7 USC 1721 - General authority

Collapse to view only § 1721. General authority

§ 1721. General authority
§ 1722. Provision of agricultural commodities
§ 1723. Generation and use of currencies by private voluntary organizations and cooperatives
§ 1724. Levels of assistance
§ 1725. Food Aid Consultative Group
§ 1726. Repealed.
§ 1726a. Administration
§ 1726b. International food relief partnership
§ 1726c. Local and regional food aid procurement projects

§ 1721. General authority

The President shall establish a program under this subchapter (to be implemented by the Administrator) to provide agricultural commodities to foreign countries on behalf of the people of the United States to—

(1) address famine and food crises, and respond to emergency food needs, arising from man-made and natural disasters;

(2) combat malnutrition, especially in children and mothers;

(3) carry out activities that attempt to alleviate the causes of hunger, mortality and morbidity;

(4) promote economic and community development;

(5) promote food security and support sound environmental practices;

(6) carry out feeding programs; and

(7) build resilience to mitigate and prevent food crises and reduce the future need for emergency aid.

(July 10, 1954, ch. 469, title II, § 201, 68 Stat. 457; May 28, 1956, ch. 327, title II, § 208(b), 70 Stat. 201; Aug. 3, 1956, ch. 933, § 4, 70 Stat. 988; Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1534; Pub. L. 94–161, title II, § 208, Dec. 20, 1975, 89 Stat. 853; Pub. L. 95–88, title II, § 206, Aug. 3, 1977, 91 Stat. 547; Pub. L. 97–113, title IV, § 404, Dec. 29, 1981, 95 Stat. 1538; Pub. L. 99–83, title X, § 1002, Aug. 8, 1985, 99 Stat. 270; Pub. L. 99–198, title XI, §§ 1102, 1103, Dec. 23, 1985, 99 Stat. 1465; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3636; Pub. L. 110–246, title III, § 3007, June 18, 2008, 122 Stat. 1823; Pub. L. 113–79, title III, § 3001, Feb. 7, 2014, 128 Stat. 772.)

§ 1722. Provision of agricultural commodities

(a) Emergency assistance

(b) Nonemergency assistance

(1) In general

(2) Limitation

The Administrator may not use as a sole rationale for denying a request for funds submitted under this subsection because the program for which the funds are requested—

(A) would be carried out by the eligible organization in a foreign country in which the Agency for International Development does not have a mission, office, or other presence; or

(B) is not part of a development plan for the country prepared by the Agency.

(3) Program diversity

The Administrator shall—

(A) encourage eligible organizations to propose and implement program plans to address 1 or more aspects of the program under section 1721 of this title; and

(B) consider proposals that incorporate a variety of program objectives and strategic plans based on the identification by eligible organizations of appropriate activities, consistent with section 1721 of this title, to assist development of foreign countries.

(d) Eligible organizations

To be eligible to receive assistance under subsection (b) an organization shall be—

(1) a private voluntary organization or cooperative that is, to the extent practicable, registered with the Administrator; or

(2) an intergovernmental organization, such as the World Food Program.

(e) Support for eligible organizations

(1) In general

Of the funds made available in each fiscal year under this subchapter to the Administrator, not less than 7.5 percent nor more than 20 percent of the funds shall be made available in each fiscal year to eligible organizations described in subsection (d), to assist the organizations in—

(A) establishing and enhancing programs under this subchapter;

(B) meeting specific administrative, management, personnel, transportation, storage, and distribution costs for carrying out programs in foreign countries under this subchapter;

(C) implementing income-generating, community development, health, nutrition, cooperative development, agricultural, and other developmental activities within 1 or more recipient countries or within 1 or more countries in the same region; and

(D) improving and implementing methodologies for food aid programs, including needs assessments (upon the request of the Administrator), monitoring, and evaluation.

(2) Request for funds

(3) Assistance with respect to sale

(4) Investment authority

(f) Effective use of commodities

(1) to the extent feasible, work with indigenous institutions and employ indigenous workers;

(2) assess and take into account nutritional and other needs of beneficiary groups;

(3) help such beneficiary groups design and carry out mutually acceptable projects;

(4) recommend to the Administrator methods of making assistance available that are the most appropriate for each local setting;

(5) supervise the distribution of commodities provided and the implementation of programs carried out under this subchapter; and

(6) periodically evaluate the effectiveness of projects undertaken under this subchapter.

