US (United States) Code. Title 22. Chapter 32: Foreign Assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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CODIFICATION

Section was enacted as part of the Agricultural Development and

Trade Act of 1990, and also as part of the Food, Agriculture,

Conservation, and Trade Act of 1990, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2151y 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2151y. Accelerated loan repayments; annual review of countries

with bilateral concessional loan balances; priority of

determinations respecting negotiations with countries having

balances; criteria for determinations

-STATUTE-

The Administrator of the agency primarily responsible for

administering subchapter I of this chapter shall conduct an annual

review of bilateral concessional loan balances and shall determine

and identify those countries whose financial resources make

possible accelerated loan repayments. In particular, European

countries that were recipients of concessional loans by predecessor

agencies to the agency primarily responsible for administering

subchapter I of this chapter shall be contacted to negotiate

accelerated repayments. The criteria used by the Administrator in

making these determinations shall be established in conjunction

with the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of the

Senate.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 127, as added Pub. L. 96-53, title V,

Sec. 508(a), Aug. 14, 1979, 93 Stat. 379.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 512(a) of Pub. L.

96-53, set out as an Effective Date of 1979 Amendment note under

section 2151 of this title.

NEGOTIATING EFFORTS CONCERNING ACCELERATED LOAN REPAYMENTS TO BE

INCLUDED IN ANNUAL REPORTS ON FOREIGN ASSISTANCE FOR 1980 AND 1981

Section 508(b) of Pub. L. 96-53, which related to loan repayment

provisions in reports, was repealed by Pub. L. 97-113, title VII,

Sec. 734(a)(3), Dec. 29, 1981, 95 Stat. 1560.

-End-

-CITE-

22 USC Sec. 2151z 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2151z. Targeted assistance

-STATUTE-

(a) Determination of target populations and strengthening United

States assistance

The President shall use poverty measurement standards, such as

those developed by the International Bank for Reconstruction and

Development, and other appropriate measurements in determining

target populations for United States development assistance, and

shall strengthen United States efforts to assure that a substantial

percentage of development assistance under this part directly

improves the lives of the poor majority, with special emphasis on

those individuals living in absolute poverty.

(b) Ultimate beneficiaries of activities

To the maximum extent possible, activities under this part that

attempt to increase the institutional capabilities of private

organizations or governments, or that attempt to stimulate

scientific and technological research, shall be designed and

monitored to ensure that the ultimate beneficiaries of these

activities are the poor majority.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 128, as added Pub. L. 97-377, title I,

Sec. 101(b)(2), Dec. 21, 1982, 96 Stat. 1832; amended Pub. L.

99-83, title III, Sec. 312(a), Aug. 8, 1985, 99 Stat. 216.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-83, in amending section generally, designated

existing provisions as subsec. (a), substituted provisions setting

overall guidelines and principles for determination of target

populations and strengthening United States assistance, for

provisions relating to Presidential responsibility in carrying out

this part in fiscal year 1983 for targeting assistance for those

living in absolute poverty, and added subsec. (b).

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 section 2151-1 of

this title.

-TRANS-

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.

-MISC2-

REPORT OF ADMINISTRATOR OF AGENCY FOR INTERNATIONAL DEVELOPMENT TO

CONGRESS BY JUNE 21, 1983, ON IMPLEMENTATION OF SECTION

Section 101(b)(2) of Pub. L. 97-377 provided in part: "That

within six months after the date of approval of this joint

resolution [Dec. 21, 1982], the Administrator of the Agency for

International Development shall report to Congress on the

implementation of this provision [this section], the types of

projects determined to meet these requirements, and the effect on

the overall United States foreign assistance program."

-End-

-CITE-

22 USC Sec. 2151aa 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2151aa. Program to provide technical assistance to foreign

governments and foreign central banks of developing or

transitional countries

-STATUTE-

(a) Establishment of program

(1) In general

Not later than 150 days after October 21, 1998, the Secretary

of the Treasury, after consultation with the Secretary of State

and the Administrator of the United States Agency for

International Development, is authorized to establish a program

to provide technical assistance to foreign governments and

foreign central banks of developing or transitional countries.

(2) Role of Secretary of State

The Secretary of State shall provide foreign policy guidance to

the Secretary to ensure that the program established under this

subsection is effectively integrated into the foreign policy of

the United States.

(b) Conduct of program

(1) In general

In carrying out the program established under subsection (a) of

this section, the Secretary shall provide economic and financial

technical assistance to foreign governments and foreign central

banks of developing and transitional countries by providing

advisers with appropriate expertise to advance the enactment of

laws and establishment of administrative procedures and

institutions in such countries to promote macroeconomic and

fiscal stability, efficient resource allocation, transparent and

market-oriented processes and sustainable private sector growth.

(2) Additional requirements

To the extent practicable, such technical assistance shall be

designed to establish -

(A) tax systems that are fair, objective, and efficiently

gather sufficient revenues for governmental operations;

(B) debt issuance and management programs that rely on market

forces;

(C) budget planning and implementation that permits

responsible fiscal policy management;

(D) commercial banking sector development that efficiently

intermediates between savers and investors; and

(E) financial law enforcement to protect the integrity of

financial systems, financial institutions, and government

programs.

(3) Emphasis on anti-corruption

Such technical assistance shall include elements designed to

combat anti-competitive, unethical, and corrupt activities,

including protection against actions that may distort or inhibit

transparency in market mechanisms and, to the extent applicable,

privatization procedures.

(c) Administrative requirements

In carrying out the program established under subsection (a) of

this section, the Secretary -

(1) shall establish a methodology for identifying and selecting

foreign governments and foreign central banks to receive

assistance under the program;

(2) prior to selecting a foreign government or foreign central

bank to receive assistance under the program, shall receive the

concurrence of the Secretary of State with respect to the

selection of such government or central bank and with respect to

the cost of the assistance to such government or central bank;

(3) shall consult with the heads of appropriate Executive

agencies of the United States, including the Secretary of State

and the Administrator of the United States Agency for

International Development, and appropriate international

financial institutions to avoid duplicative efforts with respect

to those foreign countries for which such agencies or

organizations provide similar assistance;

(4) shall ensure that the program is consistent with the

International Affairs Strategic Plan and Mission Performance Plan

of the United States Agency for International Development;

(5) shall establish and carry out a plan to evaluate the

program.

(d) Administrative authorities

In carrying out the program established under subsection (a) of

this section, the Secretary shall have the following administrative

authorities:

(1) The Secretary may provide allowances and benefits under

chapter 9 of title I of the Foreign Service Act of 1980 (22

U.S.C. 4081 et seq.) to any officer or employee of any agency of

the United States Government performing functions under this

section outside the United States.

(2)(A) The Secretary may allocate or transfer to any agency of

the United States Government any part of any funds available for

carrying out this section, including any advance to the United

States Government by any country or international organization

for the procurement of commodities, supplies, or services.

(B) Such funds shall be available for obligation and

expenditure for the purposes for which such funds were

authorized, in accordance with authority granted in this section

or under authority governing the activities of the agency of the

United States Government to which such funds are allocated or

transferred.

(3) Appropriations for the purposes of or pursuant to this

section, and allocations to any agency of the United States

Government from other appropriations for functions directly

related to the purposes of this section, shall be available for -

(A) contracting with individuals for personal services

abroad, except that such individuals shall not be regarded as

employees of the United States Government for the purpose of

any law administered by the Office of Personnel Management;

(B) the purchase and hire of passenger motor vehicles, except

that passenger motor vehicles may be purchased only -

(i) for use in foreign countries; and

(ii) if the Secretary or the Secretary's designee has

determined that the vehicle is necessary to accomplish the

mission;

(C) the purchase of insurance for official motor vehicles

acquired for use in foreign countries;

(D)(i) the rent or lease outside the United States, not to

exceed 5 years, of offices, buildings, grounds, and quarters,

including living quarters to house personnel, consistent with

the relevant interagency housing board policy, and payments

therefor in advance;

(ii) maintenance, furnishings, necessary repairs,

improvements, and alterations to properties owned or rented by

the United States Government or made available for use to the

United States Government outside the United States; and

(iii) costs of insurance, fuel, water, and utilities for such

properties;

(E) expenses of preparing and transporting to their former

homes or places of burial the remains of foreign participants

or members of the family of foreign participants, who may die

while such participants are away from their homes participating

in activities carried out with funds covered by this section;

(F) notwithstanding any other provision of law,

transportation and payment of per diem in lieu of subsistence

to foreign participants engaged in activities of the program

under this section while such participants are away from their

homes in countries other than the United States, at rates not

in excess of those prescribed by the standardized Government

travel regulations;

(G) expenses in connection with travel of personnel outside

the United States, including travel expenses of dependents

(including expenses during necessary stop-overs while engaged

in such travel), and transportation of personal effects,

household goods, and automobiles of such personnel when any

part of such travel or transportation begins in one fiscal year

pursuant to travel orders issued in that fiscal year,

notwithstanding the fact that such travel or transportation may

not be completed during the same fiscal year, and cost of

transporting automobiles to and from a place of storage, and

the cost of storing automobiles of such personnel when it is in

the public interest or more economical to authorize storage;

and

(H) grants to, and cooperative agreements and contracts with,

any individual, corporation, or other body of persons,

nonprofit organization, friendly government or government

agency, whether within or without the United States, and

international organizations, as the Secretary determines is

appropriate to carry out the purposes of this section.

(4) Whenever the Secretary determines it to be consistent with

the purposes of this section, the Secretary is authorized to

furnish services and commodities on an advance-of-funds basis to

any friendly country or international organization that is not

otherwise prohibited from receiving assistance under this

chapter. Such advances may be credited to the currently

applicable appropriation, account, or fund of the Department of

the Treasury and shall be available for the purposes for which

such appropriation, account, or fund is authorized to be used.

(e) Issuance of regulations

The Secretary is authorized to issue such regulations with

respect to personal service contractors as the Secretary deems

necessary to carry out this section.

(f) Rule of construction

Nothing in this section shall be construed to infringe upon the

powers or functions of the Secretary of State (including the powers

or functions described in section 4802 of this title) or of any

chief of mission (including the powers or functions described in

section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).

(g) Termination of assistance

The Secretary shall conclude assistance activities for a

recipient foreign government or foreign central bank under the

program established under subsection (a) of this section if the

Secretary, after consultation with the appropriate officers of the

United States, determines that such assistance has resulted in the

enactment of laws or the establishment of institutions in that

country that promote fiscal stability and administrative

procedures, efficient resource allocation, transparent and

market-oriented processes and private sector growth in a

sustainable manner.

(h) Report

(1) In general

Not later than 3 months after October 21, 1998, and every 6

months thereafter, the Secretary shall prepare and submit to the

appropriate congressional committees a report on the conduct of

the program established under this section during the preceding

6-month period.

(2) Definition

In this subsection, the term "appropriate congressional

committees" means -

(A) the Committee on International Relations and the

Committee on Appropriations of the House of Representatives;

and

(B) the Committee on Foreign Relations and the Committee on

Appropriations of the Senate.

(i) Definitions

In this section:

(1) Developing or transitional country

The term "developing or transitional country" means a country

eligible to receive development assistance under this part.

(2) International financial institution

The term "international financial institution" means the

International Monetary Fund, the International Bank for

Reconstruction and Development, the International Development

Association, the International Finance Corporation, the

Multilateral Investment Guarantee Agency, the Asian Development

Bank, the African Development Bank, the African Development Fund,

the Inter-American Development Bank, the Inter-American

Investment Corporation, the European Bank for Reconstruction and

Development, and the Bank for Economic Cooperation and

Development in the Middle East and North Africa.

(3) Secretary

The term "Secretary" means the Secretary of the Treasury.

(4) Technical assistance

The term "technical assistance" includes -

(A) the use of short-term and long-term expert advisers to

assist foreign governments and foreign central banks for the

purposes described in subsection (b)(1) of this section;

(B) training in the recipient country, the United States, or

elsewhere for the purposes described in subsection (b)(1) of

this section;

(C) grants of goods, services, or funds to foreign

governments and foreign central banks;

(D) grants to United States nonprofit organizations to

provide services or products which contribute to the provision

of advice to foreign governments and foreign central banks; and

(E) study tours for foreign officials in the United States or

elsewhere for the purpose of providing technical information to

such officials.

(5) Foreign participant

The term "foreign participant" means the national of a

developing or transitional country that is receiving assistance

under the program established under subsection (a) of this

section who has been designated to participate in activities

under such program.

(j) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section $5,000,000 for fiscal year 1999.

(2) Availability of amounts

Amounts authorized to be appropriated under paragraph (1) are

authorized to remain available until expended.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 129, as added Pub. L. 105-277, div. A,

Sec. 101(d) [title V, Sec. 589(a)], Oct. 21, 1998, 112 Stat.

2681-150, 2681-205; amended Pub. L. 106-309, title II, Sec. 204,

Oct. 17, 2000, 114 Stat. 1092.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (d)(1),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended.

Chapter 9 of title I of the Foreign Service Act of 1980 is

classified generally to subchapter IX (Sec. 4081 et seq.) of

chapter 52 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 3901 of

this title and Tables.

This chapter, referred to in subsec. (d)(4), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, 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.

-COD-

CODIFICATION

Another section 129 of Pub. L. 87-195 was renumbered section 130

and is classified to section 2152 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(3). Pub. L. 106-309 added par. (3).

-End-

-CITE-

22 USC Sec. 2152 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2152. Assistance for victims of torture

-STATUTE-

(a) In general

The President is authorized to provide assistance for the

rehabilitation of victims of torture.

(b) Eligibility for grants

Such assistance shall be provided in the form of grants to

treatment centers and programs in foreign countries that are

carrying out projects or activities specifically designed to treat

victims of torture for the physical and psychological effects of

the torture.

(c) Use of funds

Such assistance shall be available -

(1) for direct services to victims of torture; and

(2) to provide research and training to health care providers

outside of treatment centers or programs described in subsection

(b) of this section, for the purpose of enabling such providers

to provide the services described in paragraph (1).

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 130, formerly Sec. 129, as added Pub.

L. 105-320, Sec. 4(a), Oct. 30, 1998, 112 Stat. 3017; renumbered

Sec. 130, Pub. L. 106-87, Sec. 6(a), Nov. 3, 1999, 113 Stat. 1302.)

-TRANS-

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.

-MISC1-

TORTURE VICTIMS RELIEF; EFFECTIVE DATE

Pub. L. 105-320, Oct. 30, 1998, 112 Stat. 3016, as amended by

Pub. L. 106-87, Sec. 6(b), Nov. 3, 1999, 113 Stat. 1302, provided

that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Torture Victims Relief Act of

1998'.

"SEC. 2. FINDINGS.

"Congress makes the following findings:

"(1) The American people abhor torture by any government or

person. The existence of torture creates a climate of fear and

international insecurity that affects all people.

"(2) Torture is the deliberate mental and physical damage

caused by governments to individuals to destroy individual

personality and terrorize society. The effects of torture are

long term. Those effects can last a lifetime for the survivors

and affect future generations.

"(3) By eliminating the leadership of their opposition and

frightening the general public, repressive governments often use

torture as a weapon against democracy.

"(4) Torture survivors remain under physical and psychological

threats, especially in communities where the perpetrators are not

brought to justice. In many nations, even those who treat torture

survivors are threatened with reprisals, including torture, for

carrying out their ethical duty to provide care. Both the

survivors of torture and their treatment providers should be

accorded protection from further repression.

"(5) A significant number of refugees and asylees entering the

United States have been victims of torture. Those claiming asylum

deserve prompt consideration of their applications for political

asylum to minimize their insecurity and sense of danger. Many

torture survivors now live in the United States. They should be

provided with the rehabilitation services which would enable them

to become productive members of our communities.

"(6) The development of a treatment movement for torture

survivors has created new opportunities for action by the United

States and other nations to oppose state-sponsored and other acts

of torture.

"(7) There is a need for a comprehensive strategy to protect

and support torture victims and their treatment providers,

together with overall efforts to eliminate torture.

"(8) By acting to heal the survivors of torture and protect

their families, the United States can help to heal the effects of

torture and prevent its use around the world.

"SEC. 3. DEFINITION.

"As used in this Act, the term 'torture' has the meaning given

the term in section 2340(1) of title 18, United States Code, and

includes the use of rape and other forms of sexual violence by a

person acting under the color of law upon another person under his

custody or physical control.

"SEC. 4. FOREIGN TREATMENT CENTERS.

"(a) Amendments to the Foreign Assistance Act of 1961. - [Enacted

this section.]

"(b) Funding. -

"(1) Authorization of appropriations. - Of the amounts

authorized to be appropriated for fiscal years 1999 and 2000

pursuant to chapter 1 of part I of the Foreign Assistance Act of

1961 [22 U.S.C. 2151 et seq.], there are authorized to be

appropriated to the President $5,000,000 for fiscal year 1999 and

$7,500,000 for fiscal year 2000 to carry out section 130 of the

Foreign Assistance Act of 1961 [this section] (as redesignated by

section 6(a) of the Torture Victims Relief Reauthorization Act of

1999).

"(2) Availability of funds. - Amounts appropriated pursuant to

this subsection shall remain available until expended.

"(c) Effective Date. - The amendment made by subsection (a) shall

take effect October 1, 1998.

"SEC. 5. DOMESTIC TREATMENT CENTERS.

"(a) Assistance for Treatment of Torture Victims. - The Secretary

of Health and Human Services may provide grants to programs in the

United States to cover the cost of the following services:

"(1) Services for the rehabilitation of victims of torture,

including treatment of the physical and psychological effects of

torture.

"(2) Social and legal services for victims of torture.

"(3) Research and training for health care providers outside of

treatment centers, or programs for the purpose of enabling such

providers to provide the services described in paragraph (1).

"(b) Funding. -

"(1) Authorization of appropriations. - Of the amounts

authorized to be appropriated for the Department of Health and

Human Services for fiscal years 1999 and 2000, there are

authorized to be appropriated to carry out subsection (a)

(relating to assistance for domestic centers and programs for the

treatment of victims of torture) $5,000,000 for fiscal year 1999,

and $7,500,000 for fiscal year 2000.

"(2) Availability of funds. - Amounts appropriated pursuant to

this subsection shall remain available until expended.

"SEC. 6. MULTILATERAL ASSISTANCE.

"(a) Funding. - Of the amounts authorized to be appropriated for

fiscal years 1999 and 2000 pursuant to chapter 3 of part I of the

Foreign Assistance Act of 1961 [22 U.S.C. 2221 et seq.], there are

authorized to be appropriated to the United Nations Voluntary Fund

for Victims of Torture (in this section referred to as the 'Fund')

the following amounts for the following fiscal years:

"(1) Fiscal year 1999. - For fiscal year 1999, $3,000,000.

"(2) Fiscal year 2000. - For fiscal year 2000, $3,000,000.

"(b) Availability of Funds. - Amounts appropriated pursuant to

subsection (a) shall remain available until expended.

"(c) Sense of the Congress. - It is the sense of the Congress

that the President, acting through the United States Permanent

Representative to the United Nations, should -

"(1) request the Fund -

"(A) to find new ways to support and protect treatment

centers and programs that are carrying out rehabilitative

services for victims of torture; and

"(B) to encourage the development of new such centers and

programs;

"(2) use the voice and vote of the United States to support the

work of the Special Rapporteur on Torture and the Committee

Against Torture established under the Convention Against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment;

and

"(3) use the voice and vote of the United States to establish a

country rapporteur or similar procedural mechanism to investigate

human rights violations in a country if either the Special

Rapporteur or the Committee Against Torture indicates that a

systematic practice of torture is prevalent in that country.

"SEC. 7. SPECIALIZED TRAINING FOR FOREIGN SERVICE OFFICERS.

"(a) In General. - The Secretary of State shall provide training

for foreign service officers with respect to -

"(1) the identification of torture;

"(2) the identification of the surrounding circumstances in

which torture is most often practiced;

"(3) the long-term effects of torture upon a victim;

"(4) the identification of the physical, cognitive, and

emotional effects of torture, and the manner in which these

effects can affect the interview or hearing process; and

"(5) the manner of interviewing victims of torture so as not to

retraumatize them, eliciting the necessary information to

document the torture experience, and understanding the

difficulties victims often have in recounting their torture

experience.

"(b) Gender-Related Considerations. - In conducting training

under subsection (a)(4) or (5), gender-specific training shall be

provided on the subject of interacting with women and men who are

victims of torture by rape or any other form of sexual violence."

-End-

-CITE-

22 USC Sec. 2152a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2152a. Microenterprise development grant assistance

-STATUTE-

(a) Findings and policy

Congress finds and declares that -

(1) the development of microenterprise is a vital factor in the

stable growth of developing countries and in the development of

free, open, and equitable international economic systems;

(2) it is therefore in the best interest of the United States

to assist the development of microenterprises in developing

countries; and

(3) the support of microenterprise can be served by programs

providing credit, savings, training, technical assistance, and

business development services.

(b) Authorization

(1) In general

In carrying out subchapter I of this chapter, the President is

authorized to provide grant assistance for programs to increase

the availability of credit and other services to microenterprises

lacking full access to capital training, technical assistance,

and business development services, through -

(A) grants to microfinance institutions for the purpose of

expanding the availability of credit, savings, and other

financial services to microentrepreneurs;

(B) grants to microenterprise institutions for the purpose of

training, technical assistance, and business development

services for microenterprises to enable them to make better use

of credit, to better manage their enterprises, and to increase

their income and build their assets;

(C) capacity-building for microenterprise institutions in

order to enable them to better meet the credit and training

needs of microentrepreneurs; and

(D) policy and regulatory programs at the country level that

improve the environment for microentrepreneurs and

microenterprise institutions that serve the poor and very poor.

(2) Implementation

Assistance authorized under paragraph (1)(A) and (B) shall be

provided through organizations that have a capacity to develop

and implement microenterprise programs, including particularly -

(A) United States and indigenous private and voluntary

organizations;

(B) United States and indigenous credit unions and

cooperative organizations; or

(C) other indigenous governmental and nongovernmental

organizations.

(3) Targeted assistance

In carrying out sustainable poverty-focused programs under

paragraph (1), 50 percent of all microenterprise resources shall

be targeted to very poor entrepreneurs, defined as those living

in the bottom 50 percent below the poverty line as established by

the national government of the country. Specifically, such

resources shall be used for -

(A) direct support of programs under this subsection through

practitioner institutions that -

(i) provide credit and other financial services to

entrepreneurs who are very poor, with loans in 1995 United

States dollars of -

(I) $1,000 or less in the Europe and Eurasia region;

(II) $400 or less in the Latin America region; and

(III) $300 or less in the rest of the world; and

(ii) can cover their costs in a reasonable time period; or

(B) demand-driven business development programs that achieve

reasonable cost recovery that are provided to clients holding

poverty loans (as defined by the regional poverty loan

limitations in subparagraph (A)(i)), whether they are provided

by microfinance institutions or by specialized business

development services providers.

(4) Support for central mechanisms

The President should continue support for central mechanisms

and missions, as appropriate, that -

(A) provide technical support for field missions;

(B) strengthen the institutional development of the

intermediary organizations described in paragraph (2);

(C) share information relating to the provision of assistance

authorized under paragraph (1) between such field missions and

intermediary organizations; and

(D) support the development of nonprofit global microfinance

networks, including credit union systems, that -

(i) are able to deliver very small loans through a

significant grassroots infrastructure based on market

principles; and

(ii) act as wholesale intermediaries providing a range of

services to microfinance retail institutions, including

financing, technical assistance, capacity-building, and

safety and soundness accreditation.

(5) Limitation

Assistance provided under this subsection may only be used to

support microenterprise programs and may not be used to support

programs not directly related to the purposes described in

paragraph (1).

(c) Monitoring system

In order to maximize the sustainable development impact of the

assistance authorized under subsection (b)(1) of this section, the

Administrator of the agency primarily responsible for administering

subchapter I of this chapter shall establish a monitoring system

that -

(1) establishes performance goals for such assistance and

expresses such goals in an objective and quantifiable form, to

the extent feasible;

(2) establishes performance indicators to be used in measuring

or assessing the achievement of the goals and objectives of such

assistance;

(3) provides a basis for recommendations for adjustments to

such assistance to enhance the sustainable development impact of

such assistance, particularly the impact of such assistance on

the very poor, particularly poor women; and

(4) provides a basis for recommendations for adjustments to

measures for reaching the poorest of the poor, including proposed

legislation containing amendments to enhance the sustainable

development impact of such assistance, as described in paragraph

(3).

(d) Level of assistance

Of the funds made available under subchapter I of this chapter,

the FREEDOM Support Act, and the Support for East European

Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.], including

local currencies derived from such funds, there are authorized to

be available $155,000,000 for each of the fiscal years 2001 and

2002, to carry out this section.

(e) Definitions

In this section:

(1) Business development services

The term "business development services" means support for the

growth of microenterprises through training, technical

assistance, marketing assistance, improved production

technologies, and other services.

(2) Microenterprise institution

The term "microenterprise institution" means an institution

that provides services, including microfinance, training, or

business development services, for microentrepreneurs.

(3) Microfinance institution

The term "microfinance institution" means an institution that

directly provides, or works to expand, the availability of

credit, savings, and other financial services to

microentrepreneurs.

(4) Practitioner institution

The term "practitioner institution" means any institution that

provides services, including microfinance, training, or business

development services, for microentrepreneurs, or provides

assistance to microenterprise institutions.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 131, as added Pub. L. 106-309, title

I, Sec. 105, Oct. 17, 2000, 114 Stat. 1082.)

-REFTEXT-

REFERENCES IN TEXT

The FREEDOM Support Act, referred to in subsec. (d), is Pub. L.

102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known as

the Freedom for Russia and Emerging Eurasian Democracies and Open

Markets Support Act of 1992. For complete classification of this

Act to the Code, see Short Title note set out under section 5801 of

this title and Tables.

The Support for East European Democracy (SEED) Act of 1989,

referred to in subsec. (d), is Pub. L. 101-179, Nov. 28, 1989, 103

Stat. 1298, as amended, which is classified principally to chapter

63 (Sec. 5401 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5401 of this title and Tables.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2151f of this title.

-End-

-CITE-

22 USC Sec. 2152b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2152b. United States Microfinance Loan Facility

-STATUTE-

(a) Establishment

The Administrator is authorized to establish a United States

Microfinance Loan Facility (in this section referred to as the

"Facility") to pool and manage the risk from natural disasters, war

or civil conflict, national financial crisis, or short-term

financial movements that threaten the long-term development of

United States-supported microfinance institutions.

(b) Disbursements

(1) In general

The Administrator shall make disbursements from the Facility to

United States-supported microfinance institutions to prevent the

bankruptcy of such institutions caused by -

(A) natural disasters;

(B) national wars or civil conflict; or

(C) national financial crisis or other short-term financial

movements that threaten the long-term development of United

States-supported microfinance institutions.

(2) Form of assistance

Assistance under this section shall be in the form of loans or

loan guarantees for microfinance institutions that demonstrate

the capacity to resume self-sustained operations within a

reasonable time period.

(3) Congressional notification procedures

During each of the fiscal years 2001 and 2002, funds may not be

made available from the Facility until 15 days after notification

of the proposed availability of the funds has been provided to

the congressional committees specified in section 2394-1 of this

title in accordance with the procedures applicable to

reprogramming notifications under that section.

(c) General provisions

(1) Policy provisions

In providing the credit assistance authorized by this section,

the Administrator should apply, as appropriate, the policy

provisions in subchapter I of this chapter that are applicable to

development assistance activities.

(2) Default and procurement provisions

(A) Default provision

The provisions of section 2370(q) of this title, or any

comparable provision of law, shall not be construed to prohibit

assistance to a country in the event that a private sector

recipient of assistance furnished under this section is in

default in its payment to the United States for the period

specified in such section.

(B) Procurement provision

Assistance may be provided under this section without regard

to section 2354(a) of this title.

(3) Terms and conditions of credit assistance

(A) In general

Credit assistance provided under this section shall be

offered on such terms and conditions, including fees charged,

as the Administrator may determine.

(B) Limitation on principal amount of financing

The principal amount of loans made or guaranteed under this

section in any fiscal year, with respect to any single event,

may not exceed $30,000,000.

(C) Exception

No payment may be made under any guarantee issued under this

section for any loss arising out of fraud or misrepresentation

for which the party seeking payment is responsible.

(4) Full faith and credit

All guarantees issued under this section shall constitute

obligations, in accordance with the terms of such guarantees, of

the United States of America, and the full faith and credit of

the United States of America is hereby pledged for the full

payment and performance of such obligations to the extent of the

guarantee.

(d) Funding

(1) Allocation of funds

Of the amounts made available to carry out subchapter I of this

chapter for the fiscal year 2001, up to $5,000,000 may be made

available for -

(A) the subsidy cost, as defined in section 661a(5) of title

2, to carry out this section; and

(B) the administrative costs to carry out this section.

(2) Relation to other funding

Amounts made available under paragraph (1) are in addition to

amounts available under any other provision of law to carry out

this section.

(e) Definitions

In this section:

(1) Administrator

The term "Administrator" means the Administrator of the agency

primarily responsible for administering subchapter I of this

chapter.

(2) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives.

(3) United States-supported microfinance institution

The term "United States-supported microfinance institution"

means a financial intermediary that has received funds made

available under subchapter I of this chapter for fiscal year 1980

or any subsequent fiscal year.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 132, as added Pub. L. 106-309, title

I, Sec. 107(a), Oct. 17, 2000, 114 Stat. 1086.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

REPORT

Pub. L. 106-309, title I, Sec. 107(b), Oct. 17, 2000, 114 Stat.

1087, provided that: "Not later than 120 days after the date of the

enactment of this Act [Oct. 17, 2000], the Administrator of the

United States Agency for International Development shall submit to

the Committee on Foreign Relations of the Senate and the Committee

on International Relations of the House of Representatives a report

on the policies, rules, and regulations of the United States

Microfinance Loan Facility established under section 132 of the

Foreign Assistance Act of 1961 [22 U.S.C. 2152b], as added by

subsection (a)."

-End-

-CITE-

22 USC Sec. 2152c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2152c. Programs to encourage good governance

-STATUTE-

(a) Establishment of programs

(1) In general

The President is authorized to establish programs that combat

corruption, improve transparency and accountability, and promote

other forms of good governance in countries described in

paragraph (2).

(2) Countries described

A country described in this paragraph is a country that is

eligible to receive assistance under subchapter I of this chapter

(including part IV of subchapter II of this chapter) or the

Support for East European Democracy (SEED) Act of 1989 [22 U.S.C.

5401 et seq.].

(3) Priority

In carrying out paragraph (1), the President shall give

priority to establishing programs in countries that received a

significant amount of United States foreign assistance for the

prior fiscal year, or in which the United States has a

significant economic interest, and that continue to have the most

persistent problems with public and private corruption. In

determining which countries have the most persistent problems

with public and private corruption under the preceding sentence,

the President shall take into account criteria such as the

Transparency International Annual Corruption Perceptions Index,

standards and codes set forth by the International Bank for

Reconstruction and Development and the International Monetary

Fund, and other relevant criteria.

(4) Relation to other laws

(A) In general

Assistance provided for countries under programs established

pursuant to paragraph (1) may be made available notwithstanding

any other provision of law that restricts assistance to foreign

countries. Assistance provided under a program established

pursuant to paragraph (1) for a country that would otherwise be

restricted from receiving such assistance but for the preceding

sentence may not be provided directly to the government of the

country.

(B) Exception

Subparagraph (A) does not apply with respect to -

(i) section 2371 of this title or any comparable provision

of law prohibiting assistance to countries that support

international terrorism; or

(ii) section 907 of the Freedom for Russia and Emerging

Eurasian Democracies and Open Markets Support Act of 1992.

(b) Specific projects and activities

The programs established pursuant to subsection (a) of this

section shall include, to the extent appropriate, projects and

activities that -

(1) support responsible independent media to promote oversight

of public and private institutions;

(2) implement financial disclosure among public officials,

political parties, and candidates for public office, open

budgeting processes, and transparent financial management

systems;

(3) support the establishment of audit offices, inspectors

general offices, third party monitoring of government procurement

processes, and anti-corruption agencies;

(4) promote responsive, transparent, and accountable

legislatures and local governments that ensure legislative and

local oversight and whistle-blower protection;

(5) promote legal and judicial reforms that criminalize

corruption and law enforcement reforms and development that

encourage prosecutions of criminal corruption;

(6) assist in the development of a legal framework for

commercial transactions that fosters business practices that

promote transparent, ethical, and competitive behavior in the

economic sector, such as commercial codes that incorporate

international standards and protection of intellectual property

rights;

(7) promote free and fair national, state, and local elections;

(8) foster public participation in the legislative process and

public access to government information; and

(9) engage civil society in the fight against corruption.

(c) Conduct of projects and activities

Projects and activities under the programs established pursuant

to subsection (a) of this section may include, among other things,

training and technical assistance (including drafting of

anti-corruption, privatization, and competitive statutory and

administrative codes), drafting of anti-corruption, privatization,

and competitive statutory and administrative codes, support for

independent media and publications, financing of the program and

operating costs of nongovernmental organizations that carry out

such projects or activities, and assistance for travel of

individuals to the United States and other countries for such

projects and activities.

(d) Biennial reports

(1) In general

The Secretary of State, in consultation with the Secretary of

Commerce and the Administrator of the United States Agency for

International Development, shall prepare and transmit to the

Committee on International Relations and the Committee on

Appropriations of the House of Representatives and the Committee

on Foreign Relations and the Committee on Appropriations of the

Senate a biennial report on -

(A) projects and activities carried out under programs

established under subsection (a) of this section for the

preceding two-year period in priority countries identified

pursuant to subsection (a)(3) of this section; and

(B) projects and activities carried out under programs to

combat corruption, improve transparency and accountability, and

promote other forms of good governance established under other

provisions of law for the preceding two-year period in such

countries.

(2) Required contents

The report required by paragraph (1) shall contain the

following information with respect to each country described in

paragraph (1):

(A) A description of all United States Government-funded

programs and initiatives to combat corruption and improve

transparency and accountability in the country.

(B) A description of United States diplomatic efforts to

combat corruption and improve transparency and accountability

in the country.

(C) An analysis of major actions taken by the government of

the country to combat corruption and improve transparency and

accountability in the country.

(e) Funding

Amounts made available to carry out the other provisions of

subchapter I of this chapter (including part IV of subchapter II of

this chapter) and the Support for East European Democracy (SEED)

Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to

carry out this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 133, as added Pub. L. 106-309, title

II, Sec. 205(a), Oct. 17, 2000, 114 Stat. 1092; amended Pub. L.

107-228, div. A, title VI, Sec. 672(a), Sept. 30, 2002, 116 Stat.

1407.)

-REFTEXT-

REFERENCES IN TEXT

The Support for East European Democracy (SEED) Act of 1989,

referred to in subsecs. (a)(2) and (e), is Pub. L. 101-179, Nov.

28, 1989, 103 Stat. 1298, as amended, which is classified

principally to chapter 63 (Sec. 5401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 5401 of this title and Tables.

Section 907 of the Freedom for Russia and Emerging Eurasian

Democracies and Open Markets Support Act of 1992, referred to in

subsec. (a)(4)(B)(ii), is section 907 of Pub. L. 102-511, which is

set out as a note under section 5812 of this title.

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-228, Sec. 672(a)(1), substituted

"Biennial reports" for "Annual report" in heading.

Subsec. (d)(1). Pub. L. 107-228, Sec. 672(a)(2), substituted "a

biennial report" for "an annual report" in introductory provisions

and "preceding two-year period" for "prior year" in subpars. (A)

and (B).

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-TRANS-

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.

-MISC2-

TRANSITION

Pub. L. 107-228, div. A, title VI, Sec. 672(b), Sept. 30, 2002,

116 Stat. 1408, provided that: "The first biennial report under

section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C.

2152c(d)), as amended by subsection (a), is required to be

submitted not later than two years after the date of submission of

the last annual report required under such section 133 (as in

effect before the date of enactment of this Act [Sept. 30, 2002])."

FINDINGS AND PURPOSE

Pub. L. 106-309, title II, Sec. 202, Oct. 17, 2000, 114 Stat.

1090, provided that:

"(a) Findings. - Congress finds the following:

"(1) Widespread corruption endangers the stability and security

of societies, undermines democracy, and jeopardizes the social,

political, and economic development of a society.

"(2) Corruption facilitates criminal activities, such as money

laundering, hinders economic development, inflates the costs of

doing business, and undermines the legitimacy of the government

and public trust.

"(3) In January 1997 the United Nations General Assembly

adopted a resolution urging member states to carefully consider

the problems posed by the international aspects of corrupt

practices and to study appropriate legislative and regulatory

measures to ensure the transparency and integrity of financial

systems.

"(4) The United States was the first country to criminalize

international bribery through the enactment of the Foreign

Corrupt Practices Act of 1977 [Pub. L. 95-213, title I, see

Tables for classification] and United States leadership was

instrumental in the passage of the Organization for Economic

Cooperation and Development (OECD) Convention on Combatting

Bribery of Foreign Public Officials in International Business

Transactions.

"(5) The Vice President, at the Global Forum on Fighting

Corruption in 1999, declared corruption to be a direct threat to

the rule of law and the Secretary of State declared corruption to

be a matter of profound political and social consequence for our

efforts to strengthen democratic governments.

"(6) The Secretary of State, at the Inter-American Development

Bank's annual meeting in March 2000, declared that despite

certain economic achievements, democracy is being threatened as

citizens grow weary of the corruption and favoritism of their

official institutions and that efforts must be made to improve

governance if respect for democratic institutions is to be

regained.

"(7) In May 1996 the Organization of American States (OAS)

adopted the Inter-American Convention Against Corruption

requiring countries to provide various forms of international

cooperation and assistance to facilitate the prevention,

investigation, and prosecution of acts of corruption.

"(8) Independent media, committed to fighting corruption and

trained in investigative journalism techniques, can both educate

the public on the costs of corruption and act as a deterrent

against corrupt officials.

"(9) Competent and independent judiciary, founded on a

merit-based selection process and trained to enforce contracts

and protect property rights, is critical for creating a

predictable and consistent environment for transparency in legal

procedures.

"(10) Independent and accountable legislatures, responsive

political parties, and transparent electoral processes, in

conjunction with professional, accountable, and transparent

financial management and procurement policies and procedures, are

essential to the promotion of good governance and to the combat

of corruption.

"(11) Transparent business frameworks, including modern

commercial codes and intellectual property rights, are vital to

enhancing economic growth and decreasing corruption at all levels

of society.

"(12) The United States should attempt to improve

accountability in foreign countries, including by -

"(A) promoting transparency and accountability through

support for independent media, promoting financial disclosure

by public officials, political parties, and candidates for

public office, open budgeting processes, adequate and effective

internal control systems, suitable financial management

systems, and financial and compliance reporting;

"(B) supporting the establishment of audit offices,

inspectors general offices, third party monitoring of

government procurement processes, and anti-corruption agencies;

"(C) promoting responsive, transparent, and accountable

legislatures that ensure legislative oversight and

whistle-blower protection;

"(D) promoting judicial reforms that criminalize corruption

and promoting law enforcement that prosecutes corruption;

"(E) fostering business practices that promote transparent,

ethical, and competitive behavior in the private sector through

the development of an effective legal framework for commerce,

including anti-bribery laws, commercial codes that incorporate

international standards for business practices, and protection

of intellectual property rights; and

"(F) promoting free and fair national, state, and local

elections.

"(b) Purpose. - The purpose of this title [see Short Title of

2000 Amendments note set out under section 2151 of this title] is

to ensure that United States assistance programs promote good

governance by assisting other countries to combat corruption

throughout society and to improve transparency and accountability

at all levels of government and throughout the private sector."

DEADLINE FOR INITIAL REPORT

Pub. L. 106-309, title II, Sec. 205(b), Oct. 17, 2000, 114 Stat.

1094, provided that: "The initial annual report required by section

133(d)(1) of the Foreign Assistance Act of 1961 [22 U.S.C.

2152c(d)(1)], as added by subsection (a), shall be transmitted not

later than 180 days after the date of the enactment of this Act

[Oct. 17, 2000]."

-End-

-CITE-

22 USC Sec. 2152d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2152d. Assistance to foreign countries to meet minimum

standards for the elimination of trafficking

-STATUTE-

(a) Authorization

The President is authorized to provide assistance to foreign

countries directly, or through nongovernmental and multilateral

organizations, for programs, projects, and activities designed to

meet the minimum standards for the elimination of trafficking (as

defined in section 7102 of this title), including -

(1) the drafting of laws to prohibit and punish acts of

trafficking;

(2) the investigation and prosecution of traffickers;

(3) the creation and maintenance of facilities, programs,

projects, and activities for the protection of victims; and

(4) the expansion of exchange programs and international

visitor programs for governmental and nongovernmental personnel

to combat trafficking.

