22 U.S.C. § 2353 — Shipping on United States vessels

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 a note under section 2381 of this title. § 2353. Shipping on United States vessels The ocean transportation between foreign countries of commodities and defense articles purchased with foreign currencies made avail- able or derived from funds made available under this chapter or the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.], and transfers of fresh fruit and products thereof under this chap- ter, shall not be governed by the provisions of section 55305 of title 46, or any other law relat- ing to the ocean transportation of commodities on United States flag vessels. (Pub. L. 87–195, pt. III, § 603, Sept. 4, 1961, 75 Stat. 439; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. The Food for Peace Act, as amended, referred to in text, is act July 10, 1954, ch. 469, 68 Stat. 454, 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 sec- tion 1691 of Title 7 and Tables. CODIFICATION In text, ‘‘section 55305 of title 46’’ substituted for ‘‘section 901(b) of the Merchant Marine Act of 1936, as amended (46 U.S.C. 1241)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted section 55305 of Title 46, Shipping. AMENDMENTS 2008—Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assist- ance Act of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. § 2354. Procurement (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 re- quires commodities or services of a type that are not produced in and available for purchase in any country specified in sub- paragraph (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 ad- vanced 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 agri- cultural commodity or product thereof available for disposition under the Food for Peace Act, as amended [7 U.S.C. 1691 et seq.], for transfer by grant under this chapter to any recipient coun- try 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 ex- cept to the extent that such agricultural com- modity is not available in the United States in sufficient quantities to supply emergency re- quirements of recipients under this chapter.