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