Federal financial assistance, in whole or in part, under the program involved and may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including provisions designed to assure that no Federal financial assistance will thereafter be extended under such program to the applicant or recipient determined by such decision to be in default in its performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the Administrator that it will fully comply with this part.

cluding his recommended findings and proposed decision to the Administrator for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient and the complainant. Where the initial decision is made by the hearing examiner the applicant or recipient may within 30 days of the mailing of such notice of initial decision file with the Administrator his exceptions to the initial decision, with his reasons therefor. In the absence of exceptions, the Administrator may on his own motion within 45 days after the initial decision serve on the applicant or recipient a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review the Administrator shall review the initial decision and issue his own decision thereon including the reasons therefor. The decision of the Administrator shall be mailed promptly to the applicant or recipient and the complainant, if any. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the Administrator.

(b) Decisions on record or review by the Administrator. Wherever a record is certified to the Administrator for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a) of this section, or whenever the Administrator conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the Administrator shall be given in writing to the applicant or recipient and the complainant, if any.

(c) Decisions on record where a hearing is waived. Wherever a hearing is waived pursuant to § 209.9(a) a decision shall be made by the Administrator on the record and a copy of such decision shall be given in writing to the applicant or recipient, and to the complainant, if any.

(d) Rulings required. Each decision of a hearing officer or the Administrator shall set forth his ruling on each finding, conclusion, or exception presented, and shall identify the requirement or requirements imposed by or pursuant to this part with which it is found that the applicant or recipient has failed to comply.

(e) Content of orders. The final decision may provide for suspension or termination of, or refusal to grant or continue

§ 209.11 Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 209.12 Effect on other regulations; supervision and coordination.

(a) All regulations, orders or like directions heretofore issued by any officer of the Agency for International Development which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this part. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (1) Executive Orders 10925 and 11114, and regulations issued thereunder, or (2) any other regulation or instruction insofar as it prohibits discrimination on the grounds of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibits discrimination on any other ground.

(b) Supervision and coordination. The Administrator may from time to time assign to officials of other departments or agencies of the government

This part prescribes the regulations that are required by section 111 of the Foreign Assistance and Related Agencies appropriation Act, 1966, which provides:

None of the funds appropriated or made available by this or any predecessor Act for the years subsequent to fiscal year 1962 for carrying out the Foreign Assistance Act of 1961, as amended, may be used on or after 60 days from the date of enactment of this Act to make payments with respect to any contract for the performance of services outside the United States by United States citizens unless the President shall have promulgated regulations that provide for the investigation of such citizens for loyalty and security to the extent necessary to protect the security and other interests of the United States: Provided, That such regulations shall require that any such U.S. citizen who will have access, in connection with the performance of

The following definition applies to this part:

"Act" means Title I of the Foreign Assistance and Related Agencies Appropriation Act, 1966; any subsequently enacted law which appropriates or makes funds available for carrying out the Foreign Assistance Act of 1961, as amended, and to which a restriction applies that is identical with or substantially similar to the restriction contained in section 111 of the Foreign Assistance and Related Agencies Appropriation Act, 1966; any previously enacted Act which appropriates or makes funds available for the years subsequent to fiscal year 1962 for carrying out the Foreign Assistance Act of 1961, as amended.

PART 211-TRANSFER OF FOOD COMMODITIES FOR USE IN DISASTER RELIEF AND ECONOMIC DEVELOPMENT, AND OTHER ASSISTANCE

Sec.

211.1

211.2

211.3

211.4 211.5

211.6

211.7

211.8

211.9

General purpose and scope.
Definitions.

Agreement with cooperating sponsor.
Availability of commodities.
Obligations of cooperating sponsors.
Processing, repackaging, and label-
ing commodities.

Arrangements for entry and handling
in foreign country.
Disposition of commodities unfit for
authorized use.

Liability for loss and damage or improper distribution of commodities. 211.10 Records and reporting requirements of cooperating sponsor. 211.11 Termination of program. 211.12 Waiver and amendment authority. AUTHORITY: The provisions of this Part 211 issued under secs. 105, 201, 202, 203, 305, 68 Stat. 454, as amended; 7 U.S.C. 1705, 1721, 1722, 1723, 1694.

SOURCE: The provisions of this Part 211 contained in A.I.D. Regulation 11, 33 F.R. 2918, Feb. 13, 1968, unless otherwise noted. § 211.1 General purpose and scope.

(a) Terms and conditions. This Part 211 contains the regulations prescribing the terms and conditions governing the transfer of agricultural commodities to foreign governments, U.S. voluntary agencies, or intergovernmental organizations (except the World Food Program and United Nations Relief and Works Agency) pursuant to Title II, the Agricultural Trade Development and Assistance Act of 1954, as amended (Public Law 480, 83d Congress, as amended) (1) to meet famine or other urgent or extraordinary relief requirements; (2) to combat malnutrition, especially in children; (3) to promote economic and community development in friendly developing areas; (4) for needy persons, nonprofit school lunch programs, and preschool feeding programs outside the United States.

