{"identifier":"/us/usc/t7/s1726c","title":7,"num":"\u00a7\u202f1726c.","heading":"Local and regional food aid procurement projects","text":"\u00a7\u202f1726c.\nLocal and regional food aid procurement projects\n(a)\nDefinitions\nIn this section:\n(1)\nAdministrator\nThe term \u201cAdministrator\u201d means the Administrator of the Agency for International Development.\n(2)\nAppropriate committee of Congress\nThe term \u201cappropriate committee of Congress\u201d means\u2014\n(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;\n(B) the Committee on Agriculture of the House of Representatives; and\n(C) the Committee on Foreign Affairs of the House of Representatives.\n(3)\nEligible commodity\nThe term \u201celigible commodity\u201d means an agricultural commodity (or the product of an agricultural commodity) that\u2014\n(A) is produced in, and procured from, a developing country; and\n(B) at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary.\n(4)\nEligible organization\nThe term \u201celigible organization\u201d means an organization that is\u2014\n(A) described in\nsection 1722(d) of this title\n(B) with respect to nongovernmental organizations, subject to regulations promulgated or guidelines issued to carry out this section, including United States audit requirements that are applicable to nongovernmental organizations.\n(b)\nField-based projects\n(1)\nIn general\nIn accordance with paragraph (2), the Secretary shall provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that consist of local or regional procurements of eligible commodities to respond to food crises and disasters in accordance with this section.\n(2)\nConsultation with Administrator\nIn carrying out the development and implementation of field-based projects under paragraph (1), the Secretary shall consult with the Administrator.\n(c)\nProcurement\n(1)\nIn general\nAny eligible commodity that is procured for a field-based project carried out under subsection (b) shall be procured through any approach or methodology that the Secretary considers to be an effective approach or methodology to provide adequate information regarding the manner by which to expedite, to the maximum extent practicable, the provision of food aid to affected populations without significantly increasing commodity costs for low-income consumers who procure commodities sourced from the same markets at which the eligible commodity is procured.\n(2)\nRequirements\n(A)\nImpact on local farmers and countries\nThe Secretary shall ensure that the local or regional procurement of any eligible commodity under this section will not have a disruptive impact on farmers located in, or the economy of\u2014\n(i) the recipient country of the eligible commodity; or\n(ii) any country in the region in which the eligible commodity may be procured.\n(B)\nTransshipment\nThe Secretary shall, in accordance with such terms and conditions as the Secretary considers to be appropriate, require from each eligible organization commitments designed to prevent or restrict\u2014\n(i) the resale or transshipment of any eligible commodity procured under this section to any country other than the recipient country; and\n(ii) the use of the eligible commodity for any purpose other than food aid.\n(C)\nWorld prices\n(i)\nIn general\nIn carrying out this section, the Secretary shall take any precaution that the Secretary considers to be reasonable to ensure that the procurement of eligible commodities will not unduly disrupt\u2014\n(I) world prices for agricultural commodities; or\n(II) normal patterns of commercial trade with foreign countries.\n(ii)\nProcurement price\nThe procurement of any eligible commodity shall be made at a reasonable market price with respect to the economy of the country in which the eligible commodity is procured, as determined by the Secretary.\n(d)\nField-based project grants or cooperative agreements\n(1)\nIn general\nThe Secretary shall award grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects.\n(2)\nRequirements of eligible organizations\n(A)\nIn general\nTo be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall submit to the Secretary an application by such date, in such manner, and containing such information as the Secretary may require.\n(B)\nOther applicable requirements\nAny other applicable requirement relating to the submission of proposals for consideration shall apply to the submission of an application required under subparagraph (A), as determined by the Secretary.\n(3)\nRequirements of Secretary\n(A)\nProject diversity\n(i)\nIn general\nSubject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Secretary shall select a diversity of projects, including projects located in\u2014\n(I) food surplus regions;\n(II) food deficit regions (that are carried out using regional procurement methods); and\n(III) multiple geographical regions.\n(ii)\nPriority\nIn selecting proposals for field-based projects under clause (i), the Secretary shall ensure that the majority of selected proposals are for field-based projects that\u2014\n(I) are located in Africa; and\n(II) procure eligible commodities that are produced in Africa.\n(B)\nDevelopment assistance\nA portion of the funds provided under this subsection shall be made available for field-based projects that provide development assistance for a period of not less than 1 year.\n(e)\nFunding\n(1)\nAuthorization of appropriations\nThere is authorized to be appropriated to the Secretary to carry out this section $80,000,000 for each of fiscal years 2019 through 2023.\n(2)\nPreference\nIn carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 1736\no\n(3)\nReporting\nEach year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including\u2014\n(A) the impact of procurements and projects on\u2014\n(i) local and regional agricultural producers; and\n(ii) markets and consumers, including low-income consumers; and\n(B) implementation time frames and costs.","url":"https://projectusc.org/usc/t7/s1726c.html","content":[{"t":"sec","id":"/us/usc/t7/s1726c","children":[{"t":"num","text":"\u00a7\u202f1726c."},{"t":"heading","text":"Local and regional food aid procurement projects"},{"t":"subsec","id":"/us/usc/t7/s1726c/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t7/s1726c/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Administrator"},{"t":"content","children":[{"t":"p","text":"The term \u201cAdministrator\u201d means the Administrator of the Agency for International Development.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Appropriate committee of Congress"},{"t":"chapeau","text":"The term \u201cappropriate committee of Congress\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Committee on Agriculture, Nutrition, and Forestry of the Senate;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Committee on Agriculture of the House of Representatives; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the Committee on Foreign Affairs of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Eligible commodity"},{"t":"chapeau","text":"The term \u201celigible commodity\u201d means an agricultural commodity (or the product of an agricultural commodity) that\u2014"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is produced in, and procured from, a developing country; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible organization"},{"t":"chapeau","text":"The term \u201celigible organization\u201d means an organization that is\u2014"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" described in ","children":[{"t":"ref","text":"section 1722(d) of this title","href":"/us/usc/t7/s1722/d","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" with respect to nongovernmental organizations, subject to regulations promulgated or guidelines issued to carry out this section, including United States audit requirements that are applicable to nongovernmental organizations.