(g) Labeling of assistance

(h) Food aid quality

(1) In general

The Administrator shall use funds made available for fiscal year 2014 and subsequent fiscal years to carry out this subchapter—

(A) to assess the types and quality of agricultural commodities and products donated for food aid;

(B) to adjust products and formulations, including potential introduction of new fortificants and products, as necessary to cost-effectively meet nutrient needs of target populations;

(D) to adopt new specifications or improve existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners;

(E) to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners;

(F) to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and

(G) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children under the age of 5.

(2) Administration

The Administrator—

(A) shall carry out this subsection in consultation with and through independent entities with proven expertise in food aid commodity quality enhancements;

(B) may enter into contracts to obtain the services of such entities; and

(3) Funding limitation

(July 10, 1954, ch. 469, title II, § 202, 68 Stat. 458; Pub. L. 86–472, ch. VI, § 601(a)(1), May 14, 1960, 74 Stat. 140; Pub. L. 88–205, pt. IV, § 403(d), Dec. 16, 1963, 77 Stat. 390; Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1534; Pub. L. 95–88, title II, §§ 207, 208(a), Aug. 3, 1977, 91 Stat. 547; Pub. L. 96–53, title I, § 121, title II, § 202, Aug. 14, 1979, 93 Stat. 366, 368; Pub. L. 99–83, title X, §§ 1003, 1004(a), 1005, Aug. 8, 1985, 99 Stat. 270, 271; Pub. L. 100–202, § 11, Dec. 22, 1987, 101 Stat. 1329–448; Pub. L. 101–508, title I, § 1204(b)(1), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3636; Pub. L. 104–127, title II, § 207(a), Apr. 4, 1996, 110 Stat. 953; Pub. L. 107–171, title III, § 3002, May 13, 2002, 116 Stat. 280; Pub. L. 110–246, title III, § 3008, June 18, 2008, 122 Stat. 1823; Pub. L. 113–79, title III, §§ 3002, 3003, Feb. 7, 2014, 128 Stat. 773; Pub. L. 115–334, title III, §§ 3101, 3102, Dec. 20, 2018, 132 Stat. 4603, 4604.)

§ 1723. Generation and use of currencies by private voluntary organizations and cooperatives

(a) Local sale and barter of commodities

(b) Description of intended uses

Proceeds generated from any partial or full sale or barter of commodities by a private voluntary organization or cooperative under a non-emergency food assistance agreement under this subchapter may—

(1) be used to transport, store, distribute, and otherwise enhance the effectiveness of the use of agricultural commodities provided under this subchapter;

(2) be used to implement income-generating, community development, health, nutrition, cooperative development, agricultural, and other developmental activities within 1 or more recipient countries or within 1 or more countries in the same region; or

(3) be invested, and any interest earned on such investment may be used, for the purposes for which the assistance was provided to that organization, without further appropriation by Congress.

(July 10, 1954, ch. 469, title II, § 203, 68 Stat. 458; May 28, 1956, ch. 327, title II, § 208(c), 70 Stat. 201; Pub. L. 85–128, § 1(3), Aug. 13, 1957, 71 Stat. 345; Pub. L. 86–341, title I, § 3, Sept. 21, 1959, 73 Stat. 606; Pub. L. 86–472, ch. VI, § 601(b), May 14, 1960, 74 Stat. 140; Pub. L. 87–128, title II, § 202(1), Aug. 8, 1961, 75 Stat. 307; Pub. L. 88–638, § 1(13), (14), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95–88, title II, § 209, Aug. 3, 1977, 91 Stat. 548; Pub. L. 98–473, title III, § 305, Oct. 12, 1984, 98 Stat. 2195;

