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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-CITE-

22 USC CHAPTER 32 - FOREIGN ASSISTANCE 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

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CHAPTER 32 - FOREIGN ASSISTANCE

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SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

PART I - DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE

AUTHORIZATIONS

Sec.

2151. Congressional findings and declaration of policy.

(a) United States development cooperation

policy.

(b) Coordination of development-related

activities.

2151-1. Development assistance policy.

(a) Principal purpose of bilateral development

assistance.

(b) Form of assistance; principles governing

assistance.

(c) Worldwide cooperative effort to overcome

aspects of absolute poverty.

2151a. Agricultural development in rural areas.

(a) Authorization to President to furnish

assistance; appropriations.

(b) Use of assistance primarily in aid of rural

poor; multilateral infrastructure projects;

forestry projects.

(c) Increased agricultural production in least

developed countries.

(d) Coordination with population planning and

health programs.

(e) Use of local currency proceeds from sales of

commodities.

(f) National food security policies and

programs; bilateral and multilateral

assistance.

(g) International Fund for Agricultural

Development; participation and

contributions; availability of

appropriations.

2151a-1. Agricultural research.

2151b. Population planning and health programs.

(a) Congressional declaration of policy.

(b) Assistance for voluntary population

planning.

(c) Assistance for health programs; special

health needs of children and mothers; Child

Survival Fund; promotion of immunization

and oral rehydration; control of AIDS and

tuberculosis.

(d) Administration of assistance.

(e) Research and analysis.

(f) Prohibition on use of funds for performance

or research respecting abortions or

involuntary sterilization.

(g) Authorization of appropriations.

2151b-1. Assistance for malaria prevention, treatment,

control, and elimination.

(a) Assistance.

(b) Authorization of appropriations.

2151c. Education and human resources development.

(a) General authority.

(b) Scope of assistance programs.

2151d. Development of indigenous energy resources.

(a) Congressional statement of findings.

(b) General assistance authority; cooperative

programs in energy production and

conservation; program goals.

(c) Administrative coordination of planning and

implementation of programs.

(d) Assistance for programs of technical

cooperation and development, research, etc.

(e) Authorization of appropriations.

(f) Financing cooperative projects among United

States, Israel, and developing countries.

2151e. Appropriate technology.

2151f. Micro- and small enterprise development credits.

(a) Findings and policy.

(b) Program.

(c) Eligibility criteria.

(d) Additional requirement.

(e) Procurement provision.

(f) Availability of funds.

2151g. Transfer of funds.

2151h. Cost-sharing.

2151i. Development and use of cooperatives.

2151j. Repealed.

2151k. Integrating women into national economies; report.

(a) Particular programs, projects, and

activities.

(b) Assistance to encourage participation and

integration of women; prohibition against

separate assistance program for women.

(c) Funds for United Nations Decade for Women.

2151l,

2151m. Repealed.

2151n. Human rights and development assistance.

(a) Violations barring assistance; assistance

for needy people.

(b) Information to Congressional committees for

realization of assistance for needy people;

concurrent resolution terminating

assistance.

(b) Protection of children from exploitation.

(c) Factors considered.

(d) Report to Speaker of House and Committee on

Foreign Relations of the Senate.

(e) Promotion of civil and political rights.

(f) Annual country reports on human rights

practices.

2151n-1. Repealed.

2151n-2. Human Rights and Democracy Fund.

(a) Establishment of Fund.

(b) Purposes of Fund.

(c) Funding.

2151o. Repealed.

2151p. Environmental and natural resources.

(a) Congressional statement of findings.

(b) Assistance authority and emphasis.

(c) Implementation considerations applicable to

programs and projects.

2151p-1. Tropical forests.

(a) Importance of forests and tree cover.

(b) Priorities.

(c) Assistance to developing countries.

(d) PVOs and other nongovernmental

organizations.

(e) Country analysis requirements.

(f) Annual report.

2151q. Endangered species.

(a) Congressional findings and purposes.

(b) Remedial measures.

(c) Funding level.

(d) Country analysis requirements.

(e) Local involvement.

(f) PVOs and other nongovernmental

organizations.

(g) Actions by AID.

(h) Annual reports.

2151r. Sahel development program; planning.

(a) Congressional support.

(b) Presidential authorization.

(c) Presidential guidelines.

2151s. Repealed.

2151t. Development assistance authority.

(a) Authority of President to furnish

assistance.

(b) Authority of President to make loans; terms

and conditions.

(c) Dollar receipts from loans to be paid into

Treasury.

(d) Assistance to research and educational

institutions in United States; limitation

on amounts.

(e) Development Loan Committee; establishment;

duties; appointment of officers.

2151t-1. Establishment of program.

(a) In general.

(b) Participation of other agencies.

2151u. Private and voluntary organizations and

cooperatives in overseas development.

(a) Congressional finding of importance of

participation by private and voluntary

organizations.

(b) Payment of transportation charges on

shipments by American National Red Cross

and United States voluntary agencies.

(c) Reimbursement for transportation charges.

(d) Arrangements with receiving country for free

entry of shipments and for availability of

local currency to defray transportation

costs.

(e) Continuation of support for programs in

countries antedating prohibitions on

assistance; national interest

considerations; report to Congress.

(f) Funds for private and voluntary

organizations.

(g) Repealed.

(h) Promotion of democratic cooperatives.

2151v. Aid to relatively least developed countries.

(a) Characterization of least developed

countries.

(b) Assistance on grant basis.

(c) Waiver of principal and interest on prior

liability.

(d) Waiver of requirement of contribution.

(e) Waiver of time limitations on aid.

2151w. Project and program evaluations.

2151x. Development and illicit narcotics production.

(a) Congressional statement of findings.

(b) Program planning priorities; resource

utilization.

(c) Administrative requirements.

2151x-1. Assistance for agricultural and industrial

alternatives to narcotics production.

(a) Waiver of restrictions.

(b) Effective date.

2151x-2. Assistance in furtherance of narcotics control

objectives of United States.

(a) Waiver of certain restrictions.

(b) Description of restrictions waived.

(c) "Economic assistance" defined.

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.

2151z. Targeted assistance.

(a) Determination of target populations and

strengthening United States assistance.

(b) Ultimate beneficiaries of activities.

2151aa. Program to provide technical assistance to foreign

governments and foreign central banks of

developing or transitional countries.

(a) Establishment of program.

(b) Conduct of program.

(c) Administrative requirements.

(d) Administrative authorities.

(e) Issuance of regulations.

(f) Rule of construction.

(g) Termination of assistance.

(h) Report.

(i) Definitions.

(j) Authorization of appropriations.

2152. Assistance for victims of torture.

(a) In general.

(b) Eligibility for grants.

(c) Use of funds.

2152a. Microenterprise development grant assistance.

(a) Findings and policy.

(b) Authorization.

(c) Monitoring system.

(d) Level of assistance.

(e) Definitions.

2152b. United States Microfinance Loan Facility.

(a) Establishment.

(b) Disbursements.

(c) General provisions.

(d) Funding.

(e) Definitions.

2152c. Programs to encourage good governance.

(a) Establishment of programs.

(b) Specific projects and activities.

(c) Conduct of projects and activities.

(d) Biennial reports.

(e) Funding.

2152d. Assistance to foreign countries to meet minimum

standards for the elimination of trafficking.

(a) Authorization.

(b) Funding.

2152e. Program to improve building construction and

practices in Latin American countries.

(a) In general.

(b) Program description.

PART II - OTHER PROGRAMS

SUBPART I - MULTILATERAL AND REGIONAL DEVELOPMENT PROGRAMS

2161 to

2165. Repealed.

2166. Regional development in Africa.

2167, 2168. Repealed.

2169. Multilateral, regional, and bilateral programs.

(a) Multilateral programs.

(b) Regional programs.

(c) Federal funds to multilateral lending

institutions and multilateral organizations

for loans to foreign countries; increase.

SUBPART II - AMERICAN SCHOOLS AND HOSPITALS ABROAD; PROTOTYPE

DESALTING PLANTS

2171 to

2173. Repealed.

2174. American schools, libraries, and hospital centers

abroad.

(a) Assistance for schools and libraries.

(b) Assistance for hospital centers.

(c) Authorization of appropriations.

(d) Pediatric plastic and reconstructive surgery

centers.

2175 to

2178. Repealed.

2179. Prototype desalting plant.

(a) Assistance in development.

(b) Terms and conditions.

(c) Contracts.

(d) Patents.

(e) Federal agencies.

(f) Authorization of appropriations.

(g) Restrictions on appropriations.

2180, 2180a.Repealed.

SUBPART III - SHELTER AND OTHER CREDIT GUARANTY PROGRAMS

2181. Policy.

2182. Authorization for worldwide shelter guarantees.

(a) Authorization to issue guarantees to

eligible investors.

(b) Emphasis on certain activities.

(c) Use of solar energy technology.

(k) Minimum annual program levels.

2182a. Agricultural and productive credit and self-help

community development programs.

(a) Financing pilot programs; scope.

(b) Guaranties; percentage limitation.

(c) Total and individual amount of guaranties.

(d) Inter-American Foundation consultations.

(e) Guaranty reserve.

(f) Administrative and operating expenses;

funds.

(g) Transfer of Overseas Private Investment

Corporation's obligations and assets.

(h) Termination of authority.

(i) Excess foreign currencies; use.

2183. General provisions.

(a) Fees; determination by President; reduction.

(b) Accumulated and existing fees; expenditure

of fees; revolving fund account;

investments; use of investment income.

(c) Priorities of funds for guaranty payments.

(d) Guaranties as obligations backed by full

faith and credit of United States.

(e) Authorization of appropriations; borrowing

authority.

(f) Agency determination of maximum rate of

interest.

(g) Guaranties under prior acts.

(h) Fraud or misrepresentation.

(i) Repealed.

(j) Guaranties for housing projects; percentage

requirement for families with income below

median income.

2184. Trade credit insurance program for Central

America.

(a) Guarantees to Export-Import Bank; financial

transactions with private sector in Central

American countries.

(b) Extent of guarantees; agreements; reserve

fund.

(c) Deadline for guarantee commitments.

(d) Availability of appropriated funds.

(e) Guarantee commitments limit.

(f) Credits to reserve fund.

(g) Omitted.

(h) Administrative and technical assistance.

2185. Trade credit insurance program for Poland.

(a) General authority.

(b) Guarantees available only for short-term

guarantees and insurance.

(c) Agreement on criteria and procedures.

(d) Reserve fund.

(e) Discharge of liabilities.

(f) Appropriations action required.

(g) Limitation on outstanding commitments.

(h) Omitted.

(i) Administrative and technical assistance.

(j) Fees and premiums.

(k) Restrictions not applicable.

(l) Expiration of authority.

(m) Definitions.

2186. Loan guarantees to Israel program.

(a) In general.

(b) Fiscal year levels.

(c) Use of guarantees.

(d) Limitation on guarantee amount.

(e) Fees.

(f) Authority to suspend.

(g) Procedures for suspension or termination.

(h) Economic context.

(i) Consultations.

(j) Goods and services.

(k) Reports.

(l) Applicability of certain sections.

(m) Terms and conditions.

SUBPART IV - OVERSEAS PRIVATE INVESTMENT CORPORATION

2191. Congressional statement of purpose; creation and

functions of Corporation.

2191a. Additional requirements.

(a) Worker rights.

(b) Environmental impact.

(c) Public hearings.

2192. Capital of the Corporation.

2193. Organization and management.

(a) Structure.

(b) Board of directors.

(c) President.

(d) Officers and staff.

(e) Investment advisory council.

2194. Investment insurance and other programs.

(a) Investment insurance.

(b) Investment guaranties.

(c) Direct investment.

(d) Investment encouragement.

(e) Special projects and programs.

(f) Additional insurance functions.

(g) Pilot equity finance program.

2194a. Contract authority of Corporation; specific

authorization in appropriation Acts required.

2194b. Enhancing private political risk insurance

industry.

(a) Cooperative programs.

(b) Advisory group.

2195. Issuing authority, direct investment authority and

reserves.

(a) Issuing authority.

(b) Repealed.

(c) Insurance Reserve; Guaranty Reserve.

(d) Priority of funds used to discharge

liabilities.

(e) Reserves from predecessor guaranty

authority.

(f) Authorization of appropriations; issuance,

etc., of obligations by Corporation for

purchase by Secretary of the Treasury.

2196. Income and revenues.

2197. General provisions relating to insurance,

guaranty, financing, and reinsurance programs.

(a) Scope.

(b) Protection of interest.

(c) Guaranties as obligations backed by full

faith and credit of United States.

(d) Fees.

(e) Maximum term of obligation.

(f) Limitations on amounts.

(g) Fraud or misrepresentation.

(h) Limits of obligation.

(i) Claims settlement.

(j) Presumption of compliance.

(k) Balance of payments.

(l) 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.

(m) Notification of countries of environmental

restrictions on certain activities.

(n) Penalties for fraud.

(o) Use of local currencies.

2198. Definitions.

2199. General provisions and powers.

(a) Place of residence.

(b) Transfer of prior obligations, etc.;

administration prior to transfer.

(c) Audits of the Corporation.

(d) Powers of Corporation.

(e) Reviews, investigations, and inspections by

Inspector General of Agency for

International Development.

(f) Programs for Yugoslavia, Poland, Hungary,

Romania, the People's Republic of China, or

Pakistan; national interest.

(g) Environmental impact assessments.

(h) Preparation, maintenance, and contents of

development impact profile for investment

projects; development of criteria for

evaluating projects.

(i) Observance of and respect for human rights

and fundamental freedoms as considerations

for conduct of assistance programs, etc.;

provisions applicable for determinations;

exceptions.

(j) Exemption from taxation.

(k) Publication of policy guidelines.

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.

2200a. Reports to Congress.

(a) Annual report.

(b) Effect of all projects on employment in

United States to be included in annual

report.

(c) Repealed.

(d) Maintenance of records.

(e) Assessment of cooperative political risk

insurance program.

(f) Information not required to be made

available to public excluded from reports.

2200b. Prohibition on noncompetitive awarding of

insurance contracts on OPIC supported exports.

(a) Requirement for certification.

(b) Reports by United States Trade

Representative.

(c) Definitions.

SUBPART V - DISADVANTAGED CHILDREN IN ASIA

2201. Assistance to disadvantaged children in Asia.

(a) Congressional findings.

(b) Authority of President.

SUBPART VI - ALLIANCE FOR PROGRESS

2211 to

2213. Repealed.

SUBPART VII - EVALUATION OF PROGRAMS

2216. Repealed.

SUBPART VIII - SOUTHEAST ASIA MULTILATERAL AND REGIONAL PROGRAMS

2217 to

2217b. Repealed.

SUBPART IX - UTILIZATION OF DEMOCRATIC INSTITUTIONS IN DEVELOPMENT

2218. Utilization of democratic institutions in

development.

(a) Popular participation through encouragement

of democratic institutions.

(b) Human and intellectual resources;

self-government through civic education and

training in requisite skills.

(c) Political, social, and related obstacles to

development; democratic social and

political trends.

(d) Implementation of objectives through

application of experience gained from

program evaluation.

(e) Inservice training programs.

SUBPART X - PROGRAMS RELATING TO POPULATION GROWTH AND FAMILY

PLANNING

2219, 2219a.Repealed.

SUBPART XI - FOOD PRODUCTION TARGETS AND REPORTS

2220. Repealed.

SUBPART XII - FAMINE PREVENTION AND FREEDOM FROM HUNGER

2220a. General provisions.

(a) Congressional objectives and findings.

(b) Congressional declaration for collation of

components to increase world food

production.

(c) University involvement, participation, and

cooperation.

(d) Universities.

(e) Administrator.

(f) Public and private partners of universities.

(g) Agriculture.

(h) Agriculturists.

2220b. General authority.

(a) Programs and activities affecting

universities, agriculturally developing

countries, and research.

(b) Programs and activities respecting

university capabilities, benefiting

domestic and nondomestic agriculture, and

based on existing programs and

institutions.

(c) Activity objectives.

(d) Function of Administrator.

(e) Special programs.

2220c. Board for International Food and Agricultural

Development.

(a) Establishment; terms and expenses of

members.

(b) General areas of responsibility.

(c) Specific, but not exclusive, duties.

(d) Subordinate units; creation of Joint Policy

Committee, Joint Operations Committee, and

other units.

(e) Consultations in preparation of annual

report and on agricultural development

activities.

2220d. Funds for programs and activities.

(a) Funds available under section 2151a of this

title unaffected by other provisions.

(b) Foreign currencies.

(c) Other authorizations.

(d) Disclosure of funds to Administrator; annual

report.

2220e. Presidential report to Congress.

PART III - INTERNATIONAL ORGANIZATIONS AND PROGRAMS

2221. General authority.

(a) Voluntary contributions; grants and loans in

case of the Indus Basin Development Fund.

(b) Repealed.

(c) Palestine refugees; considerations and

conditions for furnishing assistance.

(d) Audit of funds; report to Congress and the

President.

(e) Evaluation of United Nations and its

affiliated organizations; International

Bank for Reconstruction and Development;

Asian Development Bank.

(f) International Fertilizer Development Center;

United States participation and assistance.

(g) Transfer of funding of technological

assistance programs to United Nations

Development Program.

(h) International Food Policy Research

Institute; availability of funds, etc.

2222. Authorization of appropriations.

(a) Grants.

(b) Indus Basin Development.

(c) Prohibition against contributions for

volunteer manpower programs.

(d) to (h) Repealed.

(i) International Atomic Energy Agency;

safeguards and inspections of nuclear

fissile facilities and materials.

(j) Authorization of appropriations for

multilateral and regional drug abuse

control programs.

(k) Authorization of appropriations for Global

Alliance for Vaccines and Immunizations.

(l) Authorization of appropriations for

International AIDS Vaccine Initiative.

2223. Indus Basin development.

2224. Repealed.

2225. Integration of women.

2226. Reports on international organizations.

2227. Withholding of United States proportionate share

for certain programs of international

organizations.

(a) Covered programs.

(b) Review and report by Secretary of State.

(c) Exceptions.

(d) Programs and projects of the International

Atomic Energy Agency in Iran.

PART IV - SUPPORTING ASSISTANCE

2241 to

2243. Repealed.

PART V - CONTINGENCIES

2261. Authorization of appropriations.

(a) Emergency assistance; reports to Speaker of

House and committees of Senate.

(b) Repealed.

(c) Prohibition against payment of gifts to

foreign officials.

2262. Transferred.

PART VI - CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT

INITIATIVE.

2271. Statement of policy.

(a) Congressional findings.

(b) Policy requirements.

(c) Additional Congressional findings.

2272. Conditions on furnishing assistance.

2273. Peace process in Central America.

2274. Economic assistance coordination.

(a) Congressional findings.

(b) Sense of Congress; Central American

Development Organization; establishment,

etc.

(c) Participation of President in Organization.

(d) Preparation and transmission of proposal for

implementation of provisions.

2275. Authorization of appropriations.

(a) Fiscal years 1988 and 1989.

(b) Transfer of funds.

2276. "Central American countries" defined.

PART VII - DEBT-FOR-NATURE EXCHANGES

2281. "Debt-for-nature exchange" defined.

2282. Assistance for commercial debt exchanges.

2283. Eligible projects.

2284. Eligible countries.

2285. Terms and conditions.

(a) Fulfillment upon final approval by

Administrator.

(b) Grants intended to complement assistance

otherwise available.

(c) Prohibition against acceptance of title or

interest in land as condition on debt

exchange.

2286. Pilot program for sub-Saharan Africa.

(a) List of areas of severely degraded national

resources or of biological or ecological

importance.

(b) Assessment of list; agreement for future use

of areas.

(c) Grants for purchase of discounted commercial

debt on open market; retention of interest

by grantee.

PART VIII - INTERNATIONAL NARCOTICS CONTROL

2291. Policy, general authorities, coordination, foreign

police actions, definitions, and other

provisions.

(a) Policy and general authorities.

(b) Coordination of all United States

antinarcotics assistance to foreign

countries.

(c) Participation in foreign police actions.

(d) Use of herbicides for aerial eradication.

(e) Definitions.

2291-1 to 2291-3. Repealed.

2291-4. Official immunity for authorized employees and

agents of United States and foreign countries

engaged in interdiction of aircraft used in

illicit drug trafficking.

(a) Employees and agents of foreign countries.

(b) Employees and agents of United States.

(c) Annual report.

(d) Definitions.

2291-5. Provision of nonlethal equipment to foreign law

enforcement organizations for cooperative illicit

narcotics control activities.

(a) In general.

(b) Additional requirement.

(c) Notification requirement.

(d) Sense of Congress.

2291a. Authorization of appropriations.

(a) Fiscal year authorization; availability of

funds.

(b) Procurement of weapons and ammunition.

(c) Contributions and reimbursement.

(d) Administrative assistance.

(e) Advance notification of transfer of seized

assets.

(f) Treatment of funds.

(g) Excess property.

2291b. Prohibition on use of foreign assistance for

reimbursements for drug crop eradications.

2291c. Requirements relating to aircraft and other

equipment.

(a) Retention of title to aircraft.

(b) Permissible uses of aircraft and other

equipment.

(c) Reports.

2291d. Records of aircraft use.

(a) Requirement to maintain records.

(b) Congressional access to records.

2291e. Reallocation of funds withheld from countries

which fail to take adequate steps to halt illicit

drug production or trafficking.

2291f. Prohibition on assistance to drug traffickers.

(a) Prohibition.

(b) Regulations.

(c) Congressional review of regulations.

2291g. Limitations on acquisition of real property and

construction of facilities.

(a) Acquisition of real property.

(b) Construction of facilities.

2291h. Reporting requirements.

(a) International narcotics control strategy

report.

(b) Annual reports on assistance.

2291i. Repealed.

2291j. Annual certification procedures.

(a) Withholding of bilateral assistance and

opposition to multilateral development

assistance.

(b) Certification procedures.

(c) Licit opium producing countries.

(d) Congressional review.

(e) Denial of assistance for countries

decertified.

(f) Recertification.

(g) Senate procedures.

(h) Determining major drug-transit and major

illicit drug producing countries.

2291j-1. International drug control certification

procedures.

2291k. Repealed.

PART IX - INTERNATIONAL DISASTER ASSISTANCE

2292. General provisions.

(a) Congressional policy.

(b) General authority.

(c) Specific direction.

2292a. Authorization of appropriations.

(a) Fiscal year authorization.

(b) Subsequent appropriations for reimbursement

of additional fiscal year obligations

charged against appropriation account.

2292a-1. Appropriated funds; Presidential reports to

Committees on Appropriations of the Senate and

the House.

2292b. Disaster assistance coordination through a Special

Coordinator for International Disaster

Assistance; Presidential appointment and duties.

2292c. Authorization of appropriations for disaster

relief and emergency recovery needs in Pakistan

and Nicaragua.

2292d,

2292e. Repealed or Transferred.

2292f. Cyprus: relief and rehabilitation; terms and

conditions; authorization of appropriations;

section 2292 policy and general authority

applicable.

2292g. Repealed.

2292h. Italy: relief, rehabilitation and reconstruction

assistance.

2292i. Lebanon: relief and rehabilitation.

(a) General authority.

(b) Authorization of appropriations.

(c) Section 2292 policy and general authority

applicable.

(d) Obligations charged to appropriations.

2292j. Romania: relief and rehabilitation.

(a) Authorization of assistance.

(b) Authorization of appropriations.

(c) Policies and general authority.

(d) Obligations charged against appropriations.

(e) Repealed.

(f) Human rights.

2292k. Turkey: relief, rehabilitation, and

reconstruction.

2292l. Africa: rehabilitation and resettlement.

(a) Congressional policy; general authority.

(b) Authorization of appropriations.

(c) Provisions of section 2292 of this title

applicable to this section.

2292m. Special Caribbean hurricane relief assistance.

2292n. Cambodia: disaster relief assistance.

(a) Congressional recognition and statement of

purpose; authority of President; scope of

assistance.

(b) Assistance through international agencies

and private voluntary organizations.

(c) Assistance procedures; monitoring of

deliveries.

(d) Authorization of appropriations; charges for

obligations incurred under other

appropriations or accounts; authority for

transfer of funds; agricultural commodity

assistance priorities.

(e) Section 2292 policies and general

authorities applicable.

2292o. Assistance for displaced persons in Central

America.

(a) Nature and scope of assistance.

(b) Authorization of appropriations.

(c) Applicable policies and authorities.

2292p. Lebanon: emergency relief, rehabilitation, and

reconstruction assistance.

(a) Congressional policy and authorization.

(b) Authorization of appropriations.

(c) Policies and general authority.

2292q. African famine assistance.

(a) Authorization of assistance.

(b) Uses of funds.

(c) Authorization of appropriations.

(d) Policies and authorities to be applied.

PART X - DEVELOPMENT FUND FOR AFRICA

2293. Long-term development assistance for sub-Saharan

Africa.

(a) Findings.

(b) Authority to furnish assistance.

(c) Purpose of assistance.

(d) Application of development assistance

general authorities and policies.

(e) Private and voluntary organizations.

(f) Local involvement in project implementation.

(g) Participation of African women.

(h) Types of assistance.

(i) Critical sectoral priorities.

(j) Minimum levels of assistance for certain

critical sectors.

(k) Effective use of assistance.

(l) Promotion of regional integration.

(m) Donor coordination mechanism.

(n) Relation to other authorities.

(o) Support for SADCC projects.

2294. Authorizations of appropriations for Development

Fund for Africa.

PART XI - SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE

INDEPENDENT STATES OF THE FORMER SOVIET UNION

2295. Assistance for the independent states.

2295a. Criteria for assistance to governments of the

independent states.

(a) In general.

(b) Ineligibility for assistance.

(c) Exceptions to ineligibility.

(d) Reduction in assistance for support of

intelligence facilities in Cuba.

2295b. Authorities relating to assistance and other

provisions.

(a) Assistance through governments and

nongovernmental organizations.

(b) Technical and managerial assistance.

(c) Enterprise funds.

(d) Cooperative development and research

projects.

(e) Administration of justice programs.

(f) Use of economic support funds.

(g) Use of SEED agency funds and administrative

authorities.

(h) Procurement restrictions.

(i) Terms and conditions.

(j) Waiver of certain provisions.

(k) Definitions.

2295c. Authorization of appropriations.

(a) In general.

(b) Operating expenses.

PART XII - SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF

THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA

2296. United States assistance to promote reconciliation

and recovery from regional conflicts.

(a) Purpose of assistance.

(b) Authorization for assistance.

(c) Activities supported.

2296a. Economic assistance.

(a) Purpose of assistance.

(b) Authorization for assistance.

(c) Activities supported.

2296b. Development of infrastructure.

(a) Purpose of programs.

(b) Authorization for programs.

(c) Activities supported.

2296c. Border control assistance.

(a) Purpose of assistance.

(b) Authorization for assistance.

(c) Activities supported.

2296d. Strengthening democracy, tolerance, and the

development of civil society.

(a) Purpose of assistance.

(b) Authorization for assistance.

(c) Activities supported.

2296e. Administrative authorities.

(a) Assistance through governments and

nongovernmental organizations.

(b) Use of economic support funds.

(c) Terms and conditions.

(d) Available authorities.

2296f. Definitions.

SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

PART I - DECLARATION OF POLICY

2301. Congressional statement of policy.

2302. Utilization of defense articles and defense

services.

2303. Repealed.

2304. Human rights and security assistance.

(a) Observance of human rights as principal goal

of foreign policy; implementation

requirements.

(b) Report by Secretary of State on practices of

proposed recipient countries;

considerations.

(c) Congressional request for information;

information required; 30-day period;

failure to supply information; termination

or restriction of assistance.

(d) Definitions.

(e) Removal of prohibition on assistance.

(f) Allocations concerned with performance

record of recipient countries without

contravention of other provisions.

(g) Report to Congress on use of certain

authorities relating to human rights

conditions.

(h) Report on practices of recipient countries

relating to trafficking in persons.

2305. National Security Assistance Strategy.

(a) Multiyear plan.

(b) Elements of the Strategy.

(c) Covered assistance.

PART II - MILITARY ASSISTANCE

2311. General authority.

(a) Defense articles and services; noncombatant

personnel; transfer of funds.

(b) Terms and conditions.

(c) Appropriation charges; exceptions.

2312. Authorization of appropriations.

(a) Authorization and availability of amounts.

(b) Programing and budgeting procedures.

2313. Transferred.

2314. Furnishing of defense articles or related training

or other defense service on grant basis.

(a) Conditions of eligibility.

(b) Limitation on amount; exceptions.

(c) Reduction and termination of grants to

countries able to maintain adequate

military forces without undue economic

strain.

(d) Termination of assistance; report of

violation by President; conditions for

reinstatement.

(e) Consent by President to transfer.

(f) Disposition of defense articles furnished on

a grant basis; net proceeds to be paid over

to the United States.

(g) Discrimination on basis of race, religion,

national origin, or sex prohibited.

2314a to

2317. Repealed or Transferred.

2318. Special authority.

(a) Unforeseen emergency; national interest;

determinations and reports to Congress;

limitation of defense articles, defense

services, and military education and

training furnished.

(b) Notification and information to Congress of

assistance furnished.

(c) Commercial transportation and related

services.

(d) Authorization of appropriations for

reimbursement of applicable funds.

2319 to

2321a. Repealed.

2321b. Excess defense article.

(a) to (c) Repealed.

(d) Reports to Congress.

2321c. Definitions.

2321d. Considerations in furnishing military assistance.

2321e to

2321g. Repealed.

2321h. Stockpiling of defense articles for foreign

countries.

(a) Transfer of defense articles.

(b) Fiscal year limits on new stockpiles or

additions to existing stockpiles located in

foreign countries.

(c) Location of stockpiles of defense articles.

(d) Transferred articles not to be considered

excess articles in determining value.

2321i. Overseas management of assistance and sales

programs.

(a) Assignment of military personnel for

performance of enumerated functions.

(b) Furnishing of advisory and training

assistance.

(c) Number of personnel assigned; waiver;

procedures applicable.

(d) Costs.

(e) Direction and supervision of assigned

personnel.

(f) Presidential directive respecting purchase

by foreign country of United States-made

military equipment.

2321j. Authority to transfer excess defense articles.

(a) Authorization.

(b) Limitations on transfers.

(c) Terms of transfers.

(d) Waiver of requirement for reimbursement of

Department of Defense expenses.

(e) Transportation and related costs.

(f) Advance notification to Congress for

transfer of certain excess defense

articles.

(g) Aggregate annual limitation.

(h) Congressional presentation documents.

(i) Excess Coast Guard property.

2321k. Designation of major non-NATO allies.

(a) Notice to Congress.

(b) Initial designations.

2321l to

2322. Repealed or Transferred.

PART III - FOREIGN MILITARY SALES

2341 to

2343. Repealed.

2344. Reimbursements.

(a) Separate fund account; transfers to such

account.

(b) Termination of account; special account for

discharge of Federal liabilities and

obligations; general fund for excess

moneys.

2345. Repealed.

PART IV - ECONOMIC SUPPORT FUND

2346. Authority.

(a) Policy requirements for assistance.

(b) Responsibility for policy decisions and

justifications.

(c) Detailed justification for uses and purposes

of funds.

(d) Repealed.

(e) Availability of funds.

2346a. Authorizations of appropriations.

(a) Recipients and purposes of funds.

(b) Availability of amounts.

2346b. Emergency assistance.

2346c. Administration of justice.

(a) Authorization of assistance; purposes.

(b) Scope of assistance.

(c) Availability of funds.

(d) Obligation of funds.

(e) Participation of Defense personnel in

training prohibited; availability of funds;

expiration of authority.

2346d to

2346i. Repealed or Transferred.

PART V - INTERNATIONAL MILITARY EDUCATION AND TRAINING

2347. General authority.

2347a. Authorization of appropriations.

2347b. Congressional declaration of purpose.

2347c. Exchange training; reciprocity agreement.

(a) Attendance of foreign military personnel at

professional military education

institutions.

(b) Attendance of foreign military and civilian

defense personnel at flight training

schools and programs.

(c) Post-undergraduate flying training at

tactical leadership programs at training

locations in Southwest Asia.

2347d. Training in maritime skills.

2347e. Prohibition on grant assistance for certain high

income foreign countries.

(a) In general.

(b) High-income foreign countries described.

2347f. Consultation requirement.

2347g. Records regarding foreign participants.

(a) Development and maintenance of database.

(b) Annual list of foreign personnel.

(c) Updating of database.

2347h. Human rights report.

(a) In general.

(b) Form.

PART VI - PEACEKEEPING OPERATIONS

2348. General authorization.

2348a. Authorization of appropriations.

(a) Fiscal years 1986 and 1987.

(b) Availability of funds.

(c) Emergency transfer of funds.

(d) Reimbursement of applicable appropriation,

fund, or account.

2348b. Repealed.

2348c. Administrative authorities.

2348d. Data on costs incurred in support of United

Nations peacekeeping operations.

(a) United States costs.

(b) United Nations member costs.

PART VII - AIR BASE CONSTRUCTION IN ISRAEL

2349. General authority.

2349a. Authorization and utilization of funds.

(a) Authorization of appropriation.

(b) Presidential authority to incur obligations

and enter into contracts.

(c) Crediting of funds to proper appropriation

account.

2349b. Waiver authorities.

(a) Efficient and timely completion of

authorized construction.

(b) Use of funds to pay for personal services

abroad.

PART VIII - ANTITERRORISM ASSISTANCE

2349aa. General authority.

2349aa-1. Purposes.

2349aa-2. Limitations.

(a) Services and commodities furnished by agency

of United States Government; advance

payment.

(b) Consultation in development and

implementation of assistance.

(c) Arms and ammunition; value of equipment and

commodities.

(d) Information exchange activities.

2349aa-3. Repealed.

2349aa-4. Authorization of appropriations.

2349aa-5. Administrative authorities.

2349aa-6. Repealed.

2349aa-7. Coordination of all United States

terrorism-related assistance to foreign

countries.

(a) Responsibility.

(b) Reports.

(c) Rule of construction.

2349aa-8. Prohibition on imports from and exports to Libya.

(a) Prohibition on imports.

(b) Prohibition on exports.

(c) "United States" defined.

2349aa-9. Ban on importing goods and services from countries

supporting terrorism.

(a) Authority.

(b) Consultation.

(c) Reports.

(d) "United States" defined.

2349aa-10. Antiterrorism assistance.

(a) Omitted.

(b) Assistance to foreign countries to procure

explosives detection devices and other

counterterrorism technology.

(c) Assistance to foreign countries.

PART IX - NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

2349bb. Purposes.

2349bb-1. Authorization of assistance.

2349bb-2. Transit interdiction.

(a) Allocation of funds.

(b) Priority to certain countries.

2349bb-2a. International nonproliferation export control

training.

(a) General authority.

(b) Administration of courses.

(c) Purposes.

(d) Priority to certain countries.

2349bb-3. Limitations.

2349bb-4. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Availability of funds.

(c) Treatment of appropriations.

(d) Covered activities.

SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

PART I - GENERAL PROVISIONS

2351. Encouragement of free enterprise and private

participation.

(a) Policy of United States.

(b) Action by President to facilitate

participation to maximum extent.

(c) International Private Investment Advisory

Council on Foreign Aid; establishment;

composition; selection of members by

Administrator; duration of service;

Chairman; duties of Council; compensation;

travel and other expenses; funds for

payment of expenses of Council.

(d) Engineering and professional services of

United States firms.

(e) Contracts on basis of competitive selection

procedures.

2352. Small business.

(a) Assistance for participation in furnishing

of commodities, defense articles, and

services.

(b) Office of Small Business.

(c) Information with respect to certain

purchases by Department of Defense.

2353. Shipping on United States vessels.

2354. Procurement.

(a) Limitations on procurement outside United

States.

(b) Purchases in bulk.

(c) Agricultural commodities or products thereof

available for disposition under

Agricultural Trade Development and

Assistance Act of 1954.

(d) Marine insurance.

(e) Parity for domestic commodities prior to use

of funds outside United States.

(f) Commodity eligibility.

(g) Construction or engineering services;

applicability to advanced developing

country.

2355. Retention and use of certain items and funds.

(a) Commodities and defense articles; disposal

to prevent spoilage or wastage or to

conserve usefulness; funds realized from

disposal or transfer.

(b) Commodities transferred as repayment of

assistance.

(c) Funds realized as result of illegal

transactions.

(d) Funds realized from sale, transfer, or

disposal of returned defense articles.

2356. Patents and technical information.

(a) Practice of invention or disclosure of

information; suits against United States

for reasonable compensation; jurisdiction;

limitation of action; defenses.

(b) Settlement of claims.

(c) Drug products manufactured outside the

United States.

2357. Furnishing of services and commodities.

(a) Advance-of-funds or reimbursement basis.

(b) Agency contracts with individuals to perform

services.

(c) Excess property.

(d) Transfer of Government-owned excess property

to enhance environmental protection in

foreign countries.

2358. Foreign and domestic excess property.

(a) Advance acquisition of property; special

account for payment of costs; limitation;

use of property.

(b) Transfer of domestic excess property.

2359. Repealed.

2360. Transfer of funds between accounts.

(a) Necessity of transfer; limitations.

(b) Augmentation of other appropriations.

(c) Military and development assistance

purposes.

2361. Completion of plans and cost estimates.

(a) Restriction on agreements or grants.

(b) Plans for water or related land resource

construction projects; computation of

benefits and costs.

(c) Contracts for construction outside United

States; competitive basis.

(d) Engineering, financial, and other plans.

(e) Certification of country capability to

maintain and utilize projects as

prerequisite to assistance for capital

projects exceeding cost limitations.

2362. Use of foreign currencies.

(a) Currencies received in payment for

nonmilitary assistance; foreign

obligations.

(b) United States operations abroad; excess

foreign currencies.

(c) Voluntary family planning programs;

limitation.

(d) Reciprocal release of dollar value

equivalents.

2363. Accounting, valuation, reporting, and

administration of foreign currencies.

(a) Responsibility of Secretary of the Treasury;

regulations.

(b) Establishment of exchange rates.

(c) Repealed.

(d) Interest income on foreign currency

proceeds; regulations; waiver; report to

Congress.

2364. Special authorities.

(a) Furnishing of assistance and arms export

sales, credits, and guaranties upon

determination and notification of Congress

of importance and vitality of such action

to security interests and national security

interests of United States; policy

justification; fiscal year limitations;

transfers between accounts.

(b) United States obligations in West Germany.

(c) Certification by President of inadvisability

to specify nature of use of funds; reports

to Congress.

2365. Contract authority.

2366. Availability of funds.

2367. Termination expenses.

(a) In general.

(b) Liability to contractors.

(c) Termination expenses.

(d) Guaranty programs.

(e) Relation to other provisions.

2368, 2369. Repealed.

2370. Prohibitions against furnishing assistance.

(a) Cuba; embargo on all trade.

(b) Repealed.

(c) Indebtedness of foreign country to United

States citizen or person.

(d) Productive enterprises competing with United

States enterprise; conditions on

assistance; import controls; waiver of

restriction by President.

(e) Nationalization, expropriation or seizure of

property of United States citizens, or

taxation or other exaction having same

effect; failure to compensate or to provide

relief from taxes, exactions, or

conditions; report on full value of

property by Foreign Claims Settlement

Commission; act of state doctrine.

(f) Prohibition against assistance to Communist

countries; conditions for waiver of

restriction by President; enumeration of

Communist countries; removal from

application of provisions; preconditions.

(g) Use of assistance funds to compensate owners

for expropriated or nationalized property;

waiver for land reform programs.

(h) Regulations and procedures to insure aid is

not used contrary to the best interests of

the United States.

(i) Repealed.

(j) Damage or destruction by mob action of

United States property; termination of

assistance.

(k) Maximum amount of assistance, including

military assistance to individual countries

without approval of or presentation to

Congress.

(l) Institution of investment guaranty program.

(m), (n) Repealed.

(o) Exclusion from assistance of countries

seizing or imposing penalties or sanctions

against United States fishing vessels.

(p) Repealed.

(q) Defaults in principal or interest payments

on loans; meeting obligations under loans;

notice to Congressional committees.

(r) Liability for repayment of principal or

interest on loans outstanding after

September 19, 1966.

(s) Restraint of arms races and proliferation of

sophisticated weapons.

(t) Diplomatic relations; severance, resumption,

and negotiation of agreements.

(u) Status of country with respect to

obligations to the United Nations; report

to Congress.

(v) to (x) Repealed or Omitted.

(y) Limitation on assistance to countries aiding

Cuba nuclear development.

2370a. Expropriation of United States property.

(a) Prohibition.

(b) Other actions.

(c) Period for settlement of claims.

(d) Excepted countries and territories.

(e) Resumption of assistance.

(f) Reporting requirement.

(g) Waiver.

(h) "United States person" defined.

2371. Prohibition on assistance to governments

supporting international terrorism.

(a) Prohibition.

(b) Publication of determinations.

(c) Rescission.

(d) Waiver.

2372. Repealed.

2372a. Renewal, reissuance, etc., of export licenses to

or for Argentina.

2373. Eastern Mediterranean policy requirements.

(a) Congressional declaration and statement of

findings.

(b) Governing principles.

(c) Review of policy; report to Congress.

(d) Certification by President to Congress of

assistance to Greece and Turkey.

(e) Arms sales agreements to prohibit transfer

to Cyprus.

2374. Prohibition on assistance to Afghanistan.

(a) Prohibition; conditions for resumption of

assistance.

(b) Substantially changed circumstances.

2375. Assistance to Pakistan.

(a) Congressional policy, findings, and goals.

(b) Reaffirmation of 1959 bilateral agreement.

(c) Availability; defensive aspects of

assistance.

(d) Waiver of limitations respecting nuclear

transfers.

(e) Nuclear non-proliferation conditions on

military assistance; exception.

(f) Storage costs.

(g) Inapplicability of restrictions to

previously owned items.

(h) Ballistic missile sanctions not affected.

