7 U.S.C. § 1726c — Local and regional food aid procurement

Page 983 TITLE 7—AGRICULTURE § 1726c or guidelines that provide to United States non- profit organizations eligible to receive grants under subsection (a)(1) guidance with respect to the requirements for qualified shelf-stable pre- packaged foods and the quantity of the foods to be stockpiled by the organizations. (f) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section, in addi- tion to amounts otherwise available to carry out this section, $10,000,000 for each of fiscal years 2014 through 2023, to remain available until ex- pended. (July 10, 1954, ch. 469, title II, § 208, as added Pub. L. 106–472, title III, § 310(a), Nov. 9, 2000, 114 Stat. 2075; amended Pub. L. 107–171, title III, § 3008, May 13, 2002, 116 Stat. 283; Pub. L. 110–246, title III, § 3013, June 18, 2008, 122 Stat. 1826; Pub. L. 113–79, title III, § 3007, Feb. 7, 2014, 128 Stat. 775; Pub. L. 115–334, title III, § 3108, Dec. 20, 2018, 132 Stat. 4604.) Editorial Notes PRIOR PROVISIONS A prior section 1726b, act July 10, 1954, ch. 469, title II, § 208, as added Dec. 22, 1987, Pub. L. 100–202, § 15, 101 Stat. 1329–449, which related to periods for review of proposals for famine relief and promulgation of guide- lines for such proposals, was omitted in the general re- vision of this chapter by Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3633. AMENDMENTS 2018—Pub. L. 115–334, § 3108(1), amended section catch- line generally. Prior to amendment, section catchline read as follows: ‘‘Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-sta- ble prepackaged foods’’. Subsec. (f). Pub. L. 115–334, § 3108(2), substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (f). Pub. L. 113–79 substituted ‘‘$10,000,000 for each of fiscal years 2014 through 2018’’ for ‘‘$8,000,000 for each of fiscal years 2001 through 2012’’. 2008—Subsec. (f). Pub. L. 110–246 substituted ‘‘$8,000,000’’ for ‘‘$3,000,000’’ and ‘‘2012’’ for ‘‘2007’’. 2002—Subsec. (f). Pub. L. 107–171 substituted ‘‘through 2007’’ for ‘‘and 2002’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. § 1726c. Local and regional food aid procurement projects (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Agency for International Development. (2) Appropriate committee of Congress The term ‘‘appropriate committee of Con- gress’’ means— (A) the Committee on Agriculture, Nutri- tion, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Foreign Affairs of the House of Representatives. (3) Eligible commodity The term ‘‘eligible commodity’’ means an agricultural commodity (or the product of an agricultural commodity) that— (A) is produced in, and procured from, a developing country; and (B) at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary. (4) Eligible organization The term ‘‘eligible organization’’ means an organization that is— (A) described in section 1722(d) of this title; and (B) with respect to nongovernmental orga- nizations, subject to regulations promul- gated or guidelines issued to carry out this section, including United States audit re- quirements that are applicable to non- governmental organizations. (b) Field-based projects (1) In general In accordance with paragraph (2), the Sec- retary shall provide grants to, or enter into cooperative agreements with, eligible organi- zations to carry out field-based projects that consist of local or regional procurements of el- igible commodities to respond to food crises and disasters in accordance with this section. (2) Consultation with Administrator In carrying out the development and imple- mentation of field-based projects under para- graph (1), the Secretary shall consult with the Administrator. (c) Procurement (1) In general Any eligible commodity that is procured for a field-based project carried out under sub- section (b) shall be procured through any ap- proach or methodology that the Secretary considers to be an effective approach or meth- odology to provide adequate information re- garding the manner by which to expedite, to the maximum extent practicable, the provi- sion of food aid to affected populations with- out significantly increasing commodity costs for low-income consumers who procure com- modities sourced from the same markets at which the eligible commodity is procured. (2) Requirements (A) Impact on local farmers and countries The Secretary shall ensure that the local or regional procurement of any eligible com- modity under this section will not have a disruptive impact on farmers located in, or the economy of— (i) the recipient country of the eligible commodity; or (ii) any country in the region in which the eligible commodity may be procured. (B) Transshipment The Secretary shall, in accordance with such terms and conditions as the Secretary Page 984 TITLE 7—AGRICULTURE § 1726c considers to be appropriate, require from each eligible organization commitments de- signed to prevent or restrict— (i) the resale or