[JPRT, 111th Congress]
[From the U.S. Government Printing Office]


 
                     COMMITTEE ON FOREIGN RELATIONS 
                      COMMITTEE ON FOREIGN AFFAIRS 

=======================================================================

        Legislation on
        Foreign Relations
        Through 2008

                                     
                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                         JOINT COMMITTEE PRINT

                               MARCH 2010


                               VOLUME I-A

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS


                              U.S. Senate

                     U.S. House of Representatives


















Legislation on Foreign Relations Through 2008--Volume I-A of Vols. I-A 
                                 & I-B


















                     COMMITTEE ON FOREIGN RELATIONS
                      COMMITTEE ON FOREIGN AFFAIRS

=======================================================================


        Legislation on
        Foreign Relations
        Through 2008

                                     
                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
                                     

                               MARCH 2010

                               VOLUME I-A

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                              U.S. Senate

                     U.S. House of Representatives


Printed for the use of the Committees on Foreign Relations and Foreign 
  Affairs of the Senate and the House of Representatives respectively



                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 2010
51-120 PS                                                               
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                     COMMITTEE ON FOREIGN RELATIONS

                 JOHN F. KERRY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin       BOB CORKER, Tennessee
BARBARA BOXER, California            JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey          JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland         JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania   JOHN BARRASSO, Wyoming
JIM WEBB, Virginia                   ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire        JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York

                      David McKean, Staff Director

            Kenneth A. Myers, Jr., Republican Staff Director

                                 ______






















                      COMMITTEE ON FOREIGN AFFAIRS

                 HOWARD L. BERMAN, California, Chairman

GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
Samoa                                DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
BRAD SHERMAN, California             DANA ROHRABACHER, California
ELIOT L. ENGEL, New York             DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts         EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York           RON PAUL, Texas
DIANE E. WATSON, California          JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri              MIKE PENCE, Indiana
ALBIO SIRES, New Jersey              JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia         JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York         J. GRESHAM BARRETT, South Carolina
JOHN S. TANNER, Tennessee            CONNIE MACK, Florida
GENE GREEN, Texas                    JEFF FORTENBERRY, Nebraska
LYNN WOOLSEY, California             MICHAEL T. McCAUL, Texas
SHEILA JACKSON LEE, Texas            TED POE, Texas
BARBARA LEE, California              BOB INGLIS, South Carolina
SHELLEY BERKLEY, Nevada              GUS BILIRAKIS, Florida
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
VACANT

                   Richard J. Kessler, Staff Director

                Yleem Poblete, Republican Staff Director

                                  (ii)

  


                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on Foreign Relations of the 
Senate and Foreign Affairs of the House of Representatives, 
amended to date and annotated to show pertinent history or 
cross references.
    Volumes I (A and B), II (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, was last updated 
through 2005.
    We wish to express our appreciation to Dianne E Rennack of 
the Foreign Affairs, Defense, and Trade Division of the 
Congressional Research Service of the Library of Congress, and 
Suzanne Kayne of the U.S. Government Printing Office who 
prepared volume I-A of this year's compilation.
                                           John F. Kerry,
                          Chairman, Committee on Foreign Relations.
                                           Howard L. Berman,
                            Chairman, Committee on Foreign Affairs.

                                                    March 30, 2010.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2008, with two exceptions--
Public Law 111-8, as amended, and Public Law 111-32, enacted in 
2009.
    This volume sets out ``session law'' as originally enacted 
by Congress and published by the Archivist of the United States 
as ``slip law'' and later in the series United States Statutes 
at Large (as subsequently amended, if applicable). Amendments 
are incorporated into the text and distinguished by a footnote. 
Session law is organized in this series by subject matter in a 
manner designed to meet the needs of the Congress.
    Although laws enacted by Congress in the area of foreign 
relations are also codified by the Law Revision Counsel of the 
House of Representatives, typically in title 22 United States 
Code, those codifications are not positive law and are not, in 
most instances, the basis of further amendment by the Congress. 
Cross references to the United States Code are included as 
footnotes for the convenience of the reader.
    All Executive orders and State Department delegations of 
authority are codified and in force as of December 30, 2008.
    Corrections may be sent to Dianne E Rennack at Library of 
Congress, Congressional Research Service, Washington D.C., 
20540-7460, or by e-mail at drennack@crs.loc.gov.

                                  (v)


                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.
                                  (vi)























                            C O N T E N T S

                               __________
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................    vi

A. FOREIGN ASSISTANCE............................................     1

 1. Foreign Assistance and Arms Export Acts......................    11
 2. Foreign Assistance Appropriations............................  1098

APPENDICES.......................................................  1597

INDEX............................................................  1641

                                 (vii)

