Sec. 101. Food for Peace Program
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Title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq.) is amended to read as follows: The President, working through the Administrator of the United States Agency for International Development (referred to in this title as the Administrator ) shall establish a program (to be known as the Food for Peace Program ) to provide assistance, including agricultural commodities, in foreign countries on behalf of the people of the United States in furtherance of the policies set forth in section 2.
Notwithstanding any other provision of law, the Administrator may provide assistance, including agricultural commodities, under this title to meet emergency food security needs through governments and public or private entities, including intergovernmental organizations such as the World Food Program and other multilateral organizations, in such manner, including through grants, contracts, and other transactions, and on such terms and conditions as the Administrator determines appropriate.
The Administrator may provide assistance, including agricultural commodities, under this title to meet nonemergency food security needs through eligible organizations described in subsection
(d)in such manner, including through grants, contracts, and other transactions, and on such terms and conditions as the Administrator determines appropriate. The Administrator may— encourage eligible organizations to propose and implement program plans to address one or more of the policies set forth in section 2; and 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 2, to promote economic development in foreign countries. Nonemergency assistance provided under this title shall be coordinated, to the greatest extent practicable and appropriate, with complementary food and nutrition security assistance made available pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.). Agricultural commodities provided under this title may be made available for direct distribution, sale, barter, or other appropriate disposition. To be eligible to receive assistance under subsection (b), an organization shall be— a private voluntary organization or cooperative that is, to the extent practicable, registered with the Administrator; or an intergovernmental organization, such as the World Food Program. An eligible organization that receives financial assistance under this title may invest such funds pending use for project purposes. Any interest earned on such investment shall be used for the purposes for which the assistance was provided to the eligible organization without further appropriation by Congress. Organizations and cooperatives receiving assistance, including agricultural commodities, under this title shall ensure that such assistance is used effectively and in the areas of greatest need by— working with indigenous institutions and employing indigenous workers, to the extent feasible; assessing and taking into account nutritional and other needs of beneficiary groups; helping such beneficiary groups to design and carry out mutually acceptable projects; recommending to the Administrator methods of making assistance available that are the most appropriate for each local setting; supervising the provision of assistance, including the distribution of agricultural commodities, and the implementation of the projects for which assistance, including agricultural commodities, was provided under this title; and regularly monitoring and evaluating the effectiveness of projects for which assistance, including agricultural commodities, was provided under this title, including activities related to program integrity. Assistance, including agricultural commodities provided under this title, shall, to the greatest extent practicable, be clearly identified with appropriate markings in the language of the locality in which such assistance is provided, as being furnished by the people of the United States of America. Congress finds the following: American farmers have played a critical role in the Food for Peace program since Congress established such program in 1954 to reduce hunger and poverty overseas through the donation of surplus government-held agricultural commodities that had accumulated under Department of Agriculture commodity price support programs. Through the generosity of the American people, and with the help of American farmers— more than 4,000,000,000 people have received life-saving food assistance; and more than 150 countries have benefited from United States supported food security programs. Despite the cessation of the commodity price support programs and the drawdown of surplus stocks that occasioned the creation of the Food for Peace program in 1954, American farmers continue to play a critical role in United States international food assistance programs, particularly as a result of their innovation, expertise, and unmatched capacity to produce high quality agricultural commodities that are critical to meeting growing global food needs. It is the sense of Congress that modernizing the Food for Peace program, including through the introduction of more flexible approaches to meeting food needs overseas, does not negate the need and desire for American farmers to continue to play an integral role in United States international food assistance and agricultural development programs overseas. Not less than 25 percent of the amounts made available to provide assistance, including agricultural commodities, under section 202 shall be made available for the purchase and distribution of United States agricultural commodities, including associated costs for the provision of agricultural commodities, in accordance with this title. Of the amounts made available to carry out this title, not less than $350,000,000 shall be expended for nonemergency food assistance authorized under section 202(b). In order to avoid duplication and ensure the availability of resources to meet emergency needs, funds made available under chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) through grants or cooperative agreements to strengthen food security in developing countries that are consistent with the goals of this title may be deemed to be expended on nonemergency food assistance for the purposes of this subsection. The amount made available pursuant to paragraph
