Pub. L. 107-171, tit. III, subtit. B, sec. 3106

FOOD FOR PROGRESS.

EnactedYear: 2002Length: 1,574 wordsOfficial source
SEC. 3106. FOOD FOR PROGRESS. (a) In General.—Subsections (f)(3), (k), and (l)(1) of the Food for Progress Act of 1985 (7 U.S.C. 1736o) are each amended by striking “2002” and inserting “2007”. (b) Definitions; Program.— (1) In general.—The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking subsections (b) and (c) and inserting the following: “(b) Definitions.—In this section: “(1) Cooperative.—The term ‘cooperative’ has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). “(2) Corporation.—The term ‘Corporation’ means the Commodity Credit Corporation. “(3) Developing country.—The term ‘developing country’ has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). “(4) Eligible commodity.—The term ‘eligible commodity’ means an agricultural commodity, or a product of an agricultural commodity, in inventories of the Corporation or acquired by the President or the Corporation for disposition through commercial purchases under a program authorized under this section. “(5) Eligible entity.—The term ‘eligible entity’ means—116 STAT. 292 “(A) the government of an emerging agricultural country; “(B) an intergovernmental organization; “(C) a private voluntary organization; “(D) a nonprofit agricultural organization or cooperative; “(E) a nongovernmental organization; and “(F) any other private entity. “(6) Food security.—The term ‘food security’ means access by all people at all times to sufficient food and nutrition for a healthy and productive life. “(7) Nongovernmental organization.—The term ‘nongovernmental organization’ has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). “(8) Private voluntary organization.—The term ‘private voluntary organization’ has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). “(9) Program.—The term ‘program’ means a food assistance or development initiative proposed by an eligible entity and approved by the President under this section. “(c) Program.—In order to use the food resources of the United States more effectively in support of developing countries, and countries that are emerging democracies that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector involvement, the President may enter into agreements with eligible entities to furnish to the countries eligible commodities made available under subsections (e) and (f).”. (2) Conforming amendments.—The Food for Progress Act of 1985 (7 U.S.C. 136o) is amended— (A) in the first sentence of subsection (d), by striking “food”; (B) in subsection (1)(2), by striking “agricultural”; (C) in subsection (m)(l), by striking “these”; (D) in subsections (d), (e), (f), (h), (j), (l), and (m), by striking “commodities” each place it appears and inserting “eligible commodities”; (E) in subsections (e), (f), and (l), by striking “Commodity Credit Corporation” each place it appears and inserting “Corporation”; and (F) by striking subsection (o). (c) Consideration for Agreements.—Subsection (d) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(d)) is amended by striking “(d) In determining” and inserting “(d) Consideration for Agreements.—In determining”. (d) Funding of Eligible Commodities.—Subsection (e) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(e)) is amended— (1) by striking “(e)” and inserting “(e) Funding of Eligible Commodities.—”; (2) in paragraph (2), by inserting “, and subsection (g) does not apply to eligible commodities furnished on a grant basis or on credit terms under that title” before the period at the end; and (3) by adding at the end the following:116 STAT. 293 “(5) No effect on domestic programs.—The President shall not make an eligible commodity available for disposition under this section in any amount that will reduce the amount of the eligible commodity that is traditionally made available through donations to domestic feeding programs or agencies, as determined by the President.”. (e) Provision of Eligible Commodities to Developing Countries.—Subsection (f) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(f)) is amended— (1) by striking “(f)” and inserting “(f) Provision of Eligible Commodities to Developing Countries.—”; and (2) in paragraph (3), by striking “$30,000,000 (or in the case of fiscal year 1999, $35,000,000)” and inserting “$40,000,000”. (f) Minimum Tonnage.—The Food for Progress Act of 1985 is amended by striking subsection (g) (7 U.S.C. 1736o(g)) and inserting the following: “(g) Minimum Tonnage.—Subject to subsection (f)(3), not less than 400,000 metric tons of eligible commodities may be provided under this section for the program for each of fiscal years 2002 through 2007.”. (g) Prohibition on Resale or Transshipment of Eligible Commodities.—Subsection (h) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(h)) is amended by striking “(h) An agreement” and inserting “(h) Prohibition on Resale or Transshipment of Eligible Commodities.—An agreement”. (h) Displacement of United States Commercial Sales.—Subsection (i) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(i)) is amended by striking “(i) In entering” and inserting “(i) Displacement of United States Commercial Sales.