Legislación
US (United States) Code. Title 22. Chapter 32: Foreign Assistance
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |