Africa: Seeds of Hope Act of 1998
PL 105-385 (H.R.4283), enacted 11/13/1998

112 STAT. 3460 
PUBLIC LAW 105-385—NOV. 13, 1998 
Public Law 105-385 
105th Congress 
An Act 
Nov. 13, 1998 
To support sustainable and broad-based agricultural and rural development in 
[H R 4283] 
sub-Saharan Africa, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Africa: Seeds of 
the United States of America in Congress assembled, 
Hope Act of 1998. 
^ 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
7 use 1691 note. 
(a) SHORT TiTLE.—^This Act may be cited as the "Africa: Seeds 
of Hope Act of 1998". 
(b) TABLE OF CONTENTS.—^The table of contents is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and declaration of policy. 
TITLE I—ASSISTANCE FOR SUB-SAHARAN AFRICA 
Sec. 101. Africa Food Security Initiative. 
Sec. 102. Microenterprise assistance. 
Sec. 103. Support for producer-owned cooperative marketing associations. 
Sec. 104. Agricultural and rural development activities of the Overseas Private 
Investment Corporation. 
Sec. 105. Agricultural research and extension activities. 
TITLE II—WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL 
PROGRAMS 
Subtitle A—Nonemergency Food Assistance Programs 
Sec. 201. Nonemergency food assistance programs. 
Subtitle B—Bill Emerson Humanitarian Trust Act of 1998 
Sec. 211. Short title. 
Sec. 212. Bill Emerson Humanitarian Trust Act. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Report. 
22 u s e 2293 
SEC. 2. FINDINGS AND DECLARATION OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) The economic, security, and humanitarian interests of 
the United States and the nations of sub-Saharan Africa would 
be enhanced by sustainable, broad-based agricultural and rural 
development in each of the African nations. 
(2) According to the Food and Agriculture Organization, 
the number of undernourished people in Africa has more than 
doubled, from approximately 100,000,000 in the late 1960s 
to 215,000,000 in 1998, and is projected to increase to 
265,000,000 by the year 2010. According to the Food and 
Agriculture Organization, the term "under nutrition" means 
inadequate consumption of nutrients, often adversely affecting 
children's physical and mental development, undermining their 
PUBLIC LAW 105-385—NOV. 13, 1998 
112 STAT. 3461 
future as productive and creative members of their commu-
nities. 
(3) Currently, agricultural production in Africa employs 
about two-thirds of the workforce but produces less than one-
fourth of the gross domestic product in sub-Saharan Africa, 
according to the World Bank Group. 
(4) African women produce up to 80 percent of the total 
food supply in Africa according to the International Food Policy 
Research Institute. 
(5) An effective way to improve conditions of the poor 
is to increase the productivity of the agricultural sector. 
Productivity increases can be fostered by increasing research 
and education in agriculture and rural development. 
(6) In November 1996, the World Food Summit set a goal 
of reducing hunger worldwide by 50 percent by the year 2015 
and encouraged national governments to develop domestic food 
plans and to support international aid efforts. 
(7) Although the World Bank Group recently has launched 
a major initiative to support agricultural and rural develop-
ment, only 10 percent, or $1,200,000,000, of its total lending 
to sub-Saharan Africa for fiscal years 1993 to 1997 was devoted 
to agriculture. 
(8)(A) United States food processing and agricultural 
sectors benefit greatly from the liberalization of global trade 
and increased exports. 
(B) Africa represents a growing market for United States 
food and agricultural products. Africa's food imports are pro-
jected to rise from less than 8,000,000 metric tons in 1990 
to more than 25,000,000 metric tons by the 2020. 
(9)(A) Increased private sector investment in African coun-
tries and expanded trade between the United States and Africa 
can greatly help African countries achieve food self-sufficiency 
and graduate from dependency on international assistance. 
(B) Development assistance, technical assistance, and 
training can facilitate and encourage commercial development 
in Africa, such as improving rural roads, agricultural research 
and extension, and providing access to credit and other 
resources. 