(b) Funding

Amounts made available to carry out the other provisions of

subchapter I of this chapter (including part IV of subchapter II of

this chapter) and the Support for East European Democracy (SEED)

Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to

carry out this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 134, as added Pub. L. 106-386, div. A,

Sec. 109, Oct. 28, 2000, 114 Stat. 1481.)

-REFTEXT-

REFERENCES IN TEXT

The Support for East European Democracy (SEED) Act of 1989,

referred to in subsec. (b), is Pub. L. 101-179, Nov. 28, 1989, 103

Stat. 1298, as amended, which is classified principally to chapter

63 (Sec. 5401 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5401 of this title and Tables.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7110 of this title.

-End-

-CITE-

22 USC Sec. 2152e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part I - Declaration of Policy; Development Assistance

Authorizations

-HEAD-

Sec. 2152e. Program to improve building construction and practices

in Latin American countries

-STATUTE-

(a) In general

The President, acting through the Administrator of the United

States Agency for International Development, is authorized, under

such terms and conditions as the President may determine, to carry

out a program to improve building construction codes and practices

in Ecuador, El Salvador, and other Latin American countries (in

this section referred to as the "program").

(b) Program description

(1) In general

The program shall be in the form of grants to, or contracts

with, organizations described in paragraph (2) to support the

following activities:

(A) Training

Training of appropriate professionals in Latin America from

both the public and private sectors to enhance their

understanding of building and housing codes and standards.

(B) Translation and distribution

Translating and distributing in the region detailed

construction manuals, model building codes, and publications

from organizations described in paragraph (2), including

materials that address zoning, egress, fire and life safety,

plumbing, sewage, sanitation, electrical installation,

mechanical installation, structural engineering, and seismic

design.

(C) Other assistance

Offering other relevant assistance as needed, such as helping

government officials develop seismic micro-zonation maps or

draft pertinent legislation, to implement building codes and

practices that will help improve the resistance of buildings

and housing in the region to seismic activity and other natural

disasters.

(2) Covered organizations

Grants and contracts provided under this section shall be

carried out through United States organizations with expertise in

the areas described in paragraph (1), including the American

Society of Testing Materials, the Underwriters Laboratories, the

American Society of Mechanical Engineers, the American Society of

Civil Engineers, the American Society of Heating, Refrigeration,

and Air Conditioning Engineers, the International Association of

Plumbing and Mechanical Officials, the International Code

Council, and the National Fire Protection Association.

-SOURCE-

(Pub. L. 107-228, div. A, title VI, Sec. 688, Sept. 30, 2002, 116

Stat. 1413.)

-COD-

CODIFICATION

Section was enacted as part of the Department of State

Authorization Act, Fiscal Year 2003, and also as part of the

Foreign Relations Authorization Act, Fiscal Year 2003, and not as

part of the Foreign Assistance Act of 1961 which comprises this

chapter.

-End-

-CITE-

22 USC Part II - Other Programs 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

PART II - OTHER PROGRAMS

-End-

-CITE-

22 USC subpart i - multilateral and regional development

programs 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

SUBPART I - MULTILATERAL AND REGIONAL DEVELOPMENT PROGRAMS

-End-

-CITE-

22 USC Secs. 2161, 2162 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Secs. 2161, 2162. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2161, Pub. L. 87-195, pt. I, Sec. 201, Sept. 4, 1961, 75

Stat. 426; Pub. L. 87-565, pt. I, Sec. 102, Aug. 1, 1962, 76 Stat.

256; Pub. L. 88-205, pt. I, Sec. 102(a), Dec. 16, 1963, 77 Stat.

380; Pub. L. 88-633, pt. I, Sec. 101, Oct. 7, 1964, 78 Stat. 1009;

Pub. L. 89-583, pt. I, Sec. 102(a), Sept. 19, 1966, 80 Stat. 796;

Pub. L. 90-137, pt. I, Sec. 102(a), (b), Nov. 14, 1967, 81 Stat.

447; Pub. L. 90-554, pt. I, Sec. 101(a), Oct. 8, 1968, 82 Stat.

960, related to the establishment by the President of the

Development Loan Fund. See section 2151(b) of this title.

Section 2162, Pub. L. 87-195, pt. I, Sec. 202, Sept. 4, 1961, 75

Stat. 426; Pub. L. 88-205, pt. I, Sec. 102(b), Dec. 16, 1963, 77

Stat. 380; Pub. L. 89-583, pt. I, Sec. 102(b), Sept. 19, 1966, 80

Stat. 796; Pub. L. 90-137, pt. I, Sec. 102(c), Nov. 14, 1967, 81

Stat. 447; Pub. L. 90-554, pt. I, Sec. 101(b), Oct. 8, 1968, 82

Stat. 960; Pub. L. 91-175, pt. I, Sec. 101(a), Dec. 30, 1969, 83

Stat. 805; Pub. L. 92-226, pt. I, Sec. 101(a), Feb. 7, 1972, 86

Stat. 21, related to authorization of appropriations, availability

of funds, and encouragement of development through private

enterprise.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2163 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Sec. 2163. Repealed. Pub. L. 93-189, Sec. 3(b), Dec. 17, 1973, 87

Stat. 717

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 203, Sept. 4, 1961, 75 Stat.

427; Pub. L. 91-175, pt. I, Sec. 101(b), Dec. 30, 1969, 83 Stat.

805; Pub. L. 92-226, pt. I, Sec. 101(b), Feb. 7, 1972, 86 Stat. 21;

Pub. L. 93-189, Sec. 3(a), Dec. 17, 1973, 87 Stat. 717; Pub. L.

93-559, Sec. 6, Dec. 30, 1974, 88 Stat. 1796, authorized use of not

more than 50 per centum of dollar receipts scheduled to be paid

during each of the fiscal years 1974 and 1975 from loans made under

this subchapter and predecessor foreign assistance legislation for

making loans under part I of this subchapter for each such fiscal

year, and disposition of dollar receipts paid on and after July 1,

1975.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1975, see section 3(b) of Pub. L.

93-189.

-End-

-CITE-

22 USC Sec. 2164 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Sec. 2164. Repealed. Pub. L. 95-424, title I, Sec. 102(g)(1)(A),

Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 204, Sept. 4, 1961, 75 Stat.

427, related to the establishment, duties and appointment of

officers of the Development Loan Committee. The provisions of this

section were redesignated as subsec. (e) of section 2151t of this

title by section 102(d)(1), (2) of Pub. L. 95-424.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2165 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Sec. 2165. Repealed. Pub. L. 92-226, pt. I, Sec. 101(d), Feb. 7,

1972, 86 Stat. 21

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 205, Sept. 4, 1961, 75 Stat.

427; Pub. L. 89-171, pt. I, Sec. 102(a), Sept. 6, 1965, 79 Stat.

653; Pub. L. 89-583, pt. I, Sec. 102(c), Sept. 19, 1966, 80 Stat.

797; Pub. L. 90-137, pt. I, Sec. 102(d), Nov. 14, 1967, 81 Stat.

447, provided for use of international lending organizations.

-End-

-CITE-

22 USC Sec. 2166 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Sec. 2166. Regional development in Africa

-STATUTE-

The President is requested to seek and to take appropriate

action, in cooperation and consultation with African and other

interested nations and with international development

organizations, to further and assist in the advancement of African

regional development institutions, including the African

Development Bank, with the view toward promoting African economic

development.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 206, as added Pub. L. 89-171, pt. I,

Sec. 102(b), Sept. 6, 1965, 79 Stat. 653.)

-TRANS-

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.

-MISC1-

AFRICAN ASSISTANCE POLICY; PRESIDENTIAL REPORT TO CONGRESS

Pub. L. 93-559, Sec. 49, Dec. 30, 1974, 88 Stat. 1816, which

related to Presidential review and report on African assistance

policy, was repealed by Pub. L. 97-113, title VII, Sec. 734(a)(8),

Dec. 29, 1981, 95 Stat. 1560.

PORTUGUESE AFRICAN TERRITORIES OF ANGOLA, MOZAMBIQUE, AND

GUINEA-BISSAU: INDEPENDENCE POLICY

Pub. L. 93-559, Sec. 50, Dec. 30, 1974, 88 Stat. 1816, as amended

by Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec. 29, 1981, 95

Stat. 1560, provided that:

"(a)(1) Congress finds that the Government of Portugal's

recognition of the right to independence of the African territories

of Angola, Mozambique, and Guinea-Bissau marks a significant

advance toward the goal of self-determination for all the peoples

of Africa, without which peace on the continent is not secure.

"(2) Congress finds that progress toward independence for the

Portuguese African territories will have a significant impact on

the international organizations and the community of nations.

"(3) Congress commends the Portuguese Government's initiatives on

these fronts as evidence of a reaffirmation of that Government's

support for her obligations under both the United Nations Charter

and the North Atlantic Treaty Organization.

"(b) Therefore, Congress calls upon the President and the

Secretary of State to take the following actions designed to make

clear United States support for a peaceful and orderly transition

to independence in the Portuguese African territories:

"(1) An official statement should be issued of United States

support for the independence of Angola, Mozambique and

Guinea-Bissau, and of our desire to have good relations with the

future governments of the countries.

"(2) It should be made clear to the Government of of Portugal

that we view the efforts toward a peaceful and just settlement of

the conflict in the African territories as consistent with

Portugal's obligations under the North Atlantic Treaty

Organization partnership.

"(3) The United States should encourage United Nations support

for a peaceful transition to independence, negotiated settlement

of all differences, and the protection of human rights of all

citizens of the three territories.

"(4) The United States should open a dialog with potential

leaders of Angola, Mozambique, and Guinea-Bissau and assure them

of our commitment to their genuine political and economic

independence.

"(5) The economic development needs of the three territories

will be immense when independence is achieved. Therefore, it is

urged that the United States Agency for International Development

devote attention to assessing the economic situation in Angola,

Mozambique, and Guinea-Bissau and be ready to cooperate with the

future governments in providing the kind of assistance that will

help make their independence viable. In addition, the United

States Government should take the initiative among other donors,

both bilateral and multilateral, in seeking significant

contribution of development assistance for the three territories.

"(6) In light of the need of Angola, Mozambique, and

Guinea-Bissau for skilled and educated manpower, a priority

consideration should be given to expanding current United States

programs of educational assistance to the territories as a timely

and substantive contribution to their independence.

"(c) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec.

29, 1981, 95 Stat. 1560.]"

-EXEC-

EXECUTIVE ORDER NO. 12599

Ex. Ord. No. 12599, June 23, 1987, 52 F.R. 23779, which

established the Coordinating Committee for Sub-Saharan Africa and

assigned its functions in order to establish procedures for

development of a common long-term goal for all United States

economic programs and policies in Sub-Saharan Africa, was revoked

by Ex. Ord. No. 13118, Sec. 10(3), Mar. 31, 1999, 64 F.R. 16598.

-End-

-CITE-

22 USC Secs. 2167, 2168 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Secs. 2167, 2168. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2167, Pub. L. 87-195, pt. I, Sec. 207, as added Pub. L.

90-137, pt. I, Sec. 102(e), Nov. 14, 1967, 81 Stat. 448, related to

placement of emphasis on democratic institutions, agriculture,

education, public health and other needs, in the furnishing of

development assistance.

Section 2168, Pub. L. 87-195, pt. I, Sec. 208, as added Pub. L.

90-137, pt. I, Sec. 102(e), Nov. 14, 1967, 81 Stat. 448, related to

the taking into account, in determining to what extent United

States should furnish assistance, of country's own efforts to aid

itself.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2169 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart i - multilateral and regional development programs

-HEAD-

Sec. 2169. Multilateral, regional, and bilateral programs

-STATUTE-

(a) Multilateral programs

The Congress recognizes that the planning and administration of

development assistance by, or under the sponsorship of the United

Nations, multilateral lending institutions, and other multilateral

organizations may contribute to the efficiency and effectiveness of

that assistance through participation of other donors in the

development effort, improved coordination of policies and programs,

pooling of knowledge, avoidance of duplication of facilities and

manpower, and greater encouragement of self-help performance.

(b) Regional programs

It is further the sense of the Congress (1) that where problems

or opportunities are common to two or more countries in a region,

in such fields as agriculture, education, transportation,

communications, power, watershed development, disease control, and

establishment of development banks, these countries often can more

effectively resolve such problems and exploit such opportunities by

joining together in regional organizations or working together on

regional programs, (2) that assistance often can be utilized more

efficiently in regional programs than in separate country programs,

and (3) that to the maximum extent practicable consistent with the

purposes of this chapter assistance under this chapter should be

furnished so as to encourage less developed countries to cooperate

with each other in regional development programs.

(c) Federal funds to multilateral lending institutions and

multilateral organizations for loans to foreign countries;

increase

It is the sense of the Congress that the President should

increase, to the extent practicable, the funds provided by the

United States to multilateral lending institutions and multilateral

organizations in which the United States participates for use by

such institutions and organizations in making loans to foreign

countries.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 209, as added Pub. L. 90-137, pt. I,

Sec. 102(e), Nov. 14, 1967, 81 Stat. 449; amended Pub. L. 92-226,

pt. I, Sec. 101(c), Feb. 7, 1972, 86 Stat. 21; Pub. L. 94-161,

title III, Sec. 311(1), Dec. 20, 1975, 89 Stat. 860; Pub. L.

106-429, Sec. 101(a) [title VIII, Sec. 804], Nov. 6, 2000, 114

Stat. 1900, 1900A-67.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-429 struck out subsec. (d) which

read as follows: "In furtherance of the provisions of subsection

(a) of this section, any funds appropriated under subchapter I of

this chapter may be transferred by the President to the

International Development Association, the International Bank for

Reconstruction and Development, the International Finance

Corporation, the Asian Development Bank or other multilateral

lending institutions and multilateral organizations in which the

United States participates for the purpose of providing funds to

enable any such institution or organization to make loans to

foreign countries."

1975 - Subsec. (c). Pub. L. 94-161 substituted provision for

increase of Federal funds to multilateral lending institutions and

multilateral organizations for making loans to foreign countries

for prior provision for reduction of loans under the bilateral

lending programs to attain a total amount not to exceed

$100,000,000 not later than June 30, 1975.

1972 - Subsec. (a). Pub. L. 92-226, Sec. 101(c)(1), in amending

subsec. (a) generally, provided for United Nations sponsorship of

development assistance and substituted "may contribute" for "may,

in some instances, contribute".

Subsecs. (c), (d). Pub. L. 92-226, Sec. 101(c)(2), added subsecs.

(c) and (d).

-TRANS-

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.

-MISC2-

ESTABLISHMENT OF STANDARD GOVERNING ALLOCATION OF DEVELOPMENT

ASSISTANCE FOR PRODUCTION AND EXPORT OF COMMODITIES IN SURPLUS IN

WORLD MARKET; PRESIDENTIAL INITIATION OF INTERNATIONAL

CONSULTATIONS; REPORT BY PRESIDENT TO CONGRESS

Pub. L. 95-481, title VI, Sec. 610, Oct. 18, 1978, 92 Stat. 1602,

provided that: "The President shall initiate wide international

consultations beginning with the member nations of the Organization

of Economic Cooperation and Development (OECD), designed to develop

a viable standard governing the allocation of development

assistance for the production and export of commodities. Such

consultations shall relate to commodities which are in surplus in

the world market and if produced for export would cause substantial

harm to producers of the same, similar or competing products. Not

later than one year after the enactment of this Act [Oct. 18, 1978]

the President shall report to the President of the Senate, the

Speaker of the House of Representatives, and the Chairmen of the

House and Senate Appropriations Committees on the progress made in

carrying out this section."

POLICY WITH RESPECT TO COUNTRIES MOST SERIOUSLY AFFECTED BY FOOD

SHORTAGES; PRESIDENTIAL REPORTS TO CONGRESS

Pub. L. 93-559, Sec. 55(a), Dec. 30, 1974, 88 Stat. 1819,

provided that: "The United Nations has designated thirty-two

countries as 'Most Seriously Affected' by the current economic

crisis. These are countries without the internal food production

capability or the foreign exchange availability to secure food to

meet their immediate food requirements. The Congress calls upon the

President and Secretary of State to take the following actions

designed to mobilize appropriate resources to meet the food

emergency:

"(1) Review and make appropriate adjustments in the level of

programming of our food and fertilizer assistance programs with

the aim of increasing to the maximum extent feasible the volume

of food and fertilizer available to those countries most

seriously affected by current food shortages.

"(2) Call upon all traditional and potential new donors of

food, fertilizer, or the means of financing these commodities to

immediately increase their participation in efforts to address

the emergency food needs of the developing world.

"(3) Make available to these most seriously affected countries

the maximum feasible volume of food commodities, with appropriate

regard to the current domestic price and supply situations.

"(4) Maintain regular and full consultation with the

appropriate committees of the Congress and report to the Congress

and the Nation on steps which are being taken to help meet this

food emergency. In accordance with this provision, the President

shall report to the Congress on a global assessment of food needs

for fiscal year 1975, specifying expected food grain deficits and

currently planned programming of food assistance, and steps which

are being taken to encourage other countries to increase their

participation in food assistance or the financing of food

assistance. Such report should reach the Congress promptly and

should be supplemented quarterly for the remainder of fiscal year

1975.

"(5) The Congress directs that during the fiscal year ending

June 30, 1975, not more than 30 percent of concessional food aid

should be allocated to countries other than those which are most

seriously affected by current food shortages, unless the

President demonstrates to the appropriate Committees of the

Congress that the use of such food assistance is solely for

humanitarian food purposes.

"(6) The Congress calls upon the President to proceed with the

implementation of resolutions and recommendations adopted by the

World Food Conference. The Congress believes that it is incumbent

upon the United States to take a leading role in assisting in the

development of a viable and coherent world food policy which

would begin the task of alleviating widespread hunger and

suffering prevalent in famine-stricken nations. The President

shall report to the Congress within 120 days of enactment of this

Act [Dec. 30, 1974] on the implementation of the resolutions and

the extent to which the United States is participating in the

implementation of resolutions adopted at the World Food

Conference."

-End-

-CITE-

22 USC subpart ii - american schools and hospitals

abroad; prototype desalting

plants 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

SUBPART II - AMERICAN SCHOOLS AND HOSPITALS ABROAD; PROTOTYPE

DESALTING PLANTS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 2361, 2395 of this title.

-End-

-CITE-

22 USC Secs. 2171, 2172 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Secs. 2171, 2172. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2171, Pub. L. 87-195, pt. I, Sec. 211, Sept. 4, 1961, 75

Stat. 427; Pub. L. 87-565, pt. I, Sec. 103(a), Aug. 1, 1962, 76

Stat. 256; Pub. L. 89-583, pt. I, Sec. 103(a), Sept. 19, 1966, 80

Stat. 797; Pub. L. 90-554, pt. I, Sec. 102(a), Oct. 8, 1968, 82

Stat. 960; Pub. L. 93-189, Sec. 4(1), Dec. 17, 1973, 87 Stat. 717,

related to general authority of President to furnish assistance and

considerations to be taken into account.

Section 2172, Pub. L. 87-195, pt. I, Sec. 212, Sept. 4, 1961, 75

Stat. 428; Pub. L. 87-565, pt. I, Sec. 103(b), Aug. 1, 1962, 76

Stat. 256; Pub. L. 88-205, pt. I, Sec. 103(a), Dec. 16, 1963, 77

Stat. 381; Pub. L. 88-633, pt. I, Sec. 102(b), Oct. 7, 1964, 78

Stat. 1009; Pub. L. 89-171, pt. I, Sec. 103(a), Sept. 6, 1965, 79

Stat. 654; Pub. L. 89-583, pt. I, Sec. 103(b), Sept. 19, 1966, 80

Stat. 797; Pub. L. 90-137, pt. I, Sec. 103(b), Nov. 14, 1967, 81

Stat. 449; Pub. L. 90-554, pt. I, Sec. 102(b), Oct. 8, 1968, 82

Stat. 960; Pub. L. 91-175, pt. I, Sec. 102, Dec. 30, 1969, 83 Stat.

805; Pub. L. 92-226, pt. I, Sec. 102(a), Feb. 7, 1972, 86 Stat. 22,

related to authorization of appropriations.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2173 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Sec. 2173. Repealed. Pub. L. 87-565, pt. I, Sec. 103(c), Aug. 1,

1962, 76 Stat. 256

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 213, Sept. 4, 1961, 75 Stat.

428, related to peaceful use of atomic energy outside United

States. See section 2171 of this title.

-End-

-CITE-

22 USC Sec. 2174 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Sec. 2174. American schools, libraries, and hospital centers abroad

-STATUTE-

(a) Assistance for schools and libraries

The President is authorized to furnish assistance, on such terms

and conditions as he may specify, to schools and libraries outside

the United States founded or sponsored by United States citizens

and serving as study and demonstration centers for ideas and

practices of the United States.

(b) Assistance for hospital centers

The President is authorized, notwithstanding the provisions of

the Mutual Defense Assistance Control Act of 1951 [22 U.S.C. 1611

et seq.], to furnish assistance, on such terms and conditions as he

may specify, to institutions referred to in subsection (a) of this

section, and to hospital centers for medical education and research

outside the United States, founded or sponsored by United States

citizens.

(c) Authorization of appropriations

(1) To carry out the purposes of this section, there are

authorized to be appropriated to the President $35,000,000 for

fiscal year 1986 and $35,000,000 for fiscal year 1987.

(2) Amounts appropriated under paragraph (1) are authorized to

remain available until expended.

(d) Pediatric plastic and reconstructive surgery centers

Notwithstanding the provisions of subsection (b) of this section,

funds appropriated under this section may be used for assistance to

centers for pediatric plastic and reconstructive surgery

established by Children's Medical Relief International, except that

assistance may not be furnished for the domestic operations of any

such center located in the United States, its territories or

possessions.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 214, Sept. 4, 1961, 75 Stat. 428; Pub.

L. 88-205, pt. I, Sec. 103(b), Dec. 16, 1963, 77 Stat. 381; Pub. L.

88-633, pt. I, Sec. 102(c), Oct. 7, 1964, 78 Stat. 1009; Pub. L.

89-171, pt. I, Sec. 103(b), Sept. 6, 1965, 79 Stat. 654; Pub. L.

89-583, pt. I, Sec. 103(c), Sept. 19, 1966, 80 Stat. 798; Pub. L.

90-137, pt. I, Sec. 103(c), Nov. 14, 1967, 81 Stat. 450; Pub. L.

90-554, pt. I, Sec. 102(c), Oct. 8, 1968, 82 Stat. 960; Pub. L.

91-175, pt. I, Sec. 103, Dec. 30, 1969, 83 Stat. 805; Pub. L.

92-226, pt. I, Sec. 102(b), Feb. 7, 1972, 86 Stat. 22; Pub. L.

93-189, Sec. 4(2), Dec. 17, 1973, 87 Stat. 717; Pub. L. 94-161,

title III, Sec. 311(2), Dec. 20, 1975, 89 Stat. 861; Pub. L. 95-88,

title I, Sec. 116(a), Aug. 3, 1977, 91 Stat. 539; Pub. L. 95-424,

title I, Sec. 114, Oct. 6, 1978, 92 Stat. 950; Pub. L. 96-53, title

I, Sec. 111, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96-533, title IV,

Sec. 401, Dec. 16, 1980, 94 Stat. 3149; Pub. L. 97-113, title V,

Sec. 501, Dec. 29, 1981, 95 Stat. 1538; Pub. L. 99-83, title IV,

Sec. 401, Aug. 8, 1985, 99 Stat. 217.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Defense Assistance Control Act of 1951, referred to in

subsec. (b), is act Oct. 26, 1951, ch. 575, 65 Stat. 644, as

amended, which was classified generally to chapter 20A (Sec. 1611

et seq.) of this title prior to its supersedure by section 2416(e)

of Title 50, Appendix, War and National Defense. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1985 - Subsec. (c). Pub. L. 99-83 amended subsec. (c) generally,

designating existing provisions as pars. (1) and (2) and

substituting provisions authorizing appropriations of $35,000,000

for fiscal years 1986 and 1987 for provisions authorizing

appropriations of $20,000,000 for fiscal years 1982 and 1983.

1981 - Subsec. (c). Pub. L. 97-113 substituted appropriations of

$20,000,000 for fiscal years 1982 and 1983, for appropriation of

$30,000,000 for fiscal year 1981.

1980 - Subsec. (c). Pub. L. 96-533 substituted appropriations

authorization of $30,000,000 for the fiscal year 1981 for such

authorization of $25,000,000 for the fiscal year 1980.

1979 - Subsec. (c). Pub. L. 96-53 extended authorization of

appropriations from fiscal year 1979 to fiscal year 1980.

1978 - Subsec. (c). Pub. L. 95-424 substituted "$25,000,000 for

the fiscal year 1979, which amount is" for "for the fiscal year

1977, $25,000,000, and for the fiscal year 1978, $25,000,000, which

amounts are".

Subsecs. (d) to (f). Pub. L. 95-424 struck out subsec. (d)

relating to authorization of appropriations, and subsec. (e)

relating to submission of recommendations to Congress by the

Secretary of State concerning assistance, and redesignated former

subsec. (f) as (d).

1977 - Subsec. (c). Pub. L. 95-88, Sec. 116(a)(1), struck out

provisions authorizing appropriations of $19,000,000 for each of

the fiscal years 1974 and 1975 and $25,000,000 for fiscal year 1976

and inserted provisions authorizing an appropriation of $25,000,000

for fiscal year 1978.

Subsec. (d). Pub. L. 95-88, Sec. 116(a)(2), struck out provisions

authorizing appropriations of $6,500,000 for each of the fiscal

years 1974 and 1975 and an appropriation of $7,000,000 for fiscal

year 1976 and inserted provisions authorizing an appropriation of

$7,000,000 for fiscal year 1978.

Subsec. (f). Pub. L. 95-88, Sec. 116(b), added subsec. (f).

1975 - Subsec. (c). Pub. L. 94-161, Sec. 311(2)(A), authorized

appropriation of $25,000,000 for fiscal years 1976 and 1977.

Subsec. (d). Pub. L. 94-161, Sec. 311(2)(B), authorized

additional appropriation of $7,000,000 for fiscal years 1976 and

1977.

1973 - Subsec. (c). Pub. L. 93-189 substituted provisions

authorizing appropriations for the fiscal years 1974 and 1975, for

provisions authorizing appropriations for the fiscal years 1972 and

1973 and directing that any amounts appropriated for the fiscal

year 1970 be available for expenditure solely in accordance with

the allocations set forth on pages 25 and 26 of House Report No.

91-611 and on page 23 of Senate Report No. 91-603.

Subsec. (d). Pub. L. 93-189 substituted provisions authorizing

the appropriation in fiscal years 1974 and 1975 of $6,500,000 in

foreign currencies which the Secretary of the Treasury determines

to be in excess to the normal requirements of the United States,

for provisions authorizing the appropriation for the purposes of

subsec. (b) of this section, in addition to funds otherwise

available for such purposes, for the fiscal year 1970, of

$3,000,000 in foreign currencies which the Secretary of the

Treasury determines to be in excess of the normal requirement of

the United States and directing that foreign currencies thus

appropriated be available for expenditure solely in accordance with

the allocation set forth on page 23 of Senate Report No. 91-603.

Subsec. (e). Pub. L. 93-189 added subsec. (e).

1972 - Subsec. (c). Pub. L. 92-226 authorized appropriations of

$30,000,000 for fiscal years 1972 and 1973, and struck out

provision for authorization of $25,900,000 for fiscal year 1970,

and $12,900,000 for fiscal year 1971.

1969 - Subsec. (c). Pub. L. 91-175, Sec. 103(1), substituted

authorization of $25,900,000 for the fiscal year 1970 and

$12,900,000 for the fiscal year 1971, for sum of $14,600,000 for

the fiscal year 1969, and inserted provision making amounts

appropriated under this subsection for the fiscal year 1970

available for expenditure solely in accordance with the allocations

set forth on pages 25 and 26 of House Report No. 91-611 and on page

23 of Senate Report No. 91-603.

Subsec. (d). Pub. L. 91-175, Sec. 103(2), (3), substituted

authorization of $3,000,000 for fiscal year 1970, for sum of

$5,100,000 for fiscal year 1969, and inserted provision making

foreign currencies appropriated under this subsection available for

expenditure solely in accordance with the allocation set forth on

page 23 of Senate Report No. 91-603.

1968 - Subsec. (c). Pub. L. 90-554, Sec. 102(c)(1), substituted

authorization of $14,600,000 for fiscal year 1969, for sum of

$14,000,000 for fiscal year 1968.

Subsec. (d). Pub. L. 90-554, Sec. 102(c)(2), substituted

authorization of $5,100,000 for fiscal year 1969, for sum of

$2,986,000 for fiscal year 1968.

1967 - Subsec. (c). Pub. L. 90-137, Sec. 103(c)(1), substituted

authorization of $14,000,000 for fiscal year 1968 for sum of

$10,989,000 for fiscal year 1967.

Subsec. (d). Pub. L. 90-137, Sec. 103(c)(2), substituted

authorization of $2,986,000 for fiscal year 1968 for sum of

$1,000,000 for fiscal year 1967.

1966 - Subsec. (b). Pub. L. 89-583, Sec. 103(c)(1), substituted

"to institutions referred to in subsection (a) of this section, and

to hospital centers for medical education and research outside the

United States, founded or sponsored by United States citizens" for

"to hospitals outside the United States founded or sponsored by

United States citizens and serving as centers for medical education

and research".

Subsec. (c). Pub. L. 89-583, Sec. 103(c)(2), substituted

authorization of $10,989,000 for fiscal year 1967 for sum of

$7,000,000 for fiscal year 1966.

Subsec. (d). Pub. L. 89-583, Sec. 103(c)(3), added subsec. (d).

1965 - Subsec. (b). Pub. L. 89-171, Sec. 103(b)(1), substituted

"medical education and research" for "medical treatment, education,

and research".

Subsec. (c). Pub. L. 89-171, Sec. 103(b)(2), substituted "1966,

$7,000,000" for "1965, $18,000,000".

1964 - Subsec. (c). Pub. L. 88-633 substituted "1965,

$18,000,000" for "1964, $19,000,000" and struck out "Of the sums

authorized to be appropriated under this subsection, not to exceed

$2,200,000 shall be available for direct dollar costs in carrying

out subsection (b) of this section and $4,700,000 shall be

available solely for the purchase of foreign currencies accruing to

the United States Government under any Act."

1963 - Subsec. (a). Pub. L. 88-205, Sec. 103(b)(1), substituted

"furnish" for "use, in addition to other funds available for such

purposes, funds made available for the purpose of section 2171 of

this title for".

Subsec. (b). Pub. L. 88-205, Sec. 103(b)(2), substituted "to

furnish" for "foreign currencies accruing to the United States

Government under any Act, for purposes of subsection (a) of this

section and for", and struck out "to use" before "notwithstanding".

Subsec. (c). Pub. L. 88-205, Sec. 103(b)(3), added subsec. (c).

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 section 2151-1 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 116(b) of Pub. L. 95-88 provided that: "The amendment

made by subsection (a)(3) [amending this section] shall not apply

to funds appropriated before the date of enactment of this Act

[Aug. 3, 1977]."

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2370 of this title; title

40 section 703.

-End-

-CITE-

22 USC Sec. 2175 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Sec. 2175. Repealed. Pub. L. 95-424, title I, Sec. 102(g)(1)(A),

Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 215, Sept. 4, 1961, 75 Stat.

428, related to loans to small farmers.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2175a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Sec. 2175a. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(8),

Dec. 29, 1981, 95 Stat. 1560

-MISC1-

Section, Pub. L. 93-559, Sec. 3, Dec. 30, 1974, 88 Stat. 1795,

imposed a ceiling on aid to South Vietnam for procurement of

fertilizers. See section 2370(f) of this title.

-End-

-CITE-

22 USC Secs. 2176 to 2178 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Secs. 2176 to 2178. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2176, Pub. L. 87-195, pt. I, Sec. 216, Sept. 4, 1961, 75

Stat. 429; Pub. L. 88-633, pt. I, Sec. 102(d), Oct. 7, 1964, 78

Stat. 1009, related to payment by the United States of

transportation charges of the American Red Cross and United States

voluntary nonprofit relief agencies.

Section 2177, Pub. L. 87-195, pt. I, Sec. 217, as added Pub. L.

88-633, pt. I, Sec. 102(e), Oct. 7, 1964, 78 Stat. 1009, related to

a determination of the feasibility of establishing programs for the

furnishing to less developed countries of used tools, machinery,

etc., to be donated by private enterprise.

Section 2178, Pub. L. 87-195, pt. I, Sec. 218, as added Pub. L.

90-137, pt. I, Sec. 103(a), Nov. 14, 1967, 81 Stat. 450, related to

the demonstration of the use of fish and other protein concentrates

as a means of reducing nutritional deficiencies in less developed

countries.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2179 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Sec. 2179. Prototype desalting plant

-STATUTE-

(a) Assistance in development

In furtherance of the purposes of subchapter I of this chapter

and for the purpose of improving existing, and developing and

advancing new, technology and experience in the design,

construction, and operation of large-scale desalting plants of

advanced concepts which will contribute materially to low-cost

desalination in all countries, including the United States, the

President, if he determines it to be feasible, is authorized to

participate in the development of a large-scale water treatment and

desalting prototype plant and necessary appurtenances to be

constructed in Israel as an integral part of a dual-purpose power

generating and desalting project. Such participation shall include

financial, technical, and such other assistance as the President

deems appropriate to provide for the study, design, construction,

and, for a limited demonstration period of not to exceed five

years, operation and maintenance of the water treatment and

desalting facilities of the dual-purpose project.

(b) Terms and conditions

Any agreement entered into under subsection (a) of this section

shall include such terms and conditions as the President deems

appropriate to insure, among other things, that all information,

products, uses, processes, patents, and other developments obtained

or utilized in the development of this prototype plant will be

available without further cost to the United States for the use and

benefit of the United States throughout the world, and to insure

that the United States, its officers, and employees have a

permanent right to review data and have access to such plant for

the purpose of observing its operations and improving science and

technology in the field of desalination.

(c) Contracts

In carrying out the provisions of this section, the President may

enter into contracts with public or private agencies and with any

person without regard to section 3324(a) and (b) of title 31 and

section 5 of title 41.

(d) Patents

Nothing in this section shall be construed as intending to

deprive the owner of any background patent or any right which such

owner may have under that patent.

(e) Federal agencies

In carrying out the provisions of this section, the President may

utilize the personnel, services, and facilities of any Federal

agency.

(f) Authorization of appropriations

The United States costs, other than its administrative costs, for

the study, design, construction, and operation of a prototype plant

under this section shall not exceed either 50 per centum of the

total capital costs of the facilities associated with the

production of water, and 50 per centum of the operation and

maintenance costs for the demonstration period, or $20,000,000,

whichever is less. There are authorized to be appropriated, subject

to the limitations of this subsection, such sums as may be

necessary to carry out the provisions of this section, including

administrative costs thereof. Such sums are authorized to remain

available until expended.

(g) Restrictions on appropriations

No funds appropriated for the Office of Water Research and

Technology pursuant to the appropriation authorized by the Act of

July 11, 1969 (83 Stat. 45, Public Law 91-43), or prior

authorization Acts, shall be used to carry out the purposes of this

section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 219, as added Pub. L. 91-175, pt. I,

Sec. 104, Dec. 30, 1969, 83 Stat. 806.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 11, 1969, referred to in subsec. (g), is Pub. L.

91-43, July 11, 1969, 83 Stat. 45, which is not classified to the

Code.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-

CODIFICATION

In subsec. (c), "section 3324(a) and (b) of title 31" substituted

for reference to section 3648 of the Revised Statutes (31 U.S.C.

529) on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96

Stat. 1067, the first section of which enacted Title 31, Money and

Finance.

-CHANGE-

CHANGE OF NAME

Office of Water Research and Technology formed through merger of

Office of Saline Water and Office of Water Resources Research by

order of Secretary of the Interior, Ord. No. 2966, July 26, 1974.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 35 section 210.

-End-

-CITE-

22 USC Secs. 2180, 2180a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ii - american schools and hospitals abroad; prototype

desalting plants

-HEAD-

Secs. 2180, 2180a. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2180, Pub. L. 87-195, pt. I, Sec. 220, as added Pub. L.

91-175, pt. I, Sec. 104, Dec. 30, 1969, 83 Stat. 807, related to

programs for peaceful communications using television, etc., for

educational, health, etc., purposes.

Section 2180a, Pub. L. 87-195, pt. I, Sec. 220A, as added Pub. L.

92-226, pt. I, Sec. 102(c), Feb. 7, 1972, 86 Stat. 22, related to

assistance in the reopening of the Suez Canal.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC subpart iii - shelter and other credit guaranty

programs 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

SUBPART III - SHELTER AND OTHER CREDIT GUARANTY PROGRAMS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 2394-1 of this title.

-End-

-CITE-

22 USC Sec. 2181 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2181. Policy

-STATUTE-

The Congress recognizes that shelter, including essential urban

development services, is among the most fundamental of human needs.

Shelter for most people in the developing countries consists

largely of domestic materials assembled by local labor. While

recognizing that most financing for such shelter must come from

domestic resources, the Congress finds that carefully designed

programs involving United States capital and expertise can increase

the availability of domestic financing for improved shelter and

related services for low-income people by demonstrating to local

entrepreneurs and institutions that providing low-cost shelter can

be financially viable. The Congress reaffirms, therefore, that the

United States should continue to assist developing countries in

marshalling resources for low-cost shelter. Particular attention

should be given to programs which will support pilot projects for

low-cost shelter or which will have a maximum demonstration impact

on local institutions and national policy. The Congress declares

that the long run goal of all such programs should be to develop

domestic construction capabilities and to stimulate local credit

institutions to make available domestic capital and other

management and technological resources required for effective

low-cost shelter programs and policies.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 221, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 807; amended Pub. L. 92-226, pt.

I, Sec. 103(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 93-189, Sec.

5(1), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-559, Sec. 7(1), Dec.

30, 1974, 88 Stat. 1796; Pub. L. 94-161, title III, Sec. 311(3),

Dec. 20, 1975, 89 Stat. 861; Pub. L. 95-88, title I, Sec.

117(a)(1), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95-424, title I,

Sec. 115(a), Oct. 6, 1978, 92 Stat. 950; Pub. L. 98-473, title I,

Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884,

1903.)

-COD-

CODIFICATION

Amendment by Pub. L. 98-473 is based on section 311(a) of H.R.

5119, Ninety-eighth Congress, as passed by the House of

Representatives May 10, 1984, which was enacted into permanent law

by Pub. L. 98-473.

-MISC1-

PRIOR PROVISIONS

A prior section 221 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75

Stat. 429, as amended by Pub. L. 87-565, pt. I, Sec. 104(a), Aug.

1, 1962, 76 Stat. 256; Pub. L. 88-205, pt. I, Sec. 104(a), Dec. 16,

1963, 77 Stat. 381; Pub. L. 88-633, pt. I, Sec. 103(a), Oct. 7,

1964, 78 Stat. 1009; Pub. L. 89-171, pt. I, Sec. 104(a), (b), Sept.

6, 1965, 79 Stat. 654; Pub. L. 89-583, pt. I, Sec. 104(a), Sept.

19, 1966, 80 Stat. 798; Pub. L. 90-137, pt. I, Sec. 104(a), Nov.

14, 1967, 81 Stat. 450; Pub. L. 90-554, pt. I, Sec. 103, Oct. 8,

1968, 82 Stat. 960, related to general authority for foreign

investment guaranties by the President, prior to the general

reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,

Dec. 30, 1969, 83 Stat. 807.

AMENDMENTS

1984 - Pub. L. 98-473 substituted ", including essential urban

development services, is" for "requirements are" after "The

Congress recognizes that shelter" and, in the remainder of the

section substituted "shelter" for "housing" wherever appearing.

1978 - Pub. L. 95-424 generally revised the statement of policy

to clarify that in developing countries, financing, materials and

labor for most housing must be obtained from local sources, while

United States capital and technical expertise can increase the

availability of housing and related services for low-income people

by demonstrating financial viability of credit systems for low-cost

housing.