2376. Nuclear non-proliferation policy in South Asia.

(a) Findings.

(b) Policy.

(c) Report on progress toward regional

non-proliferation.

2377. Prohibition on assistance to countries that aid

terrorist states.

(a) Withholding of assistance.

(b) Waiver.

2378. Prohibition on assistance to countries that

provide military equipment to terrorist states.

(a) Prohibition.

(b) Waiver.

2378-1. Prohibition on assistance to countries that

restrict United States humanitarian assistance.

(a) In general.

(b) Exception.

(c) Notice.

2378a. Depleted uranium ammunition.

(a) Prohibition.

(b) Exception.

PART II - ADMINISTRATIVE PROVISIONS

2381. Exercise of functions.

(a) Delegation by President; rules and

regulations; utilization of goods and

services from private enterprise, and

facilities and resources of Federal

agencies when not competitive with private

enterprise.

(b) Eligibility of suppliers; debarment period;

causes for debarment; conditions for

reinstatement; periodic review.

2381a. Strengthened management practices.

(a) Declaration of beliefs.

(b) Management system; establishment; scope.

2382. Coordination with foreign policy.

(a) Powers or functions of Secretary of State.

(b) Coordination among representatives of United

States.

(c) Responsibility for supervision and general

direction of assistance programs.

2383. Responsibilities of the Secretary of Defense;

priorities in procurement, delivery, and

allocation of military equipment.

2384. Statutory officers.

(a) Appointment.

(b) Rate of compensation; title of officers;

order of succession.

(c) Appointment of certain statutory officers to

comparable positions.

(d) Repealed.

(e) Coordinator for security assistance.

2385. Employment of personnel.

(a) Authorization.

(b) Appointments excepted from civil-service

laws; supergrade positions; reinstatement.

(c) Additional supergrade positions.

(d) Employment or assignment of officers and

employees to perform functions outside

United States.

(e) Repealed.

(f) Funds for personnel services.

(g) Repealed.

(h) Acceptance of compensation or other benefits

from foreign countries; arrangements for

reimbursement.

(i) Assignment based on competency.

2385a. Unified personnel system.

(a) Establishment by regulations.

(b) Effective date of regulations.

(c) Force and effect of regulations.

2386. Experts, consultants, and retired officers.

(a) Employment; compensation; renewal of

contracts of employment.

(b) Exemption from certain Federal laws.

(c) Employment without compensation of persons

of outstanding experience and ability.

2387. Detail of personnel to foreign governments.

2388. Detail of personnel to international

organizations.

2389. Status and benefits of personnel assigned or

detailed to foreign governments or international

organizations.

(a) Allowances, privileges, rights, seniority,

and other benefits.

(b) Representation allowances.

2390. Terms of detail or assignment of personnel.

2391. Missions and staffs abroad.

(a) Authorization.

(b) Appointment of mission chief and deputy;

compensation.

(c) Appointment of Chairman of Development

Assistance Committee; compensation.

(d) Administration of assistance.

2392. Government agencies.

(a) Allocation and transfer of funds.

(b) Utilization of services and facilities of

other agencies.

(c) Reimbursement for commodities, services, and

facilities.

(d) Reimbursement for military assistance.

(e) Establishment of accounts.

(f) Credits made by Export-Import Bank of the

United States.

(g) Charge of expenses to appropriation or

account.

2393. Waiver of certain laws.

(a) Contracts and expenditure of funds.

(b) Neutrality laws.

(c) Assignment of personnel.

2393a. Requests by General Accounting Office and

Congressional committees for documents and

materials.

2394. Reports and information; definitions.

(a) Annual report to Congress on programs having

impact on developing countries; contents.

(b) "Foreign assistance" and "provided by the

United States Government" defined.

2394-1. Notification of program changes.

(a) Covered programs; content of notifications.

(b) Exceptions.

(c) Funds in the International Affairs Budget

Function; reprogramming.

2394-1a. Classification of reports.

2394a. Extortion and illegal payments to officials of

foreign countries receiving international

security assistance.

2395. General authorities.

(a) Manner of furnishing assistance; emphasis on

loans.

(b) Authority of the President.

(c) Utilization of services and facilities of

voluntary, nonprofit organizations.

(d) Acceptance of gifts, devises, bequests,

grants, etc.

(e) Health and accident insurance for foreign

participants and foreign employees.

(f) Admission of alien participants.

(g) Powers and authorities of the President with

respect to loans.

(h) Term of contracts and agreements.

(i) Settlement and arbitration of claims arising

under investment guaranty operations.

(j) Financial transactions with foreign

governments; exemption.

(k) Cost-type contracts with educational

institutions; payment of reimbursable

indirect costs.

(l) Program oversight.

(m) Working capital fund.

2395a. International agreements concerning debt relief;

transmittal to Congressional committees.

2396. Availability of funds.

(a) General expenditures.

(b) Compensation, allowances, and travel of

personnel; printing and binding;

expenditures outside United States.

(c) Construction of living quarters, office

space, and supporting facilities.

(d) Education of dependents.

(e) Training costs.

(f) Assistance in carrying out functions under

certain laws.

(g) Administrative, extraordinary, and operating

expenses; reimbursement of military

officers; training of foreign military

personnel.

(h) Recipient countries to contribute local

currencies; utilization of foreign

currencies owned by United States.

(i) Financing motor vehicle transactions; waiver

of domestic manufacturing restriction.

2396a. Property Management Fund.

2397. Administrative expenses.

2398. Assistance to countries pursuant to other

statutes.

2399 to

2399a. Repealed or Transferred.

2399b. False claims and ineligible commodities.

(a) Penalties; costs.

(b) Recovery of penalties; procedure; finality

of withholding of funds; recovery of

withheld funds; limitation period.

(c) "Person" defined.

2399c. Coordination of policies and programs.

(a) Development Coordination Committee

established.

(b) Procedures to assure coordination.

(c) Guidance of Secretary of State.

(d) Repealed.

(e) Temporary assignment of employees.

(f) Studies.

2399d. Shipping differential.

PART III - MISCELLANEOUS PROVISIONS

2401. Effective date; identification of programs.

2402. Saving provisions.

(a) Determinations, authorizations, regulations,

orders, contracts, agreements, etc., under

prior law.

(b) Compliance with similar provisions of prior

law as compliance with this chapter.

(c) Continued availability of funds appropriated

pursuant to prior law.

2403. Definitions.

2404. Unexpended balances.

2405. Separability.

2406. Development programs for dependable fuel supplies.

2407. Special authorization for use of foreign

currencies.

2408. Repealed.

2409. Use of United States Armed Forces.

2410, 2410a.Repealed.

2411. Limitation upon exercise of special authorities.

2412. Limitation on foreign assistance appropriations.

(a) Restrictions on appropriations in absence of

or in excess of prior authorizations.

(b) Exception.

(c) Specific repeal or modification of section.

2413. Changes in allocation of foreign assistance.

(a) Notification by President to foreign

country.

(b) Application of provisions to continuing

appropriations; waiver of provisions.

2414. Presidential findings and determinations.

(a) Report to Congress.

(b) Action prohibition prior to execution of

report.

(c) Publication in Federal Register.

(d) Information accessible to Congress prior to

transmission of report.

2414a. Annual report to Congress on voting practices at

United Nations.

(a) In general.

(b) Information on voting practices in United

Nations.

(c) Format.

(d) Statement by Secretary of State.

2415. Annual military assistance report.

(a) Report required.

(b) Information relating to military assistance

and military exports.

(c) Availability on Internet.

2416. Annual foreign military training report.

(a) Annual report.

(b) Contents.

(c) Form.

(d) Availability on Internet.

(e) Definition.

2417 to

2419. Repealed.

2420. Police training prohibition.

(a) Effective date of prohibition.

(b) Exception; qualification.

(c) Country with longstanding democratic

tradition, etc.

(d) Assistance to Honduras or El Salvador.

2421. Trade and Development Agency.

(a) Purpose.

(b) Authority to provide assistance.

(c) Director and personnel.

(d) Annual report.

(e) Audits.

(f) Funding.

2421a. Capital projects office within Agency for

International Development.

(a) Establishment of office.

(b) Purposes of office.

(c) Activities of AID.

2421b. Capital projects for poverty alleviation and

environmental safety and sustainability.

(a) Purposes.

(b) Activities of AID.

2421c. Coordination.

2421d. Funding for capital projects.

(a) Funding level.

(b) Development assistance capital projects.

2421e. Definitions.

2422. Repealed.

2423. Exchanges of certain materials.

(a) Agreement for necessary or strategic raw

material; definition.

(b) Allocation of raw materials to Federal

agencies.

(c) Deposits in United States Treasury of funds

from disposal of materials.

2424, 2425. Repealed.

2426. Discrimination against United States personnel.

(a) Assignment of personnel on basis of ability

and experience.

(b) Prohibition on use of funds in country

practicing discrimination.

(c) Rules and regulations.

2427. Operating expenses.

(a) Authorization of appropriations.

(b) Continuing availability of funds.

2428. Repealed.

2428a. Congressional declaration of policy toward Korea;

transmittal of report to Speaker of the House and

Congressional committees.

2428b. Special security assistance for modernization of

Armed Forces of Korea.

(a) Transfer authority of President of defense

articles and services located in Korea;

applicable terms and conditions;

reimbursement.

(b) Additional transfer authority of President

of defense articles located outside of

Korea; prerequisites for determinations

respecting transfers; report by President

to Congress of determinations.

(c) Report by President to Congress of types,

etc., of transferred defense articles.

(d) Repealed.

(e) Congressional policy respecting further

troop withdrawals.

2429, 2429a.Repealed.

2429a-1. Annual report on nuclear transfer activities.

2429a-2. Enforcement of nonproliferation treaties.

(a) Policy.

(b) Prohibition.

(c) Waiver.

2429b. Transferred.

SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

2430. Purpose.

2430a. Definitions.

2430b. Eligibility for benefits.

(a) Requirements.

(b) Eligibility determinations.

2430c. Reduction of certain debt.

(a) Authority to reduce debt.

(b) Implementation of debt reduction.

2430d. Repayment of principal.

(a) Currency of payment.

(b) Deposit of payments.

2430e. Interest on new obligations.

(a) Rate of interest.

(b) Currency of payment; deposits.

(c) Interest already paid.

2430f. Enterprise for the Americas Funds.

(a) Establishment.

(b) Deposits.

(c) Investment.

(d) Disbursements.

2430g. Americas Framework Agreements.

(a) Authority.

(b) Contents of agreements.

(c) Administering body.

(d) Eligible activities.

(e) Grant recipients.

(f) Review of larger grants.

(g) Eligibility criteria.

2430h. Enterprise for the Americas Board.

2430i. Omitted.

SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH

TROPICAL FORESTS

2431. Findings and purposes.

(a) Findings.

(b) Purposes.

2431a. Definitions.

2431b. Establishment of Facility.

2431c. Eligibility for benefits.

(a) In general.

(b) Eligibility determinations.

2431d. Reduction of debt owed to United States as result

of concessional loans under chapter.

(a) Authority to reduce debt.

(b) Implementation of debt reduction.

(c) Additional terms and conditions.

(d) Authorization of appropriations for fiscal

years after fiscal year 2001.

2431e. Reduction of debt owed to United States as result

of credits extended under title I of Agricultural

Trade Development and Assistance Act of 1954.

(a) Authority to reduce debt.

(b) Implementation of debt reduction.

(c) Additional terms and conditions.

2431f. Authority to engage in debt-for-nature swaps and

debt buybacks.

(a) Loans and credits eligible for sale,

reduction, or cancellation.

(b) Deposit of proceeds.

2431g. Tropical Forest Agreement.

(a) Authority.

(b) Contents of Agreement.

(c) Administering body.

(d) Eligible activities.

(e) Grant recipients.

(f) Review of larger grants.

(g) Eligibility criteria.

2431h. Tropical Forest Fund.

(a) Establishment.

(b) Requirements relating to operation of Fund.

2431i. Board.

(a) Enterprise for the Americas Board.

(b) Additional membership.

(c) Duties.

2431j. Consultations with Congress.

2431k. Annual reports to Congress.

(a) In general.

(b) Supplemental views in annual report.

SUBCHAPTER V - MIDDLE EAST ASSISTANCE

2441 to

2443. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1975, 2305, 2370a, 2428b,

2429a-2, 2460, 2601, 2751, 2761, 2763, 2765, 2771, 2775, 2780,

2785, 2795, 2795a, 2799aa, 2799aa-1, 3501, 3503, 5401, 5476, 5605,

5813, 6003, 6006, 6021, 6041, 6401, 6593, 6713, 6982, 7102, 7551 of

this title; title 13 section 301; title 16 section 973r; title 48

section 1904; title 49 section 44908.

-End-

-CITE-

22 USC SUBCHAPTER I - INTERNATIONAL DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 32 - FOREIGN ASSISTANCE

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

-HEAD-

SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 290f, 2151, 2151-1,

2151a, 2151b, 2151d, 2151f, 2151k, 2151n, 2151p, 2151q, 2151t,

2151t-1, 2151u, 2151v, 2151w, 2151x, 2151y, 2152a, 2152b, 2152c,

2152d, 2179, 2182a, 2183, 2184, 2191, 2192, 2199, 2218, 2221, 2261,

2274, 2275, 2292a, 2304, 2346, 2348c, 2349aa-5, 2351, 2354, 2355,

2357, 2358, 2361, 2362, 2384, 2385, 2385a, 2391, 2392, 2395, 2396,

2399c, 2421, 2421b, 2427, 2430c, 2431d, 2431f, 4706, 4709, 5423,

5495, 7102, 7516 of this title.

-End-

-CITE-

22 USC Part I - Declaration of Policy; Development

Assistance Authorizations 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-

PART I - DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE

AUTHORIZATIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2077, 2151x-1, 2151x-2,

2183, 2201, 2218, 2261, 2293, 2346, 2354, 2357, 2358, 2361, 2370,

2394, 2394-1, 2395, 2396, 2399d, 2421d, 5423, 5442, 5452, 6062,

6591, 7102 of this title; title 20 section 226.

-End-

-CITE-

22 USC Sec. 2151 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. 2151. Congressional findings and declaration of policy

-STATUTE-

(a) United States development cooperation policy

The Congress finds that fundamental political, economic, and

technological changes have resulted in the interdependence of

nations. The Congress declares that the individual liberties,

economic prosperity, and security of the people of the United

States are best sustained and enhanced in a community of nations

which respect individual civil and economic rights and freedoms and

which work together to use wisely the world's limited resources in

an open and equitable international economic system. Furthermore,

the Congress reaffirms the traditional humanitarian ideals of the

American people and renews its commitment to assist people in

developing countries to eliminate hunger, poverty, illness, and

ignorance.

Therefore, the Congress declares that a principal objective of

the foreign policy of the United States is the encouragement and

sustained support of the people of developing countries in their

efforts to acquire the knowledge and resources essential to

development and to build the economic, political, and social

institutions which will improve the quality of their lives.

United States development cooperation policy should emphasize

five principal goals:

(1) the alleviation of the worst physical manifestations of

poverty among the world's poor majority;

(2) the promotion of conditions enabling developing countries

to achieve self-sustaining economic growth with equitable

distribution of benefits;

(3) the encouragement of development processes in which

individual civil and economic rights are respected and enhanced;

(4) the integration of the developing countries into an open

and equitable international economic system; and

(5) the promotion of good governance through combating

corruption and improving transparency and accountability.

The Congress declares that pursuit of these goals requires that

development concerns be fully reflected in United States foreign

policy and that United States development resources be effectively

and efficiently utilized.

(b) Coordination of development-related activities

Under the policy guidance of the Secretary of State, the agency

primarily responsible for administering subchapter I of this

chapter should have the responsibility for coordinating all United

States development-related activities.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 101, formerly Sec. 102, Sept. 4, 1961,

75 Stat. 424; Pub. L. 87-565, pt. I, Sec. 101, Aug. 1, 1962, 76

Stat. 255; Pub. L. 88-205, pt. I, Sec. 101(c), Dec. 16, 1963, 77

Stat. 379; Pub. L. 89-171, pt. I, Sec. 101, Sept. 6, 1965, 79 Stat.

653; Pub. L. 89-583, pt. I, Sec. 101, Sept. 19, 1966, 80 Stat. 796;

Pub. L. 90-137, pt. I, Sec. 101, Nov. 14, 1967, 81 Stat. 445; Pub.

L. 93-189, Sec. 2(2), Dec. 17, 1973, 87 Stat. 714; Pub. L. 94-161,

title III, Sec. 301, Dec. 20, 1975, 89 Stat. 855; Pub. L. 95-88,

title I, Secs. 101, 113(b), Aug. 3, 1977, 91 Stat. 533, 538;

renumbered and amended Pub. L. 95-424, title I, Sec. 101, Oct. 6,

1978, 92 Stat. 937; Pub. L. 106-309, title II, Sec. 203(a), Oct.

17, 2000, 114 Stat. 1091.)

-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

2000 - Subsec. (a). Pub. L. 106-309 substituted "five principal

goals" for "four principal goals" in introductory provisions of

third paragraph and added par. (5).

1978 - Subsec. (a). Pub. L. 95-424, in setting forth a new

declaration of policy generally substituted four principal goals of

development cooperation policy, they being (1) the alleviation of

the worst manifestations of poverty, (2) self-sustained economic

growth, (3) respect for civil and economic rights, and (4) the

integration of the developing countries into an open and equitable

economic system, for former seven pars. relating to: (1) primary

responsibility for development being in the less developed

countries themselves; (2) the active involvement of many countries;

(3) the encouragement of regional cooperation; (5) assistance being

of such nature as to help United States balance of payments; (6)

furnishing of assistance in such manner as to promote efficiency,

and (7) the furnishing of agricultural commodities, etc., to

complement assistance under this subchapter.

Subsec. (b). Pub. L. 95-424 substituted provisions relating to

the responsibility of the agency primarily responsible for

administering the program for coordination of all development

related activities, for former seven criteria for restructuring

relationships with less developed countries, those criteria being:

(1) sharing of technical expertise; (2) focusing on critical

problems affecting the majority of the people; (3) use of the

private sector; (4) development goals as the responsibility of each

sovereign nation; (5) priority to undertakings directly improving

the lives of the poorest people; (6) private investment in

development programs; and (7) responsibility for coordination of

activities with the agency having primary responsibility for

administering this part.

Subsecs. (c) to (e). Pub. L. 95-424 struck out subsecs. (c) to

(e).

1977 - Subsec. (a). Pub. L. 95-88, Sec. 113(b)(1), inserted

"environment and natural resources" to enumeration of fundamental

needs of the people of less developed countries which development

assistance must be used in meeting.

Subsec. (b)(2). Pub. L. 95-88, Sec. 113(b)(2), inserted

"environment and natural resources;" after "population planning and

health;".

Subsec. (d). Pub. L. 95-88, Sec. 101(a), substituted provisions

under which the President developed the criteria and factors to be

used in assessing the commitment and progress of countries in

meeting the objectives set forth in subsec. (c) and transmitted a

report by Jan. 31, 1978, to the Speaker of the House and to the

Committee on Foreign Relations of the Senate for provisions under

which the President had established the criteria without

Congressional involvement.

Subsec. (e). Pub. L. 95-88, Sec. 101(b), added subsec. (e).

1975 - Subsecs. (c), (d). Pub. L. 94-161 added subsecs. (c) and

(d).

1973 - Pub. L. 93-189 designated existing provisions as subsec.

(a) and added subsec. (b).

1967 - Pub. L. 90-137, in providing a new statement of policy,

reaffirming basic foreign assistance principles, and recognizing

new problems and need for new priorities, substituted five pars.

concerned with (1) freedom, security, prosperity, aggression,

subversion, ignorance, want, despair, and national security; (2)

economic cooperation and trade among countries, etc. (a reenactment

of former sixth par. less provision for resort to international law

procedures in adjudication of issues among friendly countries in

support of such economic cooperation, etc.); (3) seven principles

pertaining to: self-help efforts and responsibility of the country,

multilateral basis of involvement and cooperation, regional

cooperation, food production and voluntary family planning, balance

of payments, maximum dollar effectiveness, and coordination of

overall assistance; (4) Permanent Peace in the Middle East; and (5)

suspension of assistance after severance of diplomatic relations

for former sixteen pars. relating to: (1) dignity and

interdependence of man, and freedom; (2) resources development,

living standards improvement, and aspirations for justice,

education, etc., now covered in par. (1); (4) free economic

institutions and flow of private investment capital; (5) investment

guaranties; (6) economic cooperation and trade among countries,

etc., as described for par. (2); (7) long-range continuity and

disposal of surplus property and agricultural crops; (8) world

peace, national security, and dangers of international communism;

(9) countries sharing United States views on world crisis; (10)

loan guarantees and related technical assistance and development

program; (11) regional organizations for mutual assistance; (12)

prohibition of assistance for short-term emergency purposes; (13)

common undertaking of countries to meet goals; (14) discretionary

assistance by the President to South Vietnam to gain victory in the

war against communism and return to homeland of Americans from that

struggle; (15) damage or destruction by mob action of United States

property and termination of assistance, now covered in section

2370(j) of this title; and (16) use of United States Armed Forces,

now covered in section 2409 of this title.

1966 - Pub. L. 89-583 provided for termination of assistance to

any foreign country which does not take appropriate measures to

provide compensation for damage or destruction by mob action of

United States property within such country and declared that

furnishing assistance shall not be construed as creating a new

commitment or as affecting any existing commitment to use armed

forces of the United States for the defense of any foreign country.

1965 - Pub. L. 89-171 added expressions of the sense of Congress

that in furnishing assistance under this subchapter excess personal

property shall be utilized wherever practicable in lieu of the

procurement of new items for United States-assisted projects and

programs and that assistance under this chapter and other statutes

should be terminated to any country permitting damage to or

destruction of U.S. property within such country by mob action or

by failing to take adequate preventive measures.

1963 - Pub. L. 88-205 declared that institution of full

investment guaranty programs with all recipient countries would be

regarded as a significant measure of self-help by such countries

improving investment climate, that assistance to maintain freedom

from communism "shall" rather than "should" emphasize long-range

development, that in the administration of programs of assistance,

every precaution be taken to assure that assistance is not diverted

to any short-term emergency purpose or any purpose not essential to

long-range economic development, that other industrialized

free-world countries increase their contributions and assistance to

more equitably share the burden, and the President should in his

discretion, extend or withhold assistance from South Vietnam to

further victory and the return home of Americans involved in the

struggle there.

1962 - Pub. L. 87-565 declared distinctions made by foreign

nations between American citizens because of race, color, or

religion, relating to rights available to such citizens, to be

repugnant to our principals, required in the administration of

these funds, that consideration be given those countries sharing

our world views and which do not divert their resources to military

or propaganda efforts, supported by the Soviet Union or Communist

China, against the United States or countries receiving aid under

this chapter, that the highest emphasis be given to programs for

loans or loan guarantees for use by organizations in making

low-interest loans to individuals in friendly countries for the

purchase of small farms, purchase of homes, aiding or establishing

small businesses, purchase of tools and equipment for an occupation

or trade, or to obtain practical education in vocational skills,

and to programs of technical assistance and development, each

assisted country should be encouraged to recognize needs of the

people in the preparation of national development programs, and

declared that friendly nations are to be invited, where possible,

to join in missions to consult with countries receiving assistance

on the possibilities of joint action to assure effective

development of economic development plans and effective use of

assistance provided them, and that the President may request

international financial institutions to assist in establishing such

missions.

EFFECTIVE DATE OF 1979 AMENDMENT

Pub. L. 96-53, title V, Sec. 512, Aug. 14, 1979, 93 Stat. 380,

provided that:

"(a) Except as provided in subsection (b) of this section and in

section 503(b) [set out as an Effective Date of 1979 Amendment note

under section 2385a of this title] this Act [see Short Title of

1979 Amendments note below] shall take effect on October 1, 1979.

"(b) Sections 114(b) [not classified to the Code], 123 [amending

a provision set out as a note below], 501 [not classified to the

Code], and 509 [set out as a note below] of this Act shall take

effect on the date of enactment of this Act [Aug. 14, 1979]."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 605 of Pub. L. 95-424 provided that: "The amendments made

by this Act [see Short Title of 1978 Amendment note below] shall

take effect on October 1, 1978."

SHORT TITLE OF 2002 AMENDMENTS

Pub. L. 107-246, Sec. 1, Oct. 23, 2002, 116 Stat. 1511, provided

that: "This Act [amending sections 2295 and 2295b of this title and

enacting provisions set out as notes under section 2295 of this

title] may be cited as the 'Russian Democracy Act of 2002'."

Pub. L. 107-228, div. A, title VI, Sec. 661, Sept. 30, 2002, 116

Stat. 1405, provided that: "This subtitle [subtitle E (Secs.

661-665) of title VI of div. A of Pub. L. 107-228, enacting section

2151n-2 of this title, amending sections 2151n and 2304 of this

title, and enacting provisions set out as notes under sections

2151n and 2151n-2 of this title] may be cited as the 'Freedom

Investment Act of 2002'."

Pub. L. 107-228, div. B, title X, Sec. 1001, Sept. 30, 2002, 116

Stat. 1425, provided that: "This division [see Tables for

classification] may be cited as the 'Security Assistance Act of

2002'."

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-570, Sec. 1, Dec. 27, 2000, 114 Stat. 3038, provided

that: "This Act [enacting section 2151b-1 of this title and

enacting provisions set out as notes under this section and

sections 2151b-1, 2517, 2656, and 6901 of this title, section 1701

of Title 50, War and National Defense, and preceding section 28101

of Title 49, Transportation] may be cited as the 'Assistance for

International Malaria Control Act'."

Pub. L. 106-570, title I, Sec. 101, Dec. 27, 2000, 114 Stat.

3039, provided that: "This title [enacting section 2151b-1 of this

title and provisions set out as a note under section 2151b-1 of

this title] may be cited as the 'International Malaria Control Act

of 2000'."

Pub. L. 106-373, Sec. 1, Oct. 27, 2000, 114 Stat. 1427, provided

that: "This Act [amending sections 2220a to 2220c and 2220e of this

title] may be cited as the 'Famine Prevention and Freedom From

Hunger Improvement Act of 2000'."

Pub. L. 106-309, Sec. 1, Oct. 17, 2000, 114 Stat. 1078, provided

that: "This Act [enacting sections 2152a to 2152c and 2462 of this

title, amending this section and sections 287e-1, 2151-1, 2151f,

2151i, 2151aa, and 2395 of this title, and enacting provisions set

out as notes under this section and sections 2151f, 2151i, 2152b,

2152c, 2462, and 2517 of this title and section 402 of Title 10,

Armed Forces] may be cited as the 'Microenterprise for

Self-Reliance and International Anti-Corruption Act of 2000'."

Pub. L. 106-309, title I, Sec. 101, Oct. 17, 2000, 114 Stat.

1079, provided that: "This title [enacting sections 2152a and 2152b

of this title, amending section 2151f of this title, and enacting

provisions set out as notes under sections 2151f and 2152b of this

title] may be cited as the 'Microenterprise for Self-Reliance Act

of 2000'."

Pub. L. 106-309, title II, Sec. 201, Oct. 17, 2000, 114 Stat.

1090, provided that: "This title [enacting section 2152c of this

title, amending this section and sections 2151-1 and 2151aa of this

title, and enacting provisions set out as notes under section 2152c

of this title] may be cited as the 'International Anti-Corruption

and Good Governance Act of 2000'."

Pub. L. 106-309, title IV, Sec. 401(a), Oct. 17, 2000, 114 Stat.

1096, provided that: "This section [amending section 2151i of this

title and enacting provisions set out as notes under section 2151i

of this title] may be cited as the 'Support for Overseas

Cooperative Development Act'."

Pub. L. 106-280, Sec. 1(a), Oct. 6, 2000, 114 Stat. 845, provided

that: "This Act [enacting part IX (Sec. 2349bb et seq.) of

subchapter II of this chapter and sections 2305, 2347f, and 2347g

of this title, amending sections 2302, 2318, 2321h, 2321j,

2349aa-4, 2415, 2776, 2778, 2797, and 6723 of this title, and

enacting provisions set out as notes under sections 2305, 2797, and

2797b of this title] may be cited as the 'Security Assistance Act

of 2000'."

Pub. L. 106-264, title II, Sec. 201, Aug. 19, 2000, 114 Stat.

758, provided that: "This title [amending section 2151b of this

title and enacting provisions set out as a note under section 2151b

of this title] may be cited as the 'International Tuberculosis

Control Act of 2000'."

SHORT TITLE OF 1999 AMENDMENTS

Pub. L. 106-158, Sec. 1, Dec. 9, 1999, 113 Stat. 1745, provided

that: "This Act [enacting section 4727a of Title 15, Commerce and

Trade, amending sections 2191a, 2193, 2195, and 2421 of this title

and section 4727 of Title 15, and enacting provisions set out as a

note under section 2191a of this title] may be cited as the 'Export

Enhancement Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 596(a)],

Nov. 29, 1999, 113 Stat. 1535, 1501A-123, provided that: "This

section [enacting part XII of subchapter I of this chapter and

amending sections 5812 and 5814 of this title] may be cited as the

'Silk Road Strategy Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec.

1201], Nov. 29, 1999, 113 Stat. 1536, 1501A-497, provided that:

"This title [amending sections 2321h, 2321j, 2367, 2753, 2761,

2762, 2776, and 2779a of this title and section 301 of Title 13,

Census, and enacting provisions set out as notes under section 2551

of this title, sections 1 and 301 of Title 13, and section 2099 of

Title 50, Appendix, War and National Defense] may be cited as the

'Security Assistance Act of 1999'."

Pub. L. 106-87, Sec. 1, Nov. 3, 1999, 113 Stat. 1301, provided

that: "This Act [amending section 2152 of this title and provisions

set out as a note under section 2152 of this title] may be cited as

the 'Torture Victims Relief Reauthorization Act of 1999'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-319, Sec. 1, Oct. 19, 1996, 110 Stat. 3864, provided

that: "This Act [amending sections 277b, 2151n, and 2304 of this

title, enacting provisions set out as notes under this section and

section 2452 of this title, and amending provisions set out as

notes under sections 1157 and 1255 of Title 8, Aliens and

Nationality] may be cited as the 'Human Rights, Refugee, and Other

Foreign Relations Provisions Act of 1996'."

SHORT TITLE OF 1994 AMENDMENTS

Pub. L. 103-447, Sec. 1, Nov. 2, 1994, 108 Stat. 4691, provided

that: "This Act [amending sections 2291, 2291a, 2291e, 2291f, 2291h

to 2291k of this title, section 635 of Title 12, Banks and Banking,

section 981 of Title 18, Crimes and Criminal Procedure, section

1616a of Title 19, Customs Duties, and section 881 of Title 21,

Food and Drugs, repealing section 2291-2 of this title, enacting

provisions set out as notes under this section, sections 1928 and

2420 of this title, and section 1182 of Title 8, Aliens and

Nationality, amending provisions set out as a note under section

5311 of Title 31, Money and Finance, and repealing provisions set

out as notes under this section, sections 2291, 2291h, and 2420 of

this title, section 701 of Title 41, Public Contracts, and section

1902 of Title 46, Appendix, Shipping] may be cited as the

'International Narcotics Control Corrections Act of 1994'."

Pub. L. 103-392, Sec. 1, Oct. 22, 1994, 108 Stat. 4098, provided

that: "This Act [enacting section 2151t-1 of this title, amending

sections 2191, 2195, and 2421 of this title and sections 4052 and

4728 of Title 15, Commerce and Trade, and enacting provisions set

out as a note under section 4701 of Title 15] may be cited as the

'Jobs Through Trade Expansion Act of 1994'."

SHORT TITLE OF 1992 AMENDMENTS

Pub. L. 102-583, Sec. 1, Nov. 2, 1992, 106 Stat. 4914, provided

that Pub. L. 102-583 could be cited as the "International Narcotics

Control Act of 1992", prior to repeal by Pub. L. 103-447, title I,

Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.

Pub. L. 102-549, Sec. 1, Oct. 28, 1992, 106 Stat. 3651, provided

that: "This Act [enacting sections 2077, 2200b, 2421a to 2421e, and

2430 to 2430i of this title and section 4723a of Title 15, Commerce

and Trade, amending sections 2191, 2191a, 2194, 2195, 2197 to 2199,

2200a, 2421, and 5401 of this title, section 5314 of Title 5,

Government Organization and Employees, section 1738i of Title 7,

Agriculture, and sections 635q to 635s of Title 12, Banks and

Banking, repealing section 2296 of this title, enacting provisions

set out as notes under this section and sections 262s-2, 2296,

2421, and 2421a of this title, and amending provisions set out as a

note under this section] may be cited as the 'Jobs Through Exports

Act of 1992'."

Pub. L. 102-549, title VI, Sec. 601, Oct. 28, 1992, 106 Stat.

3664, provided that: "This title [enacting sections 2077 and 2430

to 2430i of this title, amending section 1738i of Title 7,

Agriculture, repealing section 2296 of this title, and enacting

provisions set out as a note under section 2296 of this title] may

be cited as the 'Enterprise for the Americas Act of 1992'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-623, Sec. 1(a), Nov. 21, 1990, 104 Stat. 3350,

provided that: "This Act [enacting section 2151x-1 of this title

and section 3196 of Title 18, Crimes and Criminal Procedure,

amending sections 2291c, 2321k, 2346c, and 2360 of this title and

section 635 of Title 12, Banks and Banking, and enacting provisions

set out as notes under sections 2291, 2291h, and 2360 of this

title] may be cited as the 'International Narcotics Control Act of

1990'."

SHORT TITLE OF 1989 AMENDMENTS

Pub. L. 101-240, Sec. 1(a), Dec. 19, 1989, 103 Stat. 2492,

provided that: "This Act [enacting sections 262m-7, 262p-4g to

262p-4k, 262r to 262r-2, 262s-1, 262t, 283z-5 to 283z-8, 286e-12,

286kk, and 2281 to 2286 of this title and section 3904a of Title

12, Banks and Banking, amending sections 262d, 262m-7, 262p-1,

262p-5, 262s-2, 282b, 283b, 283cc, 284b, 285b, 286b, 286e-9,

286k-1, 286s, 290g-2, 290i-3, and 290k-5 of this title and sections

635 and 635i-3 of Title 12, transferring former section 262q of

this title to section 262s of this title, and former section 4722

of Title 15, Commerce and Trade, to section 262s-2 of this title,

repealing sections 262i, 262m-6, 276c-3, 283i, 286b-1, and 286b-2

of this title, enacting provisions set out as notes under this

section, sections 262d, 283z-6, and 2291 of this title, and

sections 635, 3901, and 3904a of Title 12, amending provisions set

out as a note under section 262l of this title, and repealing

provisions set out as notes under sections 262g-2 and 283 of this

title] may be cited as the 'International Development and Finance

Act of 1989'."

Pub. L. 101-240, title VII, Sec. 701, Dec. 19, 1989, 103 Stat.

2521, provided that: "This title [enacting sections 2281 to 2286 of

this title] may be cited as the 'Global Environmental Protection

Assistance Act of 1989'."

Pub. L. 101-231, Sec. 1(a), Dec. 13, 1989, 103 Stat. 1954,

provided that: "This Act [enacting section 2321k of this title,

amending sections 2291, 2291a, 2708, and 2795 of this title and

sections 2492 and 2495 of Title 19, Customs Duties, and enacting

provisions set out as notes under sections 2291 and 2708 of this

title] may be cited as the 'International Narcotics Control Act of

1989'."

Pub. L. 101-222, Sec. 1(a), Dec. 12, 1989, 103 Stat. 1892,

provided that: "This Act [amending sections 1732, 2364, 2371, 2753,

2776, 2778, and 2780 of this title and section 2405 of Title 50,

Appendix, War and National Defense, and enacting provisions set out

as a note under section 2371 of this title] may be cited as the

'Anti-Terrorism and Arms Export Amendments Act of 1989'."

SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100-690, title IV, Sec. 4001, Nov. 18, 1988, 102 Stat.

4261, provided that title IV of Pub. L. 100-690 could be cited as

the "International Narcotics Control Act of 1988", prior to repeal

by Pub. L. 103-447, title I, Sec. 103(b), Nov. 2, 1994, 108 Stat.

4693.

Pub. L. 100-461, title V, Sec. 555 [H.R. 5263, title I, Sec. 101,

and S. 2757, title I, Sec. 101], Oct. 1, 1988, 102 Stat. 2268-36,

provided that: "This title [amending sections 2191, 2194, 2194b,

2195, 2197, 2199, and 2200a of this title] may be cited as the

'Overseas Private Investment Corporation Amendments Act of 1988'."

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-570, title II, Sec. 2001, Oct. 27, 1986, 100 Stat.

3207-60, provided that title II of Pub. L. 99-570 could be cited as

the "International Narcotics Control Act of 1986", prior to repeal

by Pub. L. 103-447, title I, Sec. 103(c), Nov. 2, 1994, 108 Stat.

4694.

Pub. L. 99-529, Sec. 1, Oct. 24, 1986, 100 Stat. 3010, provided

that: "This Act [enacting section 2151p-1 of this title, amending

sections 290f, 2151b, 2151p, 2151q, 2222, 2291a, 2427, and 3929 of

this title, and enacting provisions set out as a note under section

290f of this title] may be cited as the 'Special Foreign Assistance

Act of 1986'."

SHORT TITLE OF 1985 AMENDMENTS

Pub. L. 99-204, Sec. 1, Dec. 23, 1985, 99 Stat. 1669, provided

that: "This Act [enacting sections 2191a and 2194b of this title,

amending sections 2191, 2194, 2195, and 2197 to 2200a of this title

and section 709 of Title 18, Crimes and Criminal Procedure,

repealing section 2200b of this title, enacting provisions set out

as a note under section 2191a of this title, and repealing

provisions set out as a note under section 2200a of this title] may

be cited as the 'Overseas Private Investment Corporation Amendments

Act of 1985'."

Pub. L. 99-83, Sec. 1(a), Aug. 8, 1985, 99 Stat. 190, provided

that: "This Act [enacting sections 2227, 2271 to 2276, 2291b, 2346

to 2346c, 2347c, 2347d, 2349aa-7 to 2349aa-9, 2511, 2521a, and

2770a of this title, section 469j of Title 16, Conservation, and

sections 1356b and 1515a of former Title 49, Transportation,

amending sections 290f, 290h-8, 290h-9, 2151-1, 2151a to 2151d,

2151f, 2151h, 2151s, 2151u, 2151x, 2151z, 2174, 2182, 2182a, 2184,

2201, 2222, 2291, 2291a, 2292a, 2304, 2311, 2312, 2314, 2321h,

2321i, 2346b, 2347a, 2348a, 2349aa-2, 2349aa-4, 2354, 2361, 2364,

2370, 2371, 2375, 2394, 2394-1, 2396, 2411, 2413, 2420, 2421, 2427,

2429a, 2501, 2502, 2504, 2506, 2510, 2522, 2523, 2752, 2753, 2761,

2763 to 2767, 2771, 2776, 2778, 2791, 2792, 2794, and 2795 of this

title, sections 1431, 1721, 1722, 1727a, and 1736b of Title 7,

Agriculture, section 7307 of Title 10, Armed Forces, and sections

1356, 1471, and 1515 of former Title 49, repealing sections 2293,

2294, 2346 to 2346c, 2346e to 2346i, and 2349aa-6 of this title,

enacting provisions set out as notes under this section and

sections 2151-1, 2151b, 2151u, 2291, 2346, 2374, 2429a, 2506, 2511,

2751, and 2778 of this title, section 4011 of Title 15, Commerce

and Trade, and section 1515 of former Title 49, amending provisions

set out as notes under sections 2370 and 2501 of this title, and

repealing provisions set out as a note under section 2293 of this

title] may be cited as the 'International Security and Development

Cooperation Act of 1985'."

Pub. L. 99-83, title VI, Sec. 601, Aug. 8, 1985, 99 Stat. 228,

provided that: "This title [enacting section 2291b of this title,

amending sections 2151x, 2291, and 2291a of this title, and

enacting provisions set out as a note under section 2291 of this

title] may be cited as the 'International Narcotics Control Act of

1985'."

SHORT TITLE OF 1983 AMENDMENTS

Pub. L. 98-164, title VII, Sec. 701, Nov. 22, 1983, 97 Stat.

1045, provided that: "This title [enacting section 2151q of this

title and amending section 2452 of this title] may be cited as the

'International Environment Protection Act of 1983'."

Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 968,

provided in part that: "Section 101(b)(2) of this joint resolution

[enacting sections 2151f, and 2349aa to 2349aa-6 of this title,

amending sections 2304, 2346a, 2403, and 2771 of this title, and

enacting provisions set out as a note under section 2349aa of this

title] may be cited as the 'International Security and Development

Assistance Authorizations Act of 1983'."

SHORT TITLE OF 1981 AMENDMENTS

Pub. L. 97-113, Sec. 1, Dec. 29, 1981, 95 Stat. 1519, provided

that: "This Act [see Tables for classification] may be cited as the

'International Security and Development Cooperation Act of 1981'."

Pub. L. 97-65, Sec. 1, Oct. 16, 1981, 95 Stat. 1021, provided

that: "This Act [enacting sections 2194a and 2200b of this title,

amending sections 2191, 2193, 2194, 2195, 2197, 2198, 2199, and

2200a of this title, and enacting provisions set out as notes under

sections 2193 and 2200a of this title] may be cited as the

'Overseas Private Investment Corporation Amendments Act of 1981'."

