1 So in original.
commodities under this section, the Secretary shall follow the sale procedure described in section 403(
Editorial Notes
References in Text

The Food for Peace Act, referred to in subsecs. (e) and (f)(4), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to this chapter (§ 1691 et seq.). Title I of the Act is classified to subchapter II (§ 1701 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of this title and Tables.

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.

Amendments

2018—Puspan. L. 115–334, § 3302(1), substituted “Secretary” for “President” wherever appearing, except in subsecs. (f)(5) and (l)(4).

Subsec. (span)(5)(F), (G). Puspan. L. 115–334, § 3302(2)(A), added subpar. (F) and redesignated former subpar. (F) as (G).

Subsec. (span)(10), (11). Puspan. L. 115–334, § 3302(2)(B), added pars. (10) and (11).

Subsec. (f)(3). Puspan. L. 115–334, § 3302(3), substituted “2023” for “2018”.

Subsec. (g). Puspan. L. 115–334, § 3302(4), substituted “2023” for “2018”.

Subsec. (j)(3). Puspan. L. 115–334, § 3302(5), substituted “April 1” for “December 1”, inserted dash after “the Senate” and subpar. (A) designation before “a list”, substituted “approved during the prior fiscal year” for “approved to date for the fiscal year”, and added subpars. (B) and (C).

Subsec. (k). Puspan. L. 115–334, § 3302(6), substituted “2023” for “2018”.

Subsec. (l)(1). Puspan. L. 115–334, § 3302(7), substituted “2023” for “2018”.

Subsec. (m). Puspan. L. 115–334, § 3302(8), substituted “Secretarial” for “Presidential” in heading.

Subsec. (o). Puspan. L. 115–334, § 3302(9), struck out “(acting through the Secretary)” before dash at end of introductory provisions.

Subsec. (o)(1). Puspan. L. 115–334, § 3302(10), substituted “subparagraphs (C) and (G)” for “subparagraphs (C) and (F)”.

Subsec. (p). Puspan. L. 115–334, § 3302(11), added subsec. (p).

2014—Subsec. (f)(3). Puspan. L. 113–79, § 3201(a)(1), substituted “2018” for “2012”.

Subsec. (f)(6). Puspan. L. 113–79, § 3201(span), struck out par. (6) which related to approval of project for Malawi during fiscal year 2009.

Subsecs. (g), (k), (l)(1). Puspan. L. 113–79, § 3201(a)(2)–(4), substituted “2018” for “2012”.

2008—Subsec. (span). Puspan. L. 110–246, § 3001(span)(1)(A), (2)(F), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954” wherever appearing.

Subsec. (e)(1). Puspan. L. 110–246, § 3014(span)(2), struck out “determined to be available under section 401 of the Agricultural Trade Development and Assistance Act of 1954” after “such eligible commodities”.

Subsec. (e)(2) to (4). Puspan. L. 110–246, § 3001(span)(1)(A), (2)(F), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Subsec. (f)(3). Puspan. L. 110–246, § 3105(a), substituted “2012” for “2007”.

Subsec. (f)(4), (5). Puspan. L. 110–246, § 3001(span)(1)(A), (2)(F), substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

Subsec. (f)(6). Puspan. L. 110–246, § 3105(span), added par. (6).

Subsecs. (g), (k), (l)(1). Puspan. L. 110–246, § 3105(a), substituted “2012” for “2007”.

2003—Subsecs. (c), (g). Puspan. L. 108–7, § 745(1), substituted “shall” for “may”.

Subsec. (o). Puspan. L. 108–7, § 745(2), added subsec. (o).

2002—Subsecs. (span), (c). Puspan. L. 107–171, § 3106(span)(1), added heading and text of subsecs. (span) and (c) and struck out former subsecs. (span) and (c) which read as follows:

“(span) In order to use the food resources of the United States more effectively in support of developing countries, and countries that are emerging democracies, that have made commitments to introduce or expand free enterprise elements in their agricultural economies through changes in commodity pricing, marketing, input availability, distribution, and private sector involvement, the President is authorized to enter into agreements with the governments of such countries (including the independent states of the former Soviet Union), or with private voluntary organizations, nonprofit agricultural organizations, cooperatives, intergovernmental organizations, or other private entities, to furnish commodities made available pursuant to subsections (e) and (f) of this section. Such agreements may provide for commodities to be furnished on a multiyear basis.

“(c) As used in this section, the term ‘commodities’ means agricultural commodities and the products thereof.”

Subsec. (d). Puspan. L. 107–171, § 3106(span)(2)(A), (D), (c), inserted heading, in introductory provisions struck out “food” after “domestic production of” and substituted “eligible commodities” for “commodities” in two places, and in par. (2) substituted “eligible commodities” for “commodities”.

