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22 U.S.C. § 2354 — Procurement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations on procurement outside United States**
(1) Funds made available for assistance under this chapter may be used by the President for procurement—
(A) only in the United States, the recipient country, or developing countries; or
(B) in any other country but only if—
(i) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in subparagraph (A); or
(ii) the President determines, on a case-by-case basis, that procurement in such other country is necessary—
(I) to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in subparagraph (A); or
(II) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(2) For purposes of this subsection, the term “developing countries” shall not include advanced developing countries.
**(b) 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.
**(c) Agricultural commodities or products thereof available for disposition under Food for Peace Act** In providing for the procurement of any agricultural commodity or product thereof available for disposition under the Food for Peace Act, as amended [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.], for transfer by grant under this chapter to any recipient
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Source location: Title 22, Chapter 32, § 2354; chapter-032-foreign-assistance.md
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**(a) Limitations on procurement outside United States**
(1) Funds made available for assistance under this chapter may be used by the President for procurement—
(A) only in the United States, the recipient country, or developing countries; or
(B) in any other country but only if—
(i) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in subparagraph (A); or
(ii) the President determines, on a case-by-case basis, that procurement in such other country is necessary—
(I) to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in subparagraph (A); or
(II) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(2) For purposes of this subsection, the term “developing countries” shall not include advanced developing countries.
**(b) 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.
**(c) Agricultural commodities or products thereof available for disposition under Food for Peace Act** In providing for the procurement of any agricultural commodity or product thereof available for disposition under the Food for Peace Act, as amended [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) 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.
**(d) Marine insurance** In 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: Provided, 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.
**(e) 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.
**(f) 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.
**(g) Construction or engineering services; applicability to advanced developing country**
(1) None of the funds authorized to be appropriated or made available for obligation or expenditure under this chapter may be made available for the procurement of construction or engineering services from advanced developing countries, eligible under the Geographic Code 941, which have attained a competitive capability in international markets for construction services or engineering services.
(2) Paragraph (1) does not apply with respect to an advanced developing country which—
(A) is receiving direct economic assistance under part I of subchapter I of this chapter or part IV of subchapter II of this chapter, and
(B) if the country has its own foreign assistance programs which finance the procurement of construction or engineering services, permits United States firms to compete for those services.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of negotiations** The Secretary of State and the Secretary of the Treasury shall, in every feasible instance, notify the designated congressional committees not less than 15 days prior to any formal negotiation for debt relief under this subchapter.
**(b) Transmittal of text of agreements** The Secretary of State shall transmit to the designated congressional committees a copy of the text of any agreement with any foreign government which would result in any debt relief under this subchapter no less than 30 days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief.
**(c) Annual report** The Secretary of State or the Secretary of the Treasury, as appropriate, shall submit to the designated congressional committees not later than February 1 of each year a consolidated statement of the budgetary implications of all debt relief agreements entered into force under this subchapter during the preceding fiscal year.
**(d) Designated congressional committees** As used in this section, the term “designated congressional committees” means 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 1691
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise** The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
**(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review** The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertake
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2381
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Federal law — U.S. Code and appendices · legal_authorities
(a) United States development cooperation policy
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
**(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
**(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2346
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) drought and famine have caused countless deaths and untold suffering among the people of sub-Saharan Africa;
(2) drought and famine in combination with other factors such as desertification, government neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in sub-Saharan Africa; and
(3) the most cost-effective and efficient way of overcoming Africa’s vulnerability to drought and famine is to address Africa’s long-term development needs through a process that builds upon the needs and capabilities of the African people, promotes sustained and equitable economic growth, preserves the environment, and protects the rights of the individual.
**(b) Authority to furnish assistance** The President is authorized to furnish project and program assistance, on such terms and conditions as he may determine in accordance with the policies contained in this section, for long-term development in sub-Saharan Africa.
**(c) Purpose of assistance**
(1) **Purpose** — The purpose of assistance under this section shall be to help the poor majority of men and women in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant.
(2) **Use of assistance to encourage private sector development** — Assistance under this section should, in a manner consistent with paragraph (1), be used to promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector.
**(d) Application of development assistance general authorities and policies** E
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2293
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1761, acts Aug. 26, 1954, ch. 937, ch. IV, § 509, 68 Stat. 853; July 8, 1955, ch. 301, § 9(d), 69 Stat. 288; July 18, 1956, ch. 627, § 9(d), 70 Stat. 560; Aug. 14, 1957, Pub. L. 85–141, § 9(d), 71 Stat. 363; June 30, 1958, Pub. L. 85–477, ch. IV, § 401(b), 72 Stat. 269, related to shipping on United States vessels. See [section 2353 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2353&num=0&edition=prelim).
Section 1762, acts Aug. 26, 1954, ch. 937, ch. IV, § 510, 68 Stat. 853; June 30, 1958, Pub. L. 85–477, ch. IV, § 401(c), ch. V, § 501(19), 72 Stat. 269, 271; July 24, 1959, Pub. L. 86–108, ch. IV, § 401(d), 73 Stat. 253, related to purchase of commodities in bulk and to surplus agricultural commodities. See [section 2354 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2354&num=0&edition=prelim).
Section 1763, acts Aug. 26, 1954, ch. 937, ch. IV, § 511, 68 Stat. 853; Aug. 14, 1957, Pub. L. 85–141, § 9(e), 71 Stat. 363; June 30, 1958, Pub. L. 85–477, ch. V, § 501(20), (21), 72 Stat. 271, provided for preservation of military stock and retention and return of equipment. See [section 2355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2355&num=0&edition=prelim).
Section 1764, act Aug. 26, 1954, ch. 937, ch. IV, § 512, 68 Stat. 854, prescribed penalties for accepting commissions, etc., for procurement services by United States officers and employees.
Section 1765, act Aug. 26, 1954, ch. 937, ch. IV, § 513, as added Aug. 14, 1957, Pub. L. 85–141, § 9(f), 71 Stat. 363; amended June 30, 1958, Pub. L. 85–477, ch. V, § 501(22), 72 Stat. 271; May 14, 1960, Pub. L. 86–472, ch. IV, § 401(d), 74 Stat. 139, provided for n
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Federal law — U.S. Code and appendices · legal_authorities
Page 832
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2353
mittee on Small Business of the House of Rep-
resentatives; and
‘‘(B) the Committee on Foreign Relations and the
Committee on Small Business [now Committee on
Small Business and Entrepreneurship] of the Sen-
ate.’’
PROCUREMENTS FROM SMALL BUSINESSES
Pub. L. 94–329, title VI, § 602, June 30, 1976, 90 Stat.
766, provided that: ‘‘In order to encourage procure-
ments from small business concerns under chapter 4 of
the Foreign Assistance Act of 1961 [part IV of sub-
chapter II of this chapter], the Administrator of the
Agency for International Development shall report to
the Congress every six months on the extent to which
small businesses have participated in procurements
under such chapter [part] and on what efforts the Agen-
cy has made to foster such procurements from small
business concerns. The Small Business Administration
shall lend all available assistance to the Agency for the
purposes of carrying out this section.’’
[For termination, effective May 15, 2000, of reporting
provisions in section 602 of Pub. L. 94–329, set out
above, see section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and
Finance, and page 130 of House Document No. 103–7.]
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of functions of President under this
section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
56673, as amended, set out as a note under section 2381
of this title.
OFFICE IN AGENCY FOR INTERNATIONAL DEVELOPMENT
For location of the Office of Small Business, provided
for in subsec. (b), in the United States Agency for
International Development, see section 1–200(d) of Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
set out as
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2354
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Federal law — U.S. Code and appendices · legal_authorities
Page 956
TITLE 7—AGRICULTURE
§ 1691
Sec.
1738m.
Annual report to Congress.
1738n.
Consultations with Congress.
1738o.
Sale of qualified debt to eligible coun-
tries.
1738p.
Sale, reduction, or cancellation of quali-
fied debt to facilitate certain debt
swaps.
1738q.
Notification to congressional commit-
tees.
1738r.
‘‘Qualified debt’’ defined.
§ 1691. United States policy
It is the policy of the United States to use its
abundant agricultural productivity to promote
the foreign policy of the United States by en-
hancing the food security of the developing
world through the use of agricultural commod-
ities and local currencies accruing under this
chapter to—
(1) combat world hunger and malnutrition
and their causes;
(2) promote broad-based, equitable, and sus-
tainable development, including agricultural
development;
(3) expand international trade;
(4) foster and encourage the development of
private enterprise and democratic participa-
tion in developing countries; and
(5) prevent conflicts.
(July 10, 1954, ch. 469, § 2, 68 Stat. 454; Pub. L.
89–808, § 2(A), Nov. 11, 1966, 80 Stat. 1526; Pub. L.
94–161, title II, § 201, Dec. 20, 1975, 89 Stat. 850;
Pub. L. 99–198, title XI, § 1111(a), Dec. 23, 1985, 99
Stat. 1474; Pub. L. 101–624, title XV, § 1512, Nov.
28, 1990, 104 Stat. 3633; Pub. L. 107–171, title III,
§ 3001, May 13, 2002, 116 Stat. 280; Pub. L. 110–246,
title III, § 3002, June 18, 2008, 122 Stat. 1821.)
Editorial Notes
AMENDMENTS
2008—Pars. (4) to (6). Pub. L. 110–246 redesignated
pars. (5) and (6) as (4) and (5), respectively, and struck
out former par. (4) which read as follows: ‘‘develop and
expand export markets for United States agricultural
commodities;’’.
2002—Par. (6). Pub. L. 107–171 added par. (6).
1990—Pub. L. 10
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 1691
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