II 

113TH CONGRESS 

2D SESSION S. 2421 

To amend the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 

to reform the Food for Peace Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2014 

Mr. CORKER (for himself and Mr. COONS) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To amend the Foreign Assistance Act of 1961 (22 U.S.C. 

2151 et seq.) to reform the Food for Peace Program, 

and for other purposes. 

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 ‘‘Food for Peace Reform 

5 Act of 2014’’. 

6 SEC. 2. FOOD FOR PEACE PROGRAM. 

7 Title XII of chapter 2 of part I of the Foreign Assist8 ance Act of 1961 (22 U.S.C. 2220a et seq.) is amended— 

9 (1) by redesignating section 300 (22 U.S.C. 

10 2220e) as section 300A; and 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 2421 IS

1 (2) by inserting after section 299 (22 U.S.C. 

2 2220d) the following: 

3 ‘‘SEC. 300. FOOD FOR PEACE PROGRAM. 

4 ‘‘(a) ESTABLISHMENT.—There is established in the 

5 United States Agency for International Development (re6 ferred to in this section as the ‘Agency’) a food assistance 

7 program, which shall be known as the ‘Food for Peace 

8 Program’. 

9 ‘‘(b) EMERGENCY ASSISTANCE.—Notwithstanding 

10 any provision of law that prohibits or otherwise unduly 

11 restricts the Administrator of the Agency (referred to in 

12 this Act as the ‘Administrator’) from carrying out the ac13 tivities authorized under this section, the Administrator, 

14 under the Food for Peace Program, is authorized to pro15 vide assistance, consistent with this section, including 

16 through the provision of agricultural commodities pro17 duced in the United States or acquired through local or 

18 regional procurement (including products derived from ag19 ricultural commodities), funds, and vouchers to meet 

20 emergency food needs arising from manmade and natural 

21 disasters, including famines and other food crises. 

22 ‘‘(c) NONEMERGENCY ASSISTANCE.— 

23 ‘‘(1) OBJECTIVES.—Notwithstanding section 

24 55305 of title 46, United States Code, the Adminis25 trator, under the Food for Peace Program, is auVerDate Mar 15 2010 03:55 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2421.IS S2421

rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 2421 IS

1 thorized to provide assistance, directly or through el2 igible organizations described in paragraph (2), and 

3 consistent with this section, including through the 

4 provision of agricultural commodities produced in 

5 the United States or acquired through local or re6 gional procurement (including products derived from 

7 agricultural commodities), funds, and vouchers to 

8 carry out nonemergency food security programs in 

9 foreign countries to achieve any of the following ob10 jectives: 

11 ‘‘(A) Combating malnutrition, especially in 

12 infants, children, and mothers, including 

13 through appropriate health interventions di14 rectly related to alleviating or preventing mal15 nutrition. 

16 ‘‘(B) Addressing hunger needs. 

17 ‘‘(C) Mitigating food crises, particularly 

18 with respect to vulnerable populations. 

19 ‘‘(D) Promoting resilient food security 

20 through integrated and holistic programs 

21 that— 

22 ‘‘(i) improve agricultural productivity; 

23 ‘‘(ii) diversify incomes for vulnerable 

24 populations within the agricultural and 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 2421 IS

1 other related sectors to reduce food insecu2 rity; 

3 ‘‘(iii) enhance community and other 

4 development activities significantly linked 

5 to agricultural activities; and 

6 ‘‘(iv) improve environmental practices. 

7 ‘‘(2) ELIGIBLE ORGANIZATIONS.—An organiza8 tion is eligible to receive assistance under paragraph 

9 (1) if the organization is— 

10 ‘‘(A) a private voluntary organization or 

11 cooperative that is registered with the Adminis12 trator; 

13 ‘‘(B) directly supervised by an organization 

14 described in subparagraph (A); or 

15 ‘‘(C) an intergovernmental organization, 

16 such as the World Food Program. 

