§ 2354. Procurement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1961

   Pub. L. 87–195 · 75 Stat. 424

   Enacted · 22 U.S.C. § 2354

   Pub. L. 87–195, pt. III, § 604, Sept. 4, 1961, 75 Stat. 439

   Source evidence

   Code source credit
   Pub. L. 87–195, pt. III, § 604, Sept. 4, 1961, 75 Stat. 439

2. 1966

   Foreign Assistance Act of 1966

   Pub. L. 89–583 § 301(b)(1) · 80 Stat. 795

   Struck and inserted · 22 U.S.C. § 2354(c)

   Pub. L. 89–583, § 301(b)(1), 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

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 89–583, § 301(b)(1), 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.

   Enacted provision · exact public law section
   (1) Subsection (c), which relates to procurement of agricultural commodities, is amended by striking out the word “surplus” each time it appears and by inserting “or product thereof available for disposition under the Agricultural Trade Development and Assistance Act 68 Stat. 454. 7 USC 1691 note. of 1954, as amended,” after the word “commodity” the first time it appears.

3. 1966

   Foreign Assistance Act of 1966

   Pub. L. 89–583 § 301(b)(2) · 80 Stat. 795

   Added · 22 U.S.C. § 2354(e)

   Pub. L. 89–583, § 301(b)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 89–583, § 301(b)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) Add the following new subsection: “(e) No funds made available under this Act 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.”

4. 1968

   Foreign Assistance Act of 1968

   Pub. L. 90–554 · 82 Stat. 960

   Added · 22 U.S.C. § 2354(f)

   Pub. L. 90–554 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 90–554 added subsec. (f).

5. 1980

   International Security and Development Cooperation Act of 1980

   Pub. L. 96–533 § 705(a) · 94 Stat. 3131

   Changed · 22 U.S.C. § 2354(e)

   Pub. L. 96–533, § 705(a), 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

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 96–533, § 705(a), 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.

   Enacted provision · exact public law section
   (a) Section 604(e) of the Foreign Assistance Act of 1961 is 22 USC 2354. amended by inserting the following immediately before the period at the end thereof: “, 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”.

6. 1980

   International Security and Development Cooperation Act of 1980

   Pub. L. 96–533 § 705(b) · 94 Stat. 3131

   Added · 22 U.S.C. § 2354(g)

   Pub. L. 96–533, § 705(b), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 96–533, § 705(b), added subsec. (g).

   Enacted provision · exact public law section
   (b) Section 604 of such Act is amended by adding at the end thereof the following new subsection: “(g) None of the funds authorized to be appropriated or made available for obligation or expenditure under this Act 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.”.

7. 1985

   International Security and Development Cooperation Act of 1985

   Pub. L. 99–83 title XII § 1207 · 99 Stat. 190

   1. Amended · 22 U.S.C. § 2354(g)

      Pub. L. 99–83 designated existing provisions as par. (1)

   2. Added · 22 U.S.C. § 2354(g)

      Pub. L. 99–83 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 99–83 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 1207. PROCUREMENT OF CONSTRUCTION AND ENGINEERING SERVICES. 22 USC 2354. Section 604(g) of the Foreign Assistance Act of 1961 is amended— (1) by inserting “(1)” after “(g)”; and (2) by adding at the end thereof the following new paragraph: “(2) Paragraph (1) does not apply with respect to an advanced developing country which— “(A) is receiving direct economic assistance under chapter 1 of 22 USC 2151, 2346. part I or chapter 4 of part II of this Act, 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.”.

8. 1992

   Pub. L. 102–391 title V § 597 · 106 Stat. 1633

   Amended · 22 U.S.C. § 2354(a)

   Pub. L. 102–391 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–391 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.”

   Enacted provision · exact public law section
   Sec. 597. buy america procurement requirements Section 604(a) of the Foreign Assistance Act of 1961 is amended to read as follows: “(a) (1) Limitations on Procurement Outside the United States.— Funds made available for assistance under this Act 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.”.

9. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 title III § 3001(b)(1)(A) · 122 Stat. 1651

   Substituted · 22 U.S.C. § 2354(c)

   Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

   Enacted provision · exact public law section
   (A) by striking “Agricultural Trade Development and Assistance Act of 1954” each place it appears and inserting “Food for Peace Act”; and

   Effective date note
   Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

8 of 10 references resolved to an enrolled provision · 2 partial