II 118th CONGRESS 1st Session S. 436 IN THE SENATE OF THE UNITED STATES February 15, 2023 Mr. Risch (for himself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To respond to the looming global food crisis precipitated by Russia's invasion of Ukraine.

1. Short titles This Act may be cited as the Securing Allies Food in Emergencies Act or the SAFE Act . 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. 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. 4. Emergency authorities to expand the timeliness and reach of United States international food assistance (a) In general Subject to the provisions of this section and 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) Exclusions The authority under subsection (a) shall not apply to procurements from— (1) the Russian Federation; (2) the People’s Republic of China; or (3) any country subject to sanctions under— (A) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (B) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (C) section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c) ).