H.R. 14929 (89th): An Act to promote International trade in agricultural commodities, to combat hunger and malnutrition, to further economic ...
...development, and for other purposes.
1526 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. Public Law 89-808 November 11, 1966 AN A C T [H.R. 14929] ipj> promote international trade in agricultural commodities, to combat hunger and malnutrition, to further economic development, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Food for Peace United States of America in Congress assemhled, That this Act may be Act of 1966. cited as the "Food for Peace Act of 1966". SEC. 2. The Agricultural Trade Development and Assistance Act of 1954, as amended, is amended— 68 Stat. 454. (A) By amending section 2 to read as follows: 7 u s e 1691. Declaration of "SEC. 2. The Congress hereby declares it to be the policy of the policy. United States to expand international trade; to develop and expand export markets for United States agricultural commodities; to use the abundant agricultural productivity of the United States to combat hunger and malnutrition and to encourage economic development in the developing countries, with particular emphasis on assistance to those countries that are determined to improve their own agricultural production; and to promote in other ways the foreign policy of the United States." 7 u s e 1701- (B) By amending title I to read as follows: 1709. "TITLE I Agreements "SEC. 101. I n order to carry out the policies and accomplish the with friendly countries. objectives set forth in section 2 of this Act, the President is authorized to negotiate and carry out agreements with friendly countries to pro- vide for the sale of agricultural commodities for dollars on credit terms or for foreign currencies. "SEC. 102. For the purpose of carrying out agreements concluded under this Act the Commodity Credit Corporation is authorized to finance the sale and exportation of agricultural commodities whether from private stocks or from stocks of the Commodity Credit Corpora- tion. "SEC. 103. In exercising the authorities conferred upon him by this title, the President shall— " ( a ) take into account efforts of friendly countries to help themselves toward a greater degree of self-reliance, including efforts to meet their problems of food production and population growth; " ( b ) take steps to assure a progressive transition from sales for foreign currencies to sales for dollars (or to the extent that transi- tion to sales for dollars under the terms applicable to such sales is not possible, transition to sales for foreign currencies on credit terms no less favorable to the United States than those for devel- opment loans made under section 201 of the Foreign Assistance 75 Stat. 426; Act of 1961, as amended, and on terms which permit conversion Ante, p. 796. 22 u s e 2161. to dollars at the exchange rate applicable to the sales agreement) at a rate whereby the transition can be completed by December 31,1971: Provided, That provision may be included in any agree- ment for payment in foreign currencies to the extent that the President determines that such currencies are needed for the pur- pose of subsections ( a ) , (b), (c), (e), and (h) of section 104; "(c) take reasonable precautions to safeguard usual market- ings of the United States and to assure that sales under this title will not unduly disrupt world prices of agricultural commodities or normal patterns of commercial trade with friendly countries;
80 STAT.] PUBLIC LAW 89-808-NOV. 11, 1966 1527 " (d) make sales agreements only with those countries which he ^^p°''ts to con- determines to be friendly to the United States: Provided^ That ^''^^^" the President shall periodically review the status of those coun- tries which are eligible under this subsection and report the results of such review to the Congress. As used in this Act, "Friendly coun- 'friendly country' shall not include (1) any country or area ^^^' dominated or controlled by a foreign government or organization controlling a world Communist movement, or (2) for the purpose only of sales of agricultural commodities for foreign currencies under title I of this Act, any country or area dominated by a Communist government, or (3) for the purpose only of sales of agricultural commodities under title I of this Act, any nation which sells or furnishes or permits ships or aircraft under its registry to transport to or from Cuba or North Vietnam (exclud- ing United States installations in Cuba) any equipment, mate- rials, or commodities so long as they are governed by a Communist regime: Provided^ That with respect to furnishing, selling, or pe^'^'Ja]°R*e°"ster selling and transporting to Cuba medical supplies, non-strategic ^ ^"^^ ^^'^ ^^' raw materials for agriculture, and non-strategic agricultural or food commodities, sales agreements may be entered into if the President finds with respect to each such country, and so informs the Senate and the House of Representatives of the reasons there- for, that the making of each such agreement would be in the national interest of the United States and all such findings and reasons therefor shall be published in the Federal Register, or (4) for the purposes only of sales under title I of this Act the United Arab Republic, unless the President determines that such sale is in the national interest of the United States. No sales to the United Arab Republic shall be based upon the requirements of that nation for more than one fiscal year. The President shall keep the President of the Senate and the Speaker of the House of Representatives fully and currently informed with respect to sales made to the United Arab Republic under title I of this Act. Notwithstanding any other Act, the President may enter into agreements for the sale of argicultural commodities for dollars on credit terms under title I of this Act with countries which fall within the definition of 'friendly country' for the purpose of such sales and no sales under this Act shall