7 U.S.C. § 1736a — Administrative provisions

Page 998 TITLE 7—AGRICULTURE § 1736a (7) serve as a member of the Development Coordination Committee and the Food Aid Subcommittee of such Committee; (8) advise departments and agencies of the Federal Government on their policy guidelines on basic issues of food assistance policy to the extent necessary to assure the coordination of food assistance programs, consistent with law, and with the advice of such Subcommittee; and (9) submit a report to the President and Con- gress each year through 1990 containing— (A) a global analysis of world food needs and production; and (B) a detailed plan for using available ex- port and food aid authorities to increase United States agricultural exports to those targeted countries. (d) Compensation Compensation for the Special Assistant shall be fixed by the President at an annual rate of basic pay of not less than the rate applicable to positions in level III of the Executive Schedule. (Pub. L. 99–198, title XI, § 1113(a)–(d), Dec. 23, 1985, 99 Stat. 1479; Pub. L. 99–260, § 4(a)(1), (b), (d), Mar. 20, 1986, 100 Stat. 49; Pub. L. 101–624, title XV, § 1572(2), Nov. 28, 1990, 104 Stat. 3702.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (d), is set out in section 5314 of Title 5, Govern- ment Organization and Employees. CODIFICATION Section was enacted as part of the Food Security Act of 1985, and not as part of the Food for Peace Act which comprises this chapter. Another section 1113(d) of Pub. L. 99–198 amended sec- tion 5312 of Title 5, Government Organization and Em- ployees. AMENDMENTS 1990—Subsec. (c)(9)(B), (C). Pub. L. 101–624 redesig- nated subpar. (C) as (B) and struck out former subpar. (B) which required that report contain identification of at least 15 target countries most likely to emerge as growth markets for commodities in next 5 to 10 years. 1986—Pub. L. 99–260, § 4(a)(1)(A), substituted ‘‘Food Assistance’’ for ‘‘Food Aid’’ in section catchline. Subsec. (a). Pub. L. 99–260, § 4(a)(1)(B), (b), substituted ‘‘Food Assistance’’ for ‘‘Food Aid’’ and inserted provi- sion that the President appoint the initial Special As- sistant not later than May 1, 1986. Subsec. (d). Pub. L. 99–260, § 4(d), amended subsec. (d) generally, substituting provision relating to compensa- tion of the Special Assistant for provision relating to additional required functions of the Special Assistant. § 1736a. Administrative provisions (a) Subchapter II programs (1) Acquisitions The importing country or private entity that enters into an agreement under sub- chapter II shall acquire the agricultural com- modities to be financed under subchapter II. (2) Invitation for bid No purchase of agricultural commodities from private stock or purchase of ocean trans- portation shall be financed under subchapter II unless such purchases are made on the basis of an invitation for bid that is publicly adver- tised in the United States, and on the basis of bid offerings that shall conform to such invi- tation and be received and publicly opened in the United States. All awards in the purchase of commodities or ocean transportation fi- nanced under subchapter II shall be consistent with open, competitive, and responsive bid procedures, as determined appropriate by the Secretary. Resulting contracts may contain such terms and conditions as the Secretary de- termines are necessary and appropriate. (b) Agents (1) Authority of Secretary or Commodity Cred- it Corporation (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 importer or importing country in arranging the purchase or shipping of commodities financed under subchapter II. (B) Exception Notwithstanding subparagraph (A), the Secretary or the Commodity Credit Corpora- tion may award, under a competitive bidding process, contracts for establishing freight agents who shall act on behalf of the Sec- retary or the Corporation to handle the ship- ping of commodities financed under this chapter. (C) Avoidance of conflict of interest of con- tractors Freight agents employed by the Secretary or the Commodity Credit Corporation under subchapter II shall not represent any foreign government during the period of their con- tract with the United States Government. (2) Reasonable fees and commissions (A) Fees Notwithstanding any other provision of law, the Secretary or the Commodity Credit Corporation may enter into an agreement with the importer or importing country that contains the terms and conditions that will govern the provision of purchasing or ship- ping agent services by the Secretary or the Corporation, including the establishment of fees for such services. Any such fees shall be fair and reasonable in relation to the serv- ices performed and shall be available as re- imbursement for costs incurred in providing such services. (B) Prohibition on commissions Commissions, fees, or other payments to any selling agent or to any agent of a pur- chaser shall be prohibited in the