17 ‘‘(d) MINIMUM FUNDING FOR NONEMERGENCY AS18 SISTANCE.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), of the amounts made available 

21 to carry out emergency and nonemergency food as22 sistance programs under this section, not less than 

23 20 percent nor more than 30 percent shall be ex24 pended for each fiscal year to carry out subsection 

25 (c). 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 2421 IS

1 ‘‘(2) MINIMUM LEVEL.—The amount made 

2 available to carry out subsection (c) shall not be less 

3 than $375,000,000 for any fiscal year. 

4 ‘‘(3) WAIVER.—The Administrator may waive 

5 the requirements under paragraphs (1) and (2) after 

6 certifying to the appropriate congressional commit7 tees that— 

8 ‘‘(A)(i) additional funds are required to 

9 provide food assistance to meet an urgent hu10 manitarian need; and 

11 ‘‘(ii) other sources of funds authorized for 

12 use in emergency situations have already been 

13 obligated; 

14 ‘‘(B) additional funds subject to the waiver 

15 under this paragraph are— 

16 ‘‘(i) first paid from unobligated funds; 

17 and 

18 ‘‘(ii) only paid from obligated funds if 

19 the additional funds are necessary to meet 

20 an urgent and compelling humanitarian 

21 need; and 

22 ‘‘(C) if the urgent humanitarian need is 

23 reasonably expected to continue beyond the fis24 cal year during which the need began, the budg25 et request of the President for the subsequent 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•S 2421 IS

1 fiscal year will include a request for emergency 

2 food assistance funding authorized under sub3 section (b) to account for the additional funds 

4 required to address the need. 

5 ‘‘(4) REPLENISHMENT.—If the Administrator 

6 waives the requirement described in paragraph (1), 

7 pursuant to paragraph (3), the Administrator may 

8 expend funds authorized under section 302 of the 

9 Agricultural Act of 1980 (7 U.S.C. 1736f–1) in an 

10 amount equal to the total amount of funds subject 

11 to the waiver to provide assistance under subsection 

12 (c). 

13 ‘‘(e) DESCRIPTION OF INTENDED USES.—A proposal 

14 submitted by any eligible organization to enter into an 

15 agreement for a nonemergency food assistance agreement 

16 program with the Administrator under subsection (c) shall 

17 include— 

18 ‘‘(1) a description of the proposed program; 

19 ‘‘(2) a description of the manner in which the 

20 proposed program would address 1 or more of the 

21 objectives described in subsection (c) in the region in 

22 which the proposed program is to be implemented; 

23 ‘‘(3) the amount of funds requested; 

24 ‘‘(4) a description of any agricultural commod25 ities and products derived from agricultural comVerDate Mar 15 2010 03:55 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2421.IS S2421

rfrederick on DSK6VPTVN1PROD with BILLS
7 

•S 2421 IS

1 modities that would be used to implement the pro2 posed program; 

3 ‘‘(5) a description of the manner in which the 

4 organization would work with indigenous institutions 

5 and communities to carry out the proposed program; 

6 ‘‘(6) a description of the proposed output im7 pact and other indicators that would be used to— 

8 ‘‘(A) monitor the progress of the proposed 

9 program; and 

10 ‘‘(B) assist in determining whether the ac11 tivities funded under the proposed program are 

12 achieving program objectives; 

13 ‘‘(7) a description of proposed baseline data— 

14 ‘‘(A) that would be collected, to the max15 imum extent practicable; and 

16 ‘‘(B) against which indicators can be meas17 ured; and 

18 ‘‘(8) a plan for measuring and reporting 

19 progress towards achieving program objectives, out20 comes, and other indicators. 

21 ‘‘(f) FOOD AID CONSULTATIVE GROUP.— 

22 ‘‘(1) ESTABLISHMENT.—There is established 

23 the Food Aid Consultative Group (referred to in this 

24 section as the ‘Group’), which— 

25 ‘‘(A) shall meet regularly; and 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•S 2421 IS

1 ‘‘(B) may organize into subcommittees, as 

2 appropriate, to review and address issues con3 cerning— 

4 ‘‘(i) the effectiveness of the regula5 tions and procedures that govern food as6 sistance programs established and imple7 mented under this section; and 

8 ‘‘(ii) the implementation of other pro9 visions of this section that may involve eli10 gible organizations described in subsection 

11 (c). 

