[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1036 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1036

To amend the Agricultural Trade Development and Assistance Act of 1954 
 to establish an international food for education and child nutrition 
                                program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2001

Mr. Harkin (for himself, Mr. Leahy, Mr. Durbin, Mr. DeWine, Mr. Dorgan, 
Mr. Daschle, Mr. Kohl, Mr. Lugar, Mr. Kennedy, Mr. Johnson, Mr. Conrad, 
Ms. Landrieu, and Mr. Dayton) introduced the following bill; which was 
read twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Agricultural Trade Development and Assistance Act of 1954 
 to establish an international food for education and child nutrition 
                                program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``George McGovern-Robert Dole 
International Food for Education and Child Nutrition Act of 2001''.

SEC. 2. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION.

    Title IV of the Agricultural Trade Development and Assistance Act 
of 1954 (7 U.S.C. 1731 et seq.) is amended by adding at the end the 
following:

``SEC. 417. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION.

    ``(a) Definitions.--In this section:
            ``(1) Eligible commodity.--The term `eligible commodity' 
        means--
                    ``(A) an agricultural commodity; and
                    ``(B) a vitamin or mineral produced--
                            ``(i) in the United States; or
                            ``(ii) in limited situations determined by 
                        the Secretary, outside the United States.
            ``(2) Eligible organization.--The term `eligible 
        organization' means a private voluntary organization, 
        cooperative, or intergovernmental organization, as determined 
        by the Secretary.
            ``(3) Program.--The term `Program' means the International 
        Food for Education and Child Nutrition Program established 
        under subsection (b)(1).
            ``(4) Recipient country.--The term `recipient country' 
        means 1 or more developing countries covered by a plan approved 
        under subsection (d)(1)(A)(ii).
    ``(b) Program Establishment.--
            ``(1) In general.--In cooperation with other countries, the 
        Secretary shall establish, and the Department of Agriculture 
        shall act as the lead Federal agency for, the International 
        Food for Education and Child Nutrition Program, through which 
        the Secretary shall provide to eligible organizations eligible 
        commodities and technical and nutritional assistance for pre-
        school and school-age children in connection with education 
        programs to improve food security and enhance educational 
        opportunities for pre-school age and primary-school age 
        children in recipient countries.
            ``(2) Administration.--In carrying out the Program, the 
        Secretary may use the personnel and other resources of the Food 
        and Nutrition Service and other agencies of the Department of 
        Agriculture.
    ``(c) Purchase and Donation of Eligible Commodities and Provision 
of Assistance.--
            ``(1) In general.--Under the Program, the Secretary shall 
        enter into agreements with eligible organizations--
                    ``(A) to purchase, acquire, and donate eligible 
                commodities to eligible organizations; and
                    ``(B) to provide technical and nutritional 
                assistance.
            ``(2) Other donor countries.--Consistent with the Program, 
        the Secretary shall encourage other donor countries, directly 
        or through eligible organizations--
                    ``(A) to donate goods and funds to recipient 
                countries; and
                    ``(B) to provide technical and nutritional 
                assistance to recipient countries.
            ``(3) Private sector.--The President and the Secretary are 
        urged to encourage the support and active involvement of the 
        private sector, foundations, and other individuals and 
        organizations in programs and activities assisted under this 
        section.
    ``(d) Plans and Agreements.--
            ``(1) In general.--To be eligible to receive eligible 
        commodities and assistance under this section, an eligible 
        organization shall--
                    ``(A)(i) submit to the Secretary a plan that 
                describes the manner in which;
                            ``(I) the eligible commodities and 
                        assistance will be used in 1 or more 
recipient countries to meet the requirements of this section; and
                            ``(II) the role of the government in the 
                        recipient countries in carrying out the plan; 
                        and
                    ``(ii) obtain the approval of the Secretary for the 
                plan; and
                    ``(B) enter into an agreement with the Secretary 
                establishing the terms and conditions for use of the 
                eligible commodities and assistance.
            ``(2) Multiyear agreements.--
                    ``(A) In general.--An agreement under paragraph 
                (1)(B) may provide for eligible commodities and 
                assistance on a multiyear basis.
