Limitations on procurement outside United States
Purchases in bulk
No funds made available under this chapter shall be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase, adjusted for differences in the cost of transportation to destination, quality, and terms of payment.
Agricultural commodities or products thereof available for disposition under Food for Peace Act
7 U.S.C. 1691In providing for the procurement of any agricultural commodity or product thereof available for disposition under the Food for Peace Act, as amended [ et seq.], for transfer by grant under this chapter to any recipient country in accordance with its requirements, the President shall, insofar as practicable and when in furtherance of the purposes of this chapter, authorize the procurement of such agricultural commodity only within the United States except to the extent that such agricultural commodity is not available in the United States in sufficient quantities to supply emergency requirements of recipients under this chapter.
Marine insurance
ProvidedIn providing assistance in the procurement of commodities in the United States, United States dollars shall be made available for marine insurance on such commodities where such insurance is placed on a competitive basis in accordance with normal trade practice prevailing prior to the outbreak of World War II: , That in the event a participating country, by statute, decree, rule, or regulation, discriminates against any marine insurance company authorized to do business in any State of the United States, then commodities purchased with funds provided hereunder and destined for such country shall be insured in the United States against marine risk with a company or companies authorized to do a marine insurance business in any State of the United States.
Parity for domestic commodities prior to use of funds outside United States
No funds made available under this chapter shall be used for the procurement of any agricultural commodity or product thereof outside the United States when the domestic price of such commodity is less than parity, unless the commodity to be financed could not reasonably be procured in the United States in fulfillment of the objectives of a particular assistance program under which such commodity procurement is to be financed.
Commodity eligibility
No funds authorized to be made available to carry out subchapter I of this chapter shall be used under any commodity import program to make any payment to a supplier unless the supplier has certified to the agency primarily responsible for administering such subchapter I, such information as such agency shall by regulation prescribe, including but not limited to, a description of the commodity supplied by him and its condition, and, on the basis of such information such agency shall have approved such commodity as eligible and suitable for financing under this chapter.
Construction or engineering services; applicability to advanced developing country
Pub. L. 87–19575 Stat. 439Pub. L. 89–58380 Stat. 804Pub. L. 90–55482 Stat. 963Pub. L. 96–533, title VII, § 70594 Stat. 3157Pub. L. 99–83, title XII, § 120799 Stat. 278Pub. L. 102–391, title V, § 597106 Stat. 1694Pub. L. 110–246, title III, § 3001(b)(1)(A)122 Stat. 1820(, pt. III, § 604, , ; , pt. III, § 301(b), , ; , pt. III, § 301(a), , ; , , ; , , ; , , ; , (2)(Q), , .)
Editorial Notes
References in Text
Pub. L. 87–19575 Stat. 424section 2151 of this titleThis chapter, referred to in subsecs. (a) to (c) and (e) to (g)(1), was in the original “this Act”, meaning , , , known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act July 10, 1954, ch. 46968 Stat. 454section 1691 of Title 7The Food for Peace Act, as amended, referred to in subsec. (c), is , , which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 110–2462008—Subsec. (c). substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.
Pub. L. 102–3911992—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Funds made available under this chapter may be used for procurement outside the United States only if the President determines that such procurement will not result in adverse effects upon the economy of the United States or the industrial mobilization base, with special reference to any areas of labor surplus or to the net position of the United States in its balance of payments with the rest of the world, which outweigh the economic or other advantages to the United States of less costly procurement outside the United States, and only if the price of any commodity procured in bulk is lower than the market price prevailing in the United States at the time of procurement, adjusted for differences in the cost of transportation to destination, quality, and terms of payment.”
Pub. L. 99–831985—Subsec. (g). designated existing provisions as par. (1) and added par. (2).
Pub. L. 96–533, § 705(a)1980—Subsec. (e). , authorized use of funds for procurement of a commodity outside the United States when the commodity to be financed could not reasonably be procured in the United States in fulfillment of objectives of a particular assistance program under which such commodity procurement is to be financed.
Pub. L. 96–533, § 705(b)Subsec. (g). , added subsec. (g).
Pub. L. 90–5541968—Subsec. (f). added subsec. (f).
Pub. L. 89–583, § 301(b)(1)1966—Subsec. (c). , struck out “surplus” before “agricultural commodity” in three places and inserted “or products thereof available for disposition under the Agricultural Trade Development and Assistance Act of 1954, as amended,” after “commodity” where first appearing.
Pub. L. 89–583, § 301(b)(2)Subsec. (e). , added subsec. (e).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
section 202(b) of Pub. L. 92–226section 2346 of this titleReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See , set out as a note under , and sections 2348c and 2349aa–5 of this title.
References to Part I Deemed To Include Section 2293
section 2293 of this titlesection 2293(d)(1) of this titleReferences to part I of subchapter I of this chapter are deemed to include a reference to . See .
Effective Date of 2008 Amendment
Pub. L. 110–246section 4(b) of Pub. L. 110–246section 8701 of Title 7Amendment by effective , see , set out as an Effective Date note under , Agriculture.
Effective Date of 1985 Amendment
Pub. L. 99–83section 1301 of Pub. L. 99–83section 2151–1 of this titleAmendment by effective , see , set out as a note under .
Executive Documents
Delegation of Functions
section 2381 of this titleFor delegation of functions of President under this section, see Ex. Ord. No. 12163, , 44 F.R. 56673, as amended, set out as a note under .