[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2421 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2421

To amend the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to 
       reform the Food for Peace Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2014

 Mr. Corker (for himself and Mr. Coons) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To amend the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to 
       reform the Food for Peace Program, 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.

    This Act may be cited as the ``Food for Peace Reform Act of 2014''.

SEC. 2. FOOD FOR PEACE PROGRAM.

    Title XII of chapter 2 of part I of the Foreign Assistance Act of 
1961 (22 U.S.C. 2220a et seq.) is amended--
            (1) by redesignating section 300 (22 U.S.C. 2220e) as 
        section 300A; and
            (2) by inserting after section 299 (22 U.S.C. 2220d) the 
        following:

``SEC. 300. FOOD FOR PEACE PROGRAM.

    ``(a) Establishment.--There is established in the United States 
Agency for International Development (referred to in this section as 
the `Agency') a food assistance program, which shall be known as the 
`Food for Peace Program'.
    ``(b) Emergency Assistance.--Notwithstanding any provision of law 
that prohibits or otherwise unduly restricts the Administrator of the 
Agency (referred to in this Act as the `Administrator') from carrying 
out the activities authorized under this section, the Administrator, 
under the Food for Peace Program, is authorized to provide assistance, 
consistent with this section, including through the provision of 
agricultural commodities produced in the United States or acquired 
through local or regional procurement (including products derived from 
agricultural commodities), funds, and vouchers to meet emergency food 
needs arising from manmade and natural disasters, including famines and 
other food crises.
    ``(c) Nonemergency Assistance.--
            ``(1) Objectives.--Notwithstanding section 55305 of title 
        46, United States Code, the Administrator, under the Food for 
        Peace Program, is authorized to provide assistance, directly or 
        through eligible organizations described in paragraph (2), and 
        consistent with this section, including through the provision 
        of agricultural commodities produced in the United States or 
        acquired through local or regional procurement (including 
        products derived from agricultural commodities), funds, and 
        vouchers to carry out nonemergency food security programs in 
        foreign countries to achieve any of the following objectives:
                    ``(A) Combating malnutrition, especially in 
                infants, children, and mothers, including through 
                appropriate health interventions directly related to 
                alleviating or preventing malnutrition.
                    ``(B) Addressing hunger needs.
                    ``(C) Mitigating food crises, particularly with 
                respect to vulnerable populations.
                    ``(D) Promoting resilient food security through 
                integrated and holistic programs that--
                            ``(i) improve agricultural productivity;
                            ``(ii) diversify incomes for vulnerable 
                        populations within the agricultural and other 
                        related sectors to reduce food insecurity;
                            ``(iii) enhance community and other 
                        development activities significantly linked to 
                        agricultural activities; and
                            ``(iv) improve environmental practices.
            ``(2) Eligible organizations.--An organization is eligible 
        to receive assistance under paragraph (1) if the organization 
        is--
                    ``(A) a private voluntary organization or 
                cooperative that is registered with the Administrator;
                    ``(B) directly supervised by an organization 
                described in subparagraph (A); or
                    ``(C) an intergovernmental organization, such as 
                the World Food Program.
    ``(d) Minimum Funding for Nonemergency Assistance.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), of the amounts made available to carry out emergency and 
        nonemergency food assistance programs under this section, not 
        less than 20 percent nor more than 30 percent shall be expended 
        for each fiscal year to carry out subsection (c).
            ``(2) Minimum level.--The amount made available to carry 
        out subsection (c) shall not be less than $375,000,000 for any 
        fiscal year.
            ``(3) Waiver.--The Administrator may waive the requirements 
        under paragraphs (1) and (2) after certifying to the 
        appropriate congressional committees that--
                    ``(A)(i) additional funds are required to provide 
                food assistance to meet an urgent humanitarian need; 
                and
                    ``(ii) other sources of funds authorized for use in 
                emergency situations have already been obligated;
                    ``(B) additional funds subject to the waiver under 
                this paragraph are--
                            ``(i) first paid from unobligated funds; 
                        and
                            ``(ii) only paid from obligated funds if 
                        the additional funds are necessary to meet an 
                        urgent and compelling humanitarian need; and
                    ``(C) if the urgent humanitarian need is reasonably 
                expected to continue beyond the fiscal year during 
                which the need began, the budget request of the 
                President for the subsequent fiscal year will include a 
                request for emergency food assistance funding 
                authorized under subsection (b) to account for the 
                additional funds required to address the need.
            ``(4) Replenishment.--If the Administrator waives the 
        requirement described in paragraph (1), pursuant to paragraph 
