[105th Congress Public Law 385] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ385.105] [[Page 3459]] AFRICA: SEEDS OF HOPE ACT OF 1998 [[Page 112 STAT. 3460]] Public Law 105-385 105th Congress An Act To support sustainable and broad-based agricultural and rural development in sub-Saharan Africa, and for other purposes. <<NOTE: Nov. 13, 1998 - [H.R. 4283]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Africa: Seeds of Hope Act of 1998.>> assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short <<NOTE: 7 USC 1691 note.>> Title.--This Act may be cited as the ``Africa: Seeds of Hope Act of 1998''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and declaration of policy. TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA Sec. 101. Africa Food Security Initiative. Sec. 102. Microenterprise assistance. Sec. 103. Support for producer-owned cooperative marketing associations. Sec. 104. Agricultural and rural development activities of the Overseas Private Investment Corporation. Sec. 105. Agricultural research and extension activities. TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS Subtitle A--Nonemergency Food Assistance Programs Sec. 201. Nonemergency food assistance programs. Subtitle B--Bill Emerson Humanitarian Trust Act of 1998 Sec. 211. Short title. Sec. 212. Bill Emerson Humanitarian Trust Act. TITLE III--MISCELLANEOUS PROVISIONS Sec. 301. Report. SEC. 2. FINDINGS <<NOTE: 22 USC 2293 note.>> AND DECLARATION OF POLICY. (a) Findings.--Congress finds the following: (1) The economic, security, and humanitarian interests of the United States and the nations of sub-Saharan Africa would be enhanced by sustainable, broad-based agricultural and rural development in each of the African nations. (2) According to the Food and Agriculture Organization, the number of undernourished people in Africa has more than doubled, from approximately 100,000,000 in the late 1960s to 215,000,000 in 1998, and is projected to increase to 265,000,000 by the year 2010. According to the Food and Agriculture Organization, the term ``under nutrition'' means inadequate consumption of nutrients, often adversely affecting children's physical and mental development, undermining their [[Page 112 STAT. 3461]] future as productive and creative members of their communities. (3) Currently, agricultural production in Africa employs about two-thirds of the workforce but produces less than one- fourth of the gross domestic product in sub-Saharan Africa, according to the World Bank Group. (4) African women produce up to 80 percent of the total food supply in Africa according to the International Food Policy Research Institute. (5) An effective way to improve conditions of the poor is to increase the productivity of the agricultural sector. Productivity increases can be fostered by increasing research and education in agriculture and rural development. (6) In November 1996, the World Food Summit set a goal of reducing hunger worldwide by 50 percent by the year 2015 and encouraged national governments to develop domestic food plans and to support international aid efforts. (7) Although the World Bank Group recently has launched a major initiative to support agricultural and rural development, only 10 percent, or $1,200,000,000, of its total lending to sub- Saharan Africa for fiscal years 1993 to 1997 was devoted to agriculture. (8)(A) United States food processing and agricultural sectors benefit greatly from the liberalization of global trade and increased exports. (B) Africa represents a growing market for United States food and agricultural products. Africa's food imports are projected to rise from less than 8,000,000 metric tons in 1990 to more than 25,000,000 metric tons by the 2020. (9)(A) Increased private sector investment in African countries and expanded trade between the United States and Africa can greatly help African countries achieve food self- sufficiency and graduate from dependency on international assistance. (B) Development assistance, technical assistance, and training can facilitate and encourage commercial development in Africa, such as improving rural roads, agricultural research and extension, and providing access to credit and other resources. (10)(A) Several United States private voluntary organizations have demonstrated success in empowering Africans through direct business ownership and helping African agricultural producers more efficiently and directly market their products. (B) Rural business associations, owned and controlled by farmer shareholders, also greatly help agricultural producers to increase their household incomes. (b) Declaration of Policy.