US Codex
Pub. L.
Notes

Title III — Trade

115th Congress · Approved Dec 20, 2018 · 132 Stat. 4490

TITLE III Trade

Subtitle A Food for Peace Act

SEC. 3101. Labeling Requirements.

Section 202(g) of the Food for Peace Act (7 U.S.C. 1722(g)) is amended to read as follows:

“(g) Labeling of Assistance.—Agricultural commodities and other assistance provided under this title shall, to the extent practicable, be clearly identified with appropriate markings on the package or container of such agricultural commodities or food procured outside of the United States, or on printed material that accompanies other assistance, in the language of the locality in which such commodities and other assistance are distributed, as being furnished by the people of the United States of America.”

SEC. 3102. Food Aid Quality Assurance.

Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 3103. Local Sale and Barter of Commodities.

Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended—
(1)
in subsection (a), by inserting “ to generate proceeds to be used as provided in this section” before the period at the end;
(2)
by striking subsection (b); and
(3)
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

SEC. 3104. Minimum Levels of Assistance.

Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended in paragraphs (1) and (2) by striking “ 2018” both places it appears and inserting “ 2023”.

SEC. 3105. Food Aid Consultative Group.

Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended—
(1)
in subsection (d)(1), in the first sentence, by striking “ 45” and inserting “ 30”; and
(2)
in subsection (f), by striking “ 2018” and inserting “ 2023”.

SEC. 3106. Issuance of Regulations.

Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1)) is amended by striking “ the Agricultural Act of 2014”and inserting “ the Agriculture Improvement Act of 2018”.

SEC. 3107. Oversight, Monitoring, and Evaluation.

Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—
(1)
in subparagraph (A)—
(A)
by striking “ $17,000,000” and inserting “ 1.5 percent, but not less than $17,000,000,”; and
(B)
by striking “ 2018” each place it appears and inserting “ 2023”; and
(2)
in subparagraph (B)—
(A)
in clause (i), by striking “ 2018” and inserting “ 2023”; and
(B)
in clause (ii), by striking “ chapter 1 of part I of”.

SEC. 3108. Assistance for Stockpiling and Rapid Transportation, Delivery, and Distribution of Shelf-Stable Prepackaged Foods.

Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is amended—
(1)
by amending the section heading to read as follows: “ international food relief partnership.”; and
(2)
in subsection (f), by striking “ 2018” and inserting “ 2023”.

SEC. 3109. Consideration of Impact of Provision of Agricultural Commodities and Other Assistance on Local Farmers and Economy.

(a)
Inclusion of All Modalities.— Section 403(a) of the Food for Peace Act (7 U.S.C. 1733(a)) is amended—
(1)
in the matter preceding paragraph (1), by inserting “ , food procured outside of the United States, food voucher, or cash transfer for food” after “ agricultural commodity”;
(2)
in paragraph (1), by inserting “ in the case of the provision of an agricultural commodity,” before “ adequate”; and
(3)
in paragraph (2), by striking “ commodity” and inserting “ agricultural commodity or use of the food procured outside of the United States, food voucher, or cash transfer for food”.
(b)
Avoidance of Disruptive Impact.— Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended—
(1)
in the first sentence, by inserting “ , the use of food procured outside of the United States, food vouchers, and cash transfers for food,” after “ agricultural commodities”; and
(2)
in the second sentence, by striking “ of sales of agricultural commodities”.

SEC. 3110. Allowance for Distribution Costs.

Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6)) is amended by striking “ and distribution costs” and inserting “ , distribution, and program implementation costs to use the commodities”.

SEC. 3111. Prepositioning of Agricultural Commodities.

Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C. 1736a(c)(4)(A)) is amended by striking “ 2018” each place it appears and inserting “ 2023”.

SEC. 3112. Annual Report Regarding Food Aid Programs and Activities.

(a)
In General.— Section 407(f) of the Food for Peace Act (7 U.S.C. 1736a(f)) is amended to read as follows:

“(f) Annual Report Regarding Food Aid Programs and Activities.—

“(1) Annual report.—Not later than April 1 of each fiscal year, the Administrator and the Secretary shall jointly, or each separately, prepare and submit to the appropriate committees of Congress a report regarding each program and activity carried out under this Act by the Administrator, the Secretary, or both, as applicable, during the prior fiscal year.

“(2) Contents.—An annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following:

“(A) A list that contains a description of each country and organization that receives food and other assistance under this Act (including the quantity of food and assistance provided to each country and organization).

“(B) A general description of each project and activity implemented under this Act (including each activity funded through the use of local currencies) and the total number of beneficiaries of the project.

“(C) A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to—

“(i) this Act;

“(ii) section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b));

“(iii) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and

“(iv) 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).