SHORT TITLE OF 1980 AMENDMENTS

Pub. L. 96-533, Sec. 1, Dec. 16, 1980, 94 Stat. 3131, provided:

"This Act [enacting sections 290h to 290h-9, 2226, 2346a, 2346b,

2769, and 2778a of this title, amending sections 2151a to 2151d,

2151n, 2151s, 2151u, 2151v, 2174, 2221, 2222, 2291a, 2292, 2292a,

2292l, 2304, 2311, 2312, 2318, 2321h to 2321j, 2346, 2347a, 2348a,

2354, 2364, 2367, 2370, 2384, 2394, 2399d, 2403, 2411, 2421, 2427,

2502, 2514, 2753, 2761 to 2765, 2771, 2776 to 2779, 2791, 2794, and

3510 of this title, sections 1712 and 1733 of Title 7, Agriculture,

sections 5041 and 5045 of Title 42, The Public Health and Welfare,

and section 2405 of Title 50, Appendix, War and National Defense,

repealing sections 2151q, 2346c to 2346e, and 2348b of this title,

enacting provisions set out as notes under this section and

sections 290h, 2151a, 2291a, 2293, 2370, and 3401 of this title,

section 1522 of Title 8, Aliens and Nationality, and section 2667

of Title 10, Armed Forces, and repealing a provision set out as a

note under section 2293 of this title] may be cited as the

'International Security and Development Cooperation Act of 1980'."

Pub. L. 96-257, Sec. 1, May 31, 1980, 94 Stat. 422, provided:

"That this Act [enacting section 2346e of this title] may be cited

as the 'Special Central American Assistance Act of 1979'."

SHORT TITLE OF 1979 AMENDMENTS

Pub. L. 96-92, Sec. 1, Oct. 29, 1979, 93 Stat. 701, provided

that: "This Act [enacting sections 2346d, 2767, and 2768 of this

title, amending sections 2261, 2291, 2291a, 2304, 2312, 2318, 2321h

to 2321j, 2346 to 2346c, 2347a, 2348, 2348a, 2403, 2753, 2761,

2765, 2771, 2773, 2776, 2778, 2792, and 2794 of this title, and

enacting provisions set out as notes under this section and

sections 2321h, 2346c, 2771, 2776, and 3302 of this title] may be

cited as the 'International Security Assistance Act of 1979'."

Pub. L. 96-53, Sec. 1, Aug. 14, 1979, 93 Stat. 359, provided

that: "This Act [enacting sections 2151x, 2151y, 2374, and 3501 to

3513 of this title, and sections 1736g of Title 7, Agriculture,

amending sections 2151-1, 2151a to 2151d, 2151i, 2151k, 2151n,

2151p, 2151q, 2151s, 2151u, 2151v, 2174, 2182, 2182a, 2183, 2220b,

2222, 2292a, 2292l, 2304, 2357, 2361, 2385a, 2395, 2399c, 2421,

2427, 2502, and 2506 of this title, sections 5314 to 5316 and 5924

of Title 5, Government Organization and Employees, and sections

1703, 1704, 1722, 1726, 1727, 1727a, 1727b, 1727d to 1727f, 1731,

and 1734 of Title 7, and enacting provisions set out as notes under

this section and sections 2151n, 2151y, 2312, 2385a, and 3201 of

this title] may be cited as the 'International Development

Cooperation Act of 1979'."

SHORT TITLE OF 1978 AMENDMENTS

Section 1 of Pub. L. 95-424 provided that: "This Act [enacting

sections 2151-1, 2151t, 2151u, 2151v, 2151w, 2201, 2292l, 2335a,

2393a, 2394-1, 2394-1a and 2395a of this title, amending this

section and sections 2151a, 2151a-1, 2151b, 2151c, 2151d, 2151e,

2151g, 2151h, 2151k, 2151n, 2151p, 2151q, 2151r, 2174, 2181, 2182,

2182a, 2183, 2213, 2220a, 2220d, 2221, 2222, 2292, 2292a, 2292i,

2292k, 2351, 2357, 2358, 2361, 2370, 2381a, 2384, 2394, 2395, 2396,

2397, 2399c, 2403, 2421, and 2427 of this title and sections 1703,

1706, 1727c, and 1727d of Title 7, Agriculture, repealing sections

2151f, 2151l, 2151m, 2151o, 2161, 2162, 2164, 2167, 2168, 2171,

2172, 2175, 2176, 2177, 2178, 2180, 2180a, 2211, 2212, 2213, 2216,

2217, 2217a, 2219, 2219a, 2220, 2224, 2271, 2281, 2292d, 2292g,

2368, 2369, 2408, 2410, 2415, 2416, 2417, 2418, and 2425 of this

title, and enacting provisions set out as notes under this section

and sections 2151v, 2151u, 2222, 2292d, and 2395 of this title and

section 1711 of Title 7] may be cited as the 'International

Development and Food Assistance Act of 1978'."

Pub. L. 95-384, Sec. 1, Sept. 26, 1978, 92 Stat. 730, provided

that: "This Act [enacting sections 2348 to 2348c, 2373, 2417,

2428b, and 2766 of this title, amending sections 1754, 2261, 2291,

2291a, 2304, 2312, 2321b, 2321h to 2321j, 2346 to 2346c, 2347a,

2347b, 2360, 2372, 2413, 2429, 2429a, 2751, 2761, 2762, 2765, 2771,

and 2776 of this title and section 2403 of Title 50, Appendix, War

and National Defense, repealing sections 2441 to 2443 of this

title, and enacting provisions set out as notes under this section

and sections 287c, 1754, 2291, 2311, 2346, 2346a, 2370, and 2751 of

this title] may be cited as the 'International Security Assistance

Act of 1978'."

Pub. L. 95-268, Sec. 1, Apr. 24, 1978, 92 Stat. 213, provided

that: "This Act [enacting section 2200 of this title and amending

sections 2191, 2194, 2195, 2197, 2199, and 2200a of this title] may

be cited as the 'Overseas Private Investment Corporation Amendments

Act of 1978'."

SHORT TITLE OF 1977 AMENDMENTS

Pub. L. 95-92, Sec. 1, Aug. 4, 1977, 91 Stat. 614, provided that:

"This Act [enacting sections 2294, 2346b, 2372, and 2429a of this

title, amending sections 2261, 2291a, 2312, 2321h to 2321j, 2346,

2346a, 2347a, 2370, 2391, 2429, 2443, 2753, 2771, 2778, and 2792 of

this title, and enacting provisions set out as notes under this

section and sections 2346, 2370, 2406, 2431, and 2751 of this

title] may be cited as the 'International Security Assistance Act

of 1977'."

Section 1 of Pub. L. 95-88 provided that: "This Act [enacting

sections 2151o to 2151s, 2292k, and 2429b of this title and

sections 1712, 1713, 1714, and 1727 to 1727f of Title 7,

Agriculture, amending this section and sections 2151a, 2151b,

2151c, 2151d, 2151g, 2151h, 2151i, 2151k, 2151l, 2151m, 2151n,

2174, 2181, 2182, 2182a, 2183, 2222, 2225, 2292a, 2292h, 2357,

2370, 2384, 2385, 2386, 2399c, 2421, and 2427 of this title,

section 5315 of Title 5, Government Organization and Employees, and

sections 1427, 1431, 1692, 1702, 1703, 1706, 1711, 1721, 1722,

1723, 1726, 1731, and 1736b of Title 7, repealing section 2424 of

this title, and enacting provisions set out as notes under this

section and sections 2151b, 2151i, 2174, 2357, and 2384 of this

title and sections 1702, 1708, and 1722 of Title 7] may be cited as

the 'International Development and Food Assistance Act of 1977'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-329, Sec. 1, June 30, 1976, 90 Stat. 729, provided:

"That this Act [enacting sections 2292h, 2292i, 2321j, 2347, 2347a,

2347b, 2371, 2394a, 2428, 2429, 2755, 2765, 2778, and 2779 of this

title, amending sections 2183, 2222, 2261, 2291, 2291a, 2292f,

2304, 2312, 2314, 2318, 2321b, 2321h, 2321i, 2346a, 2370, 2382,

2383, 2384, 2386, 2392, 2394, 2396, 2403, 2415, 2416, 2417, 2441,

2443, 2751, 2751 note, 2752, 2753, 2761, 2762, 2763, 2771, 2776,

2791, 2792, and 2794 of this title, repealing sections 2321a, 2415

note, 2431, 2431 notes, 2432, 2432 note, 2433, 2433 note, 2434, and

2435, and enacting provisions set out as notes under this section

and sections 2291, 2292, 2314, 2321a, 2321b, 2347, 2352, 2370,

2428, 2431, 2441, 2751, 2753, 2763, 2776, and 2778 of this title]

may be cited as the 'International Security Assistance and Arms

Export Control Act of 1976'."

SHORT TITLE OF 1975 AMENDMENT

Section 1 of Pub. L. 94-161 provided: "That this Act

[redesignating as sections 2292c to 2292e former sections 2262,

2399-1a, and 2399-1b of this title, enacting sections 2151a-1,

2151d, 2151e, 2151n, 2220a to 2220e, 2292 to 2292b, 2292f, and 2425

to 2427 of this title and sections 1691a, 1711, 1726, and 1736f of

Title 7, Agriculture, amending this section and sections 2151a,

2151b, 2151c, 2151h, 2151i, 2151k, 2169, 2174, 2181 to 2183, 2221,

2222, 2225, 2293, 2357 and 2421 of this title and sections 1691,

1703, 1706, 1709, 1721, 1736, 1736a, and 1736b of Title 7,

repealing sections 2151d, 2151e, 2201, 2292, and 2399 of this

title, and enacting provisions set out as a note under section

2220a of this title and as a note under section 1691a of Title 7]

may be cited as the 'International Development and Food Assistance

Act of 1975'."

SHORT TITLE OF 1974 AMENDMENTS

Pub. L. 93-559, Sec. 1, Dec. 30, 1974, 88 Stat. 1795, provided:

"That this Act [enacting sections 2151m, 2175a, 2182a, 2225, 2293,

2304, 2321h, 2321i, 2419 to 2424, 2435, and 2441 to 2443 of this

title, amending sections 278, 2151a to 2151c, 2163, 2181, 2183,

2219a, 2222, 2261, 2312, 2318, 2321b, 2321f, 2346a, 2360, 2364,

2370, 2394, 2399, 2413, 2415, 2416, 2753, 2763, 2764, 2771, 2773,

2775, and 2776 of this title, repealing sections 2151j and 2200 of

this title, enacting provisions set out as notes under sections

2166, 2175, 2311, 2370, 2399, 2406, 2415, 2431 to 2433, 2551, and

2764 of this title, and repealing provisions set out as a note

under this section] may be cited as the 'Foreign Assistance Act of

1974'."

Pub. L. 93-390, Sec. 1, Aug. 27, 1974, 88 Stat. 763, provided:

"That this Act [amending sections 2191, 2194, 2195, 2197, 2199,

2200 and 2200a of this title] may be cited as the 'Overseas Private

Investment Corporation Amendments Act of 1974'."

Pub. L. 93-333, Sec. 1, July 8, 1974, 88 Stat. 290, provided:

"That this Act [enacting section 2292c of this title, amending

section 2292d of this title, and enacting provisions set out as

notes under this section and section 2395 of this title] may be

cited as the 'Foreign Disaster Assistance Act of 1974'."

SHORT TITLE OF 1973 AMENDMENT

Section 1 of Pub. L. 93-189 provided: "That this Act [enacting

sections 2151a to 2151l, 2303, 2399-1a, 2399-1b, 2399c, 2399d, 2431

to 2434 and 2794 of this title, amending this section and sections

285n, 1934, 2163, 2171, 2174, 2181, 2183, 2195, 2199, 2200, 2212,

2219a, 2221, 2222, 2261, 2291, 2291a, 2311, 2312, 2314, 2318,

2321b, 2321f, 2346a, 2367, 2370, 2385, 2394, and section 2397 of

this title, repealing sections 2314a, 2319 to 2321, 2321e, 2321g,

and 2346a, of this title, and enacting provisions set out as notes

under this section and sections 1942, 2163, 2220, 2415, and 2431 of

this title] may be cited as the 'Foreign Assistance Act of 1973'."

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-226, Sec. 1, Feb. 7, 1972, 86 Stat. 20, provided:

"That this Act [enacting sections 2180a, 2291, 2292, 2321d to

2321g, 2346 to 2346b, and 2413 to 2418 of this title, amending

sections 276, 290f, 1476, 1928b, 2162, 2163, 2169, 2172, 2174,

2181, 2183, 2198, 2199, 2200, 2212, 2219a, 2222, 2261, 2312, 2314,

2318, 2319, 2321b, 2370, 2384, 2394, 2397, 2403, 2411, 2684, 2771,

2773, and 2791 of this title and section 5314 of Title 5,

Government Organization and Employees, repealing sections 2165 and

2241 to 2243 of this title, and enacting provisions set out as

notes under this section and sections 287e, 2411, 2417, and 2680 of

this title] may be cited as the 'Foreign Assistance Act of 1971'."

SHORT TITLE OF 1971 AMENDMENT

Pub. L. 91-652, Sec. 1, Jan. 5, 1971, 84 Stat. 1942, provided:

"That this Act [enacting section 2411 of this title, amending

sections 2261 and 2242 of this title, and enacting provisions set

out as notes under sections 2261, 2302, and 2411 of this title] may

be cited as the 'Special Foreign Assistance Act of 1971'."

SHORT TITLE OF 1969 AMENDMENT

Pub. L. 91-175, Sec. 1, Dec. 30, 1969, 83 Stat. 805, provided

that: "This Act [enacting sections 290f, 2179, 2180, 2194 to 2200a

and 2321a of this title, amending sections 2162, 2163, 2172, 2174,

2181 to 2183, 2191 to 2193, 2212, 2219a, 2221, 2222, 2242, 2261,

2312, 2318, 2360, 2362, 2370, 2384, 2394, 2396, 2397 and 2402 of

this title, section 846 of former Title 31, Money and Finance, and

sections 3343, 3581, 3582 and 5314 to 5316 of Title 5, Government

Organization and Employees, and enacting provision set out as a

note under this section], may be cited as the 'Foreign Assistance

Act of 1969'."

SHORT TITLE OF 1968 AMENDMENT

Pub. L. 90-554, Sec. 1, Oct. 8, 1968, 82 Stat. 960, provided:

"That this Act [enacting sections 2381a, 2399b, and 2410 of this

title and section 617 of Title 16, Conservation, amending sections

2161, 2162, 2171, 2172, 2174, 2181, 2184, 2212, 2218, 2219a, 2222,

2242, 2261, 2312, 2318-2320, 2354, 2357, 2370, 2381, 2385, 2396,

and 2397 of this title, and enacting provisions set out as a note

under this section] may be cited as the 'Foreign Assistance Act of

1968'."

SHORT TITLE OF 1967 AMENDMENT

Section 1 of Pub. L. 90-137 provided: "That this Act [enacting

sections 2167 to 2169, 2178, 2219, 2219a, 2220, 2224, 2243, 2302,

2341 to 2345, and 2409 of this title, amending this section and

sections 276, 276c-1, 1928b to 1928d, 1934, 2161, 2162, 2165, 2171,

2172, 2174, 2181 to 2184, 2192, 2211, 2212, 2218, 2221, 2222, 2241,

2242, 2261, 2271, 2301, 2302, 2311, 2312, 2314, 2318 to 2321, 2341

to 2345, 2351, 2358, 2360, 2361, 2364, 2384 to 2386, 2389, 2392,

2394 to 2397, 2399a, and 2403 of this title, repealing sections

2217b and 2317(a) of this title, and enacting provision set out as

a note under section 2395 of this title] may be cited as the

'Foreign Assistance Act of 1967'."

SHORT TITLE OF 1966 AMENDMENT

Section 1 of Pub. L. 89-583 provided: "That this Act [enacting

sections 2217 to 2217b, 2218, 2281, and 2322 of this title and

amending this section and sections 2161, 2162, 2165, 2171, 2172,

2174, 2181, 2182, 2184, 2211, 2212, 2221, 2222, 2241, 2242, 2261,

2312, 2314, 2316, 2318, 2320, 2351, 2354, 2358, 2360, 2362, 2364,

2370, 2382, 2384, 2394, 2395, and 2397 of this title] may be cited

as the 'Foreign Assistance Act of 1966'."

SHORT TITLE OF 1965 AMENDMENT

Section 1 of Pub. L. 89-171 provided: "That this Act [enacting

sections 2166, 2399, 2399a and 2408 of this title, and amending

this section and sections 2165, 2172, 2174, 2181 to 2184, 2212,

2221, 2222, 2242, 2261, 2311 to 2313, 2315 to 2320, 2355, 2362,

2363, 2370, 2382, 2384 to 2386, 2390, 2391, 2395 to 2398, 2403, and

2404 of this title, section 1707 of Title 7, Agriculture, and

provisions set out as a note under this section] may be cited as

the 'Foreign Assistance Act of 1965'."

SHORT TITLE OF 1964 AMENDMENT

Pub. L. 88-633, Sec. 1, Oct. 7, 1964, 78 Stat. 1009, provided:

"That this Act [enacting sections 2177, 2321, and 2407 of this

title, amending sections 276, 1754, 2161, 2172, 2174, 2176, 2181,

2184, 2192, 2212, 2222, 2242, 2261, 2311, 2312, 2315, 2317, 2318,

2320, 2351, 2362, 2370, 2385, 2386, and 2397 of this title, and

enacting provisions set out as a note under this section] may be

cited as the 'Foreign Assistance Act of 1964'."

SHORT TITLE OF 1963 AMENDMENT

Section 1 of Pub. L. 88-205 provided that: "This Act [enacting

sections 816, 1138a, 2216, 2320, 2398, and 2684 of this title,

amending sections 961, 1136, 1139, 1251, 1928a, 1943, 2161, 2162,

2172, 2174, 2181, 2182, 2184, 2201, 2211 to 2213, 2222, 2242, 2261,

2312, 2313, 2318, 2319, 2351, 2361, 2362, 2370, 2381, 2384, 2386,

2391, 2395 to 2397, 2403, and 2404 of this title, sections 1701,

1705, 1706, and 1722 of Title 7, Agriculture, and section 1861 of

Title 19, Customs Duties, enacting provisions set out as notes

under this section and section 1942 of this title, and section 1706

of Title 7, and repealing provisions set out as notes under this

section and section 2301 of this title], may be cited as the

'Foreign Assistance Act of 1963'."

SHORT TITLE OF 1962 AMENDMENT

Section 1 of Pub. L. 87-565 provided: "That this Act [enacting

sections 2211 to 2213 of this title, amending this section and

sections 276, 2161, 2171, 2172, 2181, 2182, 2184, 2192, 2222, 2242,

2261, 2271, 2314, 2315, 2318, 2360, 2361, 2368, 2370, 2381, 2384,

2385, 2389, 2394, 2395, 2397, 2402 to 2404, 2452, and 2669 of this

title, repealing section 2173 of this title, enacting provisions

set out as a note under section 2452 of this title, and repealing

Part IV of the Foreign Assistance Act of 1961] may be cited as the

'Foreign Assistance Act of 1962'."

SHORT TITLE

Section 1 of Pub. L. 87-195, as added by Pub. L. 87-329, title I,

Sec. 111, Sept. 30, 1961, 75 Stat. 719, provided: "That this Act

[enacting this chapter and sections 1613d and 1945 of this title,

amending sections 276, 279a, 1041, 1112, 1136, 1148, 1157, 1754,

1783, 1925, 1951 and 1964 of this title, section 1704 of Title 7,

Agriculture, and sections 1651 and 1701 of Title 42, The Public

Health and Welfare, enacting provisions set out as notes under this

section and sections 276, 1613d, and 1925 of this title, and

repealing sections 1750, 1750a, 1750b to 1753a, 1755 to 1759, 1760,

1761 to 1765, 1766a to 1766c, 1767a, 1768, 1781, 1782, 1784 to

1795, 1797, 1811, 1812 to 1817, 1841, 1851, 1852, 1854, 1870, 1871

to 1876, 1891 to 1896, 1897, 1920, 1921, 1923, 1924, 1926, 1927,

1929, 1931, 1933, 1935, 1936, 1939 to 1940a, 1941, 2051 to 2053,

2071 and 2072 of this title, Reorganization Plan No. 7 of 1953, and

provisions set out as notes under sections 1753, 1783, 1922, 1928b,

1939 and 1951 of this title] may be cited as 'The Foreign

Assistance Act of 1961'."

Section 101 of Pub. L. 87-195 which provided that this subchapter

should be cited as the "Act for International Development of 1961"

was repealed by section 101(b) of Pub. L. 88-205.

Pub. L. 87-195, pt. V, Sec. 801, as added by Pub. L. 105-214,

Sec. 1, July 29, 1998, 112 Stat. 885, provided that: "This part

[part V (Secs. 801-813) of Pub. L. 87-195, enacting subchapter IV

of this chapter] may be cited as the 'Tropical Forest Conservation

Act of 1998'."

REPEALS

Section 642 of Pub. L. 87-195, as amended by Pub. L. 89-171, pt.

III, Sec. 303(a), Sept. 6, 1965, 79 Stat. 661, provided that:

"(a) There are hereby repealed -

"(1) Reorganization Plan Numbered 7 of 1953 [formerly set out

as a note under section 1785 of this title].

"(2) the Mutual Security Act of 1954, as amended [section 1750

et seq. of this title] (except sections 402, 405(a), 405(c),

405(d), 408, 414, 417, 451(c), 502(a), 502(b), 514, 523(d), and

536 [sections 1922, 1925(a), 1925(c), 1925(d), 1928, 1934, 1937,

1951(c), 1754(a), (b), 1766, 1783(d) and 1796 of this title]);

"(3) section 12 of the Mutual Security Act of 1955 [formerly

set out as a note under section 1811 of this title];

"(4) sections 12, 13, and 14 of the Mutual Security Act of 1956

[section 1870 of this title and notes formerly set out under

sections 1753 and 1939 of this title];

"(5) section 503 of the Mutual Security Act of 1958 [section

1750a of this title];

"(6) section 108 of the Mutual Security Appropriation Act, 1959

[formerly set out as a note under section 1922 of this title];

"(7) section 501(a), chapter VI, and sections 702 and 703 of

the Mutual Security Act of 1959, as amended [sections 1941, and

2051 to 2053 of this title and notes formerly set out under

sections 1928b and 1951 of this title]; and

"(8) section 604 and chapter VII of the Mutual Security Act of

1960 [sections 2071 and 2072 of this title and note formerly set

out under section 1783 of this title].

"(b) References in law to the Acts, or provisions of such Acts,

repealed by subsection (a) of this section shall hereafter be

deemed to be references to this Act [see Short Title note for the

Foreign Assistance Act of 1961 above] or appropriate provisions of

this Act.

"(c) The repeal of the Acts listed in subsection (a) of this

section shall not be deemed to affect amendments contained in such

Acts to Acts not named in that subsection."

-TRANS-

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT DEEMED AGENCY

PRIMARILY RESPONSIBLE FOR ADMINISTERING THIS SUBCHAPTER

Any reference in this chapter to the agency primarily responsible

for administering this subchapter, or to the Administrator of such

agency, deemed reference to the United States Agency for

International Development or to the Administrator of that agency,

as appropriate, see section 1-200(a) of Ex. Ord. No. 12163, Sept.

29, 1979, 44 F.R. 56673, as amended, set out as a note under

section 2381 of this title.

-MISC2-

ASSISTANCE FOR ZIMBABWE

Pub. L. 107-115, title V, Sec. 560, Jan. 10, 2002, 115 Stat.

2162, provided that: "The Secretary of the Treasury shall instruct

the United States executive director to each international

financial institution to vote against any extension by the

respective institution of any loans, to the Government of Zimbabwe,

except to meet basic human needs or to promote democracy, unless

the Secretary of State determines and certifies to the Committees

on Appropriations that the rule of law has been restored in

Zimbabwe, including respect for ownership and title to property,

freedom of speech and association."

Pub. L. 107-99, Dec. 21, 2001, 115 Stat. 962, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Zimbabwe Democracy and Economic

Recovery Act of 2001'.

"SEC. 2. STATEMENT OF POLICY.

"It is the policy of the United States to support the people of

Zimbabwe in their struggle to effect peaceful, democratic change,

achieve broad-based and equitable economic growth, and restore the

rule of law.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) International financial institutions. - The term

'international financial institutions' means the multilateral

development banks and the International Monetary Fund.

"(2) Multilateral development banks. - The term 'multilateral

development banks' means the International Bank for

Reconstruction and Development, the International Development

Association, the International Finance Corporation, the

Inter-American Development Bank, the Asian Development Bank, the

Inter-American Investment Corporation, the African Development

Bank, the African Development Fund, the European Bank for

Reconstruction and Development, and the Multilateral Investment

Guaranty Agency.

"SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

"(a) Findings. - Congress makes the following findings:

"(1) Through economic mismanagement, undemocratic practices,

and the costly deployment of troops to the Democratic Republic of

the Congo, the Government of Zimbabwe has rendered itself

ineligible to participate in International Bank for

Reconstruction and Development and International Monetary Fund

programs, which would otherwise be providing substantial

resources to assist in the recovery and modernization of

Zimbabwe's economy. The people of Zimbabwe have thus been denied

the economic and democratic benefits envisioned by the donors to

such programs, including the United States.

"(2) In September 1999 the IMF suspended its support under a

'Stand By Arrangement', approved the previous month, for economic

adjustment and reform in Zimbabwe.

"(3) In October 1999, the International Development Association

(in this section referred to as the 'IDA') suspended all

structural adjustment loans, credits, and guarantees to the

Government of Zimbabwe.

"(4) In May 2000, the IDA suspended all other new lending to

the Government of Zimbabwe.

"(5) In September 2000, the IDA suspended disbursement of funds

for ongoing projects under previously-approved loans, credits,

and guarantees to the Government of Zimbabwe.

"(b) Support for Democratic Transition and Economic Recovery. -

"(1) Bilateral debt relief. - Upon receipt by the appropriate

congressional committees of a certification described in

subsection (d), the Secretary of the Treasury shall undertake a

review of the feasibility of restructuring, rescheduling, or

eliminating the sovereign debt of Zimbabwe held by any agency of

the United States Government.

"(2) Multilateral debt relief and other financial assistance. -

It is the sense of Congress that, upon receipt by the appropriate

congressional committees of a certification described in

subsection (d), the Secretary of the Treasury should -

"(A) direct the United States executive director of each

multilateral development bank to propose that the bank should

undertake a review of the feasibility of restructuring,

rescheduling, or eliminating the sovereign debt of Zimbabwe

held by that bank; and

"(B) direct the United States executive director of each

international financial institution to which the United States

is a member to propose to undertake financial and technical

support for Zimbabwe, especially support that is intended to

promote Zimbabwe's economic recovery and development, the

stabilization of the Zimbabwean dollar, and the viability of

Zimbabwe's democratic institutions.

"(c) Multilateral Financing Restriction. - Until the President

makes the certification described in subsection (d), and except as

may be required to meet basic human needs or for good governance,

the Secretary of the Treasury shall instruct the United States

executive director to each international financial institution to

oppose and vote against -

"(1) any extension by the respective institution of any loan,

credit, or guarantee to the Government of Zimbabwe; or

"(2) any cancellation or reduction of indebtedness owed by the

Government of Zimbabwe to the United States or any international

financial institution.

"(d) Presidential Certification That Certain Conditions Are

Satisfied. - A certification under this subsection is a

certification transmitted to the appropriate congressional

committees of a determination made by the President that the

following conditions are satisfied:

"(1) Restoration of the rule of law. - The rule of law has been

restored in Zimbabwe, including respect for ownership and title

to property, freedom of speech and association, and an end to the

lawlessness, violence, and intimidation sponsored, condoned, or

tolerated by the Government of Zimbabwe, the ruling party, and

their supporters or entities.

"(2) Election or pre-election conditions. - Either of the

following two conditions is satisfied:

"(A) Presidential election. - Zimbabwe has held a

presidential election that is widely accepted as free and fair

by independent international monitors, and the president-elect

is free to assume the duties of the office.

"(B) Pre-election conditions. - In the event the

certification is made before the presidential election takes

place, the Government of Zimbabwe has sufficiently improved the

pre-election environment to a degree consistent with accepted

international standards for security and freedom of movement

and association.

"(3) Commitment to equitable, legal, and transparent land

reform. - The Government of Zimbabwe has demonstrated a

commitment to an equitable, legal, and transparent land reform

program consistent with agreements reached at the International

Donors' Conference on Land Reform and Resettlement in Zimbabwe

held in Harare, Zimbabwe, in September 1998.

"(4) Fulfillment of agreement ending war in democratic republic

of congo. - The Government of Zimbabwe is making a good faith

effort to fulfill the terms of the Lusaka, Zambia, agreement on

ending the war in the Democratic Republic of Congo.

"(5) Military and national police subordinate to civilian

government. - The Zimbabwean Armed Forces, the National Police of

Zimbabwe, and other state security forces are responsible to and

serve the elected civilian government.

"(e) Waiver. - The President may waive the provisions of

subsection (b)(1) or subsection (c), if the President determines

that it is in the national interest of the United States to do so.

"SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND

INDEPENDENT MEDIA, AND THE RULE OF LAW.

"(a) In General. - The President is authorized to provide

assistance under part I [22 U.S.C. 2151 et seq.] and chapter 4 of

part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of

1961 to -

"(1) support an independent and free press and electronic media

in Zimbabwe;

"(2) support equitable, legal, and transparent mechanisms of

land reform in Zimbabwe, including the payment of costs related

to the acquisition of land and the resettlement of individuals,

consistent with the International Donors' Conference on Land

Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in

September 1998, or any subsequent agreement relating thereto; and

"(3) provide for democracy and governance programs in Zimbabwe.

"(b) Funding. - Of the funds authorized to be appropriated to

carry out part I [22 U.S.C. 2151 et seq.] and chapter 4 of part II

[22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961 for

fiscal year 2002 -

"(1) $20,000,000 is authorized to be available to provide the

assistance described in subsection (a)(2); and

"(2) $6,000,000 is authorized to be available to provide the

assistance described in subsection (a)(3).

"(c) Supersedes Other Laws. - The authority in this section

supersedes any other provision of law.

"SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST

INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE

RULE OF LAW IN ZIMBABWE.

"It is the sense of Congress that the President should begin

immediate consultation with the governments of European Union

member states, Canada, and other appropriate foreign countries on

ways in which to -

"(1) identify and share information regarding individuals

responsible for the deliberate breakdown of the rule of law,

politically motivated violence, and intimidation in Zimbabwe;

"(2) identify assets of those individuals held outside

Zimbabwe;

"(3) implement travel and economic sanctions against those

individuals and their associates and families; and

"(4) provide for the eventual removal or amendment of those

sanctions."

REPORT ON RELATIONS WITH VIETNAM

Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2805, Oct.

21, 1998, 112 Stat. 2681-846, as amended by Pub. L. 106-113, div.

B, Sec. 1000(a)(7) [div. A, title II, Sec. 209(c)], Nov. 29, 1999,

113 Stat. 1536, 1501A-423, provided that: "In order to provide

Congress with the necessary information by which to evaluate the

relationship between the United States and Vietnam, the Secretary

of State shall submit a report to the appropriate congressional

committees [Committee on International Relations of House of

Representatives and Committee on Foreign Relations of Senate], not

later than 90 days after the date of enactment of this Act [Oct.

21, 1998] and every 180 days thereafter during the period ending

September 30, 2001, on the extent to which -

"(1) the Government of the Socialist Republic of Vietnam is

cooperating with the United States in providing the fullest

possible accounting of all unresolved cases of prisoners of war

(POWs) or persons missing-in-action (MIAs) through the provision

of records and the unilateral and joint recovery and repatriation

of American remains;

"(2) the Government of the Socialist Republic of Vietnam has

made progress toward the release of all political and religious

prisoners, including Catholic, Protestant, and Buddhist clergy;

"(3) the Government of the Socialist Republic of Vietnam is

cooperating with requests by the United States to obtain full and

free access to persons of humanitarian interest to the United

States for interviews under the Orderly Departure (ODP) and

Resettlement Opportunities for Vietnamese Refugees (ROVR)

programs, and in providing exit visas for such persons;

"(4) the Government of the Socialist Republic of Vietnam has

taken vigorous action to end extortion, bribery, and other

corrupt practices in connection with such exit visas; and

"(5) the Government of the United States is making vigorous

efforts to interview and resettle former reeducation camp

victims, their immediate families including unmarried sons and

daughters, former United States Government employees, and other

persons eligible for the ODP program, and to give such persons

the full benefit of all applicable United States laws including

sections 599D and 599E of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act of 1990

(Public Law 101-167) [8 U.S.C. 1157 note, 1255 note]."

IRAQ LIBERATION

Pub. L. 105-338, Oct. 31, 1998, 112 Stat. 3178, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Iraq Liberation Act of 1998'.

"SEC. 2. FINDINGS.

"The Congress makes the following findings:

"(1) On September 22, 1980, Iraq invaded Iran, starting an 8

year war in which Iraq employed chemical weapons against Iranian

troops and ballistic missiles against Iranian cities.

"(2) In February 1988, Iraq forcibly relocated Kurdish

civilians from their home villages in the Anfal campaign, killing

an estimated 50,000 to 180,000 Kurds.

"(3) On March 16, 1988, Iraq used chemical weapons against

Iraqi Kurdish civilian opponents in the town of Halabja, killing

an estimated 5,000 Kurds and causing numerous birth defects that

affect the town today.

"(4) On August 2, 1990, Iraq invaded and began a 7 month

occupation of Kuwait, killing and committing numerous abuses

against Kuwaiti civilians, and setting Kuwait's oil wells ablaze

upon retreat.

"(5) Hostilities in Operation Desert Storm ended on February

28, 1991, and Iraq subsequently accepted the ceasefire conditions

specified in United Nations Security Council Resolution 687

(April 3, 1991) requiring Iraq, among other things, to disclose

fully and permit the dismantlement of its weapons of mass

destruction programs and submit to long-term monitoring and

verification of such dismantlement.

"(6) In April 1993, Iraq orchestrated a failed plot to

assassinate former President George Bush during his April 14-16,

1993, visit to Kuwait.

"(7) In October 1994, Iraq moved 80,000 troops to areas near

the border with Kuwait, posing an imminent threat of a renewed

invasion of or attack against Kuwait.

"(8) On August 31, 1996, Iraq suppressed many of its opponents

by helping one Kurdish faction capture Irbil, the seat of the

Kurdish regional government.

"(9) Since March 1996, Iraq has systematically sought to deny

weapons inspectors from the United Nations Special Commission on

Iraq (UNSCOM) access to key facilities and documents, has on

several occasions endangered the safe operation of UNSCOM

helicopters transporting UNSCOM personnel in Iraq, and has

persisted in a pattern of deception and concealment regarding the

history of its weapons of mass destruction programs.

"(10) On August 5, 1998, Iraq ceased all cooperation with

UNSCOM, and subsequently threatened to end long-term monitoring

activities by the International Atomic Energy Agency and UNSCOM.

"(11) On August 14, 1998, President Clinton signed Public Law

105-235 [112 Stat. 1538], which declared that 'the Government of

Iraq is in material and unacceptable breach of its international

obligations' and urged the President 'to take appropriate action,

in accordance with the Constitution and relevant laws of the

United States, to bring Iraq into compliance with its

international obligations.'.

"(12) On May 1, 1998, President Clinton signed Public Law

105-174 [see Tables for classification], which made $5,000,000

available for assistance to the Iraqi democratic opposition for

such activities as organization, training, communication and

dissemination of information, developing and implementing

agreements among opposition groups, compiling information to

support the indictment of Iraqi officials for war crimes, and for

related purposes.

"SEC. 3. SENSE OF THE CONGRESS REGARDING UNITED STATES POLICY

TOWARD IRAQ.

"It should be the policy of the United States to support efforts

to remove the regime headed by Saddam Hussein from power in Iraq

and to promote the emergence of a democratic government to replace

that regime.

"SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.

"(a) Authority To Provide Assistance. - The President may provide

to the Iraqi democratic opposition organizations designated in

accordance with section 5 the following assistance:

"(1) Broadcasting assistance. - (A) Grant assistance to such

organizations for radio and television broadcasting by such

organizations to Iraq.

"(B) There is authorized to be appropriated to the United

States Information Agency $2,000,000 for fiscal year 1999 to

carry out this paragraph.

"(2) Military assistance. - (A) The President is authorized to

direct the drawdown of defense articles from the stocks of the

Department of Defense, defense services of the Department of

Defense, and military education and training for such

organizations.

"(B) The aggregate value (as defined in section 644(m) of the

Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)]) of assistance

provided under this paragraph may not exceed $97,000,000.

"(b) Humanitarian Assistance. - The Congress urges the President

to use existing authorities under the Foreign Assistance Act of

1961 [22 U.S.C. 2151 et seq.] to provide humanitarian assistance to

individuals living in areas of Iraq controlled by organizations

designated in accordance with section 5, with emphasis on

addressing the needs of individuals who have fled to such areas

from areas under the control of the Saddam Hussein regime.

"(c) Restriction on Assistance. - No assistance under this

section shall be provided to any group within an organization

designated in accordance with section 5 which group is, at the time

the assistance is to be provided, engaged in military cooperation

with the Saddam Hussein regime.

"(d) Notification Requirement. - The President shall notify the

congressional committees specified in section 634A of the Foreign

Assistance Act of 1961 [22 U.S.C. 2394-1] at least 15 days in

advance of each obligation of assistance under this section in

accordance with the procedures applicable to reprogramming

notifications under section 634A.

"(e) Reimbursement Relating to Military Assistance. -

"(1) In general. - Defense articles, defense services, and

military education and training provided under subsection (a)(2)

shall be made available without reimbursement to the Department

of Defense except to the extent that funds are appropriated

pursuant to paragraph (2).

"(2) Authorization of appropriations. - There are authorized to

be appropriated to the President for each of the fiscal years

1998 and 1999 such sums as may be necessary to reimburse the

applicable appropriation, fund, or account for the value (as

defined in section 644(m) of the Foreign Assistance Act of 1961

[22 U.S.C. 2403(m)]) of defense articles, defense services, or

military education and training provided under subsection (a)(2).

"(f) Availability of Funds. - (1) Amounts authorized to be

appropriated under this section are authorized to remain available

until expended.

"(2) Amounts authorized to be appropriated under this section are

in addition to amounts otherwise available for the purposes

described in this section.

"(g) Authority To Provide Assistance. - Activities under this

section (including activities of the nature described in subsection

(b)) may be undertaken notwithstanding any other provision of law.

"SEC. 5. DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION ORGANIZATION.

"(a) Initial Designation. - Not later than 90 days after the date

of the enactment of this Act [Oct. 31, 1998], the President shall

designate one or more Iraqi democratic opposition organizations

that the President determines satisfy the criteria set forth in

subsection (c) as eligible to receive assistance under section 4.

"(b) Designation of Additional Organizations. - At any time

subsequent to the initial designation pursuant to subsection (a),

the President may designate one or more additional Iraqi democratic

opposition organizations that the President determines satisfy the

criteria set forth in subsection (c) as eligible to receive

assistance under section 4.

"(c) Criteria for Designation. - In designating an organization

pursuant to this section, the President shall consider only

organizations that -

"(1) include a broad spectrum of Iraqi individuals, groups, or

both, opposed to the Saddam Hussein regime; and

"(2) are committed to democratic values, to respect for human

rights, to peaceful relations with Iraq's neighbors, to

maintaining Iraq's territorial integrity, and to fostering

cooperation among democratic opponents of the Saddam Hussein

regime.

"(d) Notification Requirement. - At least 15 days in advance of

designating an Iraqi democratic opposition organization pursuant to

this section, the President shall notify the congressional

committees specified in section 634A of the Foreign Assistance Act

of 1961 [22 U.S.C. 2394-1] of his proposed designation in

accordance with the procedures applicable to reprogramming

notifications under section 634A.

"SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.

"Consistent with section 301 of the Foreign Relations

Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138

[105 Stat. 707]), House Concurrent Resolution 137, 105th Congress

(approved by the House of Representatives on November 13, 1997),

and Senate Concurrent Resolution 78, 105th Congress (approved by

the Senate on March 13, 1998), the Congress urges the President to

call upon the United Nations to establish an international criminal

tribunal for the purpose of indicting, prosecuting, and imprisoning

Saddam Hussein and other Iraqi officials who are responsible for

crimes against humanity, genocide, and other criminal violations of

international law.

"SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM HUSSEIN

REGIME.

"It is the sense of the Congress that once the Saddam Hussein

regime is removed from power in Iraq, the United States should

support Iraq's transition to democracy by providing immediate and

substantial humanitarian assistance to the Iraqi people, by

providing democracy transition assistance to Iraqi parties and

movements with democratic goals, and by convening Iraq's foreign

creditors to develop a multilateral response to Iraq's foreign debt

incurred by Saddam Hussein's regime.

"SEC. 8. RULE OF CONSTRUCTION.

"Nothing in this Act shall be construed to authorize or otherwise

speak to the use of United States Armed Forces (except as provided

in section 4(a)(2)) in carrying out this Act."

-EXEC-

DESIGNATIONS UNDER THE IRAQ LIBERATION ACT OF 1998

Determination of President of the United States, No. 03-05, Dec.

7, 2002, 67 F.R. 78121, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me as President of the United

States, including under section 5 of the Iraq Liberation Act of

1998 (Public Law 105-338) ("the Act") [set out in a note above], I

hereby determine that each of the following groups is a democratic

opposition organization and that each satisfies the criteria set

forth in section 5(c) of the Act: the Assyrian Democratic Movement;

the Iraqi Free Officers and Civilians Movement; the Iraqi National

Front; the Iraqi National Movement; the Iraqi Turkmen Front; and

the Islamic Accord of Iraq. I hereby designate each of these

organizations as eligible to receive assistance under section 4 of

the Act.

You are authorized and directed to report this determination and

designation to the Congress and to arrange for its publication in

the Federal Register.

George W. Bush.

Determination of President of the United States, No. 99-13, Feb.

