Source
(July 10, 1954, ch. 469, title IV, § 407, as added Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1537; amended Pub. L. 90–436, § 8, July 29, 1968, 82 Stat. 451; Pub. L. 94–161, title II, § 210, Dec. 20, 1975, 89 Stat. 854; Pub. L. 101–508, title I, § 1204(b)(3), Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3650; Pub. L. 102–237, title III, §§ 319,
324,
325,
328,
329,
332, Dec. 13, 1991, 105 Stat. 1857, 1858; Pub. L. 104–66, title I, § 1011(e), Dec. 21, 1995, 109 Stat. 709; Pub. L. 104–127, title II, § 216, Apr. 4, 1996, 110 Stat. 957; Pub. L. 106–472, title III, § 310(b), Nov. 9, 2000, 114 Stat. 2076; Pub. L. 107–171, title III, §§ 3010,
3011, May 13, 2002, 116 Stat. 284.)
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c)(2), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (§ 251 et seq.) of chapter
4 of Title
41, Public Contracts, the Act was repealed and reenacted by
Pub. L. 107–217, §§ 1,
6
(b), Aug. 21, 2002,
116 Stat. 1062, 1304, as chapters 1 to 11 of Title
40, Public Buildings, Property, and Works.
The Food for Progress Act of 1985, referred to in subsec. (f)(2)(C), is
Pub. L. 99–198, title XI, § 1110, Dec. 23, 1985,
99 Stat. 1472, as amended, which is classified to section
1736o of this title.
Amendments
2002—Subsec. (c)(1).
Pub. L. 107–171, § 3011, designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (c)(4).
Pub. L. 107–171, § 3010, substituted “through 2007” for “and 2002”.
2000—Subsec. (c)(4).
Pub. L. 106–472 added par. (4).
1996—
Pub. L. 104–127, § 216(2)–(5), which directed amendment of subsecs. (c), (d), (g), and (h), respectively, of this section, was executed to subsecs. (b), (c), (f), and (g), respectively, of this section, to reflect the probable intent of Congress and the intervening amendment by
Pub. L. 104–66 which struck out subsec. (b) and redesignated subsecs. (c) to (h) as (b) to (g), respectively. See 1995 Amendment note below.
Subsec. (a)(1).
Pub. L. 104–127, § 216(1)(A), inserted “or private entity that enters into an agreement under subchapter II of this chapter” after “importing country”.
Subsec. (a)(2).
Pub. L. 104–127, § 216(1)(B), inserted at end “Resulting contracts may contain such terms and conditions as the Secretary determines are necessary and appropriate.”
Subsec. (b)(1)(A), (2)(A).
Pub. L. 104–127, § 216(2), inserted “importer or” before “importing country”.
Subsec. (c)(2).
Pub. L. 104–127, § 216(3)(A), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “No purchase of agricultural commodities from private stocks or purchase of ocean transportation services by the United States Government shall be financed under subchapters III and III–A of this chapter 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.”
Subsec. (c)(4).
Pub. L. 104–127, § 216(3)(B), struck out heading and text of par. (4). Text read as follows: “Notwithstanding any provision of the Federal Property and Administrative Services Act of 1949 (
40 U.S.C. 471 et seq.) or other similar provisions relating to the making or performance of Federal Government contracts, the Administrator may procure ocean transportation services under this chapter under such full and open competitive procedures as the Administrator determines are necessary and appropriate.”
Subsec. (f)(2)(D).
Pub. L. 104–127, § 216(4), added subpar. (D).
Subsec. (g).
Pub. L. 104–127, § 216(5), struck out heading and text of subsec. (g). Text read as follows: “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.”
1995—Subsecs. (b) to (h).
Pub. L. 104–66 redesignated subsecs. (c) to (h) as (b) to (g), respectively, and struck out former subsec. (b) which required reporting of agricultural commodity or ocean transportation supplier fees.
1991—Subsec. (b)(1).
Pub. L. 102–237, § 329, struck out “or agricultural commodity donated” after “ocean transportation financed”.
Subsec. (c)(1)(A).
Pub. L. 102–237, § 324, substituted “subchapter II of this chapter” for “this section”.
Subsec. (c)(1)(C).
Pub. L. 102–237, § 325, struck out “other” before “foreign government”.
Subsec. (c)(2)(B), (3).
Pub. L. 102–237, § 319, inserted “subchapter II of” before “this chapter”.
Subsec. (c)(4).
Pub. L. 102–237, § 328(a), inserted “provides or” after “in which such person” and substituted “of a person” for “if the person is”.
Subsec. (d)(3).
Pub. L. 102–237, § 328(b), struck out “other” before “foreign government”.
Subsec. (d)(4).
Pub. L. 102–237, § 332, substituted “the Federal Property and Administrative Services Act of 1949 (
40 U.S.C. 471 et seq.)” for “the Federal Property Act of 1949, as amended,”.
1990—
Pub. L. 101–624 amended section generally, substituting present provisions for provisions which established an Advisory Committee to survey the general policies relating to the administration of this chapter, including implementation of self-help provisions, uses to be made of foreign currencies, amount of currencies to be reserved in sales agreements for loans to private industry, rates of exchange, interest rates, and terms under which dollar credit sales are made.
Subsec. (c)(4).
Pub. L. 101–508 substituted “providing ocean transportation or” for “providing ocean”.
1975—
Pub. L. 94–161 inserted “, or their designees (who shall be members of such committees or, in the case of members from the executive branch, who shall have been confirmed by the Senate)” in first sentence.
1968—
Pub. L. 90–436 struck out provisions that the vice chairman and one ranking minority member of the specified House committees and the next ranking majority member and one ranking minority member of the specified Senate committees be members of the Advisory Committee, and inserted provisions requiring the Advisory Committee to meet not less than four times during each calendar year and setting forth the order of precedence at such meetings.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Pub. L. 104–14, set out as a note preceding section
21 of Title
2, The Congress.
Effective Date of 1990 Amendments
Amendment by
Pub. L. 101–624 effective Jan. 1, 1991, see section 1513 of
Pub. L. 101–624, set out as a note under section
1691 of this title.
Amendment by
Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of
Pub. L. 101–508, set out as an Effective Date note under section
940d of this title.
Effective Date
Section effective Jan. 1, 1967, see section 5 of
Pub. L. 89–808, set out as an Effective Date of 1966 Amendment note under section
1691 of this title.
Delegation of Functions
Functions of President under subsec. (h) [now (g)] of this section delegated to Administrator of the Agency for International Development by section 4(c) of Ex. Ord. No. 12752, Feb. 25, 1991,
56 F.R.
8256, set out as a note under section
1691 of this title.
Preparation of Annual Report
For provisions requiring Food Assistance Policy Council to prepare annual report pursuant to subsec. (g)(1) [now (f)(1)] of this section, see Ex. Ord. No. 12752, § 3(c), Feb. 25, 1991,
56 F.R.
8256, set out as a note under section
1691 of this title.