---
kind: "section"
citation: "7 C.F.R. § 1599.1"
title: "7"
number: "1599.1"
heading: "Purpose and applicability."
url: "https://uscodex.org/cfr/7/1599.1"
---

# §1599.1. Purpose and applicability.

- (a) This part sets forth the general terms and conditions governing the award of donated commodities and funds by the Foreign Agricultural Service (FAS) to recipients under the McGovern-Dole International Food for Education and Child Nutrition Program (McGovern-Dole Program). Under the McGovern-Dole Program, recipients use the donated commodities, proceeds from any sale of such commodities, FAS-provided funds, and program income to implement a project in a foreign country pursuant to an agreement with FAS. When authorized by an agreement, a recipient may use FAS-provided funds to make a local or regional procurement of qualified commodities to implement such a project.
- (b)
  - (1) The Office of Management and Budget (OMB) issued guidance on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in [2 CFR part 200](/cfr/2/part200.md). In [2 CFR 400.1](/cfr/2/400.1.md), the United States Department of Agriculture (USDA) adopted OMB's guidance in subparts [A](/cfr/7/subpartA.md) through [F](/cfr/7/subpartF.md) of [2 CFR part 200](/cfr/2/part200.md), as supplemented by [2 CFR part 400](/cfr/2/part400.md), as USDA policies and procedures for uniform administrative requirements, cost principles, and audit requirements for Federal awards.
  - (2) The OMB guidance at [2 CFR part 200](/cfr/2/part200.md), as supplemented by [2 CFR part 400](/cfr/2/part400.md) and this part, applies to the McGovern-Dole Program, except as provided in paragraphs [(e)](#e), [(f)](#f), and [(g)](#g) of this section.
- (c) Except as otherwise provided in this part, other regulations that are generally applicable to grants and cooperative agreements of USDA, including the applicable regulations set forth in 2 CFR chapters [I](/cfr/2/chI.md), [II](/cfr/2/chII.md), and IV, also apply to the McGovern-Dole Program.
- (d) In accordance with [7 U.S.C. 1736o-1(e)](/usc/7/1736o-1.md?p=e), assistance under the McGovern-Dole Program may be provided to private voluntary organizations, cooperatives, intergovernmental organizations, governments of developing countries and their agencies, and other organizations.
- (e) The OMB guidance at [2 CFR part 200](/cfr/2/part200.md), and the provisions of [2 CFR part 400](/cfr/2/part400.md) and of this part, do not apply to an award by FAS under the McGovern-Dole Program to a recipient that is a foreign public entity, as defined in [2 CFR 200.46](/cfr/2/200.46.md), and, therefore, they do not apply to a foreign government or its agency or an intergovernmental organization.
- (f)
  - (1) The OMB guidance at subparts [A](/cfr/7/subpartA.md) through [E](/cfr/7/subpartE.md) of [2 CFR part 200](/cfr/2/part200.md), as supplemented by [2 CFR part 400](/cfr/2/part400.md) and this part, applies to all awards by FAS under the McGovern-Dole Program to all recipients that are private voluntary organizations, including a private voluntary organization that is a foreign organization, as defined in [2 CFR 200.47](/cfr/2/200.47.md); cooperatives, including a cooperative that is a for-profit entity or a foreign organization; or other organizations, including organizations that are for-profit entities or foreign organizations, but not including intergovernmental organizations.
  - (2) The OMB guidance at subparts [A](/cfr/7/subpartA.md) through [E](/cfr/7/subpartE.md) of [2 CFR part 200](/cfr/2/part200.md), as supplemented by [2 CFR part 400](/cfr/2/part400.md) and this part, applies to all subawards to all subrecipients under this part, except in cases:
    - (i) Where the subrecipient is a foreign public entity; or
    - (ii) Where FAS determines that the application of the provisions in this part to a subaward to a subrecipient that is a foreign organization would be inconsistent with the international obligations of the United States or the statutes or regulations of a foreign government or would not be in the best interest of the United States.
- (g)
  - (1) The OMB guidance at [subpart F](/cfr/7/subpartF.md) of [2 CFR part 200](/cfr/2/part200.md), as supplemented by [2 CFR part 400](/cfr/2/part400.md) and this part, applies only to awards by FAS to recipients that are private voluntary organizations, cooperatives, or other organizations, but that are not for-profit entities or foreign organizations.
  - (2) The OMB guidance at [subpart F](/cfr/7/subpartF.md) of [2 CFR part 200](/cfr/2/part200.md), as supplemented by [2 CFR part 400](/cfr/2/part400.md) and this part, applies to subawards to subrecipients under this part, except where the subrecipient is a for-profit entity, foreign public entity, or foreign organization.
  - (3) Audit requirements for recipients and subrecipients that are for-profit entities or foreign organizations are set forth in [§ 1599.19](/cfr/7/1599.19.md).

## Notes

### Authority

Authority: 7 U.S.C. 1736o-1.

### Source

Source: 84 FR 64973, Nov. 26, 2019, unless otherwise noted.