  
=======================================================================




                         A. FOREIGN ASSISTANCE

                                CONTENTS

                                                                   Page

 1. Foreign Assistance and Arms Export Acts......................    11
    a. The Foreign Assistance Act of 1961, as amended (Public Law 
      87-195)....................................................    11
        Part I
            Chapter 1--Policy; Development Assistance 
              Authorizations.....................................    15
                Section 101--General Policy......................    15
                Section 102--Development Assistance Policy.......    17
                Section 103--Agriculture, Rural Development, and 
                    Nutrition....................................    29
                Section 103A--Agricultural Research..............    32
                Section 104--Population and Health...............    32
                Section 104A--Assistance to Combat HIV/AIDS......    40
                Section 104B--Assistance to Combat Tuberculosis..    57
                Section 104C--Assistance to Combat Malaria.......    61
                Section 105--Education and Human Resources 
                    Development..................................    61
                Section 106--Energy, Private Voluntary 
                    Organizations, and Selected Development 
                    Activities...................................    63
                Section 107--Appropriate Technology..............    66
                Section 109--Transfer of Funds...................    67
                Section 110--Cost-Sharing and Funding Limits.....    68
                Section 111--Development and Use of Cooperatives.    68
                Section 113--Integrating Women Into National 
                    Economies....................................    69
                Section 116--Human Rights........................    70
                Section 117--Environment and Natural Resources...    76
                Section 118--Tropical Forests....................    77
                Section 119--Endangered Species..................    81
                Section 120--Sahel Development Program--Planning.    83
                Section 122--General Authorities.................    84
                Section 123--Private and Voluntary Organizations 
                    and Cooperatives in Overseas Development.....    85
                Section 124--Relatively Least Developed Countries    87
                Section 125--Project and Program Evaluation......    88
                Section 126--Development and Illicit Narcotics 
                    Production...................................    89
                Section 127--Accelerated Loan Repayments.........    89
                Section 128--Targeted Assistance.................    90
                Section 129--Program to Provide Technical 
                    Assistance to Foreign Governments and Foreign 
                    Central Banks of Developing or Transitional 
                    Countries....................................    90
                Section 130--Assistance for Victims of Torture...    95
                Section 133--Programs to Encourage Good 
                    Governance...................................    96
                Section 134--Assistance to Foreign Countries to 
                    Meet Minimum Standards for the Elimination of 
                    Trafficking..................................    98
                Section 135--Assistance for Orphans and Other 
                    Vulnerable Children..........................    99
                Section 135--Assistance to Provide Safe Water and 
                    Sanitation...................................   103
            Chapter 2--Other Programs............................   104
            Title I--Multilateral and Regional Development 
              Programs...........................................   104
                Section 206--Regional Development in Africa......   104
                Section 209--Multilateral and Regional Programs..   104
            Title II--American Schools and Hospitals Abroad; 
              Prototype Desalting Plant..........................   106
                Section 214--American Schools and Hospitals 
                    Abroad.......................................   106
                Section 219--Prototype Desalting Plant...........   107
            Title III--Housing and Other Credit Guaranty Programs   108
                Section 221--Housing Guaranties..................   108
                Section 222--Authorization.......................   108
                Section 222A--Agricultural and Productive Credit 
                    and Self-Help Community Development Programs.   110
                Section 223--General Provisions..................   112
                Section 224--Trade Credit Insurance Program for 
                    Central America..............................   115
                Section 225--Trade Credit Insurance Program for 
                    Poland.......................................   116
                Section 226--Loan Guarantees to Israel Program...   118
            Title IV--Overseas Private Investment Corporation....   122
                Section 231--Creation, Purpose and Policy........   122
                Section 231A--Additional Requirements............   125
                Section 232--Capital of the Corporation..........   127
                Section 233--Organization and Management.........   127
                Section 234--Investment Insurance and Other 
                    Programs.....................................   129
                Section 234A--Enhancing Private Political Risk 
                    Insurance Industry...........................   136
                Section 235--Issuing Authority, Direct Investment 
                    Authority and Reserves.......................   138
                Section 236--Income and Revenues.................   141
                Section 237--General Provisions Relating to 
                    Insurance Guaranty, and Financing Program....   142
                Section 238--Definitions.........................   146
                Section 239--General Provisions and Powers.......   147
                Section 240--Small Business Development..........   151
                Section 240A--Reports to the Congress............   151
                Section 240B--Prohibition on Noncompetitive 
                    Awarding of Insurance Contracts on OPIC 
                    Supported Exports............................   154
            Title V--Disadvantaged Children in Asia..............   155
                Section 241--Assistance to Certain Disadvantaged 
                    Children in Asia.............................   155
            Title VI--Microenterprise Development Assistance.....   155
            Subtitle A--Grant Assistance.........................   155
                Section 251--Findings and Policy.................   155
                Section 252--Authorization; Implementation; 
                    Targeted Assistance..........................   156
                Section 253--Monitoring System...................   158
                Section 254--Development and Certification of 
                    Poverty Measurement Methods; Application of 
                    Methods......................................   158
                Section 255--Additional Authorities..............   159
            Subtitle B--Credit Assistance........................   159
                Section 256--Microenterprise Development Credits.   159
            Subtitle C--United States Microfinance Loan Facility.   162
                Section 257--United States Microfinance Loan 
                    Facility.....................................   162
            Subtitle D--Miscellaneous Provisions.................   164
                Section 258--Report..............................   164
                Section 259--Definitions.........................   165
            Title IX--Utilization of Democratic Institutions in 
              Development........................................   167
                Section 281--Utilization of Democratic 
                    Institutions in Development..................   167
            Title XII--Famine Prevention and Freedom From Hunger.   168
                Section 296--General Provisions..................   168
                Section 297--General Authority...................   173
                Section 298--Board for International Food and 
                    Agricultural Development.....................   176
                Section 299--Authorization.......................   178
                Section 300--Annual Report.......................   178
            Chapter 3--International Organizations and Programs..   179
                Section 301--General Authority...................   179
                Section 302--Authorization.......................   181
                Section 303--Indus Basin Development.............   185
                Section 305--Integration of Women................   186
                Section 306--Reports on International 
                    Organizations................................   186
                Section 307--Withholding of United States 
                    Proportionate Share for Certain Programs of 
                    International Organizations..................   186
            Chapter 5--Contingencies.............................   190
                Section 451--Contingencies.......................   190
            Chapter 6--Central America Democracy, Peace, and 
              Development Initiative.............................   191
                Section 461--Statement of Policy.................   191
                Section 462--Conditions on Furnishing Assistance.   192
                Section 463--Peace Process in Central America....   192
                Section 464--Economic Assistance Coordination....   192
                Section 465--Authorization for Fiscal Years 1988 
                    and 1989.....................................   194
                Section 466--Definitions.........................   194
            Chapter 7--Debt-For-Nature Exchanges.................   194
                Section 461--Definition..........................   194
                Section 462--Assistance for Commercial Debt 
                    Exchanges....................................   195
                Section 463--Eligible Projects...................   195
                Section 464--Eligible Countries..................   196
                Section 465--Terms and Conditions................   196
                Section 466--Pilot Program for Sub-Saharan Africa   197
            Chapter 8--International Narcotics Control...........   197
                Section 481--Policy, General Authorities, 
                    Coordination, Foreign Police Actions, 
                    Definitions, and Other Provisions............   197
                Section 482--Authorization.......................   203
                Section 483--Prohibition on Use of Foreign 
                    Assistance for Reimbursements for Drug Crop 
                    Eradications.................................   206
                Section 484--Requirements Relating to Aircraft 
                    and Other Equipment..........................   206
                Section 485--Records of Aircraft Use.............   208
                Section 486--Reallocation of Funds Withheld from 
                    Countries Which Fail to Take Adequate Steps 
                    to Halt Illicit Drug Production or 
                    Trafficking..................................   208
                Section 487--Prohibition on Assistance to Drug 
                    Traffickers..................................   209
                Section 488--Limitations on Acquisition of Real 
                    Property and Construction of Facilities......   209
                Section 489--Reporting Requirements..............   210
                Section 490--Annual Certification Procedures.....   215
            Chapter 9--International Disaster Assistance.........   222
                Section 491--Policy and General Authority........   222
                Section 492--Authorization.......................   222
                Section 493--Disaster Assistance--Coordination...   223
                Section 494--Disaster Relief Assistance..........   223
                Section 495--Cyprus Relief and Rehabilitation....   224
                Section 495B--Italy Relief and Rehabilitation....   224
                Section 495C--Lebanon Relief and Rehabilitation..   225
                Section 495D--Romanian Relief and Rehabilitation.   225
                Section 495E--Turkey Relief, Rehabilitation, and 
                    Reconstruction...............................   226
                Section 495F--African Rehabilitation and 
                    Resettlement.................................   226
                Section 495G--Special Caribbean Hurricane Relief 
                    Assistance...................................   227
                Section 495H--Cambodian Disaster Relief 
                    Assistance...................................   227
                Section 495I--Assistance for Displaced Persons in 
                    Central America..............................   228
                Section 495J--Lebanon Emergency Relief, 
                    Rehabilitation, and Reconstruction Assistance   229
                Section 495K--African Famine Assistance..........   229
            Chapter 10--Development Fund for Africa..............   231
                Section 496--Long-Term Development Assistance for 
                    Sub-Saharan Africa...........................   231
                Section 497--Authorizations of Appropriations for 
                    the Development Fund for Africa..............   236
            Chapter 11--Support for the Economic and Democratic 
              Development of the Independent States of the Former 
              Soviet Union.......................................   238
                Section 498--Assistance for the Independent 
                    States.......................................   238
                Section 498A--Criteria for Assistance to 
                    Governments of the Independent States........   241
                Section 498B--Authorities Relating to Assistance 
                    and Other Provisions.........................   245
                Section 498C--Authorization of Appropriations....   248
            Chapter 12--Support for the Economic and Political 
              Independence of the Countries of the South Caucasus 
              and Central Asia...................................   252
                Section 499--United States Assistance to Promote 
                    Reconciliation and Recovery from Regional 
                    Conflicts....................................   252
                Section 499A--Economic Assistance................   252
                Section 499B--Development of Infrastructure......   253
                Section 499C--Border Control Assistance..........   253
                Section 499D--Strengthening Democracy, Tolerance, 
                    and the Development of Civil Society.........   254
                Section 499E--Administrative Authorities.........   254
                Section 499F--Definitions........................   255
        Part II
            Chapter 1--Policy....................................   255
                Section 501--Statement of Policy.................   255
                Section 502--Utilization of Defense Articles and 
                    Services.....................................   256
                Section 502B--Human Rights.......................   257
            Chapter 2--Military Assistance.......................   264
                Section 503--General Authority...................   264
                Section 504--Authorization.......................   266
                Section 505--Conditions of Eligibility...........   266
                Section 506--Special Authority...................   271
                Section 511--Considerations in Furnishing 
                    Military Assistance..........................   275
                Section 514--Stockpiling of Defense Articles for 
                    Foreign Countries............................   276
                Section 515--Overseas Management of Assistance 
                    and Sales Programs...........................   279
                Section 516--Authority to Transfer Excess Defense 
                    Articles.....................................   280
                Section 517--Designation of Major Non-NATO Allies   284
            Chapter 3--Foreign Military Sales....................   285
                Section 524--Reimbursements......................   285
            Chapter 4--Economic Support Fund.....................   286
                Section 531--Authority...........................   287
                Section 532--Authorizations of Appropriations....   288
                Section 533--Emergency Assistance................   290
                Section 534--Administration of Justice...........   290
            Chapter 5--International Military Education and 
              Training...........................................   292
                Section 541--General Authority...................   292
                Section 542--Authorization.......................   293
                Section 543--Purposes............................   294
                Section 544--Exchange Training...................   294
                Section 545--Training in Maritime Skills.........   295
                Section 546--Prohibition on Grant Assistance for 
                    Certain High Income Foreign Countries........   296
                Section 547--Consultation Requirement............   296
                Section 548--Records Regarding Foreign 
                    Participants.................................   296
                Section 549--Human Rights Report.................   297
            Chapter 6--Peacekeeping Operations...................   297
                Section 551--General Authority...................   297
                Section 552--Authorization of Appropriations.....   297
                Section 553--Administrative Authorities..........   299
                Section 554--Data on Costs Incurred in Support of 
                    United Nations Peacekeeping Operations.......   299
            Chapter 7--Air Base Construction in Israel...........   299
                Section 561--General Authority...................   299
                Section 562--Authorization and Utilization of 
                    Funds........................................   300
                Section 563--Waiver Authorities..................   300
            Chapter 8--Antiterrorism Assistance..................   301
                Section 571--General Authority...................   301
                Section 572--Purposes............................   301
                Section 573--Limitations.........................   301
                Section 574--Authorizations of Appropriations....   303
                Section 575--Administrative Authorities..........   304
            Chapter 9--Nonproliferation and Export Control 
              Assistance.........................................   304
                Section 581--Purposes............................   304
                Section 582--Authorization of Assistance.........   304
                Section 583--Transit Interdiction................   305
                Section 584--International Nonproliferation 
                    Export Control Training......................   306
                Section 585--Limitations.........................   306
                Section 586--Authorization of Appropriations.....   307
        Part III
            Chapter 1--General Provisions........................   307
                Section 601--Encouragement of Free Enterprise and 
                    Private Participation........................   307
                Section 602--Small Business......................   310
                Section 603--Shipping on United States Vessels...   311
                Section 604--Procurement.........................   311
                Section 605--Retention and Use of Certain Items 
                    and Funds....................................   313
                Section 606--Patents and Technical Information...   314
                Section 607--Furnishing of Services and 
                    Commodities..................................   314
                Section 608--Advance Acquisition of Property.....   316
                Section 610--Transfer Between Accounts...........   318
                Section 611--Completion of Plans and Cost 
                    Estimates....................................   320
                Section 612--Use of Foreign Currencies...........   321
                Section 613--Accounting, Valuation, Reporting, 
                    and Administration of Foreign Currencies.....   323
