22 U.S.C. § 9304 — Comprehensive Global Food Security

Page 2221 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9304 (B) manifests in children who are younger than 2 years of age; (C) is a process that can continue in chil- dren after they reach 2 years of age, result- ing in an individual being ‘‘stunted’’; (D) is a marker of an environment defi- cient in the various needs that allow for a child’s healthy growth, including nutrition; and (E) is associated with long-term poor health, delayed motor development, im- paired cognitive function, and decreased im- munity. (12) Sustainable The term ‘‘sustainable’’ means the ability of a target country, community, implementing partner, or intended beneficiary to maintain, over time, the programs authorized and out- comes achieved pursuant to this chapter. (13) Target country The term ‘‘target country’’ means a devel- oping country that is selected to participate in food and nutrition security and agriculture- led economic growth programs under the Glob- al Food Security Strategy pursuant to the se- lection criteria described in section 9304(a)(2) of this title, including criteria such as the po- tential for agriculture-led economic growth, government commitment to agricultural in- vestment and policy reform, opportunities for partnerships and regional synergies, the level of need, and resource availability. (14) Wasting The term ‘‘wasting’’ means— (A) a life-threatening condition attrib- utable to poor nutrient intake or disease that is characterized by a rapid deteriora- tion in nutritional status over a short period of time; and (B) in the case of children, is characterized by low weight for height and weakened im- munity, increasing their risk of death due to greater frequency and severity of common infection, particularly when severe. (Pub. L. 114–195, § 4, July 20, 2016, 130 Stat. 676; Pub. L. 115–254, div. F, title VI, § 1470(s), Oct. 5, 2018, 132 Stat. 3519; Pub. L. 117–263, div. E, title LV, § 5588(c), Dec. 23, 2022, 136 Stat. 3376.) Editorial Notes AMENDMENTS 2022—Par. (2). Pub. L. 117–263, § 5588(c)(1), inserted ‘‘, including in response to shocks and stresses to food and nutrition security’’ before period at end. Pars. (4) to (6). Pub. L. 117–263, § 5588(c)(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Former par. (6) redesignated (7). Par. (6)(H). Pub. L. 117–263, § 5588(c)(4), amended sub- par. (H) generally. Prior to amendment, subpar. (H) read as follows: ‘‘agricultural producers, including farmer organizations, cooperatives, small-scale pro- ducers, and women; and’’. Par. (7). Pub. L. 117–263, § 5588(c)(2), redesignated par. (6) as (7). Former par. (7) redesignated (8). Par. (8). Pub. L. 117–263, § 5588(c)(5), which directed amendment of ‘‘paragraph (7), as redesignated’’ by in- serting ‘‘the Inter-American Foundation,’’ after ‘‘United States African Development Foundation,’’ was executed by making the amendment in par. (8), as re- designated, to reflect the probable intent of Congress. Par. (7), as redesignated by Pub. L. 117–263, § 5588(c)(2), does not contain the words ‘‘United States African De- velopment Foundation,’’. Pub. L. 117–263, § 5588(c)(2), redesignated par. (7) as (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 117–263, § 5588(c)(2), (6), redesignated par. (8) as (9) and inserted ‘‘agriculture and food’’ be- fore ‘‘systems’’ and ‘‘, including global food catas- trophes,’’ after ‘‘food security’’. Former par. (9) redesig- nated (10). Par. (10). Pub. L. 117–263, § 5588(c)(2), (7), redesignated par. (9) as (10) and substituted ‘‘artisanal fishing com- munities’’ for ‘‘fishers’’. Former par. (10) redesignated (11). Par. (11). Pub. L. 117–263, § 5588(c)(2), redesignated par. (10) as (11). Former par. (11) redesignated (12). Par. (11)(D), (E). Pub. L. 117–263, § 5588(c)(8), amended subpars. (D) and (E) generally. Prior to amendment, subpars. (D) and (E) read as follows: ‘‘(D) is a sign of chronic malnutrition; and ‘‘(E) can lead to long-term poor health, delayed motor development, impaired cognitive function, and decreased immunity.’’ Par. (12). Pub. L. 117–263, § 5588(c)(2), redesignated par. (11) as (12). Former par. (12) redesignated (13). Par. (13). Pub. L. 117–263, § 5588(c)(2), (9), redesignated par. (12) as (13) and substituted ‘‘food and nutrition se- curity and agriculture-led economic growth’’ for ‘‘agri- culture and nutrition security’’. Par. (14). Pub. L. 117–263, § 5588(c)(10), added par. (14). 