H.R. 2844 (110th): Food Security and Agricultural Development Act of 2007

110th Congress, 2007–2009. Text as of Jun 25, 2007 (Reported by House Committee).

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IB

Union Calendar No. 165

110th CONGRESS

1st Session

H. R. 2844

[Report No. 110–257, Part I]

IN THE HOUSE OF REPRESENTATIVES

June 25, 2007

introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

July 23, 2007

Additional sponsors: Mr. Smith of New Jersey and Ms. Jackson-Lee of Texas

July 23, 2007

Reported from the Committee on Foreign Affairs with an amendment

Strike out all after the enacting clause and insert the part printed in italic

Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on June 25, 2007

A BILL

To promote United States emergency and non-emergency food and other assistance programs, to promote United States agricultural export programs, and for other purposes.

1.

Short title and table of contents

(a)

Short title

This Act may be cited as the Food Security and Agricultural Development Act of 2007.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

Title I—United States emergency and non-emergency food and other assistance programs

Subtitle A—Agricultural Trade Development and Assistance Act of 1954

Sec. 101. United States policy.

Sec. 102. General authority.

Sec. 103. Provision of agricultural commodities.

Sec. 104. Generation and use of currencies by private voluntary organizations and cooperatives.

Sec. 105. Levels of assistance.

Sec. 106. Food Aid Consultative Group.

Sec. 107. Administration.

Sec. 108. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.

Sec. 109. Administrative provisions.

Sec. 110. Expiration date.

Sec. 111. Authorization of appropriations.

Sec. 112. Coordination and integration of foreign assistance programs.

Sec. 113. Micronutrient fortification programs.

Sec. 114. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.

Subtitle B—Related statutes and other provisions

Sec. 121. Bill Emerson Humanitarian Trust.

Sec. 122. McGovern-Dole International Food for Education and Child Nutrition Program.

Sec. 123. International disaster assistance under the Foreign Assistance Act of 1961.

Sec. 124. Report on efforts to improve procurement planning.

Title II—United States agricultural export programs

Sec. 201. Export credit guarantee program.

Sec. 202. Market access program.

Sec. 203. Export enhancement program.

Sec. 204. Assistance to address sanitary and phytosanitary barriers to trade.

Sec. 205. Foreign market development cooperator program.

Sec. 206. Emerging markets and facility guarantee loan program.

Sec. 207. Food for Progress Act of 1985.

Title III—Miscellaneous provisions

Sec. 301. Technical assistance for specialty crops.

Sec. 302. Support for sanitary and phytosanitary priorities of the United States within certain international organizations.

Sec. 303. Technical assistance for the resolution of trade disputes.

Sec. 304. Sense of Congress concerning the Global Crop Diversity Trust.

Sec. 305. Technical and conforming amendments.

Sec. 306. Rule of construction.

2.

Findings and purposes

(a)

Findings

Congress makes the following findings:

(1)

The United Nations Food and Agricultural Organization reports, that in 2006, an estimated 850,000,000 people in the world, with 824,000,000 in developing countries, were chronically hungry.

(2)

The largest concentrations of the chronically hungry—an estimated 298,000,000 individuals—are in South Asia, with most of those individuals concentrated in India, where there are an estimated 212,000,000 undernourished individuals, and in sub-Saharan Africa, where there are an estimated 206,000,000 hungry people.

(3)

The number of food and humanitarian emergencies has doubled from an average of about 15 per year in the 1980s to more than 30 per year since 2000, due in large part to increasing conflicts, poverty, and natural disasters around the world. Some emergencies are exacerbated by multiple shocks, such as civil wars, recurring droughts, and endemic disease, adding to their complexity and protracting the crises for many years.

(4)

The United Nations reports that progress is being made toward reaching the Millennium Development Goal of reducing the proportion of hungry people in the world by half by 2015. In 1990, the proportion of people in the developing countries living with insufficient food was estimated to be 20 percent. By 2003, that percentage declined to 17 percent. However, from 1996 to 2006, the absolute number of hungry people increased from 790,000,000 to 850,000,000.