be made with any country if the President finds such country is (a) an aggressor, in a military sense, against any country having diplomatic rela- tions with the United States, or (b) using funds, of any sort, from the United States for purposes inimical to the loreign policies of the United States; "(e) take appropriate steps to assure that private trade chan- nels are used to the maximum extent practicable both with respect to sales from privately owned stocks and with respect to sales from stocks owned by the Commodity Credit Corporation and that small business has adequate and fair opportunity to par- ticipate in sales made under the authority of this Act ; " ( f ) give special consideration to the development and expan- sion of foreign markets for United States agricultural commod- ities, with appropriate emphasis on more adequate storage, han- dling, and food distribution facilities as well as long-term devel- opment of new and expanding markets by encouraging economic growth; " (g) obtain commitments from purchasing countries that will prevent resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities purchased under this title, without specific approval of the President;
1528 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. " (h) obtain rates of exchange applicable to the sale of commod- ities under such agreements which are not less favorable than the highest of exchange rates legally obtainable in the respective countries and which are not less favorable than the highest of exchange rates obtainable by any other nation; " ( i ) promote progress toward assurance of an adequate food supply by encouraging countries with which agreements are made to give higher emphasis to the production of food crops than to the production of such nonfood crops as are in world surplus; "(j) exercise the authority contained in title I of this Act to assist friendly countries to be independent of domination or con- trol by any world Communist movement. Nothing in this Act shall be construed as authorizing sales agreements under title I with any government or organization controlling a world Com- munist movement or with any country with which the United States does not have diplomatic relations; " ( k ) whenever practicable require upon delivery that not less than 5 per centum of the purchase price of any agricultural com- modities sold under title I of this Act be payable in dollars or in the types or kinds of currencies which can be converted into dollars; "(1) obtain commitments from friendly purchasing countries that will insure, insofar as practicable, that food commodities sold for foreign currencies under title I of this Act shall be marked or identified at point of distribution or sale as being pro- vided on a concessional basis to the recipient government through the generosity of the people of the United States of America, and obtain commitments from purchasing countries to publicize wide- ly to their people, by public media and other means, that the com- modities are being provided on a concessional basis through the friendship of the American people as food for peace; " ( m ) require foreign currencies to be convertible to dollars to the extent consistent with the effectuation of the purposes of this Act, but in any event to the extent necessary to (1) permit that portion of such currencies made available for payment of United States obligations to be used to meet obligations or charges pay- able by the United States or any of its agencies to the government of the importing country or any of its agencies, and (2) in the case of excess currency countries, assure convertibility by sale to American tourists, or otherwise, of such additional amount (up to twenty-five per centum of the foreign currencies received pur- suant to each agreement entered into after the effective date of the Food for Peace Act of 1966) as may be necessary to cover all normal expenditures of American tourists in the importing country; " ( n ) take maximum precautions to assure that sales for dollars on credit terms under this Act shall not displace any sales of United States agricultural commodities which would otherwise be made for cash dollars. Uses of foreign "SEC. 104. Notwithstanding any other provision of law, the Presi- currencies. dent may use or enter mto agreements with foreign countries or inter- national organizations to use the foreign currencies, including prin- cipal and interest from loan repayments, which accrue in connection with sales for foreign currencies under this title for one or more of the following purposes: " ( a ) For payment of United States obligations (including obligations entered into pursuant to other legislation);
80 STAT.] PUBLIC LAW 89-808-NOV. 11, 1966 1529 " ( b ) For carrying out programs of United States Government agencies to— "(1) help develop new markets for United States agri- cultural commodities on a mutually benefitting basis. From sale proceeds and loan repayments under this title not less than the equivalent of 5 per centum of the total sales made each year under this title shall be set aside in the amounts and kinds of foreign currencies specified by the Secretary of Agriculture and made available in advance for use as pro- vided by this paragraph over such period of years as the Secretary of Agriculture determines will most effectively Notice of r e l e a s e carry out the purpose of this paragraph: Provided^ That the of foreign curren- Secretary of Agriculture may release such amounts of the cies. foreign currencies so set aside as he determines cannot be effectively used for agricultural market development pur- Transmittal to poses under this section, except that no release shall be made congressional until the expiration of thirty days following the date on committees. which notice of such proposed release is transmitted by the President to the Senate Committee on Agriculture and Forestry and to the House Committee on Agriculture, if transmitted while Congress is in session, or sixty days follow- ing