2018—Par. (7). Pub. L. 115–254 substituted ‘‘United States International Development Finance Corpora- tion’’ for ‘‘Overseas Private Investment Corporation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress. § 9304. Comprehensive Global Food Security Strategy (a) Strategy The President shall coordinate the develop- ment and implementation of a United States whole-of-government strategy to accomplish the policy objectives set forth in section 9302(a) of this title, which shall— (1) set specific and measurable goals, bench- marks, timetables, performance metrics, and monitoring and evaluation plans that reflect international best practices relating to trans- parency, accountability, food and nutrition se- curity, and agriculture-led economic growth, consistent with the policy objectives described in section 9302(a) of this title; (2) establish clear and transparent selection criteria for target countries, communities, re- gions, and intended beneficiaries of assistance; (3) describe the methodology and criteria for the selection of target countries; (4) support and be aligned with partner coun- try-led agriculture, nutrition, regulatory, food security, and water resources management policy and investment plans and governance systems developed with input from key stake- holders, as appropriate; (5) support the locally-led and inclusive de- velopment of agriculture and food systems, in- cluding by enhancing the extent to which small-scale food producers, especially women, have access to and control over the inputs, Page 2222 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9304 skills, resource management capacity, net- working, bargaining power, financing, market linkages, technology, and information needed to sustainably increase productivity and in- comes, reduce poverty and malnutrition, and promote long-term economic prosperity; (6) support improvement of the nutritional status of women, adolescent girls, and chil- dren, particularly during the critical first 1,000-day window until a child reaches 2 years of age and with a focus on reducing child stunting and preventing incidence of wasting, through nutrition-specific and nutrition-sen- sitive programs, including related water, sani- tation, and hygiene programs; (7) facilitate communication and collabora- tion, as appropriate, among local stakeholders in support of a multi-sectoral approach to food and nutrition security, to include analysis of the multiple underlying causes of malnutri- tion, including poor water resource manage- ment and lack of access to safe drinking water, sanitation, and hygiene; (8) support long-term impact by building the capacity of local organizations and institu- tions, including agricultural research capac- ity, in target countries and communities; (9) coordinate with and complement relevant strategies to ensure that chronically vulner- able populations are better able to adapt, build safety nets, secure livelihoods, access markets, and access opportunities for longer- term economic growth; (10) develop community and producer resil- ience and adaptation strategies to disasters, emergencies, and other shocks and stresses to food and nutrition security, including con- flicts, droughts, flooding, pests, and diseases, that adversely impact agricultural yield and livelihoods; (11) harness science, technology, and innova- tion, including the research and extension ac- tivities supported by the private sector, rel- evant Federal departments and agencies, Feed the Future Innovation Labs or any successor entities, and international and local research- ers and innovators, recognizing that signifi- cant investments in research and techno- logical advances will be necessary to reduce global poverty, hunger, and malnutrition; (12) use evidenced-based best practices, in- cluding scientific and forecasting data, and improved planning and coordination by, with, and among key partners and relevant Federal departments and agencies to identify, analyze, measure, and mitigate risks, and strengthen resilience capacities; (13) ensure scientific and forecasting data is accessible and usable by affected communities and facilitate communication and collabora- tion among local stakeholders in support of adaptation planning and implementation, in- cluding scenario planning and preparedness using seasonal forecasting and scientific and local knowledge; (14) integrate agricultural development ac- tivities among food insecure populations liv- ing in proximity to designated national parks or wildlife areas into wildlife conservation ef- forts, as necessary and