                Section 614--Special Authorities.................   324
                Section 615--Contract Authority..................   325
                Section 616--Availability of Funds...............   326
                Section 617--Termination of Assistance...........   326
                Section 618--Assistance for a Reconstruction and 
                    Stabilization Crisis.........................   327
                Section 620--Prohibitions Against Furnishing 
                    Assistance...................................   328
                Section 620A--Prohibition on Assistance to 
                    Governments Supporting International 
                    Terrorism....................................   340
                Section 620C--United States Policy Regarding the 
                    Eastern Mediterranean........................   342
                Section 620E--Assistance to Pakistan.............   345
                Section 620F--Nuclear Non-Proliferation Policy in 
                    South Asia...................................   349
                Section 620G--Prohibition on Assistance to 
                    Countries That Aid Terrorist States..........   350
                Section 620H--Prohibition on Assistance to 
                    Countries That Provide Military Equipment to 
                    Terrorist States.............................   351
                Section 620I--Prohibition on Assistance to 
                    Countries That Restrict United States 
                    Humanitarian Assistance......................   352
                Section 620J--Depleted Uranium Ammunition........   352
                Section 620K--Limitation on Assistance to the 
                    Palestinian Authority........................   353
                Section 620L--Limitation on Assistance for the 
                    West Bank and Gaza...........................   355
                Section 620J--Limitation on Assistance to 
                    Security Forces..............................   357
            Chapter 2--Administrative Provisions.................   358
                Section 621--Exercise of Functions...............   358
                Section 621A--Strengthened Management Practices..   359
                Section 622--Coordination With Foreign Policy....   359
                Section 623--The Secretary of Defense............   360
                Section 624--Statutory Officers..................   360
                Section 625--Employment of Personnel.............   361
                Section 626--Experts, Consultants, and Retired 
                    Officers.....................................   364
                Section 627--Detail of Personnel to Foreign 
                    Governments..................................   365
                Section 628--Detail of Personnel to International 
                    Organizations................................   365
                Section 629--Status of Personnel Detailed........   365
                Section 630--Terms of Detail or Assignment.......   366
                Section 631--Missions and Staffs Abroad..........   366
                Section 632--Allocation and Reimbursement Among 
                    Agencies.....................................   367
                Section 633--Waivers of Certain Laws.............   370
                Section 633A--Furnishing Information.............   370
                Section 634--Annual Report.......................   371
                Section 634A--Notification of Program Changes....   374
                Section 634B--Classification of Reports..........   375
                Section 635--General Authorities.................   375
                Section 636--Provisions on Uses of Funds.........   378
                Section 637--Administrative Expenses.............   383
                Section 638--Exclusions..........................   384
                Section 640A--False Claims and Ineligible 
                    Commodities..................................   384
                Section 640B--Coordination.......................   385
                Section 640C--Shipping Differential..............   387
            Chapter 3--Miscellaneous Provisions..................   387
                Section 641--Effective Date and Identification of 
                    Programs.....................................   387
                Section 642--Statutes Repealed...................   387
                Section 643--Saving Provisions...................   388
                Section 644--Definitions.........................   388
                Section 645--Unexpended Balances.................   391
                Section 646--Construction........................   391
                Section 647--Dependable Fuel Supply..............   392
                Section 648--Special Authorization for Use of 
                    Foreign Currencies...........................   392
                Section 650--Use of United States Armed Forces...   392
                Section 652--Limitation Upon Exercise of Special 
                    Authorities..................................   392
                Section 653--Change in Allocation of Foreign 
                    Assistance...................................   393
                Section 654--Presidential Findings and 
                    Determinations...............................   394
                Section 655--Annual Military Assistance Report...   394
                Section 656--Annual Foreign Military Training 
                    Report.......................................   396
                Section 660--Prohibiting Police Training.........   397
                Section 661--Trade and Development Agency........   400
                Section 663--Exchanges of Certain Materials......   403
                Section 666--Discrimination Against United States 
                    Personnel....................................   404
                Section 667--Operating Expenses..................   404
        Part IV
            Enterprise for the Americas Initiative...............   408
                Section 701--Purpose.............................   408
                Section 702--Definitions.........................   409
                Section 703--Eligibilty for Benefits.............   409
                Section 704--Reduction of Certain Debt...........   410
                Section 705--Repayment of Principal..............   411
                Section 706--Interest on New Obligations.........   411
                Section 707--Enterprise for the Americas Funds...   411
                Section 708--Americas Framework Agreements.......   412
                Section 709--Enterprise for the Americas Board...   414
                Section 710--Annual Reports to the Congress......   414
        Part V
            Debt Reduction for Developing Countries with Tropical 
              Forests............................................   415
                Section 801--Short Title.........................   415
                Section 802--Findings and Purposes...............   416
                Section 803--Definitions.........................   417
                Section 804--Establishment of the Facility.......   418
                Section 805--Eligiblity for Benefits.............   418
                Section 806--Reduction of Debt Owed to the United 
                    States As a Result of Concessional Loans 
                    Under the Foreign Assistance Act of 1961.....   419
                Section 807--Reduction of Debt Owed to the United 
                    States As a Result of Credits Extended Under 
                    Title I of the Agricultural Trade Development 
                    and Assistance Act of 1954...................   420
                Section 808--Authority to Engage in Debt-for-
                    Nature Swaps and Debt Buybacks...............   421
                Section 809--Tropical Forest Agreement...........   423
                Section 810--Tropical Forest Fund................   425
                Section 811--Board...............................   425
                Section 812--Consultations with the Congress.....   426
                Section 813--Annual Reports to the Congress......   426
    b. Arms Export Control Act (Public Law 90-629)...............   427
    c. Child Soldiers Protection Act of 2008 (Public Law 110-457) 
      (partial text).............................................   553
    d. Naval Vessel Transfer Act of 2008 (Public Law 110-429)....   558
    e. Energy Independence and Security Act of 2007--
      International Provisions (Public Law 110-140) (partial 
      text)......................................................   562
    f. Democratic Republic of the Congo Relief, Security, and 
      Democracy Promotion Act of 2006 (Public Law 109-456).......   589
    g. Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
      446) (partial text)........................................   596
    h. Iran Freedom Support Act (Public Law 109-293) (partial 
      text)......................................................   602
    i. Transfer of Items in the War Reserves Stockpile for 
      Allies, Korea (Public Law 109-159).........................   607
    j. Naval Vessels Transfer Act of 2005 (Public Law 109-134)...   609
    k. Senator Paul Simon Water for the Poor Act of 2005 (Public 
      Law 109-121) (partial text)................................   611
    l. Assistance for Orphans and Other Vulnerable Children in 
      Developing Countries Act of 2005 (Public Law 109-95) 
      (partial text).............................................   618
    m. Millennium Challenge Act of 2003 (Public Law 108-199).....   623
    n. HELP Commission Act (Public Law 108-199)..................   642
    o. Syria Accountability and Lebanese Sovereignty Restoration 
      Act of 2003 (Public Law 108-175)...........................   649
    p. HIV/AIDS, Tuberculosis, and Malaria Assistance............   657
            (1) United States Leadership Against HIV/AIDS, 
              Tuberculosis, and Malaria Act of 2003 (Public Law 
              108-25)............................................   657
            (2) Tom Lantos and Henry J. Hyde United States Global 
              Leadership Against HIV/AIDS, Tuberculosis, and 
              Malaria Reauthorization Act of 2008 (Public Law 
              110-293) (partial text)............................   719
            (3) Assistance for International Malaria Control Act 
              (Public Law 106-570) (partial text)................   723
            (4) Global AIDS and Tuberculosis Relief Act of 2000 
              (Public Law 106-264)...............................   727
            (5) Access to AIDS/HIV Pharmaceuticals and Medical 
              Technologies (Executive Order 13155)...............   739
    q. Afghanistan...............................................   742
            (1) Afghanistan Freedom Support Act of 2002 (Public 
              Law 107-327).......................................   742
            (2) Afghanistan Freedom Support Act Amendments of 
              2004 (Public Law 108-458) (partial text)...........   766
    r. Democratic People's Republic of Korea.....................   769
            (1) North Korea Human Rights Act of 2004 (Public Law 
              108-333)...........................................   769
            (2) North Korea Human Rights Reauthorization Act of 
              2007 (Public Law 110-346)..........................   782
    s. Sudan.....................................................   785
            (1) Sudan Accountability and Divestment Act of 2007 
              (Public Law 110-174)...............................   785
            (2) Darfur Peace and Accountability Act of 2006 
              (Public Law 109-344)...............................   793
            (3) Comprehensive Peace in Sudan Act of 2004 (Public 
              Law 108-497).......................................   805
            (4) Sudan Peace Act (Public Law 107-245).............   811
    t. Trafficking in Persons....................................   821
        (1) Trafficking Victims Protection Act of 2000 (Public 
          Law 106-386)...........................................   821
        (2) William Wilberforce Trafficking Victims Protection 
          Act of 2008 (Public Law 110-457) (partial text)........   865
        (3) Trafficking Victims Protection Reauthorization Act of 
          2005 (Public Law 109-164) (partial text)...............   888
        (4) Trafficking Victims Protection Reauthorization Act of 
          2003 (Public Law 108-193) (partial text)...............   898
        (5) 18 United States Code--Trafficking in Persons........   900
        (6) President's Interagency Task Force to Monitor and 
          Combat Trafficking in Persons (Executive Order 13257)..   909
    u. Jobs Through Trade Export Act of 1994 (Public Law 103-392) 
      (partial text).............................................   913
    v. Jobs Through Export Act of 1992 (Public Law 102-549)......   915
    w. Overseas Private Investment Corporation Amendments Act of 
      1988 (Public Law 100-461) (partial text)...................   924
    x. Earlier Foreign Assistance Authorization Acts.............   926
        (1) Special Foreign Assistance Act of 1986 (Public Law 
          99-529) (partial text).................................   926
        (2) International Security and Development Cooperation 
          Act of 1985 (Public Law 99-83) (partial text)..........   932
        (3) International Security and Development Assistance 
          Authorization Act of 1983 (Public Law 98-151) (partial 
          text)..................................................   990
        (4) International Security and Development Cooperation 
          Act of 1981 (Public Law 97-113) (partial text).........   994
        (5) International Security and Development Cooperation 
          Act of 1980 (Public Law 96-533) (partial text).........  1012
        (6) International Security Assistance Act of 1979 (Public 
          Law 96-92) (partial text)..............................  1025
        (7) International Development Cooperation Act of 1979 
          (Public Law 96-53) (partial text)......................  1028
        (8) International Development and Food Assistance Act of 
          1978 (Public Law 95-424) (partial text)................  1039
        (9) International Security Assistance Act of 1978 (Public 
          Law 95-384) (partial text).............................  1043
        (10) International Security Assistance Act of 1977 
          (Public Law 95-92) (partial text)......................  1047
        (11) International Development and Food Assistance Act of 
          1977 (Public Law 95-88) (partial text).................  1050
        (12) International Security Assistance and Arms Export 
          Control Act of 1976 (Public Law 94-329) (partial text).  1054
        (13) International Development and Food Assistance Act of 
          1975 (Public Law 94-161) (partial text)................  1062
        (14) Foreign Assistance Act of 1974 (Public Law 93-559) 
          (partial text).........................................  1064
        (15) Foreign Assistance Act of 1973 (Public Law 93-189) 
          (partial text).........................................  1070
        (16) Foreign Assistance Act of 1971 (Public Law 92-226) 
          (partial text).........................................  1076
        (17) Special Foreign Assistance Act of 1971, as amended 
          (Public Law 91-652) (partial text).....................  1078
        (18) Foreign Military Sales Act Amendments, 1971, as 
          amended (Public Law 91-672) (partial text).............  1080
        (19) Foreign Assistance Act of 1969, as amended (Public 
          Law 91-175) (partial text).............................  1083
        (20) Foreign Assistance Act of 1968 (Public Law 90-554) 
          (partial text).........................................  1090
        (21) Foreign Assistance Act of 1967 (Public Law 90-137)..  1092
        (22) Foreign Assistance Act of 1966 (Public Law 89-583)..  1093
        (23) Foreign Assistance Act of 1965 (Public Law 89-171)..  1094
        (24) Foreign Assistance Act of 1964 (Public Law 88-633) 
          (partial text).........................................  1095
        (25) Foreign Assistance Act of 1963 (Public Law 88-205)..  1096
        (26) Foreign Assistance Act of 1962 (Public Law 87-565)..  1097
 2. Foreign Assistance Appropriations............................  1098
    a. Department of State, Foreign Operations, and Related 
      Programs Appropriations Act, 2009 (Public Law 111-8).......  1098
    b. Supplemental Appropriations Act, 2009 (Public Law 111-32) 
      (partial text).............................................  1201
    c. Consolidated Security, Disaster Assistance, and Continuing 
      Appropriations Act, 2009 (Public Law 110-329) (partial 
      text)......................................................  1222
    d. Supplemental Appropriations Act, 2008 (Public Law 110-252) 
      (partial text).............................................  1228
    e. Department of State, Foreign Operations, and Related 
      Programs Appropriations Act, 2008 (Public Law 110-161) 
      (partial text).............................................  1246
    f. U.S. Troop Readiness, Veterans' Care, Katrina Recovery, 
      and Iraq Accountability Appropriations Act, 2007 (Public 
      Law 110-28) (partial text).................................  1350
    g. Continuing Appropriations Resolution, 2007 (Public Law 
      109-289) (partial text)....................................  1365
    h. Emergency Supplemental Appropriations Act for Defense, the 
      Global War on Terror, and Hurricane Recovery, 2006 (Public 
      Law 109-234) (partial text)................................  1373
    i. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2006 (Public Law 109-102)..............  1380
    j. Emergency Supplemental Appropriations Act for Defense, the 
      Global War on Terror, and Tsunami Relief, 2005 (Public Law 
      109-13) (partial text).....................................  1469
    k. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2005 (Public Law 108-447)..............  1471
    l. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2004 (Public Law 108-199)..............  1476
    m. Emergency Supplemental Appropriations Act for Defense and 
      for the Reconstruction of Iraq and Afghanistan, 2004 
      (Public Law 108-106) (partial text)........................  1477
    n. Emergency Wartime Supplemental Appropriations Act, 2003 
      (Public Law 108-11)........................................  1493
    o. Kenneth M. Ludden Foreign Operations, Export Financing, 
      and Related Programs Appropriations Act, 2002 (Public Law 
      107-115) (partial text)....................................  1497
    p. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2001 (Public Law 106-429) (partial 
      text)......................................................  1499
    q. Emergency Supplemental Act, 2000 (Public Law 106-246) 
      (partial text).............................................  1506
    r. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2000 (Public Law 106-113) (partial 
      text)......................................................  1515
    s. Miscellaneous Appropriations, 2000 (Public Law 106-113) 
      (partial text).............................................  1524
    t. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1999 (Public Law 105-277) (partial 
      text)......................................................  1529
    u. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1997 (Public Law 104-208) (partial 
      text)......................................................  1537
    v. Mexican Debt Disclosure Act of 1995 (Public Law 104-6) 
      (partial text).............................................  1545
    w. Foreign Operations, Export Financing, and Related Programs 
      Supplemental Appropriations Act, 1994 (Public Law 103-306) 
      (partial text).............................................  1549
    x. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1993 (Public Law 102-391) (partial 
      text)......................................................  1551
    y. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1991 (Public Law 101-513) (partial 
      text)......................................................  1555
    z. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1990 (Public Law 101-167) (partial 
      text)......................................................  1566
    aa. Foreign Operations, Export Financing, and Related 
      Programs Appropriations Act, 1989 (Public Law 100-460) 
      (partial text).............................................  1581
    bb. Foreign Operations, Export Financing, and Related 
      Programs Appropriations Act, 1988 (Public Law 100-202) 
      (partial text).............................................  1583
    cc. Foreign Assistance and Related Programs Appropriations 
      Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
      151) (partial text)........................................  1588
    dd. Title 31, United States Code--Valid Obligations..........  1590