purchase of agricultural commodities that are financed under subchapter II of this chapter. (3) Limitations No commission, fees, or other payments to an agent, broker, consultant, or other rep- resentative of the importer or importing coun- try for ocean transportation brokerage serv- Page 999 TITLE 7—AGRICULTURE § 1736a ices in connection with the carriage of com- modities provided under subchapter II of this chapter may— (A) be paid in excess of an amount deter- mined appropriate by the Secretary; and (B) be shared by such person with the im- porter or importing country or any agent thereof. (4) Avoidance of conflict of interest A person may not be an agent, broker, con- sultant, or other representative of the United States Government, an importer, or an im- porting country in connection with agricul- tural commodities provided under this chapter during a fiscal year in which such person pro- vides or acts as an agent, broker, consultant, or other representative of a person engaged in providing ocean transportation or transpor- tation-related services for such commodities. For the purpose of this paragraph, the term ‘‘transportation-related services’’ means light- ening, stevedoring, bagging, or inland trans- portation to the destination point. (c) Subchapters III and III–A program (1) Acquisition (A) In general The Administrator shall transfer, arrange for the transportation, and take other steps necessary to make available agricultural commodities to be provided under sub- chapter III and subchapter III–A. (B) Certain commodities made available for nonemergency assistance In the case of agricultural commodities made available for nonemergency assistance under subchapter III for least developed countries that meet the poverty and other eligibility criteria established by the Inter- national Bank for Reconstruction and Devel- opment for financing under the Inter- national Development Association, the Ad- ministrator may pay the transportation costs incurred in moving the agricultural commodities from designated points of entry or ports of entry abroad to storage and dis- tribution sites and associated storage and distribution costs. (2) Freight procurement Notwithstanding chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 or other similar provisions of law re- lating to the making or performance of Fed- eral Government contracts, ocean transpor- tation under subchapters III and III–A may be procured on the basis of full and open competi- tive procedures. Resulting contracts may con- tain such terms and conditions as the Admin- istrator determines are necessary and appro- priate. (3) Avoidance of conflict of interest Freight agents employed by the Agency for International Development under subchapters III and III–A shall not represent any foreign government during the period of their con- tract with the United States Government. (4) Prepositioning (A) In general Funds made available for fiscal years 2001 through 2023 to carry out subchapters III and III-A may be used by the Administrator to procure, transport, and store agricultural commodities for prepositioning within the United States and in foreign countries, ex- cept that for each of fiscal years 2001 through 2013 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2023 not more than $15,000,000 of such funds may be used to store agricultural commodities for prepositioning in foreign countries. (B) Additional prepositioning sites The Administrator may establish addi- tional sites for prepositioning in foreign countries or change the location of current sites for prepositioning in foreign countries after conducting, and based on the results of, assessments of need, the availability of ap- propriate technology for long-term storage, feasibility, and cost. (5) Nonemergency or multiyear agreements Annual resource requests for ongoing non- emergency or ongoing multiyear agreements under subchapter III shall be finalized not later than October 1 of the fiscal year in which the agricultural commodities will be shipped under the agreement. (d) Timing of shipments In determining the timing of the shipment of agricultural commodities to be provided under this chapter, the Secretary or the Adminis- trator, as appropriate, shall consider— (1) the time of harvest of any competing commodities in the recipient country; and (2) such other concerns determined to be ap- propriate. (e) Deadline for agreements under subchapters II and III–A An agreement under subchapters II and III–A shall, to the extent practicable, be entered into not later than— (1) November 30 of the first fiscal year in which agricultural commodities are to be shipped under the agreement; or (2) 60 days after the date of enactment of the annual Rural Development, Agriculture, and Related Agencies Appropriations Act for the first fiscal year in which agricultural com- modities are to be shipped under the agree- ment, whichever is later. (f) Annual report regarding food aid programs and activities (1) Annual report Not later than April 1 of each fiscal year, the Administrator and the Secretary shall jointly, or each separately, prepare and submit to the appropriate committees of Congress a report regarding each program and activity carried out under this chapter by the Administrator, the Secretary, or both, as applicable, during the prior fiscal year. Page 1000 TITLE 7—AGRICULTURE § 1736a 1 So in original. Probably should be ‘‘sections’’. (2) Contents An annual report described in paragraph (1) shall include, with respect to the prior fiscal year, the following: (A) A list that contains a description of each country and organization that receives food and other assistance under this chapter (including the quantity of food and assist- ance provided to each country and organiza- tion). (B) A general description of each project and activity implemented under this chapter (including each activity funded through the use of local currencies) and the total number of beneficiaries of the project. (C) A statement describing the quantity of agricultural commodities made available to, and the total number of beneficiaries in, each country pursuant to— (i) this chapter; (ii) section 1431(b) of this title; (iii) the Food for Progress Act of 1985 (7 U.S.C. 1736o); and (iv) the McGovern-Dole International Food for Education and Child Nutrition Program established by section 1736o–1 of this title. (D) An assessment of the progress made through programs under this chapter to- wards reducing food insecurity in the popu- lations receiving food assistance from the United States. (E) A description of efforts undertaken by the Food Aid Consultative Group under sec- tion 1725 of this title to achieve an inte- grated and effective food assistance pro- gram. (F) An assessment of— (i) each program oversight, monitoring, and evaluation system implemented under section 1726a(f) of this title; and (ii) the impact of each program over- sight, monitoring, and evaluation system on the effectiveness and efficiency of as- sistance provided under this subchapter. (G) An assessment of the progress made by the Administrator in addressing issues relat- ing to quality with respect to the provision of food assistance. (H) A statement of the amount of funds (including funds for administrative costs, in- direct cost recovery, internal transpor- tation, storage and handling, and associated distribution costs) provided to each eligible organization that received assistance under this chapter, that further describes the fol- lowing: (i) How such funds were used by the eli- gible organization. (ii) The actual rate of return for each commodity made available under this chapter, including factors that influenced the rate of return, and, for the commodity, the costs of bagging or further processing, ocean transportation, inland transpor- tation in the recipient country, storage costs, and any other information that the Administrator and the Secretary deter- mine to be necessary. (iii) For each instance in which a com- modity was made available under this chapter at a rate of return less than 70 per- cent, the reasons for the rate of return re- alized. (I) For funds expended for purposes of sec- tion 1 1722(e), 1736(b)(6), and 1736a(c)(1)(B) of this title, a detailed accounting of the ex- penditures and purposes of such expenditures with respect to each such section. (3) Rate of return described For purposes of applying subparagraph (H) of paragraph (2), the rate of return for a com- modity shall be equal to the proportion that— (A) the proceeds the implementing part- ners generate through monetization; bears to (B) the cost to the Federal Government to procure and ship the commodity to a recipi- ent country for monetization. (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; Pub. L. 110–246, title III, §§ 3017, 3018(a), June 18, 2008, 122 Stat. 1827; Pub. L. 113–79, title III, §§ 3009, 3010, Feb. 7, 2014, 128 Stat. 776, 777; Pub. L. 115–334, title III, §§ 3111, 3112(a), Dec. 20, 2018, 132 Stat. 4605.) Editorial Notes REFERENCES IN TEXT The Food for Progress Act of 1985, referred to in sub- sec. (f)(2)(C)(iii), is Pub. L. 99–198, title XI, § 1110, Dec. 23, 1985, 99 Stat. 1472, which is classified to section 1736o of this title. CODIFICATION In subsec. (c)(2), ‘‘chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act en- acted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2018—Subsec. (c)(4)(A). Pub. L. 115–334, § 3111, sub- stituted ‘‘2023’’ for ‘‘2018’’ in two places. Subsec. (f). Pub. L. 115–334, § 3112(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual report regarding each program and activity car- ried out under this chapter and annual report regarding the administration of food assistance programs under subchapter III to benefit foreign countries. 2014—Subsec. (c)(4)(A). Pub. L. 113–79, § 3009(1), sub- stituted ‘‘2018’’ for ‘‘2012’’ and ‘‘for each of fiscal years 2001 through 2013 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2018 not more than $15,000,000 of such funds’’ for ‘‘for each such fiscal year not more than $10,000,000 of such funds’’. Page 1001 TITLE 7—AGRICULTURE § 1736a Subsec. (c)(4)(B). Pub. L. 113–79, § 3009(2), added sub- par. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: ‘‘(i) FEASIBILITY ASSESSMENTS.—The Administrator may carry out assessments for the establishment of not less than 2 sites to determine the feasibility of, and costs associated with, using the sites to store and han- dle agricultural commodities for prepositioning in for- eign countries. ‘‘(ii) ESTABLISHMENT OF SITES.—Based on the results of each assessment carried out under clause (i), the Ad- ministrator may establish additional sites for prepositioning in foreign countries.’’ Subsec. (f)(1). Pub. L. 113–79, § 3010(1), substituted ‘‘food aid’’ for ‘‘agricultural trade’’ in heading. Subsec. (f)(1)(B)(ii). Pub. L. 113–79, § 3010(2), inserted ‘‘and the total number of beneficiaries of the project and the activities carried out through such project’’ be- fore semicolon at end. Subsec. (f)(1)(B)(iii). Pub. L. 113–79, § 3010(3)(A), in- serted ‘‘, and the total number of beneficiaries in,’’ after ‘‘commodities made available to’’ in introductory provisions. Subsec. (f)(1)(B)(iii)(III). Pub. L. 113–79, § 3010(3)(B)–(D), added subcl. (III). 2008—Subsec. (c)(4). Pub. L. 110–246, § 3017(1), des- ignated existing provisions as subpar. (A), inserted heading, substituted ‘‘2012’’ for ‘‘2007’’ and ‘‘$10,000,000’’ for ‘‘$2,000,000’’, and added subpar. (B). Subsec. (c)(5). Pub. L. 110–246, § 3017(2), added par. (5). Subsec. (f). Pub. L. 110–246, § 3018(a), added subsec. (f) and struck out former subsec. (f) which directed Presi- dent to prepare an annual report concerning programs and activities implemented under this chapter for the preceding fiscal year, described contents of report, and directed that it be submitted not later than Jan. 15 of each year to the Committee on Agriculture and the Committee on Foreign Affairs of the House of Rep- resentatives and the Committee on Agriculture, Nutri- tion, and Forestry of the Senate. 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), respec- tively, 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 amend- ment by Pub. L. 104–66 which struck out subsec. (b) and redesignated subsecs. (c) to (h) as (b) to (g), respec- tively. 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 sub- chapter 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), in- serted ‘‘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 com- modities from private stocks or purchase of ocean transportation services by the United States Govern- ment 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 proce- dures 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: ‘‘Not- withstanding 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 serv- ices under this chapter under such full and open com- petitive procedures as the Administrator determines are necessary and appropriate.’’ Subsec. (f)(2)(D). Pub. L. 104–127, § 216(4), added sub- par. (D). Subsec. (g). Pub. L. 104–127, § 216(5), struck out head- ing 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 Gov- ernment 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 agri- cultural 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 ‘‘pro- vides 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, sub- stituting present provisions for provisions which estab- lished 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 ma- jority member and one ranking minority member of the specified Senate committees be members of the Ad- visory 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. 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 this title. 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 Effec- tive Date note under section 1994 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. Page 1002 TITLE 7—AGRICULTURE § 1736b Executive Documents 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. § 1736b. Expiration date No agreements to finance sales or to provide other assistance under this chapter shall be en- tered into after December 31, 2023. (July 10, 1954, ch. 469, title IV, § 408, as added Pub. L. 89–808, § 2(E), Nov. 11, 1966, 80 Stat. 1537; amended Pub. L. 94–161, title II, § 211, Dec. 20, 1975, 89 Stat. 854; Pub. L. 95–88, title II, § 213, Aug. 3, 1977, 91 Stat. 551; Pub. L. 95–113, title XII, § 1207, Sept. 29, 1977, 91 Stat. 957; Pub. L. 96–470, title II, § 213, Oct. 19, 1980, 94 Stat. 2246; Pub. L. 97–98, title XII, § 1215, Dec. 22, 1981, 95 Stat. 1282; Pub. L. 99–83, title X, § 1006, Aug. 8, 1985, 99 Stat. 271; Pub. L. 101–624, title XV, § 1512, Nov. 28, 1990, 104 Stat. 3653; Pub. L. 104–127, title II, § 217, Apr. 4, 1996, 110 Stat. 957; Pub. L. 107–171, title III, § 3012, May 13, 2002, 116 Stat. 284; Pub. L. 110–246, title III, § 3019, June 18, 2008, 122 Stat. 1828; Pub. L. 113–79, title III, § 3011, Feb. 7, 2014, 128 Stat. 777; Pub. L. 115–334, title III, § 3113, Dec. 20, 2018, 132 Stat. 4607.) Editorial Notes PRIOR PROVISIONS Provisions covering the termination date for agree- ments to finance sales under subchapter II and pro- grams of assistance under subchapter III were covered by section 1736c of this title prior to amendment of that section by Pub. L. 101–624, and by sections 1709, 1724 of this title prior to the amendment of those sec- tions by Pub. L. 89–808. AMENDMENTS 2018—Pub. L. 115–334 substituted ‘‘2023’’ for ‘‘2018’’. 