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and Assistance Act of 1954 and under the Food for Progress Act of 1985, as approved by the Secretary, and for such purposes as are approved by the Secretary. To ensure that the furnishing of commodities under this subsection is coordinated with and complements other United States foreign assistance, assistance under this subsection shall be coordinated through the mechanism designated by the President to coordinate assistance under the Agricultural Trade Development and Assistance Act of 1954.
(2) As used in this subsection, the term 'eligible commodities'
(A) dairy products, wheat, rice, feed grains, 15 and oilseeds acquired by the Commodity Credit Corporation through price support operations, and the products thereof, 15 that the Secre tary determines meet the criteria specified in subsection (a); and
(B) such other edible agricultural commodities as may be acquired by the Secretary or the Commodity Credit Corporation in the normal course of operations and that are available for disposition under this subsection, except that no such commodities may be acquired for the purpose of their use under this subsection.
(3)(A) Commodities may not be made available for disposition under this subsection in amounts that (i) will in any way reduce the amounts of commodities that traditionally are made available through donations to domestic feeding programs or agencies, or (ii) will prevent the Secretary from fulfilling any agreement entered into by the Secretary under a payment-in-kind program under this Act or other Acts administered by the Secretary.
(B)(i) The requirements of section 403(a) 16 of the Agricultural Trade Development and Assistance Act of 1954 shall apply with respect to commodities furnished under this subsection. Commodities may not be furnished for disposition to any country under this subsection except on determinations by the Secretary that
(I) the receiving country has the absorptive capacity to use the commodities efficiently and effectively; and
(II) such disposition of the commodities will not interfere with usual marketings of the United States, nor disrupt world prices of agricultural commodities and normal patterns of commercial trade with developing countries.
(ii) The requirement for safeguarding usual marketings of the United States shall not be used to prevent the furnishing under this subsection of any eligible commodity for use in countries that
(I) have not traditionally purchased the commodity from the United States; or
(II) do not have adequate financial resources to acquire the commodity from the United States through commercial sources or through concessional sales arrangements.
15 Subsec. (bX2XA) was amended by sec. 1 of Public Law 100-277 (102 Stat. 67) which inserted "wheat, rice, and feed grains" in lieu of "grains", and inserted ", and the products thereof," after "price support operations".
16 Sec. 1514(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101624; 104 Stat. 3662) struck out "402(b)" and inserted in lieu thereof “403(a)".
(C) The Secretary shall take reasonable precautions to ensure that
(i) commodities furnished under this subsection will not displace or interfere with sales that otherwise might be made; and
(ii) sales or barter under paragraph (7) will not unduly disrupt world prices of agricultural commodities nor normal patterns of commercial trade with friendly countries.
(D) 17 If eligible commodities are made available under this subsection to a friendly country, nonprofit and voluntary agencies and cooperatives shall also be eligible to receive commodities for food aid programs in the country.
(4) Agreements may be entered into under this subsection to provide eligible commodities in installments over an extended period of time. In agreements with recipients of eligible commodities under this subsection (including nonprofit and voluntary agencies or cooperatives), subject to the availability of commodities each fiscal year, the Secretary, on request, shall approve multiyear agreements to make agricultural commodities available for distribution or sale by the recipients if the agreements otherwise meet the requirements of this subsection. 18
(5)(A) Section 406 19 of the Agricultural Trade Development and Assistance Act of 1954 shall apply to the commodities furnished under this subsection.
(B) The Commodity Credit Corporation may pay the processing and domestic handling costs incurred, as authorized under this subsection, in the form of eligible commodities, as defined in paragraph (2)(A), if the Secretary determines that such in-kind payment will not disrupt domestic markets.
(6) The cost of commodities furnished under this subsection, and expenses incurred under section 406 19 of the Agricultural Trade Development and Assistance Act of 1954 in connection with those commodities, shall be in addition to the level of assistance programmed under that Act and shall not be considered expenditures for international affairs and finance.
(7) Eligible commodities 20 furnished under this subsection may be sold or bartered only with the approval of the Secretary and solely as follows:
(A) Sales and barter that are incidental to the donation of the commodities or products.