1977 - Pub. L. 95-88 struck out provisions that the total face

amount of guaranties issued under this section outstanding at any

one time not exceed $430,000,000 and added section 2182(c) of this

title to the enumeration of sections setting out the conditions

under which guaranties shall be issued.

1975 - Pub. L. 94-161 substituted "$430,000,000" for

"$355,000,000".

1974 - Pub. L. 93-559 substituted "$355,000,000" for

"$305,000,000".

1973 - Pub. L. 93-189 substituted "$305,000,000" for

"$205,000,000".

1972 - Pub. L. 92-226 substituted "$205,000,000" for

"$130,000,000".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

USE OF FUNDS FROM SALE OF NOTES FOR DISCHARGE OF LIABILITIES UNDER

GUARANTIES; TRANSFER OF FUNDS AND CANCELLATION OF NOTES AND

INTEREST

Pub. L. 90-249, title I, Sec. 120, Jan. 2, 1968, 81 Stat. 941,

provided that: "Hereafter, none of the funds obtained or authorized

to be obtained from the sale of notes under authority of paragraph

111(c)(2) of the Economic Cooperation Act of 1948 [section

1509(c)(2) of this title] or paragraph 413(b)(4)(F) of the Mutual

Security Act of 1954 [section 1933(b)(4)(F) of this title] may be

used for the purposes of discharging liabilities under any

guaranties (exclusive of informational media guaranties) issued

under sections 221(b) and 224 of the Foreign Assistance Act of 1961

[subsec. (b) of this section and section 2184 of this title],

sections 202(b) and 413(b)(4) of the Mutual Security Act of 1954

[sections 1872(b) and 1933(b)(4) of this title] and section

111(b)(3) of the Economic Cooperation Act of 1948 [section

1509(b)(3) of this title]. Any portion of the funds in the reserve

established pursuant to section 222(e) of the Foreign Assistance

Act of 1961 [section 2182(e) of this title] which are attributable

to the funds realized from the sale of notes specified in the

preceding sentence shall be transferred to the general fund of the

Treasury. The Secretary of the Treasury shall cancel all such notes

and sums owing and unpaid thereon, including interest to date of

cancellation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2182, 2186 of this title;

title 12 sections 1432, 1464.

-End-

-CITE-

22 USC Sec. 2182 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2182. Authorization for worldwide shelter guarantees

-STATUTE-

(a) Authorization to issue guarantees to eligible investors

To carry out the policy of section 2181 of this title, the

President is authorized to issue guaranties to eligible investors

(as defined in section 2198(c) of this title) assuring against

losses incurred in connection with loans made for projects meeting

the criteria set forth in section 2181 of this title. The total

principal amount of guaranties issued under this subpart or

heretofore issued under prior housing guaranty authorities, which

are outstanding at any one time, shall not exceed $2,558,000,000.

The authority of this section shall continue through September 30,

1992. The President may issue regulations from time to time with

regard to the terms and conditions upon which such guaranties shall

be issued and the eligibility of lenders.

(b) Emphasis on certain activities

Activities carried out under this section shall emphasize -

(1) projects which provide improved home sites to poor families

on which to build shelter, and related services;

(2) projects comprised of expandable core shelter units on

serviced sites;

(3) slum upgrading projects designed to conserve and improve

existing shelter;

(4) shelter projects for low-income people designed for

demonstration or institution building purposes; and

(5) community facilities and services in support of projects

authorized under this section to improve the shelter occupied by

the poor.

(c) Use of solar energy technology

In issuing guaranties under this section with respect to projects

in a country which require the use or conservation of energy, the

President shall give consideration to the use of solar energy

technologies, where such technologies are economically and

technically feasible. Technologies which may be used include solar

hot water systems, solar heating and cooling, passive solar

heating, biomass conversion, photovoltaic and wind applications,

and community-scale solar thermal applications.

(k) (!1) Minimum annual program levels

The total principal amount of guaranties issued under this

section for each of the fiscal years 1986 and 1987 shall be

comparable to the total principal amount of such guaranties issued

for fiscal year 1984, subject to the dollar limitations on the

issuance of guaranties under this section which are contained in

subsection (a) of this section and in appropriation Acts.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 222, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 807; amended Pub. L. 94-161,

title III, Sec. 311(4), Dec. 20, 1975, 89 Stat. 861; Pub. L. 95-88,

title I, Sec. 117(a)(2), Aug. 3, 1977, 91 Stat. 540; Pub. L.

95-424, title I, Sec. 115(a), Oct. 6, 1978, 92 Stat. 950; Pub. L.

96-53, title I, Sec. 112(a), Aug. 14, 1979, 93 Stat. 363; Pub. L.

97-113, title III, Sec. 310(a), Dec. 29, 1981, 95 Stat. 1535; Pub.

L. 98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct. 12,

1984, 98 Stat. 1884, 1903; Pub. L. 99-83, title III, Sec.

313(a)-(c), Aug. 8, 1985, 99 Stat. 216, 217; Pub. L. 100-202, Sec.

101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-131,

1329-142; Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1205;

Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 224; Pub. L.

101-513, title II, Nov. 5, 1990, 104 Stat. 1989.)

-COD-

CODIFICATION

Amendment by Pub. L. 98-473 is based on section 311(b) of H.R.

5119, Ninety-eighth Congress, as passed by the House of

Representatives May 10, 1984, which was enacted into permanent law

by Pub. L. 98-473.

-MISC1-

PRIOR PROVISIONS

A prior section 222 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75

Stat. 430, as amended by Pub. L. 87-565, pt. I, Sec. 104(b), Aug.

1, 1962, 76 Stat. 257; Pub. L. 88-205, pt. I, Sec. 104(b)-(f), Dec.

16, 1963, 77 Stat. 381, 382; Pub. L. 89-171, pt. I, Sec. 104(c),

Sept. 6, 1965, 79 Stat. 654; Pub. L. 89-583, pt. I, Sec. 104(b),

Sept. 19, 1966, 80 Stat. 798; Pub. L. 90-137, pt. I, Sec. 104(b),

Nov. 14, 1967, 81 Stat. 451, contained general provisions

concerning foreign investment guaranties, prior to the general

reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,

Dec. 30, 1969, 83 Stat. 807.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-513 substituted "1992" for

"1991".

Pub. L. 101-302 substituted "$2,558,000,000" for

"$2,158,000,000".

1989 - Subsec. (a). Pub. L. 101-167 substituted "1991" for

"1990".

1987 - Subsec. (a). Pub. L. 100-202 substituted "1990" for

"1988".

1985 - Subsec. (a). Pub. L. 99-83, Sec. 313(a), (b), substituted

"$2,158,000,000" for "$1,958,000,000" and "1988" for "1986".

Subsec. (k). Pub. L. 99-83, Sec. 313(c), added subsec. (k).

1984 - Subsec. (a). Pub. L. 98-473 substituted "$1,958,000,000"

for "$1,718,000,000" and "1986" for "1984".

1981 - Subsec. (a). Pub. L. 97-113 increased limitation on total

principal amount of outstanding guarantees to $1,718,000,000 from

$1,555,000,000 and extended termination date for exercise of

guarantee authority to Sept. 30, 1984, from Sept. 30, 1982.

1979 - Subsec. (a). Pub. L. 96-53 substituted "$1,555,000,000"

for "$1,180,000,000", and "through September 30, 1982" for "until

September 30, 1980".

1978 - Pub. L. 95-424 amended section generally to provide a new

consolidated section which provides a single authorization for the

worldwide housing guarantee program, a new list of the types of

programs to be emphasized, increased the worldwide authorization to

$1,180,000,000, and encourages officials and governments in

developing countries to consider the use of solar energy in housing

projects.

1977 - Subsec. (c). Pub. L. 95-88 inserted "or under section 2181

of this title" after "Latin American housing guaranty authority

repealed by the Foreign Assistance Act of 1969" and substituted

"$1,030,000,000" for "$600,000,000".

1975 - Subsec. (c). Pub. L. 94-161 substituted "$600,000,000" for

"$550,000,000".

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 section 2151-1 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2181, 2183, 2186 of this

title.

-FOOTNOTE-

(!1) So in original. No subsecs. (d) to (j) have been enacted.

-End-

-CITE-

22 USC Sec. 2182a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2182a. Agricultural and productive credit and self-help

community development programs

-STATUTE-

(a) Financing pilot programs; scope

It is the sense of the Congress that in order to stimulate the

participation of the private sector in the economic development of

less-developed countries, the authority conferred by this section

should be used to establish pilot programs to encourage private

banks, credit institutions, similar private lending organizations,

cooperatives, and private nonprofit development organizations to

make loans on reasonable terms to organized groups and individuals

residing in a community for the purpose of enabling such groups and

individuals to carry out agricultural credit and self-help

community development projects for which they are unable to obtain

financial assistance on reasonable terms. Agricultural credit and

assistance for self-help community development projects should

include, but not be limited to, material and such projects as

wells, pumps, farm machinery, improved seed, fertilizer,

pesticides, vocational training, food industry development,

nutrition projects, improved breeding stock for farm animals,

sanitation facilities, and looms and other handicraft aids.

(b) Guaranties; percentage limitation

To carry out the purposes of subsection (a) of this section, the

agency primarily responsible for administering subchapter I of this

chapter is authorized to issue guaranties, on such terms and

conditions as it shall determine, to private lending institutions,

cooperatives, and private nonprofit development organizations

assuring against loss of not to exceed 50 per centum of the

portfolio of such loans made by any lender to organized groups or

individuals residing in a community to enable such groups or

individuals to carry out agricultural credit and self-help

community development projects for which they are unable to obtain

financial assistance on reasonable terms. In no event shall the

liability of the United States exceed 75 per centum of any one

loan.

(c) Total and individual amount of guaranties

The total face amount of guaranties issued under this section

outstanding at any one time shall not exceed $20,000,000. Not more

than 10 per centum of such sum shall be provided for any one

institution, cooperative, or organization.

(d) Inter-American Foundation consultations

The Inter-American Foundation shall be consulted in developing

criteria for making loans eligible for guaranty coverage in Latin

America under this section.

(e) Guaranty reserve

Not to exceed $3,000,000 of the guaranty reserve established

under section 2183(b) of this title shall be available to make such

payments as may be necessary to discharge liabilities under

guaranties issued under this section or any guaranties previously

issued under section 2200 of this title.

(f) Administrative and operating expenses; funds

Funds held by the Overseas Private Investment Corporation

pursuant to section 2196 of this title may be available for meeting

necessary administrative and operating expenses for carrying out

the provisions of this section through June 30, 1976.

(g) Transfer of Overseas Private Investment Corporation's

obligations and assets

The Overseas Private Investment Corporation shall, upon enactment

of this subsection, transfer to the agency primarily responsible

for administering subchapter I of this chapter all obligations,

assets, and related rights and responsibilities arising out of, or

related to the predecessor program provided for in section 2200 of

this title.

(h) Termination of authority

The authority of this section shall continue through September

30, 1988.

(i) Excess foreign currencies; use

Notwithstanding the limitation in subsection (c) of this section,

foreign currencies owned by the United States and determined by the

Secretary of the Treasury to be excess to the needs of the United

States may be utilized to carry out the purposes of this section,

including the discharge of liabilities under this subsection. The

authority conferred by this subsection shall be in addition to

authority conferred by any other provision of law to implement

guaranty programs utilizing excess local currency.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 222A, as added Pub. L. 93-559, Sec.

8(a)(2), Dec. 30, 1974, 88 Stat. 1796; amended Pub. L. 95-88, title

I, Sec. 117(b)(1), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95-424,

title I, Sec. 115(b), title V, Sec. 502(d)(1), Oct. 6, 1978, 92

Stat. 951, 959; Pub. L. 96-53, title I, Sec. 112(b), Aug. 14, 1979,

93 Stat. 364; Pub. L. 97-438, Jan. 8, 1983, 96 Stat. 2286; Pub. L.

98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984,

98 Stat. 1884, 1903; Pub. L. 99-83, title III, Sec. 313(d), Aug. 8,

1985, 99 Stat. 217; Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title

V, Sec. 586(h)(3)], Nov. 29, 1999, 113 Stat. 1535, 1501A-120.)

-STATAMEND-

REPEAL OF SUBSECTION (D)

For repeal of subsection (d) of this section by Pub. L. 106-113,

div. B, Sec. 1000(a)(2) [title V, Sec. 586(h)(3), (j)], Nov. 29,

1999, 113 Stat. 1535, 1501A-120, see Abolition of the

Inter-American Foundation note set out under section 290f of this

title.

-REFTEXT-

REFERENCES IN TEXT

Section 2200 of this title, referred to in subsecs. (e) and (g),

was in the original a reference to section 240 of this Act, meaning

section 240 of Pub. L. 87-195, as added by section 105 of Pub. L.

91-175, which was repealed by section 8(b) of Pub. L. 93-559, and

was replaced by this section. Another section 240 of Pub. L.

87-195, as added by section 9 of Pub. L. 95-268, was enacted Apr.

24, 1978, and is classified to section 2200 of this title.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-

CODIFICATION

Amendment by Pub. L. 98-473 is based on section 312 of H.R. 5119,

Ninety-eighth Congress, as passed by the House of Representatives

May 10, 1984, which was enacted into permanent law by Pub. L.

98-473.

-MISC2-

AMENDMENTS

1985 - Subsec. (h). Pub. L. 99-83 substituted "1988" for "1986".

1984 - Subsec. (a). Pub. L. 98-473 struck out "in Latin America,"

after "economic development of less-developed countries" and "in

not more than six Latin American countries" after "establish pilot

programs".

Subsec. (b). Pub. L. 98-473 struck out "in not more than five

Latin American countries" after "nonprofit development

organizations".

Subsec. (h). Pub. L. 98-473 substituted "1986" for "1983".

1983 - Subsec. (h). Pub. L. 97-438 substituted "1983" for "1982".

1979 - Subsec. (a). Pub. L. 96-53, Sec. 112(b)(1), substituted

"six" for "five".

Subsec. (c). Pub. L. 96-53, Sec. 112(b)(2), substituted

"$20,000,000" for "$15,000,000".

Subsec. (h). Pub. L. 96-53, Sec. 112(b)(3), substituted "through

September 30, 1982" for "until September 30, 1979".

1978 - Subsec. (h). Pub. L. 95-424, Sec. 115(b), substituted

"September 30, 1979" for "September 30, 1978".

Subsec. (j). Pub. L. 95-424, Sec. 502(d)(1), struck out subsec.

(j) relating to a Presidential report to Congress on the results of

the program established under this section.

1977 - Subsec. (h). Pub. L. 95-88 substituted "September 30,

1978" for "December 31, 1977".

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 section 2151-1 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2183 of this title.

-End-

-CITE-

22 USC Sec. 2183 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2183. General provisions

-STATUTE-

(a) Fees; determination by President; reduction

A fee shall be charged for each guaranty issued under section

2182 or 2182a of this title in an amount to be determined by the

President. In the event the fee to be charged for such type of

guaranty is reduced, fees to be paid under existing contracts for

the same type of guaranty may be similarly reduced.

(b) Accumulated and existing fees; expenditure of fees; revolving

fund account; investments; use of investment income

The amount of $50,000,000 of fees accumulated under prior

investment guaranty provisions repealed by the Foreign Assistance

Act of 1969, together with all fees collected in connection with

guaranties issued under section 2182 of this title or under prior

housing guaranty authorities, shall be available for meeting

necessary administrative and operating expenses of carrying out the

provisions of section 2182 of this title and administering housing

guaranties heretofore authorized under this subpart and under prior

housing guaranty provisions repealed by the Foreign Assistance Act

of 1969 (including, but not limited to expenses pertaining to

personnel, supplies, and printing), subject to such limitations as

may be imposed in annual appropriation Acts; for meeting management

and custodial costs incurred with respect to currencies or other

assets acquired under guaranties made pursuant to section 2182 of

this title or heretofore pursuant to this subpart or prior Latin

American and other housing guaranty authorities repealed by the

Foreign Assistance Act of 1969; and to pay the cost of

investigating and adjusting (including costs of arbitration) claims

under such guaranties; and shall be available for expenditure in

discharge of liabilities under such guaranties until such time as

all such property has been disposed of and all such liabilities

have been discharged or have expired, or until all such fees have

been expended in accordance with the provisions of this subsection.

Fees collected in connection with guaranties issued under section

2182a of this title shall likewise be available to meet similar

expenses, costs, or liabilities incurred in connection with the

programs authorized by that section. All of the foregoing fees

referred to in this section together with earnings thereon and

other income arising from guaranty operations under this subpart

shall be held in a revolving fund account maintained in the

Treasury of the United States. All funds in such account may be

invested in obligations of the United States. Any interest or other

receipts derived from such investments shall be credited to such

account and may be used for the purposes cited in this section.

(c) Priorities of funds for guaranty payments

Any payments made to discharge liabilities under guaranties

issued under section 2182 of this title or heretofore under this

subpart or under prior Latin American or other housing guaranty

authorities repealed by the Foreign Assistance Act of 1969, shall

be paid first out of fees referred to in subsection (b) of this

section (excluding amounts required for purposes other than the

discharge of liabilities under guaranties) as long as such fees are

available, and thereafter shall be paid out of funds, if any,

realized from the sale of currencies or other assets acquired in

connection with any payment made to discharge liabilities under

such guaranties as long as funds are available, and finally out of

funds hereafter made available pursuant to subsection (e) of this

section.

(d) Guaranties as obligations backed by full faith and credit of

United States

All guaranties issued under section 2182 or 2182a, or previously

under section 2200 of this title or heretofore under this subpart

or under prior Latin American or other housing guaranty authority

repealed by the Foreign Assistance Act of 1969 shall constitute

obligations, in accordance with the terms of such guaranties, of

the United States of America and the full faith and credit of the

United States of America is hereby pledged for the full payment and

performance of such obligations.

(e) Authorization of appropriations; borrowing authority

(1) There is hereby authorized to be appropriated to the

President such amounts, to remain available until expended, as may

be necessary from time to time to carry out the purposes of this

subpart.

(2)(A) In order to meet obligations incurred for the payment of

claims pursuant to loan guaranties described in subsection (d) of

this section, the Administrator of the agency primarily responsible

for administering subchapter I of this chapter may, to the extent

that reserves are not sufficient, borrow from time to time from the

Treasury, except that -

(i) the Administrator may exercise the authority to borrow

under this paragraph only to such extent or in such amounts as

are provided in advance in appropriation Acts; and

(ii) the amount borrowed under this paragraph which is

outstanding at any one time may not exceed $100,000,000.

(B) Any such borrowing shall bear interest at a rate determined

by the Secretary of the Treasury, taking into account the current

average market yield on outstanding marketable obligations of the

United States of comparable maturities. The Secretary of the

Treasury shall make loans under this paragraph and for such purpose

may borrow on the credit of the United States in accordance with

subchapter I of chapter 31 of title 31.

(f) Agency determination of maximum rate of interest

In the case of any loan investment guaranteed under section 2182

of this title, the agency primarily responsible for administering

subchapter I of this chapter shall prescribe the maximum rate of

interest allowable to the eligible investor, which maximum rate

shall not exceed by more than 1 per centum the then current rate of

interest applicable to housing mortgages insured by the Department

of Housing and Urban Development. The maximum allowable rate of

interest under this subsection shall be prescribed by the agency as

of the date the project covered by the investment is officially

authorized and, prior to the execution of the contract, the agency

may amend such rate at its discretion, consistent with the

provisions of this subsection.

(g) Guaranties under prior acts

Housing guaranties committed, authorized, or outstanding

heretofore under this subpart or under prior housing guaranty

authorities repealed by the Foreign Assistance Act of 1969 shall

continue subject to provisions of law originally applicable thereto

and fees collected hereafter with respect to such guaranties shall

be available for the purposes specified in subsection (b) of this

section.

(h) Fraud or misrepresentation

No payment may be made under any guaranty issued pursuant to this

subpart for any loss arising out of fraud or misrepresentation for

which the party seeking payment is responsible.

(i) Repealed. Pub. L. 95-424, title I, Sec. 115(i), Oct. 6, 1978,

92 Stat. 952

(j) Guaranties for housing projects; percentage requirement for

families with income below median income

Guaranties shall be issued under section 2182 of this title only

for housing projects which are coordinated with and complementary

to any development assistance being furnished under part I of this

subchapter and which are specifically designed to demonstrate the

feasibility and suitability of particular kinds of housing or of

financial or other institutional arrangements. Of the aggregate

face value of housing guaranties hereafter issued under this

subpart, not less than 90 per centum shall be issued for housing

suitable for families with income below the median income (below

the median urban income for housing in urban areas) in the country

in which the housing is located.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 223, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 808; amended Pub. L. 92-226, pt.

I, Sec. 103(b) Feb. 7, 1972, 86 Stat. 22; Pub. L. 93-189, Sec.

5(2), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-559, Secs. 7(2),

8(a)(3)-(5), Dec. 30, 1974, 88 Stat. 1796, 1797; Pub. L. 94-161,

title III, Sec. 311(5), Dec. 20, 1975, 89 Stat. 861; Pub. L.

94-329, title IV, Sec. 414, June 30, 1976, 90 Stat. 761; Pub. L.

95-88, title I, Sec. 117(a)(3), (b)(2), (c), Aug. 3, 1977, 91 Stat.

540; Pub. L. 95-424, title I, Sec. 115(c)-(j), Oct. 6, 1978, 92

Stat. 951, 952; Pub. L. 96-53, title I, Sec. 112(c), (d), Aug. 14,

1979, 93 Stat. 364; Pub. L. 97-113, title III, Sec. 310(b), Dec.

29, 1981, 95 Stat. 1535; Pub. L. 98-473, title I, Sec. 101(1)

[title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L.

100-202, Sec. 101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat.

1329-131, 1329-142; Pub. L. 105-277, div. A, Sec. 101(d) [title

II], Oct. 21, 1998, 112 Stat. 2681-150, 2681-157.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1969, referred to in subsecs. (b),

(c), (d), and (g), is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805,

as amended. For complete classification of this Act to the Code,

see Short Title note set out under section 2151 of this title and

Tables. The guaranty authorities repealed by the 1969 Act were the

guaranty authorities contained in sections 2181 to 2184 prior to

the general reorganization of this subpart by the 1969 Act.

Section 2200 of this title, referred to in subsec. (d), was in

the original a reference to section 240 of this Act, meaning

section 240 of Pub. L. 87-195, as added by section 105 of Pub. L.

91-175, which was repealed by section 8(b) of Pub. L. 93-559, and

was replaced by section 2182a of this title. Another section 240 of

Pub. L. 87-195, as added by section 9 of Pub. L. 95-268, was

enacted Apr. 24, 1978, and is classified to section 2200 of this

title.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of this subchapter are deemed to include a

reference to section 2293 of this title. See section 2293(d)(1) of

this title.

-COD-

CODIFICATION

Amendment by Pub. L. 98-473 is based on section 311(c) of H.R.

5119, Ninety-eighth Congress, as passed by the House of

Representatives May 10, 1984, which was enacted into permanent law

by Pub. L. 98-473.

-MISC2-

PRIOR PROVISIONS

A prior section 223 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75

Stat. 431, as amended by Pub. L. 89-171, pt. I, Sec. 104(d), Sept.

6, 1965, 79 Stat. 654; Pub. L. 90-137, pt. I, Sec. 104(c), Nov. 4,

1967, 81 Stat. 451, contained definitions, prior to the general

reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,

Dec. 30, 1969, 83 Stat. 807.

AMENDMENTS

1998 - Subsec. (j). Pub. L. 105-277 struck out at end "The face

value of guaranties issued with respect to housing in any country

shall not exceed $25,000,000 in any fiscal year, and the average

face value of guaranties issued in any fiscal year shall not exceed

$15,000,000. Of the total amount of housing guaranties authorized

to be issued under section 2182 of this title through September 30,

1982, not less than a face amount of $25,000,000 shall be issued

for projects in Israel and not less than a face amount of

$25,000,000 shall be issued for projects in Egypt."

1987 - Subsec. (e)(2)(A)(ii). Pub. L. 100-202 substituted

"$100,000,000" for "$40,000,000".

1984 - Subsec. (e). Pub. L. 98-473 designated existing provisions

as par. (1) and added par. (2).

1981 - Subsec. (b). Pub. L. 97-113 provided for maintenance of a

revolving fund account in the Treasury consisting of fees, earnings

from fees, and income from guaranty operations and authorized

investment of account funds in obligations of the United States and

use of investment income.

1979 - Subsec. (f). Pub. L. 96-53, Sec. 112(c), substituted "the

Department of Housing and Urban Development" for "such Department",

and struck out provisions setting forth minimum rate of interest as

not less than one-half of one per centum above the then current

rate on mortgages insured by the Department of Housing and Urban

Development.

Subsec. (j). Pub. L. 96-53, Sec. 112(d), struck out requirement

that except for regional projects, guarantees for housing projects

be granted to countries receiving or which have received in the two

previous years assistance under part I of this subchapter and

substituted provisions authorizing face amounts of housing

guarantees through September 30, 1982 of not less than $25,000,000

for Israel and Egypt for provisions authorizing face amounts of

housing guarantees until September 30, 1978 of an amount not to

exceed $75,000,000 in Israel and $30,000,000 in Portugal and

Lebanon.

1978 - Subsec. (a). Pub. L. 95-424, Sec. 115(c), substituted

"section 2182 or 2182a" for "section 2181, 2182, or 2182a".

Subsec. (b). Pub. L. 95-424, Sec. 115(d), struck out "2181 or"

after "guarantees issued under section"; substituted "section 2182

of this title and administering housing guaranties heretofore

authorized under this subpart and under" for "section 2181 and

section 2182 of this title and of"; struck out "2181 or" after

"made pursuant to section", and inserted "this subpart" after

"heretofore pursuant to".

Subsec. (c). Pub. L. 95-424, Sec. 115(e), struck out "section

2181 or" after "guaranties issued under", and inserted "under this

subpart or" after "heretofore".

Subsec. (d). Pub. L. 95-424, Sec. 115(f), substituted "section

2182 or 2182a" for "section 2181, 2182, 2182a", and inserted "under

this subpart" after "heretofore".

Subsec. (f). Pub. L. 95-424, Sec. 115(g), substituted "section

2182" for "section 2181 or 2182".

Subsec. (g). Pub. L. 95-424, Sec. 115(h), inserted "heretofore

under this subpart" after "outstanding".

Subsec. (i). Pub. L. 95-424, Sec. 115(i), struck out subsec. (i)

directing that the authority of sections 2181 and 2182 of this

title shall continue until Sept. 30, 1979.

Subsec. (j). Pub. L. 95-424, Sec. 115(j), substituted "section

2182" for "sections 2181 and 2182".

1977 - Subsec. (b). Pub. L. 95-88, Sec. 117(b)(2), substituted

"together with all fees collected in connection with guaranties

issued under section 2181 or 2182 of this title or under prior

housing guaranty authorities" for "together with all fees collected

in connection with guaranties issued hereunder" and inserted

provision that fees collected in connection with guaranties issued

under section 2182a of this title shall likewise be available to

meet similar expenses, costs, or liabilities incurred in connection

with the programs authorized by that section.

Subsec. (i). Pub. L. 95-88, Sec. 117(a)(3), substituted

"September 30, 1979" for "September 30, 1978".

Subsec. (j). Pub. L. 95-88, Sec. 117(c), substituted "September

30, 1978" for "September 30, 1977", "$75,000,000" for "$50,000,000"

in provisions relating to housing guaranties in Israel,

"$30,000,000" for "$20,000,000" in provisions relating to housing

guaranties in Portugal, and "$30,000,000" for "$15,000,000" in

provisions relating to housing guaranties in Lebanon.

1976 - Subsec. (j). Pub. L. 94-329 authorized President to issue

housing guaranties until September 30, 1977, in Lebanon, not

exceeding a face amount of $15,000,000.

1975 - Subsec. (i). Pub. L. 94-161, Sec. 311(5)(A), substituted

"September 30, 1978" for "June 30, 1976".

Subsec. (j). Pub. L. 94-161, Sec. 311(5)(B), added subsec. (j).

1974 - Subsec. (a). Pub. L. 93-559, Sec. 8(a)(3), inserted

reference to section 2182a of this title.

Subsec. (b). Pub. L. 93-559, Sec. 8(a)(4), substituted in first

sentence "section 2181 and section 2182 of this title" for "this

subpart".

Subsec. (d). Pub. L. 93-559, Sec. 8(a)(5), substituted "section

2181, 2182, 2182a, or previously under section 2200 of this title"

for "section 2181 or section 2182 of this title".

Subsec. (i). Pub. L. 93-559, Sec. 7(2), substituted "June 30,

1976" for "June 30, 1975".

1973 - Subsec. (i). Pub. L. 93-189 substituted "June 30, 1975"

for "June 30, 1974".

1972 - Subsec. (i). Pub. L. 92-226 substituted "June 30, 1974"

for "June 30, 1972".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 311(d) of H.R. 5119, as passed by the House of

Representatives on May 10, 1984, and enacted into permanent law by

section 101(1) [title V, Sec. 541(a)] of Pub. L. 98-473 provided

that: "The amendment made by subsection (c) of this section

[amending this section] shall take effect on the date of enactment

of this Act [Oct. 12, 1984]."

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2182a, 2186, 2195 of this

title.

-End-

-CITE-

22 USC Sec. 2184 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2184. Trade credit insurance program for Central America

-STATUTE-

(a) Guarantees to Export-Import Bank; financial transactions with

private sector in Central American countries

In order to enable the Export-Import Bank of the United States

(hereafter in this section referred to as the "Bank") to determine

that there exists reasonable assurance of repayment as required

under section 2(b)(1)(B) of the Export-Import Bank Act of 1945 [12

U.S.C. 635(b)(1)(B)], the agency primarily responsible for

administering subchapter I of this chapter (hereafter in this

section referred to as the "Agency") is authorized to provide

guarantees to the Bank for liabilities to be incurred by the Bank

in connection with guarantees or insurance provided under the

Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] for

financing for transactions involving the export of goods and

services for the use of the private sector in Central American

countries.

(b) Extent of guarantees; agreements; reserve fund

(1) Guarantees provided by the Agency pursuant to the authority

of subsection (a) of this section shall be for short-term

guarantees and insurance extended by the Bank which shall be

repayable within a period not to exceed one year from the date of

arrival at the port of importation of the goods and services

covered by such guarantees or insurance. Guarantees or insurance

extended by the Bank and guaranteed by the Agency pursuant to

subsection (a) of this section shall be provided by the Bank in

accordance with criteria and procedures agreed to by the Agency and

the Bank. Such agreement shall also provide for the establishment

of a reserve fund by the Agency, with such funds made available to

the reserve as the Agency deems necessary to discharge liabilities

under guarantees provided by the Agency pursuant to subsection (a)

of this section.

(2) The Administrator of such agency shall transmit a copy of

such agreement to the Speaker of the House of Representatives and

to the Committee on Foreign Relations and the Committee on Banking,

Housing, and Urban Affairs of the Senate.

(c) Deadline for guarantee commitments

The Agency shall not enter into any commitments to guarantee

under subsection (a) of this section after September 30, 1991.

(d) Availability of appropriated funds

Of the funds authorized to be appropriated for part IV of

subchapter II of this chapter, there are authorized to be made

available such sums as may be deemed necessary by the Agency to

discharge liabilities under guarantees entered into under

subsection (a) of this section.

(e) Guarantee commitments limit

Commitments to guarantee under subsection (a) of this section are

authorized only to the extent and in the amounts provided in

appropriations Acts, except that the aggregate amount of

outstanding commitments under subsection (a) of this section may

not exceed $300,000,000 of contingent liability for loan principal

during fiscal year 1986 and may not exceed $400,000,000 of

contingent liability for loan principal during fiscal year 1987.

(f) Credits to reserve fund

To the extent that any of the funds made available pursuant to

subsection (d) of this section are paid out for a claim arising out

of liabilities guaranteed under subsection (a) of this section,

amounts received after the date of such payment, with respect to

such claim, shall be credited to the reserve fund referred to in

subsection (b) of this section, shall be merged with the funds in

such reserve, and shall be available for the purpose of payments by

the Agency to the Bank for guarantees under subsection (a) of this

section.

(g) Omitted

(h) Administrative and technical assistance

The Export-Import Bank shall provide without reimbursement such

administrative and technical assistance to the Agency as the Bank

and the Agency deem appropriate to assist the Agency in carrying

out this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 224, as added Pub. L. 98-473, title I,

Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884,

1903; amended Pub. L. 99-83, title III, Sec. 314, Aug. 8, 1985, 99

Stat. 217; Pub. L. 101-167, title IV, Nov. 21, 1989, 103 Stat.

1216; Pub. L. 101-179, title III, Sec. 304(b), Nov. 28, 1989, 103

Stat. 1313; Pub. L. 101-513, title IV, Nov. 5, 1990, 104 Stat.

2001.)

-REFTEXT-

REFERENCES IN TEXT

The Export-Import Bank Act of 1945, referred to in subsec. (a),

is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is

classified generally to subchapter I (Sec. 635 et seq.) of chapter

6A of Title 12, Banks and Banking. For complete classification of

the Act to the Code, see Short Title note set out under section 635

of Title 12 and Tables.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-

CODIFICATION

Subsec. (g) of this section, which required, at intervals of six

months, the administrator of the agency primarily responsible for

administering subchapter I of this chapter and the President of the

Export-Import Bank of the United States to prepare and transmit to

the Speaker of the House of Representatives and the Chairman of the

Committee on Foreign Relations of the Senate a report on the amount

and extension of credits during the preceding six-month period,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 148 of House Document

No. 103-7.

Section 224 of Pub. L. 87-195 is based on section 1011 of title X

of H.R. 5119, Ninety-eighth Congress, as passed by the House of

Representatives May 10, 1984, and enacted into law by Pub. L.

98-473.

-MISC2-

PRIOR PROVISIONS

A prior section 224 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75

Stat. 432, as amended by Pub. L. 87-565, pt. I, Sec. 104(c), Aug.

1, 1962, 76 Stat. 257; Pub. L. 88-205, pt. I, Sec. 104(g), Dec. 16,

1963, 77 Stat. 382; Pub. L. 88-633, pt. I, Sec. 103(b), Oct. 7,

1964, 78 Stat. 1010; Pub. L. 89-171, pt. I, Sec. 104(e), Sept. 6,

1965, 79 Stat. 655; Pub. L. 89-583, pt. I, Sec. 104(c), Sept. 19,

1966, 80 Stat. 798; Pub. L. 90-137, pt. I, Sec. 104(d), Nov. 14,

1967, 81 Stat. 451; Pub. L. 90-554, pt. I, Sec. 104, Oct. 8, 1968,

82 Stat. 961, related to housing projects in Latin America, prior

to the general reorganization of this subpart by Pub. L. 91-175,

pt. I, Sec. 105, Dec. 30, 1969, 83 Stat. 807. See section 2182 of

this title.

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-513 substituted "1991" for

"1990".

1989 - Pub. L. 101-179 inserted "for Central America" after

"program" in section catchline.

Subsec. (c). Pub. L. 101-167 substituted "1990" for "1989".

1985 - Subsec. (e). Pub. L. 99-83 substituted "except that the

aggregate amount of outstanding commitments under subsection (a) of

this section may not exceed $300,000,000 of contingent liability

for loan principal during fiscal year 1986 and may not exceed

$400,000,000 of contingent liability for loan principal during

fiscal year 1987" for "not to exceed $300,000,000 in the fiscal

year 1985".

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 section 2151-1 of

this title.

-End-

-CITE-

22 USC Sec. 2185 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2185. Trade credit insurance program for Poland

-STATUTE-

(a) General authority

(1) Assurance to Export-Import Bank of repayment

The President is authorized to provide guarantees to the Bank

for liabilities described in paragraph (2) in order to satisfy

the requirement of section 2(b)(1)(B) of the Export-Import Bank

Act of 1945 (12 U.S.C. 635(b)(1)(B)) that the Bank have (!1)

reasonable assurance of repayment.

(2) Liabilities which may be guaranteed

The liabilities that may be guaranteed under paragraph (1) are

liabilities incurred by the Bank in connection with guarantees or

insurance provided under the Export-Import Bank Act of 1945 [12

U.S.C. 635 et seq.] for financing for transactions involving the

export of goods and services for the use of the private sector in

Poland.

(b) Guarantees available only for short-term guarantees and

insurance

Guarantees provided under subsection (a) of this section shall be

for short-term guarantees and insurance extended by the Bank which

shall be repayable within a period not to exceed one year from the

date of arrival at the port of importation of the goods and

services covered by such guarantees or insurance.

(c) Agreement on criteria and procedures

Guarantees or insurance extended by the Bank and guaranteed

pursuant to subsection (a) of this section shall be provided by the

Bank in accordance with criteria and procedures agreed to by the

Administrator and the Bank.

(d) Reserve fund

The agreement referred to in subsection (c) of this section shall

also provide for the establishment of a reserve fund by the

administering agency, with such funds made available to the reserve

as the Administrator deems necessary to discharge liabilities under

guarantees provided under subsection (a) of this section.

(e) Discharge of liabilities

(1) Funds which may be used

Such amounts of the funds made available to carry out part IV

of subchapter II of this chapter (relating to the economic

support fund) as the President determines are necessary may be

made available to discharge liabilities under guarantees entered

into under subsection (a) of this section.

(2) Crediting of subsequent payments

To the extent that any of the funds made available pursuant to

paragraph (1) are paid out for a claim arising out of liabilities

guaranteed under subsection (a) of this section, amounts received

after the date of such payment, with respect to such claim, shall

be credited to the reserve fund established pursuant to

subsection (d) of this section, shall be merged with the funds in

such reserve, and shall be available for the purpose of payments

by the Administrator to the Bank for guarantees under subsection

(a) of this section.

(f) Appropriations action required

Commitments to guarantee under subsection (a) of this section are

authorized only to the extent and in the amounts provided in

advance in appropriations Acts.

(g) Limitation on outstanding commitments

The aggregate amount of outstanding commitments under subsection

(a) of this section may not exceed $200,000,000 of contingent

liability for loan principal during any fiscal year.

(h) Omitted

(i) Administrative and technical assistance

The Bank shall provide, without reimbursement, such

administrative and technical assistance to the administering agency

as the Bank and the Administrator determine appropriate to assist

the administering agency in carrying out this section.

(j) Fees and premiums

The Bank is authorized to charge fees and premiums, in connection

with guarantees or insurance guaranteed by the administering agency

under subsection (a) of this section, that are commensurate (in the

judgment of the Bank) with the Bank's administrative costs and the

risks covered by the agency's guarantees. Any amounts received by

the Bank in excess of the estimated costs incurred by the Bank in

administering such guarantees or insurance -

(1) shall be credited to the reserve fund established pursuant

to subsection (d) of this section,

(2) shall be merged with the funds in such reserve, and

(3) shall be available for the purpose of payments by the

administering agency to the Bank for guarantees under subsection

(a) of this section.

(k) Restrictions not applicable

Prohibitions on the use of foreign assistance funds for

assistance for Poland shall not apply with respect to the funds

made available to carry out this section.

(g742l) Expiration of authority

The President may not enter into any commitments to guarantee

under subsection (a) of this section after September 30, 1992.

(m) Definitions

For purposes of this section -

(1) the term "administering agency" means the Agency for

International Development;

(2) the term "Administrator" means the Administrator of the

Agency for International Development; and

(3) the term "Bank" means the Export-Import Bank of the United

States.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 225, as added Pub. L. 101-179, title

III, Sec. 304(a), Nov. 28, 1989, 103 Stat. 1312.)

-REFTEXT-

REFERENCES IN TEXT

The Export-Import Bank Act of 1945, referred to in subsec.

(a)(2), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,

which is classified generally to subchapter I (Sec. 635 et seq.) of

chapter 6A of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 635 of Title 12 and Tables.

-COD-

CODIFICATION

Subsec. (h) of this section, which required the Administrator and

the President of the Bank, every 6 months, to prepare and transmit

to the Speaker of the House of Representatives and the Chairman of

the Committee on Foreign Relations of the Senate a report on the

amount and extension of guarantees and insurance provided by the

Bank and guaranteed under this section during the preceding 6-month

period, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, page 148 of House

Document No. 103-7.

-TRANS-

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.

-MISC1-

CONFORMING REFERENCE

Section 304(c) of Pub. L. 101-179 provided that: "With respect to

Poland, any reference in the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1990 [Pub. L. 101-167,

Nov. 21, 1989, 103 Stat. 1195], to section 224 of the Foreign

Assistance Act of 1961 [22 U.S.C. 2184] shall be deemed to be a

reference to section 225 of that Act [22 U.S.C. 2185] (as enacted

by this section)."