4, 1999, 64 F.R. 6781, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me as President of the United

States, including under section 5 of the Iraq Liberation Act of

1998 (Public Law 105-338) (the "Act") [set out in a note above], I

hereby determine that each of the following groups is a democratic

opposition organization and that each satisfies the criteria set

forth in section 5(c) of the Act: the Iraqi National Accord, the

Iraqi National Congress, the Islamic Movement of Iraqi Kurdistan,

the Kurdistan Democratic Party, the Movement for Constitutional

Monarchy, the Patriotic Union of Kurdistan, and the Supreme Council

for the Islamic Revolution in Iraq. I hereby designate each of

these organizations as eligible to receive assistance under section

4 of the Act.

You are authorized and directed to report this determination and

designation to the Congress and arrange for its publication in the

Federal Register.

William J. Clinton.

-MISC3-

ASSISTANCE FOR MAURITANIA

Pub. L. 104-319, title II, Sec. 202, Oct. 19, 1996, 110 Stat.

3866, provided that:

"(a) Prohibition. - The President should not provide economic

assistance, military assistance or arms transfers to the Government

of Mauritania unless the President certifies to the Congress that

such Government has taken appropriate action to eliminate chattel

slavery in Mauritania, including -

"(1) the enactment of anti-slavery laws that provide

appropriate punishment for violators of such laws; and

"(2) the rigorous enforcement of such laws.

"(b) Definitions. - For purposes of this section, the following

definitions apply:

"(1) Economic assistance. - The term 'economic assistance'

means any assistance under part I of the Foreign Assistance Act

of 1961 (22 U.S.C. 2151 et seq.), except that such term does not

include humanitarian assistance.

"(2) Military assistance or arms transfers. - The term

'military assistance or arms transfers' means -

"(A) assistance under chapter 2 of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to

military assistance), including the transfer of excess defense

articles under sections 516 through 519 of that Act (22 U.S.C.

2321j through 2321m);

"(B) assistance under chapter 5 of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to

international military education and training);

"(C) assistance under the 'Foreign Military Financing

Program' under section 23 of the Arms Export Control Act (22

U.S.C. 2763); or

"(D) the transfer of defense articles, defense services, or

design and construction services under the Arms Export Control

Act (22 U.S.C. 2751 et seq.), including defense articles and

defense services licensed or approved for export under section

38 of that Act (22 U.S.C. 2778)."

AUTHORITY FOR ANTICRIME ASSISTANCE

Pub. L. 103-447, title I, Sec. 106, Nov. 2, 1994, 108 Stat. 4694,

provided that:

"(a) Policy. - International criminal activities, including

international narcotics trafficking, money laundering, smuggling,

and corruption, endanger political and economic stability and

democratic development, and assistance for the prevention and

suppression of international criminal activities should be a

priority for the United States.

"(b) Authority. -

"(1) In general. - For fiscal year 1995, the President is

authorized to furnish assistance to any country or international

organization, on such terms and conditions as he may determine,

for the prevention and suppression of international criminal

activities.

"(2) Waiver of prohibition of police training. - Section 660 of

the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not

apply with respect to assistance furnished under paragraph (1)."

[Functions of President under section 106 of Pub. L. 103-447, set

out above, delegated to Secretary of State by Memorandum of

President of the United States, Apr. 4, 1995, 60 F.R. 19153.]

AFRICAN CONFLICT RESOLUTION

Pub. L. 103-381, Oct. 19, 1994, 108 Stat. 3513, provided that:

"SECTION. 1. SHORT TITLE.

"This Act may be cited as the 'African Conflict Resolution Act'.

"SEC. 2. FINDINGS AND STATEMENT OF POLICY.

"(a) Findings. - The Congress makes the following findings:

"(1) It is in the national interest of the United States to

help build African capability in conflict resolution. A

relatively small investment of assistance in promoting African

conflict resolution -

"(A) would reduce the enormous human suffering which is

caused by wars in Africa;

"(B) would help the United States avoid huge future

expenditures necessitated by Somalia-like humanitarian

disasters; and

"(C) would reduce the need for United Nations intervention as

African institutions develop the ability to resolve African

conflicts.

"(2) Africa, to a greater extent than any other continent, is

afflicted by war. Africa has been marred by more than 20 major

civil wars since 1960. Rwanda, Somalia, Angola, Sudan, Liberia,

and Burundi are among those countries that have recently suffered

serious armed conflict.

"(3) In the last decade alone, between 2,000,000 and 4,000,000

Africans have died because of war. There were 5,200,000 refugees

and 13,100,000 displaced people in Africa in 1993.

"(4) Millions more Africans are currently at risk of

war-related death. Looming or ongoing conflicts in Zaire, Angola,

Sudan, Rwanda, and other countries threaten Africa's future.

"(5) War has caused untold economic and social damage to the

countries of Africa. Food production is impossible in conflict

areas, and famine often results. Widespread conflict has

condemned many of Africa's children to lives of misery and, in

certain cases, has threatened the existence of traditional

African cultures.

"(6) Conflict and instability in Africa, particularly in large,

potentially rich countries such as Angola, Sudan, and Zaire,

deprive the global economy of resources and opportunities for

trade and investment. Peace in these countries could make a

significant contribution to global economic growth, while

creating new opportunities for United States businesses.

"(7) Excessive military expenditures threaten political and

economic stability in Africa while diverting scarce resources

from development needs. Demobilization and other measures to

reduce the size of African armies, and civilian control of the

military under the rule of law are in the interest of

international security and economic development.

"(8) Conflict prevention, mediation, and demobilization are

prerequisites to the success of development assistance programs.

Nutrition and education programs, for example, cannot succeed in

a nation at war. Billions of dollars of development assistance

have been virtually wasted in war-ravaged countries such as

Liberia, Somalia, and Sudan.

"(9) Africans have a long tradition of informal mediation. This

tradition should be built upon to create effective institutions

through which Africans can resolve African conflicts.

"(10) The effectiveness of U.S. support for conflict resolution

programs requires coordination and collaboration with

multilateral institutions and other bilateral donors.

"(11) African institutions are playing an active role in

conflict resolution and mediation utilizing the experience of

elder statesmen. Groups such as the All African Council of

Churches have assisted in defusing conflicts. The Economic

Community of West African States (ECOWAS) has sought to address

the conflict in Liberia by deploying an African peacekeeping

force. The Southern African states have been working to prevent a

crisis in Lesotho. The Intergovernmental Authority on

Desertification and Drought (IGADD) has been engaged in

attempting to resolve the conflict in Sudan.

"(12) The Organization of African Unity, under the leadership

of Secretary General Salim Salim, has established a conflict

resolution mechanism and has been active in mediation and

conflict resolution in several African countries.

"(b) United States Policy. - The Congress declares, therefore,

that a key goal for United States foreign policy should be to help

institutionalize conflict resolution capability in Africa.

"SEC. 3. IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE

ORGANIZATION OF AFRICAN UNITY.

"(a) Authorization of Assistance. - The President is authorized

to provide assistance to strengthen the conflict resolution

capability of the Organization of African Unity, as follows:

"(1) Funds may be provided to the Organization of African Unity

for use in supporting its conflict resolution capability,

including providing technical assistance.

"(2) Funds may be used for expenses of sending individuals with

expertise in conflict resolution to work with the Organization of

African Unity.

"(b) Funding. - Of the foreign assistance funds that are

allocated for sub-Saharan Africa, not less than $1,500,000 for each

of the fiscal years 1995 through 1998 should be used to carry out

subsection (a).

"SEC. 4. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL

SUBREGIONAL ORGANIZATIONS IN AFRICA.

"(a) Authorization of Assistance. - The President is authorized

to provide assistance to strengthen the conflict resolution

capabilities of subregional organizations established by countries

in sub-Saharan Africa, as follows:

"(1) Funds may be provided to such organizations for use in

supporting their conflict resolution capability, including

providing technical assistance.

"(2) Funds may be used for the expenses of sending individuals

with expertise in conflict resolution to work with such

organizations.

"(b) Funding. - Of the foreign assistance funds that are

allocated for sub-Saharan Africa, such sums as may be necessary for

each of the fiscal years 1995 through 1998 may be used to carry out

subsection (a).

"SEC. 5. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF

NON-GOVERNMENTAL ORGANIZATIONS.

"(a) Authorization of Assistance. - The President is authorized

to provide assistance to nongovernmental organizations that are

engaged in mediation and reconciliation efforts in sub-Saharan

Africa.

"(b) Funding. - Of the foreign assistance funds that are

allocated for sub-Saharan Africa, such sums as may be necessary for

each of the fiscal years 1995 and 1996 should be used to carry out

subsection (a).

"SEC. 6. AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.

"(a) Authorization of Assistance. - In order to facilitate

reductions in the size of the armed forces of countries of

sub-Saharan Africa, the President is authorized to -

"(1) provide assistance for the encampment and related

activities for the purpose of demobilization of such forces; and

"(2) provide assistance for the reintegration of demobilized

military personnel into civilian society through activities such

as retraining for civilian occupations, creation of

income-generating opportunities, their reintegration into

agricultural activities, and the transportation to the home areas

of such personnel.

"(b) Funding. - Of the foreign assistance funds that are

allocated for sub-Saharan Africa, $25,000,000 for each of the

fiscal years 1995 and 1996 should be used for the assistance

described in subsection (a), if conditions permit.

"(c) Civilian Involvement. - The President is also authorized to

promote civilian involvement in the planning and organization of

demobilization and reintegration activities.

"SEC. 7. TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND

PEACEKEEPING.

"(a) Authorization. - The President is authorized to establish a

program to provide education and training in conflict resolution

and peacekeeping for civilian and military personnel of countries

in sub-Saharan Africa.

"(b) Funding. - Of the funds made available under chapter 5 of

part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2347 et

seq.], such sums as may be necessary for each of the fiscal years

1995 and 1996 should be used for the purposes of subsection (a).

"SEC. 8. PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION AND

DEMOBILIZATION IN SUB-SAHARAN AFRICA.

"(a) In General. - Pursuant to the provisions of sections 3

through 7, the President should develop an integrated long-term

plan, which incorporates local perspectives, to provide support for

the enhancement of conflict resolution capabilities and

demobilization activities in sub-Saharan Africa.

"(b) Contents of Plan. - Such plan should include:

"(1) The type, purpose, amount, and duration of assistance that

is planned to be provided to conflict resolution units in

sub-Saharan Africa.

"(2) The type and amount of assistance that is planned to be

provided for the demobilization of military personnel of

countries of sub-Saharan Africa, including -

"(A) a list of which countries will receive such assistance

and an explanation of why such countries were chosen for such

assistance; and

"(B) a list of other countries and international

organizations that are providing assistance for such

demobilization.

"(3) The type and amount of assistance that is planned to be

provided to nongovernmental organizations that are engaged in

mediation and reconciliation efforts in sub-Saharan Africa.

"(4) A description of proposed training programs for Africans

in conflict resolution and peacekeeping under section 7,

including a list of prospective participants and plans to expand

such programs.

"(5) The mechanisms to be used to coordinate interagency

efforts to administer the plan.

"(6) Efforts to seek the participation of other countries and

international organizations to achieve the objectives of the

plan.

"(c) Report. - Not later than 180 days after the date of the

enactment of this Act [Oct. 19, 1994], the President shall submit

to the appropriate congressional committees a report containing a

description of the plan developed under this section.

"SEC. 9. REPORTING REQUIREMENT.

"(a) Requirement. - The President shall submit to the appropriate

congressional committees a report describing the efforts and

progress made in carrying out the provisions of this Act.

"(b) Date of Submission. - The first report submitted under

subsection (a) shall be submitted no later than 180 days after the

date of the enactment of this Act [Oct. 19, 1994], and shall be

submitted annually thereafter.

"SEC. 10. CONSULTATION REQUIREMENT.

"The President shall consult with the appropriate congressional

committees prior to providing assistance under sections 3 through

7.

"SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

"For purposes of this Act, the term 'appropriate congressional

committees' means the Committee on Foreign Affairs [now 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."

[Functions of President under sections 8 and 9 of Pub. L.

103-381, set out above, delegated to Administrator of the Agency

for International Development by Memorandum of President of the

United States, June 6, 1995, 60 F.R. 30771.]

WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE

Pub. L. 104-164, title I, Sec. 133, July 21, 1996, 110 Stat.

1430, provided that: "For each of the fiscal years 1996 and 1997,

narcotics-related assistance under part I of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151 et seq.) may be provided

notwithstanding any other provision of law that restricts

assistance to foreign countries (other than section 490(e) or

section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if, at

least 15 days before obligating funds for such assistance, the

President notifies the appropriate congressional committees (as

defined in section 481(e) of that Act (22 U.S.C. 2291(e))) in

accordance with the procedures applicable to reprogramming

notifications under section 634A of that Act (22 U.S.C. 2394-1)."

SIMILAR PROVISIONS

Similar provisions were contained in the following prior acts:

Pub. L. 103-447, title I, Sec. 105, Nov. 2, 1994, 108 Stat. 4694.

Pub. L. 102-583, Sec. 8, Nov. 2, 1992, 106 Stat. 4933, prior to

repeal by Pub. L. 103-447, title I, Sec. 103(a), Nov. 2, 1994, 108

Stat. 4693.

-CROSS-

"APPROPRIATE CONGRESSIONAL COMMITTEES" DEFINED FOR PURPOSES OF PUB.

L. 102-583

Pub. L. 102-583, Sec. 11(b), Nov. 2, 1992, 106 Stat. 4935,

provided that as used in Pub. L. 102-583, the term "appropriate

congressional committees" had the definition given that term by

section 481(e)(6) of the Foreign Assistance Act of 1961 (22 U.S.C.

2291(e)(6)), prior to repeal by Pub. L. 103-447, title I, Sec.

103(a), Nov. 2, 1994, 108 Stat. 4693.

-MISC4-

IMPACT ON EMPLOYMENT IN UNITED STATES

Pub. L. 102-549, title VIII, Sec. 801, Oct. 28, 1992, 106 Stat.

3671, provided that: "No funds made available to carry out any

provision of this Act [see Short Title of 1992 Amendments note

above] or the amendments made by this Act may be obligated or

expended for any financial incentive to a business enterprise

currently located in the United States for the purpose of inducing

such an enterprise to relocate outside the United States, if such

incentive or inducement is likely to reduce the number of employees

in the United States because United States production is being

replaced by such enterprise outside the United States."

INTERNATIONALLY RECOGNIZED WORKER RIGHTS

Pub. L. 102-549, title VIII, Sec. 802, Oct. 28, 1992, 106 Stat.

3671, provided that: "No funds made available to carry out any

provision of this Act [see Short Title of 1992 Amendments note

above] or the amendments made by this Act may be obligated or

expended for any project or activity that contributes to the

violation of internationally recognized workers rights, as defined

in section 502(a)(4) of the Trade Act of 1974 [19 U.S.C.

2462(a)(4)], of workers in the recipient country, including any

designated zone in that country."

HORN OF AFRICA RECOVERY AND FOOD SECURITY

Pub. L. 102-274, Apr. 21, 1992, 106 Stat. 115, known as the Horn

of Africa Recovery and Food Security Act, provided findings of

Congress concerning the Horn of Africa (the region comprised of

Ethiopia, Somalia, Sudan, and Djibouti), stated policy regarding

individual countries, authorized a relief and rehabilitation

program, provided for a peace initiative and a food security and

recovery strategy, prohibited security assistance to Ethiopia,

Somalia, or Sudan for fiscal year 1992 or 1993 absent a

certification by the President, required the President to submit a

report to Congress on the efforts and progress in carrying out Pub.

L. 102-274 not later than 180 days after Apr. 21, 1992, and

required additional reports.

PEACE PROCESS IN LIBERIA

Pub. L. 102-270, Apr. 16, 1992, 106 Stat. 106, as amended by Pub.

L. 104-107, title V, Sec. 573(a), Feb. 12, 1996, 110 Stat. 749,

provided: That (a) the Congress -

"(1) strongly supports the peace process for Liberia initiated

by the Yamoussoukro peace accord;

"(2) urges all parties to abide by the terms of the

Yamoussoukro agreement;

"(3) commends and congratulates the governments of the Economic

Community of West African States (ECOWAS) for their leadership in

seeking peace in Liberia; and

"(4) extends particularly praise to President Babangida of

Nigeria, President Houphouet-Boigny of Cote d'Ivoire, and

President Diouf of Senegal for their efforts to resolve this

conflict.

"(b) Authorization of Limited Assistance. - The President is

authorized to provide -

"(1) nonpartisan election and democracy-building assistance to

support democratic institutions in Liberia, and

"(2) assistance for the resettlement of refugees, the

demobilization and retraining of troops, and the provision of

other appropriate assistance:

Provided, That the President determines and so certifies to the

Committee on Foreign Relations and the Committee on Appropriations

of the Senate and the Committee on Foreign Affairs [now Committee

on International Relations] and the Committee on Appropriations of

the House of Representatives that Liberia has made significant

progress toward democratization and that the provision of such

assistance will assist that country in making further progress and

is otherwise in the national interest of the United States. A

separate determination and certification shall be required for each

fiscal year in which such assistance is to be provided."

SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES RELATING TO THE

PEOPLE'S REPUBLIC OF CHINA

Pub. L. 101-246, title IX, Sec. 902, Feb. 16, 1990, 104 Stat. 83,

as amended by Pub. L. 102-549, title II, Sec. 202(e), Oct. 28,

1992, 106 Stat. 3658, provided that:

"(a) Suspensions. -

"(1) Overseas private investment corporation. - The Overseas

Private Investment Corporation shall continue to suspend the

issuance of any new insurance, reinsurance, guarantees,

financing, or other financial support with respect to the

People's Republic of China, unless the President makes a report

under subsection (b)(1) or (2) of this section.

"(2) Trade and development agency. - The President shall

suspend the obligation of funds under the Foreign Assistance Act

of 1961 [see Short Title note above] for any new activities of

the Trade and Development Agency with respect to the People's

Republic of China, unless the President makes a report under

subsection (b)(1) or (2) of this section.

"(3) Munitions export licenses. - (A) The issuance of licenses

under section 38 of the Arms Export Control Act [22 U.S.C. 2778]

for the export to the People's Republic of China of any defense

article on the United States Munitions List, including

helicopters and helicopter parts, shall continue to be suspended,

subject to subparagraph (B), unless the President makes a report

under subsection (b)(1) or (2) of this section.

"(B) The suspension set forth in subparagraph (A) shall not

apply to systems and components designed specifically for

inclusion in civil products and controlled as defense articles

only for purposes of export to a controlled country, unless the

President determines that the intended recipient of such items is

the military or security forces of the People's Republic of

China.

"(4) Crime control and detection instruments and equipment. -

The issuance of any license under section 6(k) of the Export

Administration Act of 1979 [50 App. U.S.C. 2405(k)] for the

export to the People's Republic of China of any crime control or

detection instruments or equipment shall be suspended, unless the

President makes a report under subsection (b)(1) or (2) of this

section.

"(5) Export of satellites for launch by the people's republic

of china. - Exports of any satellite of United States origin that

is intended for launch from a launch vehicle owned by the

People's Republic of China shall remain suspended, unless the

President makes a report under subsection (b)(1) or (2) of this

section.

"(6) Nuclear cooperation with the people's republic of china. -

(A) Any -

"(i) application for a license under the Export

Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] for

the export to the People's Republic of China for use in a

nuclear production or utilization facility of any goods or

technology which, as determined under section 309(c) of the

Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)],

could be of significance for nuclear explosive purposes, or

which, in the judgment of the President, is likely to be

diverted for use in such a facility, for any nuclear explosive

device, or for research on or development of any nuclear

explosive device, shall be suspended,

"(ii) application for a license for the export to the

People's Republic of China of any nuclear material, facilities,

or components subject to the Agreement shall be suspended,

"(iii) approval for the transfer or retransfer to the

People's Republic of China of any nuclear material, facilities,

or components subject to the Agreement shall not be given, and

"(iv) specific authorization for assistance in any activities

with respect to the People's Republic of China relating to the

use of nuclear energy under section 57b.(2) of the Atomic

Energy Act of 1954 [42 U.S.C. 2077(b)(2)] shall not be given,

until the conditions specified in subparagraph (B) are met.

"(B) Subparagraph (A) applies until -

"(i) the President certifies to the Congress that the

People's Republic of China has provided clear and unequivocal

assurances to the United States that it is not assisting and

will not assist any nonnuclear-weapon state, either directly or

indirectly, in acquiring nuclear explosive devices or the

materials and components for such devices;

"(ii) the President makes the certifications and submits the

report required by Public Law 99-183 [Dec. 16, 1985, 99 Stat.

1174]; and

"(iii) the President makes a report under subsection (b)(1)

or (2) of this section.

"(C) For purposes of this paragraph, the term 'Agreement' means

the Agreement for Cooperation Between the Government of the

United States of America and the Government of the People's

Republic of China Concerning Peaceful Uses of Nuclear Energy

(done on July 23, 1985).

"(7) Liberalization of export controls. - (A) The President

shall negotiate with the governments participating in the group

known as the Coordinating Committee (COCOM) to suspend, on a

multilateral basis, any liberalization by the Coordinating

Committee of controls on exports of goods and technology to the

People's Republic of China under section 5 of the Export

Administration Act of 1979 [50 App. U.S.C. 2404], including -

"(i) the implementation of bulk licenses for exports to the

People's Republic of China; and

"(ii) the raising of the performance levels of goods or

technology below which no authority or permission to export to

the People's Republic of China would be required.

"(B) The President shall oppose any liberalization by the

Coordinating Committee of controls which is described in

subparagraph (A)(ii), until the end of the 6-month period

beginning on the date of enactment of this Act [Feb. 16, 1990] or

until the President makes a report under subsection (b)(1) or (2)

of this section, whichever occurs first.

"(b) Termination of Suspensions. - A report referred to in

subsection (a) is a report by the President to the Congress either

-

"(1) that the Government of the People's Republic of China has

made progress on a program of political reform throughout the

country, including Tibet, which includes -

"(A) lifting of martial law;

"(B) halting of executions and other reprisals against

individuals for the nonviolent expression of their political

beliefs;

"(C) release of political prisoners;

"(D) increased respect for internationally recognized human

rights, including freedom of expression, the press, assembly,

and association; and

"(E) permitting a freer flow of information, including an end

to the jamming of Voice of America and greater access for

foreign journalists; or

"(2) that it is in the national interest of the United States

to terminate a suspension under subsection (a)(1), (2), (3), (4),

or (5), to terminate a suspension or disapproval under subsection

(a)(6), or to terminate the opposition required by subsection

(a)(7), as the case may be.

"(c) Reporting Requirement. - Sixty days after the date of

enactment of this Act [Feb. 16, 1990], the President shall submit

to the Congress a report on -

"(1) any steps taken by the Government of China to achieve the

objectives described in subsection (b)(1);

"(2) the effect of multilateral sanctions on political and

economic developments in China and on China's international

economic relations;

"(3) the impact of the President's actions described in section

901(a)(9) [Pub. L. 101-246, title IX, Feb. 16, 1990, 104 Stat.

80] and of the suspensions under subsection (a) of this section

on -

"(A) political and economic developments in China;

"(B) the standard of living of the Chinese people;

"(C) relations between the United States and China; and

"(D) the actions taken by China to promote a settlement in

Cambodia which will ensure Cambodian independence, facilitate

an act of self-determination by the Cambodian people, and

prevent the Khmer Rouge from returning to exclusive power;

"(4) the status of programs and activities suspended under

subsection (a); and

"(5) the additional measures taken by the President under

section 901(c) if repression in China deepens."

[Certification of President under section 902(a)(6)(B)(i) of Pub.

L. 101-246, set out above, provided in Determination of President

of the United States, No. 98-10, Jan. 12, 1998, 63 F.R. 3447.]

LIMITATION ON ASSISTANCE TO PANAMANIAN DEFENSE FORCE

Pub. L. 100-456, div. A, title XIII, Sec. 1302, Sept. 29, 1988,

102 Stat. 2060, provided that:

"(a) Limitation. - The President may not use any funds

appropriated to or for the use of any department, agency, or other

entity of the United States for the purpose of providing assistance

to the Panamanian Defense Force. The limitation in the preceding

sentence shall cease to apply upon the submission by the President

to Congress of a certification by the President -

"(1) that no armed forces of the Soviet Union, the Republic of

Cuba, or the Republic of Nicaragua are present in the Republic of

Panama (other than military attache&233;s accredited to the

Republic of Panama); and

"(2) that General Manuel Noriega has relinquished command of

the Panamanian Defense Force and no longer holds any official

position of leadership (either military or civilian) in the

Republic of Panama.

"(b) Clarification. - Subsection (a) does not prohibit the

President from obligating or expending any funds necessary for -

"(1) the defense of the Panama Canal,

"(2) the collection of intelligence,

"(3) the maintenance of United States Armed Forces in the

Republic of Panama, or

"(4) the protection of United States interests in the Republic

of Panama.

"(c) Report. - Not later than 30 days after the date of the

enactment of this Act [Sept. 29, 1988], the President shall submit

to Congress a detailed report, in both classified and unclassified

form, indicating -

"(1) whether (and to what extent) military, paramilitary, or

intelligence personnel of the Soviet Union, Cuba, or Nicaragua

are present in the Republic of Panama; and

"(2) whether (and to what extent) the Panamanian Defense Force

has coordinated with, cooperated with, supported, or received

support from, any such personnel."

CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE PALESTINE

LIBERATION ORGANIZATION

Pub. L. 99-83, title XIII, Sec. 1302, Aug. 8, 1985, 99 Stat. 280,

as amended by Pub. L. 101-246, title I, Sec. 108, Feb. 16, 1990,

104 Stat. 21, provided that:

"(a) United States Policy. - The United States in 1975 declared

in a memorandum of agreement with Israel, and has reaffirmed since,

that 'The United States will continue to adhere to its present

policy with respect to the Palestine Liberation Organization,

whereby it will not recognize or negotiate with the Palestine

Liberation Organization so long as the Palestine Liberation

Organization does not recognize Israel's right to exist and does

not accept Security Council Resolutions 242 and 338.'.

"(b) Reaffirmation and Codification of Policy. - The United

States hereby reaffirms that policy. In accordance with that

policy, no officer or employee of the United States Government and

no agent or other individual acting on behalf of the United States

Government shall negotiate with the Palestine Liberation

Organization or any representatives thereof (except in emergency or

humanitarian situations) unless and until the Palestine Liberation

Organization recognizes Israel's right to exist, accepts United

Nations Security Council Resolutions 242 and 338, and renounces the

use of terrorism, except that no funds authorized to be

appropriated by this or any other Act may be obligated or made

available for the conduct of the current dialogue on the Middle

East peace process with any representative of the Palestine

Liberation Organization if the President knows and advises the

Congress that that representative directly participated in the

planning or execution of a particular terrorist activity which

resulted in the death or kidnapping of a United States citizen."

OBLIGATION OR EXPENDITURE OF FUNDS FOR PLANNING, ETC., MINING OF

THE PORTS OR TERRITORIAL WATERS OF NICARAGUA

Pub. L. 98-369, div. B, title IX, Sec. 2907, July 18, 1984, 98

Stat. 1210, provided that: "It is the sense of the Congress that no

funds heretofore or hereafter appropriated in any Act of Congress

shall be obligated or expended for the purpose of planning,

directing, executing, or supporting the mining of the ports or

territorial waters of Nicaragua."

PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE IN KAMPUCHEA

Pub. L. 98-164, title X, Sec. 1005, Nov. 22, 1983, 97 Stat. 1058,

provided that:

"(a) Notwithstanding any other provision of law, none of the

funds authorized to be appropriated by this Act or any other Act

may be obligated or expended for the purpose or with the effect of

promoting, sustaining, or augmenting, directly or indirectly, the

capacity of the Khmer Rouge or any of its members to conduct

military or paramilitary operations in Kampuchea or elsewhere in

Indochina.

"(b) All funds appropriated before the date of enactment of this

section [Nov. 22, 1983] which were obligated but not expended for

activities having the purpose or effect described in subsection (a)

shall be deobligated and shall be deposited in the Treasury of the

United States as miscellaneous receipts.

"(c) This section shall not be construed as limiting the

provision of food, medicine, or other humanitarian assistance to

the Kampuchean people."

TERMINATION OF NONRECURRING ACTIVITIES UNDER FOREIGN ASSISTANCE ACT

OF 1961 AND REMOVAL FROM LAW

Pub. L. 97-113, title VII, Sec. 734(c), Dec. 29, 1981, 95 Stat.

1561, provided that: "Except as otherwise explicitly provided by

their terms, amendments to the Foreign Assistance Act of 1961 [see

Short Title note above] and the Arms Export Control Act [see Short

Title note set out under section 2751 of this title] which are

applicable only to a single fiscal or calendar year or which

require reports or other actions on a nonrecurring basis shall be

deemed to have expired and shall be removed from law upon the

expiration of the applicable time periods for the fulfillment of

the required actions."

ASSISTANCE FOR PANAMA

Pub. L. 101-167, title V, Sec. 561, Nov. 21, 1989, 103 Stat.

1239, provided that:

"(a) Unless the President certifies to Congress that -

"(1) the Government of Panama has demonstrated substantial

progress in assuring civilian control of the armed forces and

that the Panama Defense Forces and its leaders have been removed

from nonmilitary activities and institutions;

"(2) an impartial investigation into allegations of illegal

actions by members of the Panama Defense Force is being

conducted;

"(3) a satisfactory agreement has been reached between the

governing authorities and representatives of the opposition

forces on conditions for free and fair elections; and

"(4) freedom of the press and other constitutional guarantees,

including due process of law, are being restored to the

Panamanian people;

then no United States assistance (including any such assistance

appropriated and previously obligated) shall be obligated or

expended for programs, projects, or activities which assist or lend

support for the Noriega regime, or ministries of government under

the control of the Noriega regime, or any successor regime that

does not meet the criteria specified in subsection (a) of this

section in this fiscal year and any fiscal year thereafter, and

none of the funds appropriated or otherwise made available in this

Act, or any other Act, shall be used to finance any participation

of the United States in joint military exercises conducted in

Panama during the fiscal year 1990.

"(b) It is the sense of the Congress that if the conditions

described in paragraphs (1) through (4) of subsection (a) have been

certified as having been met, then not only will United States

assistance be restored, but increased levels of such assistance

should be considered for Panama.

"(c) For purposes of this section, the term 'United States

assistance' means assistance of any kind which is provided by

grant, sale, loan, lease, credit, guaranty, or insurance, or by any

other means, by any agency or instrumentality of the United States

Government, including -

"(1) assistance under the Foreign Assistance Act of 1961 [see

Short Title note above] (including programs under title IV of

chapter 2 of part I of such Act [22 U.S.C. 2191 et seq.]);

"(2) sales, credits, and guarantees under the Arms Export

Control Act [see Short Title note set out under section 2751 of

this title];

"(3) sales under title I [7 U.S.C. 1701 et seq.] or III [7

U.S.C. 1727 et seq.] and donations under title II [7 U.S.C. 1721

et seq.] of the Agricultural Trade Development and Assistance Act

of 1954 of nonfood commodities;

"(4) other financing programs of the Commodity Credit

Corporation for export sales of nonfood commodities;

"(5) financing under the Export-Import Bank Act of 1945 [12

U.S.C. 635 et seq.]; and

"(6) assistance provided by the Central Intelligence Agency or

assistance provided by any other entity or component of the

United States Government if such assistance is carried out in

connection with, or for purposes of conducting, intelligence or

intelligence-related activities except that this shall not

include activities undertaken solely to collect necessary

intelligence;

except that the term 'United States assistance' does not include

(A) assistance under chapter 1 of part I of the Foreign Assistance

Act of 1961 [22 U.S.C. 2151 et seq.] insofar as such assistance is

provided through private and voluntary organizations or other

nongovernmental agencies, (B) assistance which involves the

donations of food or medicine, (C) disaster relief assistance

(including any assistance under chapter 9 of part I of the Foreign

Assistance Act of 1961 [22 U.S.C. 2292 et seq.]), (D) assistance

for refugees, (E) assistance under the Inter-American Foundation

Act [22 U.S.C. 290f], (F) assistance necessary for the purpose of

continuing participant training programs (including scholarships)

already being supported as of the date of any prohibition of

assistance otherwise applicable to Panama, or (G) assistance made

available for termination costs arising from the requirements of

this section.

"(d) The Secretary of the Treasury shall instruct the United

States Executive Directors to the International Financial

Institutions (the International Bank for Reconstruction and

Development, the International Finance Corporation, and the

Inter-American Development Bank) to vote against any loan to

Panama, unless the President has certified in advance that the

conditions set forth in subsection (a) of this section have been

met."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-461, title V, Sec. 564, Oct. 1, 1988, 102 Stat.

2268-40.

Pub. L. 100-202, Sec. 101(e) [title V, Sec. 570], Dec. 22, 1987,

101 Stat. 1329-131, 1329-174.

Pub. L. 96-92, Sec. 28, Oct. 29, 1979, 93 Stat. 711. [Repealed by

Pub. L. 97-113, title VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat.

1560.]

FINAL ACCOUNTING OF AMERICANS MISSING IN ACTION IN VIETNAM

Pub. L. 95-426, title VII, Sec. 705, Oct. 7, 1978, 92 Stat. 992,

as amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(2), Aug.

24, 1982, 96 Stat. 299, provided that: "The President shall

continue to take all possible steps to obtain a final accounting of

all Americans missing in action in Vietnam." Similar provisions

were contained in the following acts:

Pub. L. 95-105, title V, Sec. 505, Aug. 17, 1977, 91 Stat. 858,

as amended by Pub. L. 97-241, title V, Sec. 505(a)(3), (b)(2), Aug.

24, 1982, 96 Stat. 299.

Pub. L. 95-88, title I, Sec. 132, Aug. 3, 1977, 91 Stat. 544, as

amended by Pub. L. 97-113, title VII, Sec. 734(a)(6), Dec. 29,

1981, 95 Stat. 1560.

PLAN FOR INCREASED MINORITY BUSINESS PARTICIPATION IN FOREIGN

ASSISTANCE ACTIVITIES; MINORITY RESOURCE CENTER SECTION AS

IMPLEMENTING ADMINISTRATIVE UNIT; FUNCTIONS, DUTIES, ETC., OF

CENTER

Section 133 of Pub. L. 95-88, as amended by Pub. L. 96-53, title

I, Sec. 123, Aug. 14, 1979, 93 Stat. 366; Pub. L. 97-113, title

VII, Sec. 734(a)(6), Dec. 29, 1981, 95 Stat. 1560, provided that:

"(a) The Administrator of the agency primarily responsible for

administering part I of the Foreign Assistance Act of 1961 [this

subchapter] shall prepare and transmit to the Congress, not later

than 30 days after the date of enactment of this Act [Aug. 3,

1977], a detailed plan for the establishment of a section on

minority business within such agency.

"(b) Such plan shall include, but shall not be limited to -

"(1) a description of where the section on minority business

will be located in such agency's organizational structure and

what relevant lines of authority will be established;

"(2) a listing of the specific responsibilities that will be

assigned to the section on minority business to enable it to

increase, in a rational and effective manner, participation of

minority business enterprises in activities funded by such

agency;

"(3) a design for a time-phase system for bringing about

expanded minority business enterprise participation, including

specific recommendations for percentage allocations of contracts

by such agency to minority business enterprises;

"(4) a proposed reporting system that will permit objective

measuring of the degree of participation of minority business

enterprises in comparison to the total activities funded by such

agency;

"(5) a detailed projection of the administrative budgetary

impact of the establishment of the section on minority business;

and

"(6) a detailed set of objective criteria upon which

determinations will be made as to the qualifications of minority

business enterprises to receive contracts funded by such agency.

"(c)(1) Upon the enactment of the International Development

Cooperation Act of 1979 [Aug. 14, 1979], the section on minority

business established pursuant to subsection (a) shall be

redesignated as the Minority Resource Center (hereafter in this

section referred to as the 'Center') which shall be responsible for

increasing the participation of economically and socially

disadvantaged business enterprises in contract, procurement, grant,

and research and development activities funded by the agency

primarily responsible for administering part I of the Foreign

Assistance Act of 1961 [this subchapter] (hereafter in this section

referred to as the 'agency').

"(2) The Center shall -

"(A) establish, maintain, and disseminate information to, and

otherwise serve as an information clearinghouse for, economically

and socially disadvantaged business enterprises regarding

business opportunities in development assistance programs funded

by the agency;

"(B) design and conduct programs to encourage, promote, and

assist economically and socially disadvantaged business

enterprises to secure direct contracts, host country contracts,

operation expatriate contracts, indefinite quantity contracts,

subcontracts, projects, grants, and research and development

contracts in order for such enterprises to participate in such

development assistance programs;

"(C) conduct market research, planning, economic and business

analyses, and feasibility studies to identify business

opportunities in such development assistance programs;

"(D) develop support mechanisms which will enable socially and

economically disadvantaged businesses to take advantage of

business opportunities in such development assistance programs;

and

"(E) enter into such contracts (to such extent or in such

amounts as are provided in appropriation Acts), cooperative

agreements, or other transactions as may be necessary in the

conduct of its functions under this section.

"(3) The Administrator of the agency and the Secretary of State

shall provide the Center with such relevant information, including

procurement schedules, bids, and specifications with respect to

development assistance programs funded by the agency, as may be

requested by the Center in connection with the performance of its

functions under this section.

"(4) There shall be a Director of the Center who shall be the

chief executive officer of the Center. The Director shall be

appointed by the Administrator of the agency.

"(5)(A) For the purposes of this section, the term 'economically

and socially disadvantaged enterprise' means a business -

"(i) which is at least 51 percent owned by one or more socially

and economically disadvantaged individuals or, in the case of a

publicly owned business, at least 51 percent of the stock of

which is owned by one or more socially and economically

disadvantaged individuals; and

"(ii) whose management and daily business operations are

controlled by one or more such individuals.

"(B) Socially disadvantaged individuals are those who have been

subjected to racial or ethnic prejudice or cultural bias because of

their identity as a member of a group without regard to their

individual qualities.

"(C) Economically disadvantaged individuals are those socially

disadvantaged individuals whose ability to compete in the free

enterprise system has been impaired due to diminished capital and

credit opportunities as compared to others in the same business

area who are not socially disadvantaged. In determining the degree

of diminished credit and capital opportunities, the Administrator

of the agency shall consider, but not be limited to, the assets and

net worth of the socially disadvantaged individual.

"(6) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(6), Dec.

29, 1981, 95 Stat. 1560.]

"(7) Of the funds available to the agency for operating expenses,

up to $950,000 for fiscal year 1980 may be allocated to the Center

to carry out its functions under this section.

"(8) If the Administrator of the agency determines that such a

consolidation would significantly further the purposes of this

section and would eliminate unnecessary duplication of activity,

the Administrator may consolidate the Center with the Office of

Small and Disadvantaged Business Utilization established in the

agency by section 15(k) of the Small Business Act [section 644(k)

of Title 15, Commerce and Trade]. Any such consolidation shall

ensure that all the functions specified in paragraph (2) of this

subsection continue to be carried out. Before implementing any such

consolidation, the Administrator shall submit to the Congress a

detailed report setting forth the reasons for the proposed

consolidation."

[Amendment by Pub. L. 96-53 (adding subsec. (c) to section 133 of

Pub. L. 95-88) effective Aug. 14, 1979, see section 512(b) of Pub.

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

above.]

USE OF ACCRUED FOREIGN CURRENCIES

Section 40 of Pub. L. 93-189 provided that: "Effective July 1,

1974, no amount of any foreign currency (including principal and

interest from loan repayments) which accrues in connection with any

sale for foreign currency under any provision of law may be used

under any agreement entered into after the date of the enactment of

this Act [Dec. 17, 1973], or any revision or extension entered into

after such date of any prior or subsequent agreement, to provide

any assistance to any foreign country to procure equipment,

materials, facilities, or services for the common defense,

including internal security, unless such agreement is specifically

authorized by legislation enacted after such date."

RELIGIOUS FREEDOM AND PERSECUTION

Pub. L. 88-633, pt. V, Sec. 501, Oct. 7, 1964, 78 Stat. 1015,

provided that: "It is the sense of the Congress that the United

States deeply believes in the freedom of religion for all people

and is opposed to infringement of this freedom anywhere in the

world. The Congress condemns the persecution of any persons because

of their religion. It is further the sense of Congress that all

persons should be permitted the free exercise of religion and the

pursuit of their culture."

COMMUNIST REGIME IN CHINA

Pub. L. 91-194, title I, Sec. 105, Feb. 9, 1970, 84 Stat. 7,

related to Congressional opposition to the seating in the United

Nations of the Communist regime in China as the representative of

China, and requested the President, in the event of the seating of

representatives of the Chinese Communist regime in the Security

Council or the General Assembly of the United Nations, to inform

the Congress of the implications of the seating upon the foreign

policy of the United States. Similar provisions were contained in

the following prior acts:

Oct. 17, 1968, Pub. L. 90-581, title I, Sec. 105, 82 Stat. 1139.

Jan. 2, 1968, Pub. L. 90-249, title I, Sec. 105, 81 Stat. 938.

Oct. 15, 1966, Pub. L. 89-691, title I, Sec. 105, 80 Stat. 1020.

Oct. 20, 1965, Pub. L. 89-273, title I, Sec. 105, 79 Stat. 1003.

Oct. 7, 1964, Pub. L. 88-634, title I, Sec. 105, 78 Stat. 1017.

Jan. 6, 1964, Pub. L. 88-258, title I, Sec. 105, 77 Stat. 858.

Oct. 23, 1962, Pub. L. 87-872, title I, Sec. 105, 76 Stat. 1164.

Sept. 30, 1961, Pub. L. 87-329, title I, Sec. 107, 75 Stat. 718.

Sept. 2, 1960, Pub. L. 86-704, title I, Sec. 107, 74 Stat. 779.

Sept. 28, 1959, Pub. L. 86-383, title I, Sec. 112, 73 Stat. 720.

Aug. 28, 1958, Pub. L. 85-853, Sec. 105, 72 Stat. 1101.

Sept. 3, 1957, Pub. L. 85-279, Sec. 109, 71 Stat. 604.

