§ 1726c. Local and regional food aid procurement projects

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 title III § 3206 · 122 Stat. 1651

   Enacted · 7 U.S.C. § 1726c

   Pub. L. 110–246, title III, § 3206, June 18, 2008, 122 Stat. 1840

   Source evidence

   Code source credit
   Pub. L. 110–246, title III, § 3206, June 18, 2008, 122 Stat. 1840

   Enacted provision · exact public law section
   SEC. 3206. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS. (a) Definitions.— In this section: (1) Administrator.— The term “Administrator” means the Administrator of the Agency for International Development. (2) Appropriate committee of congress.— The term “appropriate committee of Congress” means— (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; and (C) the Committee on Foreign Affairs of the House of Representatives. (3) Eligible commodity.— The term “eligible commodity” means an agricultural commodity (or the product of an agricultural commodity) that— (A) is produced in, and procured from, a developing country; and (B) at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary. (4) Eligible organization.— The term “eligible organization” means an organization that is— (A) described in section 202(d) of the Food for Peace Act (7 U.S.C. 1722(d)); and (B) with respect to nongovernmental organizations, subject to regulations promulgated or guidelines issued to carry out this section, including United States audit requirements that are applicable to nongovernmental organizations. (b) Study; Field-Based Projects.— (1) Study.— (A) In general.— Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study of prior local and regional procurements for food aid programs conducted by— (i) other donor countries; (ii) private voluntary organizations; and (iii) the World Food Program of the United Nations. (B) Report.— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subparagraph (A). (2) Field-based projects.— (A) In general.— In accordance with subparagraph (B), the Secretary shall provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that consist of local or regional procurements of eligible commodities to respond to food crises and disasters in accordance with this section. (B) Consultation with administrator.— In carrying out the development and implementation of field-based projects under subparagraph (A), the Secretary shall consult with the Administrator. (c) Procurement.— (1) In general.— Any eligible commodity that is procured for a field-based project carried out under subsection (b)(2) shall be procured through any approach or methodology that the Secretary considers to be an effective approach or methodology to provide adequate information regarding the manner by which to expedite, to the maximum extent practicable, the provision of food aid to affected populations without significantly increasing commodity costs for low-income consumers who procure commodities sourced from the same markets at which the eligible commodity is procured. (2) Requirements.— (A) Impact on local farmers and countries.— The Secretary shall ensure that the local or regional procurement of any eligible commodity under this section will not have a disruptive impact on farmers located in, or the economy of— (i) the recipient country of the eligible commodity; or (ii) any country in the region in which the eligible commodity may be procured. (B) Transshipment.— The Secretary shall, in accordance with such terms and conditions as the Secretary considers to be appropriate, require from each eligible organization commitments designed to prevent or restrict— (i) the resale or transshipment of any eligible commodity procured under this section to any country other than the recipient country; and (ii) the use of the eligible commodity for any purpose other than food aid. (C) World prices.— (i) In general.— In carrying out this section, the Secretary shall take any precaution that the Secretary considers to be reasonable to ensure that the procurement of eligible commodities will not unduly disrupt— (I) world prices for agricultural commodities; or (II) normal patterns of commercial trade with foreign countries. (ii) Procurement price.— The procurement of any eligible commodity shall be made at a reasonable market price with respect to the economy of the country in which the eligible commodity is procured, as determined by the Secretary. (d) Regulations; Guidelines.— (1) In general.— In accordance with paragraph (2), not later than 180 days after the date of completion of the study under subsection (b)(1), the Secretary shall promulgate regulations or issue guidelines to carry out field-based projects under this section. (2) Requirements.— (A) Use of study.— In promulgating regulations or issuing guidelines under paragraph (1), the Secretary shall take into consideration the results of the study described in subsection (b)(1). (B) Public review and comment.— In promulgating regulations or issuing guidelines under paragraph (1), the Secretary shall provide an opportunity for public review and comment. (3) Availability.— The Secretary shall not approve the procurement of any eligible commodity under this section until the date on which the Secretary promulgates regulations or issues guidelines under paragraph (1). (e) Field-Based Project Grants or Cooperative Agreements.