-FOOTNOTE-

(!1) So in original. Probably should be "has".

-End-

-CITE-

22 USC Sec. 2186 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart iii - shelter and other credit guaranty programs

-HEAD-

Sec. 2186. Loan guarantees to Israel program

-STATUTE-

(a) In general

Subject to the terms and conditions of this section, during the

period beginning October 1, 1992, and ending September 30, 1997,

the President is authorized to issue guarantees against losses

incurred in connection with loans to Israel made as a result of

Israel's extraordinary humanitarian effort to resettle and absorb

immigrants into Israel from the republics of the former Soviet

Union, Ethiopia and other countries. In the event that less than

the full amount authorized to be issued under subsection (b) of

this section is issued in such period, the authority to issue the

balance of such guarantees shall be available in the fiscal year

ending on September 30, 1998.

(b) Fiscal year levels

The President is authorized to issue guarantees in furtherance of

the purposes of this section. Subject to subsection (d) of this

section, the total principal amount of guarantees which may be

issued by the President under this section shall be up to

$10,000,000,000 which may be issued as follows:

(1) in fiscal year 1993, up to $2,000,000,000 may be issued on

October 1, 1992 or thereafter;

(2) subject to subsection (d) of this section, in fiscal years

1994 through 1997, up to $2,000,000,000 in each fiscal year may

be issued on October 1 or thereafter.

(3) If less than the full amount of guarantees authorized to be

made available in a fiscal year pursuant to paragraphs (1) and

(2) of this subsection is issued to Israel during that fiscal

year, the authority to issue the balance of such guarantees shall

extend to any subsequent fiscal year ending on or before

September 30, 1998.

(4)(A) Not later than September 1 of each year during the

period in which the President is authorized to issue loan

guarantees under subsection (a) of this section, beginning in

fiscal year 1993, the President shall notify the appropriate

congressional committees in writing of his intentions regarding

the exercise of that authority for the fiscal year beginning on

October 1 of that year, including a statement of the total

principal amount of guarantees, if any, that the President

proposes to issue for that fiscal year.

(B) For purposes of this paragraph, the term "appropriate

congressional committees" means the Committee on Appropriations

and the Committee on Foreign Relations of the Senate and the

Committee on Appropriations and the Committee on Foreign Affairs

of the House of Representatives.

(c) Use of guarantees

Guarantees may be issued under this section only to support

activities in the geographic areas which were subject to the

administration of the Government of Israel before June 5, 1967.

(d) Limitation on guarantee amount

The amount of authorized but unissued guarantees that the

President is authorized to issue as specified in subsection (b) of

this section shall be reduced by an amount equal to the amount

extended or estimated to have been extended by the Government of

Israel during the previous year for activities which the President

determines are inconsistent with the objectives of this section or

understandings reached between the United States Government and the

Government of Israel regarding the implementation of the loan

program. The President shall submit a report to Congress no later

than September 30 of each fiscal year during the pendency of the

program specifying the amount calculated under this subsection and

that will be deducted from the amount of guarantees authorized to

be issued in the next fiscal year.

(e) Fees

(1) Fees charged for the loan guarantee program under this

section each year shall be an aggregate annual origination fee

equal to the estimated subsidy cost of the guarantees issued under

this section for that year, calculated by the Office of Management

and Budget for the Federal Credit Reform Act of 1990 [2 U.S.C. 661

et seq.]. This shall also include an amount for the administrative

expenses of the Agency for International Development in

administering the program under this section. All such fees shall

be paid by the Government of Israel to the Government of the United

States. Funds made available for Israel under part 4 of subchapter

II of this chapter, may be utilized by the Government of Israel to

pay such fees to the United States Government. No further

appropriations of subsidy cost are needed for the loan guarantee

authorized hereunder for fiscal year 1993 and the four succeeding

fiscal years.

(2) The origination fee shall be payable to the United States

Government on a pro rata basis as each guarantee for each loan or

increment is issued.

(f) Authority to suspend

Except as provided in subsections (l) and (m) of this section,

the President shall determine the terms and conditions for issuing

guarantees. If the President determines that these terms and

conditions have been breached, the President may suspend or

terminate the provision of all or part of the additional loan

guarantees not yet issued under this section. Upon making such a

determination to suspend or terminate the provision of loan

guarantees, the President shall submit to the Speaker of the House

of Representatives and the President Pro Tempore of the Senate his

determination to do so, including the basis for such suspension or

termination.

(g) Procedures for suspension or termination

Any suspension or termination pursuant to subsection (f) of this

section shall be in accordance with the following procedures:

(1) Upon making a determination to suspend or terminate the

provision of loan guarantees, the President shall submit to the

Speaker of the House of Representatives and the President Pro

Tempore of the Senate his determination to do so, including the

basis for such suspension or termination.

(2) Such a suspension or termination shall cease to be

effective if Congress enacts, within 30 days of submission, a

joint resolution authorizing the assistance notwithstanding the

suspension.

(3) Any such joint resolution shall be considered in the Senate

in accordance with the provisions of section 601(b) of the

International Security Assistance and Arms Export Control Act of

1976.

(4) For the purpose of expediting the consideration and

enactment of joint resolutions under this subsection, a motion to

proceed to the consideration of any such joint resolution after

it has been reported by the appropriate committee shall be

treated as highly privileged in the House of Representatives.

(5) In the event that the President suspends the provision of

additional loan guarantees under subsection (f) of this section

and Congress does not enact a joint resolution pursuant to this

subsection, the provision of additional loan guarantees under the

program established by this section may be resumed only if the

President determines and so reports to Congress that the reasons

for the suspension have been resolved or that the resumption is

otherwise in the national interest.

(h) Economic context

The effective absorption of immigrants into Israel from the

republics of the former Soviet Union and Ethiopia within the

private sector requires large investment and economic restructuring

to promote market efficiency and thereby contribute to productive

employment and sustainable growth. Congress recognizes that the

Government of Israel is developing an economic strategy designed to

achieve these goals, and that the Government of Israel intends to

adopt a comprehensive, multi-year economic strategy based on

prudent macroeconomic policies and structural reforms. Congress

also recognizes that these policies are being designed to reduce

direct involvement of the government in the economic system and to

promote private enterprise, important prerequisites for economic

stability and sustainable growth.

(i) Consultations

It is the sense of the Congress that, as agreed between the two

Governments and in order to further the policies specified in

subsection (h) of this section, Israel and the United States should

continue to engage in consultations concerning economic and

financial measures, including structural and other reforms, that

Israel should undertake during the pendency of this program to

enable its economy to absorb and resettle immigrants and to

accommodate the increased debt burden that will result from loans

guaranteed pursuant to this section. It is the sense of the

Congress that these consultations on economic measures should

address progress and plans in the areas of budget policies,

privatization, trade liberalization, financial and capital markets,

labor markets, competition policy, and deregulation.

(j) Goods and services

During the pendency of the loan program authorized under this

section, it is anticipated that, in the context of the economic

reforms undertaken pursuant to subsections (h) and (i) of this

section, Israel's increased population due to its absorption of

immigrants, and the liberalization by the Government of Israel of

its trade policy with the United States, the amount of United

States investment goods and services purchased for use in or with

respect to the country of Israel will substantially increase.

(k) Reports

The President shall report to Congress by December 31 of each

fiscal year until December 31, 1999, regarding the implementation

of this section.

(g742l) Applicability of certain sections

Section 2183 of this title shall apply to guarantees issued under

subsection (a) of this section in the same manner as such section

applies to guarantees issued under section 2182 of this title,

except that subsections (a), (e)(1), (g), and (j) of section 2183

of this title shall not apply to such guarantees and except that,

to the extent section 2183 of this title is inconsistent with the

Federal Credit Reform Act of 1990 [2 U.S.C. 661 et seq.], that Act

shall apply. Loans shall be guaranteed under this section without

regard to sections 2181, 2182, and 2198(c) of this title.

Notwithstanding section 2183(f) of this title, the interest rate

for loans guaranteed under this section may include a reasonable

fee to cover the costs and fees incurred by the borrower in

connection with this program or financing under this section in the

event the borrower elects not to finance such costs or fees out of

loan principal. Guarantees once issued hereunder shall be

unconditional and fully and freely transferable.

(m) Terms and conditions

(1) Each loan guarantee issued under this section shall guarantee

100 percent of the principal and interest payable on such loans.

(2) The standard terms of any loan or increment guaranteed under

this section shall be 30 years with semiannual payments of interest

only over the first 10 years, and with semiannual payments of

principal and interest on a level payment basis, over the last 20

years thereof, except that the guaranteed loan or any increments

issued in a single transaction may include obligations having

different maturities, interest rates, and payment terms if the

aggregate scheduled debt service for all obligations issued in a

single transaction equals the debt service for a single loan or

increment of like amount having the standard terms described in

this sentence. The guarantor shall not have the right to accelerate

any guaranteed loan or increment or to pay any amounts in respect

of the guarantees issued other than in accordance with the original

payment terms of the loan. For purposes of determining the maximum

principal amount of any loan or increment to be guaranteed under

this section, the principal amount of each such loan or increment

shall be -

(A) in the case of any loan issued on a discount basis, the

original issue price (excluding any transaction costs) thereof;

or

(B) in the case of any loan issue (!1) on an interest-bearing

basis, the stated principal amount thereof.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 226, as added Pub. L. 102-391, title

VI, Sec. 601, Oct. 6, 1992, 106 Stat. 1699.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Credit Reform Act of 1990, referred to in subsecs.

(e)(1) and (l), is title V of Pub. L. 93-344 as added by Pub. L.

101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat.

1388-609, which is classified generally to subchapter III (Sec. 661

et seq.) of chapter 17A of Title 2, The Congress. For complete

classification of this Act to the Code, see Short Title note set

out under section 621 of Title 2 and Tables.

Section 601(b) of the International Security Assistance and Arms

Export Control Act of 1976, referred to in subsec. (g)(3), is

section 601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat.

765, which is not classified to the Code.

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

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.

-FOOTNOTE-

(!1) So in original. Probably should be "issued".

-End-

-CITE-

22 USC subpart iv - overseas private investment

corporation 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-STATAMEND-

SUBPART IV - OVERSEAS PRIVATE INVESTMENT CORPORATION

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 2291, 2360, 2396, 2394-1,

5828, 7102 of this title.

-End-

-CITE-

22 USC Sec. 2191 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2191. Congressional statement of purpose; creation and

functions of Corporation

-STATUTE-

To mobilize and facilitate the participation of United States

private capital and skills in the economic and social development

of less developed countries and areas, and countries in transition

from nonmarket to market economies, thereby complementing the

development assistance objectives of the United States, there is

hereby created the Overseas Private Investment Corporation

(hereinafter called the "Corporation"), which shall be an agency of

the United States under the policy guidance of the Secretary of

State.

The Corporation, in determining whether to provide insurance,

financing, or reinsurance for a project, shall especially -

(1) be guided by the economic and social development impact and

benefits of such a project and the ways in which such a project

complements, or is compatible with, other development assistance

programs or projects of the United States or other donors;

(2) give preferential consideration to investment projects in

less developed countries that have per capita incomes of $984 or

less in 1986 United States dollars, and restrict its activities

with respect to investment projects in less developed countries

that have per capita incomes of $4,269 or more in 1986 United

States dollars (other than countries designated as beneficiary

countries under section 2702 of title 19, Ireland, and Northern

Ireland); and

(3) ensure that the project is consistent with the provisions

of section 2151p of this title, section 2151p-1 of this title,

and section 2151q of this title relating to the environment and

natural resources of, and tropical forests and endangered species

in, developing countries, and consistent with the intent of

regulations issued pursuant to section 2151p of this title,

section 2151p-1 of this title, and section 2151q of this title.

In carrying out its purpose, the Corporation, utilizing broad

criteria, shall undertake -

(a) to conduct financing, insurance, and reinsurance operations

on a self-sustaining basis, taking into account in its financing

operations the economic and financial soundness of projects;

(b) to utilize private credit and investment institutions and

the Corporation's guaranty authority as the principal means of

mobilizing capital investment funds;

(c) to broaden private participation and revolve its funds

through selling its direct investments to private investors

whenever it can appropriately do so on satisfactory terms;

(d) to conduct its insurance operations with due regard to

principles of risk management including efforts to share its

insurance and reinsurance risks;

(e) to the maximum degree possible consistent with its purposes

-

(1) to give preferential consideration in its investment

insurance, reinsurance, and guaranty activities to investment

projects sponsored by or involving United States small

business; and

(2) to increase the proportion of projects sponsored by or

significantly involving United States small business to at

least 30 percent of all projects insured, reinsured, or

guaranteed by the Corporation;

(f) to consider in the conduct of its operations the extent to

which less developed country governments are receptive to private

enterprise, domestic and foreign, and their willingness and

ability to maintain conditions which enable private enterprise to

make its full contribution to the development process;

(g) to foster private initiative and competition and discourage

monopolistic practices;

(h) to further to the greatest degree possible, in a manner

consistent with its goals, the balance-of-payments and employment

objectives of the United States;

(i) to conduct its activities in consonance with the activities

of the agency primarily responsible for administering subchapter

I of this chapter and the international trade, investment, and

financial policies of the United States Government, and to seek

to support those developmental projects having positive trade

benefits for the United States;

(j) to advise and assist, within its field of competence,

interested agencies of the United States and other organizations,

both public and private, national and international, with respect

to projects and programs relating to the development of private

enterprise in less developed countries and areas;

(k)(1) to decline to issue any contract of insurance or

reinsurance, or any guaranty, or to enter into any agreement to

provide financing for an eligible investor's proposed investment

if the Corporation determines that such investment is likely to

cause such investor (or the sponsor of an investment project in

which such investor is involved) significantly to reduce the

number of his employees in the United States production he is

replacing his United States production with production from such

investment which involves substantially the same product for

substantially the same market as his United States production;

and (2) to monitor conformance with the representations of the

investor on which the Corporation relied in making the

determination required by clause (1);

(l) to decline to issue any contract of insurance or

reinsurance, or any guaranty, or to enter into any agreement to

provide financing for an eligible investor's proposed investment

if the Corporation determines that such investment is likely to

cause a significant reduction in the number of employees in the

United States;

(m) to refuse to insure, reinsure, or finance any investment

subject to performance requirements which would reduce

substantially the positive trade benefits likely to accrue to the

United States from the investment; and

(n) to refuse to insure, reinsure, guarantee, or finance any

investment in connection with a project which the Corporation

determines will pose an unreasonable or major environmental,

health, or safety hazard, or will result in the significant

degradation of national parks or similar protected areas.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 231, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 809; amended Pub. L. 93-390, Sec.

2(1), Aug. 27, 1974, 88 Stat. 763; Pub. L. 95-268, Sec. 2, Apr. 24,

1978, 92 Stat. 213; Pub. L. 97-65, Sec. 2, Oct. 16, 1981, 95 Stat.

1021; Pub. L. 99-204, Secs. 3, 4(a), Dec. 23, 1985, 99 Stat. 1669;

Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat.

2268-36; Pub. L. 102-549, title I, Sec. 101, Oct. 28, 1992, 106

Stat. 3651; Pub. L. 103-392, title I, Sec. 105, Oct. 22, 1994, 108

Stat. 4099.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on sections 102 and

110(a)(1) of title I of H.R. 5263, One Hundredth Congress, as

passed by the House of Representatives on Sept. 20, 1988, and

sections 102 and 110(a)(1) of title I of S. 2757, One Hundredth

Congress, as reported Sept. 7, 1988, and enacted into law by Pub.

L. 100-461.

-MISC2-

PRIOR PROVISIONS

A prior section 231 of Pub. L. 87-195, pt. 1, Sept. 4, 1961, 75

Stat. 432, related to general authority of President to participate

in financing of surveys of investment opportunities in less

developed friendly countries, prior to the general reorganization

of this subpart by Pub. L. 91-175, pt. I, Sec. 105, Dec. 30, 1969,

83 Stat. 807.

AMENDMENTS

1994 - Pub. L. 103-392 inserted ", Ireland, and Northern Ireland"

after "title 19" in par. (2) of second undesignated par.

1992 - Pub. L. 102-549, in first undesignated par., substituted

"countries and areas, and countries in transition from nonmarket to

market economies," for "friendly countries and areas,".

1988 - Pub. L. 100-461, in par. (2) of second undesignated par.,

substituted "984 or less in 1986 United States dollars" for "$896

or less in 1983 United States dollars" and "$4,269 or more in 1986

United States dollars (other than countries designated as

beneficiary countries under section 2702 of title 19)" for "$3,887

or more in 1983 United States dollars".

Pub. L. 100-461, in par. (3) of second undesignated par.,

substituted "section 2151p of this title, section 2151p-1 of this

title, and section" for "sections 2151p of this title and" and

"tropical forests and endangered species" for "biological

diversity".

1985 - Pub. L. 99-204, in second undesignated par., substituted

"$896 or less in 1983 United States dollars" for "$680 or less in

1979 United States dollars" and "$3,887 or more in 1983 United

States dollars" for "$2,950 or more in 1979 United States dollars"

in par. (2), added par. (3), and added cl. (n).

1981 - Pub. L. 97-65 substituted "$680 or less in 1979 United

States dollars" for "$520 or less in 1975 United States dollars"

and "$2,950 or more in 1979 United States dollars" for "$1,000 or

more in 1975 United States dollars" in par. (2) of undesignated

paragraph covering the guidelines to be used with regard to

operations in less developed countries, inserted ", and to seek to

support those developmental projects having positive trade benefits

for the United States" in cl. (i) of undesignated paragraph

enumerating the activities of the Corporation, and, in that

unnumbered paragraph, added cl. (m), relating to investments which

would reduce positive trade benefits.

1978 - Pub. L. 95-268 inserted undesignated par. relating to

determinations by the Corporation respecting insurance, financing,

or reinsurance for a project, in cl. (e) designated existing

provisions as subcl. (1) and, as so designated, substituted

reference to guaranty activities for reference to financing

activities and reference to small businesses for reference to

businesses with a net worth of not more than $2,500,000 or with

total assets of not more than $7,500,000, and added subcl. (2),

struck out cl. (f) relating to encouragement and support of private

investments for certain less developed friendly countries,

redesignated former cls. (g) to (k) as (f) to (j), respectively,

struck out former cl. (l) relating to preference by the Corporation

for projects in countries having a per capita income of $450 or

less in 1973 United States dollars, redesignated former cl. (m) as

(k), and added cl. (n) which, as added, was redesignated as (l).

1974 - Pub. L. 93-390, in introductory par., substituted "social

development" for "social progress", in cl. (a) inserted provisions

for conducting insurance and reinsurance operations and substituted

provisions requiring in financial operations consideration of

economic and financial soundness of projects for provisions

requiring consideration of economic and financial soundness of

projects and availability of financing from other sources on

appropriate terms, in cl. (d) substituted "efforts to share its

insurance and reinsurance" for "when appropriate, efforts to share

its insurance", in cl. (e) substituted provisions requiring

preferential treatment to investment projects involving businesses

with enumerated net worth or total assets for provisions requiring

utilization and encouragement for full participation in Corporation

programs of small businesses, in cl. (i) inserted "and employment"

before "objectives", and added cls. (l) and (m).

OVERSEAS PRIVATE INVESTMENT CORPORATION; REAFFIRMATION OF SUPPORT

Pub. L. 100-418, title II, Sec. 2203(a), Aug. 23, 1988, 102 Stat.

1328, provided that: "The Congress reaffirms its support for the

Overseas Private Investment Corporation as a United States

Government agency serving important development assistance goals.

In order to enhance the Corporation's ability to meet these goals,

the Overseas Private Investment Corporation should increase its

loan guaranty and direct investment programs."

-EXEC-

EX. ORD. NO. 11579. OVERSEAS PRIVATE INVESTMENT CORPORATION

Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, as amended by Ex.

Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12163,

Sept. 29, 1979, 44 F.R. 56673, provided:

By virtue of the authority vested in me by the Foreign Assistance

Act of 1961 (75 Stat. 424), as amended (hereinafter the "Act")

[section 2151 et seq. of this title] and section 301 of title 3 of

the United States Code, and as President of the United States, it

is ordered as follows:

Section 1. Transfer to Overseas Private Investment Corporation.

All obligations, assets and related rights and responsibilities

arising out of, or related to, predecessor programs and authorities

similar to those provided for in sections 234(a), (b) and (d) of

the Act [section 2194(a), (b) and (d) of this title] are hereby

transferred to the Overseas Private Investment Corporation

(hereinafter the "Corporation").

Sec. 2. Delegation of functions. (a) [Revoked by Ex. Ord. No.

12163, Sept. 29, 1979, 44 F.R. 56673.]

(b) The function of prescribing regulations relating to the

reinstatement or restoration of officers and employees of the

Corporation to other government positions, when their appointment

to a position in the Corporation was made from another government

position and their separation from the Corporation was not made for

cause, is hereby delegated to the Office of Personnel Management.

Sec. 3. Allocation and transfer of funds. Funds made available

under section 232 of the Act (repealed by section 105 of the

Foreign Assistance Act of 1969) [section 2192 of this title] which

are obligated but unexpended are hereby transferred to the

Corporation.

Sec. 4. General provisions. (a) As used in this order, the words

"function" or "functions" include any duty, obligation, power,

authority, responsibility, right, privilege, discretion, or

activity.

(b) The Corporation shall be deemed to be the successor of the

Agency for International Development and the Administrator thereof,

with respect to all functions vested in the Corporation pursuant to

law.

(c) Except to the extent that they may be inconsistent with this

order, all determinations, authorizations, regulations, rulings,

certificates, orders, directives, contracts, agreements, and other

actions made, issued, or entered into with respect to any function

affected by this order and not revoked, superseded or otherwise

made inapplicable before the date of this order, shall continue in

full force and effect until amended, modified, or terminated by

appropriate authority.

(d) Executive Order No. 10973 of November 3, 1961, as amended

[set out as a note under this section], is hereby superseded

insofar as any provision therein is in conflict with any provision

herein.

(e) The provisions of this order shall become effective upon

adoption by the Board of Directors of bylaws for the Corporation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2191a, 2194, 2200, 3304

of this title.

-End-

-CITE-

22 USC Sec. 2191a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2191a. Additional requirements

-STATUTE-

(a) Worker rights

(1) Limitation on OPIC activities

The Corporation may insure, reinsure, guarantee, or finance a

project only if the country in which the project is to be

undertaken is taking steps to adopt and implement laws that

extend internationally recognized worker rights, as defined in

section 2467(4) of title 19, to workers in that country

(including any designated zone in that country). The Corporation

shall also include the following language, in substantially the

following form, in all contracts which the Corporation enters

into with eligible investors to provide financial support under

this subpart:

"The investor agrees not to take actions to prevent employees

of the foreign enterprise from lawfully exercising their right

of association and their right to organize and bargain

collectively. The investor further agrees to observe applicable

laws relating to a minimum age for employment of children,

acceptable conditions of work with respect to minimum wages,

hours of work, and occupational health and safety, and not to

use forced labor. The investor is not responsible under this

paragraph for the actions of a foreign government."

(2) Use of annual reports on workers rights

The Corporation shall, in making its determinations under

paragraph (1), use the reports submitted to the Congress pursuant

to section 2464 of title 19. The restriction set forth in

paragraph (1) shall not apply until the first such report is

submitted to the Congress.

(3) Waiver

Paragraph (1) shall not prohibit the Corporation from providing

any insurance, reinsurance, guaranty, or financing with respect

to a country if the President determines that such activities by

the Corporation would be in the national economic interests of

the United States. Any such determination shall be reported in

writing to the Congress, together with the reasons for the

determination.

(4) Operations of OPIC in the People's Republic of China

In making a determination under this section for the People's

Republic of China, the Corporation shall discuss fully and

completely the justification for making such determination with

respect to each item set forth in subparagraphs (A) through (E)

of section 2467(4) of title 19.

(b) Environmental impact

The Board of Directors of the Corporation shall not vote in favor

of any action proposed to be taken by the Corporation that is

likely to have significant adverse environmental impacts that are

sensitive, diverse, or unprecedented, unless for at least 60 days

before the date of the vote -

(1) an environmental impact assessment or initial environmental

audit, analyzing the environmental impacts of the proposed action

and of alternatives to the proposed action has been completed by

the project applicant and made available to the Board of

Directors; and

(2) such assessment or audit has been made available to the

public of the United States, locally affected groups in the host

country, and host country nongovernmental organizations.

(c) Public hearings

(1) The Board shall hold at least one public hearing each year in

order to afford an opportunity for any person to present views as

to whether the Corporation is carrying out its activities in

accordance with section 2191 of this title and this section or

whether any investment in a particular country should have been or

should be extended insurance, reinsurance, guarantees, or financing

under this subpart.

(2) In conjunction with each meeting of its Board of Directors,

the Corporation shall hold a public hearing in order to afford an

opportunity for any person to present views regarding the

activities of the Corporation. Such views shall be made part of the

record.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 231A, as added Pub. L. 99-204, Sec.

5(a), Dec. 23, 1985, 99 Stat. 1670; amended Pub. L. 100-418, title

II, Sec. 2203(c), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 102-549,

title I, Sec. 102(a), Oct. 28, 1992, 106 Stat. 3651; Pub. L.

104-188, title I, Sec. 1954(b)(3), Aug. 20, 1996, 110 Stat. 1928;

Pub. L. 106-158, Sec. 3(a), Dec. 9, 1999, 113 Stat. 1745.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-158, Sec. 3(a)(2) added subsec.

(b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 106-158, Sec. 3(a)(1), (3), redesignated

subsec. (b) as (c), designated existing provisions as par. (1), and

added par. (2).

1996 - Subsec. (a)(1). Pub. L. 104-188, Sec. 1954(b)(3)(A),

substituted "2467(4)" for "2462(a)(4)".

Subsec. (a)(2). Pub. L. 104-188, Sec. 1954(b)(3)(B), substituted

"2464" for "2465(c)".

Subsec. (a)(4). Pub. L. 104-188, Sec. 1954(b)(3)(C), substituted

"2467(4)" for "2462(a)(4)".

1992 - Subsec. (a)(1). Pub. L. 102-549 inserted at end provisions

requiring Corporation to include certain language about employee

rights in all contracts with eligible investors.

1988 - Subsec. (a)(4). Pub. L. 100-418 added par. (4).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-158, Sec. 3(b), Dec. 9, 1999, 113 Stat. 1746,

provided that: "The amendments made by subsection (a) [amending

this section] shall take effect 90 days after the date of the

enactment of this Act [Dec. 9, 1999]."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-188 applicable to articles entered on or

after Oct. 1, 1996, with provisions relating to retroactive

application, see section 1953 of Pub. L. 104-188, set out as an

Effective Date note under section 2461 of Title 19, Customs Duties.

EFFECTIVE DATE

Section 5(b) of Pub. L. 99-204 provided that: "Subsection (a) of

section 231A [subsec. (a) of this section], as added by subsection

(a) of this section, shall not apply to projects insured,

reinsured, guaranteed, or financed before the date of the enactment

of this Act [Dec. 23, 1985]."

-TRANS-

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.

-End-

-CITE-

22 USC Sec. 2192 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2192. Capital of the Corporation

-STATUTE-

The President is authorized to pay in as capital of the

Corporation, out of dollar receipts made available through the

appropriation process from loans made pursuant to subchapter I of

this chapter and from loans made under the Mutual Security Act of

1954, as amended, for the fiscal year 1970 not to exceed

$20,000,000 and for the fiscal year 1971 not to exceed $20,000,000.

Upon the payment of such capital by the President, the Corporation

shall issue an equivalent amount of capital stock to the Secretary

of the Treasury.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 232, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 810.)

-REFTEXT-

REFERENCES IN TEXT

The Mutual Security Act of 1954, referred to in text, is act Aug.

26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955,

ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2 to 11, 70

Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,

1958, Pub. L. 85-477, ch. 1, Secs. 101 to 103, ch. II, Secs. 201 to

205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat.

261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch.

II, Secs. 201 to 205(a) to (i), (k) to (n), ch. III, Sec. 301, ch.

IV, Sec. 401(a) to (k), (m), 73 Stat. 246; May 14, 1960, Pub. L.

86-472, ch. I to V, 74 Stat. 134, which was principally classified

to chapter 24 (Sec. 1750 et seq.) of this title and which was

repealed by act July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559,

Pub. L. 85-141, Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat.

356, Pub. L. 86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24,

1959, 73 Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k),

May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec.

642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title II,

Sec. 212(b)(1), June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title

II, Sec. 228, Apr. 4, 1996, 110 Stat. 963, except for sections

1754, 1783, 1796, 1853, 1928, and 1937 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1754 of this title and Tables.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

PRIOR PROVISIONS

A prior section 232 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75

Stat. 432 as amended by Pub. L. 87-565, pt. I, Sec. 105, Aug. 1,

1962, 76 Stat. 257; Pub. L. 88-633, pt. I, Sec. 104, Oct. 7, 1964,

78 Stat. 1010; Pub. L. 90-137, pt. I, Sec. 105, Nov. 14, 1967, 81

Stat. 451, authorized appropriations for surveys of investment

opportunities, prior to the general reorganization of this subpart

by Pub. L. 91-175, pt. I, Sec. 105, Dec. 30, 1969, 83 Stat. 807.

-TRANS-

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.

-End-

-CITE-

22 USC Sec. 2193 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2193. Organization and management

-STATUTE-

(a) Structure

The Corporation shall have a Board of Directors, a President, an

Executive Vice President, and such other officers and staff as the

Board of Directors may determine.

(b) Board of directors

All powers of the Corporation shall vest in and be exercised by

or under the authority of its Board of Directors ("the Board")

which shall consist of fifteen Directors, including the Chairman,

with eight Directors constituting a quorum for the transaction of

business. Eight Directors shall be appointed by the President of

the United States, by and with the advice and consent of the

Senate, and shall not be officials or employees of the Government

of the United States. At least two of the eight Directors appointed

under the preceding sentence shall be experienced in small

business, one in organized labor, and one in cooperatives. Each

such Director shall be appointed for a term of no more than three

years. The terms of no more than three such Directors shall expire

in any one year. Such Directors shall serve until their successors

are appointed and qualified and may be reappointed.

The other Directors shall be officials of the Government of the

United States, including the President of the Corporation, the

Administrator of the Agency for International Development, the

United States Trade Representative, and an official of the

Department of Labor, designated by and serving at the pleasure of

the President of the United States. The United States Trade

Representative may designate a Deputy United States Trade

Representative to serve on the Board in place of the United States

Trade Representative.

There shall be a Chairman and a Vice Chairman of the Board, both

of whom shall be designated by the President of the United States

from among the Directors of the Board other than those appointed

under the second sentence of the first paragraph of this

subsection.

All Directors who are not officers of the Corporation or

officials of the Government of the United States shall be

compensated at a rate equivalent to that of level IV of the

Executive Schedule when actually engaged in the business of the

Corporation and may be paid per diem in lieu of subsistence at the

applicable rate prescribed in the standardized Government travel

regulations, as amended from time to time, while away from their

homes or usual places of business.

(c) President

The President of the Corporation shall be appointed by the

President of the United States, by and with the advice and consent

of the Senate, and shall serve at the pleasure of the President. In

making such appointment, the President shall take into account

private business experience of the appointee. The President of the

Corporation shall be its Chief Executive Officer and responsible

for the operations and management of the Corporation, subject to

bylaws and policies established by the Board.

(d) Officers and staff

The Executive Vice President of the Corporation shall be

appointed by the President of the United States, by and with the

advice and consent of the Senate, and shall serve at the pleasure

of the President. Other officers, attorneys, employees, and agents

shall be selected and appointed by the Corporation, and shall be

vested with such powers and duties as the Corporation may

determine. Of such persons employed by the Corporation, not to

exceed twenty may be appointed, compensated, or removed without

regard to the civil service laws and regulations: Provided, That

under such regulations as the President of the United States may

prescribe, officers and employees of the United States Government

who are appointed to any of the above positions may be entitled,

upon removal from such position, except for cause, to reinstatement

to the position occupied at the time of appointment or to a

position of comparable grade and salary. Such positions shall be in

addition to those otherwise authorized by law, including those

authorized by section 5108 of title 5.

(e) Investment advisory council

The Board shall take prompt measures to increase the loan,

guarantee, and insurance programs, and financial commitments, of

the Corporation in sub-Saharan Africa, including through the use of

an investment advisory council to assist the Board in developing

and implementing policies, programs, and financial instruments with

respect to sub-Saharan Africa. In addition, the investment advisory

council shall make recommendations to the Board on how the

Corporation can facilitate greater support by the United States for

trade and investment with and in sub-Saharan Africa. The investment

advisory council shall terminate 4 years after May 18, 2000.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 233, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 810; amended Pub. L. 97-65, Sec.

3(a), (b), Oct. 16, 1981, 95 Stat. 1021, 1022; Pub. L. 106-158,

Sec. 4, Dec. 9, 1999, 113 Stat. 1746; Pub. L. 106-200, title I,

Sec. 123(c)(1), May 18, 2000, 114 Stat. 269.)

-REFTEXT-

REFERENCES IN TEXT

Level IV of the Executive Schedule, referred to in subsec. (b),

is set out in section 5315 of Title 5, Government Organization and

Employees.

The civil service laws, referred to in subsec. (d), are set out

in Title 5. See, particularly, section 3301 et seq. of Title 5.

-MISC1-

PRIOR PROVISIONS

A prior section 233 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75

Stat. 432, contained definitions, prior to the general

reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,

Dec. 30, 1969, 83 Stat. 807.

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-200 added subsec. (e).

1999 - Subsec. (b). Pub. L. 106-158, Sec. 4(1), (2), in first

par., struck out after first sentence "The Administrator of the

Agency for International Development shall be the Chairman of the

Board, ex officio. The United States Trade Representative shall be

the Vice Chairman of the Board, ex officio, except that the United

States Trade Representative may designate the Deputy United States

Trade Representative to serve as Vice Chairman of the Board in

place of the United States Trade Representative." and struck out

"(other than the President of the Corporation, appointed pursuant

to subsection (c) of this section who shall serve as a Director, ex

officio)" after "Eight Directors".

Pub. L. 106-158, Sec. 4(3), in second par., inserted "the

President of the Corporation, the Administrator of the Agency for

International Development, the United States Trade Representative,

and" after "United States, including" and inserted at end "The

United States Trade Representative may designate a Deputy United

States Trade Representative to serve on the Board in place of the

United States Trade Representative."

Pub. L. 106-158, Sec. 4(4), inserted after second par. "There

shall be a Chairman and a Vice Chairman of the Board, both of whom

shall be designated by the President of the United States from

among the Directors of the Board other than those appointed under

the second sentence of the first paragraph of this subsection."

1981 - Subsec. (b). Pub. L. 97-65 expanded to 15 the number of

Directors on the Board, raised to 8 the number required to

constitute a quorum and made other technical changes in connection

with the increased size of the Board, inserted provision directing

that the United States Trade Representative be the Vice Chairman of

the Board, ex officio, but authorizing the United States Trade

Representative to designate the Deputy United States Trade

Representative to serve as Vice Chairman of the Board in place of

the United States Trade Representative, provided that the President

of the Corporation serve as a Director, ex officio, and inserted

provision that an official of the Department of Labor be added to

the Board as a Director.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 3(c) of Pub. L. 97-65 provided that: "The amendments made

by this section [amending this section] shall take effect on

October 1, 1981."

-TRANS-

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.

-MISC2-

MEMBERS OF BOARD OF DIRECTORS OF OVERSEAS PRIVATE INVESTMENT

CORPORATION

For provisions directing that the United States Trade

Representative serve, ex officio, as an additional voting member of

the Board of Directors of the Overseas Private Investment

Corporation and to serve as the Vice Chair of that Board and

authorizing and directing the appointment of an additional member

of the Board of Directors of the Overseas Private Investment

Corporation as part of the consolidation of the trade functions of

the Federal government, see Reorg. Plan No. 3 of 1979, Sec. 4, 44

F.R. 69274, 93 Stat. 1381, eff. Jan. 2, 1980, as provided in

section 1-107(a) of Ex. Ord. No. 12188, 45 F.R. 993, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 3733.

-End-

-CITE-

22 USC Sec. 2194 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2194. Investment insurance and other programs

-STATUTE-

The Corporation is hereby authorized to do the following:

(a) Investment insurance

(1) To issue insurance, upon such terms and conditions as the

Corporation may determine, to eligible investors assuring

protection in whole or in part against any or all of the following

risks with respect to projects which the Corporation has approved -

(A) inability to convert into United States dollars other

currencies, or credits in such currencies, received as earnings

or profits from the approved project, as repayment or return of

the investment therein, in whole or in part, or as compensation

for the sale or disposition of all or any part thereof;

(B) loss of investment, in whole or in part, in the approved

project due to expropriation or confiscation by action of a

foreign government;

(C) loss due to war, revolution, insurrection, or civil strife;

and

(D) loss due to business interruption caused by any of the

risks set forth in subparagraphs (A), (B), and (C).

(2) Recognizing that major private investments in less developed

friendly countries or areas are often made by enterprises in which

there is multinational participation, including significant United

States private participation, the Corporation may make arrangements

with foreign governments (including agencies, instrumentalities, or

political subdivisions thereof) or with multilateral organizations

and institutions for sharing liabilities assumed under investment

insurance for such investments and may in connection therewith

issue insurance to investors not otherwise eligible hereunder,

except that liabilities assumed by the Corporation under the

authority of this subsection shall be consistent with the purposes

of this subpart and that the maximum share of liabilities so

assumed shall not exceed the proportionate participation by

eligible investors in the project.

(3) Not more than 10 per centum of the maximum contingent

liability of investment insurance which the Corporation is

permitted to have outstanding under section 2195(a)(1) (!1) of this

title shall be issued to a single investor.

(4) Before issuing insurance for the first time for loss due to

business interruption, and in each subsequent instance in which a

significant expansion is proposed in the type of risk to be insured

under the definition of "civil strife" or "business interruption",

the Corporation shall, at least sixty days before such insurance is

issued, submit to the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives a report with respect to such insurance, including

a thorough analysis of the risks to be covered, anticipated losses,

and proposed rates and reserves and, in the case of insurance for

loss due to business interruption, an explanation of the

underwriting basis upon which the insurance is to be offered. Any

such report with respect to insurance for loss due to business

interruption shall be considered in accordance with the procedures

applicable to reprogramming notifications pursuant to section

2394-1 of this title.

(b) Investment guaranties

To issue to eligible investors guaranties of loans and other

investments made by such investors assuring against loss due to

such risks and upon such terms and conditions as the Corporation

may determine: Provided, however, That such guaranties on other

than loan investments shall not exceed 75 per centum of such

investment: Provided further, That except for loan investments for

credit unions made by eligible credit unions or credit union

associations, the aggregate amount of investment (exclusive of

interest and earnings) so guaranteed with respect to any project

shall not exceed, at the time of issuance of any such guaranty, 75

per centum of the total investment committed to any such project as

determined by the Corporation, which determination shall be

conclusive for purposes of the Corporation's authority to issue any

such guaranty: Provided further, That not more than 15 per centum

of the maximum contingent liability of investment guaranties which

the Corporation is permitted to have outstanding under section

2195(a)(2) (!1) of this title shall be issued to a single investor.

(c) Direct investment

To make loans in United States dollars repayable in dollars or

loans in foreign currencies (including, without regard to section

1306 of title 31, such foreign currencies which the Secretary of

the Treasury may determine to be excess to the normal requirements

of the United States and the Director of the Office of Management

and Budget may allocate) to firms privately owned or of mixed

private and public ownership upon such terms and conditions as the

Corporation may determine. Loans may be made under this subsection

only for projects that are sponsored by or significantly involve

United States small business or cooperatives.

The Corporation may designate up to 25 percent of any loan under

this subsection for use in the development or adaptation in the

United States of new technologies or new products or services that

are to be used in the project for which the loan is made and are

likely to contribute to the economic or social development of less

developed countries.

No loan may be made under this subsection to finance any

operation for the extraction of oil or gas. The aggregate amount of

loans under this subsection to finance operations for the mining or

other extraction of any deposit of ore or other nonfuel minerals

may not in any fiscal year exceed $4,000,000.