July 31, 1956, ch. 803, Sec. 108, 70 Stat. 735.

July 8, 1955, ch. 301, Sec. 12, 69 Stat. 290 (repealed by Pub. L.

87-195, pt. III, Sec. 642(a)(3), Sept. 4, 1961, 75 Stat. 460).

-CROSS-

DEFINITIONS

Pub. L. 107-228, div. B, title X, Sec. 1002, Sept. 30, 2002, 116

Stat. 1425, provided that: "In this division [see Tables for

classification]:

"(1) Defense article. - The term 'defense article' has the

meaning given the term in section 47(3) of the Arms Export

Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).

"(2) Defense service. - The term 'defense service' has the

meaning given the term in section 47(4) of the Arms Export

Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).

"(3) Excess defense article. - The term 'excess defense

article' has the meaning given the term in section 644(g) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2403(g))."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151-1, 2151v, 2162,

2399c, 3502, 6593 of this title.

-End-

-CITE-

22 USC Sec. 2151-1 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. 2151-1. Development assistance policy

-STATUTE-

(a) Principal purpose of bilateral development assistance

The Congress finds that the efforts of developing countries to

build and maintain the social and economic institutions necessary

to achieve self-sustaining growth and to provide opportunities to

improve the quality of life for their people depend primarily upon

successfully marshalling their own economic and human resources.

The Congress recognizes that the magnitude of these efforts exceeds

the resources of developing countries and therefore accepts that

there will be a long-term need for wealthy countries to contribute

additional resources for development purposes. The United States

should take the lead in concert with other nations to mobilize such

resources from public and private sources.

Provision of development resources must be adapted to the needs

and capabilities of specific developing countries. United States

assistance to countries with low per capita incomes which have

limited access to private external resources should primarily be

provided on concessional terms. Assistance to other developing

countries should generally consist of programs which facilitate

their access to private capital markets, investment, and technical

skills, whether directly through guarantee or reimbursable programs

by the United States Government or indirectly through callable

capital provided to the international financial institutions.

Bilateral assistance and United States participation in

multilateral institutions shall emphasize programs in support of

countries which pursue development strategies designed to meet

basic human needs and achieve self-sustaining growth with equity.

The Congress declares that the principal purpose of United States

bilateral development assistance is to help the poor majority of

people in developing countries to participate in a process of

equitable growth through productive work and to influence decisions

that shape their lives, with the goal of increasing their incomes

and their access to public services which will enable them to

satisfy their basic needs and lead lives of decency, dignity, and

hope. Activities shall be emphasized that effectively involve the

poor in development by expanding their access to the economy

through services and institutions at the local level, increasing

their participation in the making of decisions that affect their

lives, increasing labor-intensive production and the use of

appropriate technology, expanding productive investment and

services out from major cities to small towns and rural areas, and

otherwise providing opportunities for the poor to improve their

lives through their own efforts. Participation of the United States

in multilateral institutions shall also place appropriate emphasis

on these principles.

(b) Form of assistance; principles governing assistance

Assistance under this part should be used not only for the

purpose of transferring financial resources to developing

countries, but also to help countries solve development problems in

accordance with a strategy that aims to insure wide participation

of the poor in the benefits of development on a sustained basis.

Moreover, assistance shall be provided in a prompt and effective

manner, using appropriate United States institutions for carrying

out this strategy. In order to achieve these objectives and the

broad objectives set forth in section 2151 of this title and in

subsection (a) of this section, bilateral development assistance

authorized by this chapter shall be carried out in accordance with

the following principles:

(1) Development is primarily the responsibility of the people

of the developing countries themselves. Assistance from the

United States shall be used in support of, rather than

substitution for, the self-help efforts that are essential to

successful development programs and shall be concentrated in

those countries that take positive steps to help themselves.

Maximum effort shall be made, in the administration of subchapter

I of this chapter, to stimulate the involvement of the people in

the development process through the encouragement of democratic

participation in private and local governmental activities and

institution building appropriate to the requirements of the

recipient countries.

(2) Development planning must be the responsibility of each

sovereign country. United States assistance should be

administered in a collaborative style to support the development

goals chosen by each country receiving assistance.

(3) United States bilateral development assistance should give

high priority to undertakings submitted by host governments which

directly improve the lives of the poorest of their people and

their capacity to participate in the development of their

countries, while also helping such governments enhance their

planning, technical, and administrative capabilities needed to

insure the success of such undertakings.

(4) Development assistance provided under this part shall be

concentrated in countries which will make the most effective use

of such assistance to help satisfy basic human needs of poor

people through equitable growth, especially in those countries

having the greatest need for outside assistance. In order to make

possible consistent and informed judgments in this respect, the

President shall assess the commitment and progress of countries

in moving toward the objectives and purposes of this part by

utilizing criteria, including but not limited to the following:

(A) increase in agricultural productivity per unit of land

through small-farm, labor-intensive agriculture;

(B) reduction of infant mortality;

(C) control of population growth;

(D) promotion of greater equality of income distribution,

including measures such as more progressive taxation and more

equitable returns to small farmers;

(E) reduction of rates of unemployment and underemployment;

(F) increase in literacy; and

(G) progress in combating corruption and improving

transparency and accountability in the public and private

sector.

(5) United States development assistance should focus on

critical problems in those functional sectors which affect the

lives of the majority of the people in the developing countries;

food production and nutrition; rural development and generation

of gainful employment; population planning and health;

environment and natural resources; education, development

administration, and human resource development; and energy

development and production.

(6) United States assistance shall encourage and promote the

participation of women in the national economies of developing

countries and the improvement of women's status as an important

means of promoting the total development effort.

(7) United States bilateral assistance shall recognize that the

prosperity of developing countries and effective development

efforts require the adoption of an overall strategy that promotes

the development, production, and efficient utilization of energy

and, therefore, consideration shall be given to the full

implications of such assistance on the price, availability, and

consumption of energy in recipient countries.

(8) United States cooperation in development should be carried

out to the maximum extent possible through the private sector,

including those institutions which already have ties in the

developing areas, such as educational institutions, cooperatives,

credit unions, free labor unions, and private and voluntary

agencies.

(9) To the maximum extent practicable, United States private

investment should be encouraged in economic and social

development programs to which the United States lends support.

(10) Assistance shall be planned and utilized to encourage

regional cooperation by developing countries in the solution of

common problems and the development of shared resources.

(11) Assistance efforts of the United States shall be planned

and furnished to the maximum extent practicable in coordination

and cooperation with assistance efforts of other countries,

including the planning and implementation of programs and

projects on a multilateral and multidonor basis.

(12) United States bilateral development assistance should be

concentrated on projects which do not involve large-scale capital

transfers. However, to the extent that such assistance does

involve large-scale capital transfers, it should be furnished in

association with contributions from other countries working

together in a multilateral framework.

(13) United States encouragement of policy reforms is necessary

if developing countries are to achieve economic growth with

equity.

(14) Development assistance should, as a fundamental objective,

promote private sector activity in open and competitive markets

in developing countries, recognizing such activity to be a

productive and efficient means of achieving equitable and long

term economic growth.

(15) United States cooperation in development should recognize

as essential the need of developing countries to have access to

appropriate technology in order to improve food and water, health

and housing, education and employment, and agriculture and

industry.

(16) United States assistance should focus on establishing and

upgrading the institutional capacities of developing countries in

order to promote long term development. An important component of

institution building involves training to expand the human

resource potential of people in developing countries.

(17) Economic reform and development of effective institutions

of democratic governance are mutually reinforcing. The successful

transition of a developing country is dependent upon the quality

of its economic and governance institutions. Rule of law,

mechanisms of accountability and transparency, security of

person, property, and investments, are but a few of the critical

governance and economic reforms that underpin the sustainability

of broad-based economic growth. Programs in support of such

reforms strengthen the capacity of people to hold their

governments accountable and to create economic opportunity.

(c) Worldwide cooperative effort to overcome aspects of absolute

poverty

The Congress, recognizing the desirability of overcoming the

worst aspects of absolute poverty by the end of this century by,

among other measures, substantially lowering infant mortality and

birth rates, and increasing life expectancy, food production,

literacy, and employment, encourages the President to explore with

other countries, through all appropriate channels, the feasibility

of a worldwide cooperative effort to overcome the worst aspects of

absolute poverty and to assure self-reliant growth in the

developing countries by the year 2000.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 102, as added Pub. L. 95-424, title I,

Sec. 101, Oct. 6, 1978, 92 Stat. 938; amended Pub. L. 96-53, title

I, Sec. 104(a), Aug. 14, 1979, 93 Stat. 360; Pub. L. 99-83, title

III, Sec. 301, Aug. 8, 1985, 99 Stat. 213; Pub. L. 106-309, title

II, Sec. 203(b), Oct. 17, 2000, 114 Stat. 1092.)

-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-

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

2000 - Subsec. (b)(4)(G). Pub. L. 106-309, Sec. 203(b)(1), added

subpar. (G).

Subsec. (b)(17). Pub. L. 106-309, Sec. 203(b)(2), added par.

(17).

1985 - Subsec. (b)(13) to (16). Pub. L. 99-83 added pars. (13) to

(16).

1979 - Subsec. (b)(5). Pub. L. 96-53, Sec. 104(a)(1), inserted

applicability to energy development and production.

Subsec. (b)(7). Pub. L. 96-53, Sec. 104(a)(2), inserted

applicability to promotion of development and production of energy.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1301 of Pub. L. 99-83 provided that: "Except as otherwise

provided in this Act, this Act [see Short Title of 1985 Amendment

note set out under section 2151 of this title] shall take effect on

October 1, 1985."

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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151u, 2151v, 2293, 3502

of this title.

-End-

-CITE-

22 USC Sec. 2151a 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. 2151a. Agricultural development in rural areas

-STATUTE-

(a) Authorization to President to furnish assistance;

appropriations

(1) In recognition of the fact that the great majority of the

people of developing countries live in rural areas and are

dependent on agriculture and agricultural-related pursuits for

their livelihood, the President is authorized to furnish

assistance, on such terms and conditions as he may determine, for

agriculture, rural development, and nutrition -

(A) to alleviate starvation, hunger, and malnutrition;

(B) to expand significantly the provision of basic services to

rural poor people to enhance their capacity for self-help; and

(C) to help create productive farm and off-farm employment in

rural areas to provide a more viable economic base and enhance

opportunities for improved incomes, living standards, and

contributions by rural poor people to the economic and social

development of their countries.

(2) There are authorized to be appropriated to the President for

purposes of this section, in addition to funds otherwise available

for such purposes, $760,000,000 for fiscal year 1986 and

$760,000,000 for fiscal year 1987. Of these amounts, the President

may use such amounts as he deems appropriate to carry out the

provisions of section 316 of the International Security and

Development Cooperation Act of 1980. Amounts appropriated under

this section are authorized to remain available until expended.

(3) Of the amounts authorized to be appropriated in paragraph (2)

for the fiscal year 1987, not less than $2,000,000 shall be

available only for the purpose of controlling and eradicating

amblyomma variegatum (heartwater) in bovine animals in the

Caribbean.

(b) Use of assistance primarily in aid of rural poor; multilateral

infrastructure projects; forestry projects

(1) Assistance provided under this section shall be used

primarily for activities which are specifically designed to

increase the productivity and income of the rural poor, through

such means as creation and strengthening of local institutions

linked to the regional and national levels; organization of a

system of financial institutions which provide both savings and

credit services to the poor; stimulation of small, labor-intensive

enterprises in rural towns; improvement of marketing facilities and

systems; expansion of rural infrastructure and utilities such as

farm-to-market roads, water management systems, land improvement,

energy, and storage facilities; establishment of more equitable and

more secure land tenure arrangements; and creation and

strengthening of systems to provide other services and supplies

needed by farmers, such as extension, research, training,

fertilizer, water, forestry, soil conservation, and improved seed,

in ways which assure access to them by small farmers.

(2) In circumstances where development of major infrastructure is

necessary to achieve the objectives set forth in this section,

assistance for that purpose should be furnished under this part in

association with significant contributions from other countries

working together in a multilateral framework. Infrastructure

projects so assisted should be complemented by other measures to

ensure that the benefits of the infrastructure reach the poor.

(3) The Congress recognizes that the accelerating loss of forests

and tree cover in developing countries undermines and offsets

efforts to improve agricultural production and nutrition and

otherwise to meet the basic human needs of the poor. Deforestation

results in increased flooding, reduction in water supply for

agricultural capacity, loss of firewood and needed wood products,

and loss of valuable plants and animals. In order to maintain and

increase forest resources, the President is authorized to provide

assistance under this section for forestry projects which are

essential to fulfill the fundamental purposes of this section.

Emphasis shall be given to community woodlots, agroforestry,

reforestation, protection of watershed forests, and more effective

forest management.

(c) Increased agricultural production in least developed countries

The Congress finds that the greatest potential for significantly

expanding availability of food for people in rural areas and

augmenting world food production at relatively low cost lies in

increasing the productivity of small farmers who constitute a

majority of the agricultural producers in developing countries.

Increasing the emphasis on rural development and expanded food

production in the poorest nations of the developing world is a

matter of social justice and a principal element contributing to

broadly based economic growth, as well as an important factor in

alleviating inflation in the industrialized countries. In the

allocation of funds under this section, special attention shall be

given to increasing agricultural production in countries which have

been designated as "least developed" by the United Nations General

Assembly.

(d) Coordination with population planning and health programs

Assistance provided under this section shall also be used in

coordination with programs carried out under section 2151b of this

title to help improve nutrition of the people of developing

countries through encouragement of increased production of crops

with greater nutritional value; improvement of planning, research,

and education with respect to nutrition, particularly with

reference to improvement and expanded use of indigenously produced

foodstuffs; and the undertaking of pilot or demonstration programs

explicitly addressing the problem of malnutrition of poor and

vulnerable people. In particular, the President is encouraged -

(1) to devise and carry out in partnership with developing

countries a strategy for programs of nutrition and health

improvement for mothers and children, including breast feeding;

and

(2) to provide technical, financial, and material support to

individuals or groups at the local level for such programs.

(e) Use of local currency proceeds from sales of commodities

Local currency proceeds from sales of commodities provided under

the Agricultural Trade Development and Assistance Act of 1954 [7

U.S.C. 1691 et seq.] which are owned by foreign governments shall

be used whenever practicable to carry out the provisions of this

section.

(f) National food security policies and programs; bilateral and

multilateral assistance

The Congress finds that the efforts of developing countries to

enhance their national food security deserves encouragement as a

matter of United States development assistance policy. Measures

complementary to assistance for expanding food production in

developing countries are needed to help assure that food becomes

increasingly available on a regular basis to the poor in such

countries. Therefore, United States bilateral assistance under this

chapter and the Agricultural Trade Development and Assistance Act

of 1954 [7 U.S.C. 1691 et seq.], and United States participation in

multilateral institutions, shall emphasize policies and programs

which assist developing countries to increase their national food

security by improving their food policies and management and by

strengthening national food reserves, with particular concern for

the needs of the poor, through measures encouraging domestic

production, building national food reserves, expanding available

storage facilities, reducing postharvest food losses, and improving

food distribution.

(g) International Fund for Agricultural Development; participation

and contributions; availability of appropriations

(1) In order to carry out the purposes of this section, the

President may continue United States participation in and may make

contributions to the International Fund for Agricultural

Development.

(2) Of the aggregate amount authorized to be appropriated to

carry out subchapter I of this chapter, up to $50,000,000 for

fiscal year 1986 and up to $50,000,000 for fiscal year 1987 may be

made available, by appropriation or by transfer, for United States

contributions to the second replenishment of the International Fund

for Agricultural Development.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 103, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93-559, Sec. 2,

Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94-161, title III, Sec. 302,

Dec. 20, 1975, 89 Stat. 856; Pub. L. 95-88, title I, Sec. 102, Aug.

3, 1977, 91 Stat. 534; Pub. L. 95-424, title I, Sec. 103(a), Oct.

6, 1978, 92 Stat. 943; Pub. L. 96-53, title I, Sec. 101, Aug. 14,

1979, 93 Stat. 359; Pub. L. 96-533, title III, Sec. 301, Dec. 16,

1980, 94 Stat. 3145; Pub. L. 97-113, title III, Sec. 301(a), (c),

Dec. 29, 1981, 95 Stat. 1531, 1532; Pub. L. 99-83, title III, Sec.

302, title X, Sec. 1001, Aug. 8, 1985, 99 Stat. 214, 270; Pub. L.

99-399, title XIII, Sec. 1304, Aug. 27, 1986, 100 Stat. 898.)

-REFTEXT-

REFERENCES IN TEXT

Section 316 of the International Security and Development

Cooperation Act of 1980, referred to in subsec. (a)(2), is section

316 of Pub. L. 96-533, title III, Dec. 16, 1980, 94 Stat. 3149, set

out as a note below.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsecs. (e) and (f), is act July 10, 1954, ch. 469,

68 Stat. 454, as amended, which is classified generally to chapter

41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete

classification of this Act to the Code, see Short Title note set

out under section 1691 of Title 7 and Tables.

This chapter, referred to in subsec. (f), 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

1986 - Subsec. (a)(3). Pub. L. 99-399 added par. (3).

1985 - Subsec. (a)(2). Pub. L. 99-83, Sec. 302, substituted

"$760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year

1987. Of these amounts, the President may use such amounts as he

deems appropriate to carry out the provisions of section 316 of the

International Security and Development Cooperation Act of 1980."

for "$700,000,000 for the fiscal year 1982 and $700,000,000 for the

fiscal year 1983, of which up to $1,000,000 for each such fiscal

year shall be available only to carry out section 316 of the

International Security and Development Cooperation Act of 1980."

Subsec. (g). Pub. L. 99-83, Sec. 1001, amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "In

order to carry out the purposes of this section, the President may

continue to participate in and may provide, on such terms and

conditions as he may determine, up to $180,000,000 to the

International Fund for Agricultural Development. There are

authorized to be appropriated to the President for the purposes of

this subsection $180,000,000, except that not more than $40,500,000

may be appropriated under this subsection for the fiscal year 1982.

Amounts appropriated under this subsection are authorized to remain

available until expended."

1981 - Subsec. (a)(2). Pub. L. 97-113, Sec. 301(a), substituted

"$700,000,000 for the fiscal year 1982 and $700,000,000 for the

fiscal year 1983, of which up to $1,000,000 for each such fiscal

year shall be available only to carry out section 316 of the

International Security and Development Cooperation Act of 1980" for

"$713,500,000 for the fiscal year 1981".

Subsec. (g). Pub. L. 97-113, Sec. 301(c), added subsec. (g).

1980 - Subsec. (a)(2). Pub. L. 96-533 substituted appropriations

authorization of $713,500,000 for fiscal year 1981 for such

authorization of $659,000,000 for fiscal year 1980.

1979 - Subsec. (a)(2). Pub. L. 96-53, Sec. 101(a), substituted

provisions authorizing appropriations of $659,000,000 for fiscal

year 1980, for provisions authorizing appropriations of

$665,213,000 for fiscal year 1979.

Subsec. (b)(3). Pub. L. 96-53, Sec. 101(b), added par. (3).

Subsec. (f). Pub. L. 96-53, Sec. 101(c), added subsec. (f).

1978 - Pub. L. 95-424 amended section generally, updating and

clarifying the purposes of assistance to more accurately reflect

the range of activities authorized by this section.

1977 - Subsec. (a). Pub. L. 95-88, Sec. 102(a), struck out

provisions authorizing appropriations of $291,000,000 for the

fiscal year 1974, $500,000,000 for the fiscal year 1975, and

$618,800,000 for the fiscal year 1976, and inserted provisions

authorizing the appropriation of $580,000,000 for the fiscal year

1978.

Subsec. (h). Pub. L. 95-88, Sec. 102(b), added subsec. (h).

1975 - Subsec. (a). Pub. L. 94-161, Sec. 302(1), authorized

appropriation of $618,800,000 and $745,000,000 for fiscal years

1976 and 1977, respectively.

Subsecs. (c) to (g). Pub. L. 94-161, Sec. 302(2), added subsecs.

(c) to (g).

1974 - Subsec. (a). Pub. L. 93-559, Sec. 2(1), (2), designated

existing provisions as subsec. (a) and increased appropriations

authorization for fiscal year 1975 to $500,000,000 from

$291,000,000.

Subsec. (b). Pub. L. 93-559, Sec. 2(3), 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.

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-

WORLD HUNGER

Section 316 of Pub. L. 96-533 provided:

"(a) In order to further the purposes of section 103 of the

Foreign Assistance Act of 1961 [this section], the Director of the

United States International Development Cooperation Agency shall

encourage the ongoing work of private and voluntary organizations

to deal with world hunger problems abroad. To this end, the

Director shall help facilitate widespread public discussion,

analysis, and review of the issues raised by the Report of the

Presidential Commission on World Hunger of March 1980, especially

the issues raised by the Commission's call for increased public

awareness of the political, economic, technical, and social factors

relating to hunger and poverty.

"(b) As a means of carrying out subsection (a), and to ensure the

effectiveness of private and voluntary organizations in dealing

with world hunger abroad, the Director is urged to provide

assistance to private and voluntary organizations engaged in

facilitating public discussion of hunger and other related issues."

[For abolition of United States International Development

Cooperation Agency (other than Agency for International Development

and Overseas Private Investment Corporation), transfer of

functions, and treatment of references thereto, see sections 6561,

6562, and 6571 of this title.]

REDUCTION OF POSTHARVEST LOSSES OF FOOD

Section 317 of Pub. L. 96-533 provided: "It is the sense of the

Congress that -

"(1) the President should reaffirm the policy of the United

States Government to support the goal established by the United

Nations General Assembly of reducing by 50 percent postharvest

losses of food in developing countries; and

"(2) the President, acting through the Agency for International

Development, should increase substantially the proportion of

funds made available under the Foreign Assistance Act of 1961

[see Short Title note set out under section 2151 of this title]

for the purpose of assisting, together with other donor countries

and with developing countries, in the reduction of postharvest

losses of food in developing countries."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151b, 2151d, 2151h,

2151p-1, 2151u, 2220a, 2220d, 2293, 3262 of this title.

-End-

-CITE-

22 USC Sec. 2151a-1 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. 2151a-1. Agricultural research

-STATUTE-

Agricultural research carried out under this chapter shall (1)

take account of the special needs of small farmers in the

determination of research priorities, (2) include research on the

interrelationships among technology, institutions, and economic,

social, environmental, and cultural factors affecting small-farm

agriculture, and (3) make extensive use of field testing to adapt

basic research to local conditions. Special emphasis shall be

placed on disseminating research results to the farms on which they

can be put to use, and especially on institutional and other

arrangements needed to assure that small farmers have effective

access to both new and existing improved technology.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 103A, as added Pub. L. 94-161, title

III, Sec. 303, Dec. 20, 1975, 89 Stat. 857; amended Pub. L. 95-424,

title I, Sec. 103(d), Oct. 6, 1978, 92 Stat. 945.)

-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-

AMENDMENTS

1978 - Pub. L. 95-424 inserted "environmental" after "social" in

cl. 2.

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 sections 2151f, 2151h, 2220a,

2293, 2346 of this title.

-End-

-CITE-

22 USC Sec. 2151b 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. 2151b. Population planning and health programs

-STATUTE-

(a) Congressional declaration of policy

The Congress recognizes that poor health conditions and

uncontrolled population growth can vitiate otherwise successful

development efforts.

Large families in developing countries are the result of complex

social and economic factors which change relatively slowly among

the poor majority least affected by economic progress, as well as

the result of a lack of effective birth control. Therefore,

effective family planning depends upon economic and social change

as well as the delivery of services and is often a matter of

political and religious sensitivity. While every country has the

right to determine its own policies with respect to population

growth, voluntary population planning programs can make a

substantial contribution to economic development, higher living

standards, and improved health and nutrition.

Good health conditions are a principal element in improved

quality of life and contribute to the individual's capacity to

participate in the development process, while poor health and

debilitating disease can limit productivity.

(b) Assistance for voluntary population planning

In order to increase the opportunities and motivation for family

planning and to reduce the rate of population growth, the President

is authorized to furnish assistance, on such terms and conditions

as he may determine, for voluntary population planning. In addition

to the provision of family planning information and services,

including also information and services which relate to and support

natural family planning methods, and the conduct of directly

relevant demographic research, population planning programs shall

emphasize motivation for small families.

(c) Assistance for health programs; special health needs of

children and mothers; Child Survival Fund; promotion of

immunization and oral rehydration; control of AIDS and

tuberculosis

(1) In order to contribute to improvements in the health of the

greatest number of poor people in developing countries, the

President is authorized to furnish assistance, on such terms and

conditions as he may determine, for health programs. Assistance

under this subsection shall be used primarily for basic integrated

health services, safe water and sanitation, disease prevention and

control, and related health planning and research. This assistance

shall emphasize self-sustaining community-based health programs by

means such as training of health auxiliary and other appropriate

personnel, support for the establishment and evaluation of projects

that can be replicated on a broader scale, measures to improve

management of health programs, and other services and supplies to

support health and disease prevention programs.

(2)(A) In carrying out the purposes of this subsection, the

President shall promote, encourage, and undertake activities

designed to deal directly with the special health needs of children

and mothers. Such activities should utilize simple, available

technologies which can significantly reduce childhood mortality,

such as improved and expanded immunization programs, oral

rehydration to combat diarrhoeal diseases, and education programs

aimed at improving nutrition and sanitation and at promoting child

spacing. In carrying out this paragraph, guidance shall be sought

from knowledgeable health professionals from outside the agency

primarily responsible for administering subchapter I of this

chapter. In addition to government-to-government programs,

activities pursuant to this paragraph should include support for

appropriate activities of the types described in this paragraph

which are carried out by international organizations (which may

include international organizations receiving funds under part III

of this subchapter) and by private and voluntary organizations, and

should include encouragement to other donors to support such types

of activities.

(B) In addition to amounts otherwise available for such purpose,

there are authorized to be appropriated to the President

$25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year

1987 for use in carrying out this paragraph. Amounts appropriated

under this subparagraph are authorized to remain available until

expended.

(C) Appropriations pursuant to subparagraph (B) may be referred

to as the "Child Survival Fund".

(3) The Congress recognizes that the promotion of primary health

care is a major objective of the foreign assistance program. The

Congress further recognizes that simple, relatively low cost means

already exist to reduce incidence of communicable diseases among

children, mothers, and infants. The promotion of vaccines for

immunization, and salts for oral rehydration, therefore, is an

essential feature of the health assistance program. To this end,

the Congress expects the agency primarily responsible for

administering subchapter I of this chapter to set as a goal the

protection of not less than 80 percent of all children, in those

countries in which such agency has established development

programs, from immunizable diseases by January 1, 1991. Of the

aggregate amounts made available for fiscal year 1987 to carry out

paragraph (2) of this subsection (relating to the Child Survival

Fund) and to carry out subsection (c) of this section (relating to

development assistance for health), $50,000,000 shall be used to

carry out this paragraph.

(4)(A) Congress recognizes the growing international dilemma of

children with the human immunodeficiency virus (HIV) and the merits

of intervention programs aimed at this problem. Congress further

recognizes that mother-to-child transmission prevention strategies

can serve as a major force for change in developing regions, and it

is, therefore, a major objective of the foreign assistance program

to control the acquired immune deficiency syndrome (AIDS) epidemic.

(B) The agency primarily responsible for administering subchapter

I of this chapter shall -

(i) coordinate with UNAIDS, UNICEF, WHO, national and local

governments, and other organizations to develop and implement

effective strategies to prevent vertical transmission of HIV; and

(ii) coordinate with those organizations to increase

intervention programs and introduce voluntary counseling and

testing, antiretroviral drugs, replacement feeding, and other

strategies.

(5)(A) Congress expects the agency primarily responsible for

administering subchapter I of this chapter to make the human

immunodeficiency virus (HIV) and the acquired immune deficiency

syndrome (AIDS) a priority in the foreign assistance program and to

undertake a comprehensive, coordinated effort to combat HIV and

AIDS.

(B) Assistance described in subparagraph (A) shall include help

providing -

(i) primary prevention and education;

(ii) voluntary testing and counseling;

(iii) medications to prevent the transmission of HIV from

mother to child; and

(iv) care for those living with HIV or AIDS.

(6)(A) In addition to amounts otherwise available for such

purpose, there is authorized to be appropriated to the President

$300,000,000 for each of the fiscal years 2001 and 2002 to carry

out paragraphs (4) and (5).

(B) Of the funds authorized to be appropriated under subparagraph

(A), not less than 65 percent is authorized to be available through

United States and foreign nongovernmental organizations, including

private and voluntary organizations, for-profit organizations,

religious affiliated organizations, educational institutions, and

research facilities.

(C)(i) Of the funds authorized to be appropriated by subparagraph

(A), not less than 20 percent is authorized to be available for

programs as part of a multidonor strategy to address the support

and education of orphans in sub-Saharan Africa, including AIDS

orphans.

(ii) Assistance made available under this subsection, and

assistance made available under part IV of subchapter II of this

chapter to carry out the purposes of this subsection, may be made

available notwithstanding any other provision of law that restricts

assistance to foreign countries.

(D) Of the funds authorized to be appropriated under subparagraph

(A), not less than 8.3 percent is authorized to be available to

carry out the prevention strategies for vertical transmission

referred to in paragraph (4)(A).

(E) Of the funds authorized to be appropriated by subparagraph

(A), not more than 7 percent may be used for the administrative

expenses of the agency primarily responsible for carrying out

subchapter I of this chapter in support of activities described in

paragraphs (4) and (5).

(F) Funds appropriated under this paragraph are authorized to

remain available until expended.

(7)(A) Congress recognizes the growing international problem of

tuberculosis and the impact its continued existence has on those

nations that had previously largely controlled the disease.

Congress further recognizes that the means exist to control and

treat tuberculosis, and that it is therefore a major objective of

the foreign assistance program to control the disease. To this end,

Congress expects the agency primarily responsible for administering

subchapter I of this chapter -

(i) to coordinate with the World Health Organization, the

Centers for Disease Control, the National Institutes of Health,

and other organizations toward the development and implementation

of a comprehensive tuberculosis control program; and

(ii) to set as a goal the detection of at least 70 percent of

the cases of infectious tuberculosis, and the cure of at least 85

percent of the cases detected, in those countries in which the

agency has established development programs, by December 31,

2010.

(B) There is authorized to be appropriated to the President,

$60,000,000 for each of the fiscal years 2001 and 2002 to be used

to carry out this paragraph. Funds appropriated under this

subparagraph are authorized to remain available until expended.

(d) Administration of assistance

(1) Assistance under this part shall be administered so as to

give particular attention to the interrelationship between (A)

population growth, and (B) development and overall improvement in

living standards in developing countries, and to the impact of all

programs, projects, and activities on population growth. All

appropriate activities proposed for financing under this part shall

be designed to build motivation for smaller families through

modification of economic and social conditions supportive of the

desire for large families, in programs such as education in and out

of school, nutrition, disease control, maternal and child health

services, improvements in the status and employment of women,

agricultural production, rural development, and assistance to the

urban poor, and through community-based development programs which

give recognition to people motivated to limit the size of their

families. Population planning programs shall be coordinated with

other programs aimed at reducing the infant mortality rate,

providing better nutrition for pregnant women and infants, and

raising the standard of living of the poor.

(2) Since the problems of malnutrition, disease, and rapid

population growth are closely related, planning for assistance to

be provided under subsections (b) and (c) of this section and under

section 2151a of this title shall be coordinated to the maximum

extent practicable.

(3) Assistance provided under this section shall emphasize

low-cost integrated delivery systems for health, nutrition, and

family planning for the poorest people, with particular attention

to the needs of mothers and young children, using paramedical and

auxiliary medical personnel, clinics and health posts, commercial

distribution systems, and other modes of community outreach.

(e) Research and analysis

(1) Health and population research and analysis carried out under

this chapter shall -

(A) be undertaken to the maximum extent practicable in

developing countries by developing country personnel, linked as

appropriate with private and governmental biomedical research

facilities within the United States;

(B) take account of the special needs of the poor people of

developing countries in the determination of research priorities;

and

(C) make extensive use of field testing to adapt basic research

to local conditions.

(2) The President is authorized to study the complex factors

affecting population growth in developing countries and to identify

factors which might motivate people to plan family size or to space

their children.

(f) Prohibition on use of funds for performance or research

respecting abortions or involuntary sterilization

(1) None of the funds made available to carry out subchapter I of

this chapter may be used to pay for the performance of abortions as

a method of family planning or to motivate or coerce any person to

practice abortions.

(2) None of the funds made available to carry out subchapter I of

this chapter may be used to pay for the performance of involuntary

sterilizations as a method of family planning or to coerce or

provide any financial incentive to any person to undergo

sterilizations.

(3) None of the funds made available to carry out subchapter I of

this chapter may be used to pay for any biomedical research which

relates, in whole or in part, to methods of, or the performance of,

abortions or involuntary sterilization as a means of family

planning.

(g) Authorization of appropriations

(1) There are authorized to be appropriated to the President, in

addition to funds otherwise available for such purposes -

(A) $290,000,000 for fiscal year 1986 and $290,000,000 for

fiscal year 1987 to carry out subsection (b) of this section; and

(B) $205,000,000 for fiscal year 1986 and $180,000,000 for

fiscal year 1987 to carry out subsection (c) of this section.

(2) Funds appropriated under this subsection are authorized to

remain available until expended.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 104, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93-559, Sec.

4(1), Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94-161, title III, Sec.

304, Dec. 20, 1975, 89 Stat. 857; Pub. L. 95-88, title I, Sec.

103(a)-(c), Aug. 3, 1977, 91 Stat. 534; Pub. L. 95-424, title I,

Sec. 104(a), Oct. 6, 1978, 92 Stat. 945; Pub. L. 96-53, title I,

Sec. 102, Aug. 14, 1979, 93 Stat. 360; Pub. L. 96-533, title III,

Sec. 302, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97-113, title III,

Sec. 302, Dec. 29, 1981, 95 Stat. 1532; 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, Secs. 303-305(a), Aug. 8, 1985, 99

Stat. 214; Pub. L. 99-529, title I, Sec. 103, title IV, Sec.

404(1), Oct. 24, 1986, 100 Stat. 3011, 3019; Pub. L. 106-264, title

I, Sec. 111(a), title II, Sec. 203, Aug. 19, 2000, 114 Stat. 751,

759.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (e)(1), 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.

-COD-

CODIFICATION

Amendment by Pub. L. 98-473 is based on section 303 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

2000 - Subsec. (c)(4) to (7). Pub. L. 106-264 added pars. (4) to

(7).

1986 - Subsec. (c)(2)(B). Pub. L. 99-529, Sec. 103(b),

substituted "$75,000,000 for fiscal year 1987" for "$25,000,000 for

fiscal year 1987".

Subsec. (c)(3). Pub. L. 99-529, Sec. 103(a), inserted provision

allocating $50,000,000 of the amounts available for fiscal year

1987 for carrying out par. (3).

Subsec. (g)(1)(B). Pub. L. 99-529, Sec. 404(1), substituted

"$180,000,000 for fiscal year 1987" for "$205,000,000 for fiscal

year 1987".

1985 - Subsec. (c)(2)(B). Pub. L. 99-83, Sec. 304, inserted

provisions authorizing specific appropriations for fiscal years

1986 and 1987.

Subsec. (c)(3). Pub. L. 99-83, Sec. 305(a), added par. (3).

Subsec. (g). Pub. L. 99-83, Sec. 303, in amending subsec. (g)

generally, substituted in par. (1) provision authorizing

appropriations of $290,000,000 and $205,000,000 to carry out

subsecs. (b) and (c), respectively, for fiscal years 1986 and 1987

for provisions authorizing $211,000,000 and $133,405,000 to carry

out such subsecs. for fiscal years 1982 and 1983, and in par. (2)

struck out provision that not less than 16 percent of available

subsec. (b) appropriations or $38,000,000, whichever amount is

less, be available in fiscal years 1982 an 1983 only for the United

Nations Fund for Population Activities.

1984 - Subsec. (c). Pub. L. 98-473 designated existing provisions

as par. (1) and added par. (2).

1981 - Subsec. (f)(3). Pub. L. 97-113, Sec. 302(b), added par.

(3).

Subsec. (g). Pub. L. 97-113, Sec. 302(a), substituted provision

authorizing appropriations of $211,000,000 and $133,405,000 to

carry out subsecs. (b) and (c) for fiscal years 1982 and 1983 for

provision authorizing $238,000,000 and $145,300,000 to carry out

such subsections for fiscal year 1981 and provision that not less

than 16 percent of available subsec. (b) appropriations or

$38,000,000, whichever amount is less, be available in fiscal years

1982 and 1983 only for the United Nations Fund for Population

Activities for provision making minimum of $3,000,000 available in

fiscal year 1981 only to support the World Health Organization's

Special Program of Research, Development and Research Training in

Human Reproduction.

1980 - Subsec. (b). Pub. L. 96-533, Sec. 302(a), made provision

for information and services relating to and supporting natural

family planning methods.

Subsec. (g). Pub. L. 96-533, Sec. 302(b), substituted in par. (1)

appropriations authorization of $238,000,000 for fiscal year 1981

for authorization of $201,000,000 for fiscal year 1980 and made

$3,000,000 available for World Health Organization's Special Human

Reproduction Program, and in par. (2) appropriations authorization

of $145,300,000 for fiscal year 1981 for authorization of

$141,000,000 for fiscal year 1980, which made $4,000,000 available

for development of John Sparkman Center for International Public

Health Education at University of Alabama at Birmingham.

1979 - Subsec. (d)(1). Pub. L. 96-53, Sec. 102(b), inserted

provisions respecting use of community-based development programs.

Subsec. (g)(1). Pub. L. 96-53, Sec. 102(a), substituted

provisions authorizing appropriations of $201,000,000 for fiscal

year 1980, for provisions authorizing appropriations of

$224,745,000 for fiscal year 1979.

Subsec. (g)(2). Pub. L. 96-53, Sec. 102(a), substituted

provisions authorizing appropriations of $141,000,000 for fiscal

year 1980, for provisions authorizing appropriations of

$148,494,000 for fiscal year 1979, and inserted provisions relating

to the Sparkman Center for International Public Health Education.

1978 - Pub. L. 95-424 amended section generally placing greater

emphasis on programs and efforts to change social and economic

conditions which produce high birth rates.

1977 - Subsec. (a). Pub. L. 95-88, Sec. 103(a), transferred to

subsec. (b) provisions covering the President's authority to

furnish assistance for health purpose and, in the provisions

covering population planning remaining in subsec. (a), struck out

provisions authorizing the appropriations of $145,000,000 for

fiscal year 1974, $165,000,000 for fiscal year 1975, $243,100,000

for fiscal year 1976, and $275,600,000 for fiscal year 1977, struck

out provisions requiring that not less than 67 percent of the funds

made available under this section be used for population planning,

and inserted provisions authorizing an appropriation of

$167,000,000 for fiscal year 1978.

Subsec. (b). Pub. L. 95-88, Sec. 103(a), added subsec. (b),

consisting of provisions transferred from subsec. (a) covering the

President's authority to furnish assistance for health purposes,

inserted references to disease prevention and environmental

sanitation, and inserted provisions authorizing an appropriation of

$107,700,000 for fiscal year 1978. Former subsec. (b) redesignated

(c).

Subsec. (c). Pub. L. 95-88, Sec. 103(b), redesignated former

subsec. (b) as (c).

Subsec. (d). Pub. L. 95-88, Sec. 103(c), added subsec. (d).

1975 - Subsec. (a). Pub. L. 94-161, Sec. 304(1)-(3), designated

existing provisions as subsec. (a), authorized appropriations of

$243,100,000 and $275,600,000 for fiscal years 1976 and 1977, and

prescribed minimum percentage (67) of funds available for any

fiscal year to be used for population planning, either in separate

programs or as an element of health programs.

Subsec. (b). Pub. L. 94-161, Sec. 304(4), added subsec. (b).

1974 - Pub. L. 93-559 increased appropriations authorization for

fiscal year 1975 to $165,000,000 from $145,000,000.

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.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 103(d) of Pub. L. 95-88 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall take effect on October 1, 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.

-MISC3-

FINDINGS

Pub. L. 106-264, title II, Sec. 202, Aug. 19, 2000, 114 Stat.

758, provided that: "Congress makes the following findings:

"(1) Since the development of antibiotics in the 1950s,

tuberculosis has been largely controlled in the United States and

the Western World.

"(2) Due to societal factors, including growing urban decay,

inadequate health care systems, persistent poverty, overcrowding,

and malnutrition, as well as medical factors, including the

HIV/AIDS epidemic and the emergence of multi-drug resistant

strains of tuberculosis, tuberculosis has again become a leading

and growing cause of adult deaths in the developing world.

"(3) According to the World Health Organization -

"(A) in 1998, about 1,860,000 people worldwide died of

tuberculosis-related illnesses;

"(B) one-third of the world's total population is infected

with tuberculosis; and

"(C) tuberculosis is the world's leading killer of women

between 15 and 44 years old and is a leading cause of children

becoming orphans.

"(4) Because of the ease of transmission of tuberculosis, its

international persistence and growth pose a direct public health

threat to those nations that had previously largely controlled

the disease. This is complicated in the United States by the

growth of the homeless population, the rate of incarceration,

international travel, immigration, and HIV/AIDS.

"(5) With nearly 40 percent of the tuberculosis cases in the

United States attributable to foreign-born persons, tuberculosis

will never be controlled in the United States until it is

controlled abroad.

"(6) The means exist to control tuberculosis through screening,

diagnosis, treatment, patient compliance, monitoring, and ongoing

review of outcomes.

"(7) Efforts to control tuberculosis are complicated by several

barriers, including -

"(A) the labor intensive and lengthy process involved in

screening, detecting, and treating the disease;

"(B) a lack of funding, trained personnel, and medicine in

virtually every nation with a high rate of the disease;

"(C) the unique circumstances in each country, which requires

the development and implementation of country-specific

programs; and

"(D) the risk of having a bad tuberculosis program, which is

worse than having no tuberculosis program because it would

significantly increase the risk of the development of more

widespread drug-resistant strains of the disease.