(5)

The number of hungry people in the most seriously affected regions of the world, namely South Asia and sub-Saharan Africa, is increasing. In sub-Saharan Africa, in 1990, there were an estimated 169,000,000 chronically-hungry people; in 2003, the number of chronically-hungry people increased to 206,000,000.

(6)

The major United States Government response to reducing hunger in developing countries is to provide United States agricultural commodities as food assistance. In fiscal year 2006, the United States provided 3,000,000 metric tons of food valued at more than $2,000,000,000 to meet emergency food needs and to support development projects in developing countries.

(7)

In 2006, the United States provided food assistance to 65 countries, more than half of which were in sub-Saharan Africa. Approximately $1,200,000,000, or 60 percent of such assistance, was provided as emergency food assistance. The United States Agency for International Development estimates that 50,000,000 to 70,000,000 people benefit from United States food assistance programs annually.

(8)
(A)

Food assistance contributed by the United States Government has totaled more than $73,000,000,000 since 1946. Over the last decade, the United States has been the single largest donor of international food assistance, with a large proportion of the assistance provided through the United Nations World Food Program and most of that assistance is for emergencies.

(B)

The United States contributed more than 52,000,000 tons of food assistance between 1996 and 2005, more than half of the nearly 100,000,000 tons of food assistance delivered worldwide in this period. In 2006, the United States contributed $1,125,000,000 or about 40 percent of total donor contributions to the World Food Program in that year.

(9)

Private voluntary organizations and cooperatives are critical implementing partners in United States food assistance programs. In addition to assisting people whose lives and livelihoods are endangered due to crises, such organizations and cooperatives help communities that suffer from chronic hunger, delivering technical assistance and training and building local institutional capacity.

(10)
(A)

Although the Farm Security and Rural Investment Act of 2002 (Public Law 107–171) called for increased levels of non-emergency food assistance in order to address chronic hunger needs and to have lasting impacts on vulnerable communities, according to the Government Accountability Office, by 2006, non-emergency food assistance programs were reduced to 42 percent of their 2001 levels.

(B)

Implementing partner organizations report that due to these reductions, such organizations have been forced to close operations in countries that are prone to emergencies and with populations that suffer from chronic hunger. As a result of such reductions, there is little opportunity to develop new programs that address food insecurity in developing countries.

(11)

Food assistance experts, advocates, and implementers have argued that distributing food commodities alone will not reduce food insecurity. Food assistance needs to be combined with other non-food resources, such as assistance to promote agricultural development, economic growth, and assistance to support education, water, and health programs, to ensure that food assistance has an impact on chronically-hungry people.

(12)

Women play an essential role in promoting food security and production throughout the world. According to the United Nations Food and Agricultural Organization, rural women are responsible for half of the world’s food production and produce between 60 and 80 percent of the food in most developing countries.

(b)

Purposes

The purposes of this Act are—

(1)

to promote United States emergency and non-emergency food and other assistance programs as described in title I of this Act in an efficient and effective manner; and

(2)

to promote United States agricultural export programs as described in title II of this Act in an efficient and effective manner.

3.

Definitions

In this Act:

(1)

Administrator

The term Administrator means the Administrator of the United States Agency for International Development.

(2)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Agriculture of the House of Representatives; and

(B)

the Committee on Agriculture, Nutrition, and Forestry of the Senate.

(3)

Secretary

The term Secretary means the Secretary of Agriculture.

I

United States emergency and non-emergency food and other assistance programs

A

Agricultural Trade Development and Assistance Act of 1954

101.

United States policy

Section 2 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691) is amended—

(1)

in paragraph (1), by inserting chronic before world.

(2)

in paragraph (5), by striking and at the end;

(3)

in paragraph (6), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following new paragraphs:

(7)

respond to emergency needs and food crises;

(8)

implement an effective and efficient food assistance program that incorporates adequate resources for both emergency and non-emergency food assistance programs; and

(9)

provide adequate resources for non-emergency food assistance programs to address the causes of chronic hunger and food insecurity, to protect the livelihoods and health of vulnerable populations, to meet the nutritional needs of all members of the community (particularly children), to prevent future hunger related emergencies, and to promote participation in productive activities.

.

102.