(b) Legislation. The legislation implemented by the regulations in this part is as follows:

(1) Section 201 of the Agricultural Trade Development and Assistance Act of 1954, as amended, provides as follows:

The President is authorized to determine requirements and furnish agricultural commodities, on behalf of the people of the United States of America, to meet famine or other urgent or extraordinary relief requirements; to combat malnutrition, especially in children; to promote economic and community development in friendly developing areas; and for needy persons and nonprofit school lunch and preschool feeding programs outside the United States. The Commodity Credit Corporation shall make available to the President such agricultural commodities determined to be available under section 401 as he may request.

(2) Section 202 of the Agricultural Trade Development and Assistance Act of 1954, as amended, which provides as follows:

The President may furnish commodities for the purposes set forth in section 201 through such friendly governments and such agencies, private or public, including intergovernmental organizations such as the World Food Program and other multilateral organizations in such manner and upon such terms and conditions as he deems appropriate. The President shall, to the extent practicable, utilize nonprofit voluntary agencies registered with, and approved by, the Advisory Committee on Voluntary Foreign Aid. Insofar as practicable, all commodities furnished hereunder shall be clearly identified by appropriate marking on each package or container in the language of the locality where they are distributed as being furnished by the people of the United States of America. The assistance to needy persons shall insofar as practicable be directed toward community and other self-help activities designed to alleviate the causes of the need for such assistance. Except in the case of emergency, the President shall take reasonable precaution to assure that commodities furnished hereunder will not displace or interfere with sales which might otherwise be made.

(3) Section 203 of the Agricultural Trade Development and Assistance Act of 1954, as amended, which provides as follows:

The Commodity Credit Corporation may, in addition to the cost of acquisition, pay with respect to commodities made available under this title costs for packaging, enrichment, preservation, and fortification; processing, transportation, handling, and other incidental costs up to the time of their delivery free on board vessels in U.S. ports; ocean freight charges from U.S. ports to designated ports of entry abroad, or, in the case of landlocked countries, transportation from U.S. ports to designated points of

entry abroad; and charges for general average contributions arising out of the ocean transport of commodities transferred pursuant thereto.

(4) Section 204 of the Agricultural Trade Development and Assistance Act of 1954, as amended, provides in part as follows:

In addition to other funds available for such purposes under any other Act, funds made available under this title may be used in an amount not exceeding $7,500,000 annually to purchase foreign currencies accruing under title I of this Act in order to meet costs (except the personnel and administrative costs of cooperating sponsors, distributing agencies, and recipient agencies, and the costs of construction or maintenance of any church owned or operated edifice or any other edifices to be used for sectarian purposes) designed to assure that commodities made available under this title are used to carry out effectively the purposes for which such commodities are made available or to promote community and other self-help activities designed to alleviate the causes of the need for such assistance: Provided, however, That such funds shall be used only to supplement and not substitute for funds normally available for such purposes from other nonUnited States Government sources.

(5) Section 401 of the Agricultural Trade Development and Assistance Act of 1954, as amended, which provides as follows:

After consulting with other agencies of the Government affected and within policies laid down by the President for implementing this Act, and after taking into account productive capacity, domestic requirements, farm and consumer price levels, commercial exports, and adequate carryover, the Secretary of Agriculture shall determine the agricultural commodities and quantities thereof available for disposition under this Act, and the commodities and quantities thereof which may be included in the negotiations with each country. No commodity shall be available for disposition under this Act if such disposition would reduce the domestic supply of such commodity below that needed to meet domestic requirements, adequate carryover, and anticipated exports for dollars as determined by the Secretary of Agriculture at the time of exportation of such commodity.

(6) Section 402 of the Agricultural Trade Development and Assistance Act of 1954, as amended, which provides as follows:

The term "agricultural commodity" as used in this Act shall include any agricultural

commodity produced in the United States or product thereof produced in the United States: Provided, however, That the term "agricultural commodity" shall not include alcoholic beverages, and for the purposes of title II of this Act, tobacco or products thereof. Subject to the availability of appropriations therefor, any domestically produced fishery product may be made available under this Act.

(7) Section 404 of the Agricultural Trade Development and Assistance Act of 1954, as amended, which provides as follows:

The programs of assistance undertaken pursuant to this Act shall be directed toward the attainment of the humanitarian objectives and national interest of the United States.

(8) Section 405 of the Agricultural Trade Development and Assistance Act of 1954, as amended, which provides as follows:

The authority and funds provided by this Act shall be utilized in a manner that will assist friendly countries that are determined to help themselves toward a greater degree of self-reliance in providing enough food to meet the needs of their people and in resolving their problems relative to population growth.

(a) "AID" means the Agency for International Development or any successor agency, including, when applicable, each USAID. “USAID” means an office of AID located in a foreign country. "AID/W" means the Office of AID located in Washington, D.C.

(b) "Commodities" means food, feed, or fiber transferred or available for transfer to cooperating sponsors under any of the legislation referred to in this part and food, feed, or fiber exchanged for such transferred commodities as provided in this Part 211.

(c) "CCC" means the Commodity Credit Corporation, a corporate agency and instrumentality of the United States within the U.S. Department of Agriculture.

(d) "Cooperating sponsor" means the foreign government, the U.S. registered voluntary agency, the American National Red Cross, or the intergovernmental organization, which enters into an agreement with the U.S. Government for the use of agricultural commodities and/or