(D) of substantial savings in costs or time 33 that may be effected by the utilization of points of entry other than ports;

(6) in the case of commodities for urgent and extraordinary relief requirements (including pre-positioned commodities) the transportation costs incurred in moving the commodities from designated points of entry or ports of entry abroad to storage and distribution sites and associated storage and distribution costs; and

(7) the charges for general average contributions arising out of the ocean transport of commodities transferred pursuant thereto.

(c) COMMODITY CREDIT CORPORATION.-The funds, facilities, and authorities of the Commodity Credit Corporation may be used to carry out this Act.

SEC. 407.34 ADMINISTRATIVE PROVISIONS.

(a) TITLE I PROGRAMS.

(1) ACQUISITIONS.-The importing country 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. (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 35 by the Commodity Credit Corporation under title I 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

33 Sec. 323 of Public Law 102-237 (105 Stat. 1857) struck out "items" and inserted in lieu thereof "time".

34 7 U.S.C. 1736a.

35 Sec. 329 of Public Law 102-237 (105 Stat. 1858) struck out "or agricultural commodity donated".

(C) forward a copy of the annual report referred to in subparagraph (B) to the appropriate committees of Con

gress.

(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 title I for a period of not to exceed 5 years. (c) AGENTS.

(1) AUTHORITY OF THE SECRETARY OR COMMODITY CREDIT COR

PORATION.

(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 title I.36

(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 37 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 title I of 38 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

36 Sec. 324 of Public Law 102-237 (105 Stat. 1857) struck out "this section" and inserted in lieu thereof "title I".

37 Sec. 325 of Public Law 102-237 (105 Stat. 1857) struck out “other”.

38 Sec. 319 of Public Law 102-237 (105 Stat. 1857) inserted "title I of" before "this Act" in sec. 407(c)2XB) and 407(c)(3).

services in connection with the carriage of commodities provided under title I of 38 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 39 acts as an agent, broker, consultant, or other representative of a person 40 engaged in providing 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.

(d) TITLE II AND III 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 title II and title III.

(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 titles II and III 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 titles II and III shall not represent any 41 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.) 42 or other similar provisions relating to the making or performance of Federal Government contracts, the Administrator may procure ocean transportation services under this Act 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 Act, the Secretary or the Administrator, as appropriate, shall consid

er

39 Sec. 328(a)(1) of Public Law 102-237 (105 Stat. 1828) inserted "provides or" after "in which such person".

40 Sec. 328(a)(2) of Public Law 102-237 (105 Stat. 1828) struck out "if the person is" and inserted in lieu thereof "of a person".

41 Sec. 328(b) of Public Law 102-237 (105 Stat. 1858) struck out "other".

42 Sec. 332 of Public Law 102-237 (105 Stat. 1858) struck out "the Federal Property Act of 1949, as amended,", and inserted in lieu thereof "the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)".

(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 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.

(g) ANNUAL REPORTS.—

(1) IN GENERAL.-The President shall prepare an annual report concerning the programs and activities implemented under this Act 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 Act;

(B) a general description of the projects or activities implemented under this Act, including local currency funded activities; and

(C) a statement of the amount of agricultural commodities made available to each country pursuant to section 416(b) of the Agricultural Act of 1949 and the Food for Progress Act of 1985.

(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) 43 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. SEC. 408.44 EXPIRATION DATE.

No agreements to finance sales or to provide other assistance under this Act shall be entered into after December 31, 1995. SEC. 409.45 REGULATIONS.

Not later than 180 days after November 28, 1990,46 regulations shall be issued to implement the provisions of this Act.

43 Sec. 4(c) of Executive Order No. 12752 of February 25, 1991 (56 F.R. 8255; February 27, 1991) delegated to the Administrator of the Agency for International Development the function conferred on the President in sec. 407(h).

447 U.S.C. 1736b.

45 7 U.S.C. 1736c.

46 Sec. 322 of Public Law 102-237 (105 Stat. 1857) struck out "the date of enactment of this Act" and inserted in lieu thereof "November 28, 1990", in secs. 409, 410(a), 410(b), 410(c), and 411(e).

SEC. 410.47 INDEPENDENT EVALUATION OF PROGRAMS.

(a) TITLE I PROGRAM.-Not later than 2 years after November 28, 1990,46 and 2 years thereafter, the Comptroller General of the United States shall select five countries that receive assistance under title I that are representative of all countries in three geographic regions and evaluate the uses of the funds under title I in such countries with respect to the impact of such uses on agricultural development, agricultural trade development, and the financial management of those funds, with reference to personnel requirements to manage these funds.

(b) TITLE II PROGRAM.-Not later than 2 years after November 28, 1990,46 and 2 years thereafter, the Comptroller General of the United States shall select five countries that receive assistance under title II that are representative of all countries in three geographic regions and evaluate the uses of the assistance provided under such title, including an evaluation of the impact of such assistance on enhancing food security in such countries and an evaluation of the use of local currencies for economic development, as well as the financial management of those funds, with reference to personnel requirements to manage these funds.

(c) TITLE III PROGRAM.-Not later than 2 years after November 28, 1990,46 and 2 years thereafter, the Comptroller General of the United States shall select five countries that receive assistance under title III that are representative of all such countries in three geographic regions and evaluate

(1) the uses of the commodities provided under such title in such countries; and

(2) the uses of the special account funds established in such countries under title III;

with respect to the impact of such uses and funds on enhancing food security, including nutrition, in such countries and the financial management of those funds, with reference to personnel requirements to manage such funds.

(d) REPORT TO CONGRESS.-The Comptroller General of the United States shall prepare and submit, to the Committee on Foreign Affairs and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report concerning the evaluations made under this section.

SEC. 411.48 DEBT FORGIVENESS.

(a) AUTHORITY.-The President, taking into account the financial resources of a country, may waive payments of principal and inter

47 7 U.S.C. 1736d.

48 7 U.S.C. 1736e. Title II, chapter VIII of Public Law 102-27 (105 Stat. 147; 7 U.S.C. 1736e note) provided the following:

"Title I of Public Law 480 program allowed for the repayment of loans for the sale of agricul tural commodities in foreign or local currencies until December 31, 1971. Since that time, until the law was changed in the 1985 farm bill, all sales have been on dollar credit terms. In view of the present financial situation, it is impossible for many countries to repay their loans in dollars. Therefore, the President may use the authority in section 411 and section 604 of the Agricultural Trade Development and Assistance Act of 1954 to renegotiate the payment on Public Law 480 debt in eligible countries in Latin America, the Caribbean and sub-Saharan Africa.". Sec. 4(d) of Executive Order No. 12752 of February 25, 1991 (56 F.R. 8255; February 27, 1991) delegated to the Secretary of Agriculture, in consultation with the Food Assistance Policy Council and the Department of the Treasury, the functions conferred on the President in sec. 411.