II

107TH CONGRESS

1ST SESSION S. 1036

To amend the Agricultural Trade Development and Assistance Act of 1954

to establish an international food for education and child nutrition program.

IN THE SENATE OF THE UNITED STATES

JUNE 13, 2001

Mr. HARKIN (for himself, Mr. LEAHY, Mr. DURBIN, Mr. DEWINE, Mr. DORGAN, Mr. DASCHLE, Mr. KOHL, Mr. LUGAR, Mr. KENNEDY, Mr. JOHNSON, Mr. CONRAD, Ms. LANDRIEU, and Mr. DAYTON) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Agricultural Trade Development and Assistance Act of 1954 to establish an international food for

education and child nutrition program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘George McGovern-Rob5 ert Dole International Food for Education and Child Nu6 trition Act of 2001’’.
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1 SEC. 2. INTERNATIONAL FOOD FOR EDUCATION AND CHILD

2 NUTRITION.

3 Title IV of the Agricultural Trade Development and

4 Assistance Act of 1954 (7 U.S.C. 1731 et seq.) is amended

5 by adding at the end the following:

6 ‘‘SEC. 417. INTERNATIONAL FOOD FOR EDUCATION AND

7 CHILD NUTRITION.

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) ELIGIBLE COMMODITY.—The term ‘eligible

10 commodity’ means—

11 ‘‘(A) an agricultural commodity; and

12 ‘‘(B) a vitamin or mineral produced—

13 ‘‘(i) in the United States; or

14 ‘‘(ii) in limited situations determined

15 by the Secretary, outside the United

16 States.

17 ‘‘(2) ELIGIBLE ORGANIZATION.—The term ‘eli18 gible organization’ means a private voluntary organi19 zation, cooperative, or intergovernmental organiza20 tion, as determined by the Secretary.

21 ‘‘(3) PROGRAM.—The term ‘Program’ means

22 the International Food for Education and Child Nu23 trition Program established under subsection (b)(1).

24 ‘‘(4) RECIPIENT COUNTRY.—The term ‘recipi25 ent country’ means 1 or more developing countries
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1 covered by a plan approved under subsection

2 (d)(1)(A)(ii).

3 ‘‘(b) PROGRAM ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—In cooperation with other

5 countries, the Secretary shall establish, and the De6 partment of Agriculture shall act as the lead Federal

7 agency for, the International Food for Education

8 and Child Nutrition Program, through which the

9 Secretary shall provide to eligible organizations eligi10 ble commodities and technical and nutritional assist11 ance for pre-school and school-age children in con12 nection with education programs to improve food se13 curity and enhance educational opportunities for

14 pre-school age and primary-school age children in re15 cipient countries.

16 ‘‘(2) ADMINISTRATION.—In carrying out the

17 Program, the Secretary may use the personnel and

18 other resources of the Food and Nutrition Service

19 and other agencies of the Department of Agri20 culture.

21 ‘‘(c) PURCHASE AND DONATION OF ELIGIBLE COM22 MODITIES AND PROVISION OF ASSISTANCE.—

23 ‘‘(1) IN GENERAL.—Under the Program, the

24 Secretary shall enter into agreements with eligible

25 organizations—
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1 ‘‘(A) to purchase, acquire, and donate eli2 gible commodities to eligible organizations; and

3 ‘‘(B) to provide technical and nutritional

4 assistance.

5 ‘‘(2) OTHER DONOR COUNTRIES.—Consistent

6 with the Program, the Secretary shall encourage

7 other donor countries, directly or through eligible

8 organizations—

9 ‘‘(A) to donate goods and funds to recipi10 ent countries; and

11 ‘‘(B) to provide technical and nutritional

12 assistance to recipient countries.

13 ‘‘(3) PRIVATE SECTOR.—The President and the

14 Secretary are urged to encourage the support and

15 active involvement of the private sector, foundations,

16 and other individuals and organizations in programs

17 and activities assisted under this section.

18 ‘‘(d) PLANS AND AGREEMENTS.—

19 ‘‘(1) IN GENERAL.—To be eligible to receive eli20 gible commodities and assistance under this section,

21 an eligible organization shall—

22 ‘‘(A)(i) submit to the Secretary a plan that

23 describes the manner in which;

24 ‘‘(I) the eligible commodities and as25 sistance will be used in 1 or more recipient
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1 countries to meet the requirements of this

2 section; and

3 ‘‘(II) the role of the government in

4 the recipient countries in carrying out the

5 plan; and

6 ‘‘(ii) obtain the approval of the Secretary

7 for the plan; and

8 ‘‘(B) enter into an agreement with the Sec9 retary establishing the terms and conditions for

10 use of the eligible commodities and assistance.

11 ‘‘(2) MULTIYEAR AGREEMENTS.—

12 ‘‘(A) IN GENERAL.—An agreement under

13 paragraph (1)(B) may provide for eligible com14 modities and assistance on a multiyear basis.