"(8) Eliminating the barriers to the international control of

tuberculosis through a well-structured, comprehensive, and

coordinated worldwide effort would be a significant step in

dealing with the increasing public health problem posed by the

disease."

PROGRESS REPORT ON IMPLEMENTATION OF IMMUNIZATION AND ORAL

REHYDRATION PROMOTION PROGRAMS

Section 305(b) of Pub. L. 99-83 provided that: "Each annual

report required by section 634 of the Foreign Assistance Act of

1961 [22 U.S.C. 2394] shall describe the progress achieved during

the preceding fiscal year in carrying out section 104(c)(3) of such

Act [22 U.S.C. 2151b(c)(3)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1727c, 1727e, 2151a,

2151d, 2151q, 2151u, 2293, 5453 of this title.

-End-

-CITE-

22 USC Sec. 2151b-1 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. 2151b-1. Assistance for malaria prevention, treatment,

control, and elimination

-STATUTE-

(a) Assistance

(1) In general

The Administrator of the United States Agency for International

Development, in coordination with the heads of other appropriate

Federal agencies and nongovernmental organizations, shall provide

assistance for the establishment and conduct of activities

designed to prevent, treat, control, and eliminate malaria in

countries with a high percentage of malaria cases.

(2) Consideration of interaction among epidemics

In providing assistance pursuant to paragraph (1), the

Administrator should consider the interaction among the epidemics

of HIV/AIDS, malaria, and tuberculosis.

(3) Dissemination of information requirement

Activities referred to in paragraph (1) shall include the

dissemination of information relating to the development of

vaccines and therapeutic agents for the prevention of malaria

(including information relating to participation in, and the

results of, clinical trials for such vaccines and agents

conducted by United States Government agencies) to appropriate

officials in such countries.

(b) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out subsection

(a) of this section $50,000,000 for each of the fiscal years 2001

and 2002.

(2) Availability

Amounts appropriated pursuant to the authorization of

appropriations under paragraph (1) are authorized to remain

available until expended.

-SOURCE-

(Pub. L. 106-570, title I, Sec. 103, Dec. 27, 2000, 114 Stat.

3039.)

-COD-

CODIFICATION

Section was enacted as part of the Assistance for International

Malaria Control Act and also as part of the International Malaria

Control Act of 2000, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-MISC1-

FINDINGS

Pub. L. 106-570, title I, Sec. 102, Dec. 27, 2000, 114 Stat.

3039, provided that: "Congress makes the following findings:

"(1) The World Health Organization estimates that there are

300,000,000 to 500,000,000 cases of malaria each year.

"(2) According to the World Health Organization, more than

1,000,000 persons are estimated to die due to malaria each year.

"(3) According to the National Institutes of Health, about 40

percent of the world's population is at risk of becoming

infected.

"(4) About half of those who die each year from malaria are

children under 9 years of age.

"(5) Malaria kills one child each 30 seconds.

"(6) Although malaria is a public health problem in more than

90 countries, more than 90 percent of all malaria cases are in

sub-Saharan Africa.

"(7) In addition to Africa, large areas of Central and South

America, Haiti and the Dominican Republic, the Indian

subcontinent, Southeast Asia, and the Middle East are high risk

malaria areas.

"(8) These high risk areas represent many of the world's

poorest nations.

"(9) Malaria is particularly dangerous during pregnancy. The

disease causes severe anemia and is a major factor contributing

to maternal deaths in malaria endemic regions.

"(10) 'Airport malaria', the importing of malaria by

international aircraft and other conveyances, is becoming more

common, and the United Kingdom reported 2,364 cases of malaria in

1997, all of them imported by travelers.

"(11) In the United States, of the 1,400 cases of malaria

reported to the Centers for Disease Control and Prevention in

1998, the vast majority were imported.

"(12) Between 1970 and 1997, the malaria infection rate in the

United States increased by about 40 percent.

"(13) Malaria is caused by a single-cell parasite that is

spread to humans by mosquitoes.

"(14) No vaccine is available and treatment is hampered by

development of drug-resistant parasites and insecticide-resistant

mosquitoes."

-End-

-CITE-

22 USC Sec. 2151c 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. 2151c. Education and human resources development

-STATUTE-

(a) General authority

In order to reduce illiteracy, to extend basic education and to

increase manpower training in skills related to development, the

President is authorized to furnish assistance on such terms and

conditions as he may determine, for education, public

administration, and human resource development. There are

authorized to be appropriated to the President for the purposes of

this section, in addition to funds otherwise available for such

purposes, $180,000,000 for fiscal year 1986 and $180,000,000 for

fiscal year 1987, which are authorized to remain available until

expended.

(b) Scope of assistance programs

Assistance provided under this section shall be used primarily to

expand and strengthen nonformal education methods, especially those

designed to improve productive skills of rural families and the

urban poor and to provide them with useful information; to increase

the relevance of formal education systems to the needs of the poor,

especially at the primary level, through reform of curricula,

teaching materials, and teaching methods, and improved teacher

training; and to strengthen the management capabilities of

institutions which enable the poor to participate in development.

Assistance under this section shall also be provided for advanced

education and training of people of developing countries in such

disciplines as are required for planning and implementation of

public and private development activities.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 105, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93-559, Sec. 5,

Dec. 30, 1974, 88 Stat. 1796; Pub. L. 94-161, title III, Sec. 305,

Dec. 20, 1975, 89 Stat. 858; Pub. L. 95-88, title I, Sec. 104, Aug.

3, 1977, 91 Stat. 535; Pub. L. 95-424, title I, Sec. 105, Oct. 6,

1978, 92 Stat. 947; Pub. L. 96-53, title I, Secs. 103, 122, Aug.

14, 1979, 93 Stat. 360, 366; Pub. L. 96-533, title III, Sec. 303,

Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97-113, title III, Sec. 303,

Dec. 29, 1981, 95 Stat. 1532; Pub. L. 99-83, title III, Sec. 306,

title XII, Sec. 1211(a)(1), Aug. 8, 1985, 99 Stat. 215, 279; Pub.

L. 99-440, title II, Sec. 201(a), Oct. 2, 1986, 100 Stat. 1094;

Pub. L. 99-631, Sec. 1(b)(1), Nov. 7, 1986, 100 Stat. 3519; Pub. L.

101-513, title V, Sec. 562(d)(1), Nov. 5, 1990, 104 Stat. 2031.)

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-513 struck out par. (1)

designation and par. (2) which authorized use of appropriations to

finance education and training for victims of apartheid, for

scholarships for students pursuing secondary school education in

South Africa, and to provide in-service teacher training programs

in South Africa.

1986 - Subsec. (b). Pub. L. 99-440, Sec. 201(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (b)(2)(C)(i). Pub. L. 99-631 substituted "in-service" for

"inservice".

1985 - Subsec. (a). Pub. L. 99-83, Sec. 306, substituted "for the

purposes of this section, in addition to funds otherwise available

for such purposes, $180,000,000 for fiscal year 1986 and

$180,000,000 for fiscal year 1987" for "for purposes of this

section, in addition to funds otherwise available for such

purposes, $103,600,000 for the fiscal year 1982 and $103,600,000

for the fiscal year 1983".

Pub. L. 99-83, Sec. 1211(a)(1), struck out provisions relating to

scholarships for South African students for fiscal years 1982 and

1983.

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

authorizations of $103,600,000 for fiscal years 1982 and 1983 for

such authorization of $101,000,000 for fiscal year 1981 and

inserted provision for financing of South African scholarships for

education in the United States.

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

authorization of $101,000,000 for fiscal year 1981 for such

authorization of $105,000,000 for fiscal year 1980.

1979 - Subsec. (a). Pub. L. 96-53, Sec. 103(a), substituted

provisions authorizing appropriations of $105,000,000 for fiscal

year 1980, for provisions authorizing appropriations of

$109,036,000 for fiscal year 1979.

Subsec. (b). Pub. L. 96-53, Sec. 103(b), inserted provisions

relating to assistance for advanced education and training.

Subsec. (c). Pub. L. 96-53, Sec. 122, struck out subsec. (c)

which authorized availability of appropriations for fiscal years

1977, and 1978 for educational assistance for southern Africa.

1978 - Subsec. (a). Pub. L. 95-424 substituted "$109,036,000 for

the fiscal year 1979, which amount is" for "$101,800,000 for the

fiscal year 1977 and $84,900,000 for the fiscal year 1978, which

amounts are".

1977 - Subsec. (a). Pub. L. 95-88, Sec. 104(a), struck out

provisions authorizing appropriations of $90,000,000 for fiscal

year 1974, $92,000,000 for fiscal year 1975, and $89,200,000 for

fiscal year 1976, and inserted provisions authorizing an

appropriation of $84,900,000 for fiscal year 1978.

Subsec. (c). Pub. L. 95-88, Sec. 104(b), inserted "for the fiscal

year 1977, and not less than $1,647,000 shall be available for the

fiscal year 1978," after "shall be available".

1975 - Subsec. (a). Pub. L. 94-161, Sec. 305(a)(1), (2),

designated existing provisions as subsec. (a) and authorized

appropriation of $89,200,000 and $101,800,000 for fiscal years 1976

and 1977, respectively.

Subsecs. (b), (c), Pub. L. 94-161, Sec. 305(a)(3), added subsecs.

(b) and (c).

1974 - Pub. L. 93-559 increased appropriations authorization for

fiscal year 1975 to $92,000,000 from $90,000,000.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1(c) of Pub. L. 99-631 provided that: "The amendments

made by subsections (a) and (b) [amending this section and sections

2151n, 2346d, 5001, 5012 to 5016, 5019, 5034, 5035, 5039, 5053,

5056, 5059, 5062 to 5064, 5067 to 5072, 5081, 5082, 5091, 5092,

5095, 5100, 5101, and 5112 of this title] shall be deemed to have

taken effect upon the enactment of the Comprehensive Anti-Apartheid

Act of 1986 [Oct. 2, 1986]."

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 2151d, 2151h, 2151u, 2293

of this title.

-End-

-CITE-

22 USC Sec. 2151d 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. 2151d. Development of indigenous energy resources

-STATUTE-

(a) Congressional statement of findings

(1)(A) The Congress finds that energy development and production

are vital elements in the development process, that energy

shortages in developing countries severely limit the development

process in such countries, that two-thirds of the developing

countries which import oil depend on it for at least 90 percent of

the energy which their economies require, and that the dramatic

increase in world oil prices since 1973 has resulted in

considerable economic hardship for many developing countries. The

Congress is concerned that the value and purpose of much of the

assistance provided to developing countries under sections 2151a,

2151b, and 2151c of this title are undermined by the inability of

many developing countries to satisfy their energy requirements.

Unless the energy deficit of the developing countries can be

narrowed by more fully exploiting indigenous sources of energy such

as oil, natural gas, and coal, scarce foreign exchange will

increasingly have to be diverted to oil imports, primarily to the

detriment of long-term development and economic growth.

(B) The Congress recognizes that many developing countries lack

access to the financial resources and technology necessary to

locate, explore, and develop indigenous energy resources.

(C) The Congress declares that there is potential for at least a

moderate increase by 1990 in the production of energy for

commercial use in the developing countries which are not members of

the Organization of Petroleum Exporting Countries. In addition,

there is a compelling need for vigorous efforts to improve the

available data on the location, scale, and commercial

exploitability of potential oil, natural gas, and coal reserves in

developing countries, especially those which are not members of the

Organization of Petroleum Exporting Countries. The Congress further

declares that there are many benefits to be gained by the

developing countries and by the United States and other developed

countries through expanded efforts to expedite the location,

exploration, and development of potential sources of energy in

developing countries. These benefits include, but are not limited

to, the following:

(i) The world's energy supply would be increased and the fear

of abrupt depletion would be lessened with new energy production.

This could have a positive impact upon energy prices in

international markets as well as a positive effect upon the

balance of payments problems of many developing countries.

(ii) Diversification of the world's supplies of energy from

fossil fuels would make all countries, developing and developed,

less susceptible to supply interruptions and arbitrary production

and pricing policies.

(iii) Even a moderate increase in energy production in the

developing countries would improve their ability to expand

commercial trade, foreign investment, and technology transfer

possibilities with the United States and other developed

countries.

(D) Assistance for the production of energy from indigenous

resources, as authorized by subsection (b) of this section, would

be of direct benefit to the poor in developing countries because of

the overwhelming impact of imported energy costs upon the lives of

the poor and their ability to participate in development.

(2) The Congress also finds that energy production from

renewable, decentralized sources and energy conservation are vital

elements in the development process. Inadequate access by the poor

to energy sources as well as the prospect of depleted fossil fuel

reserves and higher energy prices require an enhanced effort to

expand the energy resources of developing countries through greater

emphasis on renewable sources. Renewable and decentralized energy

technologies have particular applicability for the poor, especially

in rural areas.

(b) General assistance authority; cooperative programs in energy

production and conservation; program goals

(1) In order to help developing countries alleviate their energy

problems by improving their ability to use indigenous energy

resources to produce the energy needed by their economies, the

President is authorized to furnish assistance, on such terms and

conditions as he may determine, to enable such countries to prepare

for and undertake development of their energy resources. Such

assistance may include data collection and analysis, the training

of skilled personnel, research on and development of suitable

energy sources, and pilot projects to test new methods of energy

production.

(2) The President is authorized to furnish assistance under this

part for cooperative programs with developing countries in energy

production and conservation, through research on and development

and use of small-scale, decentralized, renewable energy sources for

rural areas carried out as integral parts of rural development

efforts in accordance with section 2151a of this title. Such

programs shall also be directed toward the earliest practicable

development and use of energy technologies which are

environmentally acceptable, require minimum capital investment, are

most acceptable to and affordable by the people using them, are

simple and inexpensive to use and maintain, and are transferable

from one region of the world to another. Such programs may include

research on and the development, demonstration, and application of

suitable energy technologies (including use of wood); analysis of

energy uses, needs, and resources; training and institutional

development; and scientific interchange.

(c) Administrative coordination of planning and implementation of

programs

The agency primarily responsible for administering subchapter I

of this chapter and the Department of Energy shall coordinate with

one another, to the maximum extent possible, the planning and

implementation of energy programs under this part.

(d) Assistance for programs of technical cooperation and

development, research, etc.

The President is authorized to furnish assistance, on such terms

and conditions as he may determine, for the following activities,

to the extent that such activities are not authorized by sections

2151a, 2151b, and 2151c of this title:

(1) programs of technical cooperation and development,

particularly the development efforts of United States private and

voluntary agencies and regional and international development

organizations;

(2) programs of research into, and evaluation of, the process

of economic development in less developed countries and areas,

into the factors affecting the relative success and costs of

development activities, and into the means, techniques, and such

other aspects of development assistance as the President may

determine in order to render such assistance of increasing value

and benefit;

(3) programs of reconstruction following natural or manmade

disasters and programs of disaster preparedness, including the

prediction of and contingency planning for natural disasters

abroad;

(4) programs designed to help solve special development

problems in the poorest countries and to make possible proper

utilization of infrastructure and related projects funded with

earlier United States assistance; and

(5) programs of urban development, with particular emphasis on

small, labor intensive enterprises, marketing systems for small

producers, and financial and other institutions which enable the

urban poor to participate in the economic and social development

of their country.

(e) Authorization of appropriations

(1) There are authorized to be appropriated to the President for

purposes of this section, in addition to funds otherwise available

for such purposes, $207,000,000 for fiscal year 1986 and

$207,000,000 for fiscal year 1987.

(2) Amounts appropriated under this section are authorized to

remain available until expended.

(f) Financing cooperative projects among United States, Israel, and

developing countries

Of the amounts authorized to be appropriated to carry out this

part, $5,000,000 for fiscal year 1986 and $5,000,000 for fiscal

year 1987 shall be used to finance cooperative projects among the

United States, Israel, and developing countries.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 106, as added Pub. L. 94-161, title

III, Sec. 306(2), Dec. 20, 1975, 89 Stat. 858; amended Pub. L.

95-88, title I, Sec. 105, Aug. 3, 1977, 91 Stat. 535; Pub. L.

95-424, title I, Sec. 106, Oct. 6, 1978, 92 Stat. 947; Pub. L.

96-53, title I, Secs. 104(b), 105, Aug. 14, 1979, 93 Stat. 360,

362; Pub. L. 96-533, title III, Sec. 304(b)-(f), Dec. 16, 1980, 94

Stat. 3146; Pub. L. 97-113, title III, Sec. 304, Dec. 29, 1981, 95

Stat. 1533; Pub. L. 99-83, title III, Sec. 307, title XII, Sec.

1211(a)(2), Aug. 8, 1985, 99 Stat. 215, 279.)

-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 2151d, Pub. L. 87-195, pt. I, Sec. 106, as added

Pub. L. 93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 715, authorized

additional appropriations of $53,000,000 for fiscal years 1974, and

1975, for assistance to solve selected development problems in such

fields as transportation, power, industry, urban development, and

export development, prior to repeal by section 306(1) of Pub. L.

94-161.

AMENDMENTS

1985 - Subsec. (b)(1). Pub. L. 99-83, Sec. 1211(a)(2), struck out

par. (A) designation, and struck out par. (B) which related to use

of funds in fiscal year 1981 for geological and geophysical survey

work.

Subsec. (e)(1). Pub. L. 99-83, Sec. 307(a), amended par. (1)

generally, substituting provisions authorizing appropriations of

$207,000,000 for fiscal years 1986 and 1987 for provisions

authorizing appropriations of $147,200,000 for fiscal years 1982

and 1983.

Subsec. (f). Pub. L. 99-83, Sec. 307(b), added subsec. (f).

1981 - Subsec. (d)(3). Pub. L. 97-113, Sec. 304(a), authorized

assistance for programs of disaster preparedness, including the

prediction of and contingency planning for natural disasters

abroad.

Subsec. (e)(1). Pub. L. 97-113, Sec. 304(b), substituted

appropriations of $147,200,000 for fiscal years 1982 and 1983, for

appropriations of $140,000,000 for fiscal year 1981.

1980 - Subsec. (a). Pub. L. 96-533, Sec. 304(b), designated

existing provisions as subpar. (1)(A), substituted subpar. (B),

(C), and (D) for par. (2), (3), and (4) designations, substituted

in subpar. (C), cl. (i), (ii), and (iii) for (A), (B), and (C)

designations, and added par. (2).

Subsec. (b). Pub. L. 96-533, Sec. 304(c), (d), designated

existing provisions as subpar. (1)(A), substituted subpar. (B) for

par. (2) designation, substituted in subpar. (1)(B) "fiscal year

1981 shall be used for purposes of subparagraph (A)" for "fiscal

year 1980 shall be used for purposes of paragraph (1)" and added

par. (2).

Subsecs. (c) to (e). Pub. L. 96-533, Sec. 304(d)-(f), added

subsec. (c), redesignated former subsecs. (c) and (d) as (d) and

(e), respectively, and in subsec. (e) designated text as pars. (1)

and (2), and in par. (1) as so designated, substituted

appropriations authorization of "$140,000,000 for the fiscal year

1981" for such appropriation of "$125,000,000 for the fiscal year

1980".

1979 - Subsecs. (a), (b). Pub. L. 96-53, Sec. 104(b)(2), (3),

added subsecs. (a) and (b). Former subsecs. (a) and (b)

redesignated (c) and (d), respectively.

Subsec. (c). Pub. L. 96-53, Sec. 104(b)(1), (2), redesignated

former subsec. (a) as (c), struck out par. (2), relating to

programs to increase energy production and conservation, and

redesignated pars. (3) to (6) as (2) to (5), respectively.

Subsec. (d). Pub. L. 96-53, Secs. 104(b)(2), 105, redesignated

former subsec. (b) as (d) and substituted provisions authorizing

appropriations for fiscal year 1980 of $125,000,000, for provisions

authorizing appropriations for fiscal year 1979 of $126,244,000,

and setting forth requirements for appropriations available to

private voluntary agencies of the United States.

1978 - Subsec. (b). Pub. L. 95-424 substituted "$126,244,000 for

the fiscal year 1979, which amount is" for "$104,500,000 for the

fiscal year 1977 and $105,000,000 for the fiscal year 1978, which

amounts are".

1977 - Subsec. (b). Pub. L. 95-88 struck out provisions

authorizing an appropriation of $99,550,000 for fiscal year 1976

and inserted provisions authorizing an appropriation of

$105,000,000 for fiscal year 1978.

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 2151u, 2293, 3262 of this

title.

-End-

-CITE-

22 USC Sec. 2151e 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. 2151e. Appropriate technology

-STATUTE-

(a) In carrying out activities under this part, the President

shall place special emphasis on the use of relatively smaller,

cost-saving, labor-using technologies that are generally most

appropriate for the small farms, small businesses, and small

incomes of the poor.

(b) Funds made available to carry out this part should be used to

the extent practicable for activities in the field of appropriate

technology, including support of an expanded and coordinated

private effort to promote the development and dissemination of

appropriate technology in developing countries.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 107, as added Pub. L. 94-161, title

III, Sec. 306(2), Dec. 20, 1975, 89 Stat. 859; amended Pub. L.

95-424, title I, Sec. 107, Oct. 6, 1978, 92 Stat. 947.)

-MISC1-

PRIOR PROVISIONS

A prior section 2151e, Pub. L. 87-195, pt. I, Sec. 107, as added

Pub. L. 93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 715, authorized

additional appropriations of $39,000,000 for fiscal years 1974, and

1975, for assistance to select countries and organizations in

support of general economy of recipient countries as for

development programs conducted by private international

organizations, prior to repeal by section 306(1) of Pub. L. 94-161.

See section 2151d of this title.

AMENDMENTS

1978 - Pub. L. 95-424 designated existing provisions as subsec.

(a), substituted provisions mandating that the President place

special emphasis on the use of relatively smaller, cost-saving,

labor-using technologies generally more appropriate for small

farms, small businesses and small incomes of the poor, for

provisions authorizing the use of $20,000,000 for activities in the

field of intermediate technology, directing the Agency for

International Development to prepare a proposal to carry out this

section and to keep Congress informed, and to implement such

proposal, and added subsec. (b).

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. 2151f 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. 2151f. Micro- and small enterprise development credits

-STATUTE-

(a) Findings and policy

Congress finds and declares that -

(1) the development of micro- and small enterprises is a vital

factor in the stable growth of developing countries and in the

development and stability of a free, open, and equitable

international economic system; and

(2) it is, therefore, in the best interests of the United

States to assist the development of the enterprises of the poor

in developing countries and to engage the United States private

sector in that process.

(b) Program

To carry out the policy set forth in subsection (a) of this

section, the President is authorized to provide assistance to

increase the availability of credit to micro- and small enterprises

lacking full access to credit, including through -

(1) loans and guarantees to credit institutions for the purpose

of expanding the availability of credit to micro- and small

enterprises;

(2) training programs for lenders in order to enable them to

better meet the credit needs of microentrepreneurs; and

(3) training programs for microentrepreneurs in order to enable

them to make better use of credit and to better manage their

enterprises.

(c) Eligibility criteria

The Administrator of the agency primarily responsible for

administering subchapter I of this chapter shall establish criteria

for determining which credit institutions described in subsection

(b)(1) of this section are eligible to carry out activities, with

respect to micro- and small enterprises, assisted under this

section. Such criteria may include the following:

(1) The extent to which the recipients of credit from the

entity do not have access to the local formal financial sector.

(2) The extent to which the recipients of credit from the

entity are among the poorest people in the country.

(3) The extent to which the entity is oriented toward working

directly with poor women.

(4) The extent to which the entity recovers its cost of

lending.

(5) The extent to which the entity implements a plan to become

financially sustainable.

(d) Additional requirement

Assistance provided under this section may only be used to

support micro- and small enterprise programs and may not be used to

support programs not directly related to the purposes described in

subsection (b) of this section.

(e) Procurement provision

Assistance may be provided under this section without regard to

section 2354(a) of this title.

(f) Availability of funds

(1) In general

Of the amounts authorized to be available to carry out section

2152a of this title, there are authorized to be available

$1,500,000 for each of fiscal years 2001 and 2002 to carry out

this section.

(2) Coverage of subsidy costs

Amounts authorized to be available under paragraph (1) shall be

made available to cover the subsidy cost, as defined in section

661a(5) of title 2, for activities under this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 108, as added Pub. L. 98-151, Sec.

101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 99-83,

title III, Sec. 308, Aug. 8, 1985, 99 Stat. 215; Pub. L. 100-418,

title II, Sec. 2211, Aug. 23, 1988, 102 Stat. 1335; Pub. L.

106-309, title I, Sec. 106, Oct. 17, 2000, 114 Stat. 1085.)

-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

Section 108 of Pub. L. 87-195 is based on section 407 of title IV

of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and

enacted into law by Pub. L. 98-151.

-MISC2-

PRIOR PROVISIONS

A prior section 2151f, Pub. L. 87-195, pt. I, Sec. 108, as added

Pub. L. 93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 715, related to

application of subpart I, II, or X of part II of this subchapter to

assistance under this part, prior to repeal by Pub. L. 95-424,

title I, Sec. 102(g)(2)(K)(i), Oct. 6, 1978, 92 Stat. 943, eff.

Oct. 1, 1978.

AMENDMENTS

2000 - Pub. L. 106-309 amended section catchline and text

generally, substituting provisions promoting micro- and small

enterprise development credits for provisions relating to the

establishment, funding and uses of a private sector revolving fund

to aid developing countries.

1988 - Subsec. (i). Pub. L. 100-418 added subsec. (i).

1985 - Subsec. (b). Pub. L. 99-83 substituted "each of the fiscal

years 1986 and 1987, up to $18,000,000" for "fiscal year 1984, up

to $20,000,000".

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.

-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-

FINDINGS AND DECLARATIONS OF POLICY OF 2000 AMENDMENT

Pub. L. 106-309, title I, Sec. 102, Oct. 17, 2000, 114 Stat.

1079, provided that: "Congress makes the following findings and

declarations:

"(1) According to the World Bank, more than 1,200,000,000

people in the developing world, or one-fifth of the world's

population, subsist on less than $1 a day.

"(2) Over 32,000 of their children die each day from largely

preventable malnutrition and disease.

"(3)(A) Women in poverty generally have larger work loads and

less access to educational and economic opportunities than their

male counterparts.

"(B) Directly aiding the poorest of the poor, especially women,

in the developing world has a positive effect not only on family

incomes, but also on child nutrition, health and education, as

women in particular reinvest income in their families.

"(4)(A) The poor in the developing world, particularly women,

generally lack stable employment and social safety nets.

"(B) Many turn to self-employment to generate a substantial

portion of their livelihood. In Africa, over 80 percent of

employment is generated in the informal sector of the

self-employed poor.

"(C) These poor entrepreneurs are often trapped in poverty

because they cannot obtain credit at reasonable rates to build

their asset base or expand their otherwise viable self-employment

activities.

"(D) Many of the poor are forced to pay interest rates as high

as 10 percent per day to money lenders.

"(5)(A) The poor are able to expand their incomes and their

businesses dramatically when they can access loans at reasonable

interest rates.

"(B) Through the development of self-sustaining microfinance

programs, poor people themselves can lead the fight against

hunger and poverty.

"(6)(A) On February 2-4, 1997, a global Microcredit Summit was

held in Washington, District of Columbia, to launch a plan to

expand access to credit for self-employment and other financial

and business services to 100,000,000 of the world's poorest

families, especially the women of those families, by 2005. While

this scale of outreach may not be achievable in this short

time-period, the realization of this goal could dramatically

alter the face of global poverty.

"(B) With an average family size of five, achieving this goal

will mean that the benefits of microfinance will thereby reach

nearly half of the world's more than 1,000,000,000 absolute poor

people.

"(7)(A) Nongovernmental organizations, such as those that

comprise the Microenterprise Coalition (such as the Grameen Bank

(Bangladesh), K-REP (Kenya), and networks such as Accion

International, the Foundation for International Community

Assistance (FINCA), and the credit union movement) are successful

in lending directly to the very poor.

"(B) Microfinance institutions such as BRAC (Bangladesh),

BancoSol (Bolivia), SEWA Bank (India), and ACEP (Senegal) are

regulated financial institutions that can raise funds directly

from the local and international capital markets.

"(8)(A) Microenterprise institutions not only reduce poverty,

but also reduce the dependency on foreign assistance.

"(B) Interest income on the credit portfolio is used to pay

recurring institutional costs, assuring the long-term

sustainability of development assistance.

"(9) Microfinance institutions leverage foreign assistance

resources because loans are recycled, generating new benefits to

program participants.

"(10)(A) The development of sustainable microfinance

institutions that provide credit and training, and mobilize

domestic savings, is a critical component to a global strategy of

poverty reduction and broad-based economic development.

"(B) In the efforts of the United States to lead the

development of a new global financial architecture,

microenterprise should play a vital role. The recent shocks to

international financial markets demonstrate how the financial

sector can shape the destiny of nations. Microfinance can serve

as a powerful tool for building a more inclusive financial sector

which serves the broad majority of the world's population

including the very poor and women and thus generate more social

stability and prosperity.

"(C) Over the last two decades, the United States has been a

global leader in promoting the global microenterprise sector,

primarily through its development assistance programs at the

United States Agency for International Development. Additionally,

the Department of the Treasury and the Department of State have

used their authority to promote microenterprise in the

development programs of international financial institutions and

the United Nations.

"(11)(A) In 1994, the United States Agency for International

Development launched the 'Microenterprise Initiative' in

partnership with the Congress.

"(B) The initiative committed to expanding funding for the

microenterprise programs of the Agency, and set a goal that, by

the end of fiscal year 1996, one-half of all microenterprise

resources would support programs and institutions that provide

credit to the poorest, with loans under $300.

"(C) In order to achieve the goal of the microcredit summit,

increased investment in microfinance institutions serving the

poorest will be critical.

"(12) Providing the United States share of the global

investment needed to achieve the goal of the microcredit summit

will require only a small increase in United States funding for

international microcredit programs, with an increased focus on

institutions serving the poorest.

"(13)(A) In order to reach tens of millions of the poorest with

microcredit, it is crucial to expand and replicate successful

microfinance institutions.

"(B) These institutions need assistance in developing their

institutional capacity to expand their services and tap

commercial sources of capital.

"(14) Nongovernmental organizations have demonstrated

competence in developing networks of local microfinance

institutions and other assistance delivery mechanisms so that

they reach large numbers of the very poor, and achieve financial

sustainability.

"(15) Recognizing that the United States Agency for

International Development has developed very effective

partnerships with nongovernmental organizations, and that the

Agency will have fewer missions overseas to carry out its work,

the Agency should place priority on investing in those

nongovernmental network institutions that meet performance

criteria through the central funding mechanisms of the Agency.

"(16) By expanding and replicating successful microfinance

institutions, it should be possible to create a global

infrastructure to provide financial services to the world's

poorest families.

"(17)(A) The United States can provide leadership to other

bilateral and multilateral development agencies as such agencies

expand their support to the microenterprise sector.

"(B) The United States should seek to improve coordination

among G-7 countries in the support of the microenterprise sector

in order to leverage the investment of the United States with

that of other donor nations.

"(18) Through increased support for microenterprise, especially

credit for the poorest, the United States can continue to play a

leadership role in the global effort to expand financial services

and opportunity to 100,000,000 of the poorest families on the

planet."

PURPOSES OF 2000 AMENDMENT

Pub. L. 106-309, title I, Sec. 103, Oct. 17, 2000, 114 Stat.

1081, provided that: "The purposes of this title [see Short Title

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

are -

"(1) to make microenterprise development an important element

of United States foreign economic policy and assistance;

"(2) to provide for the continuation and expansion of the

commitment of the United States Agency for International

Development to the development of microenterprise institutions as

outlined in its 1994 Microenterprise Initiative;

"(3) to support and develop the capacity of United States and

indigenous nongovernmental organization intermediaries to provide

credit, savings, training, technical assistance, and business

development services to microentrepreneurs;

"(4) to emphasize financial services and substantially increase

the amount of assistance devoted to both financial services and

complementary business development services designed to reach the

poorest people in developing countries, particularly women; and

"(5) to encourage the United States Agency for International

Development to coordinate microfinance policy, in consultation

with the Department of the Treasury and the Department of State,

and to provide global leadership among bilateral and multilateral

donors in promoting microenterprise for the poorest of the poor."

-CROSS-

DEFINITIONS

Pub. L. 106-309, title I, Sec. 104, Oct. 17, 2000, 114 Stat.

1082, provided that: "In this title [see Short Title of 2000

Amendments note set out under section 2151 of this title]:

"(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."

-End-

-CITE-

22 USC Sec. 2151g 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. 2151g. Transfer of funds

-STATUTE-

Whenever the President determines it to be necessary for the

purposes of this part, not to exceed 15 per centum of the funds

made available for any provision of this part may be transferred

to, and consolidated with, the funds made available for any other

provision of this part, and may be used for any of the purposes for

which such funds may be used, except that the total in the

provision for the benefit of which the transfer is made shall not

be increased by more than 25 per centum of the amount of funds made

available for such provision. The authority of sections 2360(a) and

2364(a) of this title may not be used to transfer funds made

available under this part for use for purposes of any other

provision of this chapter, except that the authority of such

sections may be used to transfer for the purposes of section 2427

of this title not to exceed five per centum of the amount of funds

made available for section 2427(a)(1) of this title.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 109, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 95-88, title I,

Sec. 129(b), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title I,

Sec. 102(g)(2)(K)(ii), Oct. 6, 1978, 92 Stat. 943.)

-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-

AMENDMENTS

1978 - Pub. L. 95-424 substituted "Whenever" for "Notwithstanding

section 2151f of this title, whenever".

1977 - Pub. L. 95-88 provided that the authority under sections

2360(a) and 2364(a) of this title may be used to transfer for the

purposes of section 2427 of this title not to exceed five per

centum of the amount of funds made available for section 2427(a)(1)

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 section 2293 of this title.

-End-

-CITE-

22 USC Sec. 2151h 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. 2151h. Cost-sharing

-STATUTE-

No assistance shall be furnished by the United States Government

to a country under sections 2151a through 2151d of this title until

the country provides assurances to the President, and the President

is satisfied, that such country will provide at least 25 per centum

of the costs of the entire program, project, or activity with

respect to which such assistance is to be furnished, except that

such costs borne by such country may be provided on an "inkind"

basis.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 110, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94-161, title

III, Sec. 307, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95-88, title I,

Sec. 106, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95-424, title I, Sec.

112(b), Oct. 6, 1978, 92 Stat. 949; Pub. L. 99-83, title XII, Sec.

1211(a)(3), Aug. 8, 1985, 99 Stat. 279.)

-MISC1-

REFERENCES TO SECTIONS 2151A THROUGH 2151D DEEMED TO INCLUDE

SECTION 2293

References to sections 2151a through 2151d of this title are

deemed to include a reference to section 2293 of this title. See

section 2293(d)(1) of this title.

AMENDMENTS

1985 - Pub. L. 99-83 struck out subsec. (a) designation, and

struck out subsec. (b) which set forth funding limits for grant

assistance under sections 2151a to 2151d of this title.

1978 - Subsec. (a). Pub. L. 94-424 struck out provision,

following "on an 'in-kind' basis", relating to waiver by the

President of cost-sharing requirement in case of a project or

activity in a country determined to be relatively least developed

by the agency primarily responsible for administering subchapter I

of this chapter.

Subsec. (b). Pub. L. 95-424 substituted "No" for "Except for

grants to countries determined to be relatively least developed

based on the United Nations Conference on Trade and Development

list of 'relatively least developed countries', no".

1977 - Subsec. (a). Pub. L. 95-88, Sec. 106(1), substituted

"sections 2151a through 2151d" for "sections 2151a through 2151e".

Subsec. (b). Pub. L. 95-88, Sec. 106(2), inserted provisions

creating an exception for grants to countries determined to be

relatively least developed based on the United Nations Conference

on Trade and Development list of "relatively least developed

countries" and substituted "sections 2151a through 2151d" for

"sections 2151a through 2151e".

1975 - Subsec. (a). Pub. L. 94-161 authorized Presidential waiver

of cost-sharing as a condition for being furnished project or

activity assistance in the case of a relatively least developed

country.

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 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 2151v, 2220d of this

title.

-End-

-CITE-

22 USC Sec. 2151i 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. 2151i. Development and use of cooperatives

-STATUTE-

In order to strengthen the participation of the rural and urban

poor in their country's development, high priority shall be given

to increasing the use of funds made available under this chapter

for technical and capital assistance in the development and use of

cooperatives in the less developed countries which will enable and

encourage greater numbers of the poor to help themselves toward a

better life. In meeting the requirement of the preceding sentence,

specific priority shall be given to the following:

(1) Agriculture

Technical assistance to low income farmers who form and develop

member-owned cooperatives for farm supplies, marketing and

value-added processing.

(2) Financial systems

The promotion of national credit union systems through credit

union-to-credit union technical assistance that strengthens the

ability of low income people and micro-entrepreneurs to save and

to have access to credit for their own economic advancement.

(3) Infrastructure

The support of rural electric and telecommunication

cooperatives for access for rural people and villages that lack

reliable electric and telecommunications services.

(4) Housing and community services

The promotion of community-based cooperatives which provide

employment opportunities and important services such as health

clinics, self-help shelter, environmental improvements,

group-owned businesses, and other activities.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 111, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94-161, title

III, Sec. 308, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95-88, title I,

Sec. 107(a), Aug. 3, 1977, 91 Stat. 535; Pub. L. 96-53, title I,

Sec. 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 106-309, title IV,

Sec. 401(c)(2), Oct. 17, 2000, 114 Stat. 1097.)

-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-

AMENDMENTS

2000 - Pub. L. 106-309 inserted at end "In meeting the

requirement of the preceding sentence, specific priority shall be

given to the following:" and pars. (1) to (4).

1979 - Pub. L. 96-53 struck out provisions relating to

availability of funds for fiscal year 1978 for technical

assistance.

1977 - Pub. L. 95-88 substituted "technical and capital

assistance in the development and use of cooperatives" for

"assistance in the development of cooperatives" and "$10,000,000 of

the funds made available under this chapter for the fiscal year

1978 may be used only for technical assistance" for "$20,000,000 of

such funds shall be used during the fiscal years 1976 and 1977,

including the period from July 1, 1976, through September 30, 1976,

only for technical assistance".

1975 - Pub. L. 94-161 earmarked not less than $20,000,000 for

technical assistance during fiscal years 1976 and 1977, including

period from July 1, 1976, through Sept. 30, 1976, and deleted

similar provision making such minimum sum available for use during

fiscal years 1974 and 1975.

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 1977 AMENDMENT

Section 107(b) of Pub. L. 95-88 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1977."

FINDINGS

Pub. L. 106-309, title IV, Sec. 401(b), Oct. 17, 2000, 114 Stat.

1096, provided that: "The Congress makes the following findings:

"(1) It is in the mutual economic interest of the United States

and peoples in developing and transitional countries to promote

cooperatives and credit unions.

"(2) Self-help institutions, including cooperatives and credit

unions, provide enhanced opportunities for people to participate

directly in democratic decision-making for their economic and

social benefit through ownership and control of business

enterprises and through the mobilization of local capital and

savings and such organizations should be fully utilized in

fostering free market principles and the adoption of self-help

approaches to development.

"(3) The United States seeks to encourage broad-based economic

and social development by creating and supporting -

"(A) agricultural cooperatives that provide a means to lift

low income farmers and rural people out of poverty and to

better integrate them into national economies;

"(B) credit union networks that serve people of limited means

through safe savings and by extending credit to families and

microenterprises;

"(C) electric and telephone cooperatives that provide rural

customers with power and telecommunications services essential

to economic development;

"(D) housing and community-based cooperatives that provide

low income shelter and work opportunities for the urban poor;

and

"(E) mutual and cooperative insurance companies that provide

risk protection for life and property to under-served

populations often through group policies."

DECLARATIONS OF POLICY

Pub. L. 106-309, title IV, Sec. 401(c)(1), Oct. 17, 2000, 114

Stat. 1096, provided that: "The Congress supports the development

and expansion of economic assistance programs that fully utilize

cooperatives and credit unions, particularly those programs

committed to -

"(A) international cooperative principles, democratic

governance and involvement of women and ethnic minorities for

economic and social development;

"(B) self-help mobilization of member savings and equity and

retention of profits in the community, except for those programs

that are dependent on donor financing;

"(C) market-oriented and value-added activities with the

potential to reach large numbers of low income people and help

them enter into the mainstream economy;

"(D) strengthening the participation of rural and urban poor to

contribute to their country's economic development; and

"(E) utilization of technical assistance and training to better

serve the member-owners."

REPORT

Pub. L. 106-309, title IV, Sec. 401(d), Oct. 17, 2000, 114 Stat.

1097, provided that: "Not later than 6 months after the date of the

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

United States Agency for International Development, in consultation

with the heads of other appropriate agencies, shall prepare and

submit to Congress a report on the implementation of section 111 of

the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as amended by

subsection (c)."

-End-

-CITE-

22 USC Sec. 2151j 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. 2151j. Repealed. Pub. L. 93-559, Sec. 30(b), Dec. 30, 1974, 88

Stat. 1804

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 112, as added Pub. L.

93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 716, related to police

training prohibition. See section 2420 of this title.

-End-

-CITE-

22 USC Sec. 2151k 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. 2151k. Integrating women into national economies; report

-STATUTE-

(a) Particular programs, projects, and activities

In recognition of the fact that women in developing countries

play a significant role in economic production, family support, and

the overall development process of the national economies of such

countries, subchapter I of this chapter shall be administered so as

to give particular attention to those programs, projects, and

activities which tend to integrate women into the national

economies of developing countries, thus improving their status and

assisting the total development effort.