General authority

(a)

In general

Section 201 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721) is amended—

(1)

in paragraph (1), to read as follows:

(1)

address famine and food crises and respond to emergency food needs arising from manmade disasters, such as policy-based disasters, economic shocks, and conflict or civil strife, and natural disasters;

;

(2)

in paragraph (5), by striking and at the end;

(3)

in paragraph (6), by striking the period at the end and inserting ; and; and

(4)

by inserting at the end the following new paragraph:

(7)

promote participation in educational, training, and other productive activities.

.

(b)

Technical amendments

Such section is further amended—

(1)

by striking The President and inserting (a) Program required.—The President; and

(2)

by striking Such program and inserting the following:

(b)

Implementation

Such program

.

103.

Provision of agricultural commodities

(a)

Support for eligible organizations

Subsection (e)(1) of section 202 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1722) is amended—

(1)

in the matter preceding subparagraph (A)—

(A)

by striking 5 percent nor more than 10 percent and inserting 10 percent but not more than 12.5 percent; and

(B)

by striking to assist the organizations in and inserting to provide such organizations financial assistance in order to;

(2)

in subparagraph (A)—

(A)

by striking establishing and inserting establish; and

(B)

by striking and at the end;

(3)

in subparagraph (B)—

(A)

by striking meeting and inserting meet;

(B)

by striking management, personnel and internal transportation and distribution costs and inserting management, operational, technical, personnel and other programming costs ;

(C)

by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following new subparagraph:

(C)

improve and implement methodologies for food assistance programs, including needs assessments and monitoring and evaluation.

.

(b)

Streamlined program management

Subsection (h)(3)(B) of such section is amended by striking Committee on International Relations and inserting Committee on Foreign Affairs.

104.

Generation and use of currencies by private voluntary organizations and cooperatives

Subsection (b) of section 203 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1723) is amended by striking 1 or more recipient countries and inserting in 1 or more recipient countries.

105.

Levels of assistance

Subsection (a) of section 204 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724) is amended—

(1)

in paragraph (1), by striking 2002 through 2007 and inserting 2008 through 2012;

(2)

in paragraph (2), by striking 2002 through 2007 and inserting 2008 through 2012; and

(3)

in paragraph (3), by striking International Relations and inserting Foreign Affairs.

106.

Food Aid Consultative Group

(a)

Sense of congress on integrated and effective food assistance

Section 205 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1725) is amended—

(1)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(2)

by inserting after subsection (d) the following new subsection:

(e)

Sense of congress on integrated and effective food assistance program

It is the sense of Congress that the Group should make every effort to develop a strategy to achieve a more integrated and effective food assistance program.

.

(b)

Report to congress

Such section is further amended—

(1)

by redesignating subsections (f) and (g) (as redesignated by subsection (a)(1)) as subsections (g) and (h), respectively; and

(2)

by inserting after subsection (e) (as added by subsection (a)(2)) the following new subsection:

(f)

Report to congress

(1)

In general

Not later than 180 days after the date of the enactment of the Food Security and Agricultural Development Act of 2007, and annually thereafter until December 31, 2012, the Administrator of the United States Agency for International Development, in close consultation with the Group, shall submit to the appropriate congressional committees a report on efforts taken by the United States Agency for International Development and the Department of Agriculture to develop a strategy under this section to achieve an integrated and effective food assistance program.

(2)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Agriculture of the House of Representatives; and

(B)

the Committee on Agriculture, Nutrition, and Forestry of the Senate.

.

(c)

Termination

Such section is further amended in subsection (h) (as redesignated by subsection (b)(1)) by striking 2007 and inserting 2012.

107.

Administration

(a)

Proposals

Subsection (a)(3) of section 207 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726a) is amended by striking and the conditions that must be met for the approval of such proposal.

(b)

Regulations

Subsection (c) of such section is amended by striking paragraph (3).

(c)

Program oversight, monitoring, and evaluation

Such section is further amended by adding at the end the following new subsection:

(f)

Program oversight, monitoring, and evaluation

(1)

In general

The Administrator, in consultation with the Secretary, shall establish systems to improve, monitor, and evaluate the effectiveness and efficiency of assistance provided under this title in order to maximize the impact of such assistance.

