7 U.S.C. § 1725 — Food Aid Consultative Group

Page 979 TITLE 7—AGRICULTURE § 1725 § 1725. Food Aid Consultative Group (a) Establishment There is established a Food Aid Consultative Group (hereinafter referred to in this section as the ‘‘Group’’) that shall meet regularly to re- view and address issues concerning the effective- ness of the regulations and procedures that gov- ern food assistance programs established and implemented under this subchapter, and the im- plementation of other provisions of this sub- chapter that may involve eligible organizations described in section 1722(d)(1) of this title. (b) Membership The Group shall be composed of— (1) the Administrator; (2) the Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs; (3) the Inspector General of the Agency for International Development; (4) a representative of each private vol- untary organization and cooperative partici- pating in a program under this subchapter, or receiving planning assistance funds from the Agency to establish programs under this sub- chapter; (5) representatives from African, Asian and Latin American indigenous non-governmental organizations determined appropriate by the Administrator; (6) representatives from agricultural pro- ducer groups in the United States; (7) representatives from the United States agricultural processing sector involved in pro- viding agricultural commodities for programs under this chapter; and (8) representatives from the maritime trans- portation sector involved in transporting agri- cultural commodities overseas for programs under this chapter. (c) Chairperson The Administrator shall be the chairperson of the Group. (d) Consultations (1) Consultation in advance of issuance of im- plementation regulations, handbooks, and guidelines Not later than 30 days before a proposed reg- ulation, handbook, or guideline implementing this subchapter, or a proposed significant revi- sion to a regulation, handbook, or guideline implementing this subchapter, becomes final, the Administrator shall provide the proposal to the Group for review and comment. The Ad- ministrator shall consult and, when appro- priate (but at least twice per year), meet with the Group regarding such proposed regula- tions, handbooks, guidelines, or revisions thereto prior to the issuance of such. (2) Consultation regarding food aid quality ef- forts The Administrator shall seek input from and consult with the Group on the implementation of section 1722(h) of this title. (e) Chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Group. (f) Termination The Group shall terminate on December 31, 2023. (July 10, 1954, ch. 469, title II, § 205, as added Pub. L. 89–808, § 2(C), Nov. 11, 1966, 80 Stat. 1535; amended Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3639; Pub. L. 104–127, title II, § 210, Apr. 4, 1996, 110 Stat. 955; Pub. L. 107–171, title III, § 3005, May 13, 2002, 116 Stat. 282; Pub. L. 110–246, title III, § 3011, June 18, 2008, 122 Stat. 1824; Pub. L. 113–79, title III, § 3005, Feb. 7, 2014, 128 Stat. 774; Pub. L. 115–334, title III, § 3105, title XII, § 12405(c), Dec. 20, 2018, 132 Stat. 4604, 4975; Pub. L. 117–286, § 4(a)(26), Dec. 27, 2022, 136 Stat. 4308.) Editorial Notes AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286, which directed amendment of ‘‘Section 205(e) of the Agricultural Trade Development and Assistance Act of 1954’’ by sub- stituting ‘‘Chapter 10 of title 5’’ for ‘‘Advisory Com- mittee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text, was executed to this section, which is section 205(e) of the Food for Peace Act, to reflect the probable intent of Congress. 2018—Subsec. (b)(2). Pub. L. 115–334, § 12405(c), sub- stituted ‘‘Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs’’ for ‘‘Under Secretary of Agriculture for Farm and Foreign Agricultural Serv- ices’’. Subsec. (d)(1). Pub. L. 115–334, § 3105(1), substituted ‘‘30 days’’ for ‘‘45 days’’. Subsec. (f). Pub. L. 115–334, § 3105(2), substituted ‘‘2023’’ for ‘‘2018’’. 2014—Subsec. (b)(7), (8). Pub. L. 113–79, § 3005(a), added par. (7) and redesignated former par. (7) as (8). Subsec. (d). Pub. L. 113–79, § 3005(b), designated exist- ing provisions as par. (1), substituted ‘‘Not later than 45 days before a proposed regulation, handbook, or guide- line implementing this subchapter, or a proposed sig- nificant revision to a regulation, handbook, or guide- line implementing this subchapter, becomes final, the Administrator shall provide the proposal to the Group for review and comment.’’ for ‘‘In preparing regula- tions, handbooks, or guidelines implementing this sub- chapter, or significant revisions thereto, the Adminis- trator shall provide such proposals to the Group for re- view and comment.’’, and added par. (2). Subsec. (f). Pub. L. 113–79, § 3005(c), substituted ‘‘2018’’ for ‘‘2012’’. 