§1736a. Administrative provisions
(a) Subchapter II programs
(1) Acquisitions
The importing country shall acquire the agricultural commodities to be financed under subchapter II of this chapter.
(2) Invitation for bid
No purchase of agricultural commodities from private stock or purchase of ocean transportation shall be financed under subchapter II of this chapter unless such purchases are made on the basis of an invitation for bid that is publicly advertised in the United States, and on the basis of bid offerings that shall conform to such invitation and be received and publicly opened in the United States. All awards in the purchase of commodities or ocean transportation financed under subchapter II of this chapter shall be consistent with open, competitive, and responsive bid procedures, as determined appropriate by the Secretary.
(b) Reporting of fees
(1) Requirement
Notwithstanding any other provision of law, any commission, fee, or other compensation of any kind paid, or to be paid, by any supplier of an agricultural commodity, or any ocean transportation financed by the Commodity Credit Corporation under subchapter II of this chapter to any agents, brokers, or other representatives of the importer or importing country shall be reported to the Secretary by the supplier of the commodity or ocean transportation.
(2) Content
A report filed under paragraph (1) shall identify the person or entity to whom the payment is made and the amount of the commission or fees paid.
(3) Publication of information
The Secretary shall-
(A) maintain all information provided under this section for public inspection;
(B) annually publish a report containing the information referred to in subparagraph (A); and
(C) forward a copy of the annual report referred to in subparagraph (B) to the appropriate committees of Congress.
(4) Failure to file
A supplier of a commodity or ocean transportation who fails to file a report required under this subsection, or who files a false report, shall be ineligible to furnish, directly or indirectly, commodities or ocean transportation financed under subchapter II of this chapter for a period of not to exceed 5 years.
(c) Agents
(1) Authority of Secretary or Commodity Credit Corporation
(A) General rule
Except as provided in subparagraph (B), if it is determined appropriate, the Secretary or the Commodity Credit Corporation may serve as the purchasing or shipping agent, or both, for the importing country in arranging the purchase or shipping of commodities financed under subchapter II of this chapter.
(B) Exception
Notwithstanding subparagraph (A), the Secretary or the Commodity Credit Corporation may award, under a competitive bidding process, contracts for establishing freight agents who shall act on behalf of the Secretary or the Corporation to handle the shipping of commodities financed under this chapter.
(C) Avoidance of conflict of interest of contractors
Freight agents employed by the Secretary or the Commodity Credit Corporation under subchapter II of this chapter shall not represent any foreign government during the period of their contract with the United States Government.
(2) Reasonable fees and commissions
(A) Fees
Notwithstanding any other provision of law, the Secretary or the Commodity Credit Corporation may enter into an agreement with the importing country that contains the terms and conditions that will govern the provision of purchasing or shipping agent services by the Secretary or the Corporation, including the establishment of fees for such services. Any such fees shall be fair and reasonable in relation to the services performed and shall be available as reimbursement for costs incurred in providing such services.
(B) Prohibition on commissions
Commissions, fees, or other payments to any selling agent or to any agent of a purchaser shall be prohibited in the purchase of agricultural commodities that are financed under subchapter II of this chapter.
(3) Limitations
No commission, fees, or other payments to an agent, broker, consultant, or other representative of the importer or importing country for ocean transportation brokerage services in connection with the carriage of commodities provided under subchapter II of this chapter may-
(A) be paid in excess of an amount determined appropriate by the Secretary; and
(B) be shared by such person with the importer or importing country or any agent thereof.
(4) Avoidance of conflict of interest
A person may not be an agent, broker, consultant, or other representative of the United States Government, an importer, or an importing country in connection with agricultural commodities provided under this chapter during a fiscal year in which such person provides or acts as an agent, broker, consultant, or other representative of a person engaged in providing ocean transportation or transportation-related services for such commodities. For the purpose of this paragraph, the term "transportation-related services" means lightening, stevedoring, bagging, or inland transportation to the destination point.
(d) Subchapters III and III A program
(1) Acquisition
The Administrator shall transfer, arrange for the transportation, and take other steps necessary to make available agricultural commodities to be provided under subchapter III and subchapter III A of this chapter.
(2) Full and open competition
No purchase of agricultural commodities from private stocks or purchase of ocean transportation services by the United States Government shall be financed under subchapters III and III A of this chapter unless such purchases are made on the basis of full and open competition utilizing such procedures as are determined necessary and appropriate by the Administrator.
(3) Avoidance of conflict of interest
Freight agents employed by the Agency for International Development under subchapters III and III A of this chapter shall not represent any foreign government during the period of their contract with the United States Government.
(4) Ocean transportation services
Notwithstanding any provision of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) or other similar provisions relating to the making or performance of Federal Government contracts, the Administrator may procure ocean transportation services under this chapter under such full and open competitive procedures as the Administrator determines are necessary and appropriate.
(e) Timing of shipments
In determining the timing of the shipment of agricultural commodities to be provided under this chapter, the Secretary or the Administrator, as appropriate, shall consider-
(1) the time of harvest of any competing commodities in the recipient country; and
(2) such other concerns determined to be appropriate.
(f) Deadline for agreements under subchapters II and III A of this chapter
An agreement under subchapters II and III A of this chapter shall, to the extent practicable, be entered into not later than-
(1) November 30 of the first fiscal year in which agricultural commodities are to be shipped under the agreement; or
(2) 60 days after the date of enactment of the annual Rural Development, Agriculture, and Related Agencies Appropriations Act for the first fiscal year in which agricultural commodities are to be shipped under the agreement,
whichever is later.
(g) Annual reports
(1) In general
The President shall prepare an annual report concerning the programs and activities implemented under this chapter for the preceding fiscal year.
(2) Contents
Each report shall include-
(A) the countries and organizations receiving food and other assistance provided to each country and organization under this chapter;
(B) a general description of the projects or activities implemented under this chapter, including local currency funded activities; and
(C) a statement of the amount of agricultural commodities made available to each country pursuant to section 1431(b) of this title and the Food for Progress Act of 1985 [7 U.S.C. 1736o].
(3) Submission
The President shall submit such report not later than January 15 of each year to the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(h) World Food Day report
On World Food Day, October 16 of each year, the President shall submit to the appropriate committees of Congress a report, prepared with the assistance of the Secretary and the Administrator, assessing progress towards food security in each country receiving United States Government food assistance. Special emphasis should be given in such report to the nutritional status of the poorest populations in such countries.
(July 10, 1954, ch. 469, title IV, §407, as added Nov. 11, 1966, Pub. L. 89 808, §2(E),
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d)(4), is act June 30, 1949, ch. 288,
The Food for Progress Act of 1985, referred to in subsec. (g)(2)(C), is Pub. L. 99 198, title XI, §1110, Dec. 23, 1985,
Amendments
1991-Subsec. (b)(1). Pub. L. 102 237, §329, struck out "or agricultural commodity donated" after "ocean transportation financed".
Subsec. (c)(1)(A). Pub. L. 102 237, §324, substituted "subchapter II of this chapter" for "this section".
Subsec. (c)(1)(C). Pub. L. 102 237, §325, struck out "other" before "foreign government".
Subsec. (c)(2)(B), (3). Pub. L. 102 237, §319, inserted "subchapter II of" before "this chapter".
Subsec. (c)(4). Pub. L. 102 237, §328(a), inserted "provides or" after "in which such person" and substituted "of a person" for "if the person is".
Subsec. (d)(3). Pub. L. 102 237, §328(b), struck out "other" before "foreign government".
Subsec. (d)(4). Pub. L. 102 237, §332, substituted "the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)" for "the Federal Property Act of 1949, as amended,".
1990-Pub. L. 101 624 amended section generally, substituting present provisions for provisions which established an Advisory Committee to survey the general policies relating to the administration of this chapter, including implementation of self-help provisions, uses to be made of foreign currencies, amount of currencies to be reserved in sales agreements for loans to private industry, rates of exchange, interest rates, and terms under which dollar credit sales are made.
Subsec. (c)(4). Pub. L. 101 508 substituted "providing ocean transportation or" for "providing ocean".
1975-Pub. L. 94 161 inserted ", or their designees (who shall be members of such committees or, in the case of members from the executive branch, who shall have been confirmed by the Senate)" in first sentence.
1968-Pub. L. 90 436 struck out provisions that the vice chairman and one ranking minority member of the specified House committees and the next ranking majority member and one ranking minority member of the specified Senate committees be members of the Advisory Committee, and inserted provisions requiring the Advisory Committee to meet not less than four times during each calendar year and setting forth the order of precedence at such meetings.
Change of Name
Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1990 Amendments
Amendment by Pub. L. 101 624 effective Jan. 1, 1991, see section 1513 of Pub. L. 101 624, set out as a note under section 1691 of this title.
Amendment by Pub. L. 101 508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101 508, set out as a note under section 511r of this title.
Effective Date
Section effective Jan. 1, 1967, see section 5 of Pub. L. 89 808, set out as an Effective Date of 1966 Amendment note under section 1691 of this title.
Delegation of Functions
Functions of President under subsec. (h) of this section delegated to Administrator of the Agency for International Development by section 4(c) of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title.
Preparation of Annual Report
For provisions requiring Food Assistance Policy Council to prepare annual report pursuant to subsec. (g)(1) of this section, see Ex. Ord. No. 12752, §3(c), Feb. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1431, 1736n of this title.