“(D) An assessment of the progress made through programs under this Act towards reducing food insecurity in the populations receiving food assistance from the United States.

“(E) A description of efforts undertaken by the Food Aid Consultative Group under section 205 to achieve an integrated and effective food assistance program.

“(F) An assessment of—

“(i) each program oversight, monitoring, and evaluation system implemented under section 207(f); and

“(ii) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this title.

“(G) An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.

“(H) A statement of 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, that further describes the following:

“(i) How such funds were used by the eligible organization.

“(ii) The actual rate of return for each commodity made available under this Act, including factors that influenced the rate of return, and, 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 and the Secretary determine to be necessary.

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

“(I) For funds expended for purposes of section 202(e), 406(b)(6), and 407(c)(1)(B), a detailed accounting of the expenditures and purposes of such expenditures with respect to each such section.

“(3) Rate of return described.—For purposes of applying subparagraph (H) of paragraph (2), 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.”

(b)
Conforming Repeal.— Subsection (m) of section 403 of the Food for Peace Act (7 U.S.C. 1733) is repealed.

SEC. 3113. 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 “ 2018” and inserting “ 2023”.

SEC. 3114. Minimum Level of Nonemergency Food Assistance.

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

“(e) Minimum Level of Nonemergency Food Assistance.—

“(1) In general.—For each of fiscal years 2019 through 2023, not less than $365,000,000 of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, nor more than 30 percent of such amounts, shall be expended for nonemergency food assistance programs under such title.

“(2) Community development funds.—Funds appropriated each year to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) that are made available through grants or cooperative agreements to strengthen food security in developing countries and that are consistent with section 202(e)(1)(C) may be considered amounts expended for nonemergency food assistance programs for purposes of paragraph (1).

“(3) Farmer-to-farmer program.—In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraph (1), amounts expended for that year to carry out programs under section 501 may be considered amounts expended for nonemergency food assistance programs.”

SEC. 3115. Termination Date for Micronutrient Fortification Programs.

Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 3116. 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 (b)—
(A)
in the matter preceding paragraph (1), by inserting “ section 1342 of title 31, United States Code, or” after “ Notwithstanding”;
(B)
in paragraph (1) by inserting “ technical” before “ assistance”; and
(C)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by inserting “ employees or staff of a State cooperative institution (as such term is defined in paragraph 18 of section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103), except that subparagraphs (E), (F), and (G) of such paragraph shall not apply),” after “ private corporations,”; and
(ii)
in subparagraph (A)—
(I)
by striking “ ; and” at the end of clause (viii); and
(II)
by striking clause (ix) and inserting the following:

“(ix) agricultural education and extension;

“(x) selection of seed varieties and plant stocks;

“(xi) knowledge of insecticide and sanitation procedures to prevent crop destruction;

“(xii) use and maintenance of agricultural equipment and irrigation systems; and

“(xiii) selection of fertilizers and methods of soils treatment; and”

(2)
in subsection (d), in the matter preceding paragraph (1), by striking “ 2018” and inserting “ 2023”;
(3)
in subsection (e)(1), in the matter preceding subparagraph (A), by striking “ 2018” and inserting “ 2023”; and
(4)
by adding at the end the following:

“(f) Grant Program to Create New Partners and Innovation.—

“(1) In general.—The Administrator of the Agency for International Development shall develop a grant program to be carried out in fiscal years 2019 through 2023 to facilitate new and innovative partnerships and activities under this title.

“(2) Use of funds.—A grant recipient under this subsection shall use funds received under this subsection to—

“(A) prioritize new implementing partners;

“(B) develop innovative volunteer models;

“(C) develop, improve, or maintain strategic partnerships with other United States development programs; and

“(D) expand the footprint and impact of the programs and activities under this title, and diversity among program participants, including land-grant colleges and universities and cooperative extension services (as such terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).”

Subtitle B Agricultural Trade Act of 1978

SEC. 3201. Agricultural Trade Promotion and Facilitation.

(a)
In General.— Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is amended to read as follows:

“SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION.

“(a) Establishment.—The Secretary shall carry out activities under this section—

“(1) to access, develop, maintain, and expand markets for United States agricultural commodities; and

“(2) to promote cooperation and the exchange of information.

“(b) Market Access Program.—

“(1) Definition of eligible trade organization.—In this subsection, the term ‘eligible trade organization’ means—

“(A) a United States agricultural trade organization or regional State-related organization that promotes the export and sale of United States agricultural commodities and that does not stand to profit directly from specific sales of United States agricultural commodities;

“(B) a cooperative organization or State agency that promotes the sale of United States agricultural commodities; or

“(C) a private organization that promotes the export and sale of United States agricultural commodities if the Secretary determines that such organization would significantly contribute to United States export market development.