--It is the policy of the United States, consistent with title XII of part I of the Foreign Assistance Act of 1961, to support governments of sub-Saharan African countries, United States and African nongovernmental organizations, universities, businesses, and international agencies, to help ensure the availability of basic nutrition and economic opportunities for individuals in sub- Saharan Africa, through sustainable agriculture and rural development. [[Page 112 STAT. 3462]] TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA SEC. 101. AFRICA FOOD <<NOTE: 22 USC 2293 note.>> SECURITY INITIATIVE. (a) Additional Requirements in Carrying Out the Initiative.--In providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, the Administrator of the United States Agency for International Development-- (1) shall emphasize programs and projects that improve the food security of infants, young children, school-age children, women and food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) shall solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; (3) shall favor countries that are implementing reforms of their trade and investment laws and regulations in order to enhance free market development in the food processing and agricultural sectors; and (4) shall ensure that programs are designed and conducted in cooperation with African and United States organizations and institutions, such as private and voluntary organizations, cooperatives, land-grant and other appropriate universities, and local producer-owned cooperative marketing and buying associations, that have expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (b) Sense of the Congress.--It is the sense of the Congress that, if there is an increase in funding for sub-Saharan programs, the Administrator of the United States Agency for International Development should proportionately increase resources to the Africa Food Security Initiative, or any comparable or successor program, for fiscal year 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. SEC. 102. MICROENTERPRISE <<NOTE: 22 USC 2293 note.>> ASSISTANCE. (a) Bilateral Assistance.--In providing microenterprise assistance for sub-Saharan Africa, the Administrator of the United States Agency for International Development shall, to the extent practicable, use credit and microcredit assistance to improve the capacity and efficiency of agriculture production in sub-Saharan Africa of small-scale farmers and small rural entrepreneurs. In providing assistance, the Administrator should use the applied research and technical assistance capabilities of United States land-grant universities. (b) Multilateral Assistance.-- (1) In general.--The Administrator of the United States Agency for International Development shall continue to work with other countries, international organizations (including multilateral development institutions), and entities assisting microenterprises and shall develop a comprehensive and coordinated strategy for providing microenterprise assistance for sub-Saharan Africa. [[Page 112 STAT. 3463]] (2) Additional requirement.--In carrying out paragraph (1), the Administrator should encourage the World Bank Consultative Group to Assist the Poorest to coordinate the strategy described in such paragraph. SEC. 103. <<NOTE: 22 USC 2293 note.>> SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING ASSOCIATIONS. (a) Purposes.--The purposes of this section are-- (1) to support producer-owned cooperative purchasing and marketing associations in sub-Saharan Africa; (2) to strengthen the capacity of farmers in sub-Saharan Africa to participate in national and international private markets and to promote rural development in sub-Saharan Africa; (3) to encourage the efforts of farmers in sub-Saharan Africa to increase their productivity and income through improved access to farm supplies, seasonal credit, technical expertise; and (4) to support small businesses in sub-Saharan Africa as they grow beyond microenterprises. (b) Support for Producer-Owned Cooperative Marketing Associations.-- (1) Activities.-- (A) In general.--The Administrator of the United States Agency for International Development is authorized to utilize relevant foreign assistance programs and initiatives for sub-Saharan Africa to support private producer-owned cooperative marketing associations in sub-Saharan Africa, including rural business associations that are owned and controlled by farmer shareholders. (B) Additional requirements.--In carrying out subparagraph (A), the Administrator-- (i) shall take into account small-scale farmers, small rural entrepreneurs, and rural workers and communities; and (ii) shall take into account the local-level perspectives of the rural and urban poor through close consultation with these groups, consistent with section 496(e)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2293(e)(1)). (2) Other activities.