12 ‘‘(2) MEMBERSHIP.—The Group shall be com13 posed of— 

14 ‘‘(A) the Administrator; 

15 ‘‘(B) the Under Secretary of Agriculture 

16 for Farm and Foreign Agricultural Services; 

17 ‘‘(C) the Inspector General of the Agency; 

18 ‘‘(D) a representative of each private vol19 untary organization and cooperative partici20 pating in a program under this section, or re21 ceiving planning assistance funds from the 

22 Agency to establish programs under this sec23 tion; 

24 ‘‘(E) representatives from African, Asian, 

25 and Latin American indigenous nongovernVerDate Mar 15 2010 03:55 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2421.IS S2421

rfrederick on DSK6VPTVN1PROD with BILLS
9 

•S 2421 IS

1 mental organizations determined appropriate by 

2 the Administrator; 

3 ‘‘(F) representatives from agricultural pro4 ducer groups in the United States; 

5 ‘‘(G) representatives from the United 

6 States agricultural processing sector involved in 

7 providing agricultural commodities for pro8 grams under this section; 

9 ‘‘(H) representatives from the maritime 

10 transportation sector involved in transporting 

11 agricultural commodities overseas for programs 

12 under this section; and 

13 ‘‘(I) nutrition science experts from aca14 demia and nongovernmental organizations. 

15 ‘‘(3) CHAIRPERSON.—The Administrator shall 

16 be the chairperson of the Group. 

17 ‘‘(4) CONSULTATIONS.—Not later than 45 days 

18 before a proposed regulation, handbook, or guideline 

19 implementing this section, or a proposed significant 

20 revision to a regulation, handbook, or guideline im21 plementing this section, becomes final, the Adminis22 trator shall provide the proposal to the Group for re23 view and comment. 

24 ‘‘(5) COORDINATION AND OVERSIGHT.— 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•S 2421 IS

1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall work within the Group to take the actions 

3 described in subsection (B) to increase coordi4 nation and oversight of food assistance pro5 grams established and implemented under this 

6 Act, with a primary focus on improving quality 

7 control and cost effectiveness. 

8 ‘‘(B) ACTIONS DESCRIBED.—The actions 

9 referred to in subparagraph (A) are the fol10 lowing: 

11 ‘‘(i) Explore and test options for im12 proved packaging and storage of products 

13 to improve shelf life, promote rec14 ommended usage by intended beneficiaries, 

15 and oversee field-testing of products. 

16 ‘‘(ii) Work closely with the Depart17 ment of Agriculture, to undertake reforms 

18 in commodity acquisition and supply chain 

19 management, drawing on best commercial 

20 practices for vendor selection, quality as21 surance standards, overall management of 

22 the supply chain, and auditing of food aid 

23 commodity suppliers. 

24 ‘‘(iii) Develop mechanisms and part25 nerships to facilitate more private sector 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

•S 2421 IS

1 development and innovation in food aid 

2 products, packaging, and delivery in order 

3 to improve the cost-effectiveness, nutri4 tional quality, and overall acceptability of 

5 the product. 

6 ‘‘(iv) Provide guidance to imple7 menting partners on whether and how best 

8 to use food aid commodities, such as new 

9 specialized food products, including guid10 ance on targeting strategies to ensure that 

11 the products reach their intended recipi12 ents. 

13 ‘‘(v) Work to strengthen the moni14 toring of commodity quality, as appro15 priate, by identifying and tracking key 

16 quality indicators to determine the full ex17 tent of quality problems, including emerg18 ing concerns. 

19 ‘‘(vi) Establish processes and system20 wide protocols for effective monitoring and 

21 evaluation of impact, to inform improved 

22 program design, and to address improve23 ments in cost-effectiveness. 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•S 2421 IS

1 ‘‘(6) ADVISORY COMMITTEE ACT.—The Federal 

2 Advisory Committee Act (5 U.S.C. App.) shall not 

3 apply to the Group. 