        (3), the Administrator may expend funds authorized under 
        section 302 of the Agricultural Act of 1980 (7 U.S.C. 1736f-1) 
        in an amount equal to the total amount of funds subject to the 
        waiver to provide assistance under subsection (c).
    ``(e) Description of Intended Uses.--A proposal submitted by any 
eligible organization to enter into an agreement for a nonemergency 
food assistance agreement program with the Administrator under 
subsection (c) shall include--
            ``(1) a description of the proposed program;
            ``(2) a description of the manner in which the proposed 
        program would address 1 or more of the objectives described in 
        subsection (c) in the region in which the proposed program is 
        to be implemented;
            ``(3) the amount of funds requested;
            ``(4) a description of any agricultural commodities and 
        products derived from agricultural commodities that would be 
        used to implement the proposed program;
            ``(5) a description of the manner in which the organization 
        would work with indigenous institutions and communities to 
        carry out the proposed program;
            ``(6) a description of the proposed output impact and other 
        indicators that would be used to--
                    ``(A) monitor the progress of the proposed program; 
                and
                    ``(B) assist in determining whether the activities 
                funded under the proposed program are achieving program 
                objectives;
            ``(7) a description of proposed baseline data--
                    ``(A) that would be collected, to the maximum 
                extent practicable; and
                    ``(B) against which indicators can be measured; and
            ``(8) a plan for measuring and reporting progress towards 
        achieving program objectives, outcomes, and other indicators.
    ``(f) Food Aid Consultative Group.--
            ``(1) Establishment.--There is established the Food Aid 
        Consultative Group (referred to in this section as the 
        `Group'), which--
                    ``(A) shall meet regularly; and
                    ``(B) may organize into subcommittees, as 
                appropriate, to review and address issues concerning--
                            ``(i) the effectiveness of the regulations 
                        and procedures that govern food assistance 
                        programs established and implemented under this 
                        section; and
                            ``(ii) the implementation of other 
                        provisions of this section that may involve 
                        eligible organizations described in subsection 
                        (c).
            ``(2) Membership.--The Group shall be composed of--
                    ``(A) the Administrator;
                    ``(B) the Under Secretary of Agriculture for Farm 
                and Foreign Agricultural Services;
                    ``(C) the Inspector General of the Agency;
                    ``(D) a representative of each private voluntary 
                organization and cooperative participating in a program 
                under this section, or receiving planning assistance 
                funds from the Agency to establish programs under this 
                section;
                    ``(E) representatives from African, Asian, and 
                Latin American indigenous nongovernmental organizations 
                determined appropriate by the Administrator;
                    ``(F) representatives from agricultural producer 
                groups in the United States;
                    ``(G) representatives from the United States 
                agricultural processing sector involved in providing 
                agricultural commodities for programs under this 
                section;
                    ``(H) representatives from the maritime 
                transportation sector involved in transporting 
                agricultural commodities overseas for programs under 
                this section; and
                    ``(I) nutrition science experts from academia and 
                nongovernmental organizations.
            ``(3) Chairperson.--The Administrator shall be the 
        chairperson of the Group.
            ``(4) Consultations.--Not later than 45 days before a 
        proposed regulation, handbook, or guideline implementing this 
        section, or a proposed significant revision to a regulation, 
        handbook, or guideline implementing this section, becomes 
        final, the Administrator shall provide the proposal to the 
        Group for review and comment.
            ``(5) Coordination and oversight.--
                    ``(A) In general.--The Administrator shall work 
                within the Group to take the actions described in 
                subsection (B) to increase coordination and oversight 
                of food assistance programs established and implemented 
                under this Act, with a primary focus on improving 
                quality control and cost effectiveness.
                    ``(B) Actions described.--The actions referred to 
                in subparagraph (A) are the following:
                            ``(i) Explore and test options for improved 
                        packaging and storage of products to improve 
                        shelf life, promote recommended usage by 
                        intended beneficiaries, and oversee field-
                        testing of products.
                            ``(ii) Work closely with the Department of 
                        Agriculture, to undertake reforms in commodity 
                        acquisition and supply chain management, 
                        drawing on best commercial practices for vendor 
                        selection, quality assurance standards, overall 
                        management of the supply chain, and auditing of 
                        food aid commodity suppliers.
                            ``(iii) Develop mechanisms and partnerships 
                        to facilitate more private sector development 