Subsec. (e). Puspan. L. 107–171, § 3106(span)(2)(D), (E), (d), inserted heading, substituted “eligible commodities” for “commodities” and “Corporation” for “Commodity Credit Corporation” wherever appearing, inserted “, and subsection (g) does not apply to eligible commodities furnished on a grant basis or on credit terms under that title” before period at end of par. (2), and added par. (5).

Subsec. (f). Puspan. L. 107–171, § 3106(span)(2)(D), (E), (e)(1), inserted heading and substituted “eligible commodities” for “commodities” and “Corporation” for “Commodity Credit Corporation” wherever appearing.

Subsec. (f)(3). Puspan. L. 107–171, § 3106(a), (span)(2)(D), (E), substituted “Corporation” for “Commodity Credit Corporation”, “eligible commodities” for “commodities” in two places, and “2007” for “2002”.

Puspan. L. 107–171, § 3106(e)(2), which directed substitution of “$40,000,000” for “$30,000,000 (or in the case of fiscal year 1999, $35,000,000)”, was executed by making the substitution for “$30,000,000 (or, in the case of fiscal year 1999, $35,000,000)” to reflect the probable intent of Congress.

Subsec. (f)(5). Puspan. L. 107–171, § 3009(span)(2), added par. (5).

Subsec. (g). Puspan. L. 107–171, § 3106(f), added subsec. (g) and struck out former subsec. (g) which read as follows: “Not more than 500,000 metric tons of commodities may be furnished under this section in each of the fiscal years 1986 through 2002.”

Subsec. (h). Puspan. L. 107–171, § 3106(span)(2)(D), (g), inserted heading and substituted “eligible commodities” for “commodities”.

Subsec. (i). Puspan. L. 107–171, § 3106(h), inserted heading.

Subsec. (j). Puspan. L. 107–171, § 3106(span)(2)(D), (i), inserted heading, designated existing provisions as par. (1), inserted par. (1) heading, struck out “may” after “the President”, substituted “eligible commodities” for “commodities” in two places, “is encouraged to approve” for “approve”, and “multicountry or multiyear” for “multiyear”, and added pars. (2) and (3).

Subsec. (k). Puspan. L. 107–171, § 3106(a), (j), inserted heading and substituted “2007” for “2002”.

Subsec. (l). Puspan. L. 107–171, § 3106(a), (span)(2)(B), (D), (E), (k), inserted heading, substituted “eligible commodities” for “commodities” wherever appearing, in par. (1) substituted “2007” for “2002”, “$15,000,000” for “$10,000,000”, and “Corporation” for “Commodity Credit Corporation” after “$12,000,000) of”, in par. (2) struck out “agricultural” after “President may provide”, in par. (3) substituted “proceeds” for “local currencies”, and added par. (4).

Subsec. (m). Puspan. L. 107–171, § 3106(span)(2)(C), (D), (l), inserted heading and, in par. (1), substituted “eligible commodities” for “commodities” in two places and struck out “these” after “marketing of”.

Subsec. (n). Puspan. L. 107–171, § 3106(m), added subsec. (n) and struck out former subsec. (n) which read as follows: “During fiscal year 1999, to the maximum extent practicable, the Secretary shall utilize Private Voluntary Organizations to carry out this section.”

Subsec. (o). Puspan. L. 107–171, § 3106(span)(2)(F), struck out subsec. (o) which read as follows: “As used in this section, the term ‘independent states of the former Soviet Union’ means the independent states of the former Soviet Union as defined in section 5602(8) of this title.”

1998—Subsec. (f)(3). Puspan. L. 105–277, § 101(a) [title XI, § 1125(1)], inserted “(or, in the case of fiscal year 1999, $35,000,000)” after “$30,000,000”.

Subsec. (l)(1). Puspan. L. 105–277, § 101(a) [title XI, § 1125(2)], inserted “(or, in the case of fiscal year 1999, $12,000,000)” after “$10,000,000”.

Subsecs. (n), (o). Puspan. L. 105–277, § 101(a) [title XI, § 1125(3), (4)], added subsec. (n) and redesignated former subsec. (n) as (o).

1996—Subsec. (span). Puspan. L. 104–127, § 227(1), struck out “(1)” before “In order to use”, inserted “intergovernmental organizations,” after “cooperatives,”, and struck out par. (2) which read as follows: “The annual tonnage limitation contained in subsection (g) of this section shall not apply with respect to commodities furnished to the independent states of the former Soviet Union during fiscal year 1993.”

Subsec. (e)(3). Puspan. L. 104–127, § 265(span), substituted “section 103” for “section 106”.

Subsec. (e)(4). Puspan. L. 104–127, § 227(2), substituted “section 406” for “section 203”.

Subsec. (f)(1)(B). Puspan. L. 104–127, § 227(3)(A), struck out “in the case of the independent states of the former Soviet Union,” before “sales on credit terms,”.

