Page:United States Statutes at Large Volume 104 Part 5.djvu/329

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT, 3651 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 or agricultural commodity donated 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 "(C) forward a copy of the annual report referred to in subparagraph (B) to the appropriate committees of Congress. "(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 this section. "(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 CONFUCT OF INTEREST OF CONTRAC- TORS.— Freight agents employed by the Secretary or the Commodity Credit Corporation under title I shall not represent any other 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 (Dommodity Credit Corporation may enter into an agreement with the importing country that contains the terms and conditions that will govern the

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