(b) Assistance to encourage participation and integration of women;

prohibition against separate assistance program for women

(1) Up to $10,000,000 of the funds made available each fiscal

year under this part and part X of this subchapter shall be used,

in addition to funds otherwise available for such purposes, for

assistance on such terms and conditions as the President may

determine to encourage and promote the participation and

integration of women as equal partners in the development process

in the developing countries. These funds shall be used primarily to

support activities which will increase the economic productivity

and income earning capacity of women.

(2) Nothing in this section shall be construed to authorize the

establishment of a separate development assistance program for

women.

(c) Funds for United Nations Decade for Women

Not less than $500,000 of the funds made available under this

part for the fiscal year 1982 shall be expended on international

programs which support the original goals of the United Nations

Decade for Women.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 113, as added Pub. L. 93-189, Sec.

2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94-161, title

III, Sec. 309, Dec. 20, 1975, 89 Stat. 860; Pub. L. 95-88, title I,

Sec. 108, Aug. 3, 1977, 91 Stat. 536; Pub. L. 95-424, title I, Sec.

108, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96-53, title I, Sec. 122,

Aug. 14, 1979, 93 Stat. 366; Pub. L. 97-113, title III, Sec. 305,

Dec. 29, 1981, 95 Stat. 1533; Pub. L. 101-513, title V, Sec.

562(d)(2), Nov. 5, 1990, 104 Stat. 2031.)

-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

1990 - Subsec. (b)(1). Pub. L. 101-513 inserted "and part X of

this subchapter" after "this part".

1981 - Subsec. (c). Pub. L. 97-113 added subsec. (c).

1979 - Subsec. (b). Pub. L. 96-53 redesignated subsec. (d) as

(b), and repealed former subsec. (b) which related to Presidential

report to Congress on the impact of development programs, etc., on

the economic integration of women.

Subsec. (c). Pub. L. 96-53 repealed subsec. (c) which required

the report under former subsec. (b) to be submitted not later than

one year after Aug. 3, 1977.

Subsec. (d). Pub. L. 96-53 redesignated subsec. (d) as (b).

1978 - Subsec. (d). Pub. L. 95-424 added subsec. (d).

1977 - Pub. L. 95-88 designated existing provisions as subsec.

(a), inserted provisions relating to a recognition of the fact that

women in developing countries play a significant role in economic

production, family support, and the overall development process of

the national economies of such countries, and added subsecs. (b)

and (c).

1975 - Pub. L. 94-161 substituted "This subchapter" for "Sections

2151a through 2151e 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.

-End-

-CITE-

22 USC Secs. 2151l, 2151m 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-

Secs. 2151g742l, 2151m. Repealed. Pub. L. 95-424, title I, Secs.

102(f), 104(b), Oct. 6, 1978, 92 Stat. 942, 947

-MISC1-

Section 2151l, Pub. L. 87-195, pt. I, Sec. 114, as added Pub. L.

93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L.

95-88, title I, Sec. 109, Aug. 3, 1977, 91 Stat. 536, prohibited

use of funds for performance of abortions or involuntary

sterilizations.

Section 2151m, Pub. L. 87-195, pt. I, Sec. 115, as added Pub. L.

93-559, Sec. 20, Dec. 30, 1974, 88 Stat. 1800; amended Pub. L.

95-88, title I, Sec. 110, Aug. 3, 1977, 91 Stat. 536, prohibited

use of funds available under this part for any countries to which

assistance is furnished under part IV of subchapter II of this

chapter or under subchapter V of this chapter without specific

authorization from Congress.

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. 2151n 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. 2151n. Human rights and development assistance

-STATUTE-

(a) Violations barring assistance; assistance for needy people

No assistance may be provided under subchapter I of this chapter

to the government of any country which engages in a consistent

pattern of gross violations of internationally recognized human

rights, including torture or cruel, inhuman, or degrading treatment

or punishment, prolonged detention without charges, causing the

disappearance of persons by the abduction and clandestine detention

of those persons, or other flagrant denial of the right to life,

liberty, and the security of person, unless such assistance will

directly benefit the needy people in such country.

(b) (!1) Information to Congressional committees for realization of

assistance for needy people; concurrent resolution terminating

assistance

In determining whether this standard is being met with regard to

funds allocated under subchapter I of this chapter, the Committee

on Foreign Relations of the Senate or the Committee on Foreign

Affairs of the House of Representatives may require the

Administrator primarily responsible for administering subchapter I

of this chapter to submit in writing information demonstrating that

such assistance will directly benefit the needy people in such

country, together with a detailed explanation of the assistance to

be provided (including the dollar amounts of such assistance) and

an explanation of how such assistance will directly benefit the

needy people in such country. If either committee or either House

of Congress disagrees with the Administrator's justification it may

initiate action to terminate assistance to any country by a

concurrent resolution under section 2367 of this title.

(b) (!1) Protection of children from exploitation

No assistance may be provided to any government failing to take

appropriate and adequate measures, within their means, to protect

children from exploitation, abuse or forced conscription into

military or paramilitary services.

(c) Factors considered

In determining whether or not a government falls within the

provisions of subsection (a) of this section and in formulating

development assistance programs under subchapter I of this chapter,

the Administrator shall consider, in consultation with the

Assistant Secretary of State for Democracy, Human Rights, and Labor

and in consultation with the Ambassador at Large for International

Religious Freedom -

(1) the extent of cooperation of such government in permitting

an unimpeded investigation of alleged violations of

internationally recognized human rights by appropriate

international organizations, including the International

Committee of the Red Cross, or groups or persons acting under the

authority of the United Nations or of the Organization of

American States;

(2) specific actions which have been taken by the President or

the Congress relating to multilateral or security assistance to a

less developed country because of the human rights practices or

policies of such country; and

(3) whether the government -

(A) has engaged in or tolerated particularly severe

violations of religious freedom, as defined in section 6402 of

this title; or

(B) has failed to undertake serious and sustained efforts to

combat particularly severe violations of religious freedom (as

defined in section 6402 of this title), when such efforts could

have been reasonably undertaken.

(d) Report to Speaker of House and Committee on Foreign Relations

of the Senate

The Secretary of State shall transmit to the Speaker of the House

of Representatives and the Committee on Foreign Relations of the

Senate, by February 25 of each year, a full and complete report

regarding -

(1) the status of internationally recognized human rights,

within the meaning of subsection (a) of this section -

(A) in countries that receive assistance under subchapter I

of this chapter, and

(B) in all other foreign countries which are members of the

United Nations and which are not otherwise the subject of a

human rights report under this chapter;

(2) wherever applicable, practices regarding coercion in

population control, including coerced abortion and involuntary

sterilization;

(3) the status of child labor practices in each country,

including -

(A) whether such country has adopted policies to protect

children from exploitation in the workplace, including a

prohibition of forced and bonded labor and policies regarding

acceptable working conditions; and

(B) the extent to which each country enforces such policies,

including the adequacy of the resources and oversight dedicated

to such policies;

(4) the votes of each member of the United Nations Commission

on Human Rights on all country-specific and thematic resolutions

voted on at the Commission's annual session during the period

covered during the preceding year;

(5) the extent to which each country has extended protection to

refugees, including the provision of first asylum and

resettlement;

(6) the steps the Administrator has taken to alter United

States programs under subchapter I of this chapter in any country

because of human rights considerations;

(7) wherever applicable, violations of religious freedom,

including particularly severe violations of religious freedom (as

defined in section 6402 of this title);

(8) wherever applicable, consolidated information regarding the

commission of war crimes, crimes against humanity, and evidence

of acts that may constitute genocide (as defined in article 2 of

the Convention on the Prevention and Punishment of the Crime of

Genocide and modified by the United States instrument of

ratification to that convention and section 2(a) of the Genocide

Convention Implementation Act of 1987);

(9) for each country with respect to which the report indicates

that extrajudicial killings, torture, or other serious violations

of human rights have occurred in the country, the extent to which

the United States has taken or will take action to encourage an

end to such practices in the country; and

(10)(A) wherever applicable, a description of the nature and

extent -

(i) of the compulsory recruitment and conscription of

individuals under the age of 18 by armed forces of the

government of the country, government-supported paramilitaries,

or other armed groups, and the participation of such

individuals in such groups; and

(ii) that such individuals take a direct part in hostilities;

(B) what steps, if any, taken by the government of the country

to eliminate such practices; and

(C) such other information related to the use by such

government of individuals under the age of 18 as soldiers, as

determined to be appropriate by the Secretary.

(e) Promotion of civil and political rights

The President is authorized and encouraged to use not less than

$3,000,000 of the funds made available under this part, part X of

this subchapter, and part IV of subchapter II of this chapter for

each fiscal year for studies to identify, and for openly carrying

out programs and activities which will encourage or promote

increased adherence to civil and political rights, including the

right to free religious belief and practice, as set forth in the

Universal Declaration of Human Rights, in countries eligible for

assistance under this part or under part X of this subchapter,

except that funds made available under part X of this subchapter

may only be used under this subsection with respect to countries in

sub-Saharan Africa. None of these funds may be used, directly or

indirectly, to influence the outcome of any election in any

country.

(f) Annual country reports on human rights practices

(1) The report required by subsection (d) of this section shall

include the following:

(A) A description of the nature and extent of severe forms of

trafficking in persons, as defined in section 7102 of this title,

in each foreign country.

(B) With respect to each country that is a country of origin,

transit, or destination for victims of severe forms of

trafficking in persons, an assessment of the efforts by the

government of that country to combat such trafficking. The

assessment shall address the following:

(i) Whether government authorities in that country

participate in, facilitate, or condone such trafficking.

(ii) Which government authorities in that country are

involved in activities to combat such trafficking.

(iii) What steps the government of that country has taken to

prohibit government officials from participating in,

facilitating, or condoning such trafficking, including the

investigation, prosecution, and conviction of such officials.

(iv) What steps the government of that country has taken to

prohibit other individuals from participating in such

trafficking, including the investigation, prosecution, and

conviction of individuals involved in severe forms of

trafficking in persons, the criminal and civil penalties for

such trafficking, and the efficacy of those penalties in

eliminating or reducing such trafficking.

(v) What steps the government of that country has taken to

assist victims of such trafficking, including efforts to

prevent victims from being further victimized by traffickers,

government officials, or others, grants of relief from

deportation, and provision of humanitarian relief, including

provision of mental and physical health care and shelter.

(vi) Whether the government of that country is cooperating

with governments of other countries to extradite traffickers

when requested, or, to the extent that such cooperation would

be inconsistent with the laws of such country or with

extradition treaties to which such country is a party, whether

the government of that country is taking all appropriate

measures to modify or replace such laws and treaties so as to

permit such cooperation.

(vii) Whether the government of that country is assisting in

international investigations of transnational trafficking

networks and in other cooperative efforts to combat severe

forms of trafficking in persons.

(viii) Whether the government of that country refrains from

prosecuting victims of severe forms of trafficking in persons

due to such victims having been trafficked, and refrains from

other discriminatory treatment of such victims.

(ix) Whether the government of that country recognizes the

rights of victims of severe forms of trafficking in persons and

ensures their access to justice.

(C) Such other information relating to trafficking in persons

as the Secretary of State considers appropriate.

(2) In compiling data and making assessments for the purposes of

paragraph (1), United States diplomatic mission personnel shall

consult with human rights organizations and other appropriate

nongovernmental organizations.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 116, as added Pub. L. 94-161, title

III, Sec. 310, Dec. 20, 1975, 89 Stat. 860; amended Pub. L. 95-88,

title I, Sec. 111, Aug. 3, 1977, 91 Stat. 537; Pub. L. 95-105,

title I, Sec. 109(a)(2), Aug. 17, 1977, 91 Stat. 846; Pub. L.

95-424, title I, Sec. 109, Oct. 6, 1978, 92 Stat. 947; Pub. L.

96-53, title I, Sec. 106, title V, Sec. 504(a), Aug. 14, 1979, 93

Stat. 362, 378; Pub. L. 96-533, title III, Sec. 305, title VII,

Sec. 701(a), Dec. 16, 1980, 94 Stat. 3147, 3156; Pub. L. 97-113,

title III, Sec. 306, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 98-164,

title X, Sec. 1002(a), Nov. 22, 1983, 97 Stat. 1052; Pub. L.

99-440, title II, Sec. 202, Oct. 2, 1986, 100 Stat. 1095; Pub. L.

99-631, Sec. 1(b)(2), Nov. 7, 1986, 100 Stat. 3519; Pub. L.

100-204, title I, Sec. 127(1), Dec. 22, 1987, 101 Stat. 1342; Pub.

L. 101-513, title V, Secs. 562(d)(3), 599D, Nov. 5, 1990, 104 Stat.

2031, 2066; Pub. L. 103-149, Sec. 4(a)(3)(B), Nov. 23, 1993, 107

Stat. 1505; Pub. L. 103-236, title I, Sec. 162(e)(1), Apr. 30,

1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(6), Nov. 2, 1994,

108 Stat. 4588; Pub. L. 104-319, title II, Sec. 201(a), Oct. 19,

1996, 110 Stat. 3866; Pub. L. 105-277, div. G, subdiv. B, title

XXII, Sec. 2216, Oct. 21, 1998, 112 Stat. 2681-815; Pub. L.

105-292, title I, Sec. 102(d)(1), title IV, Sec. 421(a), title V,

Sec. 501(b), Oct. 27, 1998, 112 Stat. 2794, 2809, 2811; Pub. L.

106-113, div. B, Secs. 1000(a)(2) [title V, Sec. 597], 1000(a)(7)

[div. A, title VIII, Sec. 806(a)], Nov. 29, 1999, 113 Stat. 1535,

1536, 1501A-126, 1501A-471; Pub. L. 106-386, div. A, Sec. 104(a),

Oct. 28, 2000, 114 Stat. 1471; Pub. L. 107-228, div. A, title VI,

Secs. 665(a), 683(a), Sept. 30, 2002, 116 Stat. 1406, 1410.)

-REFTEXT-

REFERENCES IN TEXT

Section 2(a) of the Genocide Convention Implementation Act of

1987, referred to in subsec. (d)(8), probably means section 2(a) of

the Genocide Convention Implementation Act of 1987 (the Proxmire

Act), Pub. L. 100-606, Nov. 4, 1988, 102 Stat. 3045, which enacted

chapter 50A (Sec. 1091 et seq.) of Title 18, Crimes and Criminal

Procedure.

-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

The amendment by section 102(d)(1) of Pub. L. 105-292 was

executed before the amendment by Pub. L. 105-277 to reflect the

probable intent of Congress.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(9). Pub. L. 107-228, Sec. 665(a), added par.

(9).

Subsec. (d)(10). Pub. L. 107-228, Sec. 683(a), added par. (10).

2000 - Subsec. (f). Pub. L. 106-386 amended subsec. (f)

generally, substituting present provisions for provisions listing

information required for report under subsec. (d) of this section,

providing for consultation with human rights and other appropriate

nongovernmental organizations in compiling data for required

information, and defining "trafficking" and "victims of

trafficking" for purposes of subsection.

1999 - Subsec. (d)(8). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,

title VIII, Sec. 806(a)], added par. (8).

Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(2) [title V, Sec.

597], added subsec. (f).

1998 - Subsec. (c). Pub. L. 105-292, Sec. 421(a)(1), inserted

"and in consultation with the Ambassador at Large for International

Religious Freedom" after "Labor" in introductory provisions.

Subsec. (c)(3). Pub. L. 105-292, Sec. 421(a)(2)-(4), added par.

(3).

Subsec. (d). Pub. L. 105-277, Sec. 2216(1), substituted "February

25" for "January 31" in introductory provisions.

Subsec. (d)(3) to (5). Pub. L. 105-277, Sec. 2216(2), (3), added

par. (3) and redesignated former pars. (3) and (4) as (4) and (5),

respectively. Former par. (5) redesignated (6).

Subsec. (d)(6). Pub. L. 105-277, Sec. 2216(2), redesignated par.

(5) as (6). Former par. (6) redesignated (7). See Codification note

above.

Pub. L. 105-292, Sec. 102(d)(1), added par. (6). See Codification

note above.

Subsec. (d)(7). Pub. L. 105-277, Sec. 2216(2), redesignated par.

(6) as (7). See Codification note above.

Subsec. (e). Pub. L. 105-292, Sec. 501(b), inserted ", including

the right to free religious belief and practice" after "adherence

to civil and political rights".

1996 - Subsec. (d)(3) to (5). Pub. L. 104-319 added pars. (3) and

(4) and redesignated former par. (3) as (5).

1994 - Subsec. (b). Pub. L. 103-437 substituted "Foreign Affairs"

for "International Relations" in subsec. (b) relating to submittal

of information to Congress.

Subsec. (c). Pub. L. 103-236 substituted "Assistant Secretary of

State for Democracy, Human Rights, and Labor" for "Assistant

Secretary for Human Rights and Humanitarian Affairs" in

introductory provisions.

1993 - Subsec. (e). Pub. L. 103-149 struck out "(1)" before "The

President is authorized" and struck out par. (2) which authorized

grants to nongovernmental organizations in South Africa promoting

political, economic, social, juridical, and humanitarian efforts to

foster a just society and to help victims of apartheid.

Subsecs. (f), (g). Pub. L. 103-149 struck out subsec. (f) which

authorized assistance to political detainees and prisoners and

support for black-led community organizations in South Africa and

subsec. (g) which authorized assistance to families of victims of

violence in South Africa.

1990 - Subsec. (b). Pub. L. 101-513, Sec. 599D, added subsec. (b)

prohibiting assistance to governments failing to protect children

from exploitation, abuse or conscription.

Subsec. (e)(1). Pub. L. 101-513, Sec. 562(d)(3), inserted ", part

X of this subchapter," after "available under this part" and "or

under part X of this subchapter, except that funds made available

under part X of this subchapter may only be used under this

subsection with respect to countries in sub-Saharan Africa" before

period at end of first sentence.

1987 - Subsec. (d). Pub. L. 100-204 added par. (2) and

redesignated former par. (2) as (3).

1986 - Subsec. (e)(2)(A). Pub. L. 99-440, Sec. 202(a), inserted

authorization of appropriations of $1,500,000 for fiscal year 1986

and for each fiscal year thereafter.

Subsec. (f). Pub. L. 99-440, Sec. 202(b), added subsec. (f).

Subsec. (f)(2)(B). Pub. L. 99-631 substituted "subsection" for

"paragraph".

Subsec. (g). Pub. L. 99-440, Sec. 202(b), added subsec. (g).

1983 - Subsec. (e). Pub. L. 98-164, Sec. 1002(a), designated

existing provisions as par. (1), substituted "$3,000,000 of the

funds made available under this part and part IV of subchapter II

of this chapter for each fiscal year" for "$1,500,000 of the funds

made available under this part for each of the fiscal years 1982

and 1983", and added par. (2).

1981 - Subsec. (e). Pub. L. 97-113 substituted "each of the

fiscal years 1982 and 1983" for "the fiscal year 1981".

1980 - Subsec. (a). Pub. L. 96-533, Sec. 701(a), prohibited

assistance for government of any country causing the disappearance

of persons by the abduction and clandestine detention of those

persons.

Subsec. (e). Pub. L. 96-533, Sec. 305, substituted "1981" for

"1980".

1979 - Subsec. (d)(1). Pub. L. 96-53, Sec. 504(a), designated

existing provisions as cl. (A) and added cl. (B).

Subsec. (e). Pub. L. 96-53, Sec. 106, substituted "1980" for

"1979".

1978 - Subsec. (e). Pub. L. 95-424 substituted "The President is

authorized and encouraged to use not less than $1,500,000 of" for

"Of", and "1979" for "1978, not less than $750,000 may be used

only".

1977 - Subsec. (c). Pub. L. 95-105 substituted "Assistant

Secretary" for "Coordinator".

Pub. L. 95-88, Sec. 111(a), inserted references to the

formulation of development assistance programs under this

subchapter and the consultation of the Administrator with the

Coordinator for Human Rights and Humanitarian Affairs in the

introductory provisions, designated the remainder of the existing

provisions as par. (1), and added par. (2).

Subsec. (d). Pub. L. 95-88, Sec. 111(a), substituted provisions

directing the Secretary of State to transmit to the Speaker of the

House of Representatives and the Committee on Foreign Relations of

the Senate, by January 31 of each year, a full and complete report

regarding the status of internationally recognized human rights in

countries that receive development assistance and the steps which

the Administrator has taken to alter United States development

assistance programs in any country because of human rights

considerations for provisions directing the President to transmit

to the Speaker of the House of Representatives and the Committee on

Foreign Relations of the Senate, in the annual presentation

materials on proposed economic development assistance programs, a

full and complete report regarding the steps he has taken to carry

out the provisions of this section.

Subsec. (e). Pub. L. 95-88, Sec. 111(b), added subsec. (e).

-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.

-MISC3-

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-631 effective Oct. 2, 1986, see section

1(c) of Pub. L. 99-631, set out as a note under section 2151c 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.

-MISC4-

SEPARATE REPORT

Pub. L. 107-228, div. A, title VI, Sec. 665(c), Sept. 30, 2002,

116 Stat. 1407, provided that: "The information to be included in

the report required by sections 116(d) and 502B(b) of the Foreign

Assistance Act of 1961 [22 U.S.C. 2151n(d), 2304(b)] pursuant to

the amendments made by subsections (a) and (b) [amending this

section and section 2304 of this title] may be submitted by the

Secretary as a separate report. If the Secretary elects to submit

such information as a separate report, such report shall be

submitted not later than 30 days after the date of submission of

the report required by section [sic] 116(d) and 502B(b) of the

Foreign Assistance Act of 1961."

[For definition of "Secretary" as used in section 665(c) of Pub.

L. 107-228, set out above, see section 3 of Pub. L. 107-228, set

out as a note under section 2651 of this title.]

ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE

MEETINGS

Pub. L. 107-228, div. A, title VI, Sec. 702, Sept. 30, 2002, 116

Stat. 1420, provided that: "Not later than December 31 of each year

or 60 days after the second United States-Vietnam human rights

dialogue meeting held in a calendar year, whichever is earlier, the

Secretary shall submit to the appropriate congressional committees

a report covering the issues discussed at the previous two meetings

and describing to what extent the Government of Vietnam has made

progress during the calendar year toward achieving the following

objectives:

"(1) Improving the Government of Vietnam's commercial and

criminal codes to bring them into conformity with international

standards, including the repeal of the Government of Vietnam's

administrative detention decree (Directive 31/CP).

"(2) Releasing political and religious activists who have been

imprisoned or otherwise detained by the Government of Vietnam,

and ceasing surveillance and harassment of those who have been

released.

"(3) Ending official restrictions on religious activity,

including implementing the recommendations of the United Nations

Special Rapporteur on Religious Intolerance.

"(4) Promoting freedom for the press, including freedom of

movement of members of the Vietnamese and foreign press.

"(5) Improving prison conditions and providing transparency in

the penal system of Vietnam, including implementing the

recommendations of the United Nations Working Group on Arbitrary

Detention.

"(6) Respecting the basic rights of indigenous minority groups,

especially in the central and northern highlands of Vietnam.

"(7) Respecting the basic rights of workers, including working

with the International Labor Organization to improve mechanisms

for promoting such rights.

"(8) Cooperating with requests by the United States to obtain

full and free access to persons who may be eligible for admission

to the United States as refugees or immigrants, and allowing such

persons to leave Vietnam without being subjected to extortion or

other corrupt practices."

[For definitions of "Secretary" and "appropriate congressional

committees" as used in section 702 of Pub. L. 107-228, set out

above, see section 3 of Pub. L. 107-228, set out as a note under

section 2651 of this title.]

ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM

Pub. L. 105-292, title V, Sec. 501(a), Oct. 27, 1998, 112 Stat.

2811, provided that: "Congress makes the following findings:

"(1) In many nations where severe violations of religious

freedom occur, there is not sufficient statutory legal protection

for religious minorities or there is not sufficient cultural and

social understanding of international norms of religious freedom.

"(2) Accordingly, in the provision of foreign assistance, the

United States should make a priority of promoting and developing

legal protections and cultural respect for religious freedom."

REPORT ON HUMAN RIGHTS TO COMMITTEES ON APPROPRIATIONS

Pub. L. 102-391, title V, Sec. 511(b), Oct. 6, 1992, 106 Stat.

1658, as amended by Pub. L. 106-429, Sec. 101(a) [title V, Sec.

590], Nov. 6, 2000, 114 Stat. 1900, 1900A-59, provided that: "The

Secretary of State shall also transmit the report required by

section 116(d) of the Foreign Assistance Act of 1961 [22 U.S.C.

2151n(d)] to the Committees on Appropriations each year by the date

specified in that section: Provided, That each such report

submitted pursuant to such section shall (1) include a review of

each country's commitment to children's rights and welfare as

called for by the Declaration of the World Summit for Children;

[(2) Repealed. Pub. L. 106-429, Sec. 101(a) [title V, Sec. 590],

Nov. 6, 2000, 114 Stat. 1900, 1900A-59;] (3) describe the extent to

which indigenous people are able to participate in decisions

affecting their lands, cultures, traditions and the allocation of

natural resources, and assess the extent of protection of their

civil and political rights."

REPORT ON IMPACT ON FOREIGN RELATIONS OF UNITED STATES OF REPORTS

ON HUMAN RIGHTS PRACTICES OF FOREIGN GOVERNMENTS

Section 504(b) of Pub. L. 96-53, which required Secretary of

State to report by Nov. 15, 1979, foreign relations impact made by

reports of human rights violations of foreign governments, was

repealed by Pub. L. 97-113, title VII, Sec. 734(a)(3), Dec. 29,

1981, 95 Stat. 1560.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2151n-2, 2199, 2296d,

2347h, 2398, 2651a, 5732, 6402, 6412, 6442, 6445, 7110 of this

title; title 48 section 1904.

-FOOTNOTE-

(!1) So in original. Two subsecs. (b) have been enacted.

-End-

-CITE-

22 USC Sec. 2151n-1 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. 2151n-1. Repealed. Pub. L. 103-236, title I, Sec. 139(4), Apr.

30, 1994, 108 Stat. 397

-MISC1-

Section, Pub. L. 95-105, title I, Sec. 108, Aug. 17, 1977, 91

Stat. 846, directed Secretary of State to report annually to

Congress about American citizens in foreign jails.

-End-

-CITE-

22 USC Sec. 2151n-2 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. 2151n-2. Human Rights and Democracy Fund

-STATUTE-

(a) Establishment of Fund

There is established a Human Rights and Democracy Fund (in this

section referred to as the "Fund") to be administered by the

Assistant Secretary of State for Democracy, Human Rights, and

Labor.

(b) Purposes of Fund

The purposes of the Fund shall be -

(1) to support defenders of human rights;

(2) to assist the victims of human rights violations;

(3) to respond to human rights emergencies;

(4) to promote and encourage the growth of democracy, including

the support for nongovernmental organizations in foreign

countries; and

(5) to carry out such other related activities as are

consistent with paragraphs (1) through (4).

(c) Funding

(1) In general

Of the amounts made available to carry out chapter 4 of part II

of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]

for fiscal year 2003, $21,500,000 is authorized to be available

to the Fund for carrying out the purposes described in subsection

(b) of this section. Amounts made available to the Fund under

this paragraph shall also be deemed to have been made available

under section 116(e) of the Foreign Assistance Act of 1961 (22

U.S.C. 2151n(e)).

(2) Allocation of funds for the Documentation Center of Cambodia

Of the amount authorized to be available to the Fund under

paragraph (1) for fiscal year 2003, $1,000,000 is authorized to

be available for the Documentation Center of Cambodia for the

purpose of collecting, cataloguing, and disseminating information

about the atrocities committed by the Khmer Rouge against the

Cambodian people.

(3) Father John Kaiser Memorial Fund

Of the amount authorized to be available to the Fund under

paragraph (1) for fiscal year 2003, $500,000 is authorized to be

available to advance the extraordinary work and values of Father

John Kaiser with respect to solving ethnic conflict and promoting

government accountability and respect for human rights. The

amount made available under this paragraph may be referred to as

the "Father John Kaiser Memorial Fund".

-SOURCE-

(Pub. L. 107-228, div. A, title VI, Sec. 664, Sept. 30, 2002, 116

Stat. 1406.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec.

(c)(1), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.

Chapter 4 of part II of the Act is classified generally to part IV

(Sec. 2346 et seq.) of subchapter II of this chapter. 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

Section was enacted as part of the Freedom Investment Act of

2002, and also as part of the Department of State Authorization

Act, Fiscal Year 2003 and the Foreign Relations Authorization Act,

Fiscal Year 2003, and not as part of the Foreign Assistance Act of

1961 which comprises this chapter.

-MISC1-

PURPOSES

Pub. L. 107-228, div. A, title VI, Sec. 662, Sept. 30, 2002, 116

Stat. 1405, provided that: "The purposes of this subtitle [subtitle

E (Secs. 661-665) of title VI of div. A of Pub. L. 107-228, see

Short Title of 2002 Amendments note set out under section 2151 of

this title] are the following:

"(1) To underscore that promoting and protecting human rights

is in the national interests of the United States and is

consistent with American values and beliefs.

"(2) To establish a goal of devoting one percent of the funds

available to the Department under 'Diplomatic and Consular

Programs', other than such funds that will be made available for

worldwide security upgrades and information resource management,

to enhance the ability of the United States to promote respect

for human rights and the protection of human rights defenders."

[For definition of "Department" as used in section 662 of Pub. L.

107-228, set out above, see section 3 of Pub. L. 107-228, set out

as a note under section 2651 of this title.]

-End-

-CITE-

22 USC Sec. 2151o 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. 2151g742o. Repealed. Pub. L. 103-149, Sec. 4(a)(3)(B), Nov.

23, 1993, 107 Stat. 1505

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 117, as added Pub. L.

99-440, title II, Sec. 201(b), Oct. 2, 1986, 100 Stat. 1094,

related to assistance for disadvantaged South Africans.

A prior section 2151o, Pub. L. 87-195, pt. 1, Sec. 117, as added

Pub. L. 95-88, title I, Sec. 112, Aug. 3, 1977, 91 Stat. 537,

related to a strategy for programs of nutrition and health

improvement for mothers and children, prior to repeal by Pub. L.

95-424, title I, Sec. 103(c), Oct. 6, 1978, 92 Stat. 945, eff. Oct.

1, 1978.

-End-

-CITE-

22 USC Sec. 2151p 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. 2151p. Environmental and natural resources

-STATUTE-

(a) Congressional statement of findings

The Congress finds that if current trends in the degradation of

natural resources in developing countries continue, they will

severely undermine the best efforts to meet basic human needs, to

achieve sustained economic growth, and to prevent international

tension and conflict. The Congress also finds that the world faces

enormous, urgent, and complex problems, with respect to natural

resources, which require new forms of cooperation between the

United States and developing countries to prevent such problems

from becoming unmanageable. It is, therefore, in the economic and

security interest of the United States to provide leadership both

in thoroughly reassessing policies relating to natural resources

and the environment, and in cooperating extensively with developing

countries in order to achieve environmentally sound development.

(b) Assistance authority and emphasis

In order to address the serious problems described in subsection

(a) of this section, the President is authorized to furnish

assistance under subchapter I of this chapter for developing and

strengthening the capacity of developing countries to protect and

manage their environment and natural resources. Special efforts

shall be made to maintain and where possible to restore the land,

vegetation, water, wildlife, and other resources upon which depend

economic growth and human well-being, especially of the poor.

(c) Implementation considerations applicable to programs and

projects

(1) The President, in implementing programs and projects under

this part and part X of this subchapter, shall take fully into

account the impact of such programs and projects upon the

environment and natural resources of developing countries. Subject

to such procedures as the President considers appropriate, the

President shall require all agencies and officials responsible for

programs or projects under this part and part X of this subchapter

-

(A) to prepare and take fully into account an environmental

impact statement for any program or project under this part and

part X of this subchapter significantly affecting the environment

of the global commons outside the jurisdiction of any country,

the environment of the United States, or other aspects of the

environment which the President may specify; and

(B) to prepare and take fully into account an environmental

assessment of any proposed program or project under this part and

part X of this subchapter significantly affecting the environment

of any foreign country.

Such agencies and officials should, where appropriate, use local

technical resources in preparing environmental impact statements

and environmental assessments pursuant to this subsection.

(2) The President may establish exceptions from the requirements

of this subsection for emergency conditions and for cases in which

compliance with those requirements would be seriously detrimental

to the foreign policy interests of the United States.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 117, formerly Sec. 118, as added Pub.

L. 95-88, title I, Sec. 113(a), Aug. 3, 1977, 91 Stat. 537; amended

Pub. L. 95-424, title I, Sec. 110, Oct. 6, 1978, 92 Stat. 948; Pub.

L. 96-53, title I, Sec. 122, Aug. 14, 1979, 93 Stat. 366; Pub. L.

97-113, title III, Sec. 307, Dec. 29, 1981, 95 Stat. 1533;

renumbered Sec. 117 and amended Pub. L. 99-529, title III, Sec.

301(1), (2), Oct. 24, 1986, 100 Stat. 3014; Pub. L. 101-513, title

V, Sec. 562(d)(4), Nov. 5, 1990, 104 Stat. 2031.)

-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

Other sections 117 of Pub. L. 87-195, pt. I, were classified to

section 2151o of this title prior to repeal by Pub. L. 95-424 and

Pub. L. 103-149.

-MISC2-

AMENDMENTS

1990 - Subsec. (c)(1). Pub. L. 101-513 inserted "and part X of

this subchapter" after "this part" wherever appearing.

1986 - Subsec. (d). Pub. L. 99-529, Sec. 301(2), struck out

subsec. (d) relating to loss of tropical forests in developing

countries. See section 2151p-1 of this title.

1981 - Pub. L. 97-113 amended section generally, substituting

subsecs. (a) to (d) for former subsecs. (a) and (b) which

authorized President to furnish assistance under this subchapter

for developing and strengthening capacity of less developed

countries to protect and manage their environment and natural

resources and directed President to take into consideration

environmental consequences of development actions in carrying out

this part.

1979 - Subsec. (c). Pub. L. 96-53 repealed subsec. (c) which

related to studies and report to Congress by the President on the

identification of major environmental and natural resource

problems.

1978 - Pub. L. 95-424 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

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.

-MISC3-

CLEAN WATER FOR THE AMERICAS PARTNERSHIP

Pub. L. 107-228, div. A, title VI, subtitle D, Sept. 30, 2002,

116 Stat. 1402, provided that:

"SEC. 641. SHORT TITLE.

"This subtitle may be cited as the 'Clean Water for the Americas

Partnership Act of 2002'.

"SEC. 642. DEFINITIONS.

"In this subtitle:

"(1) Joint project. - The term 'joint project' means a project

between a United States association or nonprofit entity and a

Latin American or Caribbean association or nongovernmental

organization.

"(2) Latin american or caribbean nongovernmental organization.

- The term 'Latin American or Caribbean nongovernmental

organization' includes any institution of higher education, any

private nonprofit entity involved in international education

activities, or any research institute or other research

organization, based in the region.

"(3) Region. - The term 'region' refers to the region comprised

of the member countries of the Organization of American States

(other than the United States and Canada).

"(4) United states association. - The term 'United States

association' means a business league described in section

501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C.

501(c)(6)), and exempt from taxation under section 501(a) of such

Code (26 U.S.C. 501(a)).

"(5) United states nonprofit entity. - The term 'United States

nonprofit entity' includes any institution of higher education

(as defined in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)), any private nonprofit entity involved in

international education activities, or any research institute or

other research organization, based in the United States.

"SEC. 643. ESTABLISHMENT OF PROGRAM.

"The President is authorized to establish a program which shall

be known as the 'Clean Water for the Americas Partnership'.

"SEC. 644. ENVIRONMENTAL ASSESSMENT.

"The President is authorized to conduct a comprehensive

assessment of the environmental problems in the region to determine

-

"(1) which environmental problems threaten human health the

most, particularly the health of the urban poor;

"(2) which environmental problems are most threatening, in the

long-term, to the region's natural resources;

"(3) which countries have the most pressing environmental

problems; and

"(4) whether and to what extent there is a market for United

States environmental technology, practices, knowledge, and

innovations in the region.

"SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.

"(a) Authority To Establish. - The President, acting through the

Director General of the United States and Foreign Commercial

Service of the Department of Commerce, is authorized to establish

Technology America Centers (TEAMs) in the region to serve the

entire region and, where appropriate, to establish TEAMs in urban

areas of the region to focus on urban environmental problems.

"(b) Functions. - The TEAMs would link United States private

sector environmental technology firms with local partners, both

public and private, by providing logistic and information support

to United States firms seeking to find local partners and

opportunities for environmental projects. TEAMs should emphasize

assisting United States small businesses.

"(c) Location. - In determining whether to locate a TEAM in a

country, the President, acting through the Director General of the

United States and Foreign Commercial Service of the Department of

Commerce, shall take into account the country's need for logistic

and informational support and the opportunities presented for

United States firms in the country. A TEAM may be located in a

country without regard to whether a mission of the United States

Agency for International Development is established in that

country.

"SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND

ENERGY EFFICIENCY.

"Subject to the availability of appropriations, the President is

authorized to provide matching grants to United States associations

and United States nonprofit entities for the purpose of promoting

water quality, water treatment systems, and energy efficiency in

the region. The grants shall be used to support joint projects,

including professional exchanges, academic fellowships, training

programs in the United States or in the region, cooperation in

regulatory review, development of training materials, the

establishment and development in the region of local chapters of

the associations or nonprofit entities, and the development of

online exchanges.

"SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED

SUBREGION.

"(a) Grant Authority. -

"(1) In general. - Subject to the availability of

appropriations, the Director of the Trade and Development Agency

is authorized to make grants for prefeasibility studies for water

projects in any country within a single subregion or in a single

country designated under paragraph (2).

"(2) Designation of subregion. - The Director of the Trade and

Development Agency shall designate in advance a single subregion

or a single country for purposes of paragraph (1).

"(b) Matching Requirement. - The Director of the Trade and

Development Agency may not make any grant under this section unless

there are made available non-Federal contributions in an amount

equal to not less than 25 percent of the amount of Federal funds

provided under the grant.

"(c) Limitation Per Single Project. - With respect to any single

project, grant funds under this section shall be available only for

the prefeasibility portion of that project.

"(d) Definitions. - In this section:

"(1) Prefeasibility. - The term 'prefeasibility' means, with

respect to a project, not more than 25 percent of the design

phase of the project.

"(2) Subregion. - The term 'subregion' means an area within the

region and includes areas such as Central America, the Andean

region, and the Southern cone.

"SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.

"(a) In General. - The President is authorized to establish a

Clean Water Technical Support Committee (in this section referred

to as the 'Committee') to provide technical support and training

services for individual water projects.

"(b) Composition. - The Committee shall consist of international

investors, lenders, water service providers, suppliers, advisers,

and others with a direct interest in accelerating development of

water projects in the region.

"(c) Functions. - Members of the Committee shall act as field

advisers and may form specialized working groups to provide

in-country training and technical assistance, and shall serve as a

source of technical support to resolve barriers to project

development.

"SEC. 649. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - There are authorized to be appropriated to the

President $10,000,000 for each of the fiscal years 2003, 2004, and

2005 to carry out this subtitle.

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

subsection (a) are authorized to remain available until expended.

"SEC. 650. REPORT.

"Eighteen months after the establishment of the program pursuant

to section 643, the President shall submit a report to the

appropriate congressional committees containing -

"(1) an assessment of the progress made in carrying out the

program established under this subtitle; and

"(2) any recommendations for the enactment of legislation to

make changes in the program established under this subtitle.

"SEC. 651. TERMINATION DATE.

"(a) In General. - Except as provided in subsection (b), the

authorities of this subtitle shall terminate 3 years after the date

of establishment of the program described in section 643.

"(b) Exception. - In lieu of the termination date specified in

subsection (a), the termination required by that subsection shall

take effect five years after the date of establishment of the

program described in section 643 if, prior to the termination date

specified in subsection (a), the President determines and certifies

to the appropriate congressional committees that it would be in the

national interest of the United States to continue the program

described in such section 643 for an additional 2-year period.

"SEC. 652. EFFECTIVE DATE.

"This subtitle shall take effect 90 days after the date of

enactment of this Act [Sept. 30, 2002]."

[For definition of "appropriate congressional committees" as used

in subtitle D of title VI of div. A of Pub. L. 107-228, set out

above, see section 3 of Pub. L. 107-228, set out as a note under

section 2651 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2191, 2199 of this title.

-End-

-CITE-

22 USC Sec. 2151p-1 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. 2151p-1. Tropical forests

-STATUTE-

(a) Importance of forests and tree cover

In enacting section 2151a(b)(3) of this title the Congress

recognized the importance of forests and tree cover to the

developing countries. The Congress is particularly concerned about

the continuing and accelerating alteration, destruction, and loss

of tropical forests in developing countries, which pose a serious

threat to development and the environment. Tropical forest

destruction and loss -

(1) result in shortages of wood, especially wood for fuel; loss

of biologically productive wetlands; siltation of lakes,

reservoirs, and irrigation systems; floods; destruction of

indigenous peoples; extinction of plant and animal species;

reduced capacity for food production; and loss of genetic

resources; and

(2) can result in desertification and destabilization of the

earth's climate.

Properly managed tropical forests provide a sustained flow of

resources essential to the economic growth of developing countries,

as well as genetic resources of value to developed and developing

countries alike.

(b) Priorities

The concerns expressed in subsection (a) of this section and the

recommendations of the United States Interagency Task Force on

Tropical Forests shall be given high priority by the President -

(1) in formulating and carrying out programs and policies with

respect to developing countries, including those relating to

bilateral and multilateral assistance and those relating to

private sector activities; and

(2) in seeking opportunities to coordinate public and private

development and investment activities which affect forests in

developing countries.

(c) Assistance to developing countries

In providing assistance to developing countries, the President

shall do the following:

(1) Place a high priority on conservation and sustainable

management of tropical forests.