— (1) In general.— The Secretary shall award grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects. (2) Requirements of eligible organizations.— (A) Application.— (i) In general.— To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall submit to the Secretary an application by such date, in such manner, and containing such information as the Secretary may require. (ii) Other applicable requirements.— Any other applicable requirement relating to the submission of proposals for consideration shall apply to the submission of an application required under clause (i), as determined by the Secretary. (B) Completion requirement.— To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall agree— (i) to collect by September 30, 2011, data containing the information required under subsection (f)(1)(B) relating to the field-based project funded through the grant; and (ii) to provide to the Secretary the data collected under clause (i). (3) Requirements of secretary.— (A) Project diversity.— (i) In general.— Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Secretary shall select a diversity of projects, including projects located in— (I) food surplus regions; (II) food deficit regions (that are carried out using regional procurement methods); and (III) multiple geographical regions. (ii) Priority.— In selecting proposals for field-based projects under clause (i), the Secretary shall ensure that the majority of selected proposals are for field-based projects that— (I) are located in Africa; and (II) procure eligible commodities that are produced in Africa. (B) Development assistance.— A portion of the funds provided under this subsection shall be made available for field-based projects that provide development assistance for a period of not less than 1 year. (4) Availability.— The Secretary shall not award a grant to any eligible organization under paragraph (1) until the date on which the Secretary promulgates regulations or issues guidelines under subsection (d)(1). (f) Independent Evaluations; Report.— (1) Independent evaluations.— (A) In general.— Not later than November 1, 2011, the Secretary shall ensure that an independent third party conducts an independent evaluation of all field-based projects that— (i) addresses each factor described in subparagraph (B); and (ii) is conducted in accordance with this section. (B) Required factors.— The Secretary shall require the independent third party to develop— (i) with respect to each relevant market in which an eligible commodity was procured under this section, a description of— (I) the prevailing and historic supply, demand, and price movements of the market (including the extent of competition for procurement bids); (II) the impact of the procurement of the eligible commodity on producer and consumer prices in the market; (III) each government market interference or other activity of the donor country that might have significantly affected the supply or demand of the eligible commodity in the area at which the local or regional procurement occurred; (IV) the quantities and types of eligible commodities procured in the market; (V) the time frame for procurement of each eligible commodity; and (VI) the total cost of the procurement of each eligible commodity (including storage, handling, transportation, and administrative costs); (ii) an assessment regarding— (I) whether the requirements of this section have been met; (II) the impact of different methodologies and approaches on— (aa) local and regional agricultural producers (including large and small agricultural producers); (bb) markets; (cc) low-income consumers; and (dd) program recipients; and (III) the length of the period beginning on the date on which the Secretary initiated the procurement process and ending on the date of delivery of eligible commodities; (iii) a comparison of different methodologies used to carry out this section, with respect to— (I) the benefits to local agriculture; (II) the impact on markets and consumers; (III) the period of time required for procurement and delivery; (IV) quality and safety assurances; and (V) implementation costs; and (iv) to the extent adequate information is available (including the results of the report required under subsection (b)(1)(B)), a comparison of the different methodologies used by other donor countries to make local and regional procurements. (C) Independent third party access to records and reports.— The Secretary shall provide to the independent third party access to each record and report that the independent third party determines to be necessary to complete the independent evaluation. (D) Public access to records and reports.— Not later than 180 days after the date described in paragraph (2), the Secretary shall provide public access to each record and report described in subparagraph (C). (2) Report.— Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains the analysis and findings of the independent evaluation conducted under paragraph (1)(A). (g) Funding.— (1) Commodity credit corporation.— The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. (2) Funding amounts.— Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section— (A) $5,000,000 for fiscal year 2009; (B) $25,000,000 for fiscal year 2010; (C) $25,000,000 for fiscal year 2011; and (D) $5,000,000 for fiscal year 2012.

2. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(1)(A) · 128 Stat. 649

   1. Substituted · 7 U.S.C. § 1726c(b)

      Pub. L. 113–79, § 3207(1)(A), (B), substituted “Field-based projects” for “Study; field-based projects” in heading

   2. Struck · 7 U.S.C. § 1726c(b)

      Pub. L. 113–79, § 3207(1)(A), (B), struck out par. (2) designation and heading

   3. Redesignated · 7 U.S.C. § 1726c(b)

      Pub. L. 113–79, § 3207(1)(A), (B), redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively

   4. Struck · 7 U.S.C. § 1726c(b)

      Pub. L. 113–79, § 3207(1)(A), (B), struck out former par. (1) which required a study of prior local and regional procurements for food aid programs and a report to Congress

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 113–79, § 3207(1)(A), (B), substituted “Field-based projects” for “Study; field-based projects” in heading, struck out par. (2) designation and heading, redesignated subpars. (A) and (B) of former par. (2) as pars. (1) and (2), respectively, and struck out former par. (1) which required a study of prior local and regional procurements for food aid programs and a report to Congress.

   Enacted provision · exact public law section
   (A) by striking “(b) Study; Field-Based Projects.—” and all that follows through “(2) Field-based projects.—” and inserting the following: “(b) Field-Based Projects.— ” ;

3. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(1)(C) · 128 Stat. 649

   Substituted · 7 U.S.C. § 1726c(b)(1)

   Pub. L. 113–79, § 3207(1)(C), substituted “paragraph (2)” for “subparagraph (B)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 113–79, § 3207(1)(C), substituted “paragraph (2)” for “subparagraph (B)”.

   Enacted provision · exact public law section
   (C) in paragraph (1) (as so redesignated), by striking “subparagraph (B)” and inserting “paragraph (2)”; and

4. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(1)(D) · 128 Stat. 649

   Substituted · 7 U.S.C. § 1726c(b)(2)

   Pub. L. 113–79, § 3207(1)(D), substituted “paragraph (1)” for “subparagraph (A)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 113–79, § 3207(1)(D), substituted “paragraph (1)” for “subparagraph (A)”.

   Enacted provision · exact public law section
   (D) in paragraph (2) (as so redesignated), by striking “subparagraph (A)” and inserting “paragraph (1)”;

5. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(2) · 128 Stat. 649

   Substituted · 7 U.S.C. § 1726c(c)(1)

   Pub. L. 113–79, § 3207(2), substituted “subsection (b)” for “subsection (b)(2)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 113–79, § 3207(2), substituted “subsection (b)” for “subsection (b)(2)”.

   Enacted provision · exact public law section
   (2) in subsection (c)(1), by striking “subsection (b)(2)” and inserting “subsection (b)”;

6. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(3) · 128 Stat. 649

   1. Redesignated · 7 U.S.C. § 1726c(d)

      Pub. L. 113–79, § 3207(3), (4), redesignated subsec. (e) as (d)

   2. Struck · 7 U.S.C. § 1726c(d)

      Pub. L. 113–79, § 3207(3), (4), struck out former subsec. (d) which related to regulations and guidelines

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–79, § 3207(3), (4), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to regulations and guidelines.

   Enacted provision · exact public law section
   (3) by striking subsections (d), (f), and (g);

7. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(5)(A) · 128 Stat. 649

   1. Struck · 7 U.S.C. § 1726c(d)(2)

      Pub. L. 113–79, § 3207(5)(A), struck out subpar. (A) designation and heading

   2. Redesignated · 7 U.S.C. § 1726c(d)(2)

      Pub. L. 113–79, § 3207(5)(A), redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively

   3. Substituted · 7 U.S.C. § 1726c(d)(2)

      Pub. L. 113–79, § 3207(5)(A), substituted “subparagraph (A)” for “clause (i)” in subpar. (B)

   4. Struck · 7 U.S.C. § 1726c(d)(2)

      Pub. L. 113–79, § 3207(5)(A), struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall agree—

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 113–79, § 3207(5)(A), struck out subpar. (A) designation and heading, redesignated cls. (i) and (ii) of former subpar. (A) as subpars. (A) and (B), respectively, substituted “subparagraph (A)” for “clause (i)” in subpar. (B), and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall agree—

   “(i) to collect by September 30, 2011, data containing the information required under subsection (f)(1)(B) relating to the field-based project funded through the grant; and “(ii) to provide to the Secretary the data collected under clause (i).”

