US Codex
Pub. L.
Notes

Title III — Trade

113th Congress · Approved Feb 7, 2014 · 128 Stat. 649

TITLE III Trade

Subtitle A Food for Peace Act

SEC. 3001. General Authority.

Section 201 of the Food for Peace Act (7 U.S.C. 1721) is amended—
(1)
in the matter preceding paragraph (1), by inserting “ (to be implemented by the Administrator)” after “ under this title”; and
(2)
by striking paragraph (7) and the second sentence and inserting the following new paragraph:

“(7) build resilience to mitigate and prevent food crises and reduce the future need for emergency aid.”

SEC. 3002. Set-Aside for Support for Organizations Through Which Nonemergency Assistance Is Provided.

Section 202(e) of the Food for Peace Act (7 U.S.C. 1722(e)) is amended—
(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “ 13 percent” and inserting “ 20 percent”;
(B)
in subparagraph (A), by striking “ new” and inserting “ and enhancing”;
(C)
by striking subparagraph (B);
(D)
by redesignating subparagraph (C) as subparagraph (D); and
(E)
by inserting after subparagraph (A) the following new subparagraphs:

“(B) meeting specific administrative, management, personnel, transportation, storage, and distribution costs for carrying out programs in foreign countries under this title;

“(C) implementing income-generating, community development, health, nutrition, cooperative development, agricultural, and other developmental activities within 1 or more recipient countries or within 1 or more countries in the same region; and”

; and

(2)
by adding at the end the following new paragraph:

“(4) Investment authority.—An eligible organization that receives funds made available under paragraph (1) may invest the funds pending the eligible organization’s use of the funds. Any interest earned on such investment may be used for the purposes for which the assistance was provided to the eligible organization without further appropriation by Congress.”

SEC. 3003. 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 new paragraph:

“(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.”

; and

(2)
in paragraph (3), by striking “ fiscal years 2009 through 2011” and inserting “ fiscal years 2014 through 2018”.

SEC. 3004. 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. 3005. Food Aid Consultative Group.

(a)
Membership.— Section 205(b) of the Food for Peace Act (7 U.S.C. 1725(b)) is amended—
(1)
by striking “ and” at the end of paragraph (6);
(2)
by redesignating paragraph (7) as paragraph (8); and
(3)
by inserting after paragraph (6) the following new paragraph:

“(7) representatives from the United States agricultural processing sector involved in providing agricultural commodities for programs under this Act; and”

(b)
Consultation.— Section 205(d) of the Food for Peace Act (7 U.S.C. 1725(d)) is amended—
(1)
by striking the first sentence and inserting the following:

“(1) Consultation in advance of issuance of implementation regulations, handbooks, and guidelines.—Not later than 45 days before a proposed regulation, handbook, or guideline implementing this title, or a proposed significant revision to a regulation, handbook, or guideline implementing this title, becomes final, the Administrator shall provide the proposal to the Group for review and comment.”

; and

(2)
by adding at the end the following new paragraph:

“(2) Consultation regarding food aid quality efforts.—The Administrator shall seek input from and consult with the Group on the implementation of section 202(h).”

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

SEC. 3006. Oversight, Monitoring, and Evaluation.