(d) Investment encouragement

To initiate and support through financial participation,

incentive grant, or otherwise, and on such terms and conditions as

the Corporation may determine, the identification, assessment,

surveying and promotion of private investment opportunities,

utilizing wherever feasible and effective the facilities of private

organizations or private investors, except that -

(1) the Corporation shall not finance any survey to ascertain

the existence, location, extent, or quality of, or to determine

the feasibility of undertaking operations for the extraction of,

oil or gas; and

(2) expenditures financed by the Corporation during any fiscal

year on surveys to ascertain the existence, location, extent, or

quality of, or to determine the feasibility of undertaking

operations for the extraction of nonfuel minerals may not exceed

$200,000.

(e) Special projects and programs

To administer and manage special projects and programs, including

programs of financial and advisory support which provide private

technical, professional, or managerial assistance in the

development of human resources, skills, technology, capital savings

and intermediate financial and investment institutions and

cooperatives and including the initiation of incentives, grants,

and studies for renewable energy and other small business

activities. The funds for these projects and programs may, with the

Corporation's concurrence, be transferred to it for such purposes

under the authority of section 2392(a) of this title or from other

sources, public or private. Administrative funds may not be made

available for incentives, grants, and studies for renewable energy

and other small business activities.

(f) Additional insurance functions

(1) To make and carry out contracts of insurance or reinsurance,

or agreements to associate or share risks, with insurance

companies, financial institutions, any other persons, or groups

thereof, and employing the same, where appropriate, as its agent,

or acting as their agent, in the issuance and servicing of

insurance, the adjustment of claims, the exercise of subrogation

rights, the ceding and accepting of reinsurance, and in any other

matter incident to an insurance business; except that such

agreements and contracts shall be consistent with the purposes of

the Corporation set forth in section 2191 of this title and shall

be on equitable terms.

(2) To enter into pooling or other risk-sharing arrangements with

multinational insurance or financing agencies or groups of such

agencies.

(3) To hold an ownership interest in any association or other

entity established for the purposes of sharing risks under

investment insurance.

(4) To issue, upon such terms and conditions as it may determine,

reinsurance of liabilities assumed by other insurers or groups

thereof in respect of risks referred to in subsection (a)(1) of

this section.

The amount of reinsurance of liabilities under this subpart which

the Corporation may issue shall not in the aggregate exceed at any

one time an amount equal to the amount authorized for the maximum

contingent liability outstanding at any one time under section

2195(a)(1) (!1) of this title. All reinsurance issued by the

Corporation under this subsection shall require that the reinsured

party retain for his own account specified portions of liability,

whether first loss or otherwise.

(g) Pilot equity finance program

(1) Authority for pilot program

In order to study the feasibility and desirability of a program

of equity financing, the Corporation is authorized to establish a

4-year pilot program under which it may, on the limited basis

prescribed in paragraphs (2) through (5), purchase, invest in, or

otherwise acquire equity or quasi-equity securities of any firm

or entity, upon such terms and conditions as the Corporation may

determine, for the purpose of providing capital for any project

which is consistent with the provisions of this subpart, except

that -

(A) the aggregate amount of the Corporation's equity

investment with respect to any project shall not exceed 30

percent of the aggregate amount of all equity investment made

with respect to such project at the time that the Corporation's

equity investment is made, except for securities acquired

through the enforcement of any lien, pledge, or contractual

arrangement as a result of a default by any party under any

agreement relating to the terms of the Corporation's

investment; and

(B) the Corporation's equity investment under this subsection

with respect to any project, when added to any other

investments made or guaranteed by the Corporation under

subsection (b) or (c) of this section with respect to such

project, shall not cause the aggregate amount of all such

investment to exceed, at the time any such investment is made

or guaranteed by the Corporation, 75 percent of the total

investment committed to such project as determined by the

Corporation.

The determination of the Corporation under subparagraph (B) shall

be conclusive for purposes of the Corporation's authority to make

or guarantee any such investment.

(2) Equity authority limited to projects in sub-Saharan Africa

and Caribbean basin and marine transportation projects globally

Equity investments may be made under this subsection only in

projects in countries eligible for financing under this subpart

that are countries in sub-Saharan Africa or countries designated

as beneficiary countries under section 2702 of title 19 and in

marine transportation projects in countries and areas eligible

for OPIC support worldwide using United States commercial

maritime expertise.

(3) Additional criteria

In making investment decisions under this subsection, the

Corporation shall give preferential consideration to projects

sponsored by or significantly involving United States small

business or cooperatives. The Corporation shall also consider the

extent to which the Corporation's equity investment will assist

in obtaining the financing required for the project.

(4) Disposition of equity interest

Taking into consideration, among other things, the

Corporation's financial interests and the desirability of

fostering the development of local capital markets in less

developed countries, the Corporation shall endeavor to dispose of

any equity interest it may acquire under this subsection within a

period of 10 years from the date of acquisition of such interest.

(5) Implementation

To the extent provided in advance in appropriations Acts, the

Corporation is authorized to create such legal vehicles as may be

necessary for implementation of its authorities, which legal

vehicles may be deemed non-Federal borrowers for purposes of the

Federal Credit Reform Act of 1990 [2 U.S.C. 661 et seq.]. Income

and proceeds of investments made pursuant to this subsection may

be used to purchase equity or quasi-equity securities in

accordance with the provisions of this section: Provided,

however, That such purchases shall not be limited to the 4-year

period of the pilot program: Provided further, That the

limitations contained in paragraph (2) shall not apply to such

purchases.

(6) Consultations with Congress

The Corporation shall consult annually with the Committee on

Foreign Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate on the implementation of the

pilot equity finance program established under this subsection.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 234, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 811; amended 1970 Reorg. Plan No.

2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub.

L. 93-390, Sec. 2(2), Aug. 27, 1974, 88 Stat. 764; Pub. L. 95-268,

Sec. 3, Apr. 24, 1978, 92 Stat. 214; Pub. L. 97-65, Sec. 4, Oct.

16, 1981, 95 Stat. 1022; Pub. L. 99-204, Secs. 6(a), 7, 8, Dec. 23,

1985, 99 Stat. 1671, 1672; Pub. L. 100-461, title V, Sec. 555, Oct.

1, 1988, 102 Stat. 2268-36; Pub. L. 101-218, Sec. 8(c), Dec. 11,

1989, 103 Stat. 1868; Pub. L. 102-549, title I, Sec. 103, Oct. 28,

1992, 106 Stat. 3651; Pub. L. 106-31, title VI, Sec. 6001, May 21,

1999, 113 Stat. 112.)

-REFTEXT-

REFERENCES IN TEXT

Section 2195(a) of this title, referred to in subsecs. (a)(3),

(b), and (f), was amended by Pub. L. 105-118, title V, Sec. 581,

Nov. 26, 1997, 111 Stat. 2435, and, as so amended, provisions

formerly appearing in pars. (1) and (2) of subsec. (a) are now

contained in par. (1).

The Federal Credit Reform Act of 1990, referred to in subsec.

(g)(5), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,

title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which

is classified generally to subchapter III (Sec. 661 et seq.) of

chapter 17A of Title 2, The Congress. For complete classification

of this Act to the Code, see Short Title note set out under section

621 of Title 2 and Tables.

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on sections 103 and 104 of

title I of H.R. 5263, One Hundredth Congress, as passed by the

House of Representatives on Sept. 20, 1988, and sections 103 and

104 of title I of S. 2757, One Hundredth Congress, as reported

Sept. 7, 1988, and enacted into law by Pub. L. 100-461.

In subsec. (c), "section 1306 of title 31" substituted for

"section 1415 of the Supplemental Appropriation Act, 1953, [31

U.S.C. 724]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

-MISC1-

AMENDMENTS

1999 - Subsec. (g). Pub. L. 106-31, Sec. 6000(1), struck out

heading and text of par. designated as (c). Text read as follows:

"The Corporation is authorized to establish a revolving fund to be

available solely for the purposes specified in this subsection and

to make transfers to the fund of a total of $10,000,000 (less

amounts transferred to the fund before October 28, 1992) from its

noncredit account revolving fund. The Corporation shall transfer to

the fund in each fiscal year all amounts received by the

Corporation during the preceding fiscal year as income on

securities acquired under this subsection, and from the proceeds on

the disposition of such securities. Purchases of, investments in,

and other acquisitions of equity from the fund are authorized for

any fiscal year only to the extent or in such amounts as are

provided in advance in appropriations Acts or are transferred to

the Corporation pursuant to section 2392(a) of this title."

Subsec. (g)(2). Pub. L. 106-31, Sec. 6001(2), in heading,

substituted "Equity authority limited to projects in sub-Saharan

Africa and Caribbean basin and marine transportation projects

globally" for "Limitation to projects in sub-Saharan Africa and

Caribbean basin", and, in text, inserted "and in marine

transportation projects in countries and areas eligible for OPIC

support worldwide using United States commercial maritime

expertise" after "section 2702 of title 19".

Subsec. (g)(5). Pub. L. 106-31, Sec. 6001(3), added par. (5).

1992 - Subsec. (g)(5). Pub. L. 102-549 amended par. (5)

generally, substituting designation "(c)" for "(5)". Prior to

amendment, par. (5) read as follows: "Creation of fund from

corporate revenues. - The Corporation is authorized to establish a

fund to be available solely for the purposes specified in this

subsection and to make a one-time transfer to the fund of

$10,000,000 from its income and revenues."

1989 - Subsec. (e). Pub. L. 101-218 inserted "and including the

initiation of incentives, grants, and studies for renewable energy

and other small business activities" after "cooperatives" and

inserted at end "Administrative funds may not be made available for

incentives, grants, and studies for renewable energy and other

small business activities."

1988 - Subsec. (c). Pub. L. 100-461, at end of first undesignated

par., struck out "The Corporation may not purchase or invest in any

stock in any other corporation, except that it may (1) accept as

evidence of indebtedness debt securities convertible to stock, but

such debt securities shall not be converted to stock while held by

the Corporation, and (2) acquire stock through the enforcement of

any lien or pledge or otherwise to satisfy a previously contracted

indebtedness which would otherwise be in default, or as the result

of any payment under any contract of insurance or guaranty. The

Corporation shall dispose of any stock it may so acquire as soon as

reasonably feasible under the circumstances then pertaining." and

added second undesignated par. relating to designation of up to 25

percent of loan for use in development or adaptation of new

technologies or new products or services.

Subsec. (f). Pub. L. 100-461, which directed that first sentence

of last par. be struck out, was executed as probable intent of

Congress by striking out first sentence of concluding provisions,

before "The amount of reinsurance", which read as follows: "The

authority granted by paragraph (3) may be exercised notwithstanding

the prohibition under subsection (c) of this section against the

Corporation purchasing or investing in any stock in any other

corporation."

Subsec. (g). Pub. L. 100-461 added subsec. (g).

1985 - Subsec. (a)(1)(D). Pub. L. 99-204, Sec. 6(a)(1), added

subpar. (D).

Subsec. (a)(4). Pub. L. 99-204, Sec. 6(a)(2), substituted

"insurance for the first time for loss due to business

interruption" for "civil strife insurance for the first time" and

"definition of 'civil strife' or 'business interruption' " for

"definition of civil strife" and inserted provision that in the

case of insurance for loss due to business interruption an

explanation of the underwriting basis upon which the insurance is

to be offered be submitted and provision that any report with

respect to insurance for loss due to business interruption be

considered in accordance with procedures applicable to

reprogramming notifications pursuant to section 2394-1 of this

title.

Subsec. (b). Pub. L. 99-204, Sec. 7, substituted "15" for "10".

Subsec. (f)(2). Pub. L. 99-204, Sec. 8, struck out "other

national or" after "arrangements with".

1981 - Subsec. (a)(1)(C). Pub. L. 97-65, Sec. 4(a)(1), inserted

reference to civil strife.

Subsec. (a)(2). Pub. L. 97-65, Sec. 4(a)(2), substituted

"eligible investors in the project" for "eligible investors in the

total project financing".

Subsec. (a)(3). Pub. L. 97-65, Sec. 4(a)(3), substituted "which

the Corporation is permitted to have outstanding under section

2195(a)(1) of this title" for "which the Corporation is authorized

to issue under this subsection".

Subsec. (a)(4). Pub. L. 97-65, Sec. 4(a)(4), added par. (4).

Subsec. (b). Pub. L. 97-65, Sec. 4(b)(1), substituted "which the

Corporation is permitted to have outstanding under section

2195(a)(2) of this title" for "which the Corporation is authorized

to issue under this subsection".

Subsec. (f)(1). Pub. L. 97-65, Sec. 4(b)(2), struck out

provisions under which the Corporation was prohibited from making

or carrying out any association or risk-sharing agreement for the

direct underwriting of insurance by the Corporation with others,

other than on an individual basis where such direct underwriting

facilitated the purposes of the Corporation as set forth in section

2191 of this title.

Subsec. (f)(4). Pub. L. 97-65, Sec. 4(b)(3), struck out

provisions which had placed a $600,000,000 limit in any one year on

the amount of reinsurance which the Corporation may issue and which

had directed the Corporation to endeavor to increase to the maximum

extent possible the specified portions of liability, whether first

loss or otherwise, which a reinsured party must retain for his own

account.

1978 - Subsec. (a)(2). Pub. L. 95-268, Sec. 3(1), struck out

provisions relating to limitations on maximum share of liabilities

assumed under par. (1) of this subsection.

Subsec. (a)(3). Pub. L. 95-268, Sec. 3(2), substituted "maximum

contingent liability" for "total face amount".

Subsec. (a)(4) to (7). Pub. L. 95-268, Sec. 3(3), struck out

pars. (4) to (7) which set forth requirements for participation by

private insurance companies, multilateral organizations, or others

in insurance programs, and limitations respecting participation by

the Corporation as insurer under contracts of insurance.

Subsec. (b). Pub. L. 95-268, Sec. 3(2), substituted "maximum

contingent liability" for "total face amount".

Subsec. (c). Pub. L. 95-268, Sec. 3(4), (5), inserted provisions

setting forth requirements respecting United States small

businesses or cooperatives, and substituted provisions relating to

aggregate amount of loans for mining or other extraction of ores or

other nonfuel minerals, for provisions prohibiting loans for mining

or other extraction of ores or other minerals.

Subsec. (d). Pub. L. 95-268, Sec. 3(6), substituted provisions

setting forth exception for financing surveys relating to oil and

gas and limitation on amount of expenditures for surveys relating

to nonfuel minerals, for provisions setting forth proviso relating

to surveys for mining of any deposit of ore, oil, gas, or other

mineral.

Subsec. (f)(1). Pub. L. 95-268, Sec. 3(7), inserted provisions

setting forth exceptions for agreements and contracts.

1974 - Subsec. (a)(2). Pub. L. 93-390, Sec. 2(2)(B), inserted

"and institutions" after "multilateral organizations" and

provisions relating to the maximum share of liabilities assumed

under par. (1)(A) to (C) of this subsection.

Subsec. (a)(4) to (7). Pub. L. 93-390, Sec. 2(2)(C), added pars.

(4) to (7).

Subsec. (f). Pub. L. 93-390, Sec. 2(2)(D), added subsec. (f).

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-MISC2-

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-31, title VI, Sec. 6001, May 21, 1999, 113 Stat. 112,

provided that the amendment made by section 6001 is effective Oct.

1, 1999.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President of the United States by section 101 of 1970 Reorg. Plan

No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in

the Appendix to Title 5, Government Organization and Employees.

Section 102 of 1970 Reorg. Plan No. 2 redesignated Bureau of the

Budget as Office of Management and Budget. 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.

-MISC3-

APPROPRIATION OF MONEYS IN ADVANCE AS REQUISITE TO PURCHASES,

INVESTMENTS, OR OTHER ACQUISITIONS OF EQUITY BY FUND CREATED UNDER

PILOT EQUITY FINANCE PROGRAM

Section 555 of Pub. L. 100-461 provided in part: "That purchases,

investments or other acquisitions of equity by the fund created by

section 104 of H.R. 5263 as hereby enacted [22 U.S.C. 2194(g)(5)]

are limited to such amounts as may be provided in advance in

appropriations Acts", and further provided "That purchases,

investments or other acquisitions of equity by the fund created by

section 104 of S. 2757 as hereby enacted [22 U.S.C. 2194(g)(5)] are

limited to such amounts as may be provided in advance in

appropriations Acts".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2194a, 2195, 2197, 2198,

2199, 2200, 2370 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2194a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2194a. Contract authority of Corporation; specific

authorization in appropriation Acts required

-STATUTE-

The authority of the Overseas Private Investment Corporation to

enter into contracts under section 2194(a) of this title shall be

effective for any fiscal year beginning after September 30, 1981,

only to such extent or in such amounts as are provided in

appropriation Acts.

-SOURCE-

(Pub. L. 97-65, Sec. 5(b)(2), Oct. 16, 1981, 95 Stat. 1023.)

-COD-

CODIFICATION

Section was enacted as part of the Overseas Private Investment

Corporation Amendments of 1981, and not as part of the Foreign

Assistance Act of 1961 which comprises this chapter.

-End-

-CITE-

22 USC Sec. 2194b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2194b. Enhancing private political risk insurance industry

-STATUTE-

(a) Cooperative programs

In order to encourage greater availability of political risk

insurance for eligible investors by enhancing the private political

risk insurance industry in the United States, and to the extent

consistent with this subpart, the Corporation shall undertake

programs of cooperation with such industry, and in connection with

such programs may engage in the following activities:

(1) Utilizing its statutory authorities, encourage the

development of associations, pools, or consortia of United States

private political risk insurers.

(2) Share insurance risks (through coinsurance, contingent

insurance, or other means) in a manner that is conducive to the

growth and development of the private political risk insurance

industry in the United States.

(3) Notwithstanding section 2197(e) of this title, upon the

expiration of insurance provided by the Corporation for an

investment, enter into risk-sharing agreements with United States

private political risk insurers to insure any such investment;

except that, in cooperating in the offering of insurance under

this paragraph, the Corporation shall not assume responsibility

for more than 50 percent of the insurance being offered in each

separate transaction.

(b) Advisory group

(1) Establishment and membership

The Corporation shall establish a group to advise the

Corporation on the development and implementation of the

cooperative programs under this section. The group shall be

appointed by the Board and shall be composed of up to 12 members,

including the following:

(A) Up to seven persons from the private political risk

insurance industry, of whom no fewer than two shall represent

private political risk insurers, one shall represent private

political risk reinsurers, and one shall represent insurance or

reinsurance brokerage firms.

(B) Up to four persons, other than persons described in

subparagraph (A), who are purchasers of political risk

insurance.

(2) Functions

The Corporation shall call upon members of the advisory group,

either collectively or individually, to advise it regarding the

capability of the private political risk insurance industry to

meet the political risk insurance needs of United States

investors, and regarding the development of cooperative programs

to enhance such capability.

(3) Meetings

The advisory group shall meet not later than September 30,

1989, and at least annually thereafter. The Corporation may from

time to time convene meetings of selected members of the advisory

group to address particular questions requiring their specialized

knowledge.

(4) Federal Advisory Committee Act

The advisory group shall not be subject to the Federal Advisory

Committee Act (5 U.S.C. App.).

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 234A, as added Pub. L. 99-204, Sec.

9(a), Dec. 23, 1985, 99 Stat. 1672; amended Pub. L. 100-461, title

V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(b)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on section 105(a) of title

I of H.R. 5263, One Hundredth Congress, as passed by the House of

Representatives on Sept. 20, 1988, and section 105(a) of title I of

S. 2757, One Hundredth Congress, as reported Sept. 7, 1988, and

enacted into law by Pub. L. 100-461.

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-461 amended section generally, substituting

provisions relating to enhancing private political risk insurance

industry for provisions which related to facultative reinsurance

program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2195, 2197, 2200, 2200a

of this title.

-End-

-CITE-

22 USC Sec. 2195 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2195. Issuing authority, direct investment authority and

reserves

-STATUTE-

(a) Issuing authority

(1) Insurance and financing

(A) The maximum contingent liability outstanding at any one

time pursuant to insurance issued under section 2194(a) of this

title, and the amount of financing issued under sections (!1)

2194(b) and (c) of this title, shall not exceed in the aggregate

$29,000,000,000.

(B) Subject to spending authority provided in appropriations

Acts pursuant to section 661c(b) of title 2, the Corporation is

authorized to transfer such sums as are necessary from its

noncredit activities to pay for the subsidy cost of the

investment guaranties and direct loan programs under subsections

(b) and (c) of section 2194 of this title.

(2) Termination of authority

The authority of subsections (a), (b), and (c) of section 2194

of this title shall continue until November 1, 2000.

(b) Repealed. Pub. L. 102-549, title I, Sec. 104(a)(3), Oct. 28,

1992, 106 Stat. 3652

(c) Insurance Reserve; Guaranty Reserve

There shall be established in the Treasury of the United States

an insurance and guaranty fund, which shall have separate accounts

to be known as the Insurance Reserve and the Guaranty Reserve,

which reserves shall be available for discharge of liabilities, as

provided in subsection (d) of this section, until such time as all

such liabilities have been discharged or have expired or until all

such reserves have been expended in accordance with the provisions

of this section. Such fund shall be funded by: (1) the funds

heretofore available to discharge liabilities under predecessor

guaranty authority (including housing guaranty authorities), less

both the amount made available for housing guaranty programs

pursuant to section 2183(b) of this title and the amount made

available to the Corporation pursuant to subsection (e) of this

section; and (2) such sums as shall be appropriated pursuant to

subsection (f) of this section for such purpose. The allocation of

such funds to each such reserve shall be determined by the Board

after consultation with the Secretary of the Treasury. Additional

amounts may thereafter be transferred to such reserves pursuant to

section 2196 of this title.

(d) Priority of funds used to discharge liabilities

Any payments made to discharge liabilities under investment

insurance or reinsurance issued under section 2194 of this title,

under similar predecessor guaranty authority, or under section

2194b of this title shall be paid first out of the Insurance

Reserve, as long as such reserve remains available, and thereafter

out of funds made available pursuant to subsection (f) of this

section. Any payments made to discharge liabilities under

guaranties issued under section 2194(b) of this title or under

similar predecessor guaranty authority shall be paid first out of

the Guaranty Reserve as long as such reserve remains available, and

thereafter out of funds made available pursuant to subsection (f)

of this section.

(e) Reserves from predecessor guaranty authority

There is hereby authorized to be transferred to the Corporation

at its call, for the purposes specified in section 2196 of this

title, all fees and other revenues collected under predecessor

guaranty authority from December 31, 1968, available as of the date

of such transfer.

(f) Authorization of appropriations; issuance, etc., of obligations

by Corporation for purchase by Secretary of the Treasury

There are authorized to be appropriated to the Corporation, to

remain available until expended, such amounts as may be necessary

from time to time to replenish or increase the insurance and

guaranty fund, to discharge the liabilities under insurance,

reinsurance, or guaranties issued by the Corporation or issued

under predecessor guaranty authority, or to discharge obligations

of the Corporation purchased by the Secretary of the Treasury

pursuant to this subsection. However, no appropriations shall be

made to augment the Insurance Reserve until the amount of funds in

the Insurance Reserve is less than $25,000,000. Any appropriations

to augment the Insurance Reserve shall then only be made either

pursuant to specific authorization enacted after August 27, 1974,

or to satisfy the full faith and credit provision of section

2197(c) of this title. In order to discharge liabilities under

investment insurance or reinsurance, the Corporation is authorized

to issue from time to time for purchase by the Secretary of the

Treasury its notes, debentures, bonds, or other obligations; but

the aggregate amount of such obligations outstanding at any one

time shall not exceed $100,000,000. Any such obligation shall be

repaid to the Treasury within one year after the date of issue of

such obligation. Any such obligation shall bear interest at a rate

determined by the Secretary of the Treasury, taking into

consideration the current average market yield on outstanding

marketable obligations of the United States of comparable

maturities during the month preceding the issuance of any

obligation authorized by this subsection. The Secretary of the

Treasury shall purchase any obligation of the Corporation issued

under this subsection, and for such purchase he may use as a public

debt transaction the proceeds of the sale of any securities issued

under chapter 31 of title 31 after August 27, 1974. The purpose for

which securities may be issued under such chapter shall include any

such purchase.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 235, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 813; amended Pub. L. 93-189, Sec.

6(1), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-390, Sec. 2(3), Aug.

27, 1974, 88 Stat. 766; Pub. L. 95-268, Sec. 4, Apr. 24, 1978, 92

Stat. 214; Pub. L. 97-65, Sec. 5(a), (b)(1), (c), Oct. 16, 1981, 95

Stat. 1022, 1023; Pub. L. 99-204, Secs. 9(b)(1), 10, 17(b), Dec.

23, 1985, 99 Stat. 1673, 1676; Pub. L. 100-418, title II, Sec.

2203(b), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 100-461, title V,

Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 102-549, title

I, Sec. 104, Oct. 28, 1992, 106 Stat. 3652; Pub. L. 103-392, title

I, Secs. 101-104, Oct. 22, 1994, 108 Stat. 4098; Pub. L. 104-208,

div. A, title I, Sec. 101(c) [title I], Sept. 30, 1996, 110 Stat.

3009-121, 3009-123; Pub. L. 105-118, title V, Sec. 581, Nov. 26,

1997, 111 Stat. 2435; Pub. L. 106-113, div. B, Sec. 1000(a)(2)

[title V, Sec. 599E], Nov. 29, 1999, 113 Stat. 1535, 1501A-132;

Pub. L. 106-158, Sec. 2, Dec. 9, 1999, 113 Stat. 1745.)

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on sections 106 and 107 of

title I of H.R. 5263, One Hundredth Congress, as passed by the

House of Representatives on Sept. 20, 1988, and sections 106 and

107 of title I of S. 2757, One Hundredth Congress, as reported

Sept. 7, 1988, and enacted into law by Pub. L. 100-461.

In subsec. (f), "chapter 31 of title 31" and "such chapter"

substituted for "the Second Liberty Bond Act" and "such Bond Act",

respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31,

Money and Finance.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-158, which directed the

amendment of par. (2) by substituting "2003" for "1999" could not

be executed because "1999" did not appear in text subsequent to

amendment by Pub. L. 106-113. See below.

Pub. L. 106-113, which directed amendment of par. (2) by

substituting "November 1, 2000" for "1999", was executed by making

the substitution for "September 30, 1999", to reflect the probable

intent of Congress.

1997 - Subsec. (a). Pub. L. 105-118 added heading and text of

par. (1)(A), redesignated par. (2)(B) as subpar. (B) of par. (1),

redesignated par. (3) as (2) and substituted "subsections (a), (b),

and (c) of section 2194 of this title" for "subsections (a) and (b)

of section 2194 of this title" and "September 30, 1999" for

"September 30, 1997", and struck out former pars. (1) and (2)(A)

which read as follows:

"(1) Insurance. - The maximum contingent liability outstanding at

any one time pursuant to insurance issued under section 2194(a) of

this title shall not exceed in the aggregate $13,500,000,000.

"(2) Financing. - (A) The maximum contingent liability

outstanding at any one time pursuant to financing issued under

subsections (b) and (c) of section 2194 of this title shall not

exceed in the aggregate $9,500,000,000."

1996 - Subsec. (a)(3). Pub. L. 104-208 substituted "1997" for

"1996".

1994 - Subsec. (a)(1). Pub. L. 103-392, Sec. 101, substituted

"$13,500,000,000" for "$9,000,000,000".

Subsec. (a)(2). Pub. L. 103-392, Sec. 102, amended heading and

text of par. (2). Prior to amendment, text read as follows:

"(A) The maximum contingent liability outstanding at any one time

pursuant to guarantees issued under section 2194(b) of this title

shall not exceed in the aggregate $2,500,000,000.

"(B) Subject to spending authority provided in appropriations

Acts, pursuant to section 661c(b) of title 2, the Corporation is

authorized -

"(i) to transfer $9,800,000, or such sums as are necessary,

from its noncredit account revolving fund to pay for the subsidy

cost of a program level for the loan and loan guarantee program

under subsections (b) and (c) of section 2194 of this title of

$650,000,000 for fiscal year 1993; and

"(ii) to transfer such sums as are necessary from its noncredit

account revolving fund to pay for the subsidy cost of a program

level for the loan and loan guarantee program under subsections

(b) and (c) of section 2194 of this title of $850,000,000 for

fiscal year 1994."

Subsec. (a)(3). Pub. L. 103-392, Sec. 103, substituted "1996" for

"1994".

Subsec. (g). Pub. L. 103-392, Sec. 104, struck out heading and

text of subsec. (g). Text read as follows: "Subject to spending

authority provided in appropriations Acts, the Corporation is

authorized to draw from its noncredit account revolving fund for

the administrative costs of its direct loan and loan guarantee

programs -

"(1) $8,128,000 for fiscal year 1993; and

"(2) $11,000,000 for fiscal year 1994."

1992 - Pub. L. 102-549, Sec. 104(a)(1), amended section

catchline.

Subsec. (a). Pub. L. 102-549, Sec. 104(a)(2), amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"(1) The maximum contingent liability outstanding at any one time

pursuant to insurance issued under section 2194(a) of this title

shall not exceed $7,500,000,000.

"(2) The maximum contingent liability outstanding at any one time

pursuant to guaranties issued under section 2194(b) of this title

shall not exceed in the aggregate $1,500,000,000. Commitments to

guarantee loans are authorized for any fiscal year only to such

extent or in such amounts as are provided in appropriation Acts.

"(3) The Corporation shall not make any commitment to issue any

guaranty which would result in a reserve less than 25 per centum of

the maximum contingent liability then outstanding against

guaranties issued or commitments made pursuant to section 2194(b)

of this title or similar predecessor guaranty authority.

"(4) The Congress, in considering the budget programs transmitted

by the President for the Corporation, pursuant to section 9104 of

title 31, may limit the obligations and contingent liabilities to

be undertaken under section 2194(a) and (b) of this title as well

as the use of funds for operating and administrative expenses.

"(5) Subject to paragraphs (2), (3), and (4), the Corporation

shall issue guaranties under section 2194(b) of this title having

an aggregate contingent liability with respect to principal of not

less than $200,000,000 in each fiscal year, to the extent that

there are eligible projects which meet the Corporation's criteria

for such guaranties.

"(6) The authority of section 2194(a) and (b) of this title shall

continue until September 30, 1992."

Subsec. (b). Pub. L. 102-549, Sec. 104(a)(3), struck out subsec.

(b) which provided for establishment of a revolving fund, known as

the Direct Investment Fund, to be held by the Corporation.

Subsec. (g). Pub. L. 102-549, Sec. 104(b), added subsec. (g).

1988 - Subsec. (a)(2). Pub. L. 100-461 substituted

"$1,500,000,000" for "$1,000,000,000".

Pub. L. 100-418, Sec. 2203(b)(1)(A), substituted "$1,000,000,000"

for "$750,000,000".

Subsec. (a)(5). Pub. L. 100-418, Sec. 2203(b)(1)(C), added par.

(5). Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 100-461 substituted "1992" for "1988".

Pub. L. 100-418, Sec. 2203(b)(1)(B), redesignated par. (5) as

(6).

Subsec. (b). Pub. L. 100-418, Sec. 2203(b)(2), in cl. (2),

substituted "1981." for "1981,", and in closing provisions

substituted "The Corporation shall make loans under section 2194(c)

of this title in an aggregate amount of not less than $25,000,000

in each fiscal year, to the extent that there are eligible projects

which meet the Corporation's criteria for such loans" for "and the

Corporation shall use the funds so transferred to make loans under

section 2194(c) of this title to the extent that there are eligible

projects which meet the Corporation's criteria for funding".

1985 - Subsec. (a)(5). Pub. L. 99-204, Sec. 10, substituted

"1988" for "1985".

Subsec. (c). Pub. L. 99-204, Sec. 17(b)(1), substituted

references to subsecs. (d), (e), and (f) of this section for

references to sections 2195(d), 2194(e), and 2195(f), respectively,

of this title.

Subsec. (d). Pub. L. 99-204, Sec. 9(b)(1), substituted ", under

similar predecessor guaranty authority, or under section 2194b of

this title" for "or under similar predecessor guaranty authority".

Pub. L. 99-204, Sec. 17(b)(2), substituted reference to subsec.

(f) of this section for reference to section 2195(f) of this title

wherever appearing.

1981 - Subsec. (a)(2). Pub. L. 97-65, Sec. 5(a)(1), substituted

provisions that commitments to guarantee loans are authorized for

any fiscal year only to such extent or in such amounts as are

provided in appropriation Acts for provisions that the Corporation

not make any commitment to issue any guaranty which would result in

a fractional reserve less than 25 per centum of the maximum

contingent liability then outstanding against guaranties issued or

commitments made pursuant to section 2194(b) of this title or

similar predecessor guaranty authority. See par. (3).

Subsec. (a)(3). Pub. L. 97-65, Sec. 5(a)(2), added par. (3) which

consisted of provisions formerly contained in par. (2). Former par.

(3) redesignated (4).

Subsec. (a)(4). Pub. L. 97-65, Sec. 5(a)(2)(A), redesignated par.

(3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 97-65, Sec. 5(a)(2)(A), (b)(1),

redesignated former par. (4) as (5) and substituted "September 30,

1985" for "September 30, 1981".

Subsec. (b). Pub. L. 97-65, Sec. 5(c), inserted provisions

relating to the transfer to the Fund of certain moneys in fiscal

year 1982 and in each fiscal year thereafter and the making of

loans from those moneys under section 2194(c) of this title to the

extent that there are eligible projects which meet the

Corporation's criteria for funding.

1978 - Subsec. (a)(2). Pub. L. 95-268, Sec. 4(1), struck out

limitation on guaranties by credit unions of not to exceed

$1,250,000.

Subsec. (a)(4). Pub. L. 95-268, Sec. 4(2), substituted "September

30, 1981" for "December 31, 1977".

1974 - Subsec. (a)(4). Pub. L. 93-390, Sec. 2(3)(A), substituted

"December 31, 1977" for "December 31, 1974".

Subsec. (d). Pub. L. 93-390, Sec. 2(3)(B), substituted "insurance

or reinsurance issued under section 2194 of this title" for

"insurance issued under section 2194(a) of this title".

Subsec. (f). Pub. L. 93-390, Sec. 2(3)(C), inserted provisions

authorizing appropriations to discharge liabilities under

reinsurance or obligations of the Corporation purchased by the

Secretary of the Treasury, provisions relating to appropriations to

augment the Insurance Reserve, and provisions relating to the

issuance, sale, etc., of notes, debentures, bonds, or other

obligations by the Corporation for purchase by the Secretary of the

Treasury.

1973 - Subsec. (a)(4). Pub. L. 93-189 substituted "December 31,

1974" for "June 30, 1974".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2194, 2196 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

22 USC Sec. 2196 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2196. Income and revenues

-STATUTE-

In order to carry out the purposes of the Corporation, all

revenues and income transferred to or earned by the Corporation,

from whatever source derived, shall be held by the Corporation and

shall be available to carry out its purposes, including without

limitation -

(a) payment of all expenses of the Corporation, including

investment promotion expenses;

(b) transfers and additions to the insurance or guaranty

reserves, the Direct Investment Fund established pursuant to

section 2195 of this title, and such other funds or reserves as

the Corporation may establish, at such time and in such amounts

as the Board may determine; and

(c) payment of dividends, on capital stock, which shall consist

of and be paid from net earnings of the Corporation after

payments, transfers, and additions under subsections (a) and (b)

hereof.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 236, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 814.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2182a, 2195, 2198 of this

title.

-End-

-CITE-

22 USC Sec. 2197 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2197. General provisions relating to insurance, guaranty,

financing, and reinsurance programs

-STATUTE-

(a) Scope

Insurance, guaranties, and reinsurance issued under this subpart

shall cover investment made in connection with projects in any less

developed friendly country or area with the government of which the

President of the United States has agreed to institute a program

for insurance, guaranties, or reinsurance.

(b) Protection of interest

The Corporation shall determine that suitable arrangements exist

for protecting the interest of the Corporation in connection with

any insurance, guaranty or reinsurance issued under this subpart,

including arrangements concerning ownership, use, and disposition

of the currency, credits, assets, or investments on account of

which payment under such insurance, guaranty or reinsurance is to

be made, and any right, title, claim, or cause of action existing

in connection therewith.

(c) Guaranties as obligations backed by full faith and credit of

United States

All guaranties issued prior to July 1, 1956, all guaranties

issued under sections 1872(b) (!1) and 1933(b) (!1) of this title,

all guaranties heretofore issued pursuant to prior guaranty

authorities repealed by the Foreign Assistance Act of 1969, and all

insurance, reinsurance and guaranties issued pursuant to this

subpart shall constitute obligations, in accordance with the terms

of such insurance, reinsurance or guaranties, of the United States

of America and the full faith and credit of the United States of

America is hereby pledged for the full payment and performance of

such obligations.

(d) Fees

(1) In general

Fees may be charged for providing insurance, reinsurance,

financing, and other services under this subpart in amounts to be

determined by the Corporation. In the event fees charged for

insurance, reinsurance, financing, or other services are reduced,

fees to be paid under existing contracts for the same type of

insurance, reinsurance, financing, or services and for similar

guarantees issued under predecessor guarantee authority may be

reduced.

(2) Credit transaction costs

Project-specific transaction costs incurred by the Corporation

relating to loan obligations or loan guarantee commitments

covered by the provisions of the Federal Credit Reform Act of

1990 [2 U.S.C. 661 et seq.], including the costs of

project-related travel and expenses for legal representation

provided by persons outside the Corporation and other similar

expenses which are charged to the borrower, shall be paid out of

the appropriate finance account established pursuant to section

505(b) of such Act [2 U.S.C. 661d(b)].

(3) Noncredit transaction costs

Fees paid for the project-specific transaction costs and other

direct costs associated with services provided to specific

investors or potential investors pursuant to section 2194 of this

title (other than those covered in paragraph (2)), including

financing, insurance, reinsurance, missions, seminars,

conferences, and other preinvestment services, shall be available

for obligation for the purposes for which they were collected,

notwithstanding any other provision of law.

(e) Maximum term of obligation

No insurance, guaranty, or reinsurance of any equity investment

shall extend beyond twenty years from the date of issuance.

(f) Limitations on amounts

Compensation for insurance, reinsurance, or guaranties issued

under this subpart shall not exceed the dollar value, as of the

date of the investment, of the investment made in the project with

the approval of the Corporation plus interest, earnings, or profits

actually accrued on such investment to the extent provided by such

insurance, reinsurance, or guaranty, except that the Corporation

may provide that (1) appropriate adjustments in the insured dollar

value be made to reflect the replacement cost of project assets,

(2) compensation for a claim of loss under insurance of an equity

investment may be computed on the basis of the net book value

attributable to such equity investment on the date of loss, and (3)

compensation for loss due to business interruption may be computed

on a basis to be determined by the Corporation which reflects

amounts lost. Notwithstanding the preceding sentence, the

Corporation shall limit the amount of direct insurance and

reinsurance issued by it under section 2194 or 2194b of this title

so that risk of loss as to at least 10 per centum of the total

investment of the insured and its affiliates in the project is

borne by the insured and such affiliates, except that such

limitation shall not apply to direct insurance or reinsurance of

loans by banks or other financial institutions to unrelated

parties.

(g) Fraud or misrepresentation

No payment may be made under any guaranty, insurance, or

reinsurance issued pursuant to this subpart for any loss arising

out of fraud or misrepresentation for which the party seeking

payment is responsible.

(h) Limits of obligation

Insurance, guaranties, or reinsurance of a loan or equity

investment of an eligible investor in a foreign bank, finance

company, or other credit institution shall extend only to such loan

or equity investment and not to any individual loan or equity

investment made by such foreign bank, finance company, or other

credit institution.

(i) Claims settlement

Claims arising as a result of insurance, reinsurance, or guaranty

operations under this subpart or under predecessor guaranty

authority may be settled, and disputes arising as a result thereof

may be arbitrated with the consent of the parties, on such terms

and conditions as the Corporation may determine. Payment made

pursuant to any such settlement, or as a result of an arbitration

award, shall be final and conclusive notwithstanding any other

provision of law.

(j) Presumption of compliance

Each guaranty contract executed by such officer or officers as

may be designated by the Board shall be conclusively presumed to be

issued in compliance with the requirements of this chapter.

(k) Balance of payments

In making a determination to issue insurance, guaranties, or

reinsurance under this subpart, the Corporation shall consider the

possible adverse effect of the dollar investment under such

insurance, guaranty, or reinsurance upon the balance of payments of

the United States.

