SAFE Act
Bill: S.4731 | Sponsor: Sen. Risch, James E. (R-ID)
Policy area: International Affairs

Summary:
Securing Allies Food in Emergencies Act or the SAFE Act
This bill requires the U.S. Agency for International Development (USAID) to develop a strategy for averting a global food security crisis. The bill also relaxes a law requiring that certain goods be transported by U.S. vessels.
The bill authorizes USAID to procure life-saving food aid commodities to provide emergency food assistance to the most vulnerable populations in countries experiencing acute food insecurity. For certain commodities procured under this authority, the bill waives a requirement that a certain percentage of the commodities must be transported by U.S. vessels (such requirements are known as federal cargo preference laws).
The bill also removes a mandate from a federal cargo preference law relating to goods obtained by the U.S. government.

To respond to the looming global food crisis precipitated by Russia's 
                          invasion of Ukraine.

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

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Securing Allies Food in Emergencies 
Act'' or the ``SAFE Act''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to respond to the looming 
global food crisis precipitated by the Russian Federation's brutal, 
illegal invasion of Ukraine beginning in February 2022, which threatens 
to destabilize key partners and allies and push millions of people into 
hunger and poverty, particularly in areas of Africa and the Middle East 
that are already experiencing emergency levels of food insecurity, by 
taking immediate action to improve the timeliness and expand the reach 
of United States international food assistance.

SEC. 3. STRATEGY TO AVERT A GLOBAL FOOD CRISIS.

    (a) Strategy Requirement.--Not later than 30 days after the date of 
the enactment of this Act, the Administrator of the United States 
Agency for International Development, acting in the capacity of the 
President's Special Coordinator for International Disaster Assistance 
pursuant to section 493 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2292b), shall develop and submit a strategy to the Committee on 
Foreign Relations of the Senate and Committee on Foreign Affairs of the 
House of Representatives for averting a catastrophic global food 
security crisis, particularly in areas of Africa and the Middle East 
that are already experiencing emergency levels of food insecurity, 
which has been driven by sharp increases in global prices for staple 
agricultural commodities, agricultural inputs (including fertilizer), 
and associated energy costs.
    (b) Considerations.--In developing the strategy under subsection 
(a), the Administrator shall consider and incorporate an analysis of--
            (1) the impact of the Russian Federation's brutal, illegal 
        war in Ukraine on the cost and availability of staple 
        agricultural commodities and inputs, including fertilizer--
                    (A) globally;
                    (B) in countries that rely upon commercial imports 
                of such commodities and inputs from Ukraine or Russia; 
                and
                    (C) in countries that are supported through the 
                United Nations World Food Programme, which heavily 
                relies upon purchases of wheat and pulses from Ukraine 
                and has recently reported a price increase of more than 
                $23,000,000 per month for its wheat purchases;
            (2) the correlation between rising food costs and social 
        unrest in areas of strategic importance to the United States, 
        including countries and regions that experienced food riots 
        during the 2007 to 2008 global food price crisis;
            (3) the underlying drivers of food insecurity in areas 
        experiencing emergency levels of hunger, including current 
        barriers to food security development programs and humanitarian 
        assistance;
            (4) existing United States foreign assistance authorities, 
        programs, and resources that could help avert a catastrophic 
        global food crisis;
            (5) recommendations to enhance the efficiency, improve the 
        timeliness, and expand the reach of United States international 
        food assistance programs and resources referred to in paragraph 
        (4);
            (6) opportunities to bolster coordination, catalyze and 
        leverage actions by other donors and through multilateral 
        development banks;
            (7) opportunities to better synchronize assistance through 
        well-coordinated development and humanitarian assistance 
        programs within the United States Agency for International 
        Development and alongside other donors;
            (8) opportunities to improve supply chain and shipping 
        logistics efficiencies in close collaboration with the private 
        sector;
            (9) opportunities for increased cooperation with the 
        Department of State to strengthen diplomatic efforts to resolve 
        global conflicts and overcome barriers to access for life-
        saving assistance;
            (10) opportunities to support continued agricultural 
        production in Ukraine, and the extent to which food produced in 
        Ukraine can be used to meet humanitarian needs locally, 
        regionally, or in countries historically reliant upon imports 
        from Ukraine or Russia; and
            (11) opportunities to support and leverage agricultural 
        production in countries and regions currently supported by 
        United States international agricultural development programs, 
        including programs authorized under the Global Food Security 
        Act of 2016 (22 U.S.C. 9301 et seq.), in a manner that--
                    (A) fills critical gaps in the global supply of 
                emergency food aid commodities;
                    (B) enables purchases from small holder farmers by 
                the United Nations World Food Programme;
                    (C) enhances resilience to food price shocks;
                    (D) promotes self-reliance; and
                    (E) opens opportunities for United States 
                agricultural trade and investment.

SEC. 4. EMERGENCY AUTHORITIES TO EXPAND THE TIMELINESS AND REACH OF 
              UNITED STATES INTERNATIONAL FOOD ASSISTANCE.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator of the United States Agency for International Development 
is authorized to procure life-saving food aid commodities, including 
commodities available locally and regionally, for the provision of 
emergency food assistance to the most vulnerable populations in 
countries and areas experiencing acute food insecurity that has been 
exacerbated by rising food prices, particularly in countries and areas 
historically dependent upon imports of wheat and other staple 
commodities from Ukraine and Russia.
    (b) Prioritization.--
            (1) In general.--In responding to crises in which emergency 
        food aid commodities are unavailable locally or regionally, or 
        in which the provision of locally or regionally procured 
        agricultural commodities would be unsafe, impractical, or 
        inappropriate, the Administrator should prioritize procurements 
        of United States agricultural commodities, including when 
        exercising authorities under section 491 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2292).
            (2) Local or regional procurements.--In making local or 
        regional procurements of food aid commodities pursuant to 
        subsection (a), the Administrator, to the extent practicable 
        and appropriate, should prioritize procurements from areas 
        supported through the international agricultural development 
        programs authorized under the Global Food Security Act of 2016 
        (22 U.S.C. 9301 et seq.) and from Ukraine, for the purpose of 
        promoting economic stability, resilience to price shocks, and 
        early recovery from such shocks in such areas.
    (c) Do No Harm.--In making local or regional procurements of food 
aid commodities pursuant to subsection (a), the Administrator shall 
first conduct market assessments to ensure that such procurements--
            (1) will not displace United States agricultural trade and 
        investment; and
            (2) will not cause or exacerbate shortages, or otherwise 
        harm local markets, for such commodities within the countries 
        of origin.
    (d) Emergency Exceptions.--
            (1) In general.--Commodities procured pursuant to 
        subsection (b) shall be excluded from calculations of gross 
        tonnage for purposes of determining compliance with section 
        55305(b) of title 46, United States Code.
            (2) Conforming amendment.--Section 55305(b) of title 46, 
        United States Code, is amended by striking ``shall'' and 
        inserting ``should''.
    (e) Exclusion.--The authority under subsection (a) shall not apply 
to procurements from the Russian Federation, the People's Republic of 
China, or any country subject to sanctions under--
            (1) section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371);
            (2) section 40 of the Arms Export Control Act (22 U.S.C. 
        2780); or
            (3) section 1754(c) of the Export Control Reform Act of 
        2018 (50 U.S.C. 4813(c)).
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