(a)
Regulations and Guidance.— Section 207(c) of the Food for Peace Act (7 U.S.C. 1726a(c)) is amended—
(1)
in the subsection heading, by inserting “ and Guidance” after “ Regulations”;
(2)
in paragraph (1), by adding at the end the following new sentence: “ Not later than 270 days after the date of the enactment of the Agricultural Act of 2014, the Administrator shall issue all regulations and revisions to agency guidance necessary to implement the amendments made to this title by such Act.”; and
(3)
in paragraph (2), by inserting “ and guidance” after “ develop regulations”.
(b)
Funding.— Section 207(f) of the Food for Peace Act (7 U.S.C. 1726a(f)) is amended—
(1)
in paragraph (2)(F), by striking “ upgraded” and inserting “ maintenance of”;
(2)
by striking paragraphs (3) and (4); and
(3)
by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively; and
(4)
in paragraph (4) (as so redesignated)—
(A)
in subparagraph (A), by striking “ $22,000,000” and all that follows through the period at the end and inserting “ $17,000,000 of the funds made available under this title for each of fiscal years 2014 through 2018, except for paragraph (2)(F), for which not more than $500,000 shall be made available for each of the fiscal years 2014 through 2018.”; and
(B)
in subparagraph (B)(i), by striking “ 2012” and inserting “ 2018”.
(c)
Implementation Reports.— Not later than 270 days after the date of the enactment of this Act, the Administrator of the Agency for International Development shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Foreign Affairs of the House of Representatives a report describing—
(1)
the implementation of section 207(c) of the Food for Peace Act (7 U.S.C. 1726a(c));
(2)
the surveys, studies, monitoring, reporting, and audit requirements for programs conducted under title II of such Act (7 U.S.C. 1721 et seq.) by an eligible organization that is a nongovernmental organization (as such term is defined in section 402 of such Act (7 U.S.C. 1732)); and
(3)
the surveys, studies, monitoring, reporting, and audit requirements for such programs by an eligible organization that is an intergovernmental organization, such as the World Food Program or other multilateral organization.

SEC. 3007. 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 “ $8,000,000 for each of fiscal years 2001 through 2012” and inserting “ $10,000,000 for each of fiscal years 2014 through 2018”.

SEC. 3008. Impact on Local Farmers and Economy and Report on Use of Funds.

(a)
Impact on Local Farmers and Economy.— Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended by adding at the end the following new sentence: “ The Secretary or the Administrator, as appropriate, shall seek information, as part of the regular proposal and submission process, from implementing agencies on the potential costs and benefits to the local economy of sales of agricultural commodities within the recipient country.”.
(b)
Report on Use of Funds.— Section 403 of the Food for Peace Act (7 U.S.C. 1733) is amended by adding at the end the following new subsection:

“(m) Report on Use of Funds.—

“(1) Report required.—Not later than 180 days after the date of the enactment of the Agricultural Act of 2014, and annually thereafter, the Administrator shall submit to Congress a report that—

“(A) specifies the amount of funds (including funds for administrative costs, indirect cost recovery, internal transportation, storage, and handling, and associated distribution costs) provided to each eligible organization that received assistance under this Act in the previous fiscal year;

“(B) describes how those funds were used by the eligible organization;

“(C) describes the actual rate of return for each commodity made available under this Act, including—

“(i) factors that influenced the rate of return; and

“(ii) 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; and

“(D) for each instance in which a commodity was made available under this Act at a rate of return less than 70 percent, describes the reasons for the rate of return realized.

“(2) Rate of return described.—For purposes of applying paragraph (1)(C), the rate of return for a commodity shall be equal to the proportion that—

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

“(B) the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.”

SEC. 3009. Prepositioning of Agricultural Commodities.

Section 407(c)(4) of the Food for Peace Act (7 U.S.C. 1736a(c)(4)) is amended—
(1)
in subparagraph (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 2013 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 striking subparagraph (B) and inserting the following new subparagraph:

“(B) Additional prepositioning sites.—The Administrator may establish additional sites for prepositioning in foreign countries or change the location of current sites for prepositioning in foreign countries after conducting, and based on the results of, assessments of need, the availability of appropriate technology for long-term storage, feasibility, and cost.”

SEC. 3010. Annual Report Regarding Food Aid Programs and Activities.

Section 407(f)(1) of the Food for Peace Act (7 U.S.C. 1736a(f)(1)) is amended—
(1)
in the paragraph heading, by striking “ agricultural trade” and inserting “ food aid”;
(2)
in subparagraph (B)(ii), by inserting before the semicolon at the end the following: “ and the total number of beneficiaries of the project and the activities carried out through such project”; and
(3)
in subparagraph (B)(iii)—
(A)
in the matter preceding subclause (I), by inserting “ , and the total number of beneficiaries in,” after “ commodities made available to”;
(B)
by striking “ and” at the end of subclause (I);
(C)
by inserting “ and” at the end of subclause (II); and
(D)
by inserting after subclause (II) the following new subclause:

“(III) the McGovern-Dole International Food for Education and Child Nutrition Program established by section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1);”

SEC. 3011. 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. 3012. Minimum Level of Nonemergency Food Assistance.

Subsection (e) of section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended to read as follows:

“(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 $350,000,000 for any fiscal year.”

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.

(a)
Funding and Reauthorization of Program.— Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended—
(1)
in subsection (d), in the matter preceding paragraph (1), by striking “ 2012” and inserting “ 2013, and not less than the greater of $15,000,000 or 0.6 percent of the amounts made available for each of fiscal years 2014 through 2018,”; and
(2)
in subsection (e)(1), by striking “ 2012” and inserting “ 2018”.
(b)
Comptroller General Report.— Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains—
(1)
a review of the John Ogonowski and Doug Bereuter Farmer-to-Farmer Program authorized by section 501 of the Food for Peace Act (7 U.S.C. 1737); and
(2)
recommendations relating to actions that the Comptroller General determines to be necessary to improve the monitoring and evaluation of assistance provided under such program.

SEC. 3015. 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).

Subtitle B Agricultural Trade Act of 1978

SEC. 3101. Export Credit Guarantee Program.

(a)
Short-Term Credit Guarantees.— Section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended—
(1)
in subsection (a), by striking “ 3-year” and inserting “ 24-month”;
(2)
in subsection (d), by striking “ country” and inserting “ obligor”;
(3)
by striking subsection (i);
(4)
by redesignating subsections (j) and (k) as subsections (i) and (j), respectfully; and
(5)
in subsection (j)(2) (as so redesignated)—
(A)
by striking subparagraphs (A) and (B);
(B)
by redesignating subparagraphs (C) through (E) as subparagraphs (A) through (C), respectfully;
(C)
in subparagraph (B) (as so redesignated), by striking “ and” at the end;
(D)
in subparagraph (C) (as so redesignated)—
(i)
by striking “ , but do not exceed,”; and
(ii)
by striking the period at the end and inserting “ ; and”; and
(E)
by adding at the end the following new subparagraph:

“(D) notwithstanding any other provision of this section, administer and carry out (only after consulting with the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate) the program pursuant to such terms as may be agreed between the parties to address the World Trade Organization dispute WTO/DS267 to the extent not superseded by any applicable international undertakings on officially supported export credits to which the United States is a party.”

(b)
Funding.— Subsection (b) of section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as follows:

“(b) Export Credit Guarantee Program.—The Commodity Credit Corporation shall make available for each fiscal year $5,500,000,000 of credit guarantees under section 202(a).”

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”.

Subtitle 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).

SEC. 3202. Bill Emerson Humanitarian Trust Act.

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.”

(c)
U.S. Atlantic Spiny Dogfish Study.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall conduct an economic study on the existing market in the United States for U.S. Atlantic Spiny Dogfish.

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 new subsection:

“(e) Funding.—

“(1) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $80,000,000 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. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.

(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)
Proposal.—
(1)
In general.— The Secretary, in consultation with the agriculture committees and subcommittees, shall propose a reorganization of international trade functions for imports and exports of the Department of Agriculture.
(2)
Considerations.— In producing the proposal under this section, the Secretary shall—
(A)
in recognition of the importance of agricultural exports to the farm economy and the economy as a whole, include a plan for the establishment of an Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs;
(B)
take into consideration how the Under Secretary described in subparagraph (A) 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
(C)
take into consideration all implications of a reorganization described in paragraph (1) on domestic programs and operations of the Department of Agriculture.
(3)
Report.— Not later than 180 days after the date of enactment of this Act and before the reorganization described in paragraph (1) can take effect, the Secretary shall submit to the agriculture committees and subcommittees a report that—
(A)
includes the results of the proposal under this section; and
(B)
provides a notice of the reorganization plan.
(4)
Implementation.— Not later than 1 year after the date of the submission of the report under paragraph (3), the Secretary shall implement a reorganization of international trade functions for imports and exports of the Department of Agriculture, including the establishment of an Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.
(c)
Confirmation Required.— The position of Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs established under subsection (b)(2)(A) shall be appointed by the President, by and with the advice and consent of the Senate.