(2)

Report to congress

Not later than 180 days after the date of enactment of Food Security and Agricultural Development Act of 2007, the Administrator shall submit to the appropriate congressional committees a report on efforts undertaken to implement paragraph (1).

(3)

Government accountability office

Not later than 270 days after the date of the submission of the report under paragraph (2), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—

(A)

reviews and comments on the report under paragraph (2); and

(B)

provides recommendations regarding any additional actions necessary to improve the monitoring and evaluation of assistance provided under this title.

(4)

Contracting authority

In carrying out this subsection, notwithstanding any other provision of law, the Administrator may contract with individuals for personal services, provided that such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission.

(5)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Agriculture of the House of Representatives; and

(B)

the Committee on Agriculture, Nutrition, and Forestry of the Senate.

.

(d)

Indirect support costs to united nations world food program

Such section is further amended by adding at the end the following new subsection:

(g)

Indirect support costs to united nations world food program

(1)

In general

Notwithstanding any other provision of law, in providing assistance under this title, the Administrator may make contributions to the United Nations World Food Program to the extent that such contributions are made in accordance with the United Nations World Food Program’s rules and regulations for indirect cost rates. Prior to making a contribution to the United Nations World Food Program under this subsection, the Administrator shall submit to the appropriate congressional committees a report that contains the proposed level of the contribution and the reasons for such proposed level.

(2)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Agriculture of the House of Representatives; and

(B)

the Committee on Agriculture, Nutrition, and Forestry of the Senate.

.

108.

Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods

Subsection (f) of section 208 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1726b) is amended by striking 2007 and inserting 2012.

109.

Administrative provisions

(a)

Prepositioning

Subsection (c)(4) of section 407 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736a) is amended—

(1)

by striking Funds and inserting:

(A)

In general

Funds

;

(2)

by striking 2007 and inserting 2012;

(3)

by striking , except that for each such fiscal year not more than $2,000,000 of such funds may be used to store agricultural commodities for prepositioning in foreign countries; and

(4)

by adding at the end the following new subparagraph:

(B)

Additional prepositioning sites

(i)

Feasibility assessment

On or after the date of the enactment of the Food Security and Agricultural Development Act of 2007, the Administrator is authorized to carry out assessments for the establishment of not less than two sites to determine the feasibility of and costs associated with using such sites for the purpose of storing and handling agricultural commodities for prepositioning in foreign countries.

(ii)

Establishment of sites

Based on the results of the assessments carried out under clause (i), the Administrator is authorized to establish additional sites for prepositioning in foreign countries.

(iii)

Authorization of appropriations

To carry out this subparagraph, there are authorized to be appropriated to the Administrator such sums as may be necessary for each of the fiscal years 2008 through 2012.

.

(b)

Annual reports

Subsection (f) of such section is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (B), by adding at the end before the semicolon the following: , and the amount of funds, tonnage levels, and types of activities for non-emergency food assistance programs under title II of this Act;

(B)

in subparagraph (C), by adding at the end before the semicolon the following: , and a general description of the projects and activities implemented; and

(C)

by amending subparagraph (D) to read as follows:

(D)

an assessment of the progress toward reducing food insecurity in the populations receiving food assistance from the United States.

; and

(2)

in paragraph (3), by striking January 15 and inserting March 1.

110.

Expiration date

Section 408 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736b) is amended by striking 2007 and inserting 2012.

111.

Authorization of appropriations

Subsection (a) of section 412 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f) is amended to read as follows:

(a)

Authorization of appropriations

(1)

In general

For each of the fiscal years 2008 through 2012, there are authorized to be appropriated to the President—

(A)

such sums as may be necessary to carry out the concessional credit sales program established under title I;

(B)

$2,500,000,000 to carry out the emergency and non-emergency food assistance programs under title II; and

(C)

such sums as may be necessary to carry out the grant program established under title III.

(2)

Minimum level of non-emergency food assistance

For each of the fiscal years 2008 through 2012, of the amounts made available to carry out emergency and non-emergency food assistance programs under title II, not less than $600,000,000 for each such fiscal year shall be obligated and expended for non-emergency food assistance programs under title II.

