§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, §207, as added Pub. L. 99–198, title XI, §1104(a), Dec. 23, 1985, 99 Stat. 1466 ; amended Pub. L. 100–202, §14, Dec. 22, 1987, 101 Stat. 1329–449 ; Pub. L. 101–624, title XV, §1512, Nov. 28, 1990, 104 Stat. 3640 ; Pub. L. 104–127, title II, §207(b), Apr. 4, 1996, 110 Stat. 954 ; Pub. L. 107–171, title III, §3007, May 13, 2002, 116 Stat. 282 .)

Amendments

2002-Subsec. (a). Pub. L. 107–171, §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, §3007(2), substituted "guideline or annual policy guidance" for "guideline" wherever appearing.

Subsec. (e). Pub. L. 107–171, §3007(3), added subsec. (e).

1996-Subsec. (a)(1)(A), (B). Pub. L. 104–127, §207(b)(1), substituted "an eligible organization" for "a private voluntary organization or cooperative".

Subsec. (b)(1). Pub. L. 104–127, §207(b)(2)(A), substituted "eligible organizations" for "private voluntary organizations and cooperatives".

Subsec. (b)(2). Pub. L. 104–127, §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, §14(1), inserted "or cooperative" after "agency".

Subsec. (b). Pub. L. 100–202, §14(2), substituted "10 percent" for "5 percent".

Subsec. (c). Pub. L. 100–202, §14(3), added subsec. (c).

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 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."