(g742l) Convictions under Foreign Corrupt Practices Act of 1977;

prohibition on payments for losses resulting from unlawful

activities; suspension from eligibility of receipt of financial

support

(1) No payment may be made under any insurance or reinsurance

which is issued under this subpart on or after April 24, 1978, for

any loss occurring with respect to a project, if the preponderant

cause of such loss was an act by the investor seeking payment under

this subpart, by a person possessing majority ownership and control

of the investor at the time of the act, or by any agent of such

investor or controlling person, and a court of the United States

has entered a final judgment that such act constituted a violation

under the Foreign Corrupt Practices Act of 1977.

(2) Not later than 120 days after April 24, 1978, the Corporation

shall adopt regulations setting forth appropriate conditions under

which any person convicted under the Foreign Corrupt Practices Act

of 1977 for an offense related to a project insured or otherwise

supported by the Corporation shall be suspended, for a period of

not more than five years, from eligibility to receive any

insurance, reinsurance, guaranty, loan, or other financial support

authorized by this subpart.

(m) Notification of countries of environmental restrictions on

certain activities

(1) Before finally providing insurance, reinsurance, guarantees,

or financing under this subpart for any environmentally sensitive

investment in connection with a project in a country, the

Corporation shall notify appropriate government officials of that

country of -

(A) all guidelines and other standards adopted by the

International Bank for Reconstruction and Development and any

other international organization relating to the public health or

safety or the environment which are applicable to the project;

and

(B) to the maximum extent practicable, any restriction under

any law of the United States relating to public health or safety

or the environment that would apply to the project if the project

were undertaken in the United States.

The notification under the preceding sentence shall include a

summary of the guidelines, standards, and restrictions referred to

in subparagraphs (A) and (B), and may include any environmental

impact statement, assessment, review, or study prepared with

respect to the investment pursuant to section 2199(g) of this

title.

(2) Before finally providing insurance, reinsurance, guarantees,

or financing for any investment subject to paragraph (1), the

Corporation shall take into account any comments it receives on the

project involved.

(3) On or before September 30, 1986, the Corporation shall notify

appropriate government officials of a country of the guidelines,

standards, and legal restrictions described in paragraph (1) that

apply to any project in that country -

(A) which the Corporation identifies as potentially posing

major hazards to public health and safety or the environment; and

(B) for which the Corporation provided insurance, reinsurance,

guarantees, or financing under this subpart before December 23,

1985, and which is in the Corporation's portfolio on that date.

(n) Penalties for fraud

Whoever knowingly makes any false statement or report, or

willfully overvalues any land, property, or security, for the

purpose of influencing in any way the action of the Corporation

with respect to any insurance, reinsurance, guarantee, loan, equity

investment, or other activity of the Corporation under section 2194

of this title or any change or extension of any such insurance,

reinsurance, guarantee, loan, equity investment, or activity, by

renewal, deferment of action or otherwise, or the acceptance,

release, or substitution of security therefor, shall be fined not

more than $1,000,000 or imprisoned not more than 30 years, or both.

(g742o) Use of local currencies

Direct loans or investments made in order to preserve the value

of funds received in inconvertible foreign currency by the

Corporation as a result of activities conducted pursuant to section

2194(a) of this title shall not be considered in determining

whether the Corporation has made or has outstanding loans or

investments to the extent of any limitation on obligations and

equity investment imposed by or pursuant to this subpart. The

provisions of section 504(b) of the Federal Credit Reform Act of

1990 [2 U.S.C. 661c(b)] shall not apply to direct loan obligations

made with funds described in this subsection.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 237, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 814; amended Pub. L. 93-390, Sec.

2(4), Aug. 27, 1974, 88 Stat. 767; Pub. L. 95-268, Secs. 5, 6, Apr.

24, 1978, 92 Stat. 215; Pub. L. 97-65, Sec. 6, Oct. 16, 1981, 95

Stat. 1023; Pub. L. 99-204, Secs. 4(b), 6(b), 9(b)(2), Dec. 23,

1985, 99 Stat. 1670, 1671, 1673; Pub. L. 100-461, title V, Sec.

555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 102-549, title I,

Sec. 105, Oct. 28, 1992, 106 Stat. 3652.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1872(b) and 1933(b) of this title, referred to in

subsec. (c), were repealed by Pub. L. 87-195, pt. III, Sec.

642(a)(2), Sept. 4, 1961, 75 Stat. 460. Section 642(b) of Pub. L.

87-195 provided that references to provisions of law repealed by

subsec. (a) were to be deemed references to the appropriate

provisions of Pub. L. 87-195. See sections 2163 and 2351 of this

title.

The Foreign Assistance Act of 1969, referred to in subsec. (c),

is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables. The

guaranty authorities repealed by the 1969 Act were the guaranty

authorities contained in sections 2181 to 2184 prior to the general

reorganization of subpart III by the 1969 Act.

The Federal Credit Reform Act of 1990, referred to in subsec.

(d)(2), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,

title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which

is classified generally to subchapter III (Sec. 661 et seq.) of

chapter 17A of Title 2, The Congress. For complete classification

of this Act to the Code, see Short Title note set out under section

621 of Title 2 and Tables.

This chapter, referred to in subsec. (j), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, 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 Foreign Corrupt Practices Act of 1977, referred to in subsec.

(l), is title I of Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, as

amended, which enacted sections 78dd-1 to 78dd-3 of Title 15,

Commerce and Trade, and amended sections 78m and 78ff of Title 15.

For complete classification of this Act to the Code, see Short

Title of 1977 Amendment note set out under section 78a of Title 15

and Tables.

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on section 110(c) of title

I of H.R. 5263, One Hundredth Congress, as passed by the House of

Representatives on Sept. 20, 1988, and section 110(c) of title I of

S. 2757, One Hundredth Congress, as reported Sept. 7, 1988, and

enacted into law by Pub. L. 100-461.

-MISC1-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-549, Sec. 105(a), amended subsec.

(d) generally. Prior to amendment, subsec. (d) read as follows:

"Fees shall be charged for insurance, guaranty, and reinsurance

coverage in amounts to be determined by the Corporation. In the

event fees charged for investment insurance, guaranties, or

reinsurance are reduced, fees to be paid under existing contracts

for the same type of insurance, guaranties, or reinsurance and for

similar guaranties issued under predecessor guaranty authority may

be reduced."

Subsecs. (n), (o). Pub. L. 102-549, Sec. 105(b), (c), added

subsecs. (n) and (o).

1988 - Pub. L. 100-461 inserted reference to financing in section

catchline.

1985 - Subsec. (f). Pub. L. 99-204, Sec. 6(b), added cl. (3).

Pub. L. 99-204, Sec. 9(b)(2), inserted "or 2194b" after "section

2194".

Subsec. (m). Pub. L. 99-204, Sec. 4(b), added subsec. (m).

1981 - Subsec. (f). Pub. L. 97-65 substituted "Compensation for

insurance, reinsurance, or guaranties issued under this subpart

shall not exceed the dollar value, as of the date of the

investment, of the investment made in the project with the approval

of the Corporation plus interest, earnings, or profits actually

accrued on such investment to the extent provided by such

insurance, reinsurance, or guaranty, except that the Corporation

may provide that (1) appropriate adjustments in the insured dollar

value be made to reflect the replacement cost of project assets,

and (2) compensation for a claim of loss under insurance of an

equity investment may be computed on the basis of the net book

value attributable to such equity investment on the date of loss"

for "No insurance, reinsurance, or guaranty issued under this

subpart shall exceed the dollar value, as of the date of the

investment, of the investment made in the project with the approval

of the Corporation plus interest, earnings or profits actually

accrued on said investment to the extent provided by such

insurance, reinsurance, or guaranty, except that the Corporation

may provide for appropriate adjustments in the insured dollar value

to reflect the replacement cost of project assets", and struck out

provision that the preceding sentence not apply to the extent not

permitted by State law.

1978 - Subsec. (f). Pub. L. 95-268, Sec. 5, inserted provisions

excepting from dollar amounts adjustments in the insured dollar

amounts to reflect replacement cost of project assets, and

provisions excepting from limitations loans by banks or other

financial institutions to unrelated parties.

Subsec. (l). Pub. L. 95-268, Sec. 6, added subsec. (l).

1974 - Subsecs. (a) to (c). Pub. L. 93-390, Sec. 2(4)(A)-(C),

inserted references to reinsurance wherever appearing.

Subsec. (d). Pub. L. 93-390, Sec. 2(4)(D), inserted provisions

authorizing fees to be charged for reinsurance and reduction of

reinsurance fees under existing contracts in the event fees charged

for reinsurance are reduced.

Subsec. (e). Pub. 93-390, Sec. 2(4)(E), inserted reference to

reinsurance.

Subsec. (f). Pub. L. 93-390, Sec. 2(4)(F), (G), inserted

"reinsurance" before "or guaranty" wherever appearing and

provisions relating to limitations on the amount of direct

insurance or reinsurance.

Subsec. (g). Pub. L. 93-390, Sec. 2(4)(H), inserted applicability

to insurance and reinsurance.

Subsecs. (h) to (k). Pub. L. 93-390, Sec. 2(4)(I)-(K), inserted

reference to reinsurance wherever appearing.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2194b, 2195, 2199 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2198 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2198. Definitions

-STATUTE-

As used in this subpart -

(a) the term "investment" includes any contribution or

commitment of funds, commodities, services, patents, processes,

or techniques, in the form of (1) a loan or loans to an approved

project, (2) the purchase of a share of ownership in any such

project, (3) participation in royalties, earnings, or profits of

any such project, and (4) the furnishing of commodities or

services pursuant to a lease or other contract;

(b) the term "expropriation" includes, but is not limited to,

any abrogation, repudiation, or impairment by a foreign

government of its own contract with an investor with respect to a

project, where such abrogation, repudiation, or impairment is not

caused by the investor's own fault or misconduct, and materially

adversely affects the continued operation of the project;

(c) the term "eligible investor" means: (1) United States

citizens; (2) corporations, partnerships, or other associations

including nonprofit associations, created under the laws of the

United States, any State or territory thereof, or the District of

Columbia, and substantially beneficially owned by United States

citizens; and (3) foreign corporations, partnerships, of other

associations wholly owned by one or more such United States

citizens, corporations, partnerships, or other associations:

Provided, however, That the eligibility of such foreign

corporation shall be determined without regard to any shares, in

aggregate less than 5 per centum of the total of issued and

subscribed share capital, held by other than the United States

owners: Provided further, That in the case of any loan investment

a final determination of eligibility may be made at the time the

insurance or guaranty is issued; in all other cases, the investor

must be eligible at the time a claim arises as well as at the

time the insurance or guaranty is issued;

(d) the term "noncredit account revolving fund" means the

account in which funds under section 2196 of this title and all

funds from noncredit activities are held; and (!1)

(e) the term "noncredit activities" means all activities of the

Corporation other than its loan guarantee program under section

2194(b) of this title and its direct loan program under section

2194(c) of this title; (!2)

(f) the term "predecessor guaranty authority" means prior

guaranty authorities (other than housing guaranty authorities)

repealed by the Foreign Assistance Act of 1969, and sections

1509(b)(3), 1872(b), and 1933(b) (!3) of this title (exclusive of

authority relating to informational media guaranties).

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 238, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 815; amended Pub. L. 92-226, pt.

I, Sec. 104(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 97-65, Sec. 7,

Oct. 16, 1981, 95 Stat. 1024; Pub. L. 99-204, Sec. 17(a), Dec. 23,

1985, 99 Stat. 1676; Pub. L. 102-549, title I, Sec. 106, Oct. 28,

1992, 106 Stat. 3653.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1969, referred to in subsec. (f),

is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. For

complete classification of this Act to the Code, see Short Title of

1969 Amendment note set out under section 2151 of this title and

Tables. The guaranty authorities repealed by the 1969 Act were the

guaranty authorities contained in sections 2181 to 2184 prior to

the general reorganization of subpart III by the 1969 Act.

Section 1509(b)(3) of this title, referred to in subsec. (f), was

repealed by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(4), 68

Stat. 861.

Sections 1872(b) and 1933(b) of this title, referred to in

subsec. (f), were repealed by Pub. L. 87-195, pt. III, Sec.

642(a)(2), Sept. 4, 1961, 75 Stat. 460. Section 642(b) of Pub. L.

87-195 provided that references to provisions of law repealed by

subsec. (a) were to be deemed references to the appropriate

provisions of Pub. L. 87-195. See sections 2163 and 2351 of this

title.

-MISC1-

AMENDMENTS

1992 - Subsecs. (c) to (f). Pub. L. 102-549 struck out "and" at

end of subsec. (c), added subsecs. (d) and (e), and redesignated

former subsec. (d) as (f).

1985 - Subsec. (c)(2). Pub. L. 99-204 inserted reference to the

District of Columbia.

1981 - Subsec. (a). Pub. L. 97-65 substituted "contribution or

commitment of funds" for "contribution of funds".

1972 - Subsec. (c). Pub. L. 92-226 struck out "required by law to

be" after "share capital," in first proviso.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2182, 2186 of this title.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

(!2) So in original. Probably should be followed by "and".

(!3) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2199 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2199. General provisions and powers

-STATUTE-

(a) Place of residence

The Corporation shall have its principal office in the District

of Columbia and shall be deemed, for purposes of venue in civil

actions, to be a resident thereof.

(b) Transfer of prior obligations, etc.; administration prior to

transfer

The President shall transfer to the Corporation, at such time as

he may determine, all obligations, assets and related rights and

responsibilities arising out of, or related to, predecessor

programs and authorities similar to those provided for in section

2194(a), (b), and (d) of this title. Until such transfer, the

agency heretofore responsible for such predecessor programs shall

continue to administer such assets and obligations, and such

programs and activities authorized under this subpart as may be

determined by the President.

(c) Audits of the Corporation

(1) The Corporation shall be subject to the applicable provisions

of chapter 91 of title 31, except as otherwise provided in this

subpart.

(2) An independent certified public accountant shall perform a

financial and compliance audit of the financial statements of the

Corporation at least once every three years, in accordance with

generally accepted Government auditing standards for a financial

and compliance audit, as issued by the Comptroller General. The

independent certified public accountant shall report the results of

such audit to the Board. The financial statements of the

Corporation shall be presented in accordance with generally

accepted accounting principles. These financial statements and the

report of the accountant shall be included in a report which

contains, to the extent applicable, the information identified in

section 9106 of title 31, and which the Corporation shall submit to

the Congress not later than six and one-half months after the end

of the last fiscal year covered by the audit. The General

Accounting Office may review the audit conducted by the accountant

and the report to the Congress in the manner and at such times as

the General Accounting Office considers necessary.

(3) In lieu of the financial and compliance audit required by

paragraph (2), the General Accounting Office shall, if the Office

considers it necessary or upon the request of the Congress, audit

the financial statements of the Corporation in the manner provided

in paragraph (2). The Corporation shall reimburse the General

Accounting Office for the full cost of any audit conducted under

this paragraph.

(4) All books, accounts, financial records, reports, files,

workpapers, and property belonging to or in use by the Corporation

and the accountant who conducts the audit under paragraph (2),

which are necessary for purposes of this subsection, shall be made

available to the representatives of the General Accounting Office.

(d) Powers of Corporation

To carry out the purposes of this subpart, the Corporation is

authorized to adopt and use a corporate seal, which shall be

judicially noticed; to sue and be sued in its corporate name; to

adopt, amend, and repeal bylaws governing the conduct of its

business and the performance of the powers and duties granted to or

imposed upon it by law; to acquire, hold or dispose of, upon such

terms and conditions as the Corporation may determine, any

property, real, personal, or mixed, tangible or intangible, or any

interest therein; to invest funds derived from fees and other

revenues in obligations of the United States and to use the

proceeds therefrom, including earnings and profits, as it shall

deem appropriate; to indemnify directors, officers, employees and

agents of the Corporation for liabilities and expenses incurred in

connection with their Corporation activities; notwithstanding any

other provision of law, to represent itself or to contract for

representation in all legal and arbitral proceedings; to enter into

limited-term contracts with nationals of the United States for

personal services to carry out activities in the United States and

abroad under subsections (d) and (e) of section 2194 of this title;

to purchase, discount, rediscount, sell, and negotiate, with or

without its endorsement or guaranty, and guarantee notes,

participation certificates, and other evidence of indebtedness

(provided that the Corporation shall not issue its own securities,

except participation certificates for the purpose of carrying out

section 2191(c) or participation certificates as evidence of

indebtedness held by the Corporation in connection with settlement

of claims under section 2197(i) of this title); to make and carry

out such contracts and agreements as are necessary and advisable in

the conduct of its business; to exercise any priority of the

Government of the United States in collecting debts from bankrupt,

insolvent, or decedents' estates; to determine the character of and

the necessity for its obligations and expenditures, and the manner

in which they shall be incurred, allowed, and paid, subject to

provisions of law specifically applicable to Government

corporations; to collect or compromise any obligations assigned to

or held by the Corporation, including any legal or equitable rights

accruing to the Corporation; and to take such actions as may be

necessary or appropriate to carry out the powers herein or

hereafter specifically conferred upon it.

(e) Reviews, investigations, and inspections by Inspector General

of Agency for International Development

The Inspector General of the Agency for International Development

(1) may conduct reviews, investigations, and inspections of all

phases of the Corporation's operations and activities and (2) shall

conduct all security activities of the Corporation relating to

personnel and the control of classified material. With respect to

his responsibilities under this subsection, the Inspector General

shall report to the Board. The agency primarily responsible for

administering subchapter I of this chapter shall be reimbursed by

the Corporation for all expenses incurred by the Inspector General

in connection with his responsibilities under this subsection.

(f) Programs for Yugoslavia, Poland, Hungary, Romania, the People's

Republic of China, or Pakistan; national interest

Except for the provisions of this subpart, no other provision of

this chapter or any other law shall be construed to prohibit the

operation in Yugoslavia, Poland, Hungary, or any other East

European country, or the People's Republic of China, or Pakistan of

the programs authorized by this subpart, if the President

determines that the operation of such program in such country is

important to the national interest.

(g) Environmental impact assessments

The requirements of section 2151p(c) of this title relating to

environmental impact statements and environmental assessments shall

apply to any investment which the Corporation insures, reinsures,

guarantees, or finances under this subpart in connection with a

project in a country.

(h) Preparation, maintenance, and contents of development impact

profile for investment projects; development of criteria for

evaluating projects

In order to carry out the policy set forth in paragraph (1) of

the second undesignated paragraph of section 2191 of this title,

the Corporation shall prepare and maintain for each investment

project it insures, finances, or reinsures, a development impact

profile consisting of data appropriate to measure the projected and

actual effects of such project on development. Criteria for

evaluating projects shall be developed in consultation with the

Agency for International Development.

(i) Observance of and respect for human rights and fundamental

freedoms as considerations for conduct of assistance programs,

etc.; provisions applicable for determinations; exceptions

The Corporation shall take into account in the conduct of its

programs in a country, in consultation with the Secretary of State,

all available information about observance of and respect for human

rights and fundamental freedoms in such country and the effect the

operation of such programs will have on human rights and

fundamental freedoms in such country. The provisions of section

2151n of this title shall apply to any insurance, reinsurance,

guaranty, or loan issued by the Corporation for projects in a

country, except that in addition to the exception (with respect to

benefiting needy people) set forth in subsection (a) of such

section, the Corporation may support a project if the national

security interest so requires.

(j) Exemption from taxation

The Corporation, including its franchise, capital, reserves,

surplus, advances, intangible property, and income, shall be exempt

from all taxation at any time imposed by the United States, by any

territory, dependency, or possession of the United States, or by

any State, the District of Columbia, or any county, municipality,

or local taxing authority.

(k) Publication of policy guidelines

The Corporation shall publish, and make available to applicants

for insurance, reinsurance, guarantees, financing, or other

assistance made available by the Corporation under this subpart,

the policy guidelines of the Corporation relating to its programs.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 239, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 816; amended Pub. L. 92-226, pt.

I, Sec. 104(b), Feb. 7, 1972, 86 Stat. 22; Pub. L. 92-310, title

II, Sec. 227(d), June 6, 1972, 86 Stat. 207; Pub. L. 93-390, Sec.

2(5), Aug. 27, 1974, 88 Stat. 768; Pub. L. 95-268, Secs. 7, 8, Apr.

24, 1978, 92 Stat. 215, 216; Pub. L. 95-598, title III, Sec. 318,

Nov. 6, 1978, 92 Stat. 2678; Pub. L. 96-327, Aug. 8, 1980, 94 Stat.

1026; Pub. L. 97-65, Sec. 8, Oct. 16, 1981, 95 Stat. 1024; Pub. L.

97-113, title VII, Sec. 705(b)(2), Dec. 29, 1981, 95 Stat. 1545;

Pub. L. 99-204, Secs. 4(c), 11-13, Dec. 23, 1985, 99 Stat. 1670,

1673, 1674; Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102

Stat. 2268-36; Pub. L. 101-167, title V, Sec. 597(a), Nov. 21,

1989, 103 Stat. 1257; Pub. L. 101-179, title III, Sec. 302(a), Nov.

28, 1989, 103 Stat. 1311; Pub. L. 101-513, title V, Sec. 576(a),

Nov. 5, 1990, 104 Stat. 2044; Pub. L. 102-549, title I, Sec. 107,

Oct. 28, 1992, 106 Stat. 3654; Pub. L. 105-118, title V, Sec.

579(a), Nov. 26, 1997, 111 Stat. 2435.)

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on sections 108 and

110(a)(2) of title I of H.R. 5263, One Hundredth Congress, as

passed by the House of Representatives on Sept. 20, 1988, and

sections 108 and 110(a)(2) of title I of S. 2757, One Hundredth

Congress, as reported Sept. 7, 1988, and enacted into law by Pub.

L. 100-461.

-MISC2-

AMENDMENTS

1997 - Subsec. (f). Pub. L. 105-118 inserted ", or Pakistan"

after "China".

1992 - Subsec. (d). Pub. L. 102-549, after "legal and arbitral

proceedings;", inserted "to enter into limited-term contracts with

nationals of the United States for personal services to carry out

activities in the United States and abroad under subsections (d)

and (e) of section 2194 of this title;".

1990 - Subsec. (f). Pub. L. 101-513 inserted "or any other East

European country," after "Hungary,".

1989 - Subsec. (f). Pub. L. 101-179 inserted ", Poland, Hungary,"

after "Yugoslavia".

Pub. L. 101-167, which directed amendment of subsec. (f) by

inserting "Poland, Hungary," after "Yugoslavia,", did not take

effect due to similar amendment by section 302(a) of Pub. L.

101-179. See amendment note above and section 302(c) of Pub. L.

101-179, set out below.

1988 - Subsec. (f). Pub. L. 100-461, which directed that ",

Romania," be struck out, was executed by striking out ", Romania"

after "Yugoslavia", as the probable intent of Congress, because no

comma followed "Romania" in original.

Subsec. (g). Pub. L. 100-461 made technical amendment to

reference to section 2151p(c) of this title to reflect renumbering

of corresponding section of original act.

1985 - Subsec. (c). Pub. L. 99-204, Sec. 11, amended subsec. (c)

generally, designating existing provisions as par. (1),

substituting "chapter 91 of title 31" for "the Government

Corporation Control Act", and adding pars. (2) to (4).

Subsec. (g). Pub. L. 99-204, Sec. 4(c), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "Within

six months after August 27, 1974, the Corporation shall develop and

implement specific criteria intended to minimize the potential

environmental implications of projects undertaken by investors

abroad in accordance with any of the programs authorized by this

subpart."

Subsecs. (j), (k). Pub. L. 99-204, Secs. 12, 13, added subsecs.

(j) and (k).

1981 - Subsec. (d). Pub. L. 97-65, Sec. 8(1), inserted provision

authorizing the Corporation to collect or compromise any

obligations assigned to or held by the Corporation, including any

legal or equitable rights accruing to the Corporation.

Subsec. (e). Pub. L. 97-65, Sec. 8(2)(A), and Pub. L. 97-113,

Sec. 705(b)(2), made identical amendments by substituting

references to Inspector General for references to Auditor-General

wherever appearing.

Pub. L. 97-65, Sec. 8(2)(B), substituted language referring to

Inspector General's authority to reviews, investigate, and conduct

inspections of all phases of the Corporation's operations and

activities for provisions which had formerly placed upon that

official the responsibility for planning and directing the

execution of audits, reviews, investigations, and inspections of

all phases of the Corporation's operations and activities.

Subsecs. (f) to (l). Pub. L. 97-65, Sec. 8(3), redesignated

subsecs. (g), (h), (i), and (l) as (f), (g), (h), and (i),

respectively. Former subsecs. (f) providing for the establishment

of an Advisory Council, (j) providing limits for projects involving

the exploration for or the mining of or other extraction of copper,

and (k) prohibiting the granting of insurance, reinsurance,

guaranty, financing, or other financial support for projects to

establish or expand production or processing of palm oil, sugar, or

citrus crops for export, were struck out.

1980 - Subsec. (g). Pub. L. 96-327 substituted "Yugoslavia,

Romania or the People's Republic of China" for "Yugoslavia or

Romania".

1978 - Subsec. (b). Pub. L. 95-268, Sec. 7(1), struck out

provisions relating to the cessation on Dec. 31, 1979, of programs

operated by the Corporation under sections 2194(b) to (e) and 2200

of this title and transfer by the President of such programs and

all obligations, etc., arising out of such programs to other

agencies of the United States.

Subsec. (d). Pub. L. 95-598 substituted "any priority" for "the

priority".

Pub. L. 95-268, Sec. 7(2), inserted provision relating to

participation certificates as evidence of indebtedness held by

Corporation for settlement of claims under section 2197(i) of this

title.

Subsecs. (i) to (k). Pub. L. 95-268, Sec. 7(3), added subsecs.

(i) to (k).

Subsec. (l). Pub. L. 95-268, Sec. 8, added subsec. (l).

1974 - Subsec. (b). Pub. L. 93-390, Sec. 2(5)(A), inserted

provisions relating to the cessation on Dec. 31, 1979, of programs

operated by the Corporation under sections 2194(b) to (e) and 2200

of this title and transfer by the President of such programs and

all obligations, etc., arising out of such programs to other

agencies of the United States.

Subsec. (h). Pub. L. 93-390, Sec. 2(5)(B), added subsec. (h).

1972 - Subsec. (d). Pub. L. 92-310 struck out provisions which

authorized the Corporation to require bonds of officers and

employees and to pay premiums therefor.

Subsec. (g). Pub. L. 92-226 added subsec. (g).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-TRANS-

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.

-MISC3-

TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a council established by the President

or an officer of the Federal Government, such council is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a council established by the Congress, its

duration is otherwise provided by law. See sections 3(2) and 14 of

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the

Appendix to Title 5, Government Organization and Employees.

ENHANCEMENT OF NONGOVERNMENTAL SECTOR IN POLAND AND HUNGARY

Section 302(b) of Pub. L. 101-179 provided that: "In accordance

with its mandate to foster private initiative and competition and

enhance the ability of private enterprise to make its full

contribution to the development process, the Overseas Private

Investment Corporation shall support projects in Poland and Hungary

which will result in enhancement of the nongovernmental sector and

reduction of state involvement in the economy."

AVOIDANCE OF DUPLICATIVE AMENDMENTS

Section 302(c) of Pub. L. 101-179 provided that: "If the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 1990 [Pub. L. 101-167], contains the same amendment that is

made by subsection (a) of this section [see 1989 Amendment note set

out above], the amendment made by that Act shall not be effective."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2197, 2200a of this

title.

-End-

-CITE-

22 USC Sec. 2200 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2200. Small business development in less developed friendly

countries or areas; encouragement by other Federal departments,

etc., of broadened participation by United States small business

cooperatives and investors; project funding

-STATUTE-

The Corporation shall undertake, in cooperation with appropriate

departments, agencies, and instrumentalities of the United States

as well as private entities and others, to broaden the

participation of United States small business, cooperatives, and

other small United States investors in the development of small

private enterprise in less developed friendly countries or areas.

The Corporation shall allocate up to 50 per cent of its annual net

income, after making suitable provision for transfers and additions

to reserves, to assist and facilitate the development of projects

consistent with the provisions of this section. Such funds may be

expended, notwithstanding the requirements of section 2191(a) of

this title, on such terms and conditions as the Corporation may

determine, through loans, grants, or other programs authorized by

section 2194 of this title and section 2194b of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 240, as added Pub. L. 95-268, Sec. 9,

Apr. 24, 1978, 92 Stat. 216; amended Pub. L. 99-204, Sec. 9(b)(3),

Dec. 23, 1985, 99 Stat. 1673.)

-MISC1-

PRIOR PROVISIONS

A prior section 2200, Pub. L. 87-195, pt. I, Sec. 240, as added

Pub. L. 91-175, pt. I, Sec. 105, Dec. 30, 1969, 83 Stat. 817;

amended Pub. L. 92-226, pt. I, Sec. 104(c), Feb. 7, 1972, 86 Stat.

22; Pub. L. 93-189, Sec. 6(2), Dec. 17, 1973, 87 Stat. 717; Pub. L.

93-390, Sec. 2(6), Aug. 27, 1974, 88 Stat. 768, provided for

agricultural credit and self-help community development projects in

Latin America, prior to repeal by Pub. L. 93-559, Sec. 8(b), Dec.

30, 1974, 88 Stat. 1797. See section 2182a of this title.

AMENDMENTS

1985 - Pub. L. 99-204 inserted reference to section 2194b of this

title.

-End-

-CITE-

22 USC Sec. 2200a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2200a. Report to Congress

-STATUTE-

(a) Annual report

After the end of each fiscal year, the Corporation shall submit

to the Congress a complete and detailed report of its operations

during such fiscal year. Such report shall include -

(1) an assessment, based upon the development impact profiles

required by section 2199(h) of this title, of the economic and

social development impact and benefits of the projects with

respect to which such profiles are prepared, and of the extent to

which the operations of the Corporation complement or are

compatible with the development assistance programs of the United

States and other donors; and

(2) a description of any project for which the Corporation -

(A) refused to provide any insurance, reinsurance, guaranty,

financing, or other financial support, on account of violations

of human rights referred to in section 2199(i) of this title;

or

(B) notwithstanding such violations, provided such insurance,

reinsurance, guaranty, financing, or financial support, on the

basis of a determination (i) that the project will directly

benefit the needy people in the country in which the project is

located, or (ii) that the national security interest so

requires.

(b) Effect of all projects on employment in United States to be

included in annual report

(1) Each annual report required by subsection (a) of this section

shall contain projections of the effects on employment in the

United States of all projects for which, during the preceding

fiscal year, the Corporation initially issued any insurance,

reinsurance, or guaranty or made any direct loan. Each such report

shall include projections of -

(A) the amount of United States exports to be generated by

those projects, both during the start-up phase and over a period

of years;

(B) the final destination of the products to be produced as a

result of those projects; and

(C) the impact such production will have on the production of

similar products in the United States with regard to both

domestic sales and exports.

(2) The projections required by this subsection shall be based on

an analysis of each of the projects described in paragraph (1).

(3) In reporting the projections on employment required by this

subsection, the Corporation shall specify, with respect to each

project -

(A) any loss of jobs in the United States caused by the

project, whether or not the project itself creates other jobs;

(B) any jobs created by the project; and

(C) the country in which the project is located, and the

economic sector involved in the project.

No proprietary information may be disclosed under this paragraph.

(c) Repealed. Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102

Stat. 2268-36

(d) Maintenance of records

The Corporation shall maintain as part of its records -

(1) all information collected in preparing the report required

by subsection (c) of this section (as in effect before October 1,

1988), whether the information was collected by the Corporation

itself or by a contractor; and

(2) a copy of the analysis of each project analyzed in

preparing the reports required either by subsection (b) of this

section, or by subsection (c) of this section (as in effect

before October 1, 1988).

(e) Assessment of cooperative political risk insurance program

Each annual report required by subsection (a) of this section

shall include an assessment of programs implemented by the

Corporation under section 2194b(a) of this title, including the

following information, to the extent such information is available

to the Corporation:

(1) The nature and dollar value of political risk insurance

provided by private insurers in conjunction with the Corporation,

which the Corporation was not permitted to provide under this

subpart.

(2) The nature and dollar value of political risk insurance

provided by private insurers in conjunction with the Corporation,

which the Corporation was permitted to provide under this

subpart.

(3) The manner in which such private insurers and the

Corporation cooperated in recovery efforts and claims management.

(f) Information not required to be made available to public

excluded from reports

Subsections (b) and (e) of this section do not require the

inclusion in any report submitted pursuant to those subsections of

any information which would not be required to be made available to

the public pursuant to section 552 of title 5 (relating to freedom

of information).

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 240A, as added Pub. L. 91-175, pt. I,

Sec. 105, Dec. 30, 1969, 83 Stat. 818; amended Pub. L. 93-390, Sec.

2(7), Aug. 27, 1974, 88 Stat. 768; Pub. L. 95-268, Sec. 10, Apr.

24, 1978, 92 Stat. 216; Pub. L. 97-65, Sec. 9, formerly Sec. 9(a),

Oct. 16, 1981, 95 Stat. 1024, renumbered Sec. 9, Pub. L. 99-204,

Sec. 17(c)(1), Dec. 23, 1985, 99 Stat. 1677; Pub. L. 99-204, Sec.

14(a), Dec. 23, 1985, 99 Stat. 1674; Pub. L. 100-461, title V, Sec.

555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 102-549, title I,

Sec. 108, Oct. 28, 1992, 106 Stat. 3654.)

-COD-

CODIFICATION

Amendment by Pub. L. 100-461 is based on sections 105(b) and

110(b) of title I of H.R. 5263, One Hundredth Congress, as passed

by the House of Representatives on Sept. 20, 1988, and sections

105(b) and 110(b) of title I of S. 2757, One Hundredth Congress, as

reported Sept. 7, 1988, and enacted into law by Pub. L. 100-461.

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(2), (3). Pub. L. 102-549 added pars. (2) and

(3) and struck out former par. (2) which read as follows: "Each

report required by this subsection shall be based on an analysis of

each of the projects described in paragraph (1). The reports may,

however, present information and analysis in aggregate form, but

only if -

"(A) those projects which are projected to have a positive

effect on employment in the United States and those projects

which are projected to have a negative effect on employment in

the United States are grouped separately; and

"(B) there is set forth for each such grouping the key

characteristics of the projects within that grouping, including

the number of projects in each economic sector, the countries in

which the projects in each economic sector are located, and the

projected level of the impact of the projects in each economic

sector on employment in the United States and on United States

trade."

1988 - Subsec. (c). Pub. L. 100-461 repealed subsec. (c) which

related to actual effect of all projects on employment in United

States as of Sept. 30, 1986, presentation of information, and

methodology used in acquiring information and making analysis.

Subsec. (d)(1). Pub. L. 100-461 inserted "(as in effect before

October 1, 1988)" after "subsection (c) of this section".

Subsec. (d)(2). Pub. L. 100-461 substituted "either by subsection

(b) of this section, or by subsection (c) of this section (as in

effect before October 1, 1988)" for "by either subsection (b) or

(c) of this section".

Subsec. (e). Pub. L. 100-461 added subsec. (e). Former subsec.

(e) redesignated (f).

Subsec. (f). Pub. L. 100-461 redesignated subsec. (e) as (f) and

substituted "(e)" for "(c)".

1985 - Pub. L. 99-204, Sec. 14(a), designated existing provisions

as subsec. (a) and added subsecs. (b) to (e).

1981 - Pub. L. 97-65 struck out designation "(a)" before "After

the end of each fiscal year", substituted references to section

2199(h) and (i) of this title for references to section 2199(i) and

(l) of this title, respectively, in pars. (1) and (2)(A), and

struck out subsec. (b) which had provided that, not later than

Sept. 30, 1980, the Corporation was to submit to the Congress a

report on the development of private and multilateral programs for

investment insurance and any reinsurance arrangements the

Corporation had made with private insurance companies, multilateral

organizations and institutions or other entities.

1978 - Subsec. (a). Pub. L. 95-268 added cls. (1) and (2) setting

forth required contents of report.

Subsec. (b). Pub. L. 95-268 substituted provisions relating to

report to be submitted not later than Sept. 30, 1980 involving the

development and any arrangements by the Corporation with private

insurance companies, etc., for provisions relating to report

submitted not later than Jan. 1, 1976 involving the possibilities

of the Corporation transferring all of its activities to private

insurance companies, etc.

1974 - Subsec. (b). Pub. L. 93-390 substituted "January 1, 1976"

for "March 1, 1974" and "of its activities to private insurance

companies, multilateral organizations and institutions, or other

entities" for "or part of its activities to private United States

citizens, corporations, or other associations".

REPORT TO CONGRESS NOT LATER THAN JUNE 30, 1982, ON METHODS FOR

ESTIMATING THE IMPACT ON INVESTMENTS IF INSURANCE OR OTHER SUPPORT

IS NOT PROVIDED

Section 9(b) of Pub. L. 97-65, which provided for a report to

Congress by the Overseas Private Investment Corporation on the

effect on investments of lack of insurance, was repealed by Pub. L.

99-204, Sec. 17(c)(2), Dec. 23, 1985, 99 Stat. 1677.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2194b of this title.

-End-

-CITE-

22 USC Sec. 2200b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

-HEAD-

Sec. 2200b. Prohibition on noncompetitive awarding of insurance

contracts on OPIC supported exports

-STATUTE-

(a) Requirement for certification

(1) In general

Except as provided in paragraph (3), the investor on whose

behalf insurance, reinsurance, guaranties, or other financing is

provided under this subpart with respect to a project shall be

required to certify to the Corporation that any contract for the

export of goods as part of that project will include a clause

requiring that United States insurance companies have a fair and

open competitive opportunity to provide insurance against risk of

loss of such export.

(2) When certification must be made

The investor shall be required, in every practicable case, to

so certify before the insurance, reinsurance, guarantee, or other

financing is provided. In any case in which such a certification

is not made in advance, the investor shall include in the

certification the reasons for the failure to make a certification

in advance.

(3) Exception

Paragraph (1) does not apply with respect to an investor who

does not, because of the nature of the investment, have a

controlling interest in fact in the project in question.

(b) Reports by United States Trade Representative

The United States Trade Representative shall review the actions

of the Corporation under subsection (a) of this section and, after

consultation with representatives of United States insurance

companies, shall report to the Congress in the report required by

section 2241(b) of title 19 with respect to such actions.

(c) Definitions

For purposes of this section -

(1) the term "United States insurance company" includes -

(A) an individual, partnership, corporation, holding company,

or other legal entity which is authorized, or in the case of a

holding company, subsidiaries of which are authorized, by a

State to engage in the business of issuing insurance contracts

or reinsuring the risk underwritten by insurance companies; and

(B) foreign operations, branches, agencies, subsidiaries,

affiliates, or joint ventures of any entity described in

subparagraph (A);

(2) United States insurance companies shall be considered to

have had a "fair and open competitive opportunity to provide

insurance" if they -

(A) have received notice of the opportunity to provide

insurance; and

(B) have been evaluated on a nondiscriminatory basis; and

(3) the term "State" includes the District of Columbia and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 240B, as added Pub. L. 102-549, title

I, Sec. 109, Oct. 28, 1992, 106 Stat. 3654.)

-MISC1-

PRIOR PROVISIONS

A prior section 2200b, Pub. L. 87-195, pt. I, Sec. 240B, as added

Pub. L. 97-65, Sec. 10, Oct. 16, 1981, 95 Stat. 1024, related to

return of appropriated funds, prior to repeal by Pub. L. 99-204,

Sec. 15, Dec. 23, 1985, 99 Stat. 1676.

-End-

-CITE-

22 USC subpart v - disadvantaged children in asia 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart v - disadvantaged children in asia

-HEAD-

SUBPART V - DISADVANTAGED CHILDREN IN ASIA

-End-

-CITE-

22 USC Sec. 2201 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart v - disadvantaged children in asia

-HEAD-

Sec. 2201. Assistance to disadvantaged children in Asia

-STATUTE-

(a) Congressional findings

The Congress recognizes the humanitarian needs of disadvantaged

children in Asian countries where there has been or continues to be

a heavy presence of United States military and related personnel in

recent years. Moreover, the Congress finds that inadequate

provision has been made for the care and welfare of such

disadvantaged children, particularly those fathered by the (!1)

United States citizens.

(b) Authority of President

Accordingly, the President is authorized to expend up to

$3,000,000 of funds made available under part I of this subchapter,

in addition to funds otherwise available for such purposes, to help

meet the needs of these disadvantaged children in Asia by assisting

in the expansion and improvement of orphanages, hostels, day care

centers, school feeding programs, and health, education, and

welfare programs. Assistance provided under this section shall be

furnished under the auspices of and by international organizations

or private voluntary agencies operating within, and in cooperation

with, the countries of Asia where these disadvantaged children

reside.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 241, as added Pub. L. 95-424, title I,

Sec. 116, Oct. 6, 1978, 92 Stat. 952; amended Pub. L. 99-83, title

IX, Sec. 903(a), Aug. 8, 1985, 99 Stat. 268.)