                    ``(B) Local capacity.--The Secretary shall 
                facilitate, to the extent the Secretary determines is 
                appropriate, the development of agreements under 
                paragraph (1)(B) that, on a multiyear basis, strengthen 
                local capacity for implementing and managing assistance 
                programs.
            ``(3) Streamlined procedures.--The Secretary shall develop 
        streamlined procedures for the development, review, and 
        approval of plans submitted under paragraph (1)(A) by eligible 
        organizations that demonstrate organizational capacity and the 
        ability to develop, implement, monitor, and report on, and 
        provide accountability for, activities conducted under this 
        section.
            ``(4) Graduation.--An agreement under paragraph (1)(B) 
        shall include provisions--
                    ``(A)(i) to sustain the benefits to the education, 
                enrollment, and attendance of children in schools in 
                the targeted communities when the provision of 
                commodities and assistance to a recipient country under 
                the Program terminates; and
                    ``(ii) to estimate the period of time required for 
                the recipient country or eligible organization to 
                provide assistance described in subsection (b)(1) 
                without additional assistance provided under this 
                section; or
                    ``(B) to otherwise provide other long-term benefits 
                to the targeted populations.
    ``(e) Effective Use of Eligible Commodities.--The Secretary shall 
ensure that each eligible organization--
            ``(1) uses eligible commodities made available under this 
        section effectively, in the areas of greatest need, and in a 
        manner that promotes the purposes of this section;
            ``(2) in using assistance provided under this section, 
        assesses and takes into account the nutritional and educational 
        needs of participating pre-school age and primary-school age 
        children;
            ``(3) to the maximum extent practicable, uses the lowest 
        cost means of delivering eligible commodities and providing 
        other assistance authorized under the Program;
            ``(4) works with recipient countries and indigenous 
        institutions or groups in recipient countries to design and 
        carry out mutually acceptable food and education assistance 
        programs for participating pre-school age and primary-school 
        age children;
            ``(5) monitors and reports on the distribution or sale of 
        eligible commodities provided under this section using methods 
        that will facilitate accurate and timely reporting;
            ``(6) periodically evaluates the effectiveness of the 
        Program, including evaluation of whether the food security and 
        education purposes can be sustained in a recipient country if 
        the recipient country is gradually terminated from the 
        assistance in accordance with subsection (d)(4); and
            ``(7) considers means of improving the operation of the 
        Program by the eligible organization and ensuring and improving 
        the quality of the eligible commodities provided under this 
        section, including improvement of the nutrient or micronutrient 
        content of the eligible commodities.
    ``(f) Interagency Coordination on Policy Goals.--The Secretary 
shall consult and collaborate with other Federal agencies having 
appropriate expertise in order to provide assistance under this section 
to promote equal access to education to improve the quality of 
education, combat exploitative child labor, and advance broad-based 
sustainable economic development in recipient countries.
    ``(g) Sales and Barter.--
            ``(1) In general.--Notwithstanding subsection (d)(1)(A), 
        with the approval of the Secretary, an eligible organization 
        may--
                    ``(A) acquire funds or goods by selling or 
                bartering eligible commodities provided under this 
                section within the recipient country or countries near 
                the recipient country; and
                    ``(B) use the funds or goods to improve food 
                security and enhance educational opportunities for pre-
                school age and primary-school age children within the 
                recipient country, including implementation and 
                administrative costs incurred in carrying out this 
                subsection.
            ``(2) Payment of administrative costs.--An eligible 
        organization that receives payment for administrative costs 
        under paragraph (1) shall not be eligible to receive payment 
        for the same administrative costs under subsection (h)(3).
    ``(h) Eligible Costs.--Subject to subsections (d)(1) and (m), the 
Secretary shall pay all or part of--
            ``(1) the costs and charges described in paragraphs (1) 
        through (5) and (7) of section 406(b) with respect to an 
        eligible commodity;
            ``(2) the internal transportation, storage, and handling 
        costs incurred in moving the eligible commodity, if the 
        Secretary determines that--