(10)(A) Several United States private voluntary organiza-
tions have demonstrated success in empowering Africans 
through 
direct business ownership and helping 
African 
agricultural producers more efficiently and directly market 
their products. 
(B) Rural business associations, owned and controlled by 
farmer shareholders, also greatly help agricultural producers 
to increase their household incomes. 
(b) DECLARATION OF POLICY.—It is the policy of the United 
States, consistent with title XII of part I of the Foreign Assistance 
Act of 1961, to support governments of sub-Saharan African coun-
tries. United States and African nongovernmental organizations, 
universities, businesses, and international agencies, to help ensure 
the availability of basic nutrition and economic opportunities for 
individuals in sub-Saharan Africa, through sustainable agriculture 
and rural development. 
112 STAT. 3462 
PUBLIC LAW 105-385—NOV. 13, 1998 
TITLE I—ASSISTANCE FOR SUB-
SAHARAN AFRICA 
22 u s e 2293 
SEC. 101. AFRICA FOOD SECURITY INITIATIVE. 
"°^^' 
(a) ADDITIONAL REQUIREMENTS IN CARRYING OUT THE INITIA-
TIVE.—In providing development assistance under the Africa Food 
Security Initiative, or any comparable or successor program, the 
Administrator of the United States Agency for International 
Development— 
(1) shall emphasize programs and projects that improve 
the food security of infants, young children, school-age children, 
women and food-insecure households, or that improve the agri-
cultural productivity, incomes, and marketing of the rural poor 
in Africa; 
(2) shall solicit and take into consideration the views and 
needs of intended beneficiaries and program participants during 
the selection, planning, implementation, and evaluation phases 
of projects; 
(3) shall favor countries that are implementing reforms 
of their trade and investment laws and regulations in order 
to enhance free market development in the food processing 
and agricultural sectors; and 
(4) shall ensure that programs are designed and conducted 
in cooperation with African and United States organizations 
and institutions, such as private and voluntary organizations, 
cooperatives, land-grant and other appropriate universities, and 
local producer-owned cooperative marketing and buying associa-
tions, that have expertise in addressing the needs of the poor, 
small-scale farmers, entrepreneurs, and rural workers, includ-
ing women. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that, if there is an increase in funding for sub-Saharan programs, 
the Administrator of the United States Agency for International 
Development should proportionately increase resources to the Africa 
Food Security Initiative, or any comparable or successor program, 
for fiscal year 2000 and subsequent fiscal years in order to meet 
the needs of the countries participating in such Initiative. 
22 u s e 2293 
SEC. 102. MICROENTERPRISE ASSISTANCE. 
(a) 
BILATERAL 
ASSISTANCE.—In 
providing 
microenterprise 
assistance for sub-Saharan Africa, the Administrator of the United 
States Agency for International Development shall, to the extent 
practicable, use credit and microcredit assistance to improve the 
capacity and efficiency of agriculture production in sub-Saharan 
Africa of small-scale farmers and small rural entrepreneurs. In 
providing assistance, the Administrator should use the applied 
research and technical assistance capabilities of United States land-
grant universities. 
(b) MULTILATERAL ASSISTANCE.— 
(1) IN GENERAL.—^The Administrator of the United States 
Agency for International Development shall continue to work 
with other countries, international organizations (including 
multilateral development institutions), and entities assisting 
microenterprises and shall develop a comprehensive and coordi-
nated strategy for providing microenterprise assistance for sub-
Saharan Africa. 
PUBLIC LAW 105-385—NOV. 13, 1998 
112 STAT. 3463 
(2) ADDITIONAL REQUIREMENT.—In carrying out paragraph 
(1), the Administrator should encourage the World Bank 
Consultative Group to Assist the Poorest to coordinate the 
strategy described in such paragraph. 
SEC. 103. SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKET- 
22 USC 2293 
ING ASSOCIATIONS. 
note. 