appropriate; (15) leverage resources and expertise through partnerships with the private sector, farm or- ganizations, cooperatives, civil society, non- governmental organizations, including faith- based organizations, and agricultural research and academic institutions; (16) strengthen and expand collaboration and coordination, as appropriate, between United States universities, including public, private, and land-grant universities, with higher edu- cation institutions in target countries to in- crease their effectiveness and relevance to pro- mote agricultural development and innovation through the creation of human capital, inno- vation, and cutting edge science in the agri- cultural sector; (17) seek to ensure that target countries and communities respect and promote land tenure rights of local communities, particularly those of women and small-scale producers; (18) include criteria and methodologies for graduating target countries and communities from assistance provided to implement the Global Food Security Strategy as such coun- tries and communities meet the progress benchmarks identified pursuant to section 9307(a)(4) of this title; (19) improve the efficiency and resilience of agricultural production, including manage- ment of crops, rangelands, pastures, livestock, fisheries, and aquacultures; (20) ensure investments in food and nutrition security consider and integrate best practices in the management and governance of natural resources and conservation, especially among food insecure populations living in or near bio- diverse ecosystems; (21) be periodically updated in a manner that reflects learning and best practices; and (22) demonstrably support the United States national security and economic interest in the countries where assistance is being provided. (b) Coordination The President shall coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the Global Food Security Strategy by— (1) establishing monitoring and evaluation systems, coherence, and coordination across relevant Federal departments and agencies; (2) establishing linkages with other initia- tives and strategies of relevant Federal de- partments and agencies; and (3) establishing platforms for regular con- sultation and collaboration with key stake- holders and the appropriate congressional committees. (c) Strategy submission (1) In general Not later than October 1, 2016, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees the Global Food Security Strategy required under this section, including a detailed de- scription of how the United States intends to advance the objectives set forth in section 9302(a) of this title and the agency-specific plans described in paragraph (2). (2) Agency-specific plans The Global Food Security Strategy shall in- clude specific implementation plans from each Page 2223 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9305 relevant Federal department and agency that describes— (A) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to im- plement the Global Food Security Strategy; and (B) the efforts of the department or agency to ensure that the activities and programs carried out pursuant to the strategy are de- signed to achieve maximum impact and long-term sustainability. (d) Periodic updates Not less frequently than quinquennially through fiscal year 2030, the President, in con- sultation with the head of each relevant Federal department and agency, shall submit to the ap- propriate congressional committees updates to the Global Food Security Strategy required under subsection (a) and the agency-specific plans described in subsection (c)(2). (Pub. L. 114–195, § 5, July 20, 2016, 130 Stat. 678; Pub. L. 117–263, div. E, title LV, § 5588(d), (e), Dec. 23, 2022, 136 Stat. 3377, 3378.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(4). Pub. L. 117–263, § 5588(d)(1), sub- stituted ‘‘partner country-led agriculture, nutrition, regulatory, food security, and water resources manage- ment policy and investment plans and governance sys- tems’’ for ‘‘country-owned agriculture, nutrition, and food security policy and investment plans’’. Subsec. (a)(5). Pub. L. 117–263, § 5588(d)(2), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘support inclusive agricultural value chain de- velopment, with small-scale producers, especially women, gaining greater access to the inputs, skills, re- source management capacity, networking, bargaining power, financing, and market linkages needed to sus- tain their long-term economic prosperity;’’. Subsec. (a)(6). Pub. L. 