2014—Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’. 2008—Pub. L. 110–246 substituted ‘‘2012’’ for ‘‘2007’’. 2002—Pub. L. 107–171 substituted ‘‘2007’’ for ‘‘2002’’. 1996—Pub. L. 104–127 substituted ‘‘2002’’ for ‘‘1995’’. 1990—Pub. L. 101–624 amended section generally, sub- stituting present provisions for provisions relating to Presidential reports to Congress concerning activities carried out under this chapter, a global assessment of food production and needs and planned programming of food assistance, and a comparative cross-country eval- uation of programs conducted under portions of this chapter, provisions requiring the Secretary to issue re- vised regulations governing operations of subchapter II of this chapter, and provisions relating to the delivery of bagged commodities. 1985—Subsec. (b). Pub. L. 99–83 inserted reference to subchapter III in two places. 1981—Subsec. (a). Pub. L. 97–98 substituted ‘‘February 15’’ for ‘‘April 1’’. 1980—Subsec. (b). Pub. L. 96–470 struck out require- ment that the President submit a report not later than March 31 of each year. 1977—Subsec. (b). Pub. L. 95–88 substituted provisions that, not later than September 30 of each year, the President submit to the Congress a report containing a global assessment of food production and needs and set- ting forth planned programing of food assistance under subchapter II of this chapter for the coming fiscal year, and that, not later than December 31, March 31, and June 30 of each year, the President submit a report to the Congress showing the current status of planned programing of food assistance under subchapter II of this chapter for the current fiscal year, for provisions that, in his presentation to the Congress of planned programing of food assistance for each fiscal year, the President include a global assessment of food produc- tion and needs, self-help steps which are being taken by food-short countries under section 1709(a) of this title, steps which are being taken to encourage other coun- tries to increase their participation in food assistance or the financing of food assistance, and the relationship between food assistance provided to each country under this chapter and other foreign assistance provided to such country by the United States and other donors. Subsec. (c). Pub. L. 95–88 substituted provisions that, beginning Oct. 1, 1978, and at each five-year interval thereafter, the President submit to the Congress a com- parative cross-country evaluation of programs con- ducted under subchapters I, III, and III–A of this chap- ter, and that such evaluations cover no fewer than five countries sampled from the developing regions (Asia, Africa, Latin America, and Caribbean), and assess the nutritional and other impacts, achievements, problems, and future prospects for programs thereunder, for pro- visions that, not later than November 1 of each cal- endar year the President submit to the House Com- mittee on Agriculture, the House Committee on Inter- national Relations, the Senate Committee on Agri- culture and Forestry, and the Senate Committee on Foreign Relations a revised global assessment of food production and needs, and revised planned program- ming of food assistance for the current fiscal year, to reflect, to the maximum extent feasible, the actual availability of commodities for food assistance. Subsecs. (d), (e). Pub. L. 95–113 added subsecs. (d) and (e). 1975—Pub. L. 94–161 designated existing provisions as subsec. (a), substituted ‘‘fiscal’’ for ‘‘calendar’’ in first sentence, and added subsecs. (b) and (c). 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 this title. EFFECTIVE DATE OF 1990 AMENDMENT 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. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under sec- tion 2151–1 of Title 22, Foreign Relations and Inter- course. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. EFFECTIVE DATE OF 1977 AMENDMENTS Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title. Amendment by Pub. L. 95–88 effective Oct. 1, 1977, see section 215 of Pub. L. 95–88, set out as a note under sec- tion 1702 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. §§ 1736c, 1736d. Repealed. Pub. L. 104–127, title II, §§ 218, 219, Apr. 4, 1996, 110 Stat. 957 Section 1736c, act July 10, 1954, ch. 469, title IV, § 409, as added Nov. 11, 1966, Pub. L. 89–808, § 2(E), 80 Stat.