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Title III — Trade

S. 10 · 113th Congress · Jan 22, 2013 · Lineage

III Trade

A Food for Peace Act

Sec. 3001 Set-aside for support for organizations through which nonemergency assistance is provided

Effective October 1, 2013, section 202(e)(1) of the Food for Peace Act (7 U.S.C. 1722(e)(1)) is amended—
(1)
in the matter preceding subparagraph (A), by striking “13 percent” and inserting “15 percent”; and
(2)
in subparagraph (A), by striking “new” and inserting “and enhancing”.

Sec. 3002 Food aid quality

Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is amended—
(1)
by striking paragraph (1) and inserting the following:

“(1) In general—The Administrator shall use funds made available for fiscal year 2014 and subsequent fiscal years to carry out this title—

“(A) to assess the types and quality of agricultural commodities and products donated for food aid;

“(B) to adjust products and formulations, including potential introduction of new fortificants and products, as necessary to cost-effectively meet nutrient needs of target populations;

“(C) to test prototypes;

“(D) to adopt new specifications or improve existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners;

“(E) to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners;

“(F) to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and

“(G) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children under the age of 5.”

(2)
in paragraph (3), by striking “2011” and inserting “2018”.

Sec. 3003 Minimum levels of assistance

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended—
(1)
in paragraph (1), by striking “2012” and inserting “2018”; and
(2)
in paragraph (2), by striking “2012” and inserting “2018”.

Sec. 3004 Reauthorization of Food Aid Consultative Group

Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is amended by striking “2012” and inserting “2018”.

Sec. 3005 Oversight, monitoring, and evaluation of Food for Peace Act programs

Section 207(f) of the Food for Peace Act (7 U.S.C. 1726a(f)) is amended—
(1)
by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and
(2)
in subparagraph (A) of paragraph (5) (as so redesignated)—
(A)
by striking “2012” and inserting “2018”; and
(B)
by striking “during fiscal year 2009” and inserting “during the period of fiscal years 2014 through 2018”.

Sec. 3006 Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods

Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is amended by striking “2012” and inserting “2018”.

Sec. 3007 Limitation on total volume of commodities monetized

Section 403 of the Food for Peace Act (7 U.S.C. 1733) is amended by adding at the end the following:

“(m) Limitation on monetization of commodities

“(1) Limitation

“(A) In general—Unless the Administrator grants a waiver under paragraph (2), no commodity may be made available under this Act unless the rate of return for the commodity (as determined under subparagraph (B)) is at least 70 percent.

“(B) Rate of return—For purposes of subparagraph (A), the rate of return shall be equal to the proportion that—

“(i) the proceeds the implementing partners generate through monetization; bears to

“(ii) the cost to the Federal Government to procure and ship the commodities to a recipient country for monetization.

“(2) Waiver authority—The Administrator may waive the application of the limitation in paragraph (1) with regard to a commodity for a recipient country if the Administrator determines that it is necessary to achieve the purposes of this Act in the recipient country.

“(3) Report—Not later than 90 days after a waiver is granted under paragraph (2), the Administrator shall prepare, publish in the Federal Register, and submit to the Committees on Foreign Affairs, Agriculture, and Appropriations of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and Agriculture, Nutrition, and Forestry of the Senate a report that—

“(A) contains the reasons for granting the waiver and the actual rate of return for the commodity; and

“(B) includes for the commodity the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Administrator determines to be necessary.”

Sec. 3008 Flexibility

Section 406 of the Food for Peace Act (7 U.S.C. 1736) is amended—
(1)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(2)
by inserting after subsection (b) the following:

“(c) Flexibility—Notwithstanding any other provision of law and as necessary to achieve the purposes of this Act, funds available under this Act may be used to pay the costs of up to 20 percent of activities conducted in recipient countries by nonprofit voluntary organizations, cooperatives, or intergovernmental agencies or organizations.”

