§ 1722. — Provision of agricultural commodities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1722]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER III--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
Sec. 1722. Provision of agricultural commodities
(a) Emergency assistance
Notwithstanding any other provision of law, the Administrator may
provide agricultural commodities to meet emergency food needs under this
subchapter through governments and public or private agencies, including
intergovernmental organizations such as the World Food Program and other
multilateral organizations, in such manner and on such terms and
conditions as the Administrator determines appropriate to respond to the
emergency.
(b) Nonemergency assistance
(1) In general
The Administrator may provide agricultural commodities for
nonemergency assistance under this subchapter through eligible
organizations (as described in subsection (d) of this section) that
have entered into an agreement with the Administrator to use the
commodities in accordance with this subchapter.
(2) Limitation
The Administrator may not deny 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.
(c) Uses of assistance
Agricultural commodities provided under this subchapter may be made
available for direct distribution, sale, barter, or other appropriate
disposition.
(d) Eligible organizations
To be eligible to receive assistance under subsection (b) of this
section 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 5 percent nor more
than 10 percent of the funds shall be made available in each fiscal
year to eligible organizations described in subsection (d) of this
section, to assist the organizations in--
(A) establishing new programs under this subchapter; and
(B) meeting specific administrative, management, personnel
and internal transportation and distribution costs for carrying
out programs in foreign countries under this subchapter.
(2) Request for funds
To receive funds made available under paragraph (1), an eligible
organization described in subsection (d) of this section shall
submit a request for the funds that is subject to approval by the
Administrator.
(3) Assistance with respect to sale
Upon the request of an eligible organization, the Administrator
may provide assistance to the eligible organization with respect to
the sale of agricultural commodities made available to it under this
subchapter.
(f) Effective use of commodities
To ensure that agricultural commodities made available under this
subchapter are used effectively and in the areas of greatest need,
organizations or cooperatives through which such commodities are
distributed shall--
(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
Commodities provided under this subchapter shall, to the extent
practicable, be clearly identified with appropriate markings on the
package or container of such commodity in the language of the locality
in which such commodities are distributed, as being furnished by the
people of the United States of America.
(h) Streamlined program management
(1) Improvements
Not later than 1 year after May 13, 2002, the Administrator
shall--
(A) streamline program procedures and guidelines under this
subchapter for agreements with eligible organizations for
programs in 1 or more countries; and
(B) effective beginning with fiscal year 2004, to the
maximum extent practicable, incorporate the changes into the
procedures and guidelines for programs and the guidelines for
resource requests.
(2) Streamlined procedures and guidelines
In carrying out paragraph (1), the Administrator shall make
improvements in the Office of Food for Peace management systems that
include--
(A) expedition of and greater consistency in the program
review and approval process under this subchapter;
(B) streamlining of information collection and reporting
systems by identifying the critical information that needs to be
monitored and reported on by eligible organizations; and
(C) for approved programs, provision of greater flexibility
for an eligible organization to make modifications in program
activities to achieve program results with streamlined
procedures for reporting such modifications.
(3) Consultation
(A) In general
Paragraphs (1) and (2) shall be carried out in accordance
with section 1725 of this title and subsections (b) and (c) of
section 1726a of this title.
(B) Consultation with congressional committees
Not later than 180 days after May 13, 2002, the
Administrator shall consult with the Committee on Agriculture
and the Committee on International Relations of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on progress made in carrying out this
subsection.
(4) Report
Not later than 270 days after May 13, 2002, the Administrator
shall submit to the Committee on Agriculture and the Committee on
International Relations of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report on the improvements made and planned upgrades in the
information management, procurement, and financial management
systems to administer this subchapter.
(July 10, 1954, ch. 469, title II, Sec. 202, 68 Stat. 458; Pub. L. 86-
472, ch. VI, Sec. 601 (a)(1), May 14, 1960, 74 Stat. 140; Pub. L. 88-
205, pt. IV, Sec. 403(d), Dec. 16, 1963, 77 Stat. 390; Pub. L. 89-808,
Sec. 2(C), Nov. 11, 1966, 80 Stat. 1534; Pub. L. 95-88, title II,
Secs. 207, 208(a), Aug. 3, 1977, 91 Stat. 547; Pub. L. 96-53, title I,
Sec. 121, title II, Sec. 202, Aug. 14, 1979, 93 Stat. 366, 368; Pub. L.
99-83, title X, Secs. 1003, 1004(a), 1005, Aug. 8, 1985, 99 Stat. 270,
271; Pub. L. 100-202, Sec. 11, Dec. 22, 1987, 101 Stat. 1329-448; Pub.
L. 101-508, title I, Sec. 1204(b)(1), Nov. 5, 1990, 104 Stat. 1388-11;
Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3636;
Pub. L. 104-127, title II, Sec. 207(a), Apr. 4, 1996, 110 Stat. 953;
Pub. L. 107-171, title III, Sec. 3002, May 13, 2002, 116 Stat. 280.)
Amendments
2002--Subsec. (b)(3). Pub. L. 107-171, Sec. 3002(1), added par. (3).
Subsec. (e)(1). Pub. L. 107-171, Sec. 3002(2), substituted ``not
less than 5 percent nor more than 10 percent of the funds'' for ``not
less than $10,000,000, and not more than $28,000,000,''.
Subsec. (h). Pub. L. 107-171, Sec. 3002(3), added subsec. (h).
1996--Subsec. (b). Pub. L. 104-127, Sec. 207(a)(1), added subsec.
(b) and struck out heading and text of former subsec. (b). Text read as
follows: ``The Administrator may provide agricultural commodities for
non-emergency assistance under this subchapter through eligible
organizations (as described in subsection (d) of this section) that have
entered into an agreement with the Administrator to use such commodities
in accordance with this subchapter.''
Subsec. (e). Pub. L. 104-127, Sec. 207(a)(2)(A), substituted
``eligible organizations'' for ``private voluntary organizations and
cooperatives'' in heading.
Subsec. (e)(1). Pub. L. 104-127, Sec. 207(a)(2)(B), in introductory
provisions, substituted ``$28,000,000'' for ``$13,500,000'' and
``eligible organizations described in subsection (d) of this section, to
assist the organizations'' for ``private voluntary organizations and
cooperatives to assist such organizations and cooperatives''.
Subsec. (e)(2). Pub. L. 104-127, Sec. 207(a)(2)(C), added par. (2)
and struck out heading and text of former par. (2). Text read as
follows: ``In order to receive funds made available under paragraph (1),
a private voluntary organization or cooperative must submit a request
for such funds (which must be approved by the Administrator) when
submitting a proposal to the Administrator for an agreement under this
subchapter. Such request for funds shall include a specific explanation
of--
``(A) the program costs to be offset by such funds;
``(B) the reason why such funds are needed in carrying out the
particular assistance program; and
``(C) the degree to which such funds will improve the provision
of food assistance to foreign countries (particularly those in sub-
Saharan Africa suffering from acute, long-term food shortages).''
Subsec. (e)(3). Pub. L. 104-127, Sec. 207(a)(2)(D), substituted ``an
eligible organization, the Administrator may provide assistance to the
eligible organization'' for ``a private voluntary organization or
cooperative, the Administrator may provide assistance to that
organization or cooperative''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions relating to furnishing commodities
through friendly governments, agencies, and organizations, assistance
for community and other self-help activities, and multiyear agreements
for distribution of commodities through nonprofit voluntary agencies and
cooperatives.
Subsec. (e)(1). Pub. L. 101-508, in introductory provisions,
substituted ``the Administrator, not less than $10,000,000, and not more
than $13,500,000, shall be made available in each fiscal year to private
voluntary organizations and cooperatives'' for ``private voluntary
organizations and cooperatives, not less than $10,000,000 and not more
than $13,500,000 shall be made available by the Administrator''.
1987--Subsec. (a). Pub. L. 100-202 inserted ``or cooperatives''
after ``voluntary agencies''.
1985--Subsec. (a). Pub. L. 99-83, Sec. 1003, inserted provisions
relating to appropriate disposition under section 1721 of this title.
Subsec. (b)(4). Pub. L. 99-83, Sec. 1004(a), added par. (4).
Subsec. (c). Pub. L. 99-83, Sec. 1005, added subsec. (c).
1979--Subsec. (a). Pub. L. 96-53, Sec. 121, substituted ``Agency for
International Development'' for ``Advisory Committee on Voluntary
Foreign Aid'', and ``Advisory Committee'' wherever appearing.
Subsec. (b)(2). Pub. L. 96-53, Sec. 202, substituted provisions
relating to encouragement of entities distributing commodities to work
with indigenous institutions and to employ indigenous workers, for
provisions relating to employment of indigenous workers.
1977--Subsec. (a). Pub. L. 95-88, Secs. 207(1), (2), 208(a),
designated existing provisions as subsec. (a), struck out requirement
that assistance to needy persons, insofar as practicable, be directed
toward community and other self-help activities designed to alleviate
the causes of the need for such assistance, and inserted provisions
authorizing the President to utilize a foreign nonprofit voluntary
agency which is registered with and approved by the Advisory Committee
on Voluntary Foreign Aid if no United States nonprofit voluntary agency
registered with and approved by the Advisory Committee is available.
Subsec. (b). Pub. L. 95-88, Sec. 207(3), added subsec. (b).
1966--Pub. L. 89-808 substituted provisions for furnishing
commodities for prescribed purposes through use of friendly governments,
agencies, and organizations, using to extent practicable registered and
approved nonprofit voluntary agencies, identification of source of
commodities, determination by the President of the manner and terms and
conditions of furnishing the commodities and for directions of the
assistance toward community and self-help activities for former
provisions for transfer of commodities on a grant bases to assist the
prescribed programs.
1963--Pub. L. 88-205 substituted ``economic and community
development'' for ``economic developments''.
1960--Pub. L. 86-472 substituted ``In order to facilitate the
utilization of surplus agricultural commodities in meeting the
requirements of needy peoples, and in order to promote economic
development in underdeveloped areas in addition to that which can be
accomplished under sections 1701 to 1704 and 1705 to 1709 of this title,
the'' for ``The''.
Effective Date of 1990 Amendments
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.
Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section
1301 of Pub. L. 101-508, set out as a note under section 511r of this
title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. 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. 96-53 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 Intercourse.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section 215
of Pub. L. 95-88, set out as a note under section 1702 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5 of
Pub. L. 89-808, set out as a note under section 1691 of this title.
Registration of Foreign Nonprofit Voluntary Agencies
Section 208(b) of Pub. L. 95-88 provided that: ``For purposes of
implementing the amendment made by subsection (a) [providing for the
utilization by the President of foreign nonprofit voluntary agencies],
the President shall issue regulations governing registration with an
approval by the Advisory Committee on Voluntary Foreign Aid of foreign
nonprofit voluntary agencies.''
Continuation of Authority
Section 601(a)(2) of Pub. L. 86-472, which provided that the
amendment of this section by section 601(a)(1) shall expire June 30,
1961, was repealed by Pub. L. 87-92, July 20, 1961, 75 Stat. 211.
Section Referred to in Other Sections
This section is referred to in sections 1724, 1725, 1736f-1 of this
title.
