7 USC 1722 - Provision of agricultural commodities

U.S Code last checked for updates: Jan 18, 2025

§ 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.

(c)

Uses of assistance

(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

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

(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

(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.)

cite as: 7 USC 1722