   Enacted provision · exact public law section
   (A) in paragraph (2)— (i) by striking subparagraph (B); and (ii) in subparagraph (A)— (I) by striking “(A) Application.—” and all that follows through “To be eligible” in clause (i) and inserting the following: “(A) In general.— To be eligible” ; (II) by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and (III) in subparagraph (B) (as so redesignated), by striking “clause (i)” and inserting “subparagraph (A)”; and

8. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(5)(B) · 128 Stat. 649

   Struck · 7 U.S.C. § 1726c(d)(4)

   Pub. L. 113–79, § 3207(5)(B), struck out par. (4). Text read as follows: “The Secretary shall not award a grant to any eligible organization under paragraph (1) until the date on which the Secretary promulgates regulations or issues guidelines under subsection (d)(1)”

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 113–79, § 3207(5)(B), struck out par. (4). Text read as follows: “The Secretary shall not award a grant to any eligible organization under paragraph (1) until the date on which the Secretary promulgates regulations or issues guidelines under subsection (d)(1)”.

   Enacted provision · exact public law section
   (B) by striking paragraph (4); and

9. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 § 3207(6) · 128 Stat. 649

   Redesignated · 7 U.S.C. § 1726c(e)

   Pub. L. 113–79, § 3207(6), added subsec. (e). Former subsec. (e) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 113–79, § 3207(6), added subsec. (e). Former subsec. (e) redesignated (d).

   Enacted provision · exact public law section
   (6) by adding at the end the following new subsection: “(e) Funding.— “(1) Authorization of appropriations.— There is authorized to be appropriated to carry out this section $80,000,000 for each of fiscal years 2014 through 2018. “(2) Preference.— In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1). “(3) Reporting.— Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including— “(A) the impact of procurements and projects on— “(i) local and regional agricultural producers; and “(ii) markets and consumers, including low-income consumers; and “(B) implementation time frames and costs.” .

10. 2014

    Agricultural Act of 2014

    Pub. L. 113–79 § 3207(3) · 128 Stat. 649

    Struck · 7 U.S.C. § 1726c(f); 7 U.S.C. § 1726c(g)

    Pub. L. 113–79, § 3207(3), struck out subsecs. (f) and (g) which related, respectively, to independent evaluations of field-based projects and report to Congress and to Commodity Credit Corporation funding and funding amounts for fiscal years 2009 through 2012

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 113–79, § 3207(3), struck out subsecs. (f) and (g) which related, respectively, to independent evaluations of field-based projects and report to Congress and to Commodity Credit Corporation funding and funding amounts for fiscal years 2009 through 2012.

    Enacted provision · exact public law section
    (3) by striking subsections (d), (f), and (g);

11. 2018

    Agriculture Improvement Act of 2018

    Pub. L. 115–334 title III § 3311 · 132 Stat. 4490

    1. Inserted · 7 U.S.C. § 1726c(e)(1)

       Pub. L. 115–334 inserted “to the Secretary” after “appropriated”

    2. Substituted · 7 U.S.C. § 1726c(e)(1)

       Pub. L. 115–334 substituted “2019 through 2023” for “2014 through 2018”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 115–334 inserted “to the Secretary” after “appropriated” and substituted “2019 through 2023” for “2014 through 2018”.

    Enacted provision · exact public law section
    SEC. 3311. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.   Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended— (1) by inserting “to the Secretary” after “appropriated”; and (2) by striking “2014 through 2018” and inserting “2019 through 2023”.

19 of 19 references resolved to an enrolled provision