(B) Sales and barter to finance the distribution, handling, and processing costs of the donated commodities or products in the importing country or in a country through which such commodities or products must be transshipped, or other activities in the importing country that are consistent with providing food assistance to needy people.
17 Subsec. (D) was added by sec. 2 of Public Law 100-277 (102 Stat. 67).
18 The text to this point beginning with "In agreements with" was added by sec. 2 of Public Law 100-277 (102 Stat. 67).
19 Sec. 1514(3) and (4) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out "203" and inserted "406".
20 The text ", and products thereof," which previously appeared at this point was deleted by sec. 1(a)(b)(2) of Public Law 100-277 (102 Stat. 67).
(C) Sales and barter of commodities and products furnished to intergovernmental agencies or organizations, insofar as they are consistent with normal programming procedures in the distribution of commodities by those agencies or organizations.
(D)(i) Sales of commodities and products furnished to nonprofit and voluntary agencies, or cooperatives, for food assistance under agreements that provide for the use, by the agency or cooperative, of foreign currency proceeds generated from such sale of commodities or products for the purposes established in clause (ii) of this subparagraph.
(ii) 21 Foreign currencies generated from partial or full sales or barter of commodities by a nonprofit and voluntary agency or cooperative shall be used
(I) to transport, store, distribute, and otherwise enhance the effectiveness of the use of commodities and the products thereof donated under this section; and
(II) to implement income generating, community development, health, nutrition, cooperative development, agricultural programs, and other developmental activities. In addition, foreign currency proceeds generated in Poland may also be used by governmental and nongovernmental 22 agencies or cooperatives for eligible activities approved by the joint commission 23 established pursuant to section 2226 of the American Aid to Poland Act of 1988 24 and by the United States chief of diplomatic mission in Poland that would improve the quality of life of the Polish people and would strengthen and support the activities of governmental or 22 private, nongovernmental independent institutions in Poland. Activities eligible under the preceding sentence include
(I) any project undertaken in Poland under the auspices of the Charitable Commission of the Polish Catholic Episcopate for the benefit of handicapped or orphaned children;
(II) any project for the reconstruction, renovation, or maintenance of the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow,
21 Clause (ii) was amended and restated by sec. 4(a) of Public Law 100-277 (102 Stat. 67). Clause (ii) previously read as follows:
"(ii) Foreign currency proceeds generated from the sales of commodities and products under this subparagraph shall be used by nonprofit and voluntary agencies, or cooperatives, for activities carried out by the agency or cooperative that will enhance the effectiveness of transportation, distribution, and use of commodities and products donated under this subsection, including food for work programs and cooperative and agricultural projects.".
22 The paragraph titled "Poland Assistance" in sec. 562 of Public Law 101-513 (104 Stat. 2032) struck out "such" and inserted in lieu thereof "governmental and nongovernmental" following "may also be used by"; and inserted "governmental or" following "activities of".
23 Sec. 2226 of Public Law 100-418 provided the following concerning this joint commission: "(a)ESTABLISHMENT.-The joint commission referred to in sections 2223 and 2224 and in section 416(b)7XD)(ii) of the Agricultural Act of 1949 (as amended by section 2225 of this Act) shall be established under an agreement between the United States Government, the Government of Poland, and nongovernmental agencies (as defined in section 2223) operating in Poland. "(b)MEMBERSHIP.-The joint commission shall be composed of
"(1) appropriate representatives of the Government of Poland;
"(2) appropriate representatives of nongovernmental agencies which are parties to the agreement described in subsection (a); and
"(3) representatives from the United States diplomatic mission in Poland, which may include a representative of the Foreign Agricultural Service."
24 For text, see page 930.
Poland, established for the study of events related to the
(III) any other project or activity which strengthens and supports private and independent sectors of the Polish economy, especially independent farming and agriculture. 25
(iii) Except as otherwise provided in clause (v), such agreements, taken together for each fiscal year, shall provide for sales of commodities and products for foreign currency proceeds in amounts that are, in the aggregate, not less than 10 26 percent of the aggregate value of all commodities and products furnished, or the minimum tonnage required, whichever is greater,26 for carrying out programs of assistance under this subsection in such fiscal year. The minimum allocation requirements of this clause apply with respect to commodities and products made available under this subsection for carrying out programs of assistance under titles II and III 27 of the Agricultural Trade Development and Assistance Act of 1954, and not with respect to commodities and products made available to carry out the Food for Progress Act of 1985.