(a) PURPOSES.—^The purposes of this section are— 
(1) to support producer-owned cooperative purchasing and 
marketing associations in sub-Saharan Africa; 
(2) to strengthen the capacity of farmers in sub-Saharan 
Africa to participate in national and international private mar-
kets and to promote rural development in sub-Saharan Africa; 
(3) to encourage the efforts of farmers in sub-Saharan 
Africa to increase their productivity and income through 
improved access to farm supplies, seasonal credit, technical 
expertise; and 
(4) to support small businesses in sub-Saharan Africa as 
they grow beyond microenterprises. 
(b) SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING 
ASSOCIATIONS.— 
(1) ACTIVITIES.— 
(A) IN GENERAL.—The Administrator of the United 
States Agency for International Development is authorized 
to utilize relevant foreign assistance programs and initia-
tives for sub-Saharan Africa to support private producer-
owned cooperative marketing associations in sub-Saharan 
* 
Africa, including rural business associations that are owned 
and controlled by farmer shareholders. 
(B) 
ADDITIONAL 
REQUIREMENTS.—In 
carrying 
out 
subparagraph (A), the Administrator— 
(i) shall take into account small-scale farmers, 
small rural entrepreneurs, and rural workers and 
communities; and 
(ii) shall take into account the local-level perspec-
tives of the rural and urban poor through close con-
sultation with these groups, consistent with section 
496(e)(1) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2293(e)(1)). 
(2) OTHER ACTIVITIES.—In addition to carrying out para-
graph (1), the Administrator is encouraged— 
(A) to cooperate with governments of foreign countries, 
including governments of political subdivisions of such 
countries, their agricultural research universities, and 
particularly with United States nongovernmental organiza-
tions and United States land-grant universities, that have 
demonstrated expertise in the development and promotion 
of successful private producer-owned cooperative marketing 
associations; and 
(B) to facilitate partnerships between United States 
and African cooperatives and private businesses to enhance 
the capacity and technical and marketing expertise of busi-
ness associations in sub-Saharan Africa. 
SEC. 104. AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF 
22 USC 2293 
THE OVERSEAS PRIVATE INVESTMENT CORPORATION. 
note. 
(a) PURPOSE.—The purpose of this section is to encourage the 
Overseas Private Investment Corporation to work with United 
59-194 O - 98 - 23 : QL 3 Part 5 
112 STAT. 3464 
PUBLIC LAW 105-385—NOV. 13, 1998 
States businesses and other United States entities to invest in 
rural sub-Saharan Africa, particularly in ways that will develop 
the capacities of small-scale farmers and small rural entrepreneurs, 
including women, in sub-Saharan Africa. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that— 
(1) the Overseas Private Investment Corporation should 
exercise its authority under law to undertake an initiative 
to support private agricultural and rural development in sub-
Saharan Africa, including issuing loans, guaranties, and insur-
ance, to support rural development in sub-Saharan Africa, 
particularly to support intermediary organizations that— 
(A) directly serve the needs of small-scale farmers, 
small rural entrepreneurs, and rural 
producer-owned 
cooperative purchasing and marketing associations; 
(B) have a clear track-record of support for sound 
business management practices; and 
(C) have demonstrated experience with participatory 
development methods; and 
(2) the Overseas Private Investment Corporation should 
utilize existing equity funds, loan and insurance funds, to the 
extent feasible and in accordance with existing contractual 
obligations, to support agriculture and rural development in 
sub-Saharan Africa. 
22 use 2293 
SEC. 105. AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES. 
"^ ^' 
(a) DEVELOPMENT OF PLAN.—^The Administrator of the United 
States Agency for International Development, in consultation with 
the Secretary of Agriculture and appropriate Department of Agri-
culture agencies, especially the Cooperative State, Research, Edu-
cation and Extension Service (CSREES), shall develop a comprehen-
sive plan to coordinate and build on the research and extension 
activities of United States land-grant universities, international 
agricultural research centers, and national agricultural research 
and extension centers in sub-Saharan Africa. 