“(2) In general.—The Commodity Credit Corporation shall establish and carry out a program, to be known as the ‘Market Access Program’, to encourage the development, maintenance, and expansion of commercial export markets for United States agricultural commodities (including commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502))) through cost-share assistance to eligible trade organizations that implement a foreign market development program.

“(3) Participation requirements.—

“(A) Marketing plan and other requirements.—To be eligible for cost-share assistance under this subsection, an eligible trade organization shall—

“(i) prepare and submit a marketing plan to the Secretary that meets the guidelines governing such a marketing plan specified in this paragraph or otherwise established by the Secretary;

“(ii) meet any other requirements established by the Secretary; and

“(iii) enter into an agreement with the Secretary.

“(B) Purpose of marketing plan.—A marketing plan submitted under this paragraph shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this subsection is being requested.

“(C) Specific elements.—To be approved by the Secretary, a marketing plan submitted under this paragraph shall—

“(i) specifically describe the manner in which assistance received by the eligible trade organization, in conjunction with funds and services provided by the eligible trade organization, will be expended in implementing the marketing plan;

“(ii) establish specific market goals to be achieved under the marketing plan; and

“(iii) contain whatever additional requirements are determined by the Secretary to be necessary.

“(D) Branded promotion.—A marketing plan approved by the Secretary may provide for the use of branded advertising to promote the sale of United States agricultural commodities in a foreign country under such terms and conditions as may be established by the Secretary.

“(E) Amendments.—An approved marketing plan may be amended by the eligible trade organization at any time, subject to the approval of the amendment by the Secretary.

“(4) Level of assistance and cost-share requirements.—

“(A) In general.—The Secretary shall justify in writing the level of assistance to be provided to an eligible trade organization under this subsection and the level of cost sharing required of the organization.

“(B) Limitation on branded promotion.—Assistance provided under this subsection for activities described in paragraph (3)(D) shall not exceed 50 percent of the cost of implementing the marketing plan, except that the Secretary may determine not to apply such limitation in the case of United States agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411). Criteria used by the Secretary for determining that the limitation shall not apply shall be consistent and documented.

“(5) Other terms and conditions.—

“(A) Multiyear basis.—The Secretary may provide assistance under this subsection on a multiyear basis, subject to annual review by the Secretary for compliance with the approved marketing plan.

“(B) Termination of assistance.—The Secretary may terminate any assistance made, or to be made, available under this subsection if the Secretary determines that—

“(i) the eligible trade organization is not adhering to the terms and conditions applicable to the provision of the assistance;

“(ii) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the plan;

“(iii) the eligible trade organization is not adequately contributing its own resources to the implementation of the plan; or

“(iv) the Secretary determines that termination of assistance in a particular instance is in the best interests of the Market Access Program.

“(C) Evaluations.—Beginning not later than 15 months after the initial provision of assistance under this subsection to an eligible trade organization, the Secretary shall monitor the expenditures by the eligible trade organization of such assistance, including the following:

“(i) An evaluation of the effectiveness of the marketing plan of the eligible trade organization in developing or maintaining markets for United States agricultural commodities.

“(ii) An evaluation of whether assistance provided under this subsection is necessary to maintain such markets.

“(iii) A thorough accounting of the expenditure by the eligible trade organization of the assistance provided under this subsection.

“(6) Restrictions on use of funds.—Assistance provided under this subsection to an eligible trade organization may not be used—

“(A) to provide direct assistance to any foreign for-profit corporation for the corporation’s use in promoting foreign-produced products; or

“(B) to provide direct assistance to any for-profit corporation that is not recognized as a small business concern (as described in section 3(a) of the Small Business Act (15 U.S.C. 632(a))), excluding—

“(i) a cooperative;

“(ii) an association described in the first section of the Act entitled ‘An Act To authorize association of producers of agricultural products’, approved February 18, 1922 (7 U.S.C. 291); or

“(iii) a nonprofit trade association.

“(7) Permissive use of funds.—Assistance provided under this subsection to a United States agricultural trade association, cooperative, or small business may be used for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of such assistance.

“(8) Priority.—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.

“(9) Contribution level.—

“(A) In general.—The Secretary should require a minimum contribution level of 10 percent from an eligible trade organization that receives assistance for nonbranded promotion.

“(B) Increases in contribution level.—The Secretary may increase the contribution level in any subsequent year that an eligible trade organization receives assistance for nonbranded promotion.

“(10) Additionality.—The Secretary should require each participant in the Market Access Program to certify that any Federal funds received supplement, but do not supplant, private or third party participant funds or other contributions to Program activities.

“(11) Independent audits.—If as a result of an evaluation or audit of activities of a participant under the Market Access Program, the Secretary determines that a further review is justified in order to ensure compliance with the requirements of the Program, the Secretary should require the participant to contract for an independent audit of the Program activities, including activities of any subcontractor.