----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Volume I is printed in two parts, I-A and I-B, effective 1994. Volume I-B contains legislation 
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=======================================================================

              1. Foreign Assistance and Arms Export Acts *

           a. The Foreign Assistance Act of 1961, as amended

Public Law 87-195 [S. 1983], 75 Stat. 424, approved September 4, 1961, 
    as amended by Public Law 87-329 [Foreign Assistance and Related 
    Agencies Appropriation Act, 1962; H.R. 9033], 75 Stat. 717, 
    approved September 30, 1961; Public Law 87-565 [Foreign Assistance 
    Act of 1962, S. 2996], 76 Stat. 255, approved August 1, 1962; 
    Public Law 87-793 [Postal Service and Federal Employees Salary Act 
    of 1962, H.R. 7927], 76 Stat. 832, approved October 11, 1962; 
    Public Law 88-205 [H.R. 7885], 77 Stat. 379, approved December 16, 
    1963; Public Law 88-426 [Government Employees Salary Reform Act of 
    1964, H.R. 11049], 78 Stat. 400, approved August 14, 1964; Public 
    Law 88-448 [Dual Compensation Act, H.R. 7381], 78 Stat. 484, 
    approved August 19, 1964; Public Law 88-633 [H.R. 11380], 78 Stat. 
    1009, approved October 7, 1964; Public Law 88-638 [Amendments to 
    Agricultural Trade Development and Assistance Act of 1954, as 
    amended; S. 2687], 78 Stat. 1035, approved October 8, 1964; Public 
    Law 89-171 [Foreign Assistance Act of 1965; H.R. 7750], 79 Stat. 
    653, approved September 6, 1965; Public Law 89-371 [H.R. 12169], 80 
    Stat. 74, approved March 18, 1966; Public Law 89-583 [Foreign 
    Assistance Act of 1966; H.R. 15750], 80 Stat. 795, approved 
    September 19, 1966; Public Law 90-137 [Foreign Assistance Act of 
    1967; S. 1872], 81 Stat. 445, approved November 14, 1967; Public 
    Law 90-554 [Foreign Assistance Act of 1968; H.R. 15263], 82 Stat. 
    960, approved October 8, 1968; Public Law 90-629 [Foreign Military 
    Sales Act, H.R. 15681], 82 Stat. 1320, approved October 22, 1968; 
    Public Law 91-175 [Foreign Assistance Act of 1969; H.R. 14580], 83 
    Stat. 805, approved December 30, 1969; Public Law 91-652 [Special 
    Foreign Assistance Act of 1971, H.R. 19911], 84 Stat. 1942, 
    approved January 5, 1971; Public Law 92-226 [Foreign Assistance Act 
    of 1971; S. 2819], 86 Stat. 20, approved February 7, 1972; Public 
    Law 92-352 [Foreign Relations Authorization Act of 1972, H.R. 
    14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-189 
    [Foreign Assistance Act of 1973; S. 1443], 87 Stat. 714, approved 
    December 17, 1973; Public Law 93-333 [Foreign Disaster Assistance 
    Act of 1974, H.R. 12412], 88 Stat. 290, approved July 8, 1974; 
    Public Law 93-390 [Overseas Private Investment Corporation 
    Amendments Act of 1974, S. 2957], 88 Stat. 763, approved August 27, 
    1974; Public Law 93-559 [Foreign Assistance Act of 1974; S. 3394], 
    88 Stat. 1795, approved December 30, 1974; Public Law 94-104 [S. 
    2230], 89 Stat. 508, approved October 6, 1975; Public Law 94-161 
    [International Development and Food Assistance Act of 1975; H.R. 
    9005], 89 Stat. 849, approved December 20, 1975; Public Law 94-273 
    [Fiscal Year Adjustment Act; S. 2445], 90 Stat. 375, approved April 
    21, 1976; Public Law 94-276 [Guatemala Relief and Rehabilitation 
    Act of 1976; S. 3056], 90 Stat. 397, approved April 21, 1976; 
    Public Law 94-329 [International Security Assistance and Arms 
    Export Control Act of 1976; H.R. 13680], 90 Stat. 729, approved 
    June 30, 1976; Public Law 95-21 [Romanian Relief and 
    Rehabilitation; H.R. 5717], 91 Stat. 48, approved April 18, 1977; 
    Public Law 95-23 [Supplemental Military Assistance to Portugal for 
    Fiscal Year 1977; S. 489], 91 Stat. 54, approved April 30, 1977; 
    Public Law 95-88 [International Development and Food Assistance Act 
    of 1977; H.R. 6714], 91 Stat. 533, approved August 3, 1977; Public 
    Law 95-92 [International Security Assistance Act of 1977; H.R. 
    6884], 91 Stat. 614, approved August 4, 1977; Public Law 95-105 
    [Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689], 
    91 Stat. 844 at 846, approved August 17, 1977; Public Law 95-268 
    [OPIC Amendments Act of 1978; H.R. 9179], 92 Stat. 213, approved 
    April 24, 1978; Public Law 95-384 [International Security 
    Assistance Act of 1978; S. 3075], 92 Stat. 730, approved September 
    26, 1978; Public Law 95-424 [International Development and Food 
    Assistance Act of 1978; H.R. 12222], 92 Stat. 937, approved October 
    6, 1978; Public Law 96-35 [Special International Security 
    Assistance Act of 1979; S. 1007], 93 Stat. 89, approved July 20, 
    1979; Public Law 96-53 [International Development Cooperation Act 
    of 1979; H.R. 3324], 93 Stat. 359, approved August 14, 1979; Public 
    Law 96-92 [International Security Assistance Act of 1979; H.R. 
    3173], 93 Stat. 701, approved October 29, 1979; Public Law 96-109 
    [Caribbean Hurricane Relief Assistance Authorization; H.R. 5218], 
    93 Stat. 842, approved November 9, 1979; Public Law 96-110 
    [Cambodian Disaster Relief Assistance Authorization; H.R. 4995], 93 
    Stat. 843, approved November 13, 1979; Public Law 96-257 [Special 
    Central American Assistance Act of 1979; H.R. 6081], 94 Stat. 422, 
    approved May 31, 1980; Public Law 96-327 [S. 1916], 94 Stat. 1026, 
    approved August 8, 1980; Public Law 96-450 [Intelligence 
    Authorization Act for Fiscal Year 1981; S. 2597], 94 Stat. 1975 at 
    1981, approved October 14, 1980; Public Law 96-465 [Foreign Service 
    Act of 1980; H.R. 6790], 94 Stat. 2071 at 2158, approved October 
    17, 1980; Public Law 96-525 [H.R. 8388], 94 Stat. 3043, approved 
    December 12, 1980; Public Law 96-533 [International Security and 
    Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131, 
    approved December 16, 1980; Public Law 97-65 [OPIC Amendments Act 
    of 1981; H.R. 3136], 95 Stat. 1021, approved October 16, 1981; 
    Public Law 97-113 [International Security and Development 
    Cooperation Act of 1981; S. 1196], 95 Stat. 1519, approved December 
    29, 1981; Public Law 97-164 [Federal Courts Improvement Act; H.R. 
    4482], 96 Stat. 25 at 48, approved April 2, 1982; Public Law 97-208 
    [Humanitarian Assistance for the People of Lebanon; H.R. 6631], 96 
    Stat. 138, approved June 30, 1982; Public Law 97-377 [Further 
    Continuing Appropriations Act, 1983; H.J. Res. 631], 96 Stat. 1830 
    at 1831, approved December 21, 1982; Public Law 97-438 [H.R. 7143], 
    96 Stat. 2286, approved January 8, 1983; Public Law 98-151 [Further 
    Continuing Appropriations, 1984; H.J. Res. 413], 97 Stat. 964, 
    approved November 14, 1983; Public Law 98-164 [Department of State 
    Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 
    1017, approved November 22, 1983; Public Law 98-473 [Continuing 
    Appropriations, 1985; H.J. Res. 648], 98 Stat. 1837 at 1884, 
    approved October 12, 1984; Public Law 99-8 [African Famine Relief 
    and Recovery Act of 1985; S. 689], 99 Stat. 21, approved April 2, 
    1985; Public Law 99-64 [Export Administration Amendments Act of 
    1985; S. 883], 99 Stat. 156, approved July 12, 1985, Public Law 99-
    83 [International Security and Development Cooperation Act of 1985; 
    S. 960], 99 Stat. 190, approved August 8, 1985; Public Law 99-93 
    [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; 
    H.R. 2068], 99 Stat. 405 at 442, approved August 16, 1985; Public 
    Law 99-204 [Overseas Private Investment Corporation Amendments Act 
    of 1985; S. 947], 99 Stat. 1669 approved December 23, 1985; Public 
    Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 
    1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public 
    Law 99-440 [Comprehensive Anti-Apartheid Act of 1986; H.R. 4868], 
    100 Stat. 1086, approved October 2, 1986; Public Law 99-514 [Tax 
    Reform Act of 1986; H.R. 3838], 100 Stat. 2085, approved October 
    22, 1986; Public Law 99-529 [Special Foreign Assistance Act of 
    1986; S. 1917], 100 Stat. 3010, approved October 24, 1986; Public 
    Law 99-570 [Anti-Drug Abuse Act of 1986; H.R. 5484], 100 Stat. 
    3207, approved October 27, 1986; Public Law 99-661 [National 
    Defense Authorization Act for Fiscal Year 1987; S. 2368], 100 Stat. 
    3816, approved November 14, 1986; Public Law 100-202 [Continuing 
    Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved 
    December 22, 1987; Public Law 100-204 [Foreign Relations 
    Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 
    Stat. 1331, approved December 22, 1987; Public Law 100-418 [Omnibus 
    Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107, 
    approved August 23, 1988; Public Law 100-461 [Foreign Operations, 
    Export Financing and Related Programs Appropriations Act, 1989; 
    H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law 
    100-690 [International Narcotics Control Act of 1988; H.R. 5210], 
    102 Stat. 4181, approved November 18, 1988; Public Law 101-165 
    [Department of Defense Appropriations Act, 1990; H.R. 3072], 103 
    Stat. 1112, approved November 21, 1989; Public Law 101-167 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; 
    Public Law 101-179 [Support for East European Democracy (SEED) Act 
    of 1989; H.R. 3402], 103 Stat. 1298, approved November 28, 1989; 
    Public Law 101-189 [National Defense Authorization Act for Fiscal 
    Years 1990 and 1991; H.R. 2461], 103 Stat. 1352, approved November 
    29, 1989; Public Law 101-218 [Renewable Energy and Energy 
    Efficiency Technology Competitiveness Act of 1989; S. 488], 103 
    Stat. 1868, approved December 11, 1989; Public Law 101-222 [Anti-
    Terrorism and Arms Export Amendments Act of 1989; H.R. 91], 103 
    Stat. 1892, approved December 12, 1989; Public Law 101-231 
    [International Narcotics Control Act of 1989; H.R. 3611], 103 Stat. 
    1954, approved December 13, 1989; Public Law 101-240 [International 
    Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492, 
    approved December 19, 1989; Public Law 101-302 [Dire Emergency 
    Supplemental Appropriation for Disaster Assistance, Food Stamps, 
    Unemployment Compensation Administration, and Other Urgent Needs, 
    and Transfers, and Reducing Funds Budgeted for Military Spending 
    Act of 1990; H.R. 4404], 104 Stat. 213, approved May 25, 1990; 
    Public Law 101-510 [National Defense Authorization Act for Fiscal 
    Year 1991; H.R. 4739], 104 Stat. 1485, approved November 5, 1990; 
    Public Law 101-513 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 
    1979, approved November 5, 1990; Public Law 101-604 [Aviation 