(b) ADDITIONAL REQUIREMENTS.—Such plan shall seek to ensure 
that— 
(1) research and extension activities will respond to the 
needs of small-scale farmers while developing the potential 
and skills of researchers, extension agents, farmers, and agri-
business persons in sub-Saharan Africa; 
(2) sustainable agricultural methods of farming will be 
considered together with new technologies in increasing agricul-
tural productivity in sub-Saharan Africa; and 
(3) research and extension efforts will focus on sustainable 
agricultural practices and will be adapted to widely varying 
climates within sub-Saharan Africa. 
PUBLIC LAW 105-385—NOV. 13, 1998 
112 STAT. 3465 
TITLE II—WORLDWIDE FOOD ASSIST-
ANCE 
AND AGRICULTURAL 
PRO-
GRAMS 
Subtitle A—Nonemergency Food 
Assistance Programs 
SEC. 201. NONEMERGENCY FOOD ASSISTANCE PROGRAMS. 
7 USC 1721 note. 
(a) IN GENERAL.—In providing nonemergency assistance under 
title II of the Agricultural Trade Development and Assistance Act 
of 1954 (7 U.S.C. 1721 et seq.), the Administrator of the United 
States Agency for International Development shall ensure that— 
(1) in planning, decisionmaking, and implementation in 
providing such assistance, the Administrator takes into consid-
eration local input and participation directly and through 
United States and indigenous private and voluntary organiza-
tions; 
(2) each of the nonemergency activities described in para-
graphs (2) through (6) of section 201 of such Act (7 U.S.C. 
1721), including programs that provide assistance to people 
of any age group who are otherwise unable to meet their 
basic food needs (including feeding programs for the disabled, 
orphaned, elderly, sick and dying), are carried out; and 
(3) greater flexibility is provided for program and evalua-
tion plans so that such assistance may be developed to meet 
local needs, as provided for in section 202(f) of such Act (7 
U.S.C. 1722(f)). 
(b) OTHER REQUIREMENTS.—In providing assistance under the 
Agriculture Trade Development and Assistance Act of 1954, the 
Secretary of Agriculture and the Administrator of United States 
Agency for International Development shall ensure that commod-
ities are provided in a manner that is consistent with sections 
403(a) and (b) of such Act (7 U.S.C. 1733(a) and (b)). 
Subtitle B—Bill Emerson Humanitarian 
B
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I E
m
e
r
s
o
n 
Trust Act of 1998 
TraTfActTf^" 
1998. 
SEC. 211. SHORT TITLE. 
7 USC 1691 note. 
This subtitle may be cited as the "Bill Emerson Humanitarian 
Trust Act of 1998". 
SEC. 212. BILL EMERSON HUMANITARIAN TRUST ACT. 
(a) IN GENERAL.—Section 302 of the Agricultural Act of 1980 
(7 U.S.C. 1736f-l) is amended— 
(1) in subsection (b)— 
(A) in the subsection heading, by inserting "OR FUNDS" 
after "COMMODITIES"; 
(B) in paragraph (1)— 
(i) in subparagraph (B), by striking "and" at the 
end; 
(ii) in subparagraph (C), by striking the period 
at the end and inserting "; and"; and 
(iii) by adding at the end the following: 
112 STAT. 3466 
PUBLIC LAW 105-385—NOV. 13, 1998 
"(D) funds made available under paragraph (2)(B) 
which shall be used solely to replenish commodities in 
the trust."; and 
(C) in paragraph (2) by striking subparagraph (B) and 
inserting the following: 
"(B) FUNDS.—^Any funds used to acquire eligible 
commodities through purchases from producers or in the 
market to replenish the trust shall be derived— 
"(i) with respect to fiscal years 2000 through 2002 
from funds made available to carry out the Agricultural 
Trade Development and Assistance Act of 1954 (7 
U.S.C. 1691 et seq.) that are used to repay or reimburse 
the Commodity Credit Corporation for the release of 
eligible commodities under subsections (c)(2) and (f)(2), 
except that, of such funds, not more than $20,000,000 
may be expended for this purpose in each of the fiscal 
years 2000 through 2002; and 
"(ii) from funds authorized for that use by an 
appropriations Act."; 
(2) in subsection (c)(2)— 
(A) by striking "ASSISTANCE.—Notwithstanding" and 
inserting the following: "ASSISTANCE.— 
"(A) IN GENERAL.—Notwithstanding"; and 
(B) by adding at the end the following: 
"(B) LIMITATION.—^The Secretary may release eligible 
commodities under subparagraph (A) only to the extent 
such release is consistent with maintaining the long-term 
value of the trust."; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking "and" at the end; 
(B) in paragraph (2), by striking the period at the 
end and inserting "; and"; and 
(C) by adding at the end the following: 
"(3) subject to the need for release of commodities from 
the trust under subsection (c)(1), for the management of the 
trust to preserve the value of the trust through acquisitions 
under subsection (b)(2)."; and 
(4) in subsection (f )— 
(A) in paragraph (2), by inserting "OF THE TRUST" after 
"REIMBURSEMENT" in the heading; and 
(B) in paragraph (2)(A), by inserting "and the funds 
shall be available to replenish the trust under subsection 
(b)" before the last period. 
(b) CONFORMING AMENDMENTS.— 
(1) Title III of the Agricultural Act of 1980 (7 U.S.C. 1736f-
1 et seq.) is amended by striking the title heading and inserting 
the following: 
*^TITLE III—BILL EMERSON 
HUMANITARIAN TRUST". 
(2) Section 301 of the Agricultural Act of 1980 (7 U.S.C. 
1736f-l note) is amended to read as follows: 
PUBLIC LAW 105-385—NOV. 13, 1998 
112 STAT. 3467 
"SEC. 301. SHORT TITLE. 
"This title may be cited as the 'Bill Emerson Humanitarian 
Trust Act'" 
(3) Section 302 of the Agricultural Act of 1980 (7 U.S.C. 
1736f-l) is amended— 
(A) in the section heading, by striking "RESERVE" and 
inserting "TRUST"; 
(B) by striking "reserve" each place it appears (other 
than in subparagraphs (A) and (B) of subsection (b)(1)) 
and inserting "trust"; 
(C) in subsection (b)— 
(i) in the subsection 
heading, 
by 
striking 
"RESERVE" and inserting "TRUST"; 
(ii) in paragraph (1)(B), by striking "reserve," and 
inserting "trust,"; and 
(iii) in the heading of paragraph (2), by striking 
"RESERVE" and inserting "TRUST"; and 
(D) in the heading of subsection (e), by striking 
"RESERVE" and inserting "TRUST". 
(4) Section 208(d)(2) of the Agricultural Trade Suspension 
Adjustment Act of 1980 (7 U.S.C. 4001(d)(2)) is amended by 
striking "Food Security Commodity Reserve Act of 1996" and 
inserting "Bill Emerson Humanitarian Trust Act (7 U.S.C. 
1736f-l et seq.)". 
(5) Section 901b(b)(3) of the Merchant Marine Act, 1936 
(46 U.S.C. App. 1241f(b)(3)), is amended by striking "Food 
Security Wheat Reserve Act of 1980 (7 U.S.C. 1736f-l)" and 
inserting "Bill Emerson Humanitarian Trust Act (7 U.S.C. 
1736f-l et seq.)". 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. REPORT. 
Deadline. 
Not later than 6 months after the date of the enactment of 
this Act, the Administrator of the United States Agency for Inter-
national Development, in consultation with the heads of other 
appropriate agencies, shall prepare and submit to Congress a report 
on how the Agency plans to implement sections 101, 102, 103, 
105, and 201 of this Act, the steps that have been taken toward 
such implementation, and an estimate of all amounts expended 
112 STAT. 3468 
PUBLIC LAW 105-385—NOV. 13, 1998 
or to be expended on related activities during the current and 
previous 4 fiscal years. 
Approved November 13, 1998. 
LEGISLATIVE HISTORY—H.R. 4283: 
HOUSE REPORTS: No. 105-681, Pt. 1 (Comm. on International Relations). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Sept. 28, considered and passed House. 
Oct. 20, considered and passed Senate, amended. House concurred in Senate 
amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Nov. 13, Presidential statement.