“(12) Tobacco.—No funds made available under the Market Access Program may be used for activities to develop, maintain, or expand foreign markets for tobacco.

“(c) Foreign Market Development Cooperator Program.—

“(1) Definition of eligible trade organization.—In this subsection, the term ‘eligible trade organization’ means a United States trade organization that—

“(A) promotes the export of 1 or more United States agricultural commodities; and

“(B) does not have a business interest in or receive remuneration from specific sales of agricultural commodities.

“(2) Establishment.—The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a program to be known as the ‘Foreign Market Development Cooperator Program’ to maintain and develop foreign markets for United States agricultural commodities.

“(3) Use of funds.—Funds made available to carry out this subsection shall be used only to provide—

“(A) cost-share assistance to an eligible trade organization under a contract or agreement with the eligible trade organization; and

“(B) assistance for other costs that are appropriate to carry out the Foreign Market Development Cooperator Program, including contingent liabilities that are not otherwise funded.

“(d) E (Kika) De La Garza Emerging Markets Program.—

“(1) Definition of emerging market.—In this subsection, the term ‘emerging market’ means any country, foreign territory, customs union, or other economic market that the Secretary determines—

“(A) is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of its economy; and

“(B) has the potential to provide a viable and significant market for United States agricultural commodities.

“(2) Establishment.—The Secretary shall establish and carry out a program, to be known as the ‘E (Kika) de la Garza Emerging Markets Program’—

“(A) to develop agricultural markets in emerging markets; and

“(B) to promote cooperation and exchange of information between agricultural institutions and agribusinesses in the United States and emerging markets.

“(3) Development of agricultural systems.—

“(A) In general.—

“(i) Implementation.—To develop, maintain, or expand markets for exports of United States agricultural commodities, the Secretary shall make available to emerging markets the expertise of the United States—

“(I) to make assessments of food and rural business systems needs;

“(II) to make recommendations on measures necessary to enhance the effectiveness of the food and rural business systems described in subclause (I), including potential reductions in trade barriers; and

“(III) to identify and carry out specific opportunities and projects to enhance the effectiveness of the food and rural business systems described in subclause (I).

“(ii) Extent of program.—The Secretary shall implement this subparagraph with respect to at least 3 emerging markets in each fiscal year.

“(B) Experts from the united states.—The Secretary may implement subparagraph (A) by providing—

“(i) assistance to teams (consisting primarily of agricultural consultants, agricultural producers, other persons from the private sector, and government officials expert in assessing the food and rural business systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in subparagraph (A)(i) in emerging markets;

“(ii) for necessary subsistence and transportation expenses of—

“(I) United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agricultural and agribusiness matters, to enable such United States food and rural business system experts to assist in transferring knowledge and expertise to entities from emerging markets; and

“(II) individuals designated by emerging markets to enable such designated individuals to consult with such United States experts to enhance food and rural business systems of such emerging markets and to transfer knowledge and expertise to such emerging markets.

“(C) Cost-sharing.—The Secretary shall encourage the nongovernmental experts described in subparagraph (B) to share the costs of, and otherwise assist in, the participation of those experts in the E (Kika) de la Garza Emerging Markets Program.

“(D) Technical assistance.—The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) to enable individuals or other entities to carry out recommendations, projects, and opportunities in emerging markets, including recommendations, projects, and opportunities described in subclauses (II) and (III) of subparagraph (A)(i).

“(E) Reports to secretary.—A team that receives assistance under subparagraph (B)(i) shall prepare and submit to the Secretary such reports as the Secretary may require.

“(F) Advisory committee.—To provide the Secretary with information that may be useful to the Secretary in carrying out this subsection, the Secretary may establish an advisory committee composed of representatives of the various sectors of the food and rural business systems of the United States.

“(G) Effect.—The authority provided under this subsection shall be in addition to and not in place of any other authority of the Secretary or the Commodity Credit Corporation.

“(e) Technical Assistance for Specialty Crops.—

“(1) Establishment.—The Secretary of Agriculture shall establish an export assistance program, in this subsection referred to as the ‘program’, to address existing or potential unique barriers that prohibit or threaten the export of United States specialty crops.

“(2) Purpose.—The program shall provide direct assistance through public and private sector projects and technical assistance, including through the program under section 2(e) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(e)), to remove, resolve, or mitigate existing or potential sanitary, phytosanitary, and technical barriers to trade.

“(3) Priority.—The program shall address time sensitive and strategic market access projects based on—

“(A) trade effect on market retention, market access, and market expansion; and

“(B) trade impact.

“(4) Multiyear projects.—The Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purpose described in paragraph (2).