(2) To the fullest extent feasible, engage in dialogues and

exchanges of information with recipient countries -

(A) which stress the importance of conserving and sustainably

managing forest resources for the long-term economic benefit of

those countries, as well as the irreversible losses associated

with forest destruction, and

(B) which identify and focus on policies of those countries

which directly or indirectly contribute to deforestation.

(3) To the fullest extent feasible, support projects and

activities -

(A) which offer employment and income alternatives to those

who otherwise would cause destruction and loss of forests, and

(B) which help developing countries identify and implement

alternatives to colonizing forested areas.

(4) To the fullest extent feasible, support training programs,

educational efforts, and the establishment or strengthening of

institutions which increase the capacity of developing countries

to formulate forest policies, engage in relevant land-use

planning, and otherwise improve the management of their forests.

(5) To the fullest extent feasible, help end destructive

slash-and-burn agriculture by supporting stable and productive

farming practices in areas already cleared or degraded and on

lands which inevitably will be settled, with special emphasis on

demonstrating the feasibility of agroforestry and other

techniques which use technologies and methods suited to the local

environment and traditional agricultural techniques and feature

close consultation with and involvement of local people.

(6) To the fullest extent feasible, help conserve forests which

have not yet been degraded, by helping to increase production on

lands already cleared or degraded through support of

reforestation, fuelwood, and other sustainable forestry projects

and practices, making sure that local people are involved at all

stages of project design and implementation.

(7) To the fullest extent feasible, support projects and other

activities to conserve forested watersheds and rehabilitate those

which have been deforested, making sure that local people are

involved at all stages of project design and implementation.

(8) To the fullest extent feasible, support training, research,

and other actions which lead to sustainable and more

environmentally sound practices for timber harvesting, removal,

and processing, including reforestation, soil conservation, and

other activities to rehabilitate degraded forest lands.

(9) To the fullest extent feasible, support research to expand

knowledge of tropical forests and identify alternatives which

will prevent forest destruction, loss, or degradation, including

research in agroforestry, sustainable management of natural

forests, small-scale farms and gardens, small-scale animal

husbandry, wider application of adopted traditional practices,

and suitable crops and crop combinations.

(10) To the fullest extent feasible, conserve biological

diversity in forest areas by -

(A) supporting and cooperating with United States Government

agencies, other donors (both bilateral and multilateral), and

other appropriate governmental, intergovernmental, and

nongovernmental organizations in efforts to identify,

establish, and maintain a representative network of protected

tropical forest ecosystems on a worldwide basis;

(B) whenever appropriate, making the establishment of

protected areas a condition of support for activities involving

forest clearance or degradation; and

(C) helping developing countries identify tropical forest

ecosystems and species in need of protection and establish and

maintain appropriate protected areas.

(11) To the fullest extent feasible, engage in efforts to

increase the awareness of United States Government agencies and

other donors, both bilateral and multilateral, of the immediate

and long-term value of tropical forests.

(12) To the fullest extent feasible, utilize the resources and

abilities of all relevant United States Government agencies.

(13) Require that any program or project under this part

significantly affecting tropical forests (including projects

involving the planting of exotic plant species) -

(A) be based upon careful analysis of the alternatives

available to achieve the best sustainable use of the land, and

(B) take full account of the environmental impacts of the

proposed activities on biological diversity,

as provided for in the environmental procedures of the Agency for

International Development.

(14) Deny assistance under this part for -

(A) the procurement or use of logging equipment, unless an

environmental assessment indicates that all timber harvesting

operations involved will be conducted in an environmentally

sound manner which minimizes forest destruction and that the

proposed activity will produce positive economic benefits and

sustainable forest management systems; and

(B) actions which significantly degrade national parks or

similar protected areas which contain tropical forests or

introduce exotic plants or animals into such areas.

(15) Deny assistance under this part for the following

activities unless an environmental assessment indicates that the

proposed activity will contribute significantly and directly to

improving the livelihood of the rural poor and will be conducted

in an environmentally sound manner which supports sustainable

development:

(A) Activities which would result in the conversion of forest

lands to the rearing of livestock.

(B) The construction, upgrading, or maintenance of roads

(including temporary haul roads for logging or other extractive

industries) which pass through relatively undegraded forest

lands.

(C) The colonization of forest lands.

(D) The construction of dams or other water control

structures which flood relatively undegraded forest lands.

(d) PVOs and other nongovernmental organizations

Whenever feasible, the President shall accomplish the objectives

of this section through projects managed by private and voluntary

organizations or international, regional, or national

nongovernmental organizations which are active in the region or

country where the project is located.

(e) Country analysis requirements

Each country development strategy statement or other country plan

prepared by the Agency for International Development shall include

an analysis of -

(1) the actions necessary in that country to achieve

conservation and sustainable management of tropical forests, and

(2) the extent to which the actions proposed for support by the

Agency meet the needs thus identified.

(f) Annual report

Each annual report required by section 2394(a) of this title

shall include a report on the implementation of this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 118, as added Pub. L. 99-529, title

III, Sec. 301(3), Oct. 24, 1986, 100 Stat. 3014.)

-MISC1-

PRIOR PROVISIONS

A prior section 118 of Pub. L. 87-195, pt. I, was renumbered

section 117 and is classified to section 2151p 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 2191 of this title.

-End-

-CITE-

22 USC Sec. 2151q 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. 2151q. Endangered species

-STATUTE-

(a) Congressional findings and purposes

The Congress finds the survival of many animal and plant species

is endangered by over-hunting, by the presence of toxic chemicals

in water, air and soil, and by the destruction of habitats. The

Congress further finds that the extinction of animal and plant

species is an irreparable loss with potentially serious

environmental and economic consequences for developing and

developed countries alike. Accordingly, the preservation of animal

and plant species through the regulation of the hunting and trade

in endangered species, through limitations on the pollution of

natural ecosystems, and through the protection of wildlife habitats

should be an important objective of the United States development

assistance.

(b) Remedial measures

In order to preserve biological diversity, the President is

authorized to furnish assistance under subchapter I of this

chapter, notwithstanding section 2420 of this title, to assist

countries in protecting and maintaining wildlife habitats and in

developing sound wildlife management and plant conservation

programs. Special efforts should be made to establish and maintain

wildlife sanctuaries, reserves, and parks; to enact and enforce

anti-poaching measures; and to identify, study, and catalog animal

and plant species, especially in tropical environments.

(c) Funding level

For fiscal year 1987, not less than $2,500,000 of the funds

available to carry out subchapter I of this chapter (excluding

funds made available to carry out section 2151b(c)(2) of this

title, relating to the Child Survival Fund) shall be allocated for

assistance pursuant to subsection (b) of this section for

activities which were not funded prior to fiscal year 1987. In

addition, the Agency for International Development shall, to the

fullest extent possible, continue and increase assistance pursuant

to subsection (b) of this section for activities for which

assistance was provided in fiscal years prior to fiscal year 1987.

(d) Country analysis requirements

Each country development strategy statement or other country plan

prepared by the Agency for International Development shall include

an analysis of -

(1) the actions necessary in that country to conserve

biological diversity, and

(2) the extent to which the actions proposed for support by the

Agency meet the needs thus identified.

(e) Local involvement

To the fullest extent possible, projects supported under this

section shall include close consultation with and involvement of

local people at all stages of design and implementation.

(f) PVOs and other nongovernmental organizations

Whenever feasible, the objectives of this section shall be

accomplished through projects managed by appropriate private and

voluntary organizations, or international, regional, or national

nongovernmental organizations, which are active in the region or

country where the project is located.

(g) Actions by AID

The Administrator of the Agency for International Development

shall -

(1) cooperate with appropriate international organizations,

both governmental and nongovernmental;

(2) look to the World Conservation Strategy as an overall guide

for actions to conserve biological diversity;

(3) engage in dialogues and exchanges of information with

recipient countries which stress the importance of conserving

biological diversity for the long-term economic benefit of those

countries and which identify and focus on policies of those

countries which directly or indirectly contribute to loss of

biological diversity;

(4) support training and education efforts which improve the

capacity of recipient countries to prevent loss of biological

diversity;

(5) whenever possible, enter into long-term agreements in which

the recipient country agrees to protect ecosystems or other

wildlife habitats recommended for protection by relevant

governmental or nongovernmental organizations or as a result of

activities undertaken pursuant to paragraph (6), and the United

States agrees to provide, subject to obtaining the necessary

appropriations, additional assistance necessary for the

establishment and maintenance of such protected areas;

(6) support, as necessary and in cooperation with the

appropriate governmental and nongovernmental organizations,

efforts to identify and survey ecosystems in recipient countries

worthy of protection;

(7) cooperate with and support the relevant efforts of other

agencies of the United States Government, including the United

States Fish and Wildlife Service, the National Park Service, the

Forest Service, and the Peace Corps;

(8) review the Agency's environmental regulations and revise

them as necessary to ensure that ongoing and proposed actions by

the Agency do not inadvertently endanger wildlife species or

their critical habitats, harm protected areas, or have other

adverse impacts on biological diversity (and shall report to the

Congress within a year after October 24, 1986, on the actions

taken pursuant to this paragraph);

(9) ensure that environmental profiles sponsored by the Agency

include information needed for conservation of biological

diversity; and

(10) deny any direct or indirect assistance under this part for

actions which significantly degrade national parks or similar

protected areas or introduce exotic plants or animals into such

areas.

(h) Annual reports

Each annual report required by section 2394(a) of this title

shall include, in a separate volume, a report on the implementation

of this section.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 119, as added Pub. L. 98-164, title

VII, Sec. 702, Nov. 22, 1983, 97 Stat. 1045; amended Pub. L.

99-529, title III, Sec. 302, Oct. 24, 1986, 100 Stat. 3017; Pub. L.

101-167, title V, Sec. 533(d)(4)(A), Nov. 21, 1989, 103 Stat.

1227.)

-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 2151q, Pub. L. 87-195, pt. I, Sec. 119, as added

Pub. L. 95-88, title I, Sec. 114, Aug. 3, 1977, 91 Stat. 538;

amended Pub. L. 95-424, title I, Sec. 111, Oct. 6, 1978, 92 Stat.

948; Pub. L. 96-53, title I, Secs. 104(c), 107, Aug. 14, 1979, 93

Stat. 362, related to renewable and unconventional energy

technologies, prior to repeal by Pub. L. 96-533, title III, Sec.

304(g), Dec. 16, 1980, 94 Stat. 3147.

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-167 inserted ", notwithstanding

section 2420 of this title," after "subchapter I of this chapter".

1986 - Subsec. (c). Pub. L. 99-529 added subsec. (c) and struck

out former subsec. (c) which read as follows: "The Administrator of

the Agency for International Development, in conjunction with the

Secretary of State, the Secretary of the Interior, the

Administrator of the Environmental Protection Agency, the Chairman

of the Council on Environmental Quality, and the heads of other

appropriate Government agencies, shall develop a United States

strategy, including specific policies and programs, to protect and

conserve biological diversity in developing countries."

Subsec. (d). Pub. L. 99-529 added subsec. (d) and struck out

former subsec. (d) which read as follows: "Each annual report

required by section 2394(a) of this title shall include, in a

separate volume, a report on the implementation of this subsection.

Not later than one year after November 22, 1983, the President

shall submit a comprehensive report to the Speaker of the House of

Representatives and the chairman of the Committee on Foreign

Relations of the Senate on the United States strategy to protect

and conserve biological diversity in developing countries."

Subsecs. (e) to (h). Pub. L. 99-529 added subsecs. (e) to (h).

SHORT TITLE

For short title of title VII of Pub. L. 98-164, which enacted

this section and amended section 2452 of this title, as the

"International Environment Protection Act of 1983", see section 701

of Pub. L. 98-164, set out as a Short Title of 1983 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.

-MISC2-

INCREASED INTERNATIONAL COOPERATION TO PROTECT BIOLOGICAL DIVERSITY

Pub. L. 100-530, Oct. 25, 1988, 102 Stat. 2651, provided that

Congress supports United States efforts, consistent with 22 U.S.C.

2151q(g), to initiate discussions to develop an international

agreement to preserve biological diversity and calls upon the

President to continue exerting United States leadership in order to

achieve the earliest possible negotiation of an international

convention to conserve biological diversity, and directed the

President to submit a report to Congress on progress toward goal of

negotiating such convention not later than one year after Oct. 25,

1988.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2191 of this title.

-End-

-CITE-

22 USC Sec. 2151r 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. 2151r. Sahel development program; planning

-STATUTE-

(a) Congressional support

The Congress reaffirms its support of the initiative of the

United States Government in undertaking consultations and planning

with the countries concerned, with other nations providing

assistance, with the United Nations, and with other concerned

international and regional organizations, toward the development

and support of a comprehensive long-term African Sahel development

program.

(b) Presidential authorization

The President is authorized to develop a long-term comprehensive

development program for the Sahel and other drought-stricken

nations in Africa.

(c) Presidential guidelines

In developing this long-term program, the President shall -

(1) consider international coordination for the planning and

implementation of such program;

(2) seek greater participation and support by African countries

and organizations in determining development priorities; and

(3) begin such planning immediately.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 120, formerly pt. III, Sec. 639B, as

added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87 Stat. 725;

renumbered pt. I, Sec. 494B and amended Pub. L. 94-161, title I,

Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I,

Sec. 120 and amended Pub. L. 95-88, title I, Sec. 115(1), (2), Aug.

3, 1977, 91 Stat. 539; Pub. L. 95-424, title V, Sec. 502(d)(1),

Oct. 6, 1978, 92 Stat. 959.)

-COD-

CODIFICATION

Section was formerly classified to sections 2292e and 2399-1b of

this title.

-MISC1-

AMENDMENTS

1978 - Subsec. (d). Pub. L. 95-424 struck out subsec. (d)

authorizing appropriations for development of a long-term African

Sahel development program.

1977 - Pub. L. 95-88, Sec. 115(2), substituted "Sahel" for

"African" in section catchline.

1975 - Pub. L. 94-161, Sec. 101(7)(A), struck out "Sahel" after

"African" in section catchline.

Subsec. (a). Pub. L. 94-161, Sec. 101(7)(B), (C), designated

existing provisions as subsec. (a) and substituted "Congress

reaffirms its support of" for "Congress supports".

Subsecs. (b) to (d). Pub. L. 94-161, Sec. 101(7)(D), 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.

-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. 2151s 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. 2151s. Repealed. Pub. L. 101-513, title V, Sec. 562(d)(5),

Nov. 5, 1990, 104 Stat. 2031

-MISC1-

Section, Pub. L. 87-195, pt. I, Sec. 121, as added Pub. L. 95-88,

title I, Sec. 115(3), Aug. 3, 1977, 91 Stat. 539; amended Pub. L.

96-53, title I, Sec. 108, Aug. 14, 1979, 93 Stat. 363; Pub. L.

96-533, title III, Sec. 306, Dec. 16, 1980, 94 Stat. 3147; Pub. L.

97-113, title III, Sec. 308, Dec. 29, 1981, 95 Stat. 1535; Pub. L.

99-83, title VIII, Sec. 809, Aug. 8, 1985, 99 Stat. 263, related to

Sahel development program.

-End-

-CITE-

22 USC Sec. 2151t 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. 2151t. Development assistance authority

-STATUTE-

(a) Authority of President to furnish assistance

In order to carry out the purposes of this part, the President is

authorized to furnish assistance, on such terms and conditions as

he may determine, to countries and areas through programs of grant

and loan assistance, bilaterally or through regional, multilateral,

or private entities.

(b) Authority of President to make loans; terms and conditions

The President is authorized to make loans payable as to principal

and interest in United States dollars on such terms and conditions

as he may determine, in order to promote the economic development

of countries and areas, with emphasis upon assisting long-range

plans and programs designed to develop economic resources and

increase productive capacities. The President shall determine the

interest payable on any loan. In making loans under this part, the

President shall consider the economic circumstances of the borrower

and other relevant factors, including the capacity of the recipient

country to repay the loan at a reasonable rate of interest, except

that loans may not be made at a rate of interest of less than 3 per

centum per annum commencing not later than ten years following the

date on which the funds are initially made available under the

loan, during which ten-year period the rate of interest shall not

be lower than 2 per centum per annum, nor higher than the

applicable legal rate of interest of the country in which the loan

is made.

(c) Dollar receipts from loans to be paid into Treasury

Dollar receipts paid during any fiscal year from loans made under

subchapter I of this chapter or from loans made under predecessor

foreign assistance legislation shall be deposited in the Treasury

as miscellaneous receipts.

(d) Assistance to research and educational institutions in United

States; limitation on amounts

Not to exceed $10,000,000 of the funds made available each fiscal

year for the purposes of this part may be used for assistance, on

such terms and conditions as the President may determine, to

research and educational institutions in the United States for the

purpose of strengthening their capacity to develop and carry out

programs concerned with the economic and social development of

developing countries.

(e) Development Loan Committee; establishment; duties; appointment

of officers

The President shall establish an interagency Development Loan

Committee, consisting of such officers from such agencies of the

United States Government as he may determine, which shall, under

the direction of the President, establish standards and criteria

for lending operations under this part in accordance with the

foreign and financial policies of the United States. Except in the

case of officers serving in positions to which they were appointed

by the President by and with the advice and consent of the Senate,

officers assigned to the Committee shall be so assigned by the

President by and with the advice and consent of the Senate.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 122, as added Pub. L. 95-424, title I,

Sec. 102(a), (b)(1), (c)(1), (d), Oct. 6, 1978, 92 Stat. 940, 941.)

-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

Subsec. (b) of this section consists of provisions formerly

contained in subsections (b), (c), and (d) of section 2161 of this

title. Subsec. (e) of this section consists of provisions formerly

contained in section 2164 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2220d, 2221, 2351 of this

title.

-End-

-CITE-

22 USC Sec. 2151t-1 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. 2151t-1. Establishment of program

-STATUTE-

(a) In general

In carrying out part I of the Foreign Assistance Act of 1961 [22

U.S.C. 2151 et seq.] and other relevant foreign assistance laws,

the President, acting through the Administrator of the United

States Agency for International Development, shall establish a

program of training and other technical assistance to assist

foreign countries in -

(1) developing and strengthening laws and regulations to

protect intellectual property; and

(2) developing the infrastructure necessary to implement and

enforce such laws and regulations.

(b) Participation of other agencies

The Administrator of the United States Agency for International

Development -

(1) shall utilize the expertise of the Patent and Trademark

Office and other agencies of the United States Government in

designing and implementing the program of assistance provided for

in this section;

(2) shall coordinate assistance under this section with efforts

of other agencies of the United States Government to increase

international protection of intellectual property, including

implementation of international agreements containing high levels

of protection of intellectual property; and

(3) shall consult with the heads of such other agencies in

determining which foreign countries will receive assistance under

this section.

-SOURCE-

(Pub. L. 103-392, title V, Sec. 501, Oct. 22, 1994, 108 Stat.

4103.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I

of the Act is classified generally to subchapter I (Sec. 2151 et

seq.) of this chapter. For provisions deeming references to

subchapter I 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, see section 202(b) of Pub. L. 92-228, set out as a note

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

of this title. 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

Section was enacted as part of the Jobs Through Trade Expansion

Act of 1994, and not as part of the Foreign Assistance Act of 1961

which comprises this chapter.

-End-

-CITE-

22 USC Sec. 2151u 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. 2151u. Private and voluntary organizations and cooperatives in

overseas development

-STATUTE-

(a) Congressional finding of importance of participation by private

and voluntary organizations

The Congress finds that the participation of rural and urban poor

people in their countries' development can be assisted and

accelerated in an effective manner through an increase in

activities planned and carried out by private and voluntary

organizations and cooperatives. Such organizations and

cooperatives, embodying the American spirit of self-help and

assistance to others to improve their lives and incomes, constitute

an important means of mobilizing private American financial and

human resources to benefit poor people in developing countries. The

Congress declares that it is in the interest of the United States

that such organizations and cooperatives expand their overseas

development efforts without compromising their private and

independent nature. The Congress further declares that the

financial resources of such organizations and cooperatives should

be supplemented by the contribution of public funds for the purpose

of undertaking development activities in accordance with the

principles set forth in section 2151-1 of this title and, if

necessary and determined on a case-by-case basis, for the purpose

of sharing the cost of developing programs related to such

activities. The Congress urges the Administrator of the agency

primarily responsible for administering subchapter I of this

chapter, in implementing programs authorized under subchapter I of

this chapter, to draw on the resource of private and voluntary

organizations and cooperatives to plan and carry out development

activities and to establish simplified procedures for the

development and approval of programs to be carried out by such

private and voluntary organizations and cooperatives as have

demonstrated a capacity to undertake effective development

activities.

(b) Payment of transportation charges on shipments by American

National Red Cross and United States voluntary agencies

In order to further the efficient use of United States voluntary

contributions for development, relief, and rehabilitation of

friendly peoples, the President is authorized to use funds made

available for the purposes of this part and part X of this

subchapter to pay transportation charges on shipments by the

American National Red Cross and by United States voluntary agencies

registered with the Agency for International Development.

(c) Reimbursement for transportation charges

Reimbursement under this section may be provided for

transportation charges on shipments from United States ports, or in

the case of excess or surplus property supplied by the United

States from foreign ports, to ports of entry abroad or to points of

entry abroad in cases (1) of landlocked countries, (2) where ports

cannot be used effectively because of natural or other

disturbances, (3) where carriers to a specified country are

unavailable, or (4) where a substantial savings in costs or time

can be effected by the utilization of points of entry other than

ports.

(d) Arrangements with receiving country for free entry of shipments

and for availability of local currency to defray transportation

costs

Where practicable, the President shall make arrangements with the

receiving country for free entry of such shipments and for the

making available by the country of local currencies for the purpose

of defraying the transportation costs of such shipments from the

port or point of entry of the receiving country to the designated

shipping point of the consignee.

(e) Continuation of support for programs in countries antedating

prohibitions on assistance; national interest considerations;

report to Congress

Prohibitions on assistance to countries contained in this chapter

or any other Act shall not be construed to prohibit assistance by

the agency primarily responsible for administering subchapter I of

this chapter in support of programs of private and voluntary

organizations and cooperatives already being supported prior to the

date such prohibition becomes applicable. The President shall take

into consideration, in any case in which statutory prohibitions on

assistance would be applicable but for this subsection, whether

continuation of support for such programs is in the national

interest of the United States. If the President continues such

support after such date, he shall prepare and transmit, not later

than one year after such date, to the Speaker of the House of

Representatives and to the chairman of the Committee on Foreign

Relations of the Senate a report setting forth the reasons for such

continuation.

(f) Funds for private and voluntary organizations

For each of the fiscal years 1986 through 1989, funds in an

amount not less than thirteen and one half percent of the aggregate

amount appropriated for that fiscal year to carry out sections

2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2151s,(!1) and 2292 of

this title shall be made available for the activities of private

and voluntary organizations, and the President shall seek to

channel funds in an amount not less than 16 percent of such

aggregate amount for the activities of private and voluntary

organizations. Funds made available under part IV of subchapter II

of this chapter for the activities of private and voluntary

organizations may be considered in determining compliance with the

requirements of this subsection.

(g) Repealed. Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct.

21, 1998, 112 Stat. 2681-150, 2681-156

(h) Promotion of democratic cooperatives

The Congress recognizes that, in addition to their role in social

and economic development, cooperatives provide an opportunity for

people to participate directly in democratic decisionmaking.

Therefore, assistance under this part shall be provided to rural

and urban cooperatives which offer large numbers of low- and

middle-income people in developing countries an opportunity to

participate directly in democratic decisionmaking. Such assistance

shall be designed to encourage the adoption of self-help, private

sector cooperative techniques and practices which have been

successful in the United States.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 123, as added Pub. L. 95-424, title I,

Sec. 102(e), Oct. 6, 1978, 92 Stat. 941; amended Pub. L. 96-53,

title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 96-533,

title III, Sec. 307, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97-113,

title III, Sec. 309, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99-83,

title III, Secs. 309, 310, Aug. 8, 1985, 99 Stat. 215; Pub. L.

101-513, title V, Sec. 562(d)(6), Nov. 5, 1990, 104 Stat. 2031;

Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct. 21, 1998, 112

Stat. 2681-150, 2681-156.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (e), 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.

Section 2151s of this title, referred to in subsec. (f), was

repealed by Pub. L. 101-513, title V, Sec. 562(d)(5), Nov. 5, 1990,

104 Stat. 2031.

-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

1998 - Subsec. (g). Pub. L. 105-277 struck out subsec. (g) which

read as follows: "After December 31, 1984, funds made available to

carry out section 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2292,

or 2293 of this title may not be made available for programs of any

United States private and voluntary organization which does not

obtain at least 20 percent of its total annual financial support

for its international activities from sources other than the United

States Government, except that this restriction does not apply with

respect to programs which, as of that date, are receiving financial

support from the agency primarily responsible for administering

subchapter I of this chapter. The Administrator of the agency

primarily responsible for administering subchapter I of this

chapter may, on a case-by-case basis, waive the restriction

established by this subsection, after taking into account the

effectiveness of the overseas development activities of the

organization, its level of volunteer support, its financial

viability and stability, and the degree of its dependence for its

financial support on the agency primarily responsible for

administering subchapter I of this chapter."

1990 - Subsec. (b). Pub. L. 101-513, Sec. 562(d)(6)(A), inserted

"and part X of this subchapter" after "this part".

Subsec. (g). Pub. L. 101-513, Sec. 562(d)(6)(B), substituted

"2292, or 2293" for "2191s, or 2292".

1985 - Subsec. (e). Pub. L. 99-83, Sec. 309(a), substituted "one

year" for "thirty days".

Subsec. (f). Pub. L. 99-83, Sec. 309(b)(1), substituted "1986

through 1989" for "1982, 1983, and 1984".

Pub. L. 99-83, Sec. 309(b)(2), which directed the substitution of

"thirteen and one half" for "twelve" was executed by making the

substitution for "12" as the probable intent of Congress because

"twelve" did not appear in text.

Pub. L. 99-83, Sec. 309(b)(3), inserted provisions relating to

funds for determining compliance with subsec. (f).

Subsec. (h). Pub. L. 99-83, Sec. 310, added subsec. (h).

1981 - Subsecs. (f), (g). Pub. L. 97-113, Sec. 309, added

subsecs. (f) and (g).

1980 - Subsec. (a). Pub. L. 96-533, Sec. 307(1), (2), provided

for contribution of public funds to private and voluntary

organizations and cooperatives for purpose of sharing cost of

developing programs related to development activities and

encouraged establishment of simplified procedures for development

of programs to be carried out by such entities having a capacity

for undertaking effective development programs.

Subsec. (e). Pub. L. 96-533, Sec. 307(3), added subsec. (e).

1979 - Subsec. (b). Pub. L. 96-53 substituted "Agency for

International Development" for "Advisory Committee on Voluntary

Foreign Aid".

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

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.

-MISC2-

PRIVATE AND VOLUNTEER ORGANIZATIONS

Pub. L. 107-115, title V, Sec. 502(a), Jan. 10, 2002, 115 Stat.

2139, provided that: "None of the funds appropriated or otherwise

made available by this Act for development assistance may be made

available to any United States private and voluntary organization,

except any cooperative development organization, which obtains less

than 20 percent of its total annual funding for international

activities from sources other than the United States Government:

Provided, That the Administrator of the United States Agency for

International Development, after informing the Committees on

Appropriations, may, on a case-by-case basis, waive the restriction

contained in this subsection, after taking into account the

effectiveness of the overseas development activities of the

organization, its level of volunteer support, its financial

viability and stability, and the degree of its dependence for its

financial support on the agency."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-429, Sec. 101(a) [title II], Nov. 6, 2000, 114 Stat.

1900, 1900A-8.

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title II], Nov. 29,

1999, 113 Stat. 1535, 1501A-68.

Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct. 21, 1998,

112 Stat. 2681-150, 2681-156.

Pub. L. 105-118, title II, Nov. 26, 1997, 111 Stat. 2390.

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title II], Sept.

30, 1996, 110 Stat. 3009-121, 3009-126.

Pub. L. 104-107, title II, Feb. 12, 1996, 110 Stat. 708.

Pub. L. 103-306, title II, Aug. 23, 1994, 108 Stat. 1612.

Pub. L. 103-87, title II, Sept. 30, 1993, 107 Stat. 935.

Pub. L. 102-391, title II, Oct. 6, 1992, 106 Stat. 1642.

Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1987.

Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1204.

Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-9.

Pub. L. 100-202, Sec. 101(e) [title II], Dec. 22, 1987, 101 Stat.

1329-131, 1329-139.

Pub. L. 99-500, Sec. 101(f) [title II], Oct. 18, 1986, 100 Stat.

1783-213, 1783-218, and Pub. L. 99-591, Sec. 101(f) [title II],

Oct. 30, 1986, 100 Stat. 3341-214, 3341-218.

Pub. L. 99-190, Sec. 101(i) [title II], Dec. 19, 1985, 99 Stat.

1291, 1296.

Pub. L. 98-473, title I, Sec. 101(1) [title II], Oct. 12, 1984,

98 Stat. 1884, 1889; repealed by Pub. L. 105-277, div. A, Sec.

101(d) [title II], Oct. 21, 1998, 112 Stat. 2681-150, 2681-156.

STUDY AND REPORT CONCERNING USE OF PRIVATE AND VOLUNTARY

ORGANIZATIONS, COOPERATIVES, AND PRIVATE SECTOR

Section 311 of Pub. L. 99-83 provided that:

"(a) Study. - The Administrator of the Agency for International

Development shall undertake a comprehensive study of additional

ways to provide development assistance through nongovernmental

organizations, including United States and indigenous private and

voluntary organizations, cooperatives, the business community, and

other private entities. Such study shall include -

"(1) an analysis of the percentage of development assistance

allocated to governmental and nongovernmental programs;

"(2) an analysis of structural impediments, within both the

United States and foreign governments, to additional use of

nongovernmental programs; and

"(3) an analysis of the comparative economic benefits of

governmental and nongovernmental programs.

"(b) Report. - The Administrator shall report the results of this

study to the Congress no later than September 30, 1986."

AFRICAN DEVELOPMENT FOUNDATION

Section 122 of Pub. L. 95-424, as amended by Pub. L. 97-113,

title VII, Sec. 734(a)(5), Dec. 29, 1981, 95 Stat. 1560, provided

that:

"(a) The Congress declares that the United States should place

higher priority on the formulation and implementation of policies

and programs to enable the people of African nations to develop

their potential, fulfill their aspirations, and enjoy better, more

productive lives. In furtherance of these objectives, the Congress

finds that additional support is needed for community-based

self-help activities in Africa and that an African Development

Foundation, organized to further the purposes set forth in section

123 of the Foreign Assistance Act of 1961 [this section], can

complement current United States development programs in Africa.

"(b) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(5), Dec.

29, 1981, 95 Stat. 1560.]"

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2151v 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. 2151v. Aid to relatively least developed countries

-STATUTE-

(a) Characterization of least developed countries

Relatively least developed countries (as determined on the basis

of criteria comparable to those used for the United Nations General

Assembly list of "least developed countries") are characterized by

extreme poverty, very limited infrastructure, and limited

administrative capacity to implement basic human needs growth

strategies. In such countries special measures may be necessary to

insure the full effectiveness of assistance furnished under

subchapter I of this chapter.

(b) Assistance on grant basis

For the purpose of promoting economic growth in these countries,

the President is authorized and encouraged to make assistance under

this part available on a grant basis to the maximum extent that is

consistent with the attainment of United States development

objectives.

(c) Waiver of principal and interest on prior liability

(1) The Congress recognizes that the relatively least developed

countries have virtually no access to private international capital

markets. Insofar as possible, prior assistance terms should be

consistent with present grant assistance terms for relatively least

developed countries. Therefore, notwithstanding section 2370(r) of

this title and section 321 of the International Development and

Food Assistance Act of 1975 but subject to paragraph (2) of this

subsection, the President on a case-by-case basis, taking into

account the needs of the country for financial resources and the

commitment of the country to the development objectives set forth

in sections 2151 and 2151-1 of this title -

(A) may permit a relatively least developed country to place

amounts, which would otherwise be paid to the United States as

payments on principal or interest on liability incurred by that

country under subchapter I of this chapter (or any predecessor

legislation) into local currency accounts (in equivalent amounts

of local currencies as determined by the official exchange rate

for United States dollars) for use by the relatively least

developed country, with the concurrence of the Administrator of

the agency primarily responsible for administering subchapter I

of this chapter, for activities which are consistent with section

2151-1 of this title; and

(B) may waive interest payments on liability incurred by a

relatively least developed country under subchapter I of this

chapter (or any predecessor legislation) if the President

determines that that country would be unable to use for

development purposes the equivalent amounts of local currencies

which could be made available under subparagraph (A).

(2) The aggregate amount of interest waived and interest and

principal paid into local currency accounts under this subsection

in any fiscal year may not exceed the amount approved for such

purpose in an Act appropriating funds to carry out this part for

that fiscal year, which amount may not exceed the amount authorized

to be so approved by the annual authorizing legislation for

development assistance programs. Amounts due and payable during

fiscal year 1981 to the United States from relatively least

developed countries on loans made under this subchapter (or any

predecessor legislation) are authorized to be approved for use, in

accordance with the provisions of paragraph (1) of this subsection,

in an amount not to exceed $10,845,000.

(3) In exercising the authority granted by this subsection, the

President should act in concert with other creditor countries.

(d) Waiver of requirement of contribution

The President may on a case-by-case basis waive the requirement

of section 2151h(a) of this title for financial or "in kind"

contributions in the case of programs, projects, or activities in

relatively least developed countries.

(e) Waiver of time limitations on aid

Section 2151h(b) of this title shall not apply with respect to

grants to relatively least developed countries.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 124, as added Pub. L. 95-424, title I,

Sec. 112(a)(1), Oct. 6, 1978, 92 Stat. 948; amended Pub. L. 96-53,

title I, Sec. 109, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96-533,

title III, Sec. 308, Oct. 16, 1980, 94 Stat. 3147.)

-REFTEXT-

REFERENCES IN TEXT

Section 321 of the International Development and Food Assistance

Act of 1975, referred to in subsec. (c)(1), is section 321 of Pub.

L. 94-161, Dec. 20, 1975, 89 Stat. 868, which is set out as a note

under section 2220a 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.

AMENDMENTS

1980 - Subsec. (c)(2). Pub. L. 96-533 substituted "fiscal year

1981" and "$10,845,000" for "fiscal year 1980" and "$18,800,000",

respectively.

1979 - Subsec. (c)(2). Pub. L. 96-53 inserted provisions

respecting use of funds due and payable during fiscal year 1980 to

the United States.

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

Section 112(a)(2) of Pub. L. 94-424 provided that: "The authority

granted by section 124(c) of the Foreign Assistance Act of 1961

[subsec. (c) of this section] shall not become effective until

October 1, 1979."

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.

-MISC2-

PRESIDENTIAL AUTHORITY DURING FISCAL YEARS 1990 AND 1991

Pub. L. 100-461, title V, Sec. 572, Oct. 1, 1988, 102 Stat.

2268-44, provided that during fiscal years 1990 and 1991, President

could use authority of paragraphs (A) and (B) of subsection (c)(1)

of this section with respect to such aggregate amounts of principal

and interest payable during each of those fiscal years as President

determined, or at any time after Sept. 30, 1989, President could,

if he determined it was in national interest to do so, use

authority of those paragraphs with respect to such aggregate

amounts of outstanding principal and interest payable at any time

after that date, and that such authority could be exercised with

respect to specified countries, and be exercised notwithstanding

subsection (c)(2) of this section.

-End-

-CITE-

22 USC Sec. 2151w 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. 2151w. Project and program evaluations

-STATUTE-

(a) The Administrator of the agency primarily responsible for

administering subchapter I of this chapter is directed to improve

the assessment and evaluation of the programs and projects carried

out by that agency under this part. The Administrator shall consult

with the appropriate committees of the Congress in establishing

standards for such evaluations.

(b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,

1981, 95 Stat. 1560.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 125, as added Pub. L. 95-424, title I,

Sec. 113, Oct. 6, 1978, 92 Stat. 950; amended Pub. L. 97-113, title

VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-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 struck out subsec. (b) which

required an annual Presidential report on actions taken by the

international financial institutions and the United Nations

Development Program to improve the evaluation of their own

programs.

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.

-End-

-CITE-

22 USC Sec. 2151x 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. 2151x. Development and illicit narcotics production

-STATUTE-

(a) Congressional statement of findings

The Congress recognizes that illicit narcotics cultivation is

related to overall development problems and that the vast majority

of all individuals employed in the cultivation of illicit narcotics

reside in the developing countries and are among the poorest of the

poor in those countries and that therefore the ultimate success of

any effort to eliminate illicit narcotics production depends upon

the availability of alternative economic opportunities for those

individuals, upon other factors which assistance under this part

could address, as well as upon direct narcotics control efforts.

(b) Program planning priorities; resource utilization

(1) In planning programs of assistance under this part, and part

X of this subchapter, and under part IV of subchapter II of this

chapter for countries in which there is illicit narcotics

cultivation, the agency primarily responsible for administering

subchapter I of this chapter should give priority consideration to

programs which would help reduce illicit narcotics cultivation by

stimulating broader development opportunities.

(2) The agency primarily responsible for administering subchapter

I of this chapter may utilize resources for activities aimed at

increasing awareness of the effects of production and trafficking

of illicit narcotics on source and transit countries.

(c) Administrative requirements

In furtherance of the purposes of this section, the agency

primarily responsible for administering subchapter I of this

chapter shall cooperate fully with, and share its expertise in

development matters with, other agencies of the United States

Government involved in narcotics control activities abroad.

-SOURCE-

(Pub. L. 87-195, pt. I, Sec. 126, as added Pub. L. 96-53, title I,

Sec. 110, Aug. 14, 1979, 93 Stat. 363; amended Pub. L. 99-83, title

VI, Sec. 603, Aug. 8, 1985, 99 Stat. 228; Pub. L. 101-513, title V,

Sec. 562(d)(7), Nov. 5, 1990, 104 Stat. 2031.)

-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

1990 - Subsec. (b)(1). Pub. L. 101-513 inserted ", and part X of

this subchapter," after "this part".

1985 - Subsec. (b). Pub. L. 99-83 designated existing provisions

as par. (1), inserted reference to part IV of subchapter II of this

chapter, and added par. (2).

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, 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.

-End-

-CITE-

22 USC Sec. 2151x-1 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. 2151x-1. Assistance for agricultural and industrial

alternatives to narcotics production

-STATUTE-

(a) Waiver of restrictions

For the purpose of reducing dependence upon the production of

crops from which narcotic and psychotropic drugs are derived, the

President may provide assistance to a foreign country under chapter

1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151

and following; relating to development assistance) and chapter 4 of

part II of that Act (22 U.S.C. 2346 and following; relating to the

economic support fund) to promote the production, processing, or

the marketing of products or commodities, notwithstanding any other

provision of law that would otherwise prohibit the provision of

assistance to promote the production, processing, or the marketing

of such products or commodities.

(b) Effective date

Subsection (a) of this section applies with respect to funds made

available for fiscal year 1991 or any fiscal year thereafter.

-SOURCE-

(Pub. L. 101-623, Sec. 6, Nov. 21, 1990, 104 Stat. 3355.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (a),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter

1 of part I and chapter 4 of part II of the Act are classified

generally to part I (Sec. 2151 et seq.) of subchapter I and part IV

(Sec. 2346 et seq.) of subchapter II, respectively, of this

chapter. For provisions deeming references to part I of subchapter

I to include a reference to section 2293 of this title, see section

2293(d)(1) of this title. 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

Section was enacted as part of the International Narcotics

Control Act of 1990, and not as part of the Foreign Assistance Act

of 1961 which comprises this chapter.

-End-

-CITE-

22 USC Sec. 2151x-2 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. 2151x-2. Assistance in furtherance of narcotics control

objectives of United States

-STATUTE-

(a) Waiver of certain restrictions

For the purpose of reducing dependence upon the production of

crops from which narcotic and psychotropic drugs are derived, the

President may provide economic assistance for a country which,

because of its coca production, is a major illicit drug producing

country (as defined in section 481(i)(2) (!1) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2291(i)(2))) to promote the

production, processing, or the marketing of products which can be

economically produced in such country, notwithstanding the

provisions of law described in subsection (b) of this section.

(b) Description of restrictions waived

The provisions of law made inapplicable by subsection (a) of this

section are any other provisions of law that would otherwise

restrict the use of economic assistance funds with respect to the

production, processing, or marketing of agricultural commodities

(or the products thereof) or other products, including sections

521, 546, and 547 (but excluding section 510) of the Foreign

Operations, Export Financing, and Related Programs Appropriations

Act, 1990, and comparable provisions of subsequent Acts

appropriating funds for foreign operations, export financing, and

related programs.

(c) "Economic assistance" defined

As used in this section, the term "economic assistance" means

assistance under chapter 1 of part I of the Foreign Assistance Act

of 1961 (22 U.S.C. 2151 and following; relating to development

assistance) and assistance under chapter 4 of part II of that Act

(22 U.S.C. 2346 and following; relating to the economic support

fund).

-SOURCE-

(Pub. L. 101-624, title XV, Sec. 1544, Nov. 28, 1990, 104 Stat.

3695.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1990, referred to in subsec. (b), is Pub. L.

101-167, Nov. 21, 1989, 103 Stat. 1195. Sections 510, 521, 546, and

547 of that Act are not classified to the Code.

The Foreign Assistance Act of 1961, referred to in subsecs. (a)

and (c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 1 of part I and chapter 4 of part II of the Act

are classified generally to part I (Sec. 2151 et seq.) of

subchapter I and part IV (Sec. 2346 et seq.) of subchapter II,

respectively, of this chapter. For provisions deeming references to

part I of subchapter I to include a reference to section 2293 of

this title, see section 2293(d)(1) of this title. Subsec. (i) of

section 481 of the Act was redesignated (e) by Pub. L. 102-583,

Sec. 6(b)(3), Nov. 2, 1992, 106 Stat. 4932. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of this title and Tables.

-COD-