7 U.S. Code § -
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(a) Definition of agricultural commodity
In this section, the term “agricultural commodity” means an agricultural commodity, or a product of an agricultural commodity, that is produced in the United States.
Subject to subsection (l) of this section, the Secretary may establish a program, to be known as “McGovern-Dole International Food for Education and Child Nutrition Program”, requiring the procurement of agricultural commodities and the provision of financial and technical assistance to carry out—
(1) preschool and school food for education programs in foreign countries to improve food security, reduce the incidence of hunger, and improve literacy and primary education, particularly with respect to girls; and
(c) Eligible commodities and cost items
Notwithstanding any other provision of law—
(2) as necessary to achieve the purposes of this section, funds appropriated under this section may be used to pay—
(ii) the costs associated with packaging, enrichment, preservation, and fortification of agricultural commodities;
(iii) the processing, transportation, handling, and other incidental costs up to the time of the delivery of agricultural commodities free on board vessels in United States ports;
(iv) the vessel freight charges from United States ports or designated Canadian transshipment ports, as determined by the Secretary, to designated ports of entry abroad;
(v) the costs associated with transporting agricultural commodities from United States ports to designated points of entry abroad in the case—
(B) all or any part of the internal transportation, storage, and handling costs incurred in moving the eligible commodity, if the Secretary determines that—
(ii) the recipient country is a low income, net food-importing country that—
(I) meets the poverty criteria established by the International Bank for Reconstruction and Development for Civil Works Preference; and
(C) the costs of activities conducted in the recipient countries by a nonprofit voluntary organization, cooperative, or intergovernmental agency or organization that would enhance the effectiveness of the activities implemented by such entities under this section; and
(d) General authorities
The Secretary shall—
(2) ensure that the program established under this section is consistent with the foreign policy and development assistance objectives of the United States; and
(e) Eligible entities
Assistance may be provided under this section to private voluntary organizations, cooperatives, intergovernmental organizations, governments of developing countries and their agencies, and other organizations.
(1) In general
In carrying out subsection (b) of this section, the Secretary shall ensure that procedures are established that—
(A) provide for the submission of proposals by eligible entities, each of which may include 1 or more recipient countries, for commodities and other assistance under this section;
(C) ensure that eligible entities demonstrate the organizational capacity and the ability to develop, implement, monitor, report on, and provide accountability for activities conducted under this section;
(D) provide for the expedited development, review, and approval of proposals submitted in accordance with this section;
(E) ensure monitoring and reporting by eligible entities on the use of commodities and other assistance provided under this section; and
(2) Priorities for program funding
In carrying out paragraph (1) with respect to criteria for determining the use of commodities and other assistance provided for programs and activities authorized under this section, the Secretary may consider the ability of eligible entities to—
(A) identify and assess the needs of beneficiaries, especially malnourished or undernourished mothers and their children who are 5 years of age or younger, and school-age children who are malnourished, undernourished, or do not regularly attend school;
(i) in the case of preschool and school-age children, target low-income areas where children’s enrollment and attendance in school is low or girls’ enrollment and participation in preschool or school is low, and incorporate developmental objectives for improving literacy and primary education, particularly with respect to girls; and
(ii) in the case of programs to benefit mothers and children who are 5 years of age or younger, coordinate supplementary feeding and nutrition programs with existing or newly-established maternal, infant, and children programs that provide health-needs interventions, including maternal, prenatal, and postnatal and newborn care;
(C) involve indigenous institutions as well as local communities and governments in the development and implementation of the programs and activities to foster local capacity building and leadership; and
(g) Use of Food and Nutrition Service
The Food and Nutrition Service of the Department of Agriculture may provide technical advice on the establishment of programs under subsection (b)(1) of this section and on implementation of the programs in the field in recipient countries.
(h) Multilateral involvement
(1) In general
The Secretary is urged to engage existing international food aid coordinating mechanisms to ensure multilateral commitments to, and participation in, programs similar to programs supported under this section.