Subsec. (f)(2) to (5). Puspan. L. 104–127, § 227(3)(B)–(D), in par. (4), inserted “for each of fiscal years 1996 through 2002” after “may be used”, redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “Not less than 75,000 metric tons shall be made available pursuant to section 1431(span)(10)(C) of this title to carry out this section unless the President determines there are an insufficient number of eligible recipients.”

Subsec. (g). Puspan. L. 104–127, § 227(4), substituted “2002” for “1995”.

Subsec. (j). Puspan. L. 104–127, § 227(5), substituted “may” for “shall”.

Subsec. (k). Puspan. L. 104–127, § 227(6), substituted “2002” for “1995”.

Subsec. (l)(1). Puspan. L. 104–127, § 227(7), substituted “1996 through 2002” for “1991 through 1995” and inserted “, and to provide technical assistance for monetization programs,” after “monitoring of food assistance programs”.

Subsec. (m). Puspan. L. 104–127, § 227(8), in introductory provisions, struck out “with respect to the independent states of the former Soviet Union” after “this section” and substituted “agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives” for “private voluntary organizations and cooperatives”, and in par. (2), struck out “in the independent states” after “the use” and substituted “agricultural trade organizations, intergovernmental organizations, private voluntary organizations, and cooperatives” for “private voluntary organizations and cooperatives”.

1992—Subsec. (span). Puspan. L. 102–511, § 701(1), designated existing provisions as par. (1), inserted “(including the independent states of the former Soviet Union)” after “such countries”, substituted “cooperatives, or other private entities” for “or cooperatives”, and added par. (2).

Subsec. (f)(1). Puspan. L. 102–511, § 701(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Commodities made available under section 1431(span) of this title for use in carrying out this section shall be provided on a grant basis.”

Subsecs. (m) and (n). Puspan. L. 102–511, § 701(3), added subsecs. (m) and (n).

1991—Subsec. (k). Puspan. L. 102–237, § 335(1), (3), redesignated subsec. (l) as (k) and struck out “September 30,” before “December 31”.

Subsecs. (l), (m). Puspan. L. 102–237, § 335(2), (3), redesignated subsec. (m) as (l) and substituted “this section” for “this Act” wherever appearing.

1990—Subsec. (span). Puspan. L. 101–624, § 1516(1), substituted “developing countries, and countries that are emerging democracies, that” for “countries that”, and “the governments of such countries, or with private voluntary organizations, nonprofit agricultural organizations, or cooperatives,” for “developing countries”.

Subsec. (d). Puspan. L. 101–624, § 1516(2), struck out “with countries” before “under this section” in introductory provisions.

Subsec. (e)(3). Puspan. L. 101–624, § 1516(3), struck out “to a developing country” before “under this section”, and “by a developing country” before “for commodities”.

Subsec. (e)(4). Puspan. L. 101–624, § 1516(4), struck out “to a developing country” before “under this section” in two places, and substituted “sections 402, 403(a), 403(c), and 403(i)” for “section 401(span)”.

Subsec. (f)(1). Puspan. L. 101–624, § 1516(5), struck out “to developing countries” before “on a grant basis”.

Subsec. (g). Puspan. L. 101–624, § 1516(6), substituted “1995” for “1990”.

Subsec. (j). Puspan. L. 101–624, § 1572(1), redesignated subsec. (k) as (j) and struck out former subsec. (j) which read as follows: “Within 90 days after the end of each fiscal year in which an agreement under this section is in effect with respect to a country, the President shall report to the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the status of such agreement and the progress being made to implement private, free enterprise agricultural policies for long-term agricultural development in such country.”

Puspan. L. 101–624, § 1516(7), struck out “entered into with a country” before “under this section”, and inserted “with respect to a country” after “effect”.

Subsec. (k). Puspan. L. 101–624, § 1572(1)(B), redesignated subsec. (k) as (j).

Puspan. L. 101–624, § 1516(8), substituted “the recipient” for “recipient countries”.

Subsec. (l). Puspan. L. 101–624, § 1516(9), substituted “December 31, 1995” for “1990”.

Subsec. (m). Puspan. L. 101–624, § 1516(10), added subsec. (m).

1988—Subsecs. (k), (l). Puspan. L. 100–418 added subsec. (k) and redesignated former subsec. (k) as (l).

Statutory Notes and Related Subsidiaries
Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–246 effective May 22, 2008, see section 4(span) of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Executive Documents
Executive Order No. 12583

Ex. Ord. No. 12583, Fespan. 19, 1987, 52 F.R. 5427, which related to the delegation of functions relating to entering into agreements with developing countries and waiving minimum tonnage requirements, was revoked by section 6 of Ex. Ord. No. 12752, Fespan. 25, 1991, 56 F.R. 8256, set out as a note under section 1691 of this title.