Sec. 3009 Procurement, transportation, testing, and storage of agricultural commodities for prepositioning in the United States and foreign countries

Section 407 of the Food for Peace Act (7 U.S.C. 1736a) is amended—
(1)
in subparagraph (c)(4)(A)—
(A)
by striking “2012” and inserting “2018”; and
(B)
by striking “for each such fiscal year not more than $10,000,000 of such funds” and inserting “for each of fiscal years 2001 through 2012 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2018 not more than $15,000,000 of such funds”; and
(2)
by adding at the end the following:

“(g) Funding for testing of food aid shipments—Funds made available for agricultural products acquired under this Act and section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) may be used to pay for the testing of those agricultural products.”

Sec. 3010 Deadline for agreements to finance sales or to provide other assistance

Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking “2012” and inserting “2018”.

Sec. 3011 Minimum level of nonemergency food assistance

Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended by striking subsection (e) and inserting the following:

“(e) Minimum level of nonemergency food assistance

“(1) In general—Subject to paragraph (2), of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, not less than 20 nor more than 30 percent for each of fiscal years 2014 through 2018 shall be expended for nonemergency food assistance programs under title II.

“(2) Minimum level—The amount made available to carry out nonemergency food assistance programs under title II shall not be less than $275,000,000 for any fiscal year.”

Sec. 3012 Coordination of foreign assistance programs report

Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is amended—
(1)
by striking “(a) In general.—To the maximum” and inserting “To the maximum”; and
(2)
by striking subsection (b).

Sec. 3013 Micronutrient fortification programs

(a)
Elimination of obsolete reference to study— Section 415(a)(2)(B) of the Food for Peace Act (7 U.S.C. 1736g–2(a)(2)(B)) is amended by striking “, using recommendations” and all that follows through “quality enhancements”.
(b)
Extension— Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking “2012” and inserting “2018”.

Sec. 3014 John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended—
(1)
in subsection (d)—
(A)
by striking “0.5 percent” and inserting “0.6 percent”; and
(B)
by striking “2012” and inserting “2018”; and
(2)
in subsection (e)(1), by striking “2012” and inserting “2018”.

Sec. 3015 Prohibition on assistance for North Korea

(a)
In general— No amounts may be obligated or expended to provide assistance under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) to the Democratic People’s Republic of Korea.
(b)
National interest waiver— The President may waive subsection (a) if the President determines and certifies to the Committees on Agriculture, Nutrition, and Forestry and Foreign Relations of the Senate and the Committees on Agriculture and Foreign Affairs of the House of Representatives that the waiver is in the national interest of the United States.

B Agricultural Trade Act of 1978

Sec. 3101 Export credit guarantee programs

Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (b) and inserting the following:

“(b) Export credit guarantee programs—The Commodity Credit Corporation shall make available for each of fiscal years 2014 through 2018 credit guarantees under section 202(a) in an amount equal to not more than $4,500,000,000 in credit guarantees.”

Sec. 3102 Funding for market access program

Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking “2012” and inserting “2018”.

Sec. 3103 Foreign market development cooperator program

Section 703(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5723(a)) is amended by striking “2012” and inserting “2018”.

C Other Agricultural Trade Laws

Sec. 3201 Food for Progress Act of 1985

(a)
Extension— The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended—
(1)
in subsection (f)(3), by striking “2012” and inserting “2018”;
(2)
in subsection (g), by striking “2012” and inserting “2018”;
(3)
in subsection (k), by striking “2012” and inserting “2018”; and
(4)
in subsection (l)(1), by striking “2012” and inserting “2018”.
(b)
Repeal of completed project— Subsection (f) of the Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended by striking paragraph (6).
(c)
Flexibility— The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended in subsection (l) by adding at the end the following:

“(5) Flexibility—Notwithstanding any other provision of law and as necessary to achieve the purposes of this Act, funds available under this Act may be used to pay the costs of up to 20 percent of activities conducted in recipient countries by nonprofit voluntary organizations, cooperatives, or intergovernmental agencies or organizations.”