The Secretary shall annually submit to the Committee on International Relations and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the commitments and activities of governments, including the United States government, in the global effort to reduce child hunger and increase school attendance.
(i) Private sector involvement
The Secretary is urged to encourage the support and active involvement of the private sector, foundations, and other individuals and organizations in programs assisted under this section.
An agreement with an eligible organization under this section shall include provisions—
(A) sustain the benefits to the education, enrollment, and attendance of children in schools in the targeted communities when the provision of commodities and assistance to a recipient country under a program under this section terminates; and
(k) Requirement to safeguard local production and usual marketing
(1) Use of Commodity Credit Corporation funds
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $84,000,000 for fiscal year 2009, to remain available until expended.
(2) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2018.
Source(Pub. L. 107–171, title III, § 3107,May 13, 2002, 116 Stat. 295; Pub. L. 110–246, title III, §§ 3001(b)(1)(A), (2)(G), 3106,June 18, 2008, 122 Stat. 1820, 1833; Pub. L. 113–79, title III, § 3204,Feb. 7, 2014, 128 Stat. 780.)
Section was enacted as part of the Farm Security and Rural Investment Act of 2002, and not as part of the Food for Peace Act which comprises this chapter.
2014—Subsec. (d). Pub. L. 113–79, § 3204(b), struck out “to” after “shall” in introductory provisions.
Subsec. (l)(2). Pub. L. 113–79, § 3204(a), substituted “2018” for “2012”.
2008—Subsecs. (b), (c)(2)(B). Pub. L. 110–246, § 3106(1), substituted “Secretary” for “President” in introductory provisions.
Subsec. (d). Pub. L. 110–246, § 3106(2), substituted “The Secretary shall” for “The President shall designate 1 or more Federal agencies” in introductory provisions.
Subsec. (f)(1). Pub. L. 110–246, § 3106(1), substituted “Secretary” for “President” in introductory provisions.
Subsec. (f)(2). Pub. L. 110–246, § 3106(3), substituted “Secretary” for “implementing agency” in introductory provisions.
Subsecs. (h), (i). Pub. L. 110–246, § 3106(1), substituted “Secretary” for “President” wherever appearing.
Subsec. (k). Pub. L. 110–246, § 3001(b)(1)(A), (2)(G), made technical amendment to reference in original act which appears in text as reference to section 1733 (a) of this title.
Subsec. (l)(1). Pub. L. 110–246, § 3106(4)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Of the funds of the Commodity Credit Corporation, the Secretary shall use $100,000,000 for fiscal year 2003 to carry out this section.”
Pub. L. 110–246, § 3106(1), substituted “Secretary” for “President”.
Subsec. (l)(2). Pub. L. 110–246, § 3106(4)(B), substituted “2008 through 2012” for “2004 through 2007”.
Subsec. (l)(3). Pub. L. 110–246, § 3106(4)(C), substituted “the Department of Agriculture or any other Federal agency assisting” for “any Federal agency implementing or assisting”.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–246effective May 22, 2008, see section 4(b) ofPub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
Implementation of Section 3107 of the Farm Security and Rural Investment Act of 2002, Relating to Food for Education and Child Nutrition
Memorandum for the Secretary of Agriculture
Effective upon the publication of this memorandum in the Federal Register, there is established the program relating to food for education and child nutrition authorized by subsection 3107(b) of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171) (7 U.S.C. 17360–1 [1736o–1]). Pursuant to subsection 3107(d) of the Act, the Department of Agriculture is designated to take actions specified in that subsection. The authorities and duties of the President under section 3107 (except the authority to designate under 3107(d)) are delegated to the Secretary of Agriculture.
In the implementation of a program for which section 3107 provides, the Secretary of Agriculture shall consult as appropriate with the Food Policy Assistance Council established by section 3 of Executive Order 12752 of February 25, 1991, as amended [7 U.S.C. 1691 note], and such heads of Federal departments and agencies as the Secretary determines appropriate.
You are authorized and directed to publish this memorandum in the Federal Register.George W. Bush.
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