    Security Improvement Act of 1990; H.R. 5732], 104 Stat. 3066, 
    approved November 16, 1990; Public Law 101-623 [International 
    Narcotics Control Act of 1990; H.R. 5567], 104 Stat. 3350, approved 
    November 21, 1990; Public Law 102-88 [Intelligence Authorization 
    Act, Fiscal Year 1991; H.R. 1455], 105 Stat. 429, approved August 
    14, 1991; Public Law 102-190 [National Defense Authorization Act 
    for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat. 1290, 
    approved December 5, 1991; H.R. 2621 as passed by the House on June 
    19, 1991 [parts of which were enacted by reference in Public Law 
    102-145, as amended by Public Law 102-266, 106 Stat. 92, approved 
    April 1, 1992]; Public Law 102-391 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1993; H.R. 
    5368], 106 Stat. 1633, approved October 6, 1992; Public Law 102-484 
    [National Defense Authorization Act for Fiscal Year 1993; H.R. 
    5006], 106 Stat. 2315, approved October 23, 1992; Public Law 102-
    511 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved 
    October 24, 1992; Public Law 102-549 [Jobs Through Exports Act of 
    1992; H.R. 4996], 106 Stat. 3651, approved October 28, 1992; Public 
    Law 102-550 [Housing and Community Development Act of 1992; H.R. 
    5334], 106 Stat. 3672, approved October 28, 1992; Public Law 102-
    572 [Federal Courts Administration Act of 1992; S. 1569], 106 Stat. 
    4506, approved October 29, 1992; Public Law 102-583 [International 
    Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved 
    November 2, 1992; Public Law 103-87 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1994; H.R. 
    2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-
    149 [South African Democratic Transition Support Act of 1993; H.R. 
    3225], 107 Stat. 1503, approved November 23, 1993; Public Law 103-
    160 [National Defense Authorization Act for Fiscal Year 1994; H.R. 
    2401], 107 Stat. 1547, approved November 30, 1993; Public Law 103-
    199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 
    17, 1993; Public Law 103-236 [Foreign Relations Authorization Act, 
    Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-306 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1995; H.R. 
    4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-392 
    [Jobs Through Trade Expansion Act of 1994; H.R. 4950], 108 Stat. 
    4098, approved October 22, 1994; Public Law 103-437 [United States 
    Code Technical Amendments; H.R. 4777], 108 Stat. 4581, approved 
    November 2, 1994; Public Law 103-447 [International Narcotics 
    Control Corrections Act of 1994; H.R. 5246], 108 Stat. 4691, 
    approved November 2, 1994; Public Law 104-66 [Federal Reports 
    Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, 
    approved December 21, 1995; Public Law 104-99 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1996; 
    H.R. 1868], enacted by reference in section 301 of H.R. 2880, 110 
    Stat. 26, approved January 26, 1996, enacted again as Public Law 
    104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996; 
    Public Law 104-106 [National Defense Authorization Act for Fiscal 
    Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996; 
    Public Law 104-114 [Cuban Liberty and Democratic Solidarity 
    (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 
    12, 1996; Public Law 104-132 [Antiterrorism and Effective Death 
    Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24, 
    1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July 
    21, 1996; Public Law 104-188 [Small Business Job Protection Act of 
    1996; H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public 
    Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R. 
    3610], 110 Stat. 3009, approved September 30, 1996; Public Law 104-
    319 [Human Rights, Refugee, and Other Foreign Relations Provisions 
    Act of 1996; H.R. 4036], 110 Stat. 3864, approved October 19, 1996; 
    Public Law 105-118 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat. 
    2386, approved November 26, 1997; Public Law 105-214 [Tropical 
    Forest Conservation Act of 1998; H.R. 2870], 112 Stat. 885, 
    approved July 29, 1998; Public Law 105-277 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1999; 
    Foreign Affairs Reform and Restructuring Act of 1998; and Foreign 
    Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 
    4328], 112 Stat. 2681, approved October 21, 1998; Public Law 105-
    292 [International Religious Freedom Act of 1998; H.R. 2431], 112 
    Stat. 2787, approved October 27, 1998; Public Law 105-320 [Torture 
    Victims Relief Act of 1998; H.R. 4309], 112 Stat. 3016, approved 
    October 30, 1998; Public Law 105-362 [Federal Reports Elimination 
    Act of 1998; S. 1364], 112 Stat. 3280, approved November 10, 1998; 
    Public Law 106-31 [1999 Emergency Supplemental Appropriations Act; 
    H.R. 1141], 113 Stat. 57, approved May 21, 1999; Public Law 106-87 
    [Torture Victims Relief Reauthorization Act of 1999; H.R. 2367], 
    113 Stat. 1301, approved November 3, 1999; Public Law 106-113 [Silk 
    Road Strategy Act of 1999; Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 2000; H.R. 3324 enacted by 
    reference in sec. 1000(a)(2) of Consolidated Appropriations Act for 
    Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29, 
    1999; Public Law 106-113 [Admiral James W. Nance and Meg Donovan 
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001; 
    H.R. 3427 enacted by reference in sec. 1000(a)(7) of Consolidated 
    Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat. 
    1501, approved November 29, 1999; Public Law 106-113 [Arms Control, 
    Nonproliferation, and Security Assistance Act of 1999; division B 
    of H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
    Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194], 
    113 Stat. 1501, approved November 29, 1999; Public Law 106-158 
    [Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745, 
    approved December 9, 1999; Public Law 106-200 [African Growth and 
    Opportunity Act; title I of H.R. 434], 114 Stat. 252, approved May 
    18, 2000; Public Law 106-264 [Global AIDS and Tuberculosis Relief 
    Act of 2000; H.R. 3519], 114 Stat. 748, approved August 19, 2000; 
    Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919], 
    114 Stat. 845, approved October 6, 2000; Public Law 106-309 
    [Microenterprise for Self-Reliance and International Anti-
    Corruption Act of 2000; H.R. 1143], 114 Stat. 1078, approved 
    October 17, 2000; Public Law 106-373 [Famine Prevention and Freedom 
    From Hunger Improvement Act of 2000; H.R. 4002], 114 Stat. 1427, 
    approved October 27, 2000; Public Law 106-386 [Victims of 
    Trafficking and Violence Protection Act of 2000; H.R. 3244], 114 
    Stat.1464, approved October 28, 2000; Public Law 106-429 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 2001; H.R. 5526, enacted by reference in H.R. 4811], 114 Stat. 
    1900A-3, approved November 6, 2000; Public Law 107-26 [H.R. 2131], 
    115 Stat. 206, approved August 17, 2001; Public Law 107-228 
    [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 
    116 Stat. 1350, approved September 30, 2002; Public Law 107-246 
    [Russian Democracy Act of 2002; H.R. 2121], 116 Stat. 1511, 
    approved October 23, 2002; Public Law 107-372 [H.R. 4883], 116 
    Stat. 3078, approved December 19, 2002; Public Law 108-25 [United 
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act 
    of 2003; H.R. 1298], 117 Stat. 711, approved May 27, 2003; Public 
    Law 108-31 [H.R. 192], 117 Stat. 775, approved June 17, 2003; 
    Public Law 108-158 [Overseas Private Investment Corporation 
    Amendments Act of 2003; S. 1824], 117 Stat. 1949, approved December 
    3, 2003; Public Law 108-193 [Trafficking Victims Protection 
    Reauthorization Act of 2003; H.R. 2620], 117 Stat. 2875, approved 
    December 19, 2003; Public Law 108-287 [Department of Defense 
    Appropriations Act, 2005; H.R. 4613], 118 Stat. 951, approved 
    August 5, 2004; Public Law 108-323 [H.R. 4654], 118 Stat. 1218, 
    approved October 6, 2004; Public Law 108-332 [Global Anti-Semitism 
    Review Act of 2004; S. 2292], 118 Stat. 1282, approved October 16, 
    2004; Public Law 108-447 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2005; H.R. 4818], 118 Stat. 
    2809, approved December 8, 2004; Public Law 108-458 [Intelligence 
    Reform and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 
    3638, approved December 17, 2004; Public Law 108-484 
    [Microenterprise Results and Accountability Act of 2004; H.R. 
    3818], 118 Stat. 3922, approved December 23, 2004; Public Law 109-
    13 [Emergency Supplemental Appropriations Act for Defense, the 
    Global War on Terror, and Tsunami Relief, 2005; H.R. 1268], 119 
    Stat. 231, approved May 11, 2005; Public Law 109-95 [Assistance for 
    Orphans and Other Vulnerable Children in Developing Countries Act 
    of 2005; H.R. 1409], 119 Stat. 2111, approved November 8, 2005; 
    Public Law 109-102 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2006; H.R. 3057], 119 Stat. 
    2172, approved November 14, 2005; Public Law 109-121 [Senator Paul 
    Simon Water for the Poor Act of 2005; H.R. 1973], 119 Stat. 2533, 
    approved December 1, 2005; Public Law 109-177 [USA PATRIOT 
    Improvement and Reauthorization Act of 2005; H.R. 3199], 120 Stat. 
    192, approved March 9, 2006; Public Law 109-234 [Emergency 
    Supplemental Appropriations Act for Defense, The Global War on 
    Terror, and Hurricane Recovery, 2006; H.R. 4939], 120 Stat. 418, 
    approved June 15, 2006; Public Law 109-446 [Palestinian Anti-
    Terrorism Act of 2006; S. 2370], 120 Stat. 3318, approved December 
    21, 2006; Public Law 109-472 [Department of State Authorities Act 
    of 2006; H.R. 6060], 120 Stat. 3554, approved January 11, 2007; 
    Public Law 110-161 [Consolidated Appropriations Act, 2008; H.R. 
    2764], 121 Stat. 1844, approved December 26, 2007; Public Law 110-
    246 [Food, Conservation, and Energy Act of 2008; H.R. 6124], 122 
    Stat. 1651, enacted over the President's veto June 18, 2008; Public 
    Law 110-293 [Tom Lantos and Henry J. Hyde United States Global 
    Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
    Reauthorization Act of 2008; H.R. 5501], 122 Stat. 2918, approved 
    July 30, 2008; and Public Law 111-32 [Supplemental Appropriations 
    Act, 2009; H.R. 2346], 123 Stat. 1859, approved June 24, 2009
---------------------------------------------------------------------------
    * Note.--The Foreign Assistance Act will be referred to as the FA 
Act and ``this Act.''
---------------------------------------------------------------------------