“(5) Outreach and technical assistance.—The Secretary shall—

“(A) conduct outreach to inform eligible organizations of the requirements of the program and the process by which such organizations may submit proposals for funding;

“(B) provide technical assistance to eligible organizations to assist in developing proposals and complying with the requirements of the program; and

“(C) solicit input from eligible organizations on improvements to streamline and facilitate the provision of assistance under this subsection.

“(6) Regulations and procedures.—

“(A) In general.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall review program regulations, procedures, and guidelines for assistance under this subsection and make revisions to streamline, improve, and clarify the application, approval and compliance processes for such assistance, including revisions to implement the requirements of paragraph (5).

“(B) Considerations.—In reviewing and making revisions under subparagraph (A), the Secretary shall consider—

“(i) establishing accountability standards that are appropriate for the size and scope of a project; and

“(ii) establishing streamlined application and approval processes, including for smaller-scale projects or projects to address time-sensitive trade barriers.

“(7) Annual report.—Each year, the Secretary shall submit to the appropriate committees of Congress a report that contains, for the period covered by the report, a description of—

“(A) each factor that affects the export of specialty crops, including each factor relating to any—

“(i) significant sanitary or phytosanitary issue;

“(ii) trade barrier; or

“(iii) emerging sanitary or phytosanitary issue or trade barrier; and

“(B)

(i) any funds provided under subsection (f)(3)(A)(iv) that were not obligated in a fiscal year; and

“(ii) the reason such funds were not obligated.

“(f) Funding and Administration.—

“(1) Commodity credit corporation.—The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.

“(2) Funding amount.—For each of fiscal years 2019 through 2023, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, the Secretary shall use to carry out this section $255,000,000, to remain available until expended.

“(3) Allocation.—

“(A) In general.—For each of fiscal years 2019 through 2023, the Secretary shall allocate funds to carry out this section in accordance with the following:

“(i) Market access program.—For market access activities authorized under subsection (b), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $200,000,000 for each fiscal year.

“(ii) Foreign market development cooperator program.—To carry out subsection (c), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $34,500,000 for each fiscal year.

“(iii) E (kika) de la garza emerging markets program.—To provide assistance under subsection (d), of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not more than $8,000,000 for each fiscal year.

“(iv) Technical assistance for specialty crops.—To carry out subsection (e), of the funds of, or an equal value of the commodities owned by, the Commodity Credit Corporation, $9,000,000 for each fiscal year.

“(v) Priority trade fund.—

“(I) In general.—In addition to the amounts allocated under clauses (i) through (iv), and notwithstanding any limitations in those clauses, as determined by the Secretary, for 1 or more programs under this section for authorized activities to access, develop, maintain, and expand markets for United States agricultural commodities, $3,500,000 for each fiscal year.

“(II) Considerations.—In allocating funds made available under subclause (I), the Secretary may consider providing a greater allocation to 1 or more programs under this section for which the amounts requested under applications exceed available funding for the 1 or more programs.

“(B) Reallocation.—Any funds allocated under clauses (i) through (iv) of subparagraph (A) that remain unobligated one year after the end of the fiscal year in which they are first made available shall be reallocated to the priority trade fund under subparagraph (A)(v). To the maximum extent practicable, the Secretary shall allocate such reallocated funds to support exports of those types of United States agricultural commodities eligible for assistance under the program for which the funds were originally allocated under subparagraph (A).

“(4) Cuba.—Notwithstanding section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) or any other provision of law, funds made available under this section may be used to carry out the programs authorized under subsections (b) and (c) in Cuba. Funds may not be used as described in the previous sentence in contravention with directives set forth under the National Security Presidential Memorandum entitled ‘Strengthening the Policy of the United States Toward Cuba’ issued by the President on June 16, 2017, during the period in which that memorandum is in effect.

“(5) Authorization of appropriations.—In addition to any other amounts provided under this subsection, there are authorized to be appropriated such sums as are necessary to carry out the programs and authorities under paragraph (3)(A)(v) and subsections (b) through (e).”

(b)
Conforming Amendments.—
(1)
Market access program.—
(A)
Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (c).
(B)
Section 402(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking “ 203” and inserting “ 203(b)”.
(C)
Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking “ section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “ section 203(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623(b))”.
(D)
Section 718 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 5623 note; Public Law 105–277) is amended by striking “ section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “ section 203(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5623(b)”.
(E)
Section 1302 of the Omnibus Budget Reconciliation Act of 1993 is repealed.
(2)
Foreign market development cooperator program.— Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et seq.) is repealed.
(3)
E (kika) de la garza emerging markets program.—
(A)
Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101–624) is amended—
(i)
by striking subsection (d);
(ii)
by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
(iii)
in subsection (e) (as so redesignated)—
(I)
in the matter preceding paragraph (1), by striking “ country” and inserting “ country, foreign territory, customs union, or other economic market”; and
(II)
in paragraph (1), by striking “ the economy of the country” and inserting “ its economy”.
(B)
Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking “ section 1542(f)” and inserting “ section 1542(e)”.
(C)
Section 1543A(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is amended by inserting “ and section 203(d) of the Agricultural Trade Act of 1978” after “ section 1542”.
(4)
Technical assistance for specialty crops.— Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.