15 ‘‘(B) LOCAL CAPACITY.—The Secretary

16 shall facilitate, to the extent the Secretary de17 termines is appropriate, the development of

18 agreements under paragraph (1)(B) that, on a

19 multiyear basis, strengthen local capacity for

20 implementing and managing assistance pro21 grams.

22 ‘‘(3) STREAMLINEDPROCEDURES.—The Sec23 retary shall develop streamlined procedures for the

24 development, review, and approval of plans sub25 mitted under paragraph (1)(A) by eligible organiza-
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1 tions that demonstrate organizational capacity and

2 the ability to develop, implement, monitor, and re3 port on, and provide accountability for, activities

4 conducted under this section.

5 ‘‘(4) GRADUATION.—An agreement under para6 graph (1)(B) shall include provisions—

7 ‘‘(A)(i) to sustain the benefits to the edu8 cation, enrollment, and attendance of children

9 in schools in the targeted communities when the

10 provision of commodities and assistance to a re11 cipient country under the Program terminates;

12 and

13 ‘‘(ii) to estimate the period of time re14 quired for the recipient country or eligible orga15 nization to provide assistance described in sub16 section (b)(1) without additional assistance pro17 vided under this section; or

18 ‘‘(B) to otherwise provide other long-term

19 benefits to the targeted populations.

20 ‘‘(e) EFFECTIVE USE OF ELIGIBLE COMMODITIES.—

21 The Secretary shall ensure that each eligible

22 organization—

23 ‘‘(1) uses eligible commodities made available

24 under this section effectively, in the areas of greatest
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1 need, and in a manner that promotes the purposes

2 of this section;

3 ‘‘(2) in using assistance provided under this

4 section, assesses and takes into account the nutri5 tional and educational needs of participating pre6 school age and primary-school age children;

7 ‘‘(3) to the maximum extent practicable, uses

8 the lowest cost means of delivering eligible commod9 ities and providing other assistance authorized under

10 the Program;

11 ‘‘(4) works with recipient countries and indige12 nous institutions or groups in recipient countries to

13 design and carry out mutually acceptable food and

14 education assistance programs for participating pre15 school age and primary-school age children;

16 ‘‘(5) monitors and reports on the distribution or

17 sale of eligible commodities provided under this sec18 tion using methods that will facilitate accurate and

19 timely reporting;

20 ‘‘(6) periodically evaluates the effectiveness of

21 the Program, including evaluation of whether the

22 food security and education purposes can be sus23 tained in a recipient country if the recipient country

24 is gradually terminated from the assistance in ac25 cordance with subsection (d)(4); and
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1 ‘‘(7) considers means of improving the oper2 ation of the Program by the eligible organization

3 and ensuring and improving the quality of the eligi4 ble commodities provided under this section, includ5 ing improvement of the nutrient or micronutrient

6 content of the eligible commodities.

7 ‘‘(f) INTERAGENCY COORDINATION ON POLICY

8 GOALS.—The Secretary shall consult and collaborate with

9 other Federal agencies having appropriate expertise in

10 order to provide assistance under this section to promote

11 equal access to education to improve the quality of edu12 cation, combat exploitative child labor, and advance broad13 based sustainable economic development in recipient coun14 tries.

15 ‘‘(g) SALES AND BARTER.—

16 ‘‘(1) IN GENERAL.—Notwithstanding subsection

17 (d)(1)(A), with the approval of the Secretary, an eli18 gible organization may—

19 ‘‘(A) acquire funds or goods by selling or

20 bartering eligible commodities provided under

21 this section within the recipient country or

22 countries near the recipient country; and

23 ‘‘(B) use the funds or goods to improve

24 food security and enhance educational opportu25 nities for pre-school age and primary-school age
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1 children within the recipient country, including

2 implementation and administrative costs in3 curred in carrying out this subsection.

4 ‘‘(2) PAYMENT OF ADMINISTRATIVE COSTS.—

5 An eligible organization that receives payment for

6 administrative costs under paragraph (1) shall not

7 be eligible to receive payment for the same adminis8 trative costs under subsection (h)(3).

9 ‘‘(h) ELIGIBLE COSTS.—Subject to subsections

10 (d)(1) and (m), the Secretary shall pay all or part of—

11 ‘‘(1) the costs and charges described in para12 graphs (1) through (5) and (7) of section 406(b)

13 with respect to an eligible commodity;

14 ‘‘(2) the internal transportation, storage, and

15 handling costs incurred in moving the eligible com16 modity, if the Secretary determines that—

17 ‘‘(A) payment of the costs is appropriate;

18 and

19 ‘‘(B) the recipient country is a low income,

20 net food-importing country that—

21 ‘‘(i) meets the poverty criteria estab22 lished by the International Bank for Re23 construction and Development for Civil

24 Works Preference; or
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1 ‘‘(ii) has a national government that

2 is committed to or is working toward,

3 through a national action plan, the World

4 Declaration on Education for All convened

5 in 1990 in Jomtien, Thailand, and the fol6 low-up Dakar Framework for Action of the

7 World Education Forum in 2000; and

8 ‘‘(3) the projected costs of an eligible organiza9 tion for administration, sales, monitoring, and tech10 nical assistance under a plan approved by the Sec11 retary under subsection (d)(1)(A) (including an

12 itemized budget), taking into consideration, as deter13 mined by the Secretary—

14 ‘‘(A) the projected amount of such costs

15 itemized by category; and

16 ‘‘(B) the projected amount of assistance

17 received from other donors.