(1)may not exceed 30 percent of the total amount made available in any fiscal year to carry out this title. In making agricultural commodities available under this title, the Administrator should seek to ensure that— not less than 75 percent of the quantity of such commodities required to be distributed during each fiscal year under subsection
(a)be in the form of processed, fortified, or bagged commodities; and not less than 50 percent of the quantity of the bagged, whole grain commodities be bagged in the United States. An agreement entered into between the Administrator and a private voluntary organization or cooperative to provide food assistance through such organization or cooperative under this title may provide for the sale or barter in one or more recipient countries, or one or more countries in the same region, of the commodities to be provided under such agreement. In carrying out agreements of the type referred to in subsection (a), the Administrator may permit private voluntary organizations and cooperatives to sell, in one or more recipient countries, or one or more countries in the same region, an amount of commodities equal to not more than 15 percent of the aggregate amounts of all commodities distributed under section 202(b). A private voluntary organization or cooperative submitting a proposal to enter into a nonemergency food assistance agreement under this title shall include, in such proposal, a description of the intended uses of any proceeds that may be generated through the sale, in one or more recipient countries, or in one or more countries in the same region, of any commodities provided under an agreement described in subsection (a). Proceeds generated from any partial or full sale or barter of commodities by a private voluntary organization or cooperative under a nonemergency food assistance agreement under this title may— be used for associated costs; be used to implement income-generating, community development, health, nutrition, cooperative development, agricultural, and other developmental activities within one or more recipient countries or within one or more countries in the same region; or be invested, and any interest earned on such investment shall be used for the purposes for which the assistance was provided to that organization without further appropriation by Congress. There is established a Food Assistance Consultative Group (referred to in this section as the Group ), that shall meet regularly to review and address issues concerning the effectiveness of the regulations and procedures that govern food assistance programs established and implemented under this title and the implementation of other provisions of this title that may involve eligible organizations described in section 202(d)(1). The Group shall be composed of— the Administrator; the Under Secretary of Agriculture for Farm and Foreign Agricultural Services; the Inspector General of the United States Agency for International Development; a representative of each private voluntary organization and cooperative participating in a program under this title, or receiving planning assistance funds from the United States Agency for International Development to establish programs under this title; representatives from African, Asian, and Latin American indigenous nongovernmental organizations determined appropriate by the Administrator; representatives from agricultural producer groups in the United States; representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this Act; and representatives from the maritime transportation sector involved in transporting agricultural commodities overseas for programs under this Act. The Administrator shall be the chairperson of the Group. Not later than 30 days before a proposed regulation, handbook, or guideline implementing a provision of this title, or a proposed significant revision to a regulation, handbook, or guideline implementing a provision of this title, becomes final, the Administrator shall submit the proposal to the Group for review and comment. The Administrator shall consult with and, not less frequently than twice per year, meet with the Group regarding such proposed regulations, handbooks, guidelines, or revisions before they are issued in final form. The Administrator shall seek input from, and consult with, the Group on the implementation of section 207(d)(4). The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Group. The Group shall terminate on December 31, 2023. The Administrator shall promptly issue all necessary regulations and make revisions to agency guidelines with respect to changes in the operation or implementation of the programs established under this title. Not later than 270 days after the date of the enactment of the Food for Peace Modernization Act , the Administrator shall issue all regulations and revisions to agency guidance necessary to implement the amendments made to this title by such Act. The Administrator shall develop the regulations and guidance with the intent of— simplifying procedures for participation in the programs established under this title; reducing paperwork requirements under such programs; and establishing reasonable and realistic accountability standards to be applied to eligible organizations participating in the programs established under this title, taking into consideration the problems associated with carrying out programs in developing countries. The Administrator, in consultation with the Secretary, shall develop procedures that ensure the expedited processing of agricultural commodity call forwards to provide agricultural commodities overseas in a timely manner and to the extent feasible, according to planned delivery schedules. The Administrator is encouraged to finalize program agreements and resource requests for programs under this title before the beginning of each fiscal year. The Administrator, in consultation with the Secretary, shall establish systems and carry out activities— to determine the need for assistance provided under this title; and to monitor, evaluate, and improve the efficiency, effectiveness, and impact of the assistance provided under this title. The systems and activities described in paragraph