the date of transmittal if transmitted while Congress is not in session. Provision shall be made in sale and loan agree- ments for the convertibility of such amount of the proceeds thereof (not less than 2 per centum) as the Secretary of Agriculture determines to be needed to carry out the purpose of this paragraph in those countries which are or offer reason- able potential of becoming dollar markets for United States agricultural commodities. Such sums shall be converted into Special T r e a s - ury account. the types and kinds of foreign currencies as the Secretary deems necessary to carry out the provisions of this paragraph and such sums shall be deposited to a special Treasury account and shall not be made available or expended except for carry- ing out the provisions of this paragraph. Notwithstanding any other provision of law, if sufficient foreign currencies for carrying out the purpose of this paragraph in such countries are not otherwise available, the Secretary of Agriculture is authorized and directed to enter into agreements with such countries for the sale of agricultural commodities in such amounts as the Secretary of Agriculture determines to be adequate and for the use of the proceeds to carry out the pur- pose of this paragraph. In carrying out agricultural market development activities, nonprofit agricultural trade organiza- tions shall be utilized to the maximum extent practicable. The purpose of this paragraph shall include such representa- tion of agricultural industries as may be required during the course of discussions on trade programs relating either to individual commodities or groups of commodities; "(2) finance international educational and cultural ex- change activities under the programs authorized by the Mu- tual Educational and Cultural Exchange Act of 1961 (22 U.S.C.2451etseq.); 75 Stat. 527. "(3) collect, collate, translate, abstract, and disseminate scientific and technological information and conduct research and support scientific activities overseas including programs and projects of scientific cooperation between the United States and other countries such as coordinated research
1530 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. against diseases coinniou to all of mankind or unique to indi- vidual regions of the globe, and promote and support pro- grams of medical and scientific research, cultural and educa- tional development, family planning, health, nutrition, and sanitation : '"(4) acquire by purchase, lease, rental, or otherwise, sites and buildings and grounds abroad, for United States GoA'ern- nient use including offices, residence quarters, community and other facilities, and construct, repair, alter, and furnish such buildings and facilities; "(5) finance under the direction of the Librarian of Con- gress, in consultation with the National Science Foundation and other interested agencies, (A) programs outside the United States for the analysis and evaluation of foreign books, periodicals, and other materials to determine whether they would provide information of technical or scientific significance in the United States and whether such books, periodicals, and other materials are of cultural or educational significance, (B) the registry, indexing, binding, reproduc- tion, cataloging, abstracting, translating, and dissemination of books, periodicals, and related materials determined to have such significance; and (C) the acquisition of such books, periodicals, and other materials and the deposit thereof in libraries and research centers in the United States specializ- ing in the areas to which they relate; "(c) To procure equipment, materials, facilities, and services for the common defense including internal security ; ''(d) For assistance to meet emergency or extraordinary relief requirements other than requirements for food commodities: Limitation. Provided, That not more than a total amount equivalent to $5,000,000 may be made available for this puipose during any fiscal year; "(e) For use to the maximum extent under the procedures established by such agency as the President shall designate for h)ans to TTnited States business firms (including cooperatives) and branches, subsidiaries, or affiliates of such firms for business development and trade expansion in such countries, including loans for private home construction, and for loans to domestic or foreign firms (including cooperatives) for the establishment of facilities for aiding in the utilization, distribution, or otherwise increasing the consumption of, and markets for, United States agricultural products: Provided, hoicever. That no such loans shall be made for the manufacture of any products intended to be exported to the United States in competition with products produced in the United States and due consideration shall be given to the continued expansion of markets for United States agricultural commodities or the products thereof. Foreign cur- rencies may be accepted in repayment of such loans; " ( f ) To promote multilateral trade and agricultural and other economic development, under procedures, established by the President, by loans or by use in any other manner which the President may determine to be in the national interest of the LTnited States, particularly to assist programs of recipient coun- tries designed to promote, increase, or improve food production, processing, distribution, or marketing in food-deficit countries friendly to the LTnited States, for which purpose the President may utilize to the extent practicable the services of nonprofit vol- untary agencies registered with and approved by the Advisory