(d)
Limitation on total volume of commodities monetized— The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended by adding at the end the following:

“(p) Limitation on monetization of commodities

“(1) Limitation

“(A) In general—Unless the Secretary grants a waiver under paragraph (2), no eligible commodity may be made available under this section unless the rate of return for the eligible commodity (as determined under subparagraph (B)) is at least 70 percent.

“(B) Rate of return—For purposes of subparagraph (A), the rate of return shall be equal to the proportion that—

“(i) the proceeds the implementing partners generate through monetization; bears to

“(ii) the cost to the Federal Government to procure and ship the eligible commodities to a recipient country for monetization.

“(2) Waiver authority—The Secretary may waive the application of the limitation in paragraph (1) with regard to an eligible commodity for a recipient country if the Secretary determines that it is necessary to achieve the purposes of this Act in the recipient country.

“(3) Report—Not later than 90 days after a waiver is granted under paragraph (2), the Secretary shall prepare, publish in the Federal Register, and submit to the Committees on Foreign Affairs, Agriculture, and Appropriations of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and Agriculture, Nutrition, and Forestry of the Senate a report that—

“(A) contains the reasons for granting the waiver and the actual rate of return for the eligible commodity; and

“(B) includes for the commodity the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Secretary determines to be necessary.”

Sec. 3202 Bill Emerson Humanitarian Trust

Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—
(1)
in subsection (b)(2)(B)(i), by striking “2012” both places it appears and inserting “2018”; and
(2)
in subsection (h), by striking “2012” both places it appears and inserting “2018”.

Sec. 3203 Promotion of agricultural exports to emerging markets

(a)
Direct credits or export credit guarantees— Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622 note) is amended by striking “2012” and inserting “2018”.
(b)
Development of agricultural systems— Section 1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622 note) is amended by striking “2012” and inserting “2018”.

Sec. 3204 McGovern-Dole International Food for Education and Child Nutrition Program

(a)
Reauthorization— Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(l)(2)) is amended by striking “2012” and inserting “2018”.
(b)
Technical correction— Section 3107(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1(d)) is amended by striking “to” in the matter preceding paragraph (1).

Sec. 3205 Technical assistance for specialty crops

(a)
Purpose— Section 3205(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680(b)) is amended by striking “related barriers to trade” and inserting “technical barriers to trade”.
(b)
Funding— Section 3205(e)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680(e)(2)) is amended—
(1)
by inserting “and” at the end of subparagraph (C); and
(2)
by striking subparagraphs (D) and (E) and inserting the following new subparagraph:

“(D) $9,000,000 for each of fiscal years 2011 through 2018.”

Sec. 3206 Global Crop Diversity Trust

Section 3202(c) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 22 U.S.C. 2220a note) is amended by striking “2008 through 2012” and inserting “2014 through 2018”.

Sec. 3207 Local and regional food aid procurement projects

Section 3206 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c) is amended—
(1)
in subsection (b)—
(A)
by striking “(b) Study; field-Based projects.—” and all that follows through “(2) Field-based projects.—” and inserting the following:

“(b) Field-Based projects”

(B)
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately;
(C)
in paragraph (1) (as so redesignated), by striking “subparagraph (B)” and inserting “paragraph (2)”; and
(D)
in paragraph (2) (as so redesignated), by striking “subparagraph (A)” and inserting “paragraph (1)”;
(2)
in subsection (c)(1), by striking “subsection (b)(2)” and inserting “subsection (b)”;
(3)
by striking subsections (d), (f), and (g);
(4)
by redesignating subsection (e) as subsection (d);
(5)
in subsection (d) (as so redesignated)—
(A)
in paragraph (2)—
(i)
by striking subparagraph (B); and
(ii)
in subparagraph (A)—
(I)
by striking “(A) Application.—” and all that follows through “To be eligible” in clause (i) and inserting the following:

“(A) In general—To be eligible”

(II)
by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and
(III)
in subparagraph (B) (as so redesignated), by striking “clause (i)” and inserting “subparagraph (A)”; and
(B)
by striking paragraph (4); and
(6)
by adding at the end the following:

“(e) Funding

“(1) Authorization of appropriations—There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2014 through 2018.