--In addition to carrying out paragraph (1), the Administrator is encouraged-- (A) to cooperate with governments of foreign countries, including governments of political subdivisions of such countries, their agricultural research universities, and particularly with United States nongovernmental organizations and United States land-grant universities, that have demonstrated expertise in the development and promotion of successful private producer-owned cooperative marketing associations; and (B) to facilitate partnerships between United States and African cooperatives and private businesses to enhance the capacity and technical and marketing expertise of business associations in sub-Saharan Africa. SEC. 104. <<NOTE: 22 USC 2293 note.>> AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Purpose.--The purpose of this section is to encourage the Overseas Private Investment Corporation to work with United [[Page 112 STAT. 3464]] States businesses and other United States entities to invest in rural sub-Saharan Africa, particularly in ways that will develop the capacities of small-scale farmers and small rural entrepreneurs, including women, in sub-Saharan Africa. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) the Overseas Private Investment Corporation should exercise its authority under law to undertake an initiative to support private agricultural and rural development in sub- Saharan Africa, including issuing loans, guaranties, and insurance, to support rural development in sub-Saharan Africa, particularly to support intermediary organizations that-- (A) directly serve the needs of small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative purchasing and marketing associations; (B) have a clear track-record of support for sound business management practices; and (C) have demonstrated experience with participatory development methods; and (2) the Overseas Private Investment Corporation should utilize existing equity funds, loan and insurance funds, to the extent feasible and in accordance with existing contractual obligations, to support agriculture and rural development in sub-Saharan Africa. SEC. 105. <<NOTE: 22 USC 2293 note.>> AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES. (a) Development of Plan.--The Administrator of the United States Agency for International Development, in consultation with the Secretary of Agriculture and appropriate Department of Agriculture agencies, especially the Cooperative State, Research, Education and Extension Service (CSREES), shall develop a comprehensive plan to coordinate and build on the research and extension activities of United States land- grant universities, international agricultural research centers, and national agricultural research and extension centers in sub-Saharan Africa. (b) Additional Requirements.--Such plan shall seek to ensure that-- (1) research and extension activities will respond to the needs of small-scale farmers while developing the potential and skills of researchers, extension agents, farmers, and agribusiness persons in sub-Saharan Africa; (2) sustainable agricultural methods of farming will be considered together with new technologies in increasing agricultural productivity in sub-Saharan Africa; and (3) research and extension efforts will focus on sustainable agricultural practices and will be adapted to widely varying climates within sub-Saharan Africa. [[Page 112 STAT. 3465]] TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS Subtitle A--Nonemergency Food Assistance Programs SEC. 201. NONEMERGENCY <<NOTE: 7 USC 1721 note.>> FOOD ASSISTANCE PROGRAMS. (a) In General.--In providing nonemergency assistance under title II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.), the Administrator of the United States Agency for International Development shall ensure that-- (1) in planning, decisionmaking, and implementation in providing such assistance, the Administrator takes into consideration local input and participation directly and through United States and indigenous private and voluntary organizations; (2) each of the nonemergency activities described in paragraphs (2) through (6) of section 201 of such Act (7 U.S.C. 1721), including programs that provide assistance to people of any age group who are otherwise unable to meet their basic food needs (including feeding programs for the disabled, orphaned, elderly, sick and dying), are carried out; and (3) greater flexibility is provided for program and evaluation plans so that such assistance may be developed to meet local needs, as provided for in section 202(f ) of such Act (7 U.S.C. 1722(f )). (b) Other Requirements.--In providing assistance under the Agriculture Trade Development and Assistance Act of 1954, the Secretary of Agriculture and the Administrator of United States Agency for International Development shall ensure that commodities are provided in a manner that is consistent with sections 403(a) and (b) of such Act (7 U.S.C. 1733(a) and (b)). Subtitle B--Bill <<NOTE: Bill Emerson Humanitarian Trust Act of 1998.>> Emerson Humanitarian Trust Act of 1998 SEC. 211. SHORT <<NOTE: 7 USC 1691 note.