Subtitle C Other Agricultural Trade Laws

SEC. 3301. Growing American Food Exports.

Section 1543A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679) is amended—
(1)
in subsection (b)(1)(A), by inserting “ or new agricultural production technologies” after “ biotechnology”; and
(2)
in subsection (d), by striking “ $6,000,000” and all that follows through the period at the end and inserting “ $2,000,000 for each of fiscal years 2019 through 2023.”.

SEC. 3302. Food for Progress Act of 1985.

Section 1110 of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985 (7 U.S.C. 1736o)) is amended—
(1)
by striking “ President” each place it appears and inserting “ Secretary”;
(2)
in subsection (b)—
(A)
in paragraph (5)—
(i)
by striking “ and” at the end of subparagraph (E);
(ii)
by redesignating subparagraph (F) as subparagraph (G); and
(iii)
by inserting after subparagraph (E) the following new subparagraph:

“(F) a college or university (as such terms are defined in section 1404(4) of the Food and Agriculture Act of 1977 (7 U.S.C. 3103(4)); and”

; and

(B)
by adding at the end the following new paragraphs:

“(10) Rate of return.—For purposes of applying subsection (j)(3), the rate of return for an eligible commodity shall be equal to the proportion that—

“(A) the proceeds eligible entities generate through monetization of such commodity, bears to

“(B) the cost to the Federal Government to procure and ship the commodity to the country where it is monetized.

“(11) Secretary.—The term ‘Secretary’ means the Secretary of Agriculture.”

(3)
in subsection (f)(3), by striking “ 2018” and inserting “ 2023”;
(4)
in subsection (g), by striking “ 2018” and inserting “ 2023”;
(5)
in subsection (j)(3)—
(A)
by striking “ December 1” and inserting “ April 1”;
(B)
by striking “ of the Senate a list of programs” and inserting

“(A) a list of programs”

(C)
by striking “ approved to date for the fiscal year” and inserting “ approved during the prior fiscal year”;
(D)
by striking the period at the end and inserting a semicolon; and
(E)
by adding at the end the following new subparagraphs:

“(B) a description of the actual rate of return for each commodity made available under this section for the previous fiscal year including—

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

“(ii) with respect to the commodity, the costs of bagging or further processing, ocean transportation, inland transportation, storage costs, and any other information that the Secretary determines to be necessary; and

“(C) for each instance in which a commodity was made available under this section at a rate of return less than 70 percent, an explanation for the rate of return realized.”

(6)
in subsection (k), by striking “ 2018” and inserting “ 2023”;
(7)
in subsection (l)(1), by striking “ 2018” and inserting “ 2023”;
(8)
in the heading of subsection (m), by striking “ Presidential” and inserting “ Secretarial”;
(9)
in subsection (o), by striking “ (acting through the Secretary)”;
(10)
in subsection (o)(1), by striking “ subparagraphs (C) and (F)” and inserting “ subparagraphs (C) and (G)”; and
(11)
by adding at the end the following new subsection:.

“(p) Pilot Agreements.—

“(1) In general.—For each of fiscal years 2019 through 2023, subject to the availability of appropriations pursuant to the authorization in paragraph (3), the Secretary shall enter into 1 or more pilot agreements with 1 or more eligible entities through which the Secretary shall provide financial assistance to the eligible entities to carry out activities consistent with subsection (l)(4)(A).

“(2) Report required.—In each of fiscal years 2020 through 2024, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing, with respect to the previous fiscal year—

“(A) the amount provided to eligible entities under each pilot agreement pursuant to paragraph (1) and how the funds were used;

“(B) the activities carried out under each pilot agreement;

“(C) the number of direct and indirect beneficiaries of those activities; and

“(D) the effectiveness of the pilot agreements, including as applicable the impact on food security and agricultural productivity.

“(3) Authorization of appropriations.—There is authorized to be appropriated to carry out pilot agreements pursuant to this subsection $10,000,000 for each of fiscal years 2019 through 2023.”

SEC. 3303. 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 “ 2018” each place it appears and inserting “ 2023”; and
(2)
in subsection (h), by striking “ 2018” each place it appears and inserting “ 2023”.

SEC. 3304. Promotion of Agricultural Exports to Emerging Markets.

Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking “ 2018” and inserting “ 2023”.

SEC. 3305. Cochran Fellowship Program.

