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

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

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.

END