>> TITLE. This subtitle may be cited as the ``Bill Emerson Humanitarian Trust Act of 1998''. SEC. 212. BILL EMERSON HUMANITARIAN TRUST ACT. (a) In General.--Section 302 of the Agricultural Act of 1980 (7 U.S.C. 1736f-1) is amended-- (1) in subsection (b)-- (A) in the subsection heading, by inserting ``or Funds'' after ``Commodities''; (B) in paragraph (1)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: [[Page 112 STAT. 3466]] ``(D) funds made available under paragraph (2)(B) which shall be used solely to replenish commodities in the trust.''; and (C) in paragraph (2) by striking subparagraph (B) and inserting the following: ``(B) Funds.--Any funds used to acquire eligible commodities through purchases from producers or in the market to replenish the trust shall be derived-- ``(i) with respect to fiscal years 2000 through 2002 from funds made available to carry out the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) that are used to repay or reimburse the Commodity Credit Corporation for the release of eligible commodities under subsections (c)(2) and (f )(2), except that, of such funds, not more than $20,000,000 may be expended for this purpose in each of the fiscal years 2000 through 2002; and ``(ii) from funds authorized for that use by an appropriations Act.''; (2) in subsection (c)(2)-- (A) by striking ``assistance.--Notwithstanding'' and inserting the following: ``assistance.-- ``(A) In general.--Notwithstanding''; and (B) by adding at the end the following: ``(B) Limitation.--The Secretary may release eligible commodities under subparagraph (A) only to the extent such release is consistent with maintaining the long-term value of the trust.''; (3) in subsection (d)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) subject to the need for release of commodities from the trust under subsection (c)(1), for the management of the trust to preserve the value of the trust through acquisitions under subsection (b)(2).''; and (4) in subsection (f )-- (A) in paragraph (2), by inserting ``of the trust'' after ``Reimbursement'' in the heading; and (B) in paragraph (2)(A), by inserting ``and the funds shall be available to replenish the trust under subsection (b)'' before the last period. (b) Conforming Amendments.-- (1) Title III of the Agricultural Act of 1980 (7 U.S.C. 1736f-1 et seq.) is amended by striking the title heading and inserting the following: ``TITLE III--BILL EMERSON HUMANITARIAN TRUST''. (2) Section 301 of the Agricultural Act of 1980 (7 U.S.C. 1736f-1 note) is amended to read as follows: [[Page 112 STAT. 3467]] ``SEC. 301. SHORT TITLE. ``This title may be cited as the `Bill Emerson Humanitarian Trust Act'.''. (3) Section 302 of the Agricultural Act of 1980 (7 U.S.C. 1736f-1) is amended-- (A) in the section heading, by striking ``reserve'' and inserting ``trust''; (B) by striking ``reserve'' each place it appears (other than in subparagraphs (A) and (B) of subsection (b)(1)) and inserting ``trust''; (C) in subsection (b)-- (i) in the subsection heading, by striking ``Reserve'' and inserting ``Trust''; (ii) in paragraph (1)(B), by striking ``reserve,'' and inserting ``trust,''; and (iii) in the heading of paragraph (2), by striking ``reserve'' and inserting ``trust''; and (D) in the heading of subsection (e), by striking ``Reserve'' and inserting ``Trust''. (4) Section 208(d)(2) of the Agricultural Trade Suspension Adjustment Act of 1980 (7 U.S.C. 4001(d)(2)) is amended by striking ``Food Security Commodity Reserve Act of 1996'' and inserting ``Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f- 1 et seq.)''. (5) Section 901b(b)(3) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241f(b)(3)), is amended by striking ``Food Security Wheat Reserve Act of 1980 (7 U.S.C. 1736f-1)'' and inserting ``Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1 et seq.)''. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. <<NOTE: Deadline.>> REPORT. Not later than 6 months after the date of the enactment of this Act, the Administrator of the United States Agency for International Development, in consultation with the heads of other appropriate agencies, shall prepare and submit to Congress a report on how the Agency plans to implement sections 101, 102, 103, 105, and 201 of this Act, the steps that have been taken toward such implementation, and an estimate of all amounts expended [[Page 112 STAT.3468]] or to be expended on related activities during the current and previous 4 fiscal years. Approved November 13, 1998. LEGISLATIVE HISTORY--H.R. 4283: --------------------------------------------------------------------------- HOUSE REPORTS: No. 105-681, Pt. 1 (Comm. on International Relations). CONGRESSIONAL RECORD, Vol. 144 (1998): Sept. 28, considered and passed House. Oct. 20, considered and passed Senate, amended. House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): Nov. 13, Presidential statement. <all>