“(2) Preference—In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1).

“(3) Reporting—Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including—

“(A) the impact of procurements and projects on—

“(i) local and regional agricultural producers; and

“(ii) markets and consumers, including low-income consumers; and

“(B) implementation time frames and costs.”

Sec. 3208 Donald Payne Horn of Africa food resilience program

(a)
Definitions— In this section:
(1)
Administrator— The term Administrator means the Administrator of the Agency for International Development.
(2)
Appropriate committees of Congress— The term appropriate committees of Congress means—
(A)
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(B)
the Committee on Agriculture of the House of Representatives;
(C)
the Committee on Foreign Relations of the Senate; and
(D)
the Committee on Foreign Affairs of the House of Representatives.
(3)
Eligible organization— The term eligible organization means an organization that is—
(A)
a private voluntary organization or cooperative that is, to the extent practicable, registered with the Administrator; or
(B)
an intergovernmental organization, such as the World Food Program.
(4)
Horn of Africa— The term Horn of Africa means the countries of—
(A)
Ethiopia;
(B)
Somalia;
(C)
Kenya;
(D)
Djibouti;
(E)
Eritrea;
(F)
South Sudan;
(G)
Uganda; and
(H)
such other countries as the Administrator determines to be appropriate after providing notification to the appropriate committees of Congress.
(5)
Resilience— The term resilience means—
(A)
the capacity to mitigate the negative impacts of crises (including natural disasters, conflicts, and economic shocks) in order to reduce loss of life and depletion of productive assets;
(B)
the capacity to respond effectively to crises, ensuring basic needs are met in a way that is integrated with long-term development efforts; and
(C)
the capacity to recover and rebuild after crises so that future shocks can be absorbed with less need for ongoing external assistance.
(b)
Purpose— The purpose of this section is to establish a pilot program to effectively integrate all United States-funded emergency and long-term development activities that aim to improve food security in the Horn of Africa, building resilience so as—
(1)
to reduce the impacts of future crises;
(2)
to enhance local capacity for emergency response;
(3)
to enhance sustainability of long-term development programs targeting poor and vulnerable households; and
(4)
to reduce the need for repeated costly emergency operations.
(c)
Study—
(1)
In general— Not later than 30 days after the date of enactment of this Act, the Administrator shall initiate a study of prior programs to support resilience in the Horn of Africa conducted by—
(A)
other donor countries;
(B)
private voluntary organizations;
(C)
the World Food Program of the United Nations; and
(D)
multilateral institutions, including the World Bank.
(2)
Requirements— The study shall—
(A)
include all programs implemented through the Agency for International Development, the Department of Agriculture, the Department of the Treasury, the Millennium Challenge Corporation, the Peace Corps, and other relevant Federal agencies;
(B)
evaluate how well the programs described in subparagraph (A) work together to complement each other and leverage impacts across programs;
(C)
include recommendations for how full integration of efforts can be achieved; and
(D)
evaluate the degree to which country-led development plans support programs that increase resilience, including review of the investments by each country in nutrition and safety nets.
(3)
Report— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study.
(d)
Field-Based project grants or cooperative agreements—
(1)
In general— The Administrator shall—
(A)
provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that build resilience in the Horn of Africa in accordance with this section; and
(B)
develop a project approval process to ensure full integration of efforts.
(2)
Requirements of eligible organizations—
(A)
Application— To be eligible to receive a grant from, or enter into a cooperative agreement with, the Administrator under this subsection, an eligible organization shall submit to the Administrator an application by such date, in such manner, and containing such information as the Administrator may require.
(B)
Completion requirement— To be eligible to receive a grant from, or enter into a cooperative agreement with, the Administrator under this subsection, an eligible organization shall agree—
(i)