(3)

Reimbursement

For each of the fiscal years 2008 through 2012, there are authorized to be appropriated such sums as may be necessary to make payments to the Commodity Credit Corporation to the extent the Commodity Credit Corporation is not reimbursed under the programs under this Act for the actual costs incurred or to be incurred by such Corporation in carrying out such programs.

(4)

Availability

Amounts appropriated pursuant to the authorization of appropriations under this subsection are—

(A)

authorized to remain available until expended; and

(B)

in addition to funds otherwise available for such purposes.

.

112.

Coordination and integration of foreign assistance programs

(a)

In general

Section 413 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736g) is amended—

(1)

by striking the first sentence and inserting the following: The Administrator shall, to the maximum extent practicable, coordinate and integrate assistance to a foreign country provided under title III with other United States development assistance programs and objectives provided under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), including assistance to combat HIV/AIDS, tuberculosis, and malaria, assistance for child and maternal health, assistance for education, and assistance for agricultural development and economic growth. Such assistance shall also be coordinated and integrated with other United States foreign assistance programs, such as the Millennium Challenge Account. Such assistance shall also be coordinated and integrated with the overall development strategy of the recipient country, including the poverty reduction strategy of the recipient country, and in the recipient country with other donors, including international and regional organizations and other donor countries.; and

(2)

by striking Special emphasis should be placed on and inserting Special consideration should be given to.

(b)

Conforming amendment

The heading for such section is amended by inserting and integration after coordination.

113.

Micronutrient fortification programs

(a)

Purpose

Subsection (a)(2)(C) of section 415 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736g–2) is amended—

(1)

by striking using the same mechanism that was used to assess the micronutrient fortification program in and inserting utilizing recommendations from; and

(2)

by striking with funds from the Bureau for Humanitarian Response of the United States Agency for International Development and inserting with implementation by an independent entity with proven impartiality and a mechanism that incorporates the range of stakeholders implementing programs under title II of this Act as well as other food assistance industry experts.

(b)

Termination of authority

Subsection (d) of such section is amended by striking 2007 and inserting 2012.

114.

John Ogonowski and Doug Bereuter Farmer-to-Farmer Program

(a)

Minimum funding

Subsection (d) of section 501 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1737) is amended by striking 2002 through 2007 and inserting 2008 through 2012.

(b)

Authorization of appropriations

Subsection (e)(1) of such section is amended by striking 2002 through 2007 and inserting 2008 through 2012.

B

Related statutes and other provisions

121.

Bill Emerson Humanitarian Trust

(a)

In general

Subsection (a) of section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended by inserting after metric tons the following: , an amount of funds equivalent to 4,000,000 metric tons of commodities, or any combination of commodities and funds equivalent to 4,000,000 metric tons.

(b)

Commodities or funds in trust

Subsection (b)(2)(B)(i) of such section is amended—

(1)

by striking 2000 through 2007 each place it appears and inserting 2008 through 2012; and

(2)

by striking $20,000,000 and inserting $60,000,000.

(c)

Termination of authority

Subsection (h) of such section is amended in paragraphs (1) and (2) by striking 2007 each place it appears and inserting 2012.

122.

McGovern-Dole International Food for Education and Child Nutrition Program

(a)

Administration of program

Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) is amended—

(1)

in subsection (d), in the matter preceding paragraph (1), by striking The President shall designate 1 or more Federal agencies to and inserting The Secretary shall;

(2)

in subsection (f)(2), in the matter preceding subparagraph (A), by striking implementing agency and inserting Secretary; and

(3)

in subsections (c)(2)(B), (f)(1), (h)(1) and (2), and (i), by striking President each place it appears and inserting Secretary.

(b)

Funding

Subsection (l) of such section is amended—

(1)

by striking paragraphs (1) and (2) and inserting the following:

(1)

Use of commodity credit corporation funds

Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section—

(A)

$140,000,000 for fiscal year 2008;

(B)

$180,000,000 for fiscal year 2009;

(C)

$220,000,000 for fiscal year 2010;

(D)

$260,000,000 for fiscal year 2011; and

(E)

$300,000,000 for fiscal year 2012.

