§ 1726a. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1726a]
TITLE 7--AGRICULTURE
CHAPTER 41--AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
SUBCHAPTER III--EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS
Sec. 1726a. Administration
(a) Proposals
(1) Recipient countries
A proposal to enter into a nonemergency food assistance
agreement under this subchapter shall identify the recipient country
or countries that are the subject of the agreement.
(2) Timing
Not later than 120 days after the date of receipt by the
Administrator of a proposal submitted 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 denial and the conditions that must be met
for the approval of such proposal.
(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 proposed guideline or
annual policy guidance, and that such guideline or annual policy
guidance is available for review and comment, to eligible
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 referred to in paragraph (1); and
(3) take any comments received into consideration prior to the
issuance of the final guideline or annual policy guidance.
(c) Regulations
(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 program established under
this subchapter.
(2) Requirements
The Administrator shall develop regulations with the intent of--
(A) simplifying procedures for participation 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 eligible organizations participating
in the programs established under this subchapter, taking into
consideration the problems associated with carrying out programs
in developing countries; and
(D) providing flexibility for carrying out programs under
this subchapter.
(3) Handbooks
Handbooks developed by the Administrator to assist in carrying
out the program under this subchapter shall be designed to foster
the development of programs under this subchapter by eligible
organizations.
(d) Deadline for submission of commodity orders
Not later than 15 days after receipt from a United States field
mission of a call forward for agricultural commodities for programs that
meet the requirements of this subchapter, the order for the purchase or
the supply, from inventory, of such commodities or products shall be
transmitted to the Commodity Credit Corporation.
(e) Timely approval
(1) In general
The Administrator is encouraged to finalize program agreements
and resource requests for programs under this section before the
beginning of each fiscal year.
(2) Report
Not later than December 1 of each year, the Administrator shall
submit to 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 a
report that contains--
(A) a list of programs, countries, and commodities approved
to date for assistance under this section; and
(B) a statement of the total amount of funds approved to
date for transportation and administrative costs under this
section.
(July 10, 1954, ch. 469, title II, Sec. 207, as added Pub. L. 99-198,
title XI, Sec. 1104(a), Dec. 23, 1985, 99 Stat. 1466; amended Pub. L.
100-202, Sec. 14, Dec. 22, 1987, 101 Stat. 1329-449; Pub. L. 101-624,
title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3640; Pub. L. 104-127,
title II, Sec. 207(b), Apr. 4, 1996, 110 Stat. 954; Pub. L. 107-171,
title III, Sec. 3007, May 13, 2002, 116 Stat. 282.)
Amendments
2002--Subsec. (a). Pub. L. 107-171, Sec. 3007(1), added pars. (1)
and (2), redesignated former par. (2) as (3), and struck out heading and
text of former par. (1). Text read as follows: ``Not later than 45 days
after the receipt by the Administrator of a proposal submitted--
``(A) by an eligible organization, with the concurrence of the
appropriate United States field mission, for commodities; or
``(B) by a United States field mission to make commodities
available to an eligible organization;
under this subchapter, the Administrator shall make a decision
concerning such proposal.''
Subsec. (b). Pub. L. 107-171, Sec. 3007(2), substituted ``guideline
or annual policy guidance'' for ``guideline'' wherever appearing.
Subsec. (e). Pub. L. 107-171, Sec. 3007(3), added subsec. (e).
1996--Subsec. (a)(1)(A), (B). Pub. L. 104-127, Sec. 207(b)(1),
substituted ``an eligible organization'' for ``a private voluntary
organization or cooperative''.
Subsec. (b)(1). Pub. L. 104-127, Sec. 207(b)(2)(A), substituted
``eligible organizations'' for ``private voluntary organizations and
cooperatives''.
Subsec. (b)(2). Pub. L. 104-127, Sec. 207(b)(2)(B), substituted
``eligible organizations'' for ``organizations, cooperatives,''.
1990--Pub. L. 101-624 amended section generally, substituting
present provisions for provisions relating to requests by nonprofit
voluntary agency or cooperative for nonemergency food assistance
agreements, and uses of foreign currency proceeds.
1987--Subsec. (a). Pub. L. 100-202, Sec. 14(1), inserted ``or
cooperative'' after ``agency''.
Subsec. (b). Pub. L. 100-202, Sec. 14(2), substituted ``10 percent''
for ``5 percent''.
Subsec. (c). Pub. L. 100-202, Sec. 14(3), added subsec. (c).
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 1104(b) of Pub. L. 99-198 provided that: ``Section 207 of
the Agricultural Trade Development and Assistance Act of 1954 (as added
by subsection (a)) [this section] shall apply with respect to agreements
entered into after December 31, 1985.''
Section Referred to in Other Sections
This section is referred to in section 1722 of this title.