Section 1543 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293) is amended—
(1)
in subsection (a), by striking “ for study in the United States.” and inserting the following:

“(1) in the United States; or

“(2) at a college or university located in an eligible country that the Secretary determines—

“(A) has sufficient scientific and technical facilities;

“(B) has established a partnership with at least one college or university in the United States; and

“(C) has substantial participation by faculty members of the United States college or university in the design of the fellowship curriculum and classroom instruction under the fellowship.”

(2)
in subsection (c)—
(A)
in paragraph (1), by inserting “ (which may include agricultural extension services)” after “ systems”; and
(B)
in paragraph (2)—
(i)
by striking “ enhance trade” and inserting the following:

“(A) trade”

(ii)
in subparagraph (A) (as so designated) by striking the period at the end and inserting “ ; or”; and
(iii)
by adding at the end the following:

“(B) linkages between agricultural interests in the United States and regulatory systems governing sanitary and phytosanitary standards for agricultural products that—

“(i) may enter the United States; and

“(ii) may pose risks to human, animal, or plant life or health.”

; and

(3)
in subsection (f)—
(A)
in paragraph (1), by striking “ $3,000,000” and inserting “ $4,000,000”;
(B)
in paragraph (2), by striking “ $2,000,000” and inserting “ $3,000,000”; and
(C)
in paragraph (3), by striking “ $5,000,000” and inserting “ $6,000,000”.

SEC. 3306. Borlaug International Agricultural Science and Technology Fellowship Program.

Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended—
(1)
in subsection (c)(2)—
(A)
in the matter preceding subparagraph (A), by striking “ shall support” and inserting “ support”;
(B)
in subparagraph (C), by striking “ and” at the end;
(C)
in subparagraph (D), by striking the period at the end and inserting “ ; and”; and
(D)
by adding at the end the following:

“(E) the development of agricultural extension services in eligible countries.”

; and

(2)
in subsection (f)—
(A)
by striking “ The Secretary” and inserting the following:

“(1) In general.—The Secretary”

; and

(B)
by adding at the end the following:

“(2) Leveraging alumni engagement.—In carrying out the purposes and programs under this section, the Secretary shall encourage ongoing engagement with fellowship recipients who have completed training under the program to provide advice regarding, and participate in, new or ongoing agricultural development projects, with a priority for capacity-building projects.”

SEC. 3307. International Agricultural Education Fellowship Program.

(a)
Fellowship Program Establishment.— The Secretary shall establish a fellowship program to be known as the International Agricultural Education Fellowship Program to provide fellowships to citizens of the United States to assist eligible countries in developing school-based agricultural education and youth extension programs.
(b)
Eligible Country Described.— For purposes of this section, an eligible country is a developing country, as determined by the Secretary using a gross national income per capita test selected by the Secretary.
(c)
Purpose of Fellowships.— The goals of providing a fellowship under this section are to—
(1)
develop globally minded United States agriculturists with experience living abroad;
(2)
focus on meeting the food and fiber needs of the domestic population of eligible countries; and
(3)
strengthen and enhance trade linkages between eligible countries and the United States agricultural industry.
(d)
Eligible Candidates.— The Secretary may provide fellowships to citizens of the United States who—
(1)
hold at least a bachelors degree in an agricultural related field of study; and
(2)
have an understanding of United States school-based agricultural education and youth extension programs, as determined by the Secretary.
(e)
Candidate Identification.— The Secretary shall consult with the National FFA Organization, the National 4–H Council, and other entities as the Secretary determines are appropriate to identify candidates for fellowships.
(f)
Program Implementation.— The Secretary shall provide for the management, coordination, evaluation, and monitoring of the Fellowship Program, except that the Secretary may contract out the management of the fellowship program to an outside organization with experience in implementing fellowship programs focused on building capacity for school-based agricultural education and youth extension programs in developing countries.
(g)
Authorization of Appropriations.—
(1)
In general.— There are authorized to be appropriated $5,000,000 to carry out this section for each of fiscal years 2019 through 2023.
(2)
Duration.— Any funds made available under this subsection shall remain available until expended.

SEC. 3308. International Food Security Technical Assistance.

The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1543A (7 U.S.C. 5679) the following:

“SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.

“(a) Definition of International Food Security.—In this section, the term ‘international food security’ means access by any person at any time to food and nutrition that is sufficient for a healthy and productive life.

“(b) Collection of Information.—The Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall compile information from appropriate mission areas of the Department of Agriculture (including the Food, Nutrition, and Consumer Services mission area) relating to the improvement of international food security.