80 STAT.] PUBLIC LAW 89-808-NOV. 11, 1966 1531 Committee on Voluntary Foreign A i d : Provided^ That no such funds may be utilized to promote religious activities; " (g) For the purchase of goods or services for other friendly countries; " ( h ) For financing, at the request of such country, programs emphasizing maternal welfare, child health and nutrition, and activities, where participation is voluntary, related to the prob- lems of population growth, under procedures established by the President through any agency of the United States, or through any local agency which he determines is qualified to administer such activities; "(i) for paying, to the maximum extent practicable, the costs outside the United States of carrying out the program authorized in section 406 of this Act; and ^°^^' P- ^^^e. "(j) For sale for dollars to United States citizeu* and non- profit organizations for travel or other purposes of currencies determined to be in excess of the needs of departments and agen- cies of the ITnited States for such currencies. The United States dollars received from the sale of such foreign currencies shall be deposited to the account of Commodity Credit Corporation: Provided^ That— "(1) Section 1415 of the Supplemental Appropriation Act, 1953, \\^^^l:^ll' shall apply to currencies used for the purposes specified in subsections (a) and ( b ) , "(2) Section 1415 of the Supplemental Appropriation Act, 1953, shall apply to all foreign currencies used for grants under subsections (f) and ( g ) , to not less than 10 per centum of the foreign currencies which accrue pursuant to agreements entered into on or before Decem- ber 31, 1964, and to not less than 20 per centum in the aggregate of the foreign currencies which accrue pursuant to agreements entered into thereafter: Provided^ however^ That the President is authorized to waive such applicability of section 1415 in any case where he deter- mines that it would be inappropriate or inconsistent with the pur- poses of this title, "(3) No agreement or proposal to grant any foreign currencies Transmittal to (except as provided in subsection (c) of this section), or to use mlneTs^.^^""^ '^°'"" (except pursuant to appropriation Act) any principal or interest from loan repayments under this section shall be entered into or carried, out until the expiration of thirty days following the date on which such agreement or proposal is transmitted by the President to the Senate Committee on Agriculture and Forestry and to the House Committee on Agriculture, if transmitted while Congress is in session, or sixty days following the date of transmittal if transmitted while Congress is not in session, "(4) Any loan made under the authority of this section shall bear interest at such rate as the President may determine but not less than the cost of funds to the United States Treasury, taking into considera- tion the current average market yields on outstanding marketable obligations of the LTnited States having maturity comparable to the maturity of such loans, unless the President shall in specific instances after consultation with the advisory committee established under section 407 designate a different rate: Provided^ further. That paragraphs (2), (3), and (4) of the fore- going proviso shall not apply in the case of any nation where the foreign currencies or credits owned by the United States and avail- able for use by it in such nation are determined by the Secretary of the Treasury to be in excess of the normal requirements of the depart- ments and agencies of the United States for expenditures in such
1532 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. nations for the two fiscal years following the fiscal year in which such determination is made. The amount of any such excess shall be devoted to the extent practicable and without regard to paragraph (1) of the foregoing proviso, to the acquisition of sites, buildings, and grounds under paragraph (4) of subsection (b) of this section and to assist such nation in undertaking self-help measures to increase its production of agricultural commodities and its facilities for storage and distribution of such commodities. Assistance under the foregoing provision shall be limited to self-help measures additional to those Reports to con- ^hich wouM be Undertaken without such assistance. Upon the g r e s s i o n a l com- , • • i i O i c i m i i mittees. determination by the secretary oi the Ireasury that such an excess exists w^ith respect to any nation, the President shall advise the Senate Committee on Agriculture and Forestry and the House Committee on Agriculture of such determination; and shall thereafter report to each such committee as often as may be necessary to keep such Com- mittee advised as to the extent of such excess, the purposes for which it is used or proposed to be used, and the effects of such use. Special account. "SEC. 105. Forelgu currcncics received pursuant to this Act shall be deposited in a special account to the credit of the United States and shall be used only pursuant to section 104, and any department or agency of the Government using any of such currencies for a pur- pose for which funds have been appropriated shall reimburse the Commodity Credit Corporation in an amount equivalent to the dollar value of the currencies used. The President shall utilize foreign cur- rencies received pursuant to this Act in such manner as wnll, to the maximum extent possible, reduce any deficit in the balance of pay- Dollar credit ments of the United States. sales. "SEC. 106. (a) Payment by any friendly country for commodities purchased for dollars on credit shall be upon terms as favorable to the L^^nited States as the economy of such country wdll permit. Payment for such commodities shall be in dollars with interest at such rates as the Secretary may determine but not less than the minimum rate 75 Stat. 426; required by section 201 of the Foreign Assistance Act of 1961 for loans "2*usc 2161. made under that section. Payment may be made in reasonable annual amounts over periods of not to exceed twenty years from the date of the last delivery of commodities in each calendar year under the agree- ment, except that the date for beginning such annual payment may be deferred for a period not later than two years after such date of last delivery, and interest shall be computed from the date of such last delivery. Delivery of such commodities