2008—Subsec. (b)(7). Pub. L. 110–246, § 3011(1), added par. (7). Subsec. (f). Pub. L. 110–246, § 3011(2), substituted ‘‘2012’’ for ‘‘2007’’. 2002—Subsec. (f). Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1996—Subsec. (a). Pub. L. 104–127, § 210(1), substituted ‘‘eligible organizations described in section 1722(d)(1) of this title’’ for ‘‘private voluntary organizations, co- operatives and indigenous non-governmental organiza- tions’’. Subsec. (b)(2). Pub. L. 104–127, § 210(2)(A), substituted ‘‘of Agriculture for Farm and Foreign Agricultural Services’’ for ‘‘for International Affairs and Com- modity Programs’’. Subsec. (b)(6). Pub. L. 104–127, § 210(2)(B)–(D), added par. (6). Subsec. (d). Pub. L. 104–127, § 210(3), inserted ‘‘(but at least twice per year)’’ after ‘‘when appropriate’’. Subsec. (f). Pub. L. 104–127, § 210(4), substituted ‘‘2002’’ for ‘‘1995’’. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions declaring sense of Congress that President should encourage ad- Page 980 TITLE 7—AGRICULTURE § 1726 vanced nations to increase contributions for combating hunger, particularly through expansion of inter- national food and agricultural assistance programs, and that United States should work for expansion of United Nations World food program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. 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 Section effective Jan. 1, 1967, see section 5 of Pub. L. 89–808, set out as an Effective Date of 1966 Amendment note under section 1691 of this title. § 1726. Repealed. Pub. L. 107–171, title III, § 3006, May 13, 2002, 116 Stat. 282 Section, act July 10, 1954, ch. 469, title II, § 206, as added Pub. L. 94–161, title II, § 209, Dec. 20, 1975, 89 Stat. 854; amended Pub. L. 95–88, title II, § 210, Aug. 3, 1977, 91 Stat. 548; Pub. L. 96–53, title II, § 203, Aug. 14, 1979, 93 Stat. 368; Pub. L. 99–198, title XI, § 1112(a)(2), Dec. 23, 1985, 99 Stat. 1478; Pub. L. 100–202, §§ 12, 13, Dec. 22, 1987, 101 Stat. 1329–448; Pub. L. 100–418, title IV, § 4610(d), Aug. 23, 1988, 102 Stat. 1411; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3640, related to maximum level of expenditures. § 1726a. Administration (a) Proposals (1) Recipient countries A proposal to enter into a nonemergency food assistance agreement under this sub- chapter shall identify the recipient country or countries that are the subject of the agree- ment. (2) Timing Not later than 120 days after the date of re- ceipt by the Administrator of a proposal sub- mitted by an eligible organization under this subchapter, the Administrator shall determine whether to accept the proposal. (3) Denial If a proposal under paragraph (1) is denied, the response shall specify the reasons for de- nial. (b) Notice and comment 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 pro- posed guideline or annual policy guidance, and that such guideline or annual policy guidance is available for review and comment, to eligi- ble 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 re- ferred to in paragraph (1); and (3) take any comments received into consid- eration prior to the issuance of the final guideline or annual policy guidance. (c) Regulations and guidance (1) In general 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 pro- gram established under this subchapter. Not later than 270 days after the date of the enact- ment of the Agriculture Improvement Act of 2018, the Administrator shall issue all regula- tions and revisions to agency guidance nec- essary to implement the amendments made to this subchapter by such Act. (2) Requirements The Administrator shall develop regulations and guidance with the intent of— (A) simplifying procedures for participa- tion 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 eli- gible organizations participating in the pro- grams established under this subchapter, taking into consideration the problems asso- ciated with carrying out programs in devel- oping countries; and (D) providing flexibility for carrying out programs under this subchapter. (d) Timely provision of commodities 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, ac- cording to planned delivery schedules. (e) Timely approval The Administrator is encouraged to finalize program agreements and resource requests for programs under this section before the begin- ning of each fiscal year. (f) Program oversight, monitoring, and evalua- tion (1) Duties of Administrator 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) Requirements of systems and activities The systems and activities described in paragraph (1) shall include— (A) program monitors in countries that re- ceive assistance under this subchapter; (B) country and regional food aid impact evaluations; (C) the identification and implementation of best practices for food aid programs;