                        and innovation in food aid products, packaging, 
                        and delivery in order to improve the cost-
                        effectiveness, nutritional quality, and overall 
                        acceptability of the product.
                            ``(iv) Provide guidance to implementing 
                        partners on whether and how best to use food 
                        aid commodities, such as new specialized food 
                        products, including guidance on targeting 
                        strategies to ensure that the products reach 
                        their intended recipients.
                            ``(v) Work to strengthen the monitoring of 
                        commodity quality, as appropriate, by 
                        identifying and tracking key quality indicators 
                        to determine the full extent of quality 
                        problems, including emerging concerns.
                            ``(vi) Establish processes and system-wide 
                        protocols for effective monitoring and 
                        evaluation of impact, to inform improved 
                        program design, and to address improvements in 
                        cost-effectiveness.
            ``(6) Advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Group.
    ``(g) Administrative Provisions.--
            ``(1) Food aid quality.--
                    ``(A) In general.--The Administrator shall use 
                funds made available to carry out the Food for Peace 
                Program authorized under this section--
                            ``(i) to assess the types and quality of 
                        agricultural commodities and products donated 
                        for food aid;
                            ``(ii) to adjust products and formulations 
                        (including the potential introduction of new 
                        fortificants and products) as necessary to 
                        cost-effectively meet nutrient needs of target 
                        populations;
                            ``(iii) to test prototypes;
                            ``(iv) to adopt new specifications, or to 
                        improve existing specifications, for 
                        micronutrient fortified food aid products, 
                        based on the latest developments in food and 
                        nutrition science, and in coordination with 
                        other international partners;
                            ``(v) to develop new program guidance to 
                        facilitate improved matching of products to 
                        purposes having nutritional intent, in 
                        coordination with other international partners;
                            ``(vi) to develop improved guidance for 
                        implementing partners on how to address 
                        nutritional deficiencies that emerge among 
                        recipients for whom food assistance is the sole 
                        source of diet in emergency programs that 
                        extend beyond 1 year, in coordination with 
                        other international partners; and
                            ``(vii) to evaluate, in appropriate 
                        settings and as necessary, the performance and 
                        cost-effectiveness of new or modified 
                        specialized food products and program 
                        approaches designed to meet the nutritional 
                        needs of the most vulnerable groups, such as 
                        pregnant and lactating mothers, and children 
                        younger than 5 years of age.
                    ``(B) Administration.--In carrying out subparagraph 
                (A), the Administrator--
                            ``(i) shall consult with independent 
                        entities with proven expertise in food aid 
                        commodity quality enhancements;
                            ``(ii) may enter into contracts to obtain 
                        the services of the entities described in 
                        clause (i); and
                            ``(iii) shall consult with the Food Aid 
                        Consultative Group established under subsection 
                        (f).
            ``(2) Freight procurement.--Notwithstanding division C of 
        subtitle I of title 41, United States Code, or other similar 
        provisions of law relating to the making or performance of 
        Federal Government contracts, ocean transportation authorized 
        under this section may be procured on the basis of full and 
        open competitive procedures. Resulting contracts may contain 
        such terms and conditions as the Administrator determines to be 
        necessary and appropriate.
            ``(3) Limitation.--No assistance shall be made available 
        through the Food for Peace Program under this section unless 
        the Administrator determines that the provision of the 
        agricultural commodity in the recipient country would not--
                    ``(A) result in a substantial disincentive to, or 
                interference with, the domestic production or marketing 
                of agricultural commodities in the recipient country; 
                or
                    ``(B) have a disruptive impact on the agricultural 
                producers or the local economy of the recipient 
                country.
            ``(4) Effect on sales of united states agricultural 
        commodities.--In carrying out the Food for Peace Program under 
        this section, the Administrator shall take reasonable 
        precautions to avoid displacing any sales of United States 
        agricultural commodities that the Administrator determines 
        would otherwise occur.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated, for fiscal year 2014 and each fiscal year thereafter, 
$2,400,000,000, which shall be used to carry out the Food for Peace 
Program established under this section.''.