                    ``(A) payment of the costs is appropriate; and
                    ``(B) the recipient country is a low income, net 
                food-importing country that--
                            ``(i) meets the poverty criteria 
                        established by the International Bank for 
                        Reconstruction and Development for Civil Works 
                        Preference; or
                            ``(ii) has a national government that is 
                        committed to or is working toward, through a 
                        national action plan, the World Declaration on 
                        Education for All convened in 1990 in Jomtien, 
                        Thailand, and the follow-up Dakar Framework for 
                        Action of the World Education Forum in 2000; 
                        and
            ``(3) the projected costs of an eligible organization for 
        administration, sales, monitoring, and technical assistance 
        under a plan approved by the Secretary under subsection 
        (d)(1)(A) (including an itemized budget), taking into 
        consideration, as determined by the Secretary--
                    ``(A) the projected amount of such costs itemized 
                by category; and
                    ``(B) the projected amount of assistance received 
                from other donors.
    ``(i) Displacement.--Subsections (a)(2), (b), and (h) of section 
403 shall apply to this section.
    ``(j) Audits and Training.--The Secretary shall take such actions 
as are necessary to support, monitor, audit, and provide necessary 
training in proper management under the Program.
    ``(k) Annual Report.--The Secretary shall submit to the Committee 
on Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate an annual report 
that describes--
            ``(1) the results of the implementation of the Program 
        during the applicable year, including the impact on the 
        enrollment, attendance, and performance of children in primary 
        schools targeted under the Program; and
            ``(2) the level of commitments by, and the potential for 
        obtaining additional goods and assistance from, other countries 
        for the purposes of this section during subsequent years.
    ``(l) Independence of Authorities.--Each authority granted under 
this section shall be in addition to, and not in lieu of, any authority 
granted to the Secretary or the Commodity Credit Corporation under any 
other provision of law.--
    ``(m) Funding.--
            ``(1) In general.--Subject to paragraphs (2) and (3), for 
        each of fiscal years 2002 through 2006, the Secretary shall use 
        the funds, facilities, and authorities of the Commodity Credit 
        Corporation to carry out this section.
            ``(2) Fiscal year limitations.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                amount of funds of the Commodity Credit Corporation 
                uses to carry out this section shall not exceed--
                            ``(i) $300,000,000 for fiscal year 2002; or
                            ``(ii) $400,000,000 for each of fiscal 
                        years 2003 through 2006.
                    ``(B) Participation by donor countries.--If the 
                Secretary determines for any of fiscal years 2004 
                through 2006 that there is adequate participation in 
                the Program by donor countries, in lieu of the maximum 
                amount authorized for that fiscal year under 
                subparagraph (A)(ii), the amount of funds of the 
                Commodity Credit Corporation uses to carry out this 
                section shall not exceed--
                            ``(i) $525,000,000 for fiscal year 2004;
                            ``(ii) $625,000,000 for fiscal year 2005; 
                        or
                            ``(iii) $750,000,000 for fiscal year 2006.
            ``(3) Use limitations.--Of the funds provided under 
        paragraph (2), the Secretary may use to carry out subsection 
        (h)(3), not more than--
                    ``(A) $40,000,000 for fiscal year 2002;
                    ``(B) $50,000,000 for fiscal year 2003;
                    ``(C) $60,000,000 for fiscal year 2004;
                    ``(D) $70,000,000 for fiscal year 2005; or
                    ``(E) $80,000,000 for fiscal year 2006.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Section 401(a) of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1731(a)) is amended by inserting 
``(other than section 417)'' after ``this Act'' each place it appears.
    (b) Section 404(b)(4) of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1734(b)(4)) is amended by inserting 
``with respect to agreements entered into under this Act (other than 
section 417),'' after ``(4)''.
    (c) Section 406(d) of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1736(d)) is amended by inserting 
``(other than section 417)'' after ``this Act''.
    (d) Section 408 of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by inserting 
``(other than section 417)'' after ``this Act''.
    (e) Section 412(b)(1) of the Agricultural Trade Development and 
Assistance Act of 1954 (7 U.S.C. 1736f(b)(1)) is amended by inserting 
``(other than section 417)'' after ``this Act'' each place it appears.
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