4 ‘‘(g) ADMINISTRATIVE PROVISIONS.— 

5 ‘‘(1) FOOD AID QUALITY.— 

6 ‘‘(A) IN GENERAL.—The Administrator 

7 shall use funds made available to carry out the 

8 Food for Peace Program authorized under this 

9 section— 

10 ‘‘(i) to assess the types and quality of 

11 agricultural commodities and products do12 nated for food aid; 

13 ‘‘(ii) to adjust products and formula14 tions (including the potential introduction 

15 of new fortificants and products) as nec16 essary to cost-effectively meet nutrient 

17 needs of target populations; 

18 ‘‘(iii) to test prototypes; 

19 ‘‘(iv) to adopt new specifications, or to 

20 improve existing specifications, for micro21 nutrient fortified food aid products, based 

22 on the latest developments in food and nu23 trition science, and in coordination with 

24 other international partners; 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•S 2421 IS

1 ‘‘(v) to develop new program guidance 

2 to facilitate improved matching of products 

3 to purposes having nutritional intent, in 

4 coordination with other international part5 ners; 

6 ‘‘(vi) to develop improved guidance for 

7 implementing partners on how to address 

8 nutritional deficiencies that emerge among 

9 recipients for whom food assistance is the 

10 sole source of diet in emergency programs 

11 that extend beyond 1 year, in coordination 

12 with other international partners; and 

13 ‘‘(vii) to evaluate, in appropriate set14 tings and as necessary, the performance 

15 and cost-effectiveness of new or modified 

16 specialized food products and program ap17 proaches designed to meet the nutritional 

18 needs of the most vulnerable groups, such 

19 as pregnant and lactating mothers, and 

20 children younger than 5 years of age. 

21 ‘‘(B) ADMINISTRATION.—In carrying out 

22 subparagraph (A), the Administrator— 

23 ‘‘(i) shall consult with independent en24 tities with proven expertise in food aid 

25 commodity quality enhancements; 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•S 2421 IS

1 ‘‘(ii) may enter into contracts to ob2 tain the services of the entities described in 

3 clause (i); and 

4 ‘‘(iii) shall consult with the Food Aid 

5 Consultative Group established under sub6 section (f). 

7 ‘‘(2) FREIGHT PROCUREMENT.—Notwith8 standing division C of subtitle I of title 41, United 

9 States Code, or other similar provisions of law relat10 ing to the making or performance of Federal Gov11 ernment contracts, ocean transportation authorized 

12 under this section may be procured on the basis of 

13 full and open competitive procedures. Resulting con14 tracts may contain such terms and conditions as the 

15 Administrator determines to be necessary and appro16 priate. 

17 ‘‘(3) LIMITATION.—No assistance shall be made 

18 available through the Food for Peace Program under 

19 this section unless the Administrator determines 

20 that the provision of the agricultural commodity in 

21 the recipient country would not— 

22 ‘‘(A) result in a substantial disincentive to, 

23 or interference with, the domestic production or 

24 marketing of agricultural commodities in the re25 cipient country; or 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•S 2421 IS

1 ‘‘(B) have a disruptive impact on the agri2 cultural producers or the local economy of the 

3 recipient country. 

4 ‘‘(4) EFFECT ON SALES OF UNITED STATES AG5 RICULTURAL COMMODITIES.—In carrying out the 

6 Food for Peace Program under this section, the Ad7 ministrator shall take reasonable precautions to 

8 avoid displacing any sales of United States agricul9 tural commodities that the Administrator determines 

10 would otherwise occur. 

11 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated, for fiscal year 2014 and 

13 each fiscal year thereafter, $2,400,000,000, which shall be 

14 used to carry out the Food for Peace Program established 

15 under this section.’’. 

16 SEC. 3. CHANGES TO EXISTING LAW. 

17 (a) IN GENERAL.—Title II of the Food for Peace Act 

18 (7 U.S.C. 1721 et seq.) is repealed. 