SEC. 3. CHANGES TO EXISTING LAW.

    (a) In General.--Title II of the Food for Peace Act (7 U.S.C. 1721 
et seq.) is repealed.
    (b) Funding.--Funds made available to carry out title II of the 
Food for Peace Act (7 U.S.C. 1721 et seq.) that are unobligated as of 
the day before the date of enactment of this Act are authorized to be 
appropriated for the purposes of carrying out section 300 of the 
Foreign Assistance Act of 1961, as amended by section 2.
    (c) Conforming Amendments.--
            (1) Section 416(b) of the Agricultural Act of 1949 (7 
        U.S.C. 1431(b)) is amended--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``titles II and III of the Food for Peace 
                Act'' and inserting ``section 300 of the Foreign 
                Assistance Act of 1961 and title III of the Food for 
                Peace Act''; and
                    (B) in paragraph (7)(D)(iii), in the second 
                sentence, by striking ``titles II and III of the Food 
                for Peace Act'' and inserting ``section 300 of the 
                Foreign Assistance Act of 1961 and title III of the 
                Food for Peace Act''.
            (2) Section 3206(a)(4)(A)) of the Food, Conservation, and 
        Energy Act of 2008 (7 U.S.C. 1726c(a)(4)(A) is amended by 
        inserting ``(as in effect on the day before the date of 
        enactment of the Food for Peace Reform Act of 2014'') before 
        ``; and''.
            (3) Section 407(f)(1)(B) of the Food for Peace Act (7 
        U.S.C. 1736a(f)(1)(B)) is amended--
                    (A) in clause (iv), by inserting ``and'' after the 
                semicolon at the end;
                    (B) by striking clauses (v) and (vi); and
                    (C) by redesignating clause (vii) as clause (v).
            (4) Section 302 of the Bill Emerson Humanitarian Trust Act 
        (7 U.S.C. 1736f-1) is amended--
                    (A) in subsection (b)(2)(B)(i), by striking ``Food 
                for Peace Act (7 U.S.C. 1691 et seq.)'' and inserting 
                ``section 300 of the Foreign Assistance Act of 1961'';
                    (B) in subsection (c)(1)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i), by striking 
                                ``title II of the Food for Peace Act (7 
                                U.S.C. 1721 et seq.)'' and inserting 
                                ``section 300 of the Foreign Assistance 
                                Act of 1961''; and
                                    (II) in clause (ii), by striking 
                                ``title II of that Act'' and inserting 
                                ``section 300 of the Foreign Assistance 
                                Act of 1961'';
                            (ii) in subparagraph (C), by striking 
                        ``title II of that Act (7 U.S.C. 1721 et 
                        seq.)'' and inserting ``section 300 of the 
                        Foreign Assistance Act of 1961''; and
                            (iii) in subparagraph (D), by striking 
                        ``under section 204(a)(3) of the Food for Peace 
                        Act (7 U.S.C. 1724(a)(3))'';
                    (C) in subsection (e)(1), by striking ``Food for 
                Peace Act (7 U.S.C. 1691 et seq.)'' and inserting 
                ``section 300 of the Foreign Assistance Act of 1961''; 
                and
                    (D) in subsection (f)(2)(A), by striking ``Food for 
                Peace Act (7 U.S.C. 1691 et seq.)'' and inserting 
                ``section 300 of the Foreign Assistance Act of 1961''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of the Congress that the United States Merchant 
Marine--
            (1) is a critical component of our Nation's military and 
        economic security;
            (2) consists of a fleet of private, merchant ships that are 
        registered in the United States and provide domestic and 
        international transportation for passengers and cargo; and
            (3) with the dedicated crews of mariners that operate the 
        fleet, is an essential part of defense capacity in times of 
        peace and in times of war.
                                 <all>