shall be made in annual installments for not more than ten years following the date of the sales agreement and subject to the availability of the commodities at the time delivery is to be made. "(b) Agreements hereunder for the sale of agricultural commodities for dollars on credit terms shall include provisions to assure that the proceeds from the sale of the commodities in the recipient country are used for such economic development purposes as are agreed upon in the sales agreement or any amendment thereto. P r i v a t e trade and enterprise. "SEC. 107. (a) I t is also the policy of the Congress to stimulate and maximize the sale of United States agricultviral commodities for dollars through the private trade and to further the use of private enterprise to the maximum, thereby strengthening the development and expansion of foreign commercial markets for United States agri- cultural commodities. In furtherance of this policy, the Secretary of Agriculture is authorized, notwithstanding any other provision of law, to enter into agreements with foreign and United States private trade for financing the sale of agricultural commodities for export over
80 STAT.] PUBLIC LAW 89-808-NOV. 11, 1966 1533 sucli periods of time and on such credit terms as the Secretary deter- mines will accomplish the objectives of this section. Any agreement entered into under this section shall provide for the development and execution of projects which will result in the establishment of facilities designed to improve the storage or marketing of agricultural com- modities, or which will otherwise stimulate and expand private eco- nomic enterprise in any friendly country. Any agreement entered into under this section shall also provide for the furnishing of such security as the Secretary determines necessary to provide reasonable and adequate assurance of payment of the purchase price in dollars with interest at a rate which will as nearly as i)racticable be equiva- lent to the average cost of funds to the United States Treasury, as determined by the Secretary of the Treasury, on outstanding market- able obligations of the United States having maturities comparable to maturities of credits extended under this section. In no event shall the rate of interest be less than the minimum rate, or the delivery period, deferral of first payment, or term of credit be longer than the maximum term, authorized in section 106. In carrying out this Act, the authority provided in this section for making dollar sales shall be used to the maximum extent practicable. "(b) In carrying out the provisions of this section, the Secretary shall take reasonable precautions to safeguard usual marketings of the United States and to avoid displacing any sales of Ignited States agri- cultural commodities which the Secretary finds and determines would otherwise be made for cash dollars. "(c) The Secretary shall obtain commitments from purchasers that will prevent resale or transshipment to other countries, or use for other than domestic purposes, of agricultural commodities purchased under this section. " ( d ) In carrying out this Act, the provisions of sections 102,103 ( a ) , 103(d), 103(e), l b 3 ( f ) , 103(j), 103(k), 110, 401, 402, 403, 404, 405, 407, 408, and 409 shall be applicable to sales under this section. "SEC. 108. The Commodity Credit Corporation may finance ocean ocean transpor- freight charges incurred pursuant to agreements for sales for foreign currencies (other than those providing for conversion to dollars as described in section 103(b) of this Act) entered into hereunder only to the extent that such charges are higher (than would otherwise be the case) by reason of a requirement that the commodities be transported in United States-flag vessels. Such agreements shall require the bal- ance of such charges for transportation in United States vessels to be paid in dollars by the nations or organizations with whom such agree- ments are entered into. "SEC. 109. (a) Before entering into agreements with develojnng seif-heip meas- countries for the sale of United States agricultural commodities on whatever terms, the President shall consider the extent to which the recipient country is undertaking wherever practicable self-help meas- ures to increase per capita production and improve the means for storage and distribution of agricultural commodities, including: "(1) devoting land resources to the production of needed food rather than to the production of nonfood crops—especially non- food crops in world surplus; "(2) development of the agricultural chemical, farm machinery and equipment, transportation and other necessary industries through private enterprise; "(3) training and instructing farmers in agricultural methods and techniques; "(4) constructing adequate storage facilities; "(5) improving marketing and distribution systems; 65-300 0-67—99
1534 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. "(6) creating a favorable environment for private enterprise and investment, both domestic and foreign, and utilizing available technical know-how; "(7) establishing and maintaining Government policies to insure adequate incentives to producers; and "(8) establishing and expanding institutions for adaptive agri- cultural research; and "(9) allocating for these purposes sufficient national budgetary and foreign exchange resources (including those supplied by bilateral, multilateral and consortium aid programs) and local currency resources (resulting from loans or grants to recipient governments of the proceeds of local currency sales). "(b) Notwithstanding any other provisions of this Act, in agree- ments with nations not engaged in armed conflict against Communist forces or against nations with which the United States has no diplo- matic relations, not less than 20 per centum of the foreign currencies set aside for purposes other than those in sections 104(a), (b), (e), and (j) shall be allocated for the self-help measures set forth in this sec- tion. "(c) Each agreement entered into under this title shall describe the program which the recipient country is undertaking to improve its production, storage, and distribution of agricultural commodities; and shall provide for termination of such agreement whenever the Presi- dent finds that such program is not being adequately developed. "SEC. 110. Agreements shall not be entered into under this title during any calendar year which will call for an appropriation to reimburse the Commodity Credit Corporation in an amount in excess of $1,900,000,000, plus any amount by which agreements entered into under this title in prior years have called or will call for appropria- tions to reimburse the Commodity Credit Corporation in amounts less than authorized for such prior years." 