to collect, not later than September 30, 2016, data containing the information required under subsection (f)(2) relating to the field-based project funded through the grant or cooperative agreement; and
(ii)
to provide to the Administrator the data collected under clause (i).
(3)
Requirements of Administrator—
(A)
Project diversity—
(i)
In general— Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Administrator shall select a diversity of projects, including projects located in—
(I)
areas most prone to repeated crises;
(II)
areas with effective existing resilience programs that can be scaled; and
(III)
areas in all countries of the Horn of Africa.
(ii)
Priority— In selecting proposals for field-based projects under clause (i), the Administrator shall ensure that the selected proposals are for field-based projects that—
(I)
effectively integrate emergency and long-term development programs to improve sustainability;
(II)
demonstrate the potential to reduce the need for future emergency assistance; and
(III)
build targeted productive safety nets, in coordination with host country governments, through food for work, cash for work, and other proven program methodologies.
(B)
Availability— The Administrator shall not award a grant or cooperative agreement or approve a field-based project under this subsection until the date on which the Administrator promulgates regulations or issues guidelines under subsection (e).
(e)
Regulations; Guidelines—
(1)
In general— Not later than 180 days after the date of completion of the study under subsection (c), the Administrator shall promulgate regulations or issue guidelines to carry out field-based projects under this section.
(2)
Requirements— In promulgating regulations or issuing guidelines under paragraph (1), the Administrator shall—
(A)
take into consideration the results of the study described in subsection (c); and
(B)
provide an opportunity for public review and comment.
(f)
Report—
(1)
In general— Not later than November 1, 2016, the Administrator shall submit to the appropriate committees of Congress a report that—
(A)
addresses each factor described in paragraph (2); and
(B)
is conducted in accordance with this section.
(2)
Required factors— The report shall include baseline and end-of-project data that measures—
(A)
the prevalence of moderate and severe hunger so as to provide an accurate accounting of project impact on household access to and consumption of food during every month of the year prior to data collection;
(B)
household ownership of and access to productive assets, including at a minimum land, livestock, homes, equipment, and other materials assets needed for income generation;
(C)
household incomes, including informal sources of employment; and
(D)
the productive assets of women using the Women’s Empowerment in Agriculture Index.
(3)
Public access to records and reports— Not later than 90 days after the date on which the report is submitted under paragraph (1), the Administrator shall provide public access to the report.
(g)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018.

Sec. 3209 Agricultural trade enhancement study

(a)
Definition of agriculture committees and subcommittees— In this section, the term agriculture committees and subcommittees means—
(1)
the Committee on Agriculture of the House of Representatives;
(2)
the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(3)
the subcommittees on agriculture, rural development, food and drug administration, and related agencies of the Committees on Appropriations of the House of Representatives and the Senate.
(b)
Development— The Secretary, in consultation with the agriculture committees and subcommittees, shall develop a study that takes into consideration a reorganization of international trade functions for imports and exports at the Department of Agriculture.
(c)
Implementation— In implementing the study under this section, the Secretary—
(1)
in recognition of the importance of agricultural exports to the farm economy and the economy as a whole, may include a recommendation for the establishment of an Under Secretary for Trade and Foreign Agricultural Affairs;
(2)
may take into consideration how the Under Secretary described in paragraph (1) would serve as a multiagency coordinator of sanitary and phytosanitary issues and nontariff trade barriers in agriculture with respect to imports and exports of agricultural products; and
(3)
shall take into consideration all implications of a reorganization described in subsection (b) on domestic programs and operations of the Department of Agriculture.
(d)
Report— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the agriculture committees and subcommittees a report describing the results of the study under this section.