7 U.S.C. § 1727 — Bilateral grant program

Page 985 TITLE 7—AGRICULTURE § 1727 (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 sub- par. (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 con- taining 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).’’ 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 para- graph (1) until the date on which the Secretary promul- gates regulations or issues guidelines under subsection (d)(1)’’. Subsec. (e). Pub. L. 113–79, § 3207(6), added subsec. (e). Former subsec. (e) redesignated (d). Subsecs. (f), (g). Pub. L. 113–79, § 3207(3), struck out subsecs. (f) and (g) which related, respectively, to inde- pendent evaluations of field-based projects and report to Congress and to Commodity Credit Corporation funding and funding amounts for fiscal years 2009 through 2012. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as a note under section 8701 of this title. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of this title. SUBCHAPTER III–A—FOOD FOR DEVELOPMENT § 1727. Bilateral grant program (a) In general The President shall establish a program under which agricultural commodities are donated in accordance with this subchapter to least devel- oped countries. The revenue generated by the sale of such commodities in the recipient coun- try may be utilized for economic development activities. Such program shall be implemented by the Administrator. (b) General authority To carry out the policies and accomplish the objectives described in section 1691 of this title, the Administrator may negotiate and execute agreements with least developed countries to provide commodities to such countries on a grant basis. (July 10, 1954, ch. 469, title III, § 301, as added Pub. L. 95–88, title II, § 211(a)(2), Aug. 3, 1977, 91 Stat. 548; amended Pub. L. 96–53, title II, § 204(a), Aug. 14, 1979, 93 Stat. 369; Pub. L. 99–198, title XI, § 1112(a)(3), Dec. 23, 1985, 99 Stat. 1478; Pub. L. 100–576, § 4(a)(1), Oct. 31, 1988, 102 Stat. 2898; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3641.) Editorial Notes PRIOR PROVISIONS A prior section 301 of act July 10, 1954, ch. 469, title III, 68 Stat. 458, which amended section 1427 of this title, was renumbered section 308 by Pub. L. 95–88, title II, § 211(a)(1), Aug. 3, 1977, 91 Stat. 548. AMENDMENTS 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions outlining Congressional purpose with regard to Food for Develop- ment Program, establishment of program, goal of as- sistance under program, range of assistance and empha- sized activities, and use of funds for disaster assistance. 1988—Subsec. (c). Pub. L. 100–576 added subsec. (c). 1985—Subsec. (b). Pub. L. 99–198 inserted ‘‘(including immunization of children)’’ after ‘‘health services’’. 1979—Subsec. (a). Pub. L. 96–53 inserted ‘‘, or the dol- lar sales value of the commodities themselves,’’ after ‘‘the local sale of such commodities’’, and substituted ‘‘in the participating country of funds from the sale of such commodities or of the commodities themselves’’ for ‘‘of funds from the sale of such commodities in the participating country’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT 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. 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 Inter- course. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as an Effective Date of 1977 Amend- ment note under section 1702 of this title. AMENDMENT OF FOOD FOR DEVELOPMENT AGREEMENTS; DISASTER ASSISTANCE FOR BANGLADESH Pub. L. 100–576, § 4(a)(2), (3), Oct. 31, 1988, 102 Stat. 2898, provided that: ‘‘(2) Food for Development agreements entered into under title III of that Act [this subchapter] before the date of enactment of this Act [Oct. 31, 1988] may be amended in order to implement the amendment made by paragraph (1) [amending this section]. ‘‘(3) Pending amendment pursuant to paragraph (2) of Food for Development agreements with the Govern- ment of Bangladesh, the use of funds accruing under those agreements, with the approval of the United States Government, for flood-related disaster assist- ance authorized by the amendment made by paragraph (1) shall be deemed to be consistent with the applicable agreement.’’ INCREASED IMMUNIZATIONS OF CHILDREN; REPORTING REQUIREMENT Pub. L. 99–198, title XI, § 1112(b), Dec. 23, 1985, 99 Stat. 1478, as amended by Pub. L. 110–246, title III, § 3001(c), June 18, 2008, 122 Stat. 1821, provided that: ‘‘In the im- plementation of health programs undertaken in rela- tion to assistance provided under the Food for Peace Act [this chapter], it shall be the goal of the organiza- tions and agencies involved to provide as many addi- tional immunizations of children as possible. Such in- creased immunization activities should be taken in co- ordination with similar efforts of other organizations and in keeping with any national plans for expanded programs of immunization. The President shall include information concerning such immunization activities in the annual reports required by section 634 of the For- eign Assistance Act of 1961 [22 U.S.C. 2394], including a report on the estimated number of immunizations pro- vided each year pursuant to this subsection.’’ Page 986 TITLE 7—AGRICULTURE § 1727a Executive Documents IMPLEMENTATION OF PROGRAM Program under this subchapter to provide for dona- tion of agricultural commodities to least developed countries to be implemented by Administrator of the Agency for International Development, see Ex. Ord. No. 12752, § 1(c), Feb. 25, 1991, 56 F.R. 8255, set out as a note under section 1691 of this title. § 1727a. Eligible countries (a) Least developed countries A country shall be considered to be a least de- veloped country and eligible for the donation of agricultural commodities under this subchapter if— (1) such country meets the poverty criteria established by the International Bank for Re- construction and Development for Civil Works Preference for providing financial assistance; or (2) such country is a food deficit country and is characterized by high levels of malnutrition among significant numbers of its population, as determined by the Administrator under subsection (b). (b) Indicators of food deficit countries To make a finding under subsection (a)(2) that a country is a food deficit country and is charac- terized by high levels of malnutrition, the Ad- ministrator must determine that the country meets all of the following indicators of national food deficit and malnutrition: (1) Calorie consumption That the daily per capita calorie consump- tion of the country is less than 2300 calories. (2) Food security requirements That the country cannot meet its food secu- rity requirements through domestic produc- tion or imports due to a shortage of foreign exchange earnings. (3) Child mortality rate That the mortality rate of children under 5 years of age in the country is in excess of 100 per 1000 births. (c) Priority In determining whether and to what extent ag- ricultural commodities shall be made available to least developed countries under this sub- chapter, the Administrator shall give priority to countries that— (1) demonstrate the greatest need for food; (2) demonstrate the capacity to use food as- sistance effectively; (3) have demonstrated a commitment to policies to promote food security, including policies to reduce measurably hunger and mal- nutrition through efforts such as establishing and institutionalizing supplemental nutrition programs targeted to reach those who are nu- tritionally at risk; and (4) have a long-term plan for broad-based, equitable, and sustainable development. (July 10, 1954, ch. 469, title III, § 302, as added Pub. L. 95–88, title II, § 211(a)(2), Aug. 3, 1977, 91 Stat. 549; amended Pub. L. 96–53, title II, § 205, Aug. 14, 1979, 93 Stat. 369; Pub. L. 99–83, title X, § 1004(b), Aug. 8, 1985, 99 Stat. 271; Pub. L. 99–198, title XI, § 1108, Dec. 23, 1985, 99 Stat. 1467; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3642.) Editorial Notes PRIOR PROVISIONS A prior section 302 of act July 10, 1954, ch. 469, title III, 68 Stat. 458, which amended section 1431 of this title, was renumbered section 309 by Pub. L. 95–88, title II, § 211(a)(1), Aug. 3, 1977, 91 Stat. 548. AMENDMENTS 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions setting out criteria for eligibility of developing countries for dis- tribution of commodities, minimum aggregate value of agreements for such distribution, waiver of minimum, and participatory requirements. 1985—Subsec. (c)(1)(C). Pub. L. 99–198 substituted ‘‘10’’ for ‘‘15’’ percent. Subsec. (c)(4). Pub. L. 99–83 inserted ‘‘and of United States nonprofit voluntary agencies and cooperatives’’. 1979—Subsec. (c)(4). Pub. L. 96–53 added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT 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. 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 sec- tion 2151–1 of Title 22, Foreign Relations and Inter- course. 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 Inter- course. EFFECTIVE DATE Section effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as an Effective Date of 1977 Amend- ment note under section 1702 of this title. § 1727b. Grant programs To carry out the policies and accomplish the objectives described in section 1691 of this title, the Administrator may negotiate and execute agreements with least developed countries to provide commodities to such countries on a grant basis either through the Commodity Cred- it Corporation or through private trade chan- nels. (July 10, 1954, ch. 469, title III, § 303, as added Pub. L. 95–88, title II, § 211(a)(2), Aug. 3, 1977, 91 Stat. 550; amended Pub. L. 96–53, title II, § 204(c), Aug. 14, 1979, 93 Stat. 369; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3642.) Editorial Notes PRIOR PROVISIONS A prior section 303 of act July 10, 1954, ch. 469, title III, 68 Stat. 459, which enacted section 1692 of this title, was renumbered section 310 by Pub. L. 95–88, title II, § 211(a)(1), Aug. 3, 1977, 91 Stat. 548. AMENDMENTS 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to a