;

(2)

by redesignating paragraph (3) as paragraph (2); and

(3)

in paragraph (2) (as redesignated by paragraph (2)), by striking any Federal agency implementing or assisting and inserting the Department of Agriculture or any other Federal department or agency assisting.

123.

International disaster assistance under the Foreign Assistance Act of 1961

(a)

Sense of congress

It is the sense of Congress that the President, acting through the Administrator, should exercise the President’s authority under section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) to purchase and to distribute to a recipient country agricultural commodities produced—

(1)

in the recipient country, or

(2)

in developing countries in the region of the recipient country,

for the purposes of famine prevention and relief.
(b)

Availability of funding for famine prevention and relief

For each of the fiscal years 2008 through 2012, of the amounts made available to carry out section 491 of the Foreign Assistance Act of 1961, not less than $40,000,000 for each such fiscal year shall be made available for the purposes of famine prevention and relief under such section.

124.

Report on efforts to improve procurement planning

(a)

Report required

Not later than 90 days after the date of the enactment of this Act, the Administrator and the Secretary shall submit to the appropriate congressional committees a report on efforts taken by both the United States Agency for International Development and the Department of Agriculture to improve planning for food and transportation procurement, including efforts to eliminate bunching of food purchases.

(b)

Contents

The report required under subsection (a) should include, among other things, a description of efforts taken to—

(1)

improve coordination of food purchases by the United States Agency for International Development and the Department of Agriculture;

(2)

increase flexibility in procurement schedules;

(3)

increase utilization of historical analyses and forecasting; and

(4)

improve and streamline legal claims processes for resolving transportation disputes.

II

United States agricultural export programs

201.

Export credit guarantee program

(a)

Repeal of supplier credit guarantee program and intermediate export credit guarantee program

(1)

Repeals

Section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended—

(A)

in subsection (a)—

(i)

in paragraph (1), by striking (1) and all that follows through The Commodity and inserting The Commodity; and

(ii)

by striking paragraphs (2) and (3);

(B)

by striking subsections (b) and (c); and

(C)

by redesignating subsections (d) through (l) as subsections (b) through (j), respectively.

(2)

Conforming amendments

Such section is further amended—

(A)

in subsection (b)(4) (as redesignated by paragraph (1)(C)), by striking , consistent with the provisions of subsection (c);

(B)

in subsection (d) (as redesignated by paragraph (1)(C))—

(i)

by striking (1) and all that follows through The Commodity and inserting The Commodity; and

(ii)

by striking paragraph (2); and

(C)

in subsection (g)(2) (as redesignated by paragraph (1)(C)), by striking subsections (a) and (b) and inserting subsection (a).

(b)

Process and high-value products

Section 202 of such Act (7 U.S.C. 5622) is amended in paragraph (1) of subsection (i) (as redesignated by subsection (a)(1)(C)) by striking 2007 and inserting 2012.

(c)

Export credit guarantee programs

Subsection (b) of section 211 of such Act (7 U.S.C. 5641) is amended to read as follows:

(b)

Export credit guarantee programs

The Commodity Credit Corporation shall make available, to the maximum extent practicable, for each of fiscal years 2008 through 2012 not less than $5,500,000,000 in credit guarantees under section 202(a).

.

202.

Market access program

(a)

Organic commodities

Subsection (a) of section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is amended by inserting after agricultural commodities the following: (including commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502))).

(b)

Funding

Subsection (c)(1)(A) of section 211 of such Act (7 U.S.C. 5641) is amended by striking , and $200,000,000 for each of fiscal years 2006 and 2007 and inserting $200,000,000 for each of fiscal years 2006 and 2007, and $225,000,000 for each of fiscal years 2008 through 2012.

203.

Export enhancement program

Subsection (e) of section 301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is amended by striking paragraph (1) and inserting the following:

(1)

In general

The Commodity Credit Corporation shall make available to carry out the program established under this section not more than $478,000,000 for each of fiscal years 2008 through 2012.

.

204.

Assistance to address sanitary and phytosanitary barriers to trade

Title III of the Agricultural Trade Act of 1978 (7 U.S.C. 5651 et seq.) is amended by adding at the end the following new section:

304.