-MISC1-

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of this subchapter are deemed to include a

reference to section 2293 of this title. See section 2293(d)(1) of

this title.

PRIOR PROVISIONS

A prior section 2201, Pub. L. 87-195, pt. I, Sec. 241, Sept. 4,

1961, 75 Stat. 433; Pub. L. 88-205, pt. I, Sec. 105, Dec. 16, 1963,

77 Stat. 382, related to general authority of President respecting

development research and use of funds for research into problems of

population growth, prior to repeal by Pub. L. 94-161, title III,

Sec. 306(1), Dec. 20, 1975, 89 Stat. 858.

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-83 substituted "$3,000,000" for

"$2,000,000".

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 section 2151-1 of

this title.

EFFECTIVE DATE

Section effective Oct. 1, 1978, see section 605 of Pub. L.

95-424, set out as an Effective Date of 1978 Amendment note under

section 2151 of this title.

-TRANS-

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.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC subpart vi - alliance for progress 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart vi - alliance for progress

-HEAD-

SUBPART VI - ALLIANCE FOR PROGRESS

-End-

-CITE-

22 USC Secs. 2211 to 2213 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart vi - alliance for progress

-HEAD-

Secs. 2211 to 2213. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2211, Pub. L. 87-195, pt. I, Sec. 251, as added Pub. L.

87-565, pt. I, Sec. 106, Aug. 1, 1962, 76 Stat. 257; amended Pub.

L. 88-205, pt. I, Sec. 106(a), Dec. 16, 1963, 77 Stat. 382; Pub. L.

89-583, pt. I, Sec. 105(a), Sept. 19, 1966, 80 Stat. 799; Pub. L.

90-137, pt. I, Sec. 106(a), Nov. 14, 1967, 81 Stat. 451, related to

assistance in order to promote the economic development of

countries and areas in Latin America.

Section 2212, Pub. L. 87-195, pt. I, Sec. 252, as added Pub. L.

87-565, pt. I, Sec. 106, Aug. 1, 1962, 76 Stat. 258; amended Pub.

L. 88-205, pt. I, Sec. 106(b), Dec. 16, 1963, 77 Stat. 383; Pub. L.

88-633, pt. I, Sec. 105, Oct. 7, 1964, 78 Stat. 1010; Pub. L.

89-171, pt. I, Sec. 105, Sept. 6, 1965, 79 Stat. 655; Pub. L.

89-583, pt. I, Sec. 105(b), Sept. 19, 1966, 80 Stat. 799; Pub. L.

90-137, pt. I, Sec. 106(b), Nov. 14, 1967, 81 Stat. 451; Pub. L.

90-554, pt. I, Sec. 105, Oct. 8, 1968, 82 Stat. 961; Pub. L.

91-175, pt. I, Sec. 106, Dec. 30, 1969, 83 Stat. 818; Pub. L.

92-226, pt. I, Sec. 105, Feb. 7, 1972, 86 Stat. 23; Pub. L. 93-189,

Sec. 7, Dec. 17, 1973, 87 Stat. 718, related to authorization of

appropriations for Alliance for Progress.

Section 2213, Pub. L. 87-195, pt. I, Sec. 253, as added Pub. L.

87-565, pt. I, Sec. 106, Aug. 1, 1962, 76 Stat. 258; amended Pub.

L. 88-205, pt. I, Sec. 106(c), Dec. 16, 1963, 77 Stat. 383, related

to availability of receipts from loans for Alliance for Progress.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC subpart vii - evaluation of programs 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart vii - evaluation of programs

-HEAD-

SUBPART VII - EVALUATION OF PROGRAMS

-End-

-CITE-

22 USC Sec. 2216 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart vii - evaluation of programs

-HEAD-

Sec. 2216. Repealed. Pub. L. 95-424, title I, Sec. 102(g)(1)(A),

Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 261, as added Pub. L.

88-205, pt. I, Sec. 107, Dec. 16, 1963, 77 Stat. 383, related to

appointment of a committee to review and evaluate economic

development program for less developed countries.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC subpart viii - southeast asia multilateral and

regional programs 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart viii - southeast asia multilateral and regional programs

-HEAD-

SUBPART VIII - SOUTHEAST ASIA MULTILATERAL AND REGIONAL PROGRAMS

-End-

-CITE-

22 USC Secs. 2217, 2217a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart viii - southeast asia multilateral and regional programs

-HEAD-

Secs. 2217, 2217a. Repealed. Pub. L. 95-424, title I, Sec.

102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

-MISC1-

Section 2217, Pub. L. 87-195, pt. I, Sec. 271, as added Pub. L.

89-583, pt. I, Sec. 106, Sept. 19, 1966, 80 Stat. 799, set forth

sense of Congress that acceleration of social and economic progress

would be served by an expanded effort by countries of southeast

Asia and other interested countries in cooperative programs.

Section 2217a, Pub. L. 87-195, pt. I, Sec. 272, as added Pub. L.

89-583, pt. I, Sec. 106, Sept. 19, 1966, 80 Stat. 800, related to a

number of criteria to be taken into account in providing assistance

under the Southeast Asia Multilateral and Regional Programs.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2217b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart viii - southeast asia multilateral and regional programs

-HEAD-

Sec. 2217b. Repealed. Pub. L. 90-137, pt. I, Sec. 107, Nov. 14,

1967, 81 Stat. 452

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 273, as added Pub. L.

89-583, pt. I, Sec. 106, Sept. 19, 1966, 80 Stat. 800, prescribed a

$10,000,000 limitation on use of funds for promotion of social and

economic development and stability in southeast Asia.

-End-

-CITE-

22 USC subpart ix - utilization of democratic

institutions in development 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ix - utilization of democratic institutions in development

-HEAD-

SUBPART IX - UTILIZATION OF DEMOCRATIC INSTITUTIONS IN DEVELOPMENT

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 290h of this title.

-End-

-CITE-

22 USC Sec. 2218 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart ix - utilization of democratic institutions in development

-HEAD-

Sec. 2218. Utilization of democratic institutions in development

-STATUTE-

(a) Popular participation through encouragement of democratic

institutions

In carrying out programs authorized in this part and part I of

this subchapter, emphasis shall be placed on assuring maximum

participation in the task of economic development on the part of

the people of the developing countries, through the encouragement

of democratic private and local governmental institutions.

(b) Human and intellectual resources; self-government through civic

education and training in requisite skills

In order to carry out the purposes of this section programs under

this part and part I of this subchapter shall -

(1) recognize the differing needs, desires, and capacities of

the people of the respective developing countries and areas;

(2) use the intellectual resources of such countries and areas

in conjunction with assistance provided under this chapter so as

to encourage the development of indigenous institutions that meet

their particular requirements for sustained economic and social

progress; and

(3) support civic education and training in skills required for

effective participation in governmental and political processes

essential to self-government.

(c) Political, social, and related obstacles to development;

democratic social and political trends

In the allocation of funds for research under this part and part

I of this subchapter, emphasis shall be given to research designed

to examine the political, social, and related obstacles to

development in countries receiving assistance under subchapter I of

this chapter. In particular, emphasis should be given to research

designed to increase understanding of the ways in which development

assistance can support democratic social and political trends in

recipient countries.

(d) Implementation of objectives through application of experience

gained from program evaluation

Emphasis shall also be given to the evaluation of relevant past

and current programs under subchapter I of this chapter and to

applying this experience so as to strengthen their effectiveness in

implementing the objectives of this section.

(e) Inservice training programs

In order to carry out the purposes of this section, the agency

primarily responsible for administering subchapter I of this

chapter shall develop systematic programs of inservice training to

familiarize its personnel with the objectives of this section and

to increase their knowledge of the political and social aspects of

development. In addition to other funds available for such

purposes, not to exceed 1 per centum of the funds authorized to be

appropriated for grant assistance under this part and part I of

this subchapter may be used for carrying out the objectives of this

subsection.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 281, as added Pub. L. 89-583, pt. I,

Sec. 106, Sept. 19, 1966, 80 Stat. 800; amended Pub. L. 90-137, pt.

I, Sec. 108, Nov. 14, 1967, 81 Stat. 452; Pub. L. 90-554, pt. I,

Sec. 106, Oct. 8, 1968, 82 Stat. 961; Pub. L. 95-424, title I, Sec.

102(g)(2)(A), Oct. 6, 1978, 92 Stat. 942.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(2), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, 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.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293

References to part I of this subchapter are deemed to include a

reference to section 2293 of this title. See section 2293(d)(1) of

this title.

AMENDMENTS

1978 - Subsecs. (a), (b), (c), (e). Pub. L. 95-424 inserted "and

part 1 of this subchapter" after "this part".

1968 - Subsec. (c). Pub. L. 90-554, Sec. 106(a), emphasized

research designed to increase understanding of ways in which

development assistance can support democratic social and political

trends in recipient countries.

Subsec. (e). Pub. L. 90-554, Sec. 106(b), added subsec. (e).

1967 - Pub. L. 90-137 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-End-

-CITE-

22 USC subpart x - programs relating to population growth

and family planning 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart x - programs relating to population growth and family

planning

-HEAD-

SUBPART X - PROGRAMS RELATING TO POPULATION GROWTH AND FAMILY

PLANNING

-End-

-CITE-

22 USC Secs. 2219, 2219a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart x - programs relating to population growth and family

planning

-HEAD-

Secs. 2219, 2219a. Repealed. Pub. L. 95-424, title I, Sec. 104(b),

Oct. 6, 1978, 92 Stat. 947

-MISC1-

Section 2219, Pub. L. 87-195, pt. I, Sec. 291, as added Pub. L.

90-137, pt. I, Sec. 109, Nov. 14, 1967, 81 Stat. 452, set forth a

general statement of policy concerning population growth and family

planning.

Section 2219a, Pub. L. 87-195, pt. I, Sec. 292, as added Pub. L.

90-137, pt. I, Sec. 109, Nov. 14, 1967, 81 Stat. 453; amended Pub.

L. 90-554, pt. I, Sec. 107, Oct. 8, 1968, 82 Stat. 962; Pub. L.

91-175, pt. I, Sec. 107, Dec. 30, 1969, 83 Stat. 818; Pub. L.

92-226, pt. I, Sec. 106, Feb. 7, 1972, 86 Stat. 23; Pub. L. 93-189,

Sec. 8, Dec. 17, 1973, 87 Stat. 718; Pub. L. 93-559, Sec. 4(2),

Dec. 30, 1974, 88 Stat. 1795, related to the availability of funds

on a loan or grant basis to carry out the purposes of this subpart.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC subpart xi - food production targets and reports 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xi - food production targets and reports

-HEAD-

SUBPART XI - FOOD PRODUCTION TARGETS AND REPORTS

-End-

-CITE-

22 USC Sec. 2220 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xi - food production targets and reports

-HEAD-

Sec. 2220. Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct.

6, 1978, 92 Stat. 959

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 295, as added Pub. L.

90-137, pt. I, Sec. 109, Nov. 14, 1967, 81 Stat. 453, related to

reports and recommendations to Congress by the President for each

country receiving assistance under this chapter which the President

finds has a substantial food deficit.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC subpart xii - famine prevention and freedom from

hunger 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xii - famine prevention and freedom from hunger

-HEAD-

SUBPART XII - FAMINE PREVENTION AND FREEDOM FROM HUNGER

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in title 7 section 3124a.

-End-

-CITE-

22 USC Sec. 2220a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xii - famine prevention and freedom from hunger

-HEAD-

Sec. 2220a. General provisions

-STATUTE-

(a) Congressional objectives and findings

The Congress declares that, in order to achieve the mutual goals

among nations of ensuring food security, human health, agricultural

growth, trade expansion, and the wise and sustainable use of

natural resources, the United States should mobilize the capacities

of the United States land-grant universities, other eligible

universities, and public and private partners of universities in

the United States and other countries, consistent with sections

2151a and 2151a-1 of this title, for: (1) global research on

problems affecting food, agriculture, forestry, and fisheries; (2)

improved human capacity and institutional resource development for

the global application of agricultural and related environmental

sciences; (3) agricultural development and trade research and

extension services in the United States and other countries to

support the entry of rural industries into world markets; and (4)

providing for the application of agricultural sciences to solving

food, health, nutrition, rural income, and environmental problems,

especially such problems in low-income, food deficit countries.

The Congress so declares because it finds -

(A) that the establishment, endowment, and continuing support

of land-grant universities in the United States by Federal,

State, and county governments has led to agricultural progress

with and through the private sector in this country and to

understanding processes of economic development;

(B) that land-grant and other universities in the United States

have demonstrated over many years their ability to cooperate with

international agencies, educational and research institutions in

other countries, the private sector, and nongovernmental

organizations worldwide, in expanding global agricultural

production, processing, business and trade, to the benefit of aid

recipient countries and of the United States;

(C) that, in a world of growing populations with rising

expectations, increased food production and improved

distribution, storage, and marketing in the developing countries

is necessary not only to prevent hunger and ensure human health

and child survival, but to build the basis for economic growth

and trade, and the social security in which democracy and a

market economy can thrive, and moreover, that the greatest

potential for increasing world food supplies and incomes to

purchase food is in the developing countries where the gap

between food need and food supply is the greatest and current

incomes are lowest;

(D) that increasing and making more secure the supply of food

is of greatest benefit to the poorest majority in the developing

world;

(E) that, with expanding global markets and increasing imports

into many countries, including the United States, food safety and

quality, as well as secure supply, have emerged as mutual

concerns of all countries;

(F) that research, teaching, and extension activities, and

appropriate institutional and policy development therefore are

prime factors in improving agricultural production, food

distribution, processing, storage, and marketing abroad (as well

as in the United States);

(G) moreover, that agricultural research abroad has in the past

and will continue in the future to provide benefits for

agriculture and the broader economy of the United States and that

increasing the availability of food of higher nutritional quality

is of benefit to all;

(H) that there is a need to responsibly manage the world's

agricultural and natural resources for sustained productivity,

health and resilience to climate variability; and

(I) that universities and public and private partners of

universities need a dependable source of funding in order to

increase the impact of their own investments and those of their

State governments and constituencies, in order to continue and

expand their efforts to advance agricultural development in

cooperating countries, to translate development into economic

growth and trade for the United States and cooperating countries,

and to prepare future teachers, researchers, extension

specialists, entrepreneurs, managers, and decisionmakers for the

world economy.

(b) Congressional declaration for collation of components to

increase world food production

Accordingly, the Congress declares that, in order to prevent

famine and establish freedom from hunger, the following components

must be brought together in a coordinated program to increase world

food and fiber production, agricultural trade, and responsible

management of natural resources, including -

(1) continued efforts by the international agricultural

research centers and other international research entities to

provide a global network, including United States universities,

for international scientific collaboration on crops, livestock,

forests, fisheries, farming resources, and food systems of

worldwide importance;

(2) contract research and the implementation of collaborative

research support programs and other research collaboration led by

United States universities, and involving research systems in

other countries focused on crops, livestock, forests, fisheries,

farming resources, and food systems, with benefits to the United

States and partner countries;

(3) broadly disseminating the benefits of global agricultural

research and development including increased benefits for United

States agriculturally related industries through establishment of

development and trade information and service centers, for rural

as well as urban communities, through extension, cooperatively

with, and supportive of, existing public and private trade and

development related organizations;

(4) facilitation of participation by universities and public

and private partners of universities in programs of multilateral

banks and agencies which receive United States funds;

(5) expanding learning opportunities about global agriculture

for students, teachers, community leaders, entrepreneurs, and the

general public through international internships and exchanges,

graduate assistantships, faculty positions, and other means of

education and extension through long-term recurring Federal funds

matched by State funds; and

(6) competitive grants through universities to United States

agriculturalists and public and private partners of universities

from other countries for research, institution and policy

development, extension, training, and other programs for global

agricultural development, trade, and responsible management of

natural resources.

(c) University involvement, participation, and cooperation

The United States should -

(1) effectively involve the United States land-grant and other

eligible universities more extensively in each of the program

components described in paragraphs (1) through (6) of subsection

(b) of this section;

(2) provide mechanisms for the universities and public and

private partners of universities to participate and advise in the

planning, development, implementation, and administration of each

component;

(3) assist such universities and public and private partners of

universities in cooperative joint efforts with -

(A) agricultural institutions in developing nations;

(B) regional and international agricultural research centers;

(C) multilateral banks and agencies receiving United States

funds;

(D) development agencies of other countries; and

(E) United States Government foreign assistance and economic

cooperation programs;

(4) generally engage the United States university community

more extensively in the agricultural research, trade, and

development initiatives undertaken outside the United States,

with the objectives of strengthening its capacity to carry out

research, teaching, and extension activities for solving problems

in food production, processing, marketing, and consumption in

agriculturally developing nations, and for transforming progress

in global agricultural research and development into economic

growth, trade, and trade benefits for aid recipient countries and

United States communities and industries, and for the wise use of

natural resources; and

(5) ensure that all federally funded support to universities

and public and private partners of universities relating to the

goals of this subpart is periodically reviewed for its

performance.

(d) Universities

As used in this subpart, the term "universities" means those

colleges or universities in each State, territory, or possession of

the United States, or the District of Columbia, now receiving, or

which may hereafter receive, benefits under the Act of July 2, 1862

(known as the First Morrill Act) [7 U.S.C. 301 et seq.], or the Act

of August 30, 1890 (known as the Second Morrill Act) [7 U.S.C. 321

et seq.], which are commonly known as "land-grant" universities;

institutions now designated or which may hereafter be designated as

sea-grant colleges under the Act of October 15, 1966 (known as the

National Sea Grant College and Program Act) [33 U.S.C. 1121 et

seq.], which are commonly known as sea-grant colleges; Native

American land-grant colleges as authorized under the Equity in

Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note); and

other United States colleges and universities which -

(1) have demonstrable capacity in teaching, research, and

extension (including outreach) activities in the agricultural

sciences; and

(2) can contribute effectively to the attainment of the

objectives of this subpart.

(e) Administrator

As used in this subpart, the term "Administrator" means the

Administrator of the United States Agency for International

Development.

(f) Public and private partners of universities

As used in this subpart, the term "public and private partners of

universities" includes entities that have cooperative or

contractual agreements with universities, which may include formal

or informal associations of universities, other education

institutions, United States Government and State agencies, private

voluntary organizations, nongovernmental organizations, firms

operated for profit, nonprofit organizations, multinational banks,

and, as designated by the Administrator, any organization,

institution, or agency incorporated in other countries.

(g) Agriculture

As used in this subpart, the term "agriculture" includes the

science and practice of activity related to food, feed, and fiber

production, processing, marketing, distribution, utilization, and

trade, and also includes family and consumer sciences, nutrition,

food science and engineering, agricultural economics and other

social sciences, forestry, wildlife, fisheries, aquaculture,

floraculture, veterinary medicine, and other environmental and

natural resources sciences.

(h) Agriculturists

As used in this subpart, the term "agriculturists" includes

farmers, herders, and livestock producers, individuals who fish and

others employed in cultivating and harvesting food resources from

salt and fresh waters, individuals who cultivate trees and shrubs

and harvest nontimber forest products, as well as the processors,

managers, teachers, extension specialists, researchers,

policymakers, and others who are engaged in the food, feed, and

fiber system and its relationships to natural resources.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 296, as added Pub. L. 94-161, title

III, Sec. 312, Dec. 20, 1975, 89 Stat. 861; amended Pub. L. 95-424,

title I, Sec. 103(c), Oct. 6, 1978, 92 Stat. 945; Pub. L. 106-373,

Sec. 2, Oct. 27, 2000, 114 Stat. 1427.)

-REFTEXT-

REFERENCES IN TEXT

The First Morrill Act and the Second Morrill Act, referred to in

subsec. (d), refer to acts July 2, 1862, ch. 130, 12 Stat. 503, and

Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, which are

classified generally to subchapters I (Sec. 301 et seq.) and II

(Sec. 321 et seq.), respectively, of chapter 13 of Title 7,

Agriculture. For complete classification of these Acts to the Code,

see Short Title notes set out under sections 301 and 321 of Title 7

and Tables.

The National Sea Grant College and Program Act, referred to in

subsec. (d), is title II of Pub. L. 89-454, as added Pub. L.

89-688, Sec. 1, Oct. 15, 1966, 80 Stat. 998, as amended, which is

classified generally to subchapter II (Sec. 1121 et seq.) of

chapter 22 of Title 33, Navigation and Navigable Waters. For

complete classification of this Act to the Code, see Short Title

note set out under section 1121 of Title 33 and Tables.

The Equity in Educational Land-Grant Status Act of 1994, referred

to in subsec. (d), is Pub. L. 103-382, title V, part C, Oct. 20,

1994, 108 Stat. 4048, as amended, which is set out as a note under

section 301 of Title 7, Agriculture. For complete classification of

this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-373, Sec. 2(a)(2)(A), in second

sentence, redesignated pars. (1) to (7) as subpars. (A) to (G),

respectively.

Pub. L. 106-373, Sec. 2(a)(1), amended first sentence generally.

Prior to amendment, first sentence read as follows: "The Congress

declares that, in order to prevent famine and establish freedom

from hunger, the United States should strengthen the capacities of

the United States land-grant and other eligible universities in

program-related agricultural institutional development and

research, consistent with sections 2151a and 2151a-1 of this title,

should improve their participation in the United States

Government's international efforts to apply more effective

agricultural sciences to the goal of increasing world food

production, and in general should provide increased and longer term

support to the application of science to solving food and nutrition

problems of the developing countries."

Subsec. (a)(A). Pub. L. 106-373, Sec. 2(a)(2)(B), substituted

"with and through the private sector in this country and to

understanding processes of economic development" for "in this

country".

Subsec. (a)(B). Pub. L. 106-373, Sec. 2(a)(2)(C), amended subpar.

(B) generally. Prior to amendment, subpar. (B) read as follows:

"that land-grant and other universities in the United States have

demonstrated over many years their ability to cooperate with

foreign agricultural institutions in expanding indigenous food

production for both domestic and international markets;".

Subsec. (a)(C). Pub. L. 106-373, Sec. 2(a)(2)(D), amended subpar.

(C) generally. Prior to amendment, subpar. (C) read as follows:

"that, in a world of growing population with rising expectations,

increased food production and improved distribution, storage, and

marketing in the developing countries is necessary not only to

prevent hunger but to build the economic base for growth, and

moreover, that the greatest potential for increasing world food

supplies is in the developing countries where the gap between food

need and food supply is the greatest and current yields are

lowest;".

Subsec. (a)(E). Pub. L. 106-373, Sec. 2(a)(2)(E), (H), added

subpar. (E) and struck out former subpar. (E) which read as

follows: "that research, teaching, and extension activities, and

appropriate institutional development therefor are prime factors in

increasing agricultural production abroad (as well as in the United

States) and in improving food distribution, storage, and

marketing;".

Subsec. (a)(F). Pub. L. 106-373, Sec. 2(a)(2)(H), added subpar.

(F). Former subpar. (F) redesignated (G).

Subsec. (a)(G). Pub. L. 106-373, Sec. 2(a)(2)(E), (G), (I),

redesignated subpar. (F) as (G), substituted "and the broader

economy of the United States" for "in the United States", and

struck out former subpar. (G) which read as follows: "that

universities need a dependable source of Federal funding, as well

as other financing, in order to expand, or in some cases to

continue, their efforts to assist in increasing agricultural

production in developing countries."

Subsec. (a)(H), (I). Pub. L. 106-373, Sec. 2(a)(2)(F), (J), added

subpars. (H) and (I).

Subsec. (b). Pub. L. 106-373, Sec. 2(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) contained declaration of

Congress that various components had to be brought together in

order to increase world food production.

Subsec. (c)(1). Pub. L. 106-373, Sec. 2(c)(1), substituted "each

of the program components described in paragraphs (1) through (6)

of subsection (b) of this section" for "each component".

Subsec. (c)(2). Pub. L. 106-373, Sec. 2(c)(2)(A), inserted "and

public and private partners of universities" after "for the

universities".

Subsec. (c)(3). Pub. L. 106-373, Sec. 2(c)(3), inserted "and

public and private partners of universities" after "such

universities" in introductory provisions, added subpars. (C) to

(E), and struck out concluding provisions which read as follows:

"directed to strengthening their joint and respective capabilities

and to engage them more effectively in research, teaching, and

extension activities for solving problems in food production,

distribution, storage, marketing, and consumption in agriculturally

underdeveloped nations."

Subsec. (c)(4), (5). Pub. L. 106-373, Sec. 2(c)(2)(B), (4), added

pars. (4) and (5).

Subsec. (d). Pub. L. 106-373, Sec. 2(d)(1), inserted "Native

American land-grant colleges as authorized under the Equity in

Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);"

after "sea-grant colleges;" in introductory provisions.

Subsec. (d)(1). Pub. L. 106-373, Sec. 2(d)(2), substituted

"extension (including outreach)" for "extension".

Subsec. (e). Pub. L. 106-373, Sec. 2(e), inserted "United States"

before "Agency".

Subsecs. (f) to (h). Pub. L. 106-373, Sec. 2(f) - (h), added

subsecs. (f) to (h).

1978 - Subsecs. (f), (g). Pub. L. 95-424 struck out subsecs. (f)

defining "agriculture", and (g) defining "farmers".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

INTERNATIONAL FOOD RESERVE

Pub. L. 95-426, title VI, Sec. 604, Oct. 7, 1978, 92 Stat. 986,

provided that:

"(a) The Congress finds that -

"(1) half a billion people suffer regularly from malnutrition

or undernutrition;

"(2) even very modest shortfalls in crop production can result

in greatly increased human suffering, and undercut the benefits

of bilateral and multilateral assistance programs, in poor

developing countries with chronic food deficits;

"(3) increasing variability in world food production and trade

presents a serious threat not only to consumers but also to

producers;

"(4) the World Food Conference recognized the urgent need for

an international undertaking to achieve a system of world food

security based largely upon strategic food reserves;

"(5) the Congress through legislation has repeatedly urged the

President to negotiate with other nations to establish such a

system of reserves;

"(6) although the nations of the world have agreed to begin

discussions on a system of grain reserves to regulate food

availability, agreement on a global network of nationally held

reserves still eludes the international community;

"(7) while some progress has taken place in the United States

in creating domestic farmer held reserves, the scale of such

reserves does not insure adequate protection against fluctuations

in world production and price; and

"(8) the United States, as the world's leading producer of

foodstuffs, remains in a unique position to provide the

leadership necessary to make world food security a reality.

"(b) It is therefore the sense of the Congress that the President

should continue his efforts directed toward achievement of an

agreement establishing an international network of nationally held

grain reserves which provides for supply assurance to consumers and

income security to producers."

Similar provisions were contained in the following prior

authorization act:

Pub. L. 95-105, title V, Sec. 510, Aug. 17, 1977, 91 Stat. 860.

COMMISSION ON HUNGER AND MALNUTRITION

Pub. L. 95-426, title VII, Sec. 711, Oct. 7, 1978, 92 Stat. 994,

which authorized funds to be appropriated for fiscal years 1979 and

1980 for a commission to conduct studies on global hunger and

malnutrition, which commission was to make recommendations to the

President and Congress on policies to increase the capacity of the

United States to reduce hunger and malnutrition, was repealed by

Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24, 1982, 96 Stat.

299.

SETTLEMENT OF DEBT OWED THE UNITED STATES

Section 321 of Pub. L. 94-161 provided that: "No debt owed to the

United States by any foreign country with respect to the payment of

any loan made under any program funded under this Act [see Short

Title of 1975 Amendment note set out under section 2151 of this

title] may be settled in an amount less than the full amount of

such debt unless the Congress by concurrent resolution approves of

such settlement."

COOPERATION WITH OTHER COUNTRIES IN ALLEVIATING WORLD FOOD

SHORTAGE; EMERGENCY AND HUMANITARIAN REQUIREMENTS

Pub. L. 93-189, Sec. 39, Dec. 17, 1973, 87 Stat. 735, provided

that:

"(a) It is the sense of the Congress that the United States

should participate fully in efforts to alleviate current and future

food shortages which threaten the world. To this end, the President

shall -

"(1) encourage, support, and expedite, studies relating to the

long-range implications of the world food situation (including

studies of national and world production, distribution, and

utilization of agricultural commodities and other foodstuffs) and

support the organizing of a world food conference under United

Nations auspices in 1974;

"(2) request the member nations of the General Agreement on

Tariffs and Trade to explore the means for assuring equitable

access by all nations to national markets and mineral and

agricultural resources;

"(3) consult and cooperate with appropriate international

agencies, such as the Food and Agriculture Organization of the

United Nations, in determining the need for, the feasibility of,

and cost on an equitably-shared basis of, establishing an

international system of strategic food reserves; and

"(4) report his findings and recommendations to the Congress on

the implementation of this section no later than December 31,

1974.

"(b) It is further the sense of the Congress that -

"(1) in making assessments which would affect or relate to the

level of domestic production, the Executive Branch should include

in the estimates of overall utilization the expected demands for

humanitarian food assistance through such programs as are carried

out under the Agricultural Trade Development and Assistance Act

of 1954 (Public Law 480) [section 1691 et seq. of Title 7,

Agriculture]; and

"(2) legislation providing increased flexibility for responding

to emergency and humanitarian requirements for food assistance

should be considered as promptly as possible to the end that the

last sentence of section 401 of the Agricultural Trade

Development and Assistance Act of 1954 (Public Law 480) [section

1731 of title 7], may be amended by striking the period and

inserting in lieu thereof a comma and the following: 'unless the

Secretary determines that some part of the exportable supply

should be used to carry out the national interest and

humanitarian objectives of this Act [see Short Title of 1973

Amendment note set out under section 2151 of this title]'."

-End-

-CITE-

22 USC Sec. 2220b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xii - famine prevention and freedom from hunger

-HEAD-

Sec. 2220b. General authority

-STATUTE-

(a) Programs and activities affecting universities, agriculturally

developing countries, and research

To carry out the purposes of this subpart, the President is

authorized to provide assistance on such terms and conditions as he

shall determine -

(1) to implement program components through United States

universities as authorized by paragraphs (2) through (5) of this

subsection;

(2) to build and strengthen the institutional capacity and

human resource skills of agriculturally developing countries so

that these countries may participate more fully in the

international agricultural problem-solving effort and to

introduce and adapt new solutions to local circumstances;

(3) to provide long-term program support for United States

university global agricultural and related environmental

collaborative research and learning opportunities for students,

teachers, extension specialists, researchers, and the general

public;

(4) to involve United States universities more fully in the

international network of agricultural science, including the

international agricultural research centers, the activities of

international organizations such as the United Nations

Development Program and the Food and Agriculture Organization,

multilateral banks, the institutions of agriculturally developing

nations, and United States and foreign nongovernmental

organizations supporting extension and other

productivity-enhancing programs; and

(5) to provide program support for international agricultural

research centers, to provide support for research projects

identified for specific problem-solving needs, and to develop and

strengthen national research systems in the developing countries.

(b) Programs and activities respecting university capabilities,

benefiting domestic and nondomestic agriculture, and based on

existing programs and institutions

Programs under this subpart shall be carried out so as to -

(1) utilize and strengthen the capabilities of United States

universities with public and private partners of universities in

-

(A) developing capacity in the cooperating nation for

classroom teaching in agriculture, plant and animal sciences,

human nutrition, and vocational and domestic arts and other

relevant fields appropriate to local needs;

(B) agricultural research to be conducted in the cooperating

nations, at international agricultural research centers, or in

the United States;

(C) the planning, initiation, and development of extension

services through which information concerning agriculture,

environment, and related subjects will be made available

directly to agriculturalists in the agriculturally developing

nations by means of education and demonstration; or

(D) the exchange of educators, scientists, and students for

the purpose of assisting in successful development in the

cooperating nations;

(2) take into account the value to United States agriculture of

such programs, integrating to the extent practicable the programs

and financing authorized under this subpart with those supported

by other Federal or State resources, including resources of the

private sector, so as to maximize the contribution to the

development of agriculture in the United States and in

agriculturally developing nations; and

(3) whenever practicable, build on existing programs and

institutions including those of the universities, the Department

of Agriculture, State agricultural agencies, the Department of

Commerce, the Department of the Interior, the Environmental

Protection Agency, the Office of the United States Trade

Representative, the Food and Drug Administration, other

appropriate Federal agencies, and appropriate nongovernmental and

business organizations.

(c) Activity objectives

To the maximum extent practicable, activities under this section

shall -

(1) be directly related to the food and agricultural needs of

developing countries;

(2) focus primarily on the needs of agricultural producers,

rural families, processors, traders, consumers, and natural

resources managers;

(3) be adapted to local circumstances;

(4) be carried out within the developing countries and

transition countries comprising newly emerging democracies and

newly liberalized economies; and

(5) emphasize the improvement of local systems for delivering

the best available knowledge to the small farmers of such

countries.

(d) Function of Administrator

The President shall exercise his authority under this section

through the Administrator.

(e) Special programs

The Administrator shall establish and carry out special programs

under this subpart as part of ongoing programs for child survival,

democratization, development of free enterprise, environmental and

natural resource management, and other related programs.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 297, as added Pub. L. 94-161, title

III, Sec. 312, Dec. 20, 1975, 89 Stat. 863; amended Pub. L. 96-53,

title I, Sec. 113, Aug. 14, 1979, 93 Stat. 364; Pub. L. 106-373,

Sec. 3, Oct. 27, 2000, 114 Stat. 1431.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-373, Sec. 3(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

"to strengthen the capabilities of universities in teaching,

research, and extension work to enable them to implement current

programs authorized by paragraphs (2), (3), (4), and (5) of this

subsection, and those proposed in the report required by section

2220e of this title;".

Subsec. (a)(3). Pub. L. 106-373, Sec. 3(a)(2), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "to

provide program support for long-term collaborative university

research, in the developing countries themselves to the maximum

extent practicable, on food production, distribution, storage,

marketing, and consumption;".

Subsec. (a)(4). Pub. L. 106-373, Sec. 3(a)(3), inserted "United

States" before "universities" and "agricultural" before "research

centers" and substituted "multilateral banks, the institutions of

agriculturally developing nations, and United States and foreign

nongovernmental organizations supporting extension and other

productivity-enhancing programs" for "and the institutions of

agriculturally developing nations".

Subsec. (b)(1). Pub. L. 106-373, Sec. 3(b)(1)(A), substituted

"United States universities with public and private partners of

universities" for "universities" in introductory provisions.

Subsec. (b)(1)(C). Pub. L. 106-373, Sec. 3(b)(1)(B), inserted ",

environment," before "and related" and substituted

"agriculturalists" for "farmers and farm families".

Subsec. (b)(2). Pub. L. 106-373, Sec. 3(b)(2), inserted ",

including resources of the private sector," after "Federal or State

resources".

Subsec. (b)(3). Pub. L. 106-373, Sec. 3(b)(3), substituted ", the

Department of Agriculture, State agricultural agencies, the

Department of Commerce, the Department of the Interior, the

Environmental Protection Agency, the Office of the United States

Trade Representative, the Food and Drug Administration, other

appropriate Federal agencies, and appropriate nongovernmental and

business organizations." for "and the United States Department of

Agriculture and the United States Department of Commerce."

Subsec. (c)(2). Pub. L. 106-373, Sec. 3(c)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "be

carried out within the developing countries;".

Subsec. (c)(4). Pub. L. 106-373, Sec. 3(c)(2), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "provide

for the most effective interrelationship between research,

education, and extension in promoting agricultural development in

developing countries; and".

Subsec. (e). Pub. L. 106-373, Sec. 3(d), added subsec. (e).

1979 - Subsec. (a)(3). Pub. L. 96-53, Sec. 113(1), inserted

provision relating to the scope of effort in developing countries.

Subsec. (c). Pub. L. 96-53, Sec. 113(2), reworked activity

objectives through revising terminology and structure and expanding

such objectives to include requirement for a direct relationship

between activities and the food and agricultural needs of

developing countries.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2220c of this title.

-End-

-CITE-

22 USC Sec. 2220c 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xii - famine prevention and freedom from hunger

-HEAD-

Sec. 2220c. Board for International Food and Agricultural

Development

-STATUTE-

(a) Establishment; terms and expenses of members

To assist in the administration of the programs authorized by

this subpart, the President shall establish a permanent Board for

International Food and Agricultural Development (hereafter in this

subpart referred to as the "Board") consisting of seven members,

not less than four to be selected from the universities. Terms of

members shall be set by the President at the time of appointment.

Members of the Board shall be entitled to such reimbursement for

expenses incurred in the performance of their duties (including per

diem in lieu of subsistence while away from their homes or regular

place of business) as the President deems appropriate on a

case-by-case basis.

(b) General areas of responsibility

The Board's general areas of responsibility shall include

participating in the planning, development, and implementation of,

initiating recommendations for, and monitoring, the activities

described in section 2220b of this title.

(c) Specific, but not exclusive, duties

The Board's duties shall include, but not necessarily be limited

to -

(1) participating in the formulation of basic policy,

procedures, and criteria for project proposal review, selection,

and monitoring;

(2) developing and keeping current a roster of universities -

(A) interested in exploring their potential for collaborative

relationships with agricultural institutions, and with

scientists working on significant programs designed to improve

agricultural production, trade, and natural resource management

in developing countries, and with private organizations seeking

to increase agricultural production and trade, natural

resources management, and household food security in developing

and transition countries; (!1)

(B) having capacity in the agricultural, environmental, and

related social sciences,

(C) able to maintain an appropriate balance of teaching,

research, and extension functions,

(D) having capacity, experience, and commitment with respect

to international agricultural efforts, and

(E) able to contribute to solving the problems addressed by

this subpart;

(3) recommending which developing nations could benefit from

programs carried out under this subpart, and identifying those

nations which have an interest in establishing or developing

agricultural institutions which engage in teaching, research, or

extension activities;

(4) reviewing and evaluating memorandums of understanding or

other documents that detail the terms and conditions between the

Administrator and universities and their partners participating

in programs under this subpart;

(5) reviewing and evaluating agreements and activities

authorized by this subpart and undertaken by universities and

public and private partners of universities to assure compliance

with the purposes of this subpart;

(6) recommending to the Administrator the apportionment of

funds under section 2220b of this title;

(7) assessing the impact of programs carried out under this

subpart in solving agricultural problems and natural resource

issues in the developing nations, assuring efficiency in use of

Federal resources, including in accordance with the Governmental

Performance and Results Act of 1993 (Public Law 103-62; 107 Stat.

285), and the amendments made by that Act;

(8) developing information exchanges and consulting regularly

with nongovernmental organizations, consumer groups, producers,

agribusinesses and associations, agricultural cooperatives and

commodity groups, State departments of agriculture, State

agricultural research and extension agencies, and academic

institutions;

(9) investigating and resolving issues concerning

implementation of this subpart as requested by universities; and

(10) advising the Administrator on any and all issues as

requested.

(d) Subordinate units; creation of Joint Policy Committee, Joint

Operations Committee, and other units

The President may authorize the Board to create such subordinate

units as may be necessary for the performance of its duties,

including but not limited to the following:

(1) a Joint Policy Committee to participate in the design and

development of the collaborative activities described in section

2220b of this title; and

(2) a Joint Operations Committee which shall assist in and

advise on the mechanisms and processes for implementation of

activities described in section 2220b of this title.

(e) Consultations in preparation of annual report and on

agricultural development activities

In addition to any other functions assigned to and agreed to by

the Board, the Board shall be consulted in the preparation of the

annual report required by section 2220e of this title and on other

agricultural development activities related to programs under this

subpart.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 298, as added Pub. L. 94-161, title

III, Sec. 312, Dec. 20, 1975, 89 Stat. 864; amended Pub. L.

106-373, Sec. 4, Oct. 27, 2000, 114 Stat. 1432.)

-REFTEXT-

REFERENCES IN TEXT

The Governmental Performance and Results Act of 1993, referred to

in subsec. (c)(7), probably means the Government Performance and

Results Act of 1993, Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,

which enacted section 306 of Title 5, Government Organization and

Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money

and Finance, and sections 2801 to 2805 of Title 39, Postal Service,

amended section 1105 of Title 31, and enacted provisions set out as

notes under sections 1101 and 1115 of Title 31. For complete

classification of this Act to the Code, see Short Title of 1993

Amendment note set out under section 1101 of Title 31 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-373, Sec. 4(a), inserted "on a

case-by-case basis" before period at end of third sentence.