(iv) Foreign currency proceeds generated from the sale of commodities or products under this subparagraph shall be expended within the country of origin within one year of acquisition of such currency, except that the Secretary may permit the use of such proceeds (I) in countries other than the country of origin as necessary to expedite the transportation of commodities and products furnished under this subsection, and (II) after one year of acquisition as appropriate to achieve the purpose of clause (i).
(v) The provisions of clause (iii) of this subparagraph establishing minimum annual allocations for sales and use of proceeds shall not apply to the extent that there have not been sufficient requests for such sales and use of proceeds nor to the extent required under paragraph (3).
(E) Sales and barter to cover expenses incurred under paragraph (5)(a).
No portion of the proceeds or services realized from sales or barter under this paragraph may be used to meet operating and overhead expenses, except as otherwise provided in subparagraph (C) and except for personnel and administrative costs incurred by local cooperatives.
(F) 28 The provisions of sections 403(i) and 407(c) of the Agricultural Trade Development and Assistance Act of 1954 shall apply to donations, sales and barters of eligible commodities under this subsection.
25 Sec. 2225 of Public Law 100-418 added text beginning: "In addition, foreign currency proceeds".
26 Sec. 4(b) of Public Law 100-277 (102 Stat. 68). inserted "10 percent" in lieu of "5 percent" and added the text ", or the minimum tonnage required, whichever is greater,"
27 Sec. 1514(5XA) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) struck out "title II" and inserted in lieu thereof "titles II and III".
28 Sec. 1514(5)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3662) added subpar. (F). Sec. 333 of Public Law 102-237 (105 Stat. 1859) corrected the indentation of subpar. (F).
(8)(A) To the maximum extent practicable, expedited procedures shall be used in the implementation of this subsection.
(B) The Secretary shall be responsible for regulations governing sales and barter, and the use of foreign currency proceeds, under paragraph (7) of this subsection that will provide reasonable safeguards to prevent the occurrence of abuses in the conduct of activities provided for in paragraph (7).
(CXi) 29 If a proposal to make eligible commodities available under this subsection is submitted by a nonprofit and voluntary agency or cooperative with the concurrence of the appropriate United States Government field mission or if a proposal to make such commodities available to a nonprofit and voluntary agency or cooperative is submitted by the United States Government field mission, a decision on the proposal shall be provided within 45 days after receipt by the Agency for International Development office in Washington, D.C. The response shall detail the reasons for approval or denial of the proposal. If the proposal is denied, the response shall specify the conditions that would need to be met for the proposal to be approved.
(ii) Not later than 30 days before the issuance of a final guideline issued to carry out this subsection, the Secretary shall—
(I) provide notice of the proposed guideline to nonprofit and voluntary agencies and cooperatives that participate in programs under this subsection, and other interested persons, that the proposed guideline is available for review and comment;
(II) make the proposed guideline available, on request, to nonprofit and voluntary agencies, cooperatives, and others; and
(III) take any comments received into consideration before the issuance of the final guideline.
(iii) Not later that 15 days after receipt of a call forward from a field mission for commodities or products that meets the requirements of this subsection, the order for the purchase or the supply, from inventory, of such commodities or products shall be transmitted to the Commodity Credit Corporation.
(9)(A) Each recipient of commodities and products approved for sale or barter under paragraph (7) shall report to the Secretary information with respect to the items required to be included in the Secretary's report pursuant to clause (i) through (iv) of subparagraph (B). Reports pursuant to this subparagraph shall be submitted in accordance with regulations of the Secretary. Such regulations shall require at least one report annually, to be submitted not later than December 31 following the end of the fiscal year in which the commodities and products are received; except that a report shall not be required with respect to fiscal year 1985.
(B) Not later than February 15, 1987, and annually thereafter, the Secretary shall report to the Congress on sales and barter, and use of foreign currency proceeds, under paragraph (7) during the preceding fiscal year. Such report shall include information on
29 Subsec. (C) was added by sec. 5 of Public Law 100-277 (102 Stat. 68).