Assistance to address sanitary and phytosanitary barriers to trade

(a)

Assistance authorized

The Secretary is authorized to enter into contracts with technical experts and scientists, or provide grants to appropriate entities, as determined by the Secretary, to address sanitary, phytosanitary, and technical barriers to the export of United States agricultural commodities, including meat, poultry, and specialty crops, by—

(1)

contracting with technical experts and scientists outside of the Federal government to address sanitary and phytosanitary issues, and other issues regarding technical barriers, involving agricultural commodities and the products of such agricultural commodities; and

(2)

commissioning targeted outside scientific reports on sanitary and phytosanitary issues, and other issues regarding technical barriers, involving agricultural commodities and the products of such agricultural commodities.

(b)

Targeted trade issues

Projects funded under this section may include projects relating to the acceptance by foreign markets of—

(1)

antimicrobial treatments;

(2)

wood-packaging material;

(3)

irradiation;

(4)

biotechnology;

(5)

science-based maximum residue level standards;

(6)

testing procedures and controls for mycotoxins;

(7)

labeling; and

(8)

shelf life.

(c)

Funding

(1)

Commodity credit corporation

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.

(2)

Funding amount

The Secretary shall use, to the maximum extent practicable, $2,000,000 of the funds of the Commodity Credit Corporation to carry out this section for each of fiscal years 2008 through 2012.

.

205.

Foreign market development cooperator program

(a)

Foreign market development cooperator program

Subsection (c) of section 702 of the Agricultural Trade Act of 1978 (7 U.S.C. 5722) is amended by striking Committee on International Relations and inserting Committee on Foreign Affairs.

(b)

Funding

Section 703 of such Act (7 U.S.C. 5723) is amended—

(1)

in subsection (a), by striking 2002 through 2007 and inserting 2008 through 2012; and

(2)

in subsection (b), by striking 2001 and inserting 2007.

206.

Emerging markets and facility guarantee loan program

(a)

Promotion of agricultural exports to emerging markets

Subsections (a) and (d)(1)(A)(i) of section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking 2007 each place it appears and inserting 2012.

(b)

Facility guarantee loan program

Such section is further amended—

(1)

in subsection (b)—

(A)

in the first sentence, by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;

(B)

by striking A portion and inserting the following:

(1)

In general

A portion

;

(C)

in the second sentence—

(i)

by striking The Commodity Credit Corporation and inserting the following:

(2)

Priority

The Commodity Credit Corporation

; and

(ii)

by moving the margins of subparagraphs (A) and (B) two ems to the right; and

(D)

by adding at the end the following:

(3)

Initial payment

The Secretary may require an initial down payment, upon such terms as the Secretary may determine, by the beneficiary of the credit guarantee as a condition of providing a credit guarantee under this subsection.

(4)

Maximum liability

The liability of the Commodity Credit Corporation under a guarantee provided pursuant to this section may not exceed 98 percent of—

(A)

the principal amount involved in the underlying financial arrangement for construction of the facility; and

(B)

the interest on the outstanding principal amount at the rate specified in the underlying financial arrangement for construction of the facility.

(5)

Term of guarantee

A facility payment guarantee under this subsection shall be for a term that is not more than the lesser of—

(A)

the term of the depreciation schedule of the facility assisted; or

(B)

a maximum period, as determined by the Secretary.

.

207.

Food for Progress Act of 1985

(a)

Provision of eligible commodities to developing countries

Subsection (f)(3) of the Food for Progress Act of 1985 (7 U.S.C. 1736o; section 1110 of the Food Security Act of 1985) is amended by striking 1996 through 2007 and inserting 2008 through 2012.

(b)

Minimum tonnage

Subsection (g) of such Act is amended—

(1)

by striking 400,000 and inserting 500,000; and

(2)

by striking 2002 through 2007 and inserting 2008 through 2012.

(c)

Report

Subsection (j)(3) of such Act is amended by inserting and the Committee on Foreign Affairs after Committee on Agriculture the first place such term appears.

(d)

Effective and termination dates

Subsection (k) of such Act is amended by striking 2007 and inserting 2012.

(e)

Administrative expenses

Subsection (l)(1) of such Act is amended by striking 1996 through 2007 and inserting 2008 through 2012.