—In entering”. (i) Multicountry or Multiyear Basis.—Subsection (j) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(j)) is amended— (1) by striking “(j) In carrying out this section, the President may,” and inserting the following: “(j) Multicountry or Multiyear Basis.— “(1) In general.—In carrying out this section, the President,”; (2) by striking “approve” and inserting “is encouraged to approve”; (3) by striking “multiyear” and inserting “multicountry or multiyear”; and (4) by adding at the end the following: “(2) Deadline for program announcements.—Before the beginning of any fiscal year, the President shall, to the maximum extent practicable— “(A) make all determinations concerning program agreements and resource requests for programs under this section; and “(B) announce those determinations. “(3) Report.—Not later than December 1 of each fiscal year, the President shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a list of programs, countries, and eligible commodities, and the total amount of funds for transportation and administrative costs, approved to date for the fiscal year under this section.”. 116 STAT. 294 (j) Effective and Termination Dates.—Subsection (k) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(k)) is amended by striking “(k) This section” and inserting “(k) Effective and Termination Dates.—This section”. (k) Administrative Expenses.—Subsection (l) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(l)) is amended— (1) by striking “(l)” and inserting “(l) Administrative Expenses.—”; (2) in paragraph (1), by striking “$10,000,000” and inserting “$15,000,000”; (3) in paragraph (3), by striking “local currencies” and inserting “proceeds”; and (4) by adding at the end the following: “(4) Humanitarian or development purposes.—The Secretary may authorize the use of proceeds to pay the costs incurred by an eligible entity under this section for— “(A)(i) programs targeted at hunger and malnutrition; or “(ii) development programs involving food security; “(B) transportation, storage, and distribution of eligible commodities provided under this section; and “(C) administration, sales, monitoring, and technical assistance.”. (l) Presidential Approval.—Subsection (m) of the Food for Progress Act of 1985 (7 U.S.C. 1736o(m)) is amended by striking “(m) In carrying” and inserting “(m) Presidential Approval.—In carrying”. (m) Program Management.—The Food for Progress Act of 1985 is amended by striking subsection (n) (7 U.S.C. 1736o(n)) and inserting the following: (n) Program Management.— “(1) In general.—The President shall ensure, to the maximum extent practicable, that each eligible entity participating in 1 or more programs under this section— “(A) uses eligible commodities made available under this section— “(i) in an effective manner; “(ii) in the areas of greatest need; and “(iii) in a manner that promotes the purposes of this section; “(B) in using eligible commodities, assesses and takes into account the needs of recipient countries and the target populations of the recipient countries; “(C) works with recipient countries, and indigenous institutions or groups in recipient countries, to design and carry out mutually acceptable programs authorized under this section; and “(D) monitors and reports on the distribution or sale of eligible commodities provided under this section using methods that, as determined by the President, facilitate accurate and timely reporting. “(2) Requirements.—.— “(A) In general.—Not later than 270 days after the date of enactment of this paragraph, the President shall review and, as necessary, make changes in regulations and internal procedures designed to streamline, improve, 116 STAT. 295 and clarify the application, approval, and implementation processes pertaining to agreements under this section. “(B) Considerations.—In conducting the review, the President shall consider— “(i) revising procedures for submitting proposals; “(ii) developing criteria for program approval that separately address the objectives of the program; “(iii) pre-screening organizations and proposals to ensure that the minimum qualifications are met; “(iv) implementing e-govemment initiatives and otherwise improving the efficiency of the proposal submission and approval processes; “(v) upgrading information management systems; “(vi) improving commodity and transportation procurement processes; and “(vii) ensuring that evaluation and monitoring methods are sufficient. “(C) Consultations.—Not later than 1 year after the date of enactment of this paragraph, the President shall consult with the Committee on Agriculture, and the Committee on International Relations, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on changes made in regulations and procedures. “(3) Reports.—Each eligible entity that enters into an agreement under this section shall submit to the President, at such time as the President may request, a report containing such information as the President may request relating to the use of eligible commodities and funds furnished to the eligible entity under this section.”.
Pub. L. 107-171, tit. III, subtit. B, sec. 3106: FOOD FOR PROGRESS. | Justis AI