19 (b) FUNDING.—Funds made available to carry out 

20 title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) 

21 that are unobligated as of the day before the date of enact22 ment of this Act are authorized to be appropriated for the 

23 purposes of carrying out section 300 of the Foreign Assist24 ance Act of 1961, as amended by section 2. 

25 (c) CONFORMING AMENDMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•S 2421 IS

1 (1) Section 416(b) of the Agricultural Act of 

2 1949 (7 U.S.C. 1431(b)) is amended— 

3 (A) in paragraph (1), in the first sentence, 

4 by striking ‘‘titles II and III of the Food for 

5 Peace Act’’ and inserting ‘‘section 300 of the 

6 Foreign Assistance Act of 1961 and title III of 

7 the Food for Peace Act’’; and 

8 (B) in paragraph (7)(D)(iii), in the second 

9 sentence, by striking ‘‘titles II and III of the 

10 Food for Peace Act’’ and inserting ‘‘section 300 

11 of the Foreign Assistance Act of 1961 and title 

12 III of the Food for Peace Act’’. 

13 (2) Section 3206(a)(4)(A)) of the Food, Con14 servation, and Energy Act of 2008 (7 U.S.C. 

15 1726c(a)(4)(A) is amended by inserting ‘‘(as in ef16 fect on the day before the date of enactment of the 

17 Food for Peace Reform Act of 2014’’) before ‘‘; 

18 and’’. 

19 (3) Section 407(f)(1)(B) of the Food for Peace 

20 Act (7 U.S.C. 1736a(f)(1)(B)) is amended— 

21 (A) in clause (iv), by inserting ‘‘and’’ after 

22 the semicolon at the end; 

23 (B) by striking clauses (v) and (vi); and 

24 (C) by redesignating clause (vii) as clause 

25 (v). 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•S 2421 IS

1 (4) Section 302 of the Bill Emerson Humani2 tarian Trust Act (7 U.S.C. 1736f–1) is amended— 

3 (A) in subsection (b)(2)(B)(i), by striking 

4 ‘‘Food for Peace Act (7 U.S.C. 1691 et seq.)’’ 

5 and inserting ‘‘section 300 of the Foreign As6 sistance Act of 1961’’; 

7 (B) in subsection (c)(1)— 

8 (i) in subparagraph (B)— 

9 (I) in clause (i), by striking ‘‘title 

10 II of the Food for Peace Act (7 

11 U.S.C. 1721 et seq.)’’ and inserting 

12 ‘‘section 300 of the Foreign Assist13 ance Act of 1961’’; and 

14 (II) in clause (ii), by striking 

15 ‘‘title II of that Act’’ and inserting 

16 ‘‘section 300 of the Foreign Assist17 ance Act of 1961’’; 

18 (ii) in subparagraph (C), by striking 

19 ‘‘title II of that Act (7 U.S.C. 1721 et 

20 seq.)’’ and inserting ‘‘section 300 of the 

21 Foreign Assistance Act of 1961’’; and 

22 (iii) in subparagraph (D), by striking 

23 ‘‘under section 204(a)(3) of the Food for 

24 Peace Act (7 U.S.C. 1724(a)(3))’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•S 2421 IS

1 (C) in subsection (e)(1), by striking ‘‘Food 

2 for Peace Act (7 U.S.C. 1691 et seq.)’’ and in3 serting ‘‘section 300 of the Foreign Assistance 

4 Act of 1961’’; and 

5 (D) in subsection (f)(2)(A), by striking 

6 ‘‘Food for Peace Act (7 U.S.C. 1691 et seq.)’’ 

7 and inserting ‘‘section 300 of the Foreign As8 sistance Act of 1961’’. 

9 SEC. 4. SENSE OF CONGRESS. 

10 It is the sense of the Congress that the United States 

11 Merchant Marine— 

12 (1) is a critical component of our Nation’s mili13 tary and economic security; 

14 (2) consists of a fleet of private, merchant ships 

15 that are registered in the United States and provide 

16 domestic and international transportation for pas17 sengers and cargo; and 

18 (3) with the dedicated crews of mariners that 

19 operate the fleet, is an essential part of defense ca20 pacity in times of peace and in times of war. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS