§1726a — Title 7 Agriculture | U.S. Code

Summary

Proposals to get nonemergency food aid must say which country or countries will receive the help. The Administrator must decide on any proposal from an eligible group within 120 days. If a proposal is denied, the Administrator must say why. At least 30 days before issuing final guidelines or annual policy guidance, the Administrator must tell eligible groups and other interested people that a draft is available, provide the draft on request, and consider any comments before finalizing it. The Administrator must quickly write or update rules when program operations change and, no later than 270 days after the Agriculture Improvement Act of 2018 became law, must issue rules needed to implement that Act. Rules should make the program easier to join, cut paperwork, set fair and realistic accountability standards for groups working in developing countries, and allow flexibility. The Administrator and the Secretary must speed up processing of commodity call forwards so food goes overseas on time. The Administrator is encouraged to finish program agreements and funding requests before each fiscal year starts. The Administrator, with the Secretary, must set up systems to find where help is needed and to monitor, evaluate, and improve the aid. Those systems include country program monitors, country and regional impact studies, finding and sharing best practices, evaluating monetization programs, early warning systems to help prevent famines, and maintaining IT systems. The Administrator may hire people to work in recipient or nearby countries; those hires are not federal employees. For fiscal years 2014 through 2023, the Administrator may use up to 1.5 percent, but not less than $17,000,000, of program funds each year for monitoring (except no more than $500,000 per year for IT). Of those monitoring funds, for fiscal years 2009 through 2023, not more than $8,000,000 per year may be used for early warning work, and those funds won’t be provided unless at least $8,000,000 is made available under the Foreign Assistance Act for the same purpose that year. Private voluntary organizations and cooperatives must send project reports in a form that can be shown on USAID’s website, but they may remove confidential information.

Title 7, §1726a

Agriculture — Source: USLM XML via OLRC

(a)(1)A proposal to enter into a nonemergency food assistance agreement under this subchapter shall identify the recipient country or countries that are the subject of the agreement.

(2)Not later than 120 days after the date of receipt by the Administrator of a proposal submitted by an eligible organization under this subchapter, the Administrator shall determine whether to accept the proposal.

(3)If a proposal under paragraph (1) is denied, the response shall specify the reasons for denial.

(b)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.

(c)(1)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 program established under this subchapter. Not later than 270 days after the date of the enactment of the Agriculture Improvement Act of 2018, the Administrator shall issue all regulations and revisions to agency guidance necessary to implement the amendments made to this subchapter by such Act.

(2)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)The Administrator, in consultation with the Secretary, shall develop procedures that ensure expedited processing of commodity call forwards in order to provide commodities overseas in a timely manner and to the extent feasible, according to planned delivery schedules.

(e)The Administrator is encouraged to finalize program agreements and resource requests for programs under this section before the beginning of each fiscal year.

(f)(1)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)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;

(C)the identification and implementation of best practices for food aid programs;

(D)the evaluation of monetization programs;

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

(F)maintenance of information technology systems.

(3)(A)Subject to subparagraphs (B) and (C), in carrying out administrative and management activities relating to each activity carried out by the Administrator under paragraph (1), the Administrator may enter into contracts with 1 or more individuals for personal service to be performed in recipient countries or neighboring countries.

(B)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.

(C)Subparagraph (A) does not limit the ability of the Administrator to enter into a contract with any individual for personal service under section 1722(a) of this title.

(4)(A)Subject to section 1722(h)(3) of this title, in addition to other funds made available to the Administrator to carry out the monitoring of emergency food assistance, the Administrator may implement this subsection using up to 1.5 percent, but not less than $17,000,000, of the funds made available under this subchapter for each of fiscal years 2014 through 2023, except for paragraph (2)(F), for which not more than $500,000 shall be made available for each of the fiscal years 2014 through 2023.

(B)(i)Subject to clause (ii), of the funds made available under subparagraph (A), for each of fiscal years 2009 through 2023, not more than $8,000,000 may be used by the Administrator to carry out paragraph (2)(E).

(ii)No funds shall be made available under subparagraph (A), in accordance with clause (i), unless not less than $8,000,000 is made available under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for such purposes for such fiscal year.

(g)(1)In submitting project reports to the Administrator, a private voluntary organization or cooperative shall provide a copy of the report in such form as is necessary for the report to be displayed for public use on the website of the United States Agency for International Development.

(2)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Agriculture Improvement Act of 2018 and such Act, referred to in subsec. (c)(1), is Pub. L. 115–334, Dec. 20, 2018, 132 Stat. 4490. For complete classification of this Act to the Code, see

Short Title

of 2018 Amendment note set out under section 9001 of this title and Tables. The Foreign Assistance Act of 1961, referred to in subsec. (f)(4)(B)(ii), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 2151 of Title 22 and Tables.

Amendments

2018—Subsec. (c)(1). Pub. L. 115–334, § 3106, substituted “the Agriculture Improvement Act of 2018” for “the Agricultural Act of 2014”. Subsec. (f)(4)(A). Pub. L. 115–334, § 3107(1), substituted “1.5 percent, but not less than $17,000,000,” for “$17,000,000” and “2023” for “2018” in two places. Subsec. (f)(4)(B)(i). Pub. L. 115–334, § 3107(2)(A), substituted “2023” for “2018”. Subsec. (f)(4)(B)(ii). Pub. L. 115–334, § 3107(2)(B), struck out “chapter 1 of part I of” before “the Foreign Assistance Act of 1961”. 2014—Subsec. (c). Pub. L. 113–79, § 3006(a)(1), inserted “and guidance” after “

Regulations

” in heading. Subsec. (c)(1). Pub. L. 113–79, § 3006(a)(2), inserted at end “Not later than 270 days after the date of the enactment of the Agricultural Act of 2014, the Administrator shall issue all

Regulations

and revisions to agency guidance necessary to implement the

Amendments

made to this subchapter by such Act.” Subsec. (c)(2). Pub. L. 113–79, § 3006(a)(3), inserted “and guidance” after “develop

Regulations

” in introductory provisions. Subsec. (f)(2)(F). Pub. L. 113–79, § 3006(b)(1), substituted “maintenance of” for “upgraded”. Subsec. (f)(3), (4). Pub. L. 113–79, § 3006(b)(2), (3), redesignated pars. (5) and (6) as (3) and (4), respectively, and struck out former pars. (3) and (4) which related to reports to be submitted by the Administrator and the Comptroller General. Subsec. (f)(4)(A). Pub. L. 113–79, § 3006(b)(4)(A), substituted “$17,000,000 of the funds made available under this subchapter for each of fiscal years 2014 through 2018, except for paragraph (2)(F), for which not more than $500,000 shall be made available for each of the fiscal years 2014 through 2018.” for “$22,000,000 of the funds made available under this subchapter for each of fiscal years 2009 through 2012, except for paragraph (2)(F), for which only $2,500,000 shall be made available during fiscal year 2009.” Subsec. (f)(4)(B)(i). Pub. L. 113–79, § 3006(b)(4)(B), substituted “2018” for “2012”. Subsec. (f)(5), (6). Pub. L. 113–79, § 3006(b)(3), redesignated pars. (5) and (6) as (3) and (4), respectively. 2008—Subsec. (a)(3). Pub. L. 110–246, § 3012(1), struck out “and the conditions that must be met for the approval of such proposal” before period at end. Subsec. (c)(3). Pub. L. 110–246, § 3012(2), struck out par. (3). Prior to amendment, text read as follows: “Handbooks developed by the Administrator to assist in carrying out the program under this subchapter shall be designed to foster the development of programs under this subchapter by eligible organizations.” Subsec. (d). Pub. L. 110–246, § 3012(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “Not later than 15 days after receipt from a United States field mission of a call forward for agricultural commodities for programs that meet the requirements of this subchapter, the order for the purchase or the supply, from inventory, of such commodities or products shall be transmitted to the Commodity Credit Corporation.” Subsec. (e). Pub. L. 110–246, § 3018(b), struck out par. (1) designation and struck out par. (2). Prior to amendment, text read as follows: “Not later than December 1 of each year, 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 that contains— “(A) a list of programs, countries, and commodities approved to date for assistance under this section; and “(B) a statement of the total amount of funds approved to date for transportation and administrative costs under this section.” Subsecs. (f), (g). Pub. L. 110–246, § 3012(4), added subsecs. (f) and (g). 2002—Subsec. (a). Pub. L. 107–171, § 3007(1), added pars. (1) and (2), redesignated former par. (2) as (3), and struck out heading and text of former par. (1). Text read as follows: “Not later than 45 days after the receipt by the Administrator of a proposal submitted— “(A) by an eligible organization, with the concurrence of the appropriate United States field mission, for commodities; or “(B) by a United States field mission to make commodities available to an eligible organization; under this subchapter, the Administrator shall make a decision concerning such proposal.” Subsec. (b). Pub. L. 107–171, § 3007(2), substituted “guideline or annual policy guidance” for “guideline” wherever appearing. Subsec. (e). Pub. L. 107–171, § 3007(3), added subsec. (e). 1996—Subsec. (a)(1)(A), (B). Pub. L. 104–127, § 207(b)(1), substituted “an eligible organization” for “a private voluntary organization or cooperative”. Subsec. (b)(1). Pub. L. 104–127, § 207(b)(2)(A), substituted “eligible organizations” for “private voluntary organizations and cooperatives”. Subsec. (b)(2). Pub. L. 104–127, § 207(b)(2)(B), substituted “eligible organizations” for “organizations, cooperatives,”. 1990—Pub. L. 101–624 amended section generally, substituting present provisions for provisions relating to requests by nonprofit voluntary agency or cooperative for nonemergency food assistance agreements, and uses of foreign currency proceeds. 1987—Subsec. (a). Pub. L. 100–202, § 14(1), inserted “or cooperative” after “agency”. Subsec. (b). Pub. L. 100–202, § 14(2), substituted “10 percent” for “5 percent”. Subsec. (c). Pub. L. 100–202, § 14(3), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an

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note under section 8701 of this title.

Effective Date

of 1990 AmendmentAmendment 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.

Effective Date

Pub. L. 99–198, title XI, § 1104(b), Dec. 23, 1985, 99 Stat. 1466, as amended by Pub. L. 110–246, title III, § 3001(c),

June 18, 2008, 122 Stat. 1821, provided that: “section 207 of the Food for Peace Act (as added by subsection (a)) [this section] shall apply with respect to agreements entered into after

December 31, 1985.”

§1726a Administration

Summary

Title 7, §1726a

Notes & Related Subsidiaries

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Regulations

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Statutory Notes and Related Subsidiaries

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