Subsec. (b). Pub. L. 106-373, Sec. 4(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

Board's general areas of responsibility shall include, but not be

limited to -

"(1) participating in the planning, development, and

implementation of,

"(2) initiating recommendations for, and

"(3) monitoring of,

the activities described in section 2220b of this title."

Subsec. (c)(2)(A). Pub. L. 106-373, Sec. 4(c)(1)(A), substituted

"improve agricultural production, trade, and natural resource

management in developing countries, and with private organizations

seeking to increase agricultural production and trade, natural

resources management, and household food security in developing and

transition countries;" for "increase food production in developing

countries,".

Subsec. (c)(2)(B). Pub. L. 106-373, Sec. 4(c)(1)(B), inserted ",

environmental, and related social" before "sciences".

Subsec. (c)(4). Pub. L. 106-373, Sec. 4(c)(2), inserted "and

their partners" after "Administrator and universities".

Subsec. (c)(5). Pub. L. 106-373, Sec. 4(c)(3), inserted "and

public and private partners of universities" after "universities".

Subsec. (c)(7). Pub. L. 106-373, Sec. 4(c)(5), substituted "and

natural resource issues in the developing nations, assuring

efficiency in use of Federal resources, including in accordance

with the Governmental Performance and Results Act of 1993 (Public

Law 103-62; 107 Stat. 285), and the amendments made by that Act;"

for "in the developing nations."

Subsec. (c)(8) to (10). Pub. L. 106-373, Sec. 4(c)(4), (6), added

pars. (8) to (10).

Subsec. (d)(1). Pub. L. 106-373, Sec. 4(d)(1), substituted

"Policy" for "Research", "design" for "administration", and

"section 2220b" for "section 2220b(a)(3)".

Subsec. (d)(2). Pub. L. 106-373, Sec. 4(d)(2), substituted "Joint

Operations Committee which shall assist in and advise on the

mechanisms and processes for implementation of activities described

in section 2220b of this title." for "Joint Committee on Country

Programs which shall assist in the implementation of the bilateral

activities described in sections 2220b(a)(2), 2220b(a)(4), and

2220b(a)(5) of this title."

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2220e of this title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a comma.

-End-

-CITE-

22 USC Sec. 2220d 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xii - famine prevention and freedom from hunger

-HEAD-

Sec. 2220d. Funds for programs and activities

-STATUTE-

(a) Funds available under section 2151a of this title unaffected by

other provisions

The President is authorized to use any of the funds hereafter

made available under section 2151a of this title to carry out the

purposes of this subpart. Funds made available for such purposes

may be used without regard to the provisions of sections 2151h(b)

and 2151t(d) of this title.

(b) Foreign currencies

Foreign currencies owned by the United States and determined by

the Secretary of the Treasury to be excess to the needs of the

United States shall be used to the maximum extent possible in lieu

of dollars in carrying out the provisions of this subpart.

(c) Other authorizations

Assistance authorized under this subpart shall be in addition to

any allotments or grants that may be made under other

authorizations.

(d) Disclosure of funds to Administrator; annual report

Universities may accept and expend funds from other sources,

public and private, in order to carry out the purposes of this

subpart. All such funds, both prospective and inhand, shall be

periodically disclosed to the Administrator as he shall by

regulation require, but no less often than in an annual report.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 299, as added Pub. L. 94-161, title

III, Sec. 312, Dec. 20, 1975, 89 Stat. 865; amended Pub. L. 95-424,

title I, Sec. 102(c)(2), Oct. 6, 1978, 92 Stat. 941.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-424 substituted "sections 2151h(b)

and 2151t(d) of this title" for "sections 2151h(b), 2171(a), and

2171(d) of this title".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

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.

-End-

-CITE-

22 USC Sec. 2220e 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part II - Other Programs

subpart xii - famine prevention and freedom from hunger

-HEAD-

Sec. 2220e. Presidential report to Congress

-STATUTE-

The President shall transmit to the Congress, not later than

September 1 of each year, a report detailing the activities carried

out pursuant to this subpart during the preceding fiscal year and

containing a projection of programs and activities to be conducted

during the subsequent five fiscal years. Each report shall contain

a summary of the activities of the Board established pursuant to

section 2220c of this title and may include the separate views of

the Board with respect to any aspect of the programs conducted or

proposed to be conducted under this subpart.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 300, as added Pub. L. 94-161, title

III, Sec. 312, Dec. 20, 1975, 89 Stat. 866; amended Pub. L.

106-373, Sec. 5, Oct. 27, 2000, 114 Stat. 1433.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-373 substituted "September 1" for "April 1".

-TRANS-

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.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under this section is listed on page 25),

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2220c of this title.

-End-

-CITE-

22 USC Part III - International Organizations and

Programs 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

PART III - INTERNATIONAL ORGANIZATIONS AND PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2151b of this title.

-End-

-CITE-

22 USC Sec. 2221 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2221. General authority

-STATUTE-

(a) Voluntary contributions; grants and loans in case of the Indus

Basin Development Fund

When he determines it to be in the national interest, the

President is authorized to make voluntary contributions on a grant

basis to international organizations and to programs administered

by such organizations, and in the case of the Indus Basin

Development Fund administered by the International Bank for

Reconstruction and Development to make grants and loans payable as

to principal and interest in United States dollars and subject to

the provisions of section 2151t(b) of this title, on such terms and

conditions as he may determine, in order to further the purposes of

subchapter I of this chapter.

(b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560

(c) Palestine refugees; considerations and conditions for

furnishing assistance

No contributions by the United States shall be made to the United

Nations Relief and Works Agency for Palestine Refugees in the Near

East except on the condition that the United Nations Relief and

Works Agency take all possible measures to assure that no part of

the United States contribution shall be used to furnish assistance

to any refugee who is receiving military training as a member of

the so-called Palestine Liberation Army or any other guerrilla type

organization or who has engaged in any act of terrorism.

(d) Audit of funds; report to Congress and the President

In any case in which a fund established solely by United States

contributions under this chapter or any other Act is administered

by an international organization under the terms of an agreement

between the United States and such international organization, such

agreement shall provide that the Comptroller General of the United

States shall conduct such audits as are necessary to assure that

such fund is administered in accordance with such agreement. The

President shall undertake to modify any existing agreement entered

into before November 14, 1967, to conform to the requirements of

the preceding sentence. The Comptroller General shall report

simultaneously to the Congress and the President the results of the

audits conducted under this subsection.

(e) Evaluation of United Nations and its affiliated organizations;

International Bank for Reconstruction and Development; Asian

Development Bank

(1) In the case of the United Nations and its affiliated

organizations, including the International Atomic Energy Agency,

the President shall, acting through the United States

representative to such organizations, propose and actively seek the

establishment by the governing authorities of such organizations of

external, professionally qualified groups of appropriate size for

the purpose of providing an independent and continuous program of

selective examination, review, evaluation, and audits of the

programs and activities of such organizations. Such proposal shall

provide that such groups shall be established in accordance with

such terms of reference as such governing authority may prescribe

and that the reports of such groups on each examination, review,

evaluation, or audit shall be submitted directly to such governing

authority for transmittal to the representative of each individual

member nation. Such proposal shall further include a statement of

auditing and reporting standards, as prepared by the Comptroller

General of the United States, for the consideration of the

governing authority of the international organization concerned to

assist in formulating terms of reference for such review and

evaluation groups.

(2) In the case of the International Bank for Reconstruction and

Development and the Asian Development Bank, the President shall,

acting through the United States representative to such

organizations, propose and actively seek the establishment by the

governing authorities of such organizations professionally

qualified groups of appropriate size for the purpose of providing

an independent and continuous program of selective examination,

review, evaluation, and audit of the programs and activities of

such organizations. Such proposal shall provide that such groups

shall be established in accordance with such terms of reference as

such governing authorities may prescribe, and that the reports of

such groups on each examination, review, evaluation, or audit shall

be submitted directly to such governing authority for transmittal

to the representative of each individual member nation. Such

proposal shall further include a statement of auditing and

reporting standards, as prepared by the Comptroller General of the

United States, for the consideration of the governing authority of

the international organization concerned to assist in formulating

terms of reference for such review and evaluation groups.

(f) International Fertilizer Development Center; United States

participation and assistance

The President is hereby authorized to permit United States

participation in the International Fertilizer Development Center

and is authorized to use any of the funds made available under this

part for the purpose of furnishing assistance to the Center on such

terms and conditions as he may determine.

(g) Transfer of funding of technological assistance programs to

United Nations Development Program

It is the sense of the Congress that the President should

instruct the appropriate representatives of the United States to

the United Nations to encourage the specialized agencies of the

United Nations to transfer the funding of technical assistance

programs carried out by such agencies to the United Nations

Development Program.

(h) International Food Policy Research Institute; availability of

funds, etc.

The President is authorized to permit the United States to

participate in and to use any of the funds made available under

subchapter I of this chapter after December 29, 1981, for the

purpose of furnishing assistance (on such terms and conditions as

the President may determine) to the International Food Policy

Research Institute.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 301, Sept. 4, 1961, 75 Stat. 433; Pub.

L. 89-171, pt. I, Sec. 106 (a), Sept. 6, 1965, 79 Stat. 656; Pub.

L. 89-583, pt. I, Sec. 107(a)-(c), Sept. 19, 1966, 80 Stat. 800;

Pub. L. 90-137, pt. I, Sec. 110(a), Nov. 14, 1967, 81 Stat. 453;

Pub. L. 91-175, pt. I, Sec. 108(a), Dec. 30, 1969, 83 Stat. 819;

Pub. L. 93-189, Sec. 9(1), Dec. 17, 1973, 87 Stat. 718; Pub. L.

94-161, title III, Sec. 313(c), Dec. 20, 1975, 89 Stat. 866; Pub.

L. 95-424, title I, Secs. 102(b)(2)(A), 117(d), Oct. 6, 1978, 92

Stat. 941, 953; Pub. L. 96-533, title VII, Sec. 702, Dec. 16, 1980,

94 Stat. 3156; Pub. L. 97-113, title III, Sec. 311(a), title VII,

Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1536, 1560.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, 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.

-MISC1-

REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter I of this chapter are deemed to include

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II of this chapter, and

references to subchapter II are deemed to exclude such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

AMENDMENTS

1981 - Subsec. (b). Pub. L. 97-113, Sec. 734(a)(1), struck out

subsec. (b) which limited contributions to United Nations

Development Program and restricted assistance to Cuba. See section

2370(f) of this title.

Subsec. (e)(3). Pub. L. 97-113, Sec. 734(a)(1), struck out par.

(3) which required reports by the President and the General

Accounting Office of their evaluation of reports of international

organizations to United States representatives on those

organizations. See section 2394 of this title.

Subsec. (h). Pub. L. 97-113, Sec. 311(a), added subsec. (h).

1980 - Subsec. (d). Pub. L. 96-533, Sec. 702(a), required the

Comptroller General to report to Congress and the President the

results of the audits.

Subsec. (e)(1). Pub. L. 96-533, Sec. 702(b)(1)-(3), substituted

"organizations of external, professionally" for "organizations a

single professionally", "groups" for "group" in three places,

"evaluation, and audits" for "and evaluation", and "evaluation, or

audit" for "and evaluation".

Subsec. (e)(2). Pub. L. 96-533, Sec. 702(b)(4), (5), required

audits of programs and activities and reports of professionally

qualified groups to include such audits.

Subsec. (e)(3). Pub. L. 96-533, Sec. 702(b)(6), required the

Comptroller General to include in the reports to Congress and the

President his evaluation of the reports received by the United

States representatives to the international organizations and

related information.

1978 - Subsec. (a). Pub. L. 95-424 substituted "section 2151t(b)

of this title" for "section 2161(d) of this title".

Subsec. (g). Pub. L. 95-424 added subsec. (g).

1975 - Subsec. (f). Pub. L. 94-161 added subsec. (f).

1973 - Subsec. (e). Pub. L. 93-189 added subsec. (e).

1969 - Subsec. (c). Pub. L. 91-175 omitted provisions dealing

with Israel and Arab governments taking steps toward repatriation

of refugees and the extent and success of the United Nations and

Arab governments to rectify refugees relief rolls, as criteria for

the President to use in determining whether to furnish assistance

for such refugees through contributions to the United Nations,

omitted provisions dealing with amount of contribution for the

fiscal year 1967, and expanded prohibition against the inclusion of

members of other guerrilla type organizations or refugees engaged

in any act of terrorism.

1967 - Subsec. (d). Pub. L. 90-137 added subsec. (d).

1966 - Subsec. (a). Pub. L. 89-583, Sec. 107(a), authorized in

the case of the Indus Basin Development Executive grants and loans

payable as to principal and interest in United States dollars and

subject to the provisions of section 2161(d) of this title.

Subsec. (b). Pub. L. 89-583, Sec. 107(b), substituted "United

Nations Development Program" for "United Nations Expanded Program

of Technical Assistance and the United States Special Fund" and

restricted economic or technical assistance to Cuba.

Subsec. (c). Pub. L. 89-583, Sec. 107(c), substituted provisions

limiting contributions by the United States for fiscal year 1967 to

$13,300,000, for provisions limiting contributions for calendar

year 1966 to $15,200,000 and prohibited the making of contributions

assisting any refugee who is receiving military training as a

member of the Palestine Liberation Army.

1965 - Subsec. (c). Pub. L. 89-171 limited contributions by the

United States to the United Nations Relief and Works Agency for

Palestine Refugees in the Near East to $15,200,000 for the calendar

year 1966.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

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.

-MISC2-

USE OF CONTRIBUTIONS FOR PROJECTS IN CUBA

Pub. L. 91-194, title I, Sec. 100, Feb. 9, 1970, 84 Stat. 5,

provided in part: "That the President shall seek to assure that no

contribution to the United Nations Development Program authorized

by the Foreign Assistance Act of 1961, as amended [section 2151 et

seq. of this title], shall be used for projects for economic or

technical assistance to the Government of Cuba, so long as Cuba is

governed by the Castro regime."

Similar provisions were contained in Pub. L. 89-691, title I,

Sec. 100, Oct. 15, 1966, 80 Stat. 1018; Pub. L. 90-249, title I,

Sec. 100, Jan. 2, 1968, 81 Stat. 936; Pub. L. 90-581, title I, Sec.

100, Oct. 17, 1968, 82 Stat. 1137.

-End-

-CITE-

22 USC Sec. 2222 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2222. Authorization of appropriations

-STATUTE-

(a) Grants

(1) There are authorized to be appropriated to the President

$270,000,000 for fiscal year 1986 and $236,084,000 for fiscal year

1987 for grants to carry out the purposes of this part, in addition

to funds available under other Acts for such purposes. Of the

amount appropriated for each of the fiscal years 1986 and 1987

pursuant to these authorizations -

(A) 59.65 percent shall be for the United Nations Development

Program;

(B) 19.30 percent shall be for the United Nations Children's

Fund;

(C) 7.20 percent shall be for the International Atomic Energy

Agency, except that these funds may be contributed to that Agency

only if the Secretary of State determines (and so reports to the

Congress) that Israel is not being denied its right to

participate in the activities of that Agency;

(D) 5.44 percent shall be for Organization of American States

development assistance programs;

(E) 3.51 percent shall be for the United Nations Environment

Program;

(F) 0.70 percent shall be for the World Meteorological

Organization;

(G) 0.70 percent shall be for the United Nations Capital

Development Fund;

(H) 0.35 percent shall be for the United Nations Education and

Training Program for Southern Africa;

(I) 0.18 percent shall be for the United Nations Voluntary Fund

for the Decade for Women;

(J) 0.07 percent shall be for the Convention on International

Trade in Endangered Species;

(K) 0.70 percent shall be for the World Food Program;

(L) 0.18 percent shall be for the United Nations Institute for

Namibia;

(M) 0.12 percent shall be for the United Nations Trust Fund for

South Africa;

(N) 0.04 percent shall be for the United Nations Voluntary Fund

for Victims of Torture;

(O) 0.07 percent shall be for the United Nations Industrial

Development Organization;

(P) 0.55 percent shall be for the United Nations Development

Program Trust Fund to Combat Poverty and Hunger in Africa;

(Q) 0.97 percent shall be for contributions to international

conventions and scientific organizations;

(R) 0.18 percent for the United Nations Centre on Human

Settlements (Habitat); and

(S) 0.09 percent shall be for the World Heritage Fund.

(2) The Congress reaffirms its support for the work of the

Inter-American Commission on Human Rights. To permit such

Commission to better fulfill its function of insuring observance

and respect for human rights within this hemisphere, not less than

$357,000 of the amount appropriated for fiscal year 1976 and

$358,000 of the amount appropriated for fiscal year 1977, for

contributions to the Organization of American States, shall be used

only for budgetary support for the Inter-American Commission on

Human Rights.

(b) Indus Basin Development

(1) There is authorized to be appropriated to the President for

loans for Indus Basin Development to carry out the purposes of this

section, in addition to funds available under this chapter or any

other Act for such purposes, for use beginning in the fiscal year

1969, $61,220,000. Such amounts are authorized to remain available

until expended.

(2) There is authorized to be appropriated to the President for

grants for Indus Basin Development, in addition to any other funds

available for such purposes, for use in the fiscal year 1974,

$14,500,000, and for use in the fiscal year 1975, $14,500,000, and

for use beginning in the fiscal year 1976, $27,000,000, which

amounts shall remain available until expended. The President shall

not exercise any special authority granted to him under section

2360(a) or 2364(a) of this title to transfer any amount

appropriated under this paragraph to, and to consolidate such

amount with, any funds made available under any other provision of

this chapter.

(c) Prohibition against contributions for volunteer manpower

programs

None of the funds available to carry out this part shall be

contributed to any international organization or to any foreign

government or agency thereof to pay the costs of developing or

operating any volunteer program of such organization, government,

or agency relating to the selection, training, and programing of

volunteer manpower.

(d) to (h) Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

(i) International Atomic Energy Agency; safeguards and inspections

of nuclear fissile facilities and materials

In addition to amounts otherwise available under this section,

there are authorized to be appropriated for fiscal year 1976

$1,000,000 and for fiscal year 1977 $2,000,000 to be available only

for the International Atomic Energy Agency to be used for the

purpose of strengthening safeguards and inspections relating to

nuclear fissile facilities and materials. Amounts appropriated

under this subsection are authorized to remain available until

expended.

(j) Authorization of appropriations for multilateral and regional

drug abuse control programs

In addition to amounts otherwise available under this section for

such purposes, there are authorized to be appropriated to the

President $3,000,000 for fiscal year 1989 to be available only for

United States contributions to multilateral and regional drug abuse

control programs. Of the amount authorized to be appropriated by

this subsection -

(1) $2,000,000 shall be for a United States contribution to the

United Nations Fund for Drug Abuse Control;

(2) $600,000 shall be for the Organization of American States

(OAS) Inter-American Drug Abuse Control Commission (CICAD) Legal

Development Project, except that the proportion which such amount

bears to the total amount of contributions to this specific

project may not exceed the proportion which the United States

contribution to the budget of the Organization of American States

for that fiscal year bears to the total contributions to the

budget of the Organization of American States for that fiscal

year; and

(3) $400,000 shall be for the Organization of American States

(OAS) Inter-American Drug Abuse Control Commission (CICAD) Law

Enforcement Training Project, except that the proportion which

such amount bears to the total amount of contributions to this

specific project may not exceed the proportion which the United

States contribution to the budget of the Organization of American

States for that fiscal year bears to the total contributions to

the budget of the Organization of American States for that fiscal

year.

(k) Authorization of appropriations for Global Alliance for

Vaccines and Immunizations

In addition to amounts otherwise available under this section,

there is authorized to be appropriated to the President $50,000,000

for each of the fiscal years 2001 and 2002 to be available only for

United States contributions to the Global Alliance for Vaccines and

Immunizations.

(g742l) Authorization of appropriations for International AIDS

Vaccine Initiative

In addition to amounts otherwise available under this section,

there is authorized to be appropriated to the President $10,000,000

for each of the fiscal years 2001 and 2002 to be available only for

United States contributions to the International AIDS Vaccine

Initiative.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 302, Sept. 4, 1961, 75 Stat. 433; Pub.

L. 87-565, pt. I, Sec. 107, Aug. 1, 1962, 76 Stat. 259; Pub. L.

88-205, pt. I, Sec. 108, Dec. 16, 1963, 77 Stat. 383; Pub. L.

88-633, pt. I, Sec. 106, Oct. 7, 1964, 78 Stat. 1010; Pub. L.

89-171, pt. I, Sec. 106(b), Sept. 6, 1965, 79 Stat. 656; Pub. L.

89-583, pt. I, Sec. 107(d), Sept. 19, 1966, 80 Stat. 801; Pub. L.

90-137, pt. I, Sec. 110(b), Nov. 14, 1967, 81 Stat. 454; Pub. L.

90-554, pt. I, Sec. 108, Oct. 8, 1968, 82 Stat. 962; Pub. L.

91-175, pt. I, Sec. 108(b)-(d), Dec. 30, 1969, 83 Stat. 819; Pub.

L. 92-226, pt. I, Sec. 107, Feb. 7, 1972, 86 Stat. 23; Pub. L.

93-189, Sec. 9(2)-(5), Dec. 17, 1973, 87 Stat. 719; Pub. L. 93-559,

Sec. 9, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94-161, title III,

Sec. 313(a), Dec. 20, 1975, 89 Stat. 866; Pub. L. 94-329, title V,

Sec. 505, June 30, 1976, 90 Stat. 764; Pub. L. 95-88, title I, Sec.

118(a), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95-424, title I, Sec.

117(a), (b)(1), (c), title VI, Sec. 604, Oct. 6, 1978, 92 Stat.

952, 953, 961; Pub. L. 96-53, title I, Sec. 114(a), Aug. 14, 1979,

93 Stat. 364; Pub. L. 96-533, title III, Sec. 309, Dec. 16, 1980,

94 Stat. 3148; Pub. L. 97-113, title III, Sec. 311(b), title VII,

Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1536, 1560; Pub. L. 99-83,

title IV, Sec. 402(a), Aug. 8, 1985, 99 Stat. 217; Pub. L. 99-529,

title IV, Sec. 404(2), Oct. 24, 1986, 100 Stat. 3019; Pub. L.

100-690, title IV, Sec. 4107, Nov. 18, 1988, 102 Stat. 4266; Pub.

L. 106-264, title I, Sec. 112(a), Aug. 19, 2000, 114 Stat. 753.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, 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.

-MISC1-

AMENDMENTS

2000 - Subsecs. (k), (l). Pub. L. 106-264 added subsecs. (k) and

(l).

1988 - Subsec. (j). Pub. L. 100-690 added subsec. (j).

1986 - Subsec. (a)(1). Pub. L. 99-529 substituted "$236,084,000

for fiscal year 1987" for "$270,000,000 for fiscal year 1987".

1985 - Subsec. (a)(1). Pub. L. 99-83 substituted provisions

relating to amounts authorized, percentages, and covered programs

for fiscal years 1986 and 1987, for provisions relating to amounts

authorized, percentages, and covered programs for fiscal years 1982

and 1983.

1981 - Subsec. (a)(1). Pub. L. 97-113 substituted appropriations

of $218,600,000 for fiscal years 1982 and 1983 for appropriation of

$233,350,000 for fiscal year 1981 and added cls. (A) to (E).

Subsec. (a)(3). Pub. L. 97-113 struck out par. (3) which

prohibited, for fiscal year 1979, funding of the United Nations

Institute for Namibia unless the President found that the money

would not be used for Southwest African Peoples Organization.

1980 - Subsec. (a)(1). Pub. L. 96-533 substituted appropriations

authorization of $233,350,000 for fiscal year 1981 for prior

authorization of $267,280,000 for fiscal year 1980, including

$42,500,000 of this amount for voluntary contributions to the

United Nations Relief and Works Agency for Palestine Refugees,

increasable to $52,000,000 upon certification of the President to

Congress that members of Organization of Petroleum Exporting

Countries have made equivalent matching contributions.

1979 - Subsec. (a)(1). Pub. L. 96-53 substituted provisions

authorizing appropriations of $267,280,000 for fiscal year 1980,

for provisions authorizing appropriations of $285,450,000 for

fiscal year 1979 and provisions respecting availability of funds

for United Nations Trust Fund on South Africa, and the Namibia

Institute, and availability of appropriations for fiscal year 1978.

1978 - Subsec. (a)(1). Pub. L. 95-424, Sec. 117(a), (b)(1),

substituted "$285,450,000 for the fiscal year 1979 of which not to

exceed $300,000 shall be available for contributions to the United

Nations Trust Fund on South Africa" for "for the fiscal year 1977,

$219,900,000 and for the fiscal year 1978, $252,000,000";

substituted "fiscal year 1978, not to exceed $52,000,000" for

"fiscal year 1978, not to exceed $42,500,000", and inserted

provision relating to voluntary contributions to the United Nations

Relief and Works Agency for Palestine Refugees.

Subsec. (a)(3). Pub. L. 95-424, Sec. 117(c), added par. (3).

Subsec. (d). Pub. L. 95-424, Sec. 604, struck out subsec. (d)

which related to contributions to the United Nations Children's

Fund for fiscal years 1976 and 1977.

Subsec. (e). Pub. L. 95-424, Sec. 604, struck out subsec. (e)

which related to added contributions for expansion of technical and

vocational training of Arab refugees.

Subsec. (f). Pub. L. 95-424, Sec. 604, struck out subsec. (f)

which related to appropriation of Egyptian pounds for technical and

vocational training and other assistance to Arab refugees.

Subsec. (g). Pub. L. 95-424, Sec. 604, struck out subsec. (g)

which related to availability of funds for the International Atomic

Energy Agency.

Subsec. (h). Pub. L. 95-424, Sec. 604, struck out subsec. (h)

which related to prohibition of expenditures for the United Nations

Educational, Scientific, and Cultural Organization.

1977 - Subsec. (a)(1). Pub. L. 95-88 struck out provisions which

authorized appropriations of $127,822,000 for fiscal year 1974,

$165,000,000 for fiscal year 1975, and $194,500,000 for fiscal year

1976, inserted provisions authorizing an appropriation of

$252,000,000 for fiscal year 1978, and inserted requirement that,

of the funds authorized to be appropriated under subsec. (a) for

fiscal year 1978, not to exceed $42,500,000 be available for

voluntary contributions to the United Nations Relief and Works

Agency for Palestine Refugees.

1976 - Subsec. (i). Pub. L. 94-329 added subsec. (i).

1975 - Subsec. (a)(1). Pub. L. 94-161, Sec. 313(a)(1)(A), (B),

authorized appropriations of $194,500,000 and $219,900,000 for

fiscal years 1976 and 1977, required maximum contribution of

$250,000 to be made to the Namibia Institute, and designated

existing provisions as par. (1).

Subsec. (a)(2). Pub. L. 94-161, Sec. 313(a)(1)(C), added par.

(2).

Subsec. (b)(1). Pub. L. 94-161, Sec. 313(a)(2), substituted

"$61,220,000" for "$51,220,000".

Subsec. (b)(2). Pub. L. 94-161, Sec. 313(a)(3), authorized

appropriations of $27,000,000 for use beginning in fiscal year

1976.

Subsec. (d). Pub. L. 94-161, Sec. 313(a)(4), substituted

appropriations authorization of $20,000,000 for fiscal years 1976

and 1977, for prior appropriations authorization of $18,000,000 for

fiscal years 1974 and 1975.

1974 - Subsec. (a). Pub. L. 93-559, Sec. 9(a)(1), increased

appropriations authorization for fiscal year 1975 to $165,000,000

from $150,000,000.

Subsecs. (g), (h). Pub. L. 93-559, Sec. 9(a)(2), added subsecs.

(g) and (h).

1973 - Subsec. (a). Pub. L. 93-189, Sec. 9(2), substituted "for

the fiscal year 1974, $127,822,000 and for the fiscal year 1975,

$150,000,000", for "for the fiscal year 1972, $138,000,000 and for

the fiscal year 1973, $138,000,000".

Subsec. (b)(2). Pub. L. 93-189, Sec. 9(3), substituted "for use

in the fiscal year 1974, $14,500,000, and for use in the fiscal

year 1975, $14,500,000", for "for use in the fiscal year 1972,

$15,000,000, and for use in the fiscal year 1973, $15,000,000".

Subsec. (d). Pub. L. 93-189, Sec. 9(4), substituted provisions

directing that out of the funds made available for carrying out

this part $18,000,000 be available in each of fiscal years 1974 and

1975 for contributions to the United Nations Children's Fund, for

provisions authorizing the appropriation of $1,000,000 for fiscal

year 1969 for contributions to the United Nations Children's Fund

during the calendar year 1969 and directing that funds made thus

available be in addition to funds available under this chapter or

any other Act for such contributions and not be taken into account

in computing the aggregate amount of United States contributions to

such fund for the calendar year 1969.

Subsec. (e). Pub. L. 93-189, Sec. 9(5), substituted "$2,000,000

for the fiscal year 1974 and $2,000,000 for the fiscal year 1975",

for "$1,000,000 for the fiscal year 1972 and $1,000,000 for the

fiscal year 1973".

1972 - Subsec. (a). Pub. L. 92-226, Sec. 107(a), authorized

appropriations of $138,000,000 for fiscal years 1972 and 1973, and

struck out provisions for authorization of $122,620,000 for fiscal

years 1970 and 1971.

Subsec. (b)(2). Pub. L. 92-226, Sec. 107(b), authorized

appropriations of $15,000,000 for fiscal years 1972 and 1973, and

struck out provision for authorization of $7,530,000 for fiscal

years 1970 and 1971; and prohibited the President from exercising

any special authority to transfer any amount appropriated under

par. (2) to, and to consolidate such amount with, any funds made

available under any other provision of this chapter.

Subsec. (e). Pub. L. 92-226, Sec. 107(c), authorized

appropriations of $1,000,000 for fiscal years 1972 and 1973, and

struck out provision for authorization of $1,000,000 for fiscal

years 1970 and 1971.

Subsec. (f). Pub. L. 92-226, Sec. 107(d), added subsec. (f).

1969 - Subsec. (a). Pub. L. 91-175, Sec. 108(b), substituted

"fiscal year 1970, $122,620,000, and for the fiscal year 1971,

$122,620,000" for "fiscal year 1969, $135,000,000".

Subsec. (b). Pub. L. 91-175, Sec. 108(c), designated existing

provisions as par. (1) and added par. (2).

Subsec. (e). Pub. L. 91-175, Sec. 108(d), added subsec. (e).

1968 - Subsec. (a). Pub. L. 90-554, Sec. 108(a), substituted

authorization of $135,000,000 for fiscal year 1969, for

authorization of $141,000,000 for fiscal year 1968.

Subsec. (d). Pub. L. 90-554, Sec. 108(b), added subsec. (d).

1967 - Subsec. (a). Pub. L. 90-137, Sec. 110(b)(1), substituted

authorization of $141,000,000 for fiscal year 1968, for

authorization of $140,433,000, for fiscal year 1967.

Subsec. (b). Pub. L. 90-137, Sec. 110(b)(2), substituted

appropriation authorization of $51,220,000 for fiscal year 1969,

for Indus Basin Development for appropriations authorization of

$1,000,000 for fiscal year 1967, for contributions to United

Nations Children's Fund during calendar year 1967 and for exclusion

of such contributions from computation of aggregate amount of

United States contributions to the fund during calendar year 1967.

1966 - Subsec. (a). Pub. L. 89-583 designated existing provisions

as subsec. (a) and (c), substituted in subsec. (a) "grants" for

"use" and authorization of $140,433,000 for fiscal year 1967 for

authorization of $144,755,000 for fiscal year 1966, and added

subsec. (b).

1965 - Pub. L. 89-171 substituted "1966" and "$144,755,000" for

"1965" and "$134,272,400", respectively.

1964 - Pub. L. 88-633 substituted "1965" and "$134,272,400" for

"1964" and "$136,050,000", respectively, and prohibited

contribution of funds for payment of costs of volunteer manpower

programs.

1963 - Pub. L. 88-205 substituted "1964" and "$136,050,000" for

"1963" and "$148,900,000", respectively.

1962 - Pub. L. 87-565 substituted "1963" and "$148,900,000" for

"1962" and "$153,500,000", respectively.

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 section 2151-1 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section

605 of Pub. L. 95-424, set out as a note under section 2151 of this

title.

-TRANS-

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.

-MISC2-

REPORT TO CONGRESS ON PALESTINE REFUGEE RATION DISTRIBUTION SYSTEM

Section 117(b)(2) of Pub. L. 95-424 which provided that, not

later than Jan. 31, 1979, the Secretary of State provide the

Committee on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives with a full

and detailed report on the progress made by the

Commissioner-General of the United Nations Relief and Works Agency

to improve the ration distribution system so that food to Palestine

refugees can be more equitably distributed on the basis of need,

rather than entitlement, was repealed by Pub. L. 97-113, title VII,

Sec. 734(a)(5), Dec. 29, 1981, 95 Stat. 1560.

AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS TO THE WORLD

ASSEMBLY ON AGING

Section 117(e) of Pub. L. 95-424 provided that: "In addition to

amounts otherwise available for such purpose, there are authorized

to be appropriated to the President not to exceed $1,000,000 for

contributions to the World Assembly on Aging to be convened under

the auspices of the United Nations, except that the amount so

contributed may not exceed 25 percent of the expenditures of such

Assembly. Amounts appropriated under this subsection [this note]

are authorized to remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 13388.

-End-

-CITE-

22 USC Sec. 2223 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2223. Indus Basin development

-STATUTE-

In the event that funds made available under this chapter (other

than subchapter II of this chapter) are used by or under the

supervision of the International Bank for Reconstruction and

Development in furtherance of the development of the Indus Basin

through the program of cooperation among South Asian and other

countries of the free world, which is designed to promote economic

growth and political stability in South Asia, such funds may be

used in accordance with requirements, standards, or procedures

established by the Bank concerning completion of plans and cost

estimates and determination of feasibility, rather than with

requirements, standards, or procedures, concerning such matters set

forth in this chapter or other Acts; and such funds may also be

used without regard to the provisions of section 1241(b) of title

46, Appendix, whenever the President determines that such

provisions cannot be fully satisfied without seriously impeding or

preventing accomplishment of the purposes of such programs:

Provided, That compensating allowances are made in the

administration of other programs to the same or other areas to

which the requirements of said section 1241(b) of title 46,

Appendix, are applicable.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 303, Sept. 4, 1961, 75 Stat. 433.)

-REFTEXT-

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, as

amended, 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.

-MISC1-

REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF

SUBCHAPTER II

References to subchapter II of this chapter are deemed to exclude

parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII

(Sec. 2349aa et seq.) of subchapter II, and references to

subchapter I of this chapter are deemed to include such parts. See

section 202(b) of Pub. L. 92-226, set out as a note under section

2346 of this title, and sections 2348c and 2349aa-5 of this title.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2394 of this title.

-End-

-CITE-

22 USC Sec. 2224 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2224. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,

1978, 92 Stat. 961

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 304, as added Pub. L.

90-137, pt. I, Sec. 110(c), Nov. 14, 1967, 81 Stat. 454, related to

exploration by the President of means and prospects of establishing

improved peacekeeping arrangements for standby forces maintained by

the United Nations.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,

set out as an Effective Date of 1978 Amendment note under section

2151 of this title.

-End-

-CITE-

22 USC Sec. 2225 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2225. Integration of women

-STATUTE-

The President is requested to instruct each representative of the

United States to each international organization of which the

United States is a member (including but not limited to the

International Bank for Reconstruction and Development, the Asian

Development Bank, the Inter-American Development Bank, the

International Monetary Fund, the United Nations, and the

Organization for Economic Cooperation and Development) to carry out

their duties with respect to such organizations in such a manner as

to encourage and promote the integration of women into the national

economies of member and recipient countries and into professional

and policy-making positions within such organizations, thereby

improving the status of women. The President is further requested,

in making United States contributions to such organizations, to

take into account the progress, or lack of progress, of such

organizations in adopting and implementing policies and practices

which encourage and promote the integration of women into the

national economies of member and recipient countries, and into

professional and policy-making positions within such organizations,

in accordance with the World Plan of Action of the Decade for

Women.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 305, as added Pub. L. 93-559, Sec. 54,

Dec. 30, 1974, 88 Stat. 1818; amended Pub. L. 94-161, title III,

Sec. 313(b), Dec. 20, 1975, 89 Stat. 866; Pub. L. 95-88, title I,

Sec. 118(b), Aug. 3, 1977, 91 Stat. 540.)

-MISC1-

AMENDMENTS

1977 - Pub. L. 95-88 inserted request that President, in making

United States contributions, take into account the progress, or

lack of progress, of organizations in adopting and implementing

policies and practices which encourage and promote the integration

of women into the national economies of member and recipient

countries, and into professional and policy-making positions within

such organizations, in accordance with the World Plan of Action of

the Decade for Women.

1975 - Pub. L. 94-161 corrected the credit to read "pt. I" rather

than "pt. III".

-TRANS-

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.

-End-

-CITE-

22 USC Sec. 2226 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2226. Reports on international organizations

-STATUTE-

The annual reports to the Congress under section 262a of this

title, shall be submitted within nine months after the end of the

fiscal year to which they relate.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 306, as added Pub. L. 96-533, title

VII, Sec. 703, Dec. 16, 1980, 94 Stat. 3157; amended Pub. L.

105-362, title XIII, Sec. 1301(b), Nov. 10, 1998, 112 Stat. 3293.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-362 struck out subsec. (a) designation and

struck out subsec. (b) which related to President's semiannual

reports to Congress concerning voluntary contributions by United

States Government to international organizations.

-End-

-CITE-

22 USC Sec. 2227 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

Part III - International Organizations and Programs

-HEAD-

Sec. 2227. Withholding of United States proportionate share for

certain programs of international organizations

-STATUTE-

(a) Covered programs

Notwithstanding any other provision of law, none of the funds

authorized to be appropriated by this part shall be available for

the United States proportionate share for programs for Burma, Iraq,

North Korea, Syria, Libya, Iran, Cuba, or the Palestine Liberation

Organization or for projects whose purpose is to provide benefits

to the Palestine Liberation Organization or entities associated

with it, or at the discretion of the President, Communist countries

listed in section 2370(f) of this title.

(b) Review and report by Secretary of State

The Secretary of State -

(1) shall review, at least annually, the budgets and accounts

of all international organizations receiving payments of any

funds authorized to be appropriated by this part; and

(2) shall report to the appropriate committees of the Congress

the amounts of funds expended by each such organization for the

purposes described in subsection (a) of this section and the

amount contributed by the United States to each such

organization.

(c) Exceptions

(1) Subject to paragraph (2), the limitations of subsection (a)

of this section shall not apply to contributions to the

International Atomic Energy Agency or the United Nations Children's

Fund (UNICEF).

(2)(A) Except as provided in subparagraph (B), with respect to

funds authorized to be appropriated by this part and available for

the International Atomic Energy Agency, the limitations of

subsection (a) of this section shall apply to programs or projects

of such Agency in Cuba.

(B)(i) Subparagraph (A) shall not apply with respect to programs

or projects of the International Atomic Energy Agency that provide

for the discontinuation, dismantling, or safety inspection of

nuclear facilities or related materials, or for inspections and

similar activities designed to prevent the development of nuclear

weapons by a country described in subsection (a) of this section.

(ii) Clause (i) shall not apply with respect to the Juragua

Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear

Research Center unless Cuba -

(I) ratifies the Treaty on the Non-Proliferation of Nuclear

Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear

Weapons in Latin America (commonly known as the Treaty of

Tlatelolco);

(II) negotiates full-scope safeguards of the International

Atomic Energy Agency not later than two years after ratification

by Cuba of such Treaty; and

(III) incorporates internationally accepted nuclear safety

standards.

(d) Programs and projects of the International Atomic Energy Agency

in Iran

(1) Notwithstanding subsection (c) of this section, if the

Secretary of State determines that programs and projects of the

International Atomic Energy Agency in Iran are inconsistent with

United States nuclear nonproliferation and safety goals, will

provide Iran with training or expertise relevant to the development

of nuclear weapons, or are being used as a cover for the

acquisition of sensitive nuclear technology, the limitations of

subsection (a) of this section shall apply to such programs and

projects, and the Secretary of State shall so notify the

appropriate congressional committees (as defined in section 3 of

the Foreign Relations Authorization Act, Fiscal Year 2003).

(2) A determination made by the Secretary of State under

paragraph (1) shall be effective for the 1-year period beginning on

the date of the determination.