Sec. 407.4. ADMINISTRATIVE PROVISIONS
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## SEC. 407.4 ADMINISTRATIVE PROVISIONS **[**[7 U.S.C. 1736a](/us/usc/t7/s1736a)**]** 4Paras. (2), (3), (4), and
(5)of sec. 216 of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104–127, 110 Stat. 957, April 4, 1996, amended subsecs. (c), (d), (g)(2), and (h), respectively. The amendments were executed to subsecs. (b), (c), (f)(2), and (g), respectively, to effectuate the probable intent of Congress. Sec. 216(5) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104–127, 110 Stat. 953, April 4, 1996, amended this sec. by striking subsec. (h). The amendment was executed to strike subsec.
(g)to effectuate the probable intent of Congress. ###
(a)Title I Programs ####
(1)Acquisitions The importing country or private entity that enters into an agreement under title I shall acquire the agricultural commodities to be financed under title I. ####
(2)Invitation for bid No purchase of agricultural commodities from private stock or purchase of ocean transportation shall be financed under title I 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 title I shall be consistent with open, competitive, and responsive bid procedures, as determined appropriate by the Secretary. Resulting contracts may contain such terms and conditions as the Secretary determines are necessary and appropriate. ###
(b)Agents ####
(1)Authority of the 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 importer or5 importing country in arranging the purchase or shipping of commodities financed under title I. 5Sec. 216(2)(A) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104–127, 110 Stat. 957, April 4, 1996, amended subsec. (c)(1)(A) by inserting “importer or” before “importing country”. The amendment was executed to subsec. (b)(1)(A) to effectuate the probable intent of Congress. #####
(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 Act. #####
(C)Avoidance of conflict of interest of contractors Freight agents employed by the Secretary or the Commodity Credit Corporation under title I 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 importer or6 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. 6Sec. 216(2)(B) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104–127, 110 Stat. 957, April 4, 1996, amended subsec. (c)(2)(A) by inserting “importer or” before “importing country”. The amendment was executed to subsec. (b)(2)(A) to effectuate the probable intent of Congress. #####
(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 title I of this Act. ####
(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 title I of this Act 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 Act 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 ocean 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. ### (c)7 Title II and III Program 7Sec. 216(3)(B) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104–127, 110 Stat. 957, April 4, 1996, amended subsec.
(d)by striking para. (4). The amendment was executed to strike subsec. (c)(4) to effectuate the probable intent of Congress. ####
(1)Acquisition #####
(A)In general The Administrator shall transfer, arrange for the transportation, and take other steps necessary to make available agricultural commodities to be provided under title II and title III. ##### (B)8 Certain commodities made available for nonemergency assistance In the case of agricultural commodities made available for nonemergency assistance under title II for least developed countries that meet the poverty and other eligibility criteria established by the International Bank for Reconstruction and Development for financing under the International Development Association, the Administrator may pay the transportation costs incurred in moving the agricultural commodities from designated points of entry or ports of entry abroad to storage and distribution sites and associated storage and distribution costs. 8Subpara.
(B)added by sec. 3011(2) of the Farm Security and Rural Investment Act of 2002, P.L. 107–171, 116 Stat. 284, May 13, 2002. Indentation of subpara.
(B)is so in original. #### (2)9 Freight procurement Notwithstanding the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) or other similar provisions of law relating to the making or performance of Federal Government contracts, ocean transportation under titles II and III may be procured on the basis of full and open competitive procedures. Resulting contracts may contain such terms and conditions as the Administrator determines are necessary and appropriate. 9Sec. 216(3)(A) of the Federal Agriculture Improvement and Reform Act of 1996, P.L. 104–127, 110 Stat. 957, April 4, 1996, amended subsec. (d)(2) in its entirety. The amendment was executed to subsec. (c)(2) to effectuate the probable intent of Congress. ####
(3)Avoidance of conflict of interest Freight agents employed by the Agency for International Development under titles II and III shall not represent any foreign government during the period of their contract with the United States Government. ####
(4)Prepositioning #####
(A)In general Funds made available for fiscal years 2001 through 2023 to carry out titles II and III may be used by the Administrator to procure, transport, and store agricultural commodities for prepositioning within the United States and in foreign countries, except that for each of fiscal years 2001 through 2013 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2023 not more than $15,000,000 of such funds may be used to store agricultural commodities for prepositioning in foreign countries. #####
(B)Additional prepositioning sites The Administrator may establish additional sites for prepositioning in foreign countries or change the location of current sites for prepositioning in foreign countries after conducting, and based on the results of, assessments of need, the availability of appropriate technology for long-term storage, feasibility, and cost. ####
(5)Nonemergency or multiyear agreements Annual resource requests for ongoing nonemergency or ongoing multiyear agreements under title II shall be finalized not later than October 1 of the fiscal year in which the agricultural commodities will be shipped under the agreement. ###
(d)Timing of Shipments In determining the timing of the shipment of agricultural commodities to be provided under this Act, 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. ###
(e)Deadline for Agreements Under Titles I and III An agreement under titles I and III 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. ###
(f)Annual Report Regarding Food Aid Programs and Activities ####
(1)Annual report Not later than April 1 of each fiscal year, the Administrator and the Secretary shall jointly, or each separately, prepare and submit to the appropriate committees of Congress a report regarding each program and activity carried out under this Act by the Administrator, the Secretary, or both, as applicable, during the prior fiscal year. ####
(2)Contents An annual report described in paragraph
(1)shall include, with respect to the prior fiscal year, the following: #####
(A)A list that contains a description of each country and organization that receives food and other assistance under this Act (including the quantity of food and assistance provided to each country and organization). #####
(B)A general description of each project and activity implemented under this Act (including each activity funded through the use of local currencies) and the total number of beneficiaries of the project. #####
(C)A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to— ######
(i)this Act; ######
(ii)section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)); ######
(iii)the Food for Progress Act of 1985 (7 U.S.C. 1736o); and ######
(iv)the McGovern-Dole International Food for Education and Child Nutrition Program established by section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1). #####
(D)An assessment of the progress made through programs under this Act towards reducing food insecurity in the populations receiving food assistance from the United States. #####
(E)A description of efforts undertaken by the Food Aid Consultative Group under section 205 to achieve an integrated and effective food assistance program. #####
(F)An assessment of— ######
(i)each program oversight, monitoring, and evaluation system implemented under section 207(f); and ######
(ii)the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this title. #####
(G)An assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance. #####
(H)A statement of the amount of funds (including funds for administrative costs, indirect cost recovery, internal transportation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this Act, that further describes the following: ######
(i)How such funds were used by the eligible organization. ######
(ii)The actual rate of return for each commodity made available under this Act, including factors that influenced the rate of return, and, for the commodity, the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Administrator and the Secretary determine to be necessary. ######
(iii)For each instance in which a commodity was made available under this Act at a rate of return less than 70 percent, the reasons for the rate of return realized. #####
(I)For funds expended for purposes of section 202(e), 406(b)(6), and 407(c)(1)(B), a detailed accounting of the expenditures and purposes of such expenditures with respect to each such section. ####
(3)Rate of return described For purposes of applying subparagraph
(H)of paragraph (2), the rate of return for a commodity shall be equal to the proportion that— #####
(A)the proceeds the implementing partners generate through monetization; bears to #####
(B)the cost to the Federal Government to procure and ship the commodity to a recipient country for monetization.
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- 110 Stat. 957
- 110 Stat. 953
- 116 Stat. 284
- 40 USC 471
- 7 USC 1736o–1
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Sec. 407.4
ADMINISTRATIVE PROVISIONS
Stat.110 Stat. 957
Stat.110 Stat. 953
Stat.116 Stat. 284
Cite40 USC 471
Cite7 USC 1736o–1
Cites 8Cited by 0 across 0 sources