§ 1724. Levels of assistance

(a) Minimum levels

(1) Minimum assistance

(2) Minimum non-emergency assistance

(3) Exception

(b) Use of value-added commodities

(1) Minimum levels

(2) Waiver of minimum

(July 10, 1954, ch. 469, title II, § 204, 68 Stat. 458; Pub. L. 85–128, § 1(1), Aug. 13, 1957, 71 Stat. 345; Pub. L. 85–931, § 5, Sept. 6, 1958, 72 Stat. 1791; Pub. L. 86–341, title I, § 1, Sept. 21, 1959, 73 Stat. 606; Pub. L. 87–128, title II, § 202(2), Aug. 8, 1961, 75 Stat. 307; Pub. L. 88–638, § 1(15), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1535; Pub. L. 95–113, title XII, § 1203, Sept. 29, 1977, 91 Stat. 956; Pub. L. 97–98, title XII, § 1212, Dec. 22, 1981, 95 Stat. 1281; Pub. L. 99–198, title XI, § 1101, Dec. 23, 1985, 99 Stat. 1465; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3639; Pub. L. 104–127, title II, § 209, Apr. 4, 1996, 110 Stat. 954; Pub. L. 107–171, title III, § 3004, May 13, 2002, 116 Stat. 282; Pub. L. 108–199, div. A, title VII, § 758, Jan. 23, 2004, 118 Stat. 38; Pub. L. 110–246, title III, § 3010, June 18, 2008, 122 Stat. 1824; Pub. L. 113–79, title III, § 3004, Feb. 7, 2014, 128 Stat. 774; Pub. L. 115–334, title III, § 3104, Dec. 20, 2018, 132 Stat. 4604.)

§ 1725. Food Aid Consultative Group

(a) Establishment

(b) Membership

The Group shall be composed of—

(1) the Administrator;

(2) the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs;

(3) the Inspector General of the Agency for International Development;

(4) a representative of each private voluntary organization and cooperative participating in a program under this subchapter, or receiving planning assistance funds from the Agency to establish programs under this subchapter;

(5) representatives from African, Asian and Latin American indigenous non-governmental organizations determined appropriate by the Administrator;

(6) representatives from agricultural producer groups in the United States;

(7) representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this chapter; and

(8) representatives from the maritime transportation sector involved in transporting agricultural commodities overseas for programs under this chapter.

(d) Consultations

(1) Consultation in advance of issuance of implementation regulations, handbooks, and guidelines

(2) Consultation regarding food aid quality efforts

(e) Chapter 10 of title 5

(f) Termination

(July 10, 1954, ch. 469, title II, § 205, as added Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1535; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3639; Pub. L. 104–127, title II, § 210, Apr. 4, 1996, 110 Stat. 955; Pub. L. 107–171, title III, § 3005, May 13, 2002, 116 Stat. 282; Pub. L. 110–246, title III, § 3011, June 18, 2008, 122 Stat. 1824; Pub. L. 113–79, title III, § 3005, Feb. 7, 2014, 128 Stat. 774; Pub. L. 115–334, title III, § 3105, title XII, § 12405(c), Dec. 20, 2018, 132 Stat. 4604, 4975; Pub. L. 117–286, § 4(a)(26), Dec. 27, 2022, 136 Stat. 4308.)

§ 1726. Repealed. Pub. L. 107–171, title III, § 3006, May 13, 2002, 116 Stat. 282

§ 1726a. Administration

(a) Proposals

(1) Recipient countries

(2) Timing

(3) Denial

(b) Notice and comment

Not later than 30 days prior to the issuance of a final guideline or annual policy guidance to carry out this subchapter, the Administrator shall—

(1) provide notice of the existence of a proposed guideline or annual policy guidance, and that such guideline or annual policy guidance is available for review and comment, to eligible organizations that participate in programs under this subchapter, and to other interested persons;

(2) make the proposed guideline or annual policy guidance available, on request, to the eligible organizations and other persons referred to in paragraph (1); and

(3) take any comments received into consideration prior to the issuance of the final guideline or annual policy guidance.

(1) In general

(2) Requirements

The Administrator shall develop regulations and guidance with the intent of—

(A) simplifying procedures for participation in the programs established under this subchapter;

(B) reducing paperwork requirements under such programs;

(C) establishing reasonable and realistic accountability standards to be applied to eligible organizations participating in the programs established under this subchapter, taking into consideration the problems associated with carrying out programs in developing countries; and

(D) providing flexibility for carrying out programs under this subchapter.

(d) Timely provision of commodities

(e) Timely approval

(f) Program oversight, monitoring, and evaluation

(1) Duties of Administrator

The Administrator, in consultation with the Secretary, shall establish systems and carry out activities—

(A) to determine the need for assistance provided under this subchapter; and

(B) to improve, monitor, and evaluate the effectiveness and efficiency of the assistance provided under this subchapter to maximize the impact of the assistance.