68 Stat. 457. 7 u s e 1721- (C) By amending title I I to read as follows: 1724. "TITLE II lie^!"^'^^*"''^ '^^' "SEC. 201. The President is authorized to determine requirements and furnish agricultural commodities, on behalf of the people of the United States of America, to meet famine or other urgent or extraor- dinary relief requirements; to combat malnutrition, especially in children; to promote economic and community development in friendly developing areas; and for needy persons and nonprofit school lunch and preschool feeding programs outside the United States. The Commodity Credit Corporation shall make available to the President such as agricultural commodities determined to be available under section 401 as he may request. "SEC. 202. The President may furnish commodities for the purposes set forth in section 201 through such friendly governments and such agencies, private or public, including intergovernmental organizations such as the world food program and other multilateral organizations in such manner and upon such terms and conditions as he deems appropriate. The President shall, to the extent practicable, utilize nonprofit voluntary agencies registered with, and approved by, the Advisory Committee on Voluntary Foreign Aid. Insofar as prac- ticable, all commodities furnished hereunder shall be clearly identified by appropriate marking on each package or container in the language of the locality where they are distributed as being furnished by the people of the United States of America. The assistance to needy persons shall insofar as practicable be directed toward community
80 STAT.] PUBLIC LAW 8 9 - 8 0 8 - N O V . U , 1966 1535 and other self-help activities designed to alleviate the causes of the need for such assistance. Except in the case of emergency, the Presi- dent shall take reasonable precaution to assure that commodities furnished hereunder will not displace or interfere with sales which might otherwise be made. "SEG. 203. The Commodity Credit Corporation may, in addition to the cost of acquisition, pay with respect to commodities made available under this title costs for packaging, enrichment, preservation, and fortification; processing, transportation, handling, and other inciden- tal costs up to the time of their delivery free on board vessels in United States ports; ocean freight charges from United States ports to desig- nated ports of entry abroad, or, in the case of landlocked countries, transportation from United States ports to designated points of entry abroad; and charges for general average contributions arising out of the ocean transport of commodities transferred pursuant thereto. "SEC. 204. Programs of assistance shall not be undertaken under this title during any calendar year which call for an appropriation of more than $600,000,000 to reimburse the Commodity Credit Corpora- tion for all costs incurred in connection with such programs (includ- ing the Corporation's investment in commodities made available) plus any amount by which programs of assistance undertaken under this title in the preceding calendar year have called or will call for appro- )riations to reimburse the Commodity Credit Corporation in amounts fess than were authorized for such purpose during such preceding year. I n addition to other funds available for such purposes under any other Act, funds made available under this title may be used in an amount not exceeding $7,500,000 annually to purchase foreign currencies accruing under title I of this Act in order to meet costs (except the -^"'®' P- ^^^e. personnel and administrative costs of cooperating sponsors, distri- buting agencies, and recipient agencies, and the costs of construction or maintenance or any church owned or operated edifice or any other edifices to be used for sectarian purposes) designed to assure that commodities made available under this title are used to carry out effec- tively the purposes for which such commodities are made available or to promote community and other self-help activities designed to alleviate the causes of the need for such assistance: Provided^ hoivever, That such funds shall be used only to supplement and not substitute for funds normally available for such purposes from other non-United States Government sources. "SEC. 205. I t is the sense of the Congress that the President should encourage other advanced nations to make increased contributions for the purpose of combating world hunger and malnutrition, particu- larly through the expansion of international food and agricultural as- sistance programs. I t is further the sense of the Congress that as a means of achieving this objective, the United States should work for the expansion of the United Nations World food program beyond its present established goals." (D) By changing the designation " T I T L E I I I — G E N E R A L Repeals. P R O V I S I O N S " to " T I T L E I I I " and by striking out sections 304, 305, 306, 307, and 308. Ta'sta^'eoT"'' (YJ) By amending title I V to read as follows: 7 use i693- 1697. "TITLE IV ; ulc'17'3?: 1736. "SEC. 401. After consulting with other agencies of the Government affected and within policies laid down by the President for implement- ing this Act, and after taking into account productive capacity.
