22 U.S.C. § 9301 — Findings

Page 2217 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9301 Sec. 9305. Assistance to implement the Global Food Se- curity Strategy. 9306. Emergency Food Security Program. 9307. Reports. 9308. Rule of construction. § 9301. Findings Congress finds that a comprehensive approach to sustainable food and nutrition security should not only respond to emergency food shortages, but should also address malnutrition, resilience to food and nutrition insecurity, building the capacity of poor, rural populations to improve their agricultural productivity and incomes, removing institutional impediments to agricultural development, value chain access and efficiency, including processing and storage, enhancing agribusiness development, access to markets and activities that address the specific needs and barriers facing women and small-scale producers, education, and collaborative re- search. (Pub. L. 114–195, § 2, July 20, 2016, 130 Stat. 675; Pub. L. 117–263, div. E, title LV, § 5588(a), Dec. 23, 2022, 136 Stat. 3375.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘Congress finds that a comprehensive’’ for ‘‘Congress makes the following findings: ‘‘(1) According to the Food and Agriculture Organi- zation of the United Nations (referred to in this sec- tion as the ‘FAO’), 805,000,000 people worldwide suffer from chronic hunger. Hunger and malnutrition rob people of health and productive lives and stunt the mental and physical development of future genera- tions. ‘‘(2) According to the January 2014 ‘Worldwide Threat Assessment of the US Intelligence Commu- nity’— ‘‘(A) the ‘[l]ack of adequate food will be a desta- bilizing factor in countries important to US na- tional security that do not have the financial or technical abilities to solve their internal food secu- rity problems’; and ‘‘(B) ‘[f]ood and nutrition insecurity in weakly governed countries might also provide opportuni- ties for insurgent groups to capitalize on poor con- ditions, exploit international food aid, and discredit governments for their inability to address basic needs’. ‘‘(3) A comprehensive’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–266, § 1, Oct. 11, 2018, 132 Stat. 3755, pro- vided that: ‘‘This Act [amending sections 2292a, 9305, and 9307 of this title] may be cited as the ‘Global Food Security Reauthorization Act of 2017’.’’ SHORT TITLE Pub. L. 114–195, § 1, July 20, 2016, 130 Stat. 675, pro- vided that: ‘‘This Act [enacting this chapter and amending sections 2292 and 2292a of this title] may be cited as the ‘Global Food Security Act of 2016’.’’ GLOBAL MALNUTRITION PREVENTION AND TREATMENT Pub. L. 117–214, Oct. 19, 2022, 136 Stat. 2252, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Global Malnutrition Prevention and Treatment Act of 2021’. ‘‘SEC. 2. AUTHORIZATION OF EFFORTS TO PRE- VENT AND TREAT MALNUTRITION GLOBALLY. ‘‘(a) IN GENERAL.—The Administrator, in coordina- tion with the heads of other relevant Federal depart- ments and agencies, is authorized and encouraged to support efforts to prevent and treat malnutrition glob- ally, including by— ‘‘(1) targeting resources and nutrition interventions to support the most vulnerable populations suscep- tible to severe malnutrition, including children under the age of 5 and pregnant and lactating women; ‘‘(2) increasing coverage, particularly in priority countries, of nutrition interventions that include co- ordinated deployment of prenatal nutrient supple- ments, breastfeeding support, vitamin A supplemen- tation, specialized nutritious food products for the treatment of acute malnutrition, and other evidence- based interventions, as appropriate; ‘‘(3) increasing the use of context and country-ap- propriate fortification of staples and condiments with essential nutrients; ‘‘(4) advancing evidence-based programs and inter- ventions carried out using data-driven approaches, best practices, and targeted to country-specific con- texts and needs; ‘‘(5) supporting partner governments to develop policies to prevent and treat malnutrition; ‘‘(6) leveraging investments to strengthen health systems, including to support community health workers to advance improved nutrition outcomes; ‘‘(7) improve diets through safe, affordable, nutri- tious foods in the food system; and ‘‘(8) ensuring rigorous monitoring and evaluation of such efforts. ‘‘(b) EXTERNAL COORDINATION EFFORTS RELATED TO NUTRITION PROGRAMS.