§ 1722. Provision of agricultural commodities

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(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)) that have entered into an agreement with the Administrator to use the commodities in accordance with this subchapter.

(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.

(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)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 To receive funds made available under paragraph (1), an eligible organization described in subsection

(d)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.

(4)Investment authority An eligible organization that receives funds made available under paragraph

(1)may invest the funds pending the eligible organization’s use of the funds. Any interest earned on such investment may be used for the purposes for which the assistance was provided to the eligible organization without further appropriation by Congress.

(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 of assistance Agricultural commodities and other assistance provided under this subchapter shall, to the extent practicable, be clearly identified with appropriate markings on the package or container of such agricultural commodities or food procured outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which such commodities and other assistance are distributed, as being furnished by the people of the United States of America.

(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;

(C)to test prototypes;

(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

(C)shall consult with the Food Aid Consultative Group on how to carry out this subsection.

(3)Funding limitation Of the funds made available under section 1726a(f) of this title,1 for fiscal years 2014 through 2023, not more than $4,500,000 may be used to carry out this subsection.

(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.)

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