1536 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. domestic requirements, farm and consumer price levels, commercial exports, and adequate carryover, the Secretary of Agriculture shall determine the agricultural commodities and quantities thereof avail- able for disposition under this Act, and the connnodities and quantities thereof which may be included in the negotiations with each countiy. Xo commodity shall be available for disj^osition under this Act if such disposition would reduce the domestic supply of such commodity be- low 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. "Agricultural "SEC. 402. The term 'agricultural commodity' as used in this Act commodity." 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 j)uri)oses of title 11 of this Act, to- bacco or products thereof. Subject to the availability of appropria- tions tlierefor, any domestically produced tishery product may be made available under this Act. Appropriation. "SEC. 403. Tliere 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 Corpo- ration, to the extent the Commodity Credit Corporation is not reim- Ante, pp. 1531, ))ur'sed under sections 104( j) and 105, for its actual costs incurred or to 1532. 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. Aims of a s s i s t - ance programs. "SEC. 404. Tlie programs of assistance undertaken pursuant to this Act shall be directed toward the attainment of the humanitarian objec- tifies and national interest of the United States. "SEC. 405. The authority and funds provided by this Act shall be utilized in a manner that will assist friendly countries that are deter- mined to help themselves toward a greater degree of self-reliance in providing enough food to meet the needs of their people and in resolv- ing their problems relative to population growth. Food production assistance. "SEC. 406. (a) I n order to further assist friendly developing coun- tries to become self-sufficient in food production, the Secretary of Agriculture is authorized, notwithstanding any other provision of law— Farmer-to-farmer program. "(1) To establish and administer through existing agencies of the Department of Agriculture 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 eft'ectiveness of their farming opera- tions ; Education. "(2) To enter into contracts or other cooperative agreements with, or make grants to, land-grant colleges and universities and other insti- tutions of higher learning in the Ignited States to recruit persons who by reason of training, education, or practical experience are knowl- edgeable in the practical arts and sciences of agriculture and home economics, and to train such persons in the practical techniques of transmitting to farmers in such countries improved practices in agri- fMilture, and to participate in carrying out the program in such coun- tries including, where desirable, additional courses for training or retraining in such countries; "(3) To consult and cooperate with private non-profit farm organi- zations in the exchange of farm youth and farm leaders with develop-
80 STAT.] PUBLIC LAW 8 9 - 8 0 8 - N O V . 11, 1966 1537 ing countries and in the training of farmers of sucli de\el()piiig countries within the United States or abroad; " (4) To conduct research in tropical and subtropical agricuUui-e for Research, the improvement and development of tropical and subtropical food products for dissemination and cuhivation in friendly countries: "(5) To coordinate the program authorized in this sectioii with the activities of the Peace Corps, the Agency for International Develop- ment, and other agencies of the United States and to assign, upon agreement with such agencies, such persons to work with and under the administration of such agencies: Provided^ That nothing in this section shall be construed to infringe upon the powers OT- functions of the Secretary of State: "(6) To establish by such rules and regulations as he deems Jieces- sary the conditions for eligibility and retention in and dismissal from the program established in this section, together with the terms, length and nature of service, compensation, employee status, oaths of office, and security clearances, and such persons shall be entitled to the bene- fits and subject to the responsibilities applicable to persons serving in the Peace Corps pursuant to the provisions of section 612, volume 75 of the Statutes at Large, as amended ; and ^^^^ use 2501 "(7) To the maximum extent practicable, to pay the costs of such program through the tise of foreign currencies accruing from the sale of agricultural commodities under this Act, as provided in section 104(i), Ante, p. 1531. " ( b ) There are hereby authorized to be appropriated not to exceed Appropriation. $83,000,000 during any fiscal year for the purpose of carrying out the |)rovisions of this section. "SEC. 407. There is hereby established an advisory connnittee com- mittte^.^esLwiTh- posed of the Secretary of State, the Secretary of the Treasury, the Sec- ment. I'etary of Agriculture, the Director of the Bureau of the l^udget, the Administrator of the Agency for International Development, the chairman, the vice chairman and the two ranking minority members of the House Committee on Agriculture and the House Committee on iJ'oreign x\.fFaii's, and the chairman, the next ranking majority member and the two ranking minority members of the Senate Committee on Agriculture and Forestry and the Senate Committee on Foreign Rela- tions. The advisory committee shall survey the general policies relat- ing to the administration of the Act, including the manner of imple- menting the self-help provisions, the uses to be made of foreign cur- rencies which accrue in connection with sales for foreign currencies under title I, the amount of currencies to be reserved in sales agree- ^"^^' P- ^^^^• ments for loans to private industry under section 104(e), rates of exchange, interest rates, and the terms under which dollar credit sales are made, and shall advise the President with respect thereto. "SEC. 408. The President shall make a report to Congress not later Report to con- than April 1 each year with respect to the activities carried out under ^'"^^^" this Act during the preceding calendar year. Such report shall de- scribe the progress of each country with which agreements are in ef- fect under title I in carrying out its agreements under such title. "SEC. 409. No agreements to finance sales under title I and no pro- "^'"^ limitation. grams of assistance under title I I shall be enfered into after Decembei- 31,1968.