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s1726c/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Field-based projects"},{"t":"para","id":"/us/usc/t7/s1726c/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In accordance with paragraph (2), the Secretary shall provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that consist of local or regional procurements of eligible commodities to respond to food crises and disasters in accordance with this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Consultation with Administrator"},{"t":"content","children":[{"t":"p","text":"In carrying out the development and implementation of field-based projects under paragraph (1), the Secretary shall consult with the Administrator.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s1726c/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Procurement"},{"t":"para","id":"/us/usc/t7/s1726c/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Any eligible commodity that is procured for a field-based project carried out under subsection (b) shall be procured through any approach or methodology that the Secretary considers to be an effective approach or methodology to provide adequate information regarding the manner by which to expedite, to the maximum extent practicable, the provision of food aid to affected populations without significantly increasing commodity costs for low-income consumers who procure commodities sourced from the same markets at which the eligible commodity is procured.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Requirements"},{"t":"subpara","id":"/us/usc/t7/s1726c/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Impact on local farmers and countries"},{"t":"chapeau","text":"The Secretary shall ensure that the local or regional procurement of any eligible commodity under this section will not have a disruptive impact on farmers located in, or the economy of\u2014"},{"t":"clause","id":"/us/usc/t7/s1726c/c/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the recipient country of the eligible commodity; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s1726c/c/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" any country in the region in which the eligible commodity may be procured.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Transshipment"},{"t":"chapeau","text":"The Secretary shall, in accordance with such terms and conditions as the Secretary considers to be appropriate, require from each eligible organization commitments designed to prevent or restrict\u2014"},{"t":"clause","id":"/us/usc/t7/s1726c/c/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the resale or transshipment of any eligible commodity procured under this section to any country other than the recipient country; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s1726c/c/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the use of the eligible commodity for any purpose other than food aid.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"World prices"},{"t":"clause","id":"/us/usc/t7/s1726c/c/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"In carrying out this section, the Secretary shall take any precaution that the Secretary considers to be reasonable to ensure that the procurement of eligible commodities will not unduly disrupt\u2014"},{"t":"subclause","id":"/us/usc/t7/s1726c/c/2/C/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" world prices for agricultural commodities; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s1726c/c/2/C/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" normal patterns of commercial trade with foreign countries.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s1726c/c/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Procurement price"},{"t":"content","children":[{"t":"p","text":"The procurement of any eligible commodity shall be made at a reasonable market price with respect to the economy of the country in which the eligible commodity is procured, as determined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s1726c/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Field-based project grants or cooperative agreements"},{"t":"para","id":"/us/usc/t7/s1726c/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall award grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Requirements of eligible organizations"},{"t":"subpara","id":"/us/usc/t7/s1726c/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"To be eligible to receive a grant from, or enter into a cooperative agreement with, the Secretary under this subsection, an eligible organization shall submit to the Secretary an application by such date, in such manner, and containing such information as the Secretary may require.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Other applicable requirements"},{"t":"content","children":[{"t":"p","text":"Any other applicable requirement relating to the submission of proposals for consideration shall apply to the submission of an application required under subparagraph (A), as determined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Requirements of Secretary"},{"t":"subpara","id":"/us/usc/t7/s1726c/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Project diversity"},{"t":"clause","id":"/us/usc/t7/s1726c/d/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Secretary shall select a diversity of projects, including projects located in\u2014"},{"t":"subclause","id":"/us/usc/t7/s1726c/d/3/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" food surplus regions;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s1726c/d/3/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" food deficit regions (that are carried out using regional procurement methods); and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s1726c/d/3/A/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" multiple geographical regions.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s1726c/d/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Priority"},{"t":"chapeau","text":"In selecting proposals for field-based projects under clause (i), the Secretary shall ensure that the majority of selected proposals are for field-based projects that\u2014"},{"t":"subclause","id":"/us/usc/t7/s1726c/d/3/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" are located in Africa; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s1726c/d/3/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" procure eligible commodities that are produced in Africa.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Development assistance"},{"t":"content","children":[{"t":"p","text":"A portion of the funds provided under this subsection shall be made available for field-based projects that provide development assistance for a period of not less than 1 year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s1726c/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Funding"},{"t":"para","id":"/us/usc/t7/s1726c/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Authorization of appropriations"},{"t":"content","children":[{"t":"p","text":"There is authorized to be appropriated to the Secretary to carry out this section $80,000,000 for each of fiscal years 2019 through 2023.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Preference"},{"t":"content","children":[{"t":"p","text":"In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 1736","children":[{"t":"text","text":"o","tail":"\u20131 of this title."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s1726c/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Reporting"},{"t":"chapeau","text":"Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including\u2014"},{"t":"subpara","id":"/us/usc/t7/s1726c/e/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" the impact of procurements and projects on\u2014"},{"t":"clause","id":"/us/usc/t7/s1726c/e/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" local and regional agricultural producers; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s1726c/e/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" markets and consumers, including low-income consumers; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s1726c/e/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" implementation time frames and costs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}