—The Administrator, in coordina- tion with the heads of other relevant Federal depart- ments and agencies, should coordinate, as appropriate, with bilateral and multilateral donors, governments of partner countries, United Nations agencies, civil soci- ety organizations, nongovernmental organizations, in- cluding faith-based organizations, and the private sec- tor to prevent and treat malnutrition globally, includ- ing by supporting efforts to— ‘‘(1) build the capacity of local and community- based organizations and governments of partner countries to ensure sustainability of nutrition inter- ventions; ‘‘(2) expand research and innovation to identify and increase effective and evidence-based nutrition inter- ventions based on country-specific contexts; ‘‘(3) improve coordination and structure of supply chains for nutrition interventions; ‘‘(4) expand domestic resource mobilization and do- mestic financing for nutrition interventions; and ‘‘(5) seek to leverage additional resources and en- courage investment into innovative and multi-stake- holder finance partnerships to advance burden shar- ing in nutrition-related assistance. ‘‘(c) INTERAGENCY EFFORTS.—In carrying out sub- sections (a) and (b), the Administrator, in coordination with the heads of other relevant Federal departments and agencies, consistent with the Global Nutrition Co- ordination Plan, shall seek to leverage additional re- sources to prevent and treat malnutrition globally, in- cluding by— ‘‘(1) increasing cooperation among relevant Federal departments and agencies represented in the Global Nutrition Coordination Plan to better leverage grants, technical assistance, debt, equity, loan guar- anties, and public-private partnerships; and ‘‘(2) utilizing the Administrator’s role as a member of the Board of Directors of the United States Inter- national Development Finance Corporation to con- sider opportunities within the Corporation’s develop- ment impact framework that support improved nutri- tion outcomes. ‘‘SEC. 3. SELECTION OF PRIORITY COUNTRIES. ‘‘(a) IN GENERAL.—The Administrator, in coordina- tion with the Nutrition Leadership Council, shall select Page 2218 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9301 foreign countries as priority countries for purposes of targeting programs to prevent and treat malnutrition globally. ‘‘(b) CRITERIA.—The selection of priority countries under subsection (a) shall be based on the following: ‘‘(1) The prevalence of severe malnutrition among children under the age of 5 and pregnant and lac- tating women. ‘‘(2) The presence of high-need, underserved, marginalized, vulnerable, or impoverished commu- nities. ‘‘(3) The enabling environment for improved nutri- tion, including presence of national nutrition plans and demonstration of strong political commitment. ‘‘(4) Any other criteria that the Administrator de- termines to be appropriate. ‘‘(c) UPDATES.—The Administrator shall update the selection of priority countries under subsection (a) not later than 5 years after the date of the enactment of this Act [Oct. 19, 2022]. ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that the Administrator should continue to undertake nutrition interventions in countries not selected as pri- ority countries, particularly in contexts in which op- portunities are identified to advance multi-sectoral de- velopment programming and integrate efforts to pre- vent and treat global malnutrition with other priority areas and program objectives. ‘‘SEC. 4. NUTRITION LEADERSHIP COUNCIL. ‘‘(a) ESTABLISHMENT.—The Administrator is author- ized to establish in the United States Agency for Inter- national Development the Nutrition Leadership Coun- cil (in this section referred to as the ‘Council’), which shall coordinate Agency efforts to prevent and treat malnutrition globally. ‘‘(b) DUTIES.—The duties of the Council shall in- clude— ‘‘(1) advancing United States Agency for Inter- national Development efforts to prevent and treat malnutrition globally; ‘‘(2) ensuring nutrition interventions, particularly in priority countries, are carried out in close coordi- nation with other relevant United States Govern- ment strategies and policies and provisions of law, in- cluding— ‘‘(A) the Global Food Security Act of 2016 (22 U.S.C. 9301 et seq.); ‘‘(B) the Senator Paul Simon Water for the World Act of 2014 [Pub. L. 113–289] (22 U.S.C. 2151 note) [see Short Title of 2014 Amendment note set out under section 2151 of this title]; ‘‘(C) the Global Child Thrive Act of 2020 (subtitle I of title XII of division A of Public Law 116–283) [see Short Title of 2021 Amendment note set out under section 2151 of this title]; and ‘‘(D) the Global Fragility Act of 2019 (22 U.S.C. 9801 et seq.); and ‘‘(3) ensuring nutrition interventions are coordi- nated with nutrition programs carried out by other relevant Federal departments and agencies. ‘‘(c) MEMBERSHIP.—The Council shall include rep- resentatives of the following bureaus and independent offices of the United States Agency for International Development: ‘‘(1) The Bureau for Global Health. ‘‘(2) The Bureau for Resilience and Food Security. ‘‘(3) The Bureau for Humanitarian Assistance. ‘‘(4) Any other relevant bureau or independent of- fice that the Administrator determines to be appro- priate. ‘‘SEC. 5. IMPLEMENTATION PLAN. ‘‘(a) IN GENERAL.