1538 PUBLIC LAW 89-808-NOV. 11, 1966 [80 STAT. "SEC. 410. The provisions of section 620(e) of the Foreign Assist- rs's ^t^*io^u^' ^^^^ ^^^ ^^ 1961, as amended (referring to nationalization, expropria- 22 use 2370. tion, and related governmental Acts affecting property owned by United States citizens), shall be applicable to assistance provided Ante, p. 1526. y^dcr title I of this Act." SEC. 3. (a) Section 9 of the Act of September 6, 1968 (7 U.S.C. 72 Stat. 1792. i43ib), is amended, effective January 1, 1967, by deleting the symbol •'(1)", by changing the semicolon to a period and by striking out all of the language in the section after the semicolon. (b) Section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 79 Stat. 1212. 1446a-l) is amended, effective January 1, 1967, by striking out '•foreign distribution,". 68 Stat. 458. (c) Section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431), is amended, effective January 1, 1967, by striking out the following: "and (4) to donate any such food commodities in excess of anticipated disposition under (1), (2), and (3) above to nonprofit voluntary agencies registered with the Committee on Voluntary For- eign Aid of the Foreign Operations Administration or other appro- priate department or agency of the Federal Government and inter- governmental organizations for use in the assistance of needy persons and in nonprofit school lunch programs outside the United States"; "and (4) above"; ", in the case of commodities made available for use within the United States, or their delivery free alongside ship or free on board export carrier at point of export, in the case of commodities made available for use outside the United States"; and "The assistance to needy persons provided in (4) above shall, insofar as practicable be directed toAvard community and other self-help designed to alleviate the causes of the need for such assistance." jjsc 1701 ((J) Section 8 of Public Law 85-931 (72 Stat. 1792) is amended (1) by inserting a period in lieu of the colon after the word "Act" and striking out the proviso; (2) by inserting after the word "manufac- tured" the word "entirely"; and (3) by inserting before the comma following the words "surplus supply" the words "in the same manner as any other agricultural commodity or product is made available". 7\j|'c*ii2°7"' (e) Section 407 of the Agricultural Act of 1949, as amended, is amended by striking the period at the end of the third sentence thereof and adding the following: " : Provided, That whenever the Secretary of Agriculture determines that the carryover at the end of any market- ing year of a price supported agricultural commodity for which a vol- untary adjustment program is in effect will be less than 25 per centum (35 per centum in the case of wheat) of the estimated export and domestic consumption of such commodity during such marketing year, the Commodity Credit Corporation shall not sell any of its stocks of such commodity during such year for unrestricted use at less than 115 per centum (120 per centum in the case of wheat whenever its carry- over will be less than 25 per centum of such estimated export and domestic consumption) of the current price support loan plus reason- able carrying charges." SEC. 4. Commercial sales of agricultural commodities out of private stocks on credit terms of not to exceed three years may be financed by Commodity Credit Corporation under its Export Credit Sales pro- Appropriation. gram. There are hereby authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation annually for its actual costs incurred or to be incurred under its Export Credit Sales Program. Effective date. SJJC. 5. This Act shall take effect as of January 1,1967, except that section 4 shall take effect upon enactment. Approved November 11, 1966.