(2) Requirements of systems and activities

The systems and activities described in paragraph (1) shall include—

(A) program monitors in countries that receive assistance under this subchapter;

(B) country and regional food aid impact evaluations;

(D) the evaluation of monetization programs;

(E) early warning assessments and systems to help prevent famines; and

(F) maintenance of information technology systems.

(3) Contract authority

(A) In general

(B) Prohibition

(4) Funding

(A) In general

(B) Limitations

(i) In general

(ii) Condition

(g) Project reporting

(1) In general

(2) Confidential information

(July 10, 1954, ch. 469, title II, § 207, as added Pub. L. 99–198, title XI, § 1104(a), Dec. 23, 1985, 99 Stat. 1466; amended Pub. L. 100–202, § 14, Dec. 22, 1987, 101 Stat. 1329–449; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3640; Pub. L. 104–127, title II, § 207(b), Apr. 4, 1996, 110 Stat. 954; Pub. L. 107–171, title III, § 3007, May 13, 2002, 116 Stat. 282; Pub. L. 110–246, title III, §§ 3012, 3018(b), June 18, 2008, 122 Stat. 1824, 1828; Pub. L. 113–79, title III, § 3006(a), (b), Feb. 7, 2014, 128 Stat. 774, 775;

§ 1726b. International food relief partnership

(a) In general

The Administrator may provide grants to—

(1) United States nonprofit organizations (described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of title 26) for the preparation of shelf-stable prepackaged foods requested by eligible organizations and the establishment and maintenance of stockpiles of the foods in the United States; and

(2) private voluntary organizations and international organizations for the rapid transportation, delivery, and distribution of shelf-stable prepackaged foods described in paragraph (1) to needy individuals in foreign countries.

(b) Grants for establishment of stockpiles

(1) In general

(2) Priority

In providing grants under subsection (a)(1), the Administrator shall provide a preference to a United States nonprofit organization that agrees to provide—

(A) non-Federal funds in an amount equal to 50 percent of the amount of funds received under a grant under subsection (a)(1);

(B) an in-kind contribution in an amount equal to that percentage; or

for the preparation of shelf-stable prepackaged foods and the establishment and maintenance of stockpiles of the foods in the United States in accordance with subsection (a)(1).

(d) Administration

(e) Regulations or guidelines

(f) Authorization of appropriations

(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.)

§ 1726c. Local and regional food aid procurement projects

(a) DefinitionsIn this section:

(1) Administrator

(2) Appropriate committee of CongressThe term “appropriate committee of Congress” means—

(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(B) the Committee on Agriculture of the House of Representatives; and

(3) Eligible commodityThe 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 organizationThe term “eligible organization” means an organization that is—

(A) described in section 1722(d) of this title; and

(B) with respect to nongovernmental organizations, subject to regulations promulgated or guidelines issued to carry out this section, including United States audit requirements that are applicable to nongovernmental organizations.

(b) Field-based projects

(1) In general

(2) Consultation with Administrator

(1) In general

(2) Requirements

(A) Impact on local farmers and countriesThe Secretary shall ensure that the local or regional procurement of any eligible commodity 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) TransshipmentThe Secretary shall, in accordance with such terms and conditions as the Secretary considers to be appropriate, require from each eligible organization commitments designed to prevent or restrict—

(i) the resale or transshipment of any eligible commodity procured under this section to any country other than the recipient country; and

(ii) the use of the eligible commodity for any purpose other than food aid.

(i) In generalIn carrying out this section, the Secretary shall take any precaution that the Secretary considers to be reasonable to ensure that the procurement of eligible commodities will not unduly disrupt—(I) world prices for agricultural commodities; or(II) normal patterns of commercial trade with foreign countries.

(ii) Procurement price

(d) Field-based project grants or cooperative agreements

(1) In general

(2) Requirements of eligible organizations

(A) In general

(B) Other applicable requirements

(3) Requirements of Secretary

(A) Project diversity

(i) In generalSubject 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 carried out using regional procurement methods); and(III) multiple geographical regions.

(ii) PriorityIn 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

(e) Funding

(1) Authorization of appropriations

(2) Preference

(3) ReportingEach year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including—

(A) the impact of procurements and projects on—

(i) local and regional agricultural producers; 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.)