—Not later than 260 days after the date of the enactment of this Act [Oct. 19, 2022], the Ad- ministrator, in coordination with the heads of other relevant Federal departments and agencies, shall de- velop and submit to the appropriate congressional com- mittees an implementation plan for programs to pre- vent and treat malnutrition globally described in sec- tion 2. ‘‘(b) MATTERS TO BE INCLUDED.—The implementation plan required by subsection (a) shall include the fol- lowing: ‘‘(1) A description of specific and measurable goals, objectives, and performance metrics with respect to such programs, including clear benchmarks and in- tended timelines for achieving such goals and objec- tives. ‘‘(2) A description of monitoring and evaluation plans with respect to such programs, as appropriate. ‘‘(3) In priority countries, a description of efforts to ensure that nutrition is adequately addressed in the Country Development Cooperation Strategy to the extent practicable and identify opportunities to ex- pand efforts to prevent and treat malnutrition, in- cluding through leveraging existing health and devel- opment programs and other ongoing activities. ‘‘(c) CONSULTATION.—The implementation plan re- quired by subsection (a) shall be developed in consulta- tion with, as appropriate and to the extent possible, representatives of nongovernmental organizations, in- cluding faith-based organizations, civil society organi- zations, multilateral organizations and donors, rel- evant private, academic, and philanthropic entities, and the appropriate congressional committees. ‘‘SEC. 6. REPORT. ‘‘(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and annually there- after for 5 years, the Administrator shall submit to the appropriate congressional committees a report that de- scribes progress made towards preventing and treating malnutrition globally. ‘‘(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following: ‘‘(1) A summary of progress made towards achieving the specific and measurable goals, objectives, and performance metrics towards ending global malnutri- tion. ‘‘(2) In priority countries— ‘‘(A) a detailed summary of nutrition programs and activities in the previous fiscal year, including a breakdown of the countries to which nutrition re- sources have been allocated and an estimated num- ber of people reached through nutrition interven- tions; and ‘‘(B) an [sic] description of the coordination of nu- trition programs with other health and develop- ment programs and priorities. ‘‘(3) A summary of efforts to expand research and innovation to development and scale up new tools to prevent and treat malnutrition globally. ‘‘(4) An assessment of the collaboration and coordi- nation of nutrition efforts of the United States Agen- cy for International Development with United Na- tions agencies, the World Bank, other donor govern- ments, host country governments, civil society, and the private sector, as appropriate. ‘‘(5) A description of other donor country and host country financial commitments and efforts to pre- vent and treat malnutrition. ‘‘(6) An identification of constraints on implemen- tation of programs and activities and lessons learned from programs and activities from the previous fiscal years. ‘‘(c) INCLUSION IN OTHER REPORTS.—The Adminis- trator may include the report required by subsection (a) as a component of other congressionally mandated reports provided to appropriate congressional commit- tees, as appropriate. ‘‘SEC. 7. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND ACCOUNTABILITY ACT OF 2016. [Amended provisions set out as a note under section 2394c of this title.] ‘‘SEC. 8. DEFINITIONS. ‘‘In this Act: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the United States Agen- cy for International Development. Page 2219 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9302 1 So in original. Probably should be followed by a comma. 2 So in original. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Rep- resentatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ‘‘(3) NUTRITION LEADERSHIP COUNCIL.—The term ‘Nu- trition Leadership Council’ means Nutrition Leader- ship Council established by section 4. ‘‘(4) PRIORITY COUNTRY.—The term ‘priority coun- try’ means a foreign country selected under section 3 for purposes of targeting programs to prevent and treat malnutrition globally. ‘‘SEC. 9. SUNSET. ‘‘The requirements of this Act and the amendments made by this Act shall terminate on the date that is 7 years after the date of the enactment of this Act [Oct. 19, 2022].’’ § 9302. Statement of policy objectives; sense of Congress (a) Statement of policy objectives It is in the national interest of the United States to promote global food security, resil- ience, and nutrition, consistent with national food security investment plans, which is rein- forced through comprehensive, multi-sectoral programs, activities, and initiatives that con- sider agriculture and food systems in their to- tality and that— (1) place food insecure countries on a path toward self-sufficiency, economic freedom, and security through the phasing, sequencing, and coordination of United States foreign assist- ance programs; (2) accelerate inclusive, agricultural-led eco- nomic growth that reduces global poverty, hunger, and malnutrition, particularly among women and children; (3) increase the productivity, incomes, and livelihoods of small-scale producers and artisanal fishing communities, especially women in these communities, by working across terrestrial and aquatic food systems and agricultural value chains, including by— (A) enhancing local capacity to manage agricultural resources and food systems ef- fectively and expanding producer access to, and participation in, local, regional, and international markets; (B) increasing the availability and afford- ability of high quality nutritious and safe foods and clean water; (C) creating entrepreneurship opportuni- ties and improving access to business devel- opment related to agriculture and food sys- tems, including among youth populations, linked to local, regional, and international markets; and (D) enabling partnerships to facilitate the development of and investment in new agri- cultural technologies to support more resil- ient and productive agricultural practices; (4) build resilience to agriculture and food systems shocks and stresses, including global food catastrophes in which conventional meth- ods of agriculture are unable to provide suffi- cient food and nutrition to sustain the global population, among vulnerable populations and households through inclusive growth, while re- ducing reliance upon emergency food and eco- nomic assistance; (5) create an enabling environment for agri- cultural growth and investment, including through the promotion of secure and trans- parent property rights; (6) improve the nutritional status of women, adolescent girls, and children, with a focus on reducing child stunting and incidence of wast- ing, including through the promotion of high- ly nutritious foods, diet diversification, large- scale food fortification, and nutritional behav- iors that improve maternal and child health and nutrition, especially during the first 1,000- day window until a child reaches 2 years of age; (7) demonstrably meet, align with and lever- age broader United States strategies and in- vestments in trade, economic growth, national security, combating fragility, resilience, science and technology, natural resource man- agement 1 agriculture research and extension, maternal and child health, nutrition,,2 includ- ing deworming, and water, sanitation, and hy- giene; (8) continue to strengthen partnerships be- tween United States-based universities, in- cluding land-grant colleges, and universities and institutions in target countries and com- munities that build agricultural capacity; and (9) ensure the effective use of United States taxpayer dollars to further these objectives. (b) Sense of Congress It is the sense of the Congress that the Presi- dent, in providing assistance to implement the Global Food Security Strategy, should— (1) coordinate, through a whole-of-govern- ment approach, the efforts of relevant Federal departments and agencies to implement the Global Food Security Strategy; (2) seek to fully utilize the unique capabili- ties of each relevant Federal department and agency while collaborating with and leveraging the contributions of other key stakeholders; and (3) utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners through the most appropriate procurement mechanisms, which may include grants, contracts, cooperative agreements, and other instruments as nec- essary and appropriate. (Pub. L. 114–195, § 3, July 20, 2016, 130 Stat. 676; Pub. L. 117–263, div. E, title LV, § 5588(b), Dec. 23, 2022, 136 Stat. 3375.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 5588(b)(1), in intro- ductory provisions, substituted ‘‘comprehensive, multi- sectoral programs, activities, and initiatives that con- sider agriculture and food systems in their totality and that’’ for ‘‘programs, activities, and initiatives that’’. Subsec. (a)(1). Pub. L. 117–263, § 5588(b)(2), substituted ‘‘, economic freedom, and security through the phas- ing, sequencing, and coordination’’ for ‘‘and economic freedom through the coordination’’.