A country shall be considered to be a least developed country and eligible for the donation of agricultural commodities under this subchapter if—
(1)such country meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference for providing financial assistance; or
(2)such country is a food deficit country and is characterized by high levels of malnutrition among significant numbers of its population, as determined by the Administrator under subsection (b) of this section.
(b) Indicators of food deficit countries
To make a finding under subsection (a)(2) of this section that a country is a food deficit country and is characterized by high levels of malnutrition, the Administrator must determine that the country meets all of the following indicators of national food deficit and malnutrition:
(1) Calorie consumption
That the daily per capita calorie consumption of the country is less than 2300 calories.
(2) Food security requirements
That the country cannot meet its food security requirements through domestic production or imports due to a shortage of foreign exchange earnings.
(3) Child mortality rate
That the mortality rate of children under 5 years of age in the country is in excess of 100 per 1000 births.
(c) Priority
In determining whether and to what extent agricultural commodities shall be made available to least developed countries under this subchapter, the Administrator shall give priority to countries that—
(1)demonstrate the greatest need for food;
(2)demonstrate the capacity to use food assistance effectively;
(3)have demonstrated a commitment to policies to promote food security, including policies to reduce measurably hunger and malnutrition through efforts such as establishing and institutionalizing supplemental nutrition programs targeted to reach those who are nutritionally at risk; and
(4)have a long-term plan for broad-based, equitable, and sustainable development.
A country shall be considered to be a least developed country and eligible for the donation of agricultural commodities under this subchapter if—
(1)such country meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference for providing financial assistance; or
(2)such country is a food deficit country and is characterized by high levels of malnutrition among significant numbers of its population, as determined by the Administrator under subsection (b) of this section.
(b) Indicators of food deficit countries
To make a finding under subsection (a)(2) of this section that a country is a food deficit country and is characterized by high levels of malnutrition, the Administrator must determine that the country meets all of the following indicators of national food deficit and malnutrition:
(1) Calorie consumption
That the daily per capita calorie consumption of the country is less than 2300 calories.
(2) Food security requirements
That the country cannot meet its food security requirements through domestic production or imports due to a shortage of foreign exchange earnings.
(3) Child mortality rate
That the mortality rate of children under 5 years of age in the country is in excess of 100 per 1000 births.
(c) Priority
In determining whether and to what extent agricultural commodities shall be made available to least developed countries under this subchapter, the Administrator shall give priority to countries that—
(1)demonstrate the greatest need for food;
(2)demonstrate the capacity to use food assistance effectively;
(3)have demonstrated a commitment to policies to promote food security, including policies to reduce measurably hunger and malnutrition through efforts such as establishing and institutionalizing supplemental nutrition programs targeted to reach those who are nutritionally at risk; and
(4)have a long-term plan for broad-based, equitable, and sustainable development.
A prior section 302 of act July 10, 1954, ch. 469, title III, 68 Stat. 458, which amended section
1431 of this title, was renumbered section
309 by Pub. L. 95–88, title II, § 211(a)(1),Aug. 3, 1977, 91 Stat. 548.
Amendments
1990—Pub. L. 101–624amended section generally, substituting present provisions for provisions setting out criteria for eligibility of developing countries for distribution of commodities, minimum aggregate value of agreements for such distribution, waiver of minimum, and participatory requirements.
1985—Subsec. (c)(1)(C). Pub. L. 99–198substituted “10” for “15” percent.
Subsec. (c)(4). Pub. L. 99–83inserted “and of United States nonprofit voluntary agencies and cooperatives”.
Amendment by Pub. L. 101–624effective Jan. 1, 1991, see section 1513 ofPub. L. 101–624, set out as a note under section
1691 of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–83effective Oct. 1, 1985, see section 1301 ofPub. L. 99–83, set out as a note under section
2151–1 of Title
22, Foreign Relations and Intercourse.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–53effective Oct. 1, 1979, see section 512(a) ofPub. L. 96–53, set out as a note under section
2151 of Title
22, Foreign Relations and Intercourse.
Effective Date
Section effective Oct. 1, 1977, see section 215 ofPub. L. 95–88, set out as an Effective Date of 1977 Amendment note under section
1702 of this title.
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