[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4283 Enrolled Bill (ENR)]

        H.R.4283

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
     To support sustainable and broad-based agricultural and rural 
       development in sub-Saharan Africa, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short 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 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 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.

               TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA

SEC. 101. AFRICA FOOD 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 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.
        (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. 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. 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 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. 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.

     TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS
           Subtitle A--Nonemergency Food Assistance Programs

SEC. 201. NONEMERGENCY 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 Emerson Humanitarian Trust Act of 1998

SEC. 211. SHORT 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:
            ``(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:

``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. 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 or to be expended on related 
activities during the current and previous 4 fiscal years.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.