(f)

Program management

Subsection (n)(2)(C) of such Act is amended, by striking Committee on International Relations and inserting Committee on Foreign Affairs.

III

Miscellaneous provisions

301.

Technical assistance for specialty crops

(a)

Additional requirements

Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following new subsection:

(d)

Additional requirements

(1)

Maximum award

The maximum amount of assistance provided annually to a project under the program shall be $500,000.

(2)

Project duration

The Secretary may extend a project under the program irrespective of the initial estimated duration of the project.

.

(b)

Funding

Such section is further amended in subsection (e) (as redesignated by subsection (a)(1)), to read as follows:

(e)

Funding

(1)

Commodity credit corporation

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.

(2)

Funding amount

The Secretary shall make available the following amounts of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, to the maximum extent practicable, for the following fiscal years to carry out this section:

(A)

$4,000,000 for fiscal year 2008.

(B)

$6,000,000 for fiscal year 2009.

(C)

$8,000,000 for fiscal year 2010.

(D)

$10,000,000 for each of fiscal years 2011 through 2015.

.

302.

Support for sanitary and phytosanitary priorities of the United States within certain international organizations

(a)

Support authorized

The Secretary of Agriculture is authorized to enhance United States support for international organizations, including international organizations described in subsection (b), that establish international standards regarding food, food safety, plants, and animals by funding additional positions of associate professional officers to address sanitary and phytosanitary priorities of the United States within such international organizations. The Secretary shall carry out this subsection pursuant to the authority of the Secretary under section 1458(a)(3) of the Food and Agriculture Act of 1977 (7 U.S.C. 3291(a)(3)).

(b)

International organizations described

The international organizations referred to in subsection (a) are the Food and Agriculture Organization, the Codex Alimentarius Commission, the International Plant Protection Convention, and the World Organization for Animal Health.

303.

Technical assistance for the resolution of trade disputes

(a)

Technical assistance authorized

The Secretary of Agriculture is authorized to provide monitoring, analytic support, and other technical assistance to limited-resource persons and organizations associated with agricultural trade (as determined by the Secretary) to address unfair trade practices of foreign countries, including intellectual property right violations, and to reduce trade barriers.

(b)

Authorization of appropriations

To carry out this section, there are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012.

304.

Sense of Congress concerning the Global Crop Diversity Trust

(a)

Findings

Congress finds the following:

(1)

Crop diversity—the natural diversity exhibited in the array of varieties in every crop—is one of the world’s least recognized, but most valuable resources. It provides the genetic building blocks for adapting crops to constantly evolving pests, diseases, and changing climates. Without crop diversity, agriculture cannot retain current productivity levels and cannot meet anticipated future challenges associated with population growth and global warming.

(2)

Currently, much of the world’s crop diversity is neither safely conserved, nor readily available to scientists and farmers who rely on it to safeguard agricultural productivity.

(3)

The Global Crop Diversity Trust, an independent organization created by the United Nations Food and Agricultural Organization in conjunction with the 2001 International Treaty on Plant Genetic Resources, is the only organization working globally to solve the problem of protecting crop diversity. The Global Crop Diversity Trust became a legal entity at the end of 2004, but has already raised $135,000,000 from a broad alliance of partners, including developed and developing countries, private corporations, and philanthropic foundations, including a joint initiative with the United Nations Foundation funded by The Bill and Melinda Gates Foundation.

(4)

The United States was an early supporter of the Global Crop Diversity Trust, and has so far contributed $6,500,000 to the Global Crop Diversity Trust. Robust involvement of the United States in the Global Crop Diversity Trust ensures significant benefits to United States farmers.

(b)

Sense of congress

It is the sense of Congress that the President should provide significant United States financial resources to the Global Crop Diversity Trust to ensure the conservation of crop diversity which can yield significant benefits to United States farmers.

305.

Technical and conforming amendments

Subsection (a) of section 3206 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5603a) is amended by striking Committee on International Relations and inserting Committee on Foreign Affairs.

306.

Rule of construction

Nothing in this Act or any amendment made by this Act shall be construed to supersede the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).

July 23, 2007

Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed