§ 1736a. Administrative provisions

3,369 words·~15 min read·/usc/title-7/section-1736a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Subchapter II programs

(1)Acquisitions The importing country or private entity that enters into an agreement under subchapter II shall acquire the agricultural commodities to be financed under subchapter II.

(2)Invitation for bid No purchase of agricultural commodities from private stock or purchase of ocean transportation shall be financed under subchapter II 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 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 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 or importing country in arranging the purchase or shipping of commodities financed under subchapter II.

(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 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 or 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.

(c)Subchapters III and III–A program

(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 subchapter III and subchapter III–A.

(B)Certain commodities made available for nonemergency assistance In the case of agricultural commodities made available for nonemergency assistance under subchapter III 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.

(2)Freight procurement Notwithstanding chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or other similar provisions of law relating to the making or performance of Federal Government contracts, ocean transportation under subchapters III and III–A 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.

(3)Avoidance of conflict of interest Freight agents employed by the Agency for International Development under subchapters III and III–A 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 subchapters III and III-A 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 subchapter III 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 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.

(e)Deadline for agreements under subchapters II and III–A An agreement under subchapters II and III–A 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 chapter 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 chapter (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 chapter (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 chapter;

(ii)section 1431(b) of this title;

(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 1736o–1 of this title.

(D)An assessment of the progress made through programs under this chapter 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 1725 of this title to achieve an integrated and effective food assistance program.

(F)An assessment of—

(i)each program oversight, monitoring, and evaluation system implemented under section 1726a(f) of this title; and

(ii)the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this subchapter.

(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 chapter, 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 chapter, 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 chapter 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 1 1722(e), 1736(b)(6), and 1736a(c)(1)(B) of this title, 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.

(July 10, 1954, ch. 469, title IV, § 407, as added Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1537; amended Pub. L. 90–436, § 8, July 29, 1968, 82 Stat. 451; Pub. L. 94–161, title II, § 210, Dec. 20, 1975, 89 Stat. 854; Pub. L. 101–508, title I, § 1204(b)(3), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3650; Pub. L. 102–237, title III, §§ 319, 324, 325, 328, 329, 332, Dec. 13, 1991, 105 Stat. 1857, 1858; Pub. L. 104–66, title I, § 1011(e), Dec. 21, 1995, 109 Stat. 709;

Pub. L. 104–127, title II, § 216, Apr. 4, 1996, 110 Stat. 957; Pub. L. 106–472, title III, § 310(b), Nov. 9, 2000, 114 Stat. 2076; Pub. L. 107–171, title III, §§ 3010, 3011, May 13, 2002, 116 Stat. 284; Pub. L. 110–246, title III, §§ 3017, 3018(a), June 18, 2008, 122 Stat. 1827; Pub. L. 113–79, title III, §§ 3009, 3010, Feb. 7, 2014, 128 Stat. 776, 777; Pub. L. 115–334, title III, §§ 3111, 3112(a), Dec. 20, 2018, 132 Stat. 4605.)