18 ‘‘(i) DISPLACEMENT.—Subsections (a)(2), (b), and

19 (h) of section 403 shall apply to this section.

20 ‘‘(j) AUDITS AND TRAINING.—The Secretary shall

21 take such actions as are necessary to support, monitor,

22 audit, and provide necessary training in proper manage23 ment under the Program.

24 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit

25 to the Committee on Agriculture of the House of Rep-
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1 resentatives and the Committee on Agriculture, Nutrition,

2 and Forestry of the Senate an annual report that

3 describes—

4 ‘‘(1) the results of the implementation of the

5 Program during the applicable year, including the

6 impact on the enrollment, attendance, and perform7 ance of children in primary schools targeted under

8 the Program; and

9 ‘‘(2) the level of commitments by, and the po10 tential for obtaining additional goods and assistance

11 from, other countries for the purposes of this section

12 during subsequent years.

13 ‘‘(l) INDEPENDENCE OF AUTHORITIES.—Each au14 thority granted under this section shall be in addition to,

15 and not in lieu of, any authority granted to the Secretary

16 or the Commodity Credit Corporation under any other

17 provision of law.—

18 ‘‘(m) FUNDING.—

19 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

20 and (3), for each of fiscal years 2002 through 2006,

21 the Secretary shall use the funds, facilities, and au22 thorities of the Commodity Credit Corporation to

23 carry out this section.

24 ‘‘(2) FISCAL YEAR LIMITATIONS.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the amount of funds of the Com3 modity Credit Corporation uses to carry out

4 this section shall not exceed—

5 ‘‘(i) $300,000,000 for fiscal year

6 2002; or

7 ‘‘(ii) $400,000,000 for each of fiscal

8 years 2003 through 2006.

9 ‘‘(B) PARTICIPATION BY DONOR COUN10 TRIES.—If the Secretary determines for any of

11 fiscal years 2004 through 2006 that there is

12 adequate participation in the Program by donor

13 countries, in lieu of the maximum amount au14 thorized for that fiscal year under subpara15 graph (A)(ii), the amount of funds of the Com16 modity Credit Corporation uses to carry out

17 this section shall not exceed—

18 ‘‘(i) $525,000,000 for fiscal year

19 2004;

20 ‘‘(ii) $625,000,000 for fiscal year

21 2005; or

22 ‘‘(iii) $750,000,000 for fiscal year

23 2006.
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1 ‘‘(3) USE LIMITATIONS.—Of the funds provided

2 under paragraph (2), the Secretary may use to carry

3 out subsection (h)(3), not more than—

4 ‘‘(A) $40,000,000 for fiscal year 2002;

5 ‘‘(B) $50,000,000 for fiscal year 2003;

6 ‘‘(C) $60,000,000 for fiscal year 2004;

7 ‘‘(D) $70,000,000 for fiscal year 2005; or

8 ‘‘(E) $80,000,000 for fiscal year 2006.’’.

9 SEC. 3. CONFORMING AMENDMENTS.

10 (a) Section 401(a) of the Agricultural Trade Develop11 ment and Assistance Act of 1954 (7 U.S.C. 1731(a)) is

12 amended by inserting ‘‘(other than section 417)’’ after

13 ‘‘this Act’’ each place it appears.

14 (b) Section 404(b)(4) of the Agricultural Trade De15 velopment and Assistance Act of 1954 (7 U.S.C.

16 1734(b)(4)) is amended by inserting ‘‘with respect to

17 agreements entered into under this Act (other than section

18 417),’’ after ‘‘(4)’’.

19 (c) Section 406(d) of the Agricultural Trade Develop20 ment and Assistance Act of 1954 (7 U.S.C. 1736(d)) is

21 amended by inserting ‘‘(other than section 417)’’ after

22 ‘‘this Act’’.

23 (d) Section 408 of the Agricultural Trade Develop24 ment and Assistance Act of 1954 (7 U.S.C. 1736b) is
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1 amended by inserting ‘‘(other than section 417)’’ after

2 ‘‘this Act’’.

3 (e) Section 412(b)(1) of the Agricultural Trade De4 velopment and Assistance Act of 1954 (7 U.S.C.

5 1736f(b)(1)) is amended by inserting ‘‘(other than section

6 417)’’ after ‘‘this Act’’ each place it appears.

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