
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1722]

 
                          TITLE 7--AGRICULTURE
 
        CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
 
        SUBCHAPTER III--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
 
Sec. 1722. Provision of agricultural commodities


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

                           (2) Limitation

        The Administrator may not deny 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.

(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) of this 
section 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 $10,000,000, and not 
    more than $28,000,000, shall be made available in each fiscal year 
    to eligible organizations described in subsection (d) of this 
    section, to assist the organizations in--
            (A) establishing new programs under this subchapter; and
            (B) meeting specific administrative, management, personnel 
        and internal transportation and distribution costs for carrying 
        out programs in foreign countries under this subchapter.

                        (2) Request for funds

        To receive funds made available under paragraph (1), an eligible 
    organization described in subsection (d) of this section 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.

(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

    Commodities provided under this subchapter shall, to the extent 
practicable, be clearly identified with appropriate markings on the 
package or container of such commodity in the language of the locality 
in which such commodities are distributed, as being furnished by the 
people of the United States of America.

(July 10, 1954, ch. 469, title II, Sec. 202, 68 Stat. 458; Pub. L. 86-
472, ch. VI, Sec. 601 (a)(1), May 14, 1960, 74 Stat. 140; Pub. L. 88-
205, pt. IV, Sec. 403(d), Dec. 16, 1963, 77 Stat. 390; Pub. L. 89-808, 
Sec. 2(C), Nov. 11, 1966, 80 Stat. 1534; Pub. L. 95-88, title II, 
Secs. 207, 208(a), Aug. 3, 1977, 91 Stat. 547; Pub. L. 96-53, title I, 
Sec. 121, title II, Sec. 202, Aug. 14, 1979, 93 Stat. 366, 368; Pub. L. 
99-83, title X, Secs. 1003, 1004(a), 1005, Aug. 8, 1985, 99 Stat. 270, 
271; Pub. L. 100-202, Sec. 11, Dec. 22, 1987, 101 Stat. 1329-448; Pub. 
L. 101-508, title I, Sec. 1204(b)(1), Nov. 5, 1990, 104 Stat. 1388-11; 
Pub. L. 101-624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3636; 
Pub. L. 104-127, title II, Sec. 207(a), Apr. 4, 1996, 110 Stat. 953.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-127, Sec. 207(a)(1), added subsec. 
(b) and struck out heading and text of former subsec. (b). Text read as 
follows: ``The Administrator may provide agricultural commodities for 
non-emergency assistance under this subchapter through eligible 
organizations (as described in subsection (d) of this section) that have 
entered into an agreement with the Administrator to use such commodities 
in accordance with this subchapter.''
    Subsec. (e). Pub. L. 104-127, Sec. 207(a)(2)(A), substituted 
``eligible organizations'' for ``private voluntary organizations and 
cooperatives'' in heading.
    Subsec. (e)(1). Pub. L. 104-127, Sec. 207(a)(2)(B), in introductory 
provisions, substituted ``$28,000,000'' for ``$13,500,000'' and 
``eligible organizations described in subsection (d) of this section, to 
assist the organizations'' for ``private voluntary organizations and 
cooperatives to assist such organizations and cooperatives''.
    Subsec. (e)(2). Pub. L. 104-127, Sec. 207(a)(2)(C), added par. (2) 
and struck out heading and text of former par. (2). Text read as 
follows: ``In order to receive funds made available under paragraph (1), 
a private voluntary organization or cooperative must submit a request 
for such funds (which must be approved by the Administrator) when 
submitting a proposal to the Administrator for an agreement under this 
subchapter. Such request for funds shall include a specific explanation 
of--
        ``(A) the program costs to be offset by such funds;
        ``(B) the reason why such funds are needed in carrying out the 
    particular assistance program; and
        ``(C) the degree to which such funds will improve the provision 
    of food assistance to foreign countries (particularly those in sub-
    Saharan Africa suffering from acute, long-term food shortages).''
    Subsec. (e)(3). Pub. L. 104-127, Sec. 207(a)(2)(D), substituted ``an 
eligible organization, the Administrator may provide assistance to the 
eligible organization'' for ``a private voluntary organization or 
cooperative, the Administrator may provide assistance to that 
organization or cooperative''.
    1990--Pub. L. 101-624 amended section generally, substituting 
present provisions for provisions relating to furnishing commodities 
through friendly governments, agencies, and organizations, assistance 
for community and other self-help activities, and multiyear agreements 
for distribution of commodities through nonprofit voluntary agencies and 
cooperatives.
    Subsec. (e)(1). Pub. L. 101-508, in introductory provisions, 
substituted ``the Administrator, not less than $10,000,000, and not more 
than $13,500,000, shall be made available in each fiscal year to private 
voluntary organizations and cooperatives'' for ``private voluntary 
organizations and cooperatives, not less than $10,000,000 and not more 
than $13,500,000 shall be made available by the Administrator''.
    1987--Subsec. (a). Pub. L. 100-202 inserted ``or cooperatives'' 
after ``voluntary agencies''.
    1985--Subsec. (a). Pub. L. 99-83, Sec. 1003, inserted provisions 
relating to appropriate disposition under section 1721 of this title.
    Subsec. (b)(4). Pub. L. 99-83, Sec. 1004(a), added par. (4).
    Subsec. (c). Pub. L. 99-83, Sec. 1005, added subsec. (c).
    1979--Subsec. (a). Pub. L. 96-53, Sec. 121, substituted ``Agency for 
International Development'' for ``Advisory Committee on Voluntary 
Foreign Aid'', and ``Advisory Committee'' wherever appearing.
    Subsec. (b)(2). Pub. L. 96-53, Sec. 202, substituted provisions 
relating to encouragement of entities distributing commodities to work 
with indigenous institutions and to employ indigenous workers, for 
provisions relating to employment of indigenous workers.
    1977--Subsec. (a). Pub. L. 95-88, Secs. 207(1), (2), 208(a), 
designated existing provisions as subsec. (a), struck out requirement 
that assistance to needy persons, insofar as practicable, be directed 
toward community and other self-help activities designed to alleviate 
the causes of the need for such assistance, and inserted provisions 
authorizing the President to utilize a foreign nonprofit voluntary 
agency which is registered with and approved by the Advisory Committee 
on Voluntary Foreign Aid if no United States nonprofit voluntary agency 
registered with and approved by the Advisory Committee is available.
    Subsec. (b). Pub. L. 95-88, Sec. 207(3), added subsec. (b).
    1966--Pub. L. 89-808 substituted provisions for furnishing 
commodities for prescribed purposes through use of friendly governments, 
agencies, and organizations, using to extent practicable registered and 
approved nonprofit voluntary agencies, identification of source of 
commodities, determination by the President of the manner and terms and 
conditions of furnishing the commodities and for directions of the 
assistance toward community and self-help activities for former 
provisions for transfer of commodities on a grant bases to assist the 
prescribed programs.
    1963--Pub. L. 88-205 substituted ``economic and community 
development'' for ``economic developments''.
    1960--Pub. L. 86-472 substituted ``In order to facilitate the 
utilization of surplus agricultural commodities in meeting the 
requirements of needy peoples, and in order to promote economic 
development in underdeveloped areas in addition to that which can be 
accomplished under sections 1701 to 1704 and 1705 to 1709 of this title, 
the'' for ``The''.