(1)shall include— program monitors in countries that receive assistance under this title; country and regional food assistance impact evaluations; the identification and implementation of best practices for food assistance programs; the evaluation of monetization programs; early warning assessments and systems to help prevent famines; and maintenance of information technology systems. Subject to subparagraphs
(B)and (C), in carrying out administrative and management activities relating to each activity under paragraph (1), the Administrator may enter into contracts with one or more individuals for personal service to be performed in recipient countries or neighboring countries. An individual who enters into a contract with the Administrator under subparagraph
(A)shall not be considered to be an employee of the Federal Government for the purpose of any law (including regulations) administered by the Office of Personnel Management. Subparagraph
(A)does not limit the ability of the Administrator to enter into a contract with any individual for personal service under section 202(a). The Administrator shall use amounts made available to carry out this title— to assess the types and quality of agricultural commodities and products for food assistance; to adjust products and formulations, including potential introduction of new fortificants and products, as necessary, to cost effectively meet nutrient needs of target populations; to test prototypes; to adopt new specifications or improve existing specifications for micronutrient fortified food assistance products, based on the latest developments in food and nutrition science, and in coordination with other international partners; to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners; 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 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 five. The Administrator— shall carry out this paragraph in consultation with independent entities with proven expertise in food assistance commodity quality enhancements; may enter into contracts or grants to obtain the expertise of such entities; and shall consult with the Food Assistance Consultative Group on how to carry out this paragraph. Of the amounts made available under paragraph (5), for fiscal years 2019 through 2023, not more than $4,500,000 may be used to carry out this paragraph. Subject to paragraph (4)(C), in addition to other funds made available to the Administrator to carry out the monitoring of emergency food assistance, the Administrator may use up to 5 percent of the amounts made available under this Act for each of the fiscal years 2019 through 2023 to implement this subsection. Subject to clause (ii), of the amounts made available under subparagraph (A), for each of the fiscal years 2019 through 2023, not more than $8,000,000 may be used by the Administrator to carry out paragraph (2)(E). No funds shall be made available for a fiscal year under subparagraph (A), in accordance with clause (i), unless not less than an equal value is made available under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) for such purposes for such fiscal year. In submitting project reports to the Administrator, a private voluntary organization or cooperative shall provide a copy of the reports in such form as is necessary for the reports to be displayed for public use on the website of the United States Agency for International Development. An organization or cooperative described in paragraph
(1)may omit any confidential information from the copy of the report submitted for public display under that paragraph. The Administrator may provide grants to— United States nonprofit organizations (as described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from tax under subsection
(a)of such section) 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 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. Not more than 70 percent of the amount made available to carry out this section may be used to provide grants under subsection (a)(1). In providing grants under subsection (a)(1), the Administrator shall provide a preference to any United States nonprofit organization that agrees to dedicate, for the preparation of shelf-stable prepackaged foods and the establishment and maintenance of stockpiles of such foods in the United States in accordance with subsection (a)(1)— non-Federal funds equal to 50 percent of the amount of grant funds received under subsection (a)(1); in-kind contributions valued at 50 percent of the amount of grant funds received under subsection (a)(1); or a combination of such funds and in-kind contributions with a combined value of 50 percent of the amount of grant funds received under subsection (a)(1). Not less than 20 percent of the amount made available to carry out this section shall be used to provide grants under subsection (a)(2). Not more than 10 percent of the amount made available to carry out this section may be used by the Administrator for the administration of grants under subsection (a). Not later than 180 days after the date of the enactment of the Food for Peace Modernization Act , the Administrator shall issue such regulations or guidelines as the Administrator determines to be necessary to carry out this section, including regulations or guidelines that provide to United States nonprofit organizations eligible to receive grants under subsection (a)(1) guidance with respect to the requirements for qualified, shelf-stable prepackaged foods and the quantity of the foods to be stockpiled by the organizations. There is authorized to be appropriated to the Administrator to carry out this section, in addition to amounts otherwise available to carry out this section, $10,000,000 for each of the fiscal years 2019 through 2023, to remain available until expended. .
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