117–263, § 5588(d)(3), inserted ‘‘, adolescent girls,’’ after ‘‘women’’ and ‘‘and pre- venting incidence of wasting’’ after ‘‘reducing child stunting’’. Subsec. (a)(7). Pub. L. 117–263, § 5588(d)(4), inserted ‘‘poor water resource management and’’ after ‘‘includ- ing’’. Subsec. (a)(8). Pub. L. 117–263, § 5588(d)(5), substituted ‘‘long-term impact’’ for ‘‘the long-term success of pro- grams’’ and inserted ‘‘, including agricultural research capacity,’’ after ‘‘institutions’’. Subsec. (a)(9). Pub. L. 117–263, § 5588(d)(6), substituted ‘‘coordinate with and complement relevant strategies to ensure that chronically vulnerable populations are better able to adapt,’’ for ‘‘integrate resilience and nu- trition strategies into food security programs, such that chronically vulnerable populations are better able to’’. Subsec. (a)(10), (11). Pub. L. 117–263, § 5588(d)(9), added pars. (10) and (11) and struck out former pars. (10) and (11) which read as follows: ‘‘(10) develop community and producer resilience to natural disasters, emergencies, and natural occur- rences that adversely impact agricultural yield; ‘‘(11) harness science, technology, and innovation, in- cluding the research and extension activities supported by relevant Federal Departments and agencies and Feed the Future Innovation Labs, or any successor en- tities;’’. Subsec. (a)(12), (13). Pub. L. 117–263, § 5588(d)(9), added pars. (12) and (13). Former pars. (12) and (13) redesig- nated (14) and (15), respectively. Subsec. (a)(14). Pub. L. 117–263, § 5588(d)(8), redesig- nated par. (12) as (14). Former par. (14) redesignated (16). Subsec. (a)(15). Pub. L. 117–263, § 5588(d)(8), (10), redes- ignated par. (13) as (15) and inserted ‘‘nongovernmental organizations, including’’ after ‘‘civil society,’’. Former par. (15) redesignated (17). Subsec. (a)(16). Pub. L. 117–263, § 5588(d)(8), (11), redes- ignated par. (14) as (16) and inserted ‘‘and coordination, as appropriate,’’ after ‘‘collaboration’’. Former par. (16) redesignated (18). Subsec. (a)(17). Pub. L. 117–263, § 5588(d)(8), redesig- nated par. (15) as (17). Former par. (17) redesignated (22). Subsec. (a)(18). Pub. L. 117–263, § 5588(d)(8), (12), redes- ignated par. (16) as (18) and substituted ‘‘section 9307(a)(4) of this title;’’ for ‘‘section 9307(b)(4) of this title; and’’. Subsec. (a)(19) to (21). Pub. L. 117–263, § 5588(d)(13), added pars. (19) to (21). Subsec. (a)(22). Pub. L. 117–263, § 5588(d)(7), redesig- nated par. (17) as (22). Subsec. (d). Pub. L. 117–263, § 5588(e), added subsec. (d). Executive Documents DELEGATION OF AUTHORITY PURSUANT TO SECTIONS 5, 6(a) AND 6(c), AND 8(a) OF THE GLOBAL FOOD SECURITY ACT OF 2016 Memorandum of President of the United States, Sept. 30, 2016, 81 F.R. 76483, provided: Memorandum for the Secretary of State [and] the Ad- ministrator of the United States Agency for Inter- national Development By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: I hereby delegate to the Administrator of the United States Agency for International Development the func- tions and authorities vested in the President by sec- tions 5, 6(c), and 8(a) of the Global Food Security Act of 2016 (the ‘‘Act’’). I hereby delegate to the Secretary of State and the Administrator of the United States Agency for Inter- national Development the functions and authorities vested in the President by section 6(a) of the Act. These functions shall be exercised consistent with the Secretary of State’s responsibility for the continuous supervision and general direction of assistance pro- grams under section 2382 of title 22, United States Code, and lead role in coordinating U.S. assistance under sec- tion 6593 of title 22, United States Code. Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provisions. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 9305. Assistance to implement the Global Food Security Strategy (a) Food shortages The President is authorized to carry out ac- tivities pursuant to section 103, section 103A, title XII of chapter 2 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 2151a–1, 2220a et seq., and 2346 et seq.) to prevent or address food shortages not- withstanding any other provision of law. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of State and the Administrator of the United States Agency for International Develop- ment $1,200,000,000 for each of the fiscal years 2024 through 2028 to carry out those portions of the Global Food Security Strategy that relate to the Department of State and the United