                    Effective Date of 1990 Amendments

    Amendment 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.
    Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 
1301 of Pub. L. 101-508, set out as a note under section 511r of this 
title.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of Title 22, 
Foreign Relations and Intercourse.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title 
22, Foreign Relations and Intercourse.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-88 effective Oct. 1, 1977, see section 215 
of Pub. L. 95-88, set out as a note under section 1702 of this title.


                    Effective Date of 1966 Amendment

    Amendment by Pub. L. 89-808 effective Jan. 1, 1967, see section 5 of 
Pub. L. 89-808, set out as a note under section 1691 of this title.


          Registration of Foreign Nonprofit Voluntary Agencies

    Section 208(b) of Pub. L. 95-88 provided that: ``For purposes of 
implementing the amendment made by subsection (a) [providing for the 
utilization by the President of foreign nonprofit voluntary agencies], 
the President shall issue regulations governing registration with an 
approval by the Advisory Committee on Voluntary Foreign Aid of foreign 
nonprofit voluntary agencies.''


                        Continuation of Authority

    Section 601(a)(2) of Pub. L. 86-472, which provided that the 
amendment of this section by section 601(a)(1) shall expire June 30, 
1961, was repealed by Pub. L. 87-92, July 20, 1961, 75 Stat. 211.

                  Section Referred to in Other Sections

    This section is referred to in sections 1724, 1725, 1736f-1 of this 
title.