transshipment of any el- igible commodity procured under this sec- tion to any country other than the recipi- ent country; and (ii) the use of the eligible commodity for any purpose other than food aid. (C) World prices (i) In general In carrying out this section, the Sec- retary shall take any precaution that the Secretary considers to be reasonable to en- sure that the procurement of eligible com- modities will not unduly disrupt— (I) world prices for agricultural com- modities; or (II) normal patterns of commercial trade with foreign countries. (ii) Procurement price The procurement of any eligible com- modity shall be made at a reasonable mar- ket price with respect to the economy of the country in which the eligible com- modity is procured, as determined by the Secretary. (d) Field-based project grants or cooperative agreements (1) In general The Secretary shall award grants to, or enter into cooperative agreements with, eligi- ble organizations to carry out field-based projects. (2) Requirements of eligible organizations (A) In general To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall submit to the Secretary an application by such date, in such manner, and containing such information as the Sec- retary may require. (B) Other applicable requirements Any other applicable requirement relating to the submission of proposals for consider- ation shall apply to the submission of an ap- plication required under subparagraph (A), as determined by the Secretary. (3) Requirements of Secretary (A) Project diversity (i) In general Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Secretary shall select a diversity of projects, including projects located in— (I) food surplus regions; (II) food deficit regions (that are car- ried out using regional procurement methods); and (III) multiple geographical regions. (ii) Priority In selecting proposals for field-based projects under clause (i), the Secretary shall ensure that the majority of selected proposals are for field-based projects that— (I) are located in Africa; and (II) procure eligible commodities that are produced in Africa. (B) Development assistance A portion of the funds provided under this subsection shall be made available for field- based projects that provide development as- sistance for a period of not less than 1 year. (e) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $80,000,000 for each of fiscal years 2019 through 2023. (2) Preference In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program es- tablished under section 1736o–1 of this title. (3) Reporting Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this sec- tion, including— (A) the impact of procurements and projects on— (i) local and regional agricultural pro- ducers; and (ii) markets and consumers, including low-income consumers; and (B) implementation time frames and costs. (Pub. L. 110–246, title III, § 3206, June 18, 2008, 122 Stat. 1840; Pub. L. 113–79, title III, § 3207, Feb. 7, 2014, 128 Stat. 780; Pub. L. 115–334, title III, § 3311, Dec. 20, 2018, 132 Stat. 4623.) Editorial Notes CODIFICATION Section was enacted as part of the Food, Conserva- tion, and Energy Act of 2008, and not as part of the Food for Peace Act which comprises this chapter. AMENDMENTS 2018—Subsec. (e)(1). Pub. L. 115–334 inserted ‘‘to the Secretary’’ after ‘‘appropriated’’ and substituted ‘‘2019 through 2023’’ for ‘‘2014 through 2018’’. 2014—Subsec. (b). Pub. L. 113–79, § 3207(1)(A), (B), sub- stituted ‘‘Field-based projects’’ for ‘‘Study; field-based projects’’ in heading, struck out par. (2) designation and heading, redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and struck out former par. (1) which required a study of prior local and regional procurements for food aid pro- grams and a report to Congress. Subsec. (b)(1). Pub. L. 113–79, § 3207(1)(C), substituted ‘‘paragraph (2)’’ for ‘‘subparagraph (B)’’. Subsec. (b)(2). Pub. L. 113–79, § 3207(1)(D), substituted ‘‘paragraph (1)’’ for ‘‘subparagraph (A)’’. Subsec. (c)(1). Pub. L. 113–79, § 3207(2), substituted ‘‘subsection (b)’’ for ‘‘subsection (b)(2)’’. Subsec. (d). Pub. L. 113–79, § 3207(3), (4), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to regulations and guidelines. Subsec. (d)(2). Pub. L. 113–79, § 3207(5)(A), struck out subpar. (A) designation and heading, redesignated cls. Page 985 TITLE 7—AGRICULTURE § 1727 (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively, substituted ‘‘subparagraph (A)’’ for ‘‘clause (i)’’ in subpar. (B), and struck out former sub- par. (B). Prior to amendment, text of subpar. (B) read as follows: ‘‘To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall agree— ‘‘(i) to collect by September 30, 2011, data con- taining the information required under subsection (f)(1)(B) relating to the field-based project funded through the grant; and ‘‘(ii) to provide to the Secretary the data collected under clause (i).’’ Subsec. (d)(4). Pub. L. 113–79, § 3207(5)(B), struck out par. (4). Text read as follows: ‘‘The Secretary shall not award a grant to any eligible organization under para- graph (1) until the date on which the Secretary promul- gates regulations or issues guidelines under subsection (d)(1)’’. Subsec. (e). Pub. L. 113–79, § 3207(6), added subsec. (e). Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 113–79, § 3207(3), struck out subsecs. (f) and (g) which related, respectively, to inde- pendent evaluations of field-based projects and report to Congress and to Commodity Credit Corporation funding and funding amounts for fiscal years 2009 through 2012. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as a note under section 8701 of this title. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of this title. SUBCHAPTER III–A—FOOD FOR DEVELOPMENT § 1727. Bilateral grant program (a) In general The President shall establish a program under which agricultural commodities are donated in accordance with this subchapter to least devel- oped countries. The revenue generated by the sale of such commodities in the recipient coun- try may be utilized for economic development activities. Such program shall be implemented by the Administrator. (b) General authority To carry out the policies and accomplish the objectives described in section 1691 of this title, the Administrator may negotiate and execute agreements with least developed countries to provide commodities to such countries on a grant basis. (July 10, 1954, ch. 469, title III, § 301, as added Pub. L. 95–88, title II, § 211(a)(2), Aug. 3, 1977, 91 Stat. 548; amended Pub. L. 96–53, title II, § 204(a), Aug. 14, 1979, 93 Stat. 369; Pub. L. 99–198, title XI, § 1112(a)(3), Dec. 23, 1985, 99 Stat. 1478; Pub. L. 100–576, § 4(a)(1), Oct. 31, 1988, 102 Stat. 2898; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3641.) Editorial Notes PRIOR PROVISIONS A prior section 301 of act July 10, 1954, ch. 469, title III, 68 Stat. 458, which amended section 1427 of this title, was renumbered section 308 by Pub. L. 95–88, title II, § 211(a)(1), Aug. 3, 1977, 91 Stat. 548. AMENDMENTS 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions outlining Congressional purpose with regard to Food for Develop- ment Program, establishment of program, goal of as- sistance under program, range of assistance and empha- sized activities, and use of funds for disaster assistance. 1988—Subsec. (c). Pub. L. 100–576 added subsec. (c). 1985—Subsec. (b). Pub. L. 99–198 inserted ‘‘(including immunization of children)’’ after ‘‘health services’’. 1979—Subsec. (a). Pub. L. 96–53 inserted ‘‘, or the dol- lar sales value of the commodities themselves,’’ after ‘‘the local sale of such commodities’’, and substituted ‘‘in the participating country of funds from the sale of such commodities or of the commodities themselves’’ for ‘‘of funds from the sale of such commodities in the participating country’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101–624, set out as a note under section 1691 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of Title 22, Foreign Relations and Inter- course. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as an Effective Date of 1977 Amend- ment note under section 1702 of this title. AMENDMENT OF FOOD FOR DEVELOPMENT AGREEMENTS; DISASTER ASSISTANCE FOR BANGLADESH Pub. L. 100–576, § 4(a)(2), (3), Oct. 31, 1988, 102 Stat. 2898, provided that: ‘‘(2) Food for Development agreements entered into under title III of that Act [this subchapter] before the date of enactment of this Act [Oct. 31, 1988] may be amended in order to implement the amendment made by paragraph (1) [amending this section]. ‘‘(3) Pending amendment pursuant to paragraph (2) of Food for Development agreements with the Govern- ment of Bangladesh, the use of funds accruing under those agreements, with the approval of the United States Government, for flood-related disaster assist- ance authorized by the amendment made by paragraph (1) shall be deemed to be consistent with the applicable agreement.’’ INCREASED IMMUNIZATIONS OF CHILDREN; REPORTING REQUIREMENT Pub. L. 99–198, title XI, § 1112(b), Dec. 23, 1985, 99 Stat. 1478, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘In the im- plementation of health programs undertaken in rela- tion to assistance provided under the Food for Peace Act [this chapter], it shall be the goal of the organiza- tions and agencies involved to provide as many addi- tional immunizations of children as possible. Such in- creased immunization activities should be taken in co- ordination with similar efforts of other organizations and in keeping with any national plans for expanded programs of immunization. The President shall include information concerning such immunization activities in the annual reports required by section 634 of the For- eign Assistance Act of 1961 [22 U.S.C. 2394], including a report on the estimated number of immunizations pro- vided each year pursuant to this subsection.’’