Text: H.R.4283 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-385 (11/13/1998)

 
[105th Congress Public Law 385]
[From the U.S. Government Printing Office]


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[DOCID: f:publ385.105]


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                    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.

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