AN ACT To promote the foreign policy, security, and general welfare of 
 the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.'' \1\
---------------------------------------------------------------------------
    \1\ Sec. 111 of the Foreign Assistance and Related Agencies 
Appropriation Act, 1962 (Public Law 87-329; 75 Stat. 719) added the 
short title.
---------------------------------------------------------------------------

                                 PART I

      Chapter 1--Policy; Development Assistance Authorizations \2\

    Sec. 101.\3\ General Policy.--(a) 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.
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    \2\ Sec. 101(a) of the FA Act of 1963 struck out the words ``Short 
Title and'' in the chapter heading, which formerly read ``Short Title 
and Policy''. Sec. 2(1) of the FA Act of 1973 added the following words 
to the chapter heading: ``Development Assistance Authorizations''.
    \3\ 22 U.S.C. 2151. Sec. 101 of the International Development and 
Food Assistance Act of 1978 (92 Stat. 937) added sec. 101. Previously, 
sec. 101 had related to the short title before being repealed by the FA 
Act of 1963. This general policy statement was formerly contained in 
sec. 102 before 1978.
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    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 \4\ principal goals:
---------------------------------------------------------------------------
    \4\ Sec. 203(a)(1) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091) 
struck out ``four'' and inserted in lieu thereof ``five''.
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          (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; \5\
---------------------------------------------------------------------------
    \5\ Sec. 203(a) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091) 
struck out ``and'' at the end of para. (3), replaced a period at the 
end of para. (4) with ``; and'', and added a new para. (5).
---------------------------------------------------------------------------
          (4) the integration of the developing countries into 
        an open and equitable international economic system; 
        and
          (5) \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) \6\ Under the policy guidance of the Secretary of 
State, the agency primarily responsible for administering this 
part should have the responsibility for coordinating all United 
States development-related activities.
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    \6\ The responsibilities of the Agency mentioned in this subsection 
were transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA). The 
responsibilities of the Secretary of State, insofar as they relate to 
policy guidance other than foreign policy guidance, were also 
transferred to the Director. Subsequently, the Reorganization Plan No. 
2 of 1979 ceased to be effective with enactment of the Foreign Affairs 
Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1) 
(division G of Public Law 105-277; 112 Stat. 2681).
    Sec. 1413 of the Foreign Affairs Reform and Restructuring Act of 
1998 (22 U.S.C. 6563; 112 Stat. 2681-791), furthermore, provided the 
following:
---------------------------------------------------------------------------

``sec. 1413. status of aid.
---------------------------------------------------------------------------

    ``(a) In General.--Unless abolished pursuant to the reorganization 
plan submitted under section 1601, and except as provided in section 
1412, there is within the Executive branch of Government the United 
States Agency for International Development as an entity described in 
section 104 of title 5, United States Code.
    ``(b) Retention of Officers.--Nothing in this section shall require 
the reappointment of any officer of the United States serving in the 
Agency for International Development of the United States International 
Development cooperation Agency as of the day before the effective date 
of this title.''.
    Sec. 1522 of that Act (22 U.S.C. 6592; 112 Stat. 2681-794), 
furthermore, provided the following:
---------------------------------------------------------------------------

``sec. 1522. administrator of aid reporting to the secretary of state.
---------------------------------------------------------------------------

    ``The Administrator of the Agency for International Development, 
appointed pursuant to section 624(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct 
authority and foreign policy guidance of the Secretary of State.''.
---------------------------------------------------------------------------
    Sec. 102.\7\ Development Assistance Policy.--(a) 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.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2151-1. Sec. 101 of the International Development and 
Food Assistance Act of 1978 (92 Stat. 927) struck out sec. 102, which 
concerned a statement of policy, and added a new sec. 102.
---------------------------------------------------------------------------
    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) Assistance under this chapter 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 101 and in subsection (a) of this section, 
bilateral development assistance authorized by this Act 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 this 
        part, 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 
        chapter 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 chapter 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; \8\
---------------------------------------------------------------------------
    \8\ Sec. 203(b)(1) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
struck out ``and'' at the end of subpara. (E), replaced a period at the 
end of subpara. (F) with ``; and'', and added a new subpara. (G).
---------------------------------------------------------------------------
                  (F) increase in literacy; and
                  (G) \8\ 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 resources development; and energy development and 
        production.\9\
---------------------------------------------------------------------------
    \9\ Sec. 104(a) of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 360) added the reference to 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,\9\ 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) \10\ United States encouragement of policy 
        reforms is necessary if developing countries are to 
        achieve economic growth with equity.
---------------------------------------------------------------------------
    \10\ Sec. 301 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added paras. 
(13), (14), (15), and (16).
---------------------------------------------------------------------------
          (14) \10\ 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) \10\ 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) \10\ 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) \11\ 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.
---------------------------------------------------------------------------
    \11\ Sec. 203(b)(2) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
added para. (17).
---------------------------------------------------------------------------
    (c) 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.


          Note.--Foreign assistance appropriations for fiscal 
        year 2009 are included in the Department of State, 
        Foreign Operations, and Related Programs Appropriations 
        Act, 2009 (division H of the Omnibus Appropriations 
        Act, 2009; Public Law 111-8; 123 Stat. 524 at 831), and 
        in title XI of the Supplemental Appropriations Act, 
        2009 (Public Law 111-32; 123 Stat. 1859 at 1890). 
        Amounts appropriated by those Acts to carry out the 
        purposes of provisions contained in the Foreign 
        Assistance Act of 1961, during fiscal year 2009 unless 
        otherwise specified, are included in footnotes.



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Prior to fiscal year 1992, Congress appropriated funds for each of the Development Assistance                           For fiscal year 2009, for the provisions of sections 103, 105, 106, 251 through 255 (Microenterprise
                          Grant Assistance), and chapter 10 of part I of the Foreign Assistance Act of 1961 (Development
                          Assistance and Development Fund for Africa), Congress appropriated $1,800,000,000, to remain available
                          until September 30, 2010. Congress also appropriated $1,955,000,000 in fiscal year 2009, to remain
                          available until September 30, 2010, for child survival and maternal health programs, immunization and
                          oral rehydration programs, other health, nutrition, water and sanitation programs, assistance for
                          children displaced or orphaned by causes other than AIDS, programs for the prevention, treatment,
                          control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and
                          family planning and reproductive health.
                           Congress also enacted a Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat 1859),
                          title XI of which provided supplemental funds for fiscal year 2009, including an additional
                          $150,000,000 for ``Global Health and Child Survival''.--------------------------------------------------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Transfer Authority. The Department of State, Foreign Operations, and Related Programs 
                                                                   ``transfer authority                           ``Sec. 7009. (a) Department of State and Broadcasting Board of Governors.-- * * *
                           ``(b) Export Financing Transfer Authorities.--Not to exceed 5 percent of any appropriation other than
                          for administrative expenses made available for fiscal year 2009, for programs under title VI of this
                          Act may be transferred between such appropriations for use for any of the purposes, programs, and
                          activities for which the funds in such receiving account may be used, but no such appropriation,
                          except as otherwise specifically provided, shall be increased by more than 25 percent by any such
                          transfer: Provided, That the exercise of such authority shall be subject to the regular notification
                          procedures of the Committees on Appropriations.
                           ``(c)(1) Limitation on Transfers Between Agencies.--None of the funds made available under titles II
                          through V of this Act may be transferred to any department, agency, or instrumentality of the United
                          States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act
                          or any other appropriation Act.
                           ``(2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in,
                          this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of
                          1961 may be allocated or transferred to agencies of the United States Government pursuant to the
                          provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.
                           ``(d) Transfers Between Accounts.--None of the funds made available under titles II through V of this
                          Act may be obligated under an appropriation account to which they were not appropriated, except for
                          transfers specifically provided for in this Act, unless the President provides notification in
                          accordance with the regular notification procedures of the Committees on Appropriations.
                           ``(e) Audit of Inter-Agency Transfers.--Any agreement for the transfer or allocation of funds
                          appropriated by this Act, or prior Acts, entered into between the United States Agency for
                          International Development and another agency of the United States Government under the authority of
                          section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall
                          expressly provide that the Office of the Inspector General for the agency receiving the transfer or
                          allocation of such funds shall perform periodic program and financial audits of the use of such funds:
                          Provided, That funds transferred under such authority may be made available for the cost of such
                          audits.''.--------------------------------------------------------------------------------------------------------------------------------------------------------

      

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Availability of Funds. The Department of State, Foreign Operations, and Related Programs 
                                                                 ``Availability of Funds                           ``Sec. 7011. No part of any appropriation contained in this Act shall remain available for obligation
                          after the expiration of the current fiscal year unless expressly so provided in this Act: Provided,
                          That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section
                          667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the
                          Arms Export Control Act, and funds provided under the headings `Assistance for Europe, Eurasia and
                          Central Asia' and `Development Credit Authority', shall remain available for an additional 4 years
                          from the date on which the availability of such funds would otherwise have expired, if such funds are
                          initially obligated before the expiration of their respective periods of availability contained in
                          this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made
                          available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance
                          Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of
                          payments or economic policy reform objectives, shall remain available until expended.''.--------------------------------------------------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Reprogramming Notification Requirements. The Department of State, Foreign Operations, and 
                                                        ``reprogramming notification requirements                           ``Sec. 7015. (a) * * * [relating to Department of State]
                           ``(b) * * * [relating to Department of State]
                           ``(c) For the purposes of providing the executive branch with the necessary administrative
                          flexibility, none of the funds made available under titles II through V in this Act under the headings
                          `Global Health and Child Survival', `Development Assistance', `International Organizations and
                          Programs', `Trade and Development Agency', `International Narcotics Control and Law Enforcement',
                          `Andean Counterdrug Programs', `Assistance for Europe, Eurasia and Central Asia', `Economic Support
                          Fund', `Democracy Fund', `Peacekeeping Operations', `Capital Investment Fund', `Operating Expenses',
                          `Office of Inspector General', `Nonproliferation, Anti-terrorism, Demining and Related Programs',
                          `Millennium Challenge Corporation', `Foreign Military Financing Program', `International Military
                          Education and Training', `Peace Corps', and `Migration and Refugee Assistance', shall be available for
                          obligation for activities, programs, projects, type of materiel assistance, countries, or other
                          operations not justified or in excess of the amount justified to the Committees on Appropriations for
                          obligation under any of these specific headings unless the Committees on Appropriations are previously
                          notified 15 days in advance: Provided, That the President shall not enter into any commitment of funds
                          appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major
                          defense equipment, other than conventional ammunition, or other major defense items defined to be
                          aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in
                          excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15
                          days in advance of such commitment: Provided further, That this subsection shall not apply to any
                          reprogramming for an activity, program, or project for which funds are appropriated under titles II
                          through IV of this Act of less than 10 percent of the amount previously justified to the Congress for
                          obligation for such activity, program, or project for the current fiscal year.
                           ``(d) Notwithstanding any other provision of law, funds transferred by the Department of Defense to
                          the Department of State and the United States Agency for International Development, and funds made
                          available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal
                          Year 2006 (Public Law 109-163), shall be subject to the regular notification procedures of the
                          Committees on Appropriations, and the agency receiving the transfer or allocation shall perform
                          periodic program financial audits of the use of such funds and such funds may be made available for
                          the cost of such audits.
                           ``(e) The requirements of this section or any similar provision of this Act or any other Act,
                          including any prior Act requiring notification in accordance with the regular notification procedures
                          of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk
                          to human health or welfare: Provided, That in case of any such waiver, notification to the Congress,
                          or the appropriate congressional committees, shall be provided as early as practicable, but in no
                          event later than 3 days after taking the action to which such notification requirement was applicable,
                          in the context of the circumstances necessitating such waiver: Provided further, That any notification
                          provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
                           ``(f) None of the funds appropriated under titles III through VI of this Act shall be obligated or
                          expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti,
                          Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in section 7045(f)(4) of this Act
                          except as provided through the regular notification procedures of the Committees on Appropriations.''.--------------------------------------------------------------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 
                                                                  ``special authorities                           ``Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro, Victims of War, Displaced
                          Children, and Displaced Burmese.--Funds appropriated under titles III through VI of this Act that are
                          made available for assistance for Afghanistan may be made available notwithstanding section 7012 of
                          this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and
                          funds appropriated in titles III and VI of this Act that are made available for Iraq, Lebanon,
                          Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist
                          victims of trafficking in persons and, subject to the regular notification procedures of the
                          Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any
                          other provision of law.
                           ``(b)(1) Waiver.--The President may waive the provisions of section 1003 of Public Law 100-204 if the
                          President determines and certifies in writing to the Speaker of the House of Representatives and the
                          President pro tempore of the Senate that it is important to the national security interests of the
                          United States.
                           ``(2) Period of Application of Waiver.--Any waiver pursuant to paragraph (1) shall be effective for
                          no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment
                          of this Act.
                           ``(c) Small Business.--In entering into multiple award indefinite-quantity contracts with funds
                          appropriated by this Act, the United States Agency for International Development may provide an
                          exception to the fair opportunity process for placing task orders under such contracts when the order
                          is placed with any category of small or small disadvantaged business.
                           ``(d) * * * [amends other legislation]
                           ``(e) Reconstituting Civilian Police Authority.--In providing assistance with funds appropriated by
                          this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging
                          from instability may be deemed to mean support for regional, district, municipal, or other sub-
                          national entity emerging from instability, as well as a nation emerging from instability.
                           ``(f) International Prison Conditions.--Funds appropriated by this Act to carry out the provisions of
                          chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the
                          Support for East European Democracy (SEED) Act of 1989, shall be made available for assistance to
                          address inhumane conditions in prisons and other detention facilities administered by foreign
                          governments that the Secretary of State determines are making efforts to address, among other things,
                          prisoners' health, sanitation, nutrition and other basic needs: Provided, That the Secretary of State
                          shall designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and
                          Labor to have primary responsibility for diplomatic efforts related to international prison
                          conditions.
                           ``(g) * * * [amends other legislation]
                           ``(h) World Food Program.--Of the funds managed by the Bureau for Democracy, Conflict, and
                          Humanitarian Assistance of the United States Agency for International Development, from this or any
                          other Act, not less than $10,000,000 shall be made available as a general contribution to the World
                          Food Program, notwithstanding any other provision of law.
                           ``(i) Library of Congress.--Notwithstanding any other provision of law, of the funds appropriated
                          under the heading ``Embassy Security, Construction, and Maintenance'', not less than $2,000,000 shall
                          be made available for the Capital Security Cost-Sharing fees of the Library of Congress.
                           ``(j) Disarmament, Demobilization and Reintegration.--Notwithstanding any other provision of law,
                          regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for
                          the Department of State, foreign operations, and related programs under the headings `Economic Support
                          Fund', `Peacekeeping Operations', `International Disaster Assistance', and `Transition Initiatives'
                          should be made available to support programs to disarm, demobilize, and reintegrate into civilian
                          society former members of foreign terrorist organizations: Provided, That the Secretary of State shall
                          consult with the Committees on Appropriations prior to the obligation of funds pursuant to this
                          subsection: Provided further, That for the purposes of this subsection the term `foreign terrorist
                          organization' means an organization designated as a terrorist organization under section 219 of the
                          Immigration and Nationality Act.
                           ``(k) Nongovernmental Organizations.--With respect to the provision of assistance for democracy,
                          human rights and governance activities, the organizations implementing such assistance and the
                          specific nature of that assistance shall not be subject to the prior approval by the government of any
                          foreign country.
                           ``(l) Program for Research and Training on Eastern Europe and the Independent States of the Former
                          Soviet Union.--Of the funds appropriated by this Act under the heading, `Economic Support Fund', not
                          less than $5,000,000 shall be made available to carry out the Program for Research and Training on
                          Eastern Europe and the Independent States of the Former Soviet Union (title VIII) as authorized by the
                          Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501-4508, as amended).
                           ``(m) Authority.--Funds appropriated or otherwise made available by title III of the Department of
                          State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-
                          161) under the heading `Economic Support Fund' that are available for a competitively awarded grant
                          for nuclear security initiatives relating to North Korea shall be made available notwithstanding any
                          other provision of law.
                           ``(n) Middle East Foundation.--Funds appropriated by this Act and prior Acts for a Middle East
                          Foundation shall be subject to the regular notification procedures of the Committees on
                          Appropriations.
                           ``(o) Global Food Security.--Notwithstanding any other provision of law, to include minimum funding
                          requirements or funding directives, funds made available under the headings `Development Assistance'
                          and `Economic Support Fund' in this Act and prior Acts making appropriations for the Department of
                          State, foreign operations, and related programs may be made available to address critical food
                          shortages, subject to prior consultation with, and the regular notification procedures of, the
                          Committees on Appropriations.''.--------------------------------------------------------------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--See also title XI of the Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 
--------------------------------------------------------------------------------------------------------------------------------------------------------



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--The Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 Stat. 707), as                           Sec. 3003(d) of that Act, however, exempted certain sections of law from the application of subsec.
                          (a). Among those exempted were several reports required by the Foreign Assistance Act of 1961 in secs.
                          116, 240A, 306, 489, 502B, and 634. Among those exempted were several reports required by the Arms
                          Export Control Act in secs. 25, 28, and 36. Among those exempted was sec. 502 of the International
                          Security and Development Cooperation Act of 1985. See sec. 3003(a) of Public Law 104-66 for a complete
                          list of exempted sections of law.
                           Sec. 209(e) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal
                          Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
                          Stat. 1536), continued the requirement of several reports to which Public Law 104-66 would otherwise
                          have applied, including those required in secs. 118(f), 239(c), and 620C(c) of the Foreign Assistance
                          Act of 1961; sec. 1205 of the International Security and Development Cooperation Act of 1985; secs.
                          533(b) and 586J(c)(4) of the Foreign Assistance Appropriations Act, 1991. For a complete list of
                          sections of law exempted from the application of sec. 3003(a) of Public Law 104-66 by the Nance/
                          Donovan Act, see sec. 209(e) of Public Law 106-113.--------------------------------------------------------------------------------------------------------------------------------------------------------



    Sec. 103.\12\ Agriculture, Rural Development, and 
Nutrition.--(a)(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--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2151a. Sec. 103, as added by sec. 2(3) of the FA Act 
of 1973 (87 Stat. 715), was amended and restated by sec. 103(a) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
943). Previous amendments to sec. 103 were made by sec. 2 of Public Law 
93-559 (88 Stat. 1795), sec. 302 of Public Law 94-161 (89 Stat. 856), 
and by sec. 102 of Public Law 95-88 (91 Stat. 534).
---------------------------------------------------------------------------
          (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 the 
fiscal year 1986 and $760,000,000 for the fiscal year 1987.\13\ 
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.\14\
---------------------------------------------------------------------------
    \13\ Sec. 302 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added 
authorization figures for fiscal years 1986 and 1987. Authorizations 
for recent years included: fiscal year 1975--$500,000,000; fiscal year 
1976--$618,000,000; fiscal year 1977--$745,000,000; fiscal year 1978--
$580,000,000; fiscal year 1979--$665,231,000; fiscal year 1980--
$659,000,000; fiscal year 1981--$713,500,000; fiscal year 1982--
$700,000,000; fiscal year 1983--$700,000,000; fiscal year 1984--
$725,213,000; fiscal year 1985--no authorization; fiscal years 1988 
through 2009--no authorization.
    \14\ Sec. 316 of the International Security and Development 
Cooperation Act of 1980 concerns world hunger and instructs the 
Director of IDCA to encourage the ongoing work of PVOs to deal with 
world hunger problems abroad.
---------------------------------------------------------------------------
    (3) \15\ 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 amblyomman variegatum (heartwater) 
in bovine animals in the Caribbean.
---------------------------------------------------------------------------
    \15\ Sec. 1304 of Public Law 99-399 (100 Stat. 898) added para. 
(3).
---------------------------------------------------------------------------
    (b)(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 chapter 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) \16\ 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.
---------------------------------------------------------------------------
    \16\ Sec. 101 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 359) added para. (3) and subsec. (f).
---------------------------------------------------------------------------
    (c) 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) Assistance provided under this section shall also be 
used in coordination with programs carried out under section 
104 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) Local currency proceeds from sales of commodities 
provided under the Food for Peace Act \17\ which are owned by 
foreign governments shall be used whenever practicable to carry 
out the provisions of this section.
---------------------------------------------------------------------------
    \17\ Sec. 3001(b) of the Food, Conservation, and Energy Act of 2008 
(Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural Trade 
Development and Assistance Act of 1954'' and inserted in lieu thereof 
``Food for Peace Act''.
---------------------------------------------------------------------------
    (f) \16\ 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 Act and the Food for 
Peace Act,\17\ 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) \18\ (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.
---------------------------------------------------------------------------
    \18\ Sec. 1001 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended and 
restated subsec. (g). Subsec. (g) was originally added by sec. 301(c) 
of the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1532). It previously 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.''.
---------------------------------------------------------------------------
    (2) Of the aggregate amount authorized to be appropriated 
to carry out part I of this Act, 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.
    Sec. 103A.\19\ Agricultural Research.--Agricultural 
research carried out under this Act 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,\20\ 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.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2151a-1. Sec. 303 of Public Law 94-161 (89 Stat. 
849) added sec. 103A.
    \20\ Sec. 103(d) of the International Development and Food 
Assistance Act of 1978 (92 Stat. 945) inserted ``environmental,''.
---------------------------------------------------------------------------
    Sec. 104.\21\ Population and Health.--(a) Findings.--The 
Congress recognizes that poor health conditions and 
uncontrolled population growth can vitiate otherwise successful 
development efforts.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2151b. Sec. 104, as added by sec. 2(3) of the FA Act 
of 1973 (87 Stat. 715), was amended and restated by sec. 104(a) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
945). Previous amendments to sec. 104 were made by sec. 4(1) of Public 
Law 93-559 (88 Stat. 1795), sec. 304 of Public Law 94-161 (89 Stat. 
857), and sec. 103 of Public Law 95-88 (91 Stat. 534).
---------------------------------------------------------------------------
    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 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,\22\ and the 
conduct of directly relevant demographic research, population 
planning programs shall emphasize motivation for small 
families.
---------------------------------------------------------------------------
    \22\ Sec. 302(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3145) inserted ``, 
including also information and services which related to and support 
natural family planning methods,''.
---------------------------------------------------------------------------
    (c) \23\ Assistance for Health and Disease Prevention.--(1) 
\24\ 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. The 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 suppliers to support 
health and disease prevention programs.
---------------------------------------------------------------------------
    \23\ Sec. 301(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 
Stat. 711) struck out paras. (4) through (7) of subsec. (c), originally 
added by sec. 111(a) and sec. 203 of the Global AIDS and Tuberculosis 
Relief Act of 2000 (Public Law 106-264; 114 Stat. 751, 759). The 
paragraphs had read as follows:
    ``(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 this part 
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 this part 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 chapter 4 of part II 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 this part 
of this Act 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 this part)--
---------------------------------------------------------------------------

  ``(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.''.
    Sec. 103 of the International Malaria Control Act of 2000 (Public 
Law 106-570; 114 Stat. 3039; 22 U.S.C. 2151b-1) provided the following:
---------------------------------------------------------------------------

``sec. 103. assistance for malaria prevention, treatment, control, and 
elimination.
---------------------------------------------------------------------------

    ``(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) $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.''.
---------------------------------------------------------------------------

    \24\ The para. designation ``(1)'' and a new para. (2) were added 
by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as 
contained in the Continuing Appropriations Act, 1985 (Public Law 98-
473). This amendment had been included as sec. 303 of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 303 of 
H.R. 5119.
---------------------------------------------------------------------------
    (2) \24\ (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 this part. 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 chapter 3 of this part) and 
by private and voluntary organizations, and should include 
encouragement to other donors to support such types of 
activities.
    (B) \25\ 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.
---------------------------------------------------------------------------
    \25\ Sec. 304 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) replaced an 
authorization figure of ``$25,000,000'' with ``$25,000,000 for fiscal 
year 1986 and $25,000,000 for fiscal year 1987''. Section 103(b) of 
Public Law 99-529 (100 Stat. 3010) replaced the $25,000,000 
authorization for fiscal year 1987 with an authorization of 
$75,000,000. Fiscal years 1988 through 2009--no authorization.
    Title III and sec. 7060 of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009 (division H 
of Public Law 111-8; 123 Stat. 842, 898), provided the following:
---------------------------------------------------------------------------

``global health and child survival

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for global 
health activities, in addition to funds otherwise available for such 
purposes, $1,955,000,000, to remain available until September 30, 2010, 
and which shall be apportioned directly to the United States Agency for 
International Development: Provided, That this amount shall be made 
available for such activities as: (1) child survival and maternal 
health programs; (2) immunization and oral rehydration programs; (3) 
other health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related education 
programs; (4) assistance for children displaced or orphaned by causes 
other than AIDS; (5) programs for the prevention, treatment, control 
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children infected or affected by AIDS; 
and (6) family planning/reproductive health: Provided further, That 
none of the funds appropriated under this paragraph may be made 
available for nonproject assistance, except that funds may be made 
available for such assistance for ongoing health activities: Provided 
further, That of the funds appropriated under this paragraph, not to 
exceed $400,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of child 
survival, maternal and family planning/reproductive health, and 
infectious disease programs: Provided further, That of the funds 
appropriated under this paragraph, $75,000,000 should be made available 
for a United States contribution to The GAVI Fund, and up to $5,000,000 
may be transferred to, and merged with, funds appropriated by this Act 
under the heading `Operating Expenses' in title II for costs directly 
related to global health, but funds made available for such costs may 
not be derived from amounts made available for contributions under this 
and preceding provisos: Provided further, That none of the funds made 
available in this Act nor any unobligated balances from prior 
appropriations Acts may be made available to any organization or 
program which, as determined by the President of the United States, 
supports or participates in the management of a program of coercive 
abortion or involuntary sterilization: Provided further, That any 
determination made under the previous proviso must be made no later 
than 6 months after the date of enactment of this Act, and must be 
accompanied by the evidence and criteria utilized to make the 
determination: Provided further, That none of the funds made available 
under this Act may be used to pay for the performance of abortion as a 
method of family planning or to motivate or coerce any person to 
practice abortions: Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961: 
Provided further, That none of the funds made available under this Act 
may be used to lobby for or against abortion: Provided further, That in 
order to reduce reliance on abortion in developing nations, funds shall 
be available only to voluntary family planning projects which offer, 
either directly or through referral to, or information about access to, 
a broad range of family planning methods and services, and that any 
such voluntary family planning project shall meet the following 
requirements: (1) service providers or referral agents in the project 
shall not implement or be subject to quotas, or other numerical 
targets, of total number of births, number of family planning 
acceptors, or acceptors of a particular method of family planning (this 
provision shall not be construed to include the use of quantitative 
estimates or indicators for budgeting and planning purposes); (2) the 
project shall not include payment of incentives, bribes, gratuities, or 
financial reward to: (A) an individual in exchange for becoming a 
family planning acceptor; or (B) program personnel for achieving a 
numerical target or quota of total number of births, number of family 
planning acceptors, or acceptors of a particular method of family 
planning; (3) the project shall not deny any right or benefit, 
including the right of access to participate in any program of general 
welfare or the right of access to health care, as a consequence of any 
individual's decision not to accept family planning services; (4) the 
project shall provide family planning acceptors comprehensible 
information on the health benefits and risks of the method chosen, 
including those conditions that might render the use of the method 
inadvisable and those adverse side effects known to be consequent to 
the use of the method; and (5) the project shall ensure that 
experimental contraceptive drugs and devices and medical procedures are 
provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the Administrator of the United 
States Agency for International Development determines that there has 