“(c) Public Availability.—To benefit programs for the improvement of international food security, the Secretary shall organize the information described in subsection (b) and make the information available in a format suitable for—

“(1) public education; and

“(2) use by—

“(A) a Federal, State, or local agency;

“(B) an agency or instrumentality of the government of a foreign country;

“(C) a domestic or international organization, including a domestic or international nongovernmental organization; and

“(D) an intergovernmental organization.

“(d) Technical Assistance.—On request by an entity described in subsection (c)(2), the Secretary may provide technical assistance to the entity to implement a program for the improvement of international food security.

“(e) Program Priority.—In carrying out this section, the Secretary shall give priority to programs relating to the development of food and nutrition safety net systems with a focus on food insecure countries.

“(f) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2019 through 2023.”

SEC. 3309. Mcgovern-Dole International Food for Education and Child Nutrition Program.

Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) is amended—
(1)
in subsection (a)—
(A)
by striking “ that is” and inserting the following:

“(1) is”

(B)
in paragraph (1) (as so designated), by striking the period at the end and inserting “ ; or”; and
(C)
by adding at the end the following:

“(2)

(A) is produced in and procured from—

“(i) a developing country that is a recipient country; or

“(ii) a developing country in the same region as a recipient country; and

“(B) at a minimum, meets each nutritional, quality, and labeling standard of the recipient country, as determined by the Secretary.”

(2)
in subsection (c)(2)(A)—
(A)
in clause (v)(IV), by striking “ and” at the end;
(B)
by redesignating clause (vi) as clause (vii); and
(C)
by inserting after clause (v) the following:

“(vi) the costs associated with transporting the commodities described in subsection (a)(2) from a developing country described in subparagraph (A)(ii) of that subsection to any designated point of entry within the recipient country; and”

(3)
in subsection (f)(1)—
(A)
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(B)
by inserting after subparagraph (D) the following:

“(E) ensure to the maximum extent practicable that assistance—

“(i) is provided under this section in a timely manner; and

“(ii) is available when needed throughout the applicable school year;”

; and

(4)
in subsection (l)—
(A)
in paragraph (2), by striking “ 2018” and inserting “ 2023”; and
(B)
by adding at the end the following:

“(4) Purchase of commodities.—Of the funds made available to carry out this section, not more than 10 percent shall be used to purchase agricultural commodities described in subsection (a)(2).”

SEC. 3310. Global Crop Diversity Trust.

Section 3202 of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law 110–246) is amended—
(1)
by amending subsection (b) to read as follows:

“(b) United States Contribution Limit.—

“(1) In general.—The aggregate contributions of funds of the Federal Government provided to the Trust shall not exceed—

“(A) for the period of fiscal years 2014 through 2018, 25 percent of the total amount of funds contributed to the Trust from all sources; and

“(B) subject to paragraph (2), effective beginning with fiscal year 2019, 33 percent of the total amount of funds contributed to the Trust from all sources.

“(2) Annual limitation.—The contributions of funds of the Federal Government provided to the Trust shall not exceed $5,500,000 for each of fiscal years 2019 through 2023.”

; and

(2)
in subsection (c), by striking “ 2018” and inserting “ 2023”.

SEC. 3311. Local and Regional Food Aid Procurement Projects.

Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended—
(1)
by inserting “ to the Secretary” after “ appropriated”; and
(2)
by striking “ 2014 through 2018” and inserting “ 2019 through 2023”.

SEC. 3312. Foreign Trade Missions.

(a)
Tribal Representation on Trade Missions.—
(1)
In general.— The Secretary, in consultation with the Tribal Advisory Committee established under subsection (b)(2) of section 309 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921(b)(2)) (as added by section 12303(2)) (referred to in this section as the “Advisory Committee”), shall seek—
(A)
to support the greater inclusion of Tribal agricultural and food products in Federal trade-related activities; and
(B)
to increase the collaboration between Federal trade promotion efforts and other Federal trade-related activities in support of the greater inclusion sought under subparagraph (A).
(2)
Interdepartmental coordination.— In carrying out activities to increase the collaboration described in paragraph (1)(B), the Secretary shall coordinate with—
(A)
the Secretary of Commerce;
(B)
the Secretary of State;
(C)
the Secretary of the Interior; and
(D)
the heads of any other relevant Federal agencies.
(b)
Report; Goals.—
(1)
Report.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report describing the efforts of the Department of Agriculture and other Federal agencies under this section to—
(A)
the Advisory Committee;
(B)
the Committee on Agriculture of the House of Representatives;
(C)
the Committee on Energy and Commerce of the House of Representatives;
(D)
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
(E)
the Committee on Commerce, Science, and Transportation of the Senate; and
(F)
the Committee on Indian Affairs of the Senate.
(2)
Goals.— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish goals for measuring, in an objective and quantifiable format, the extent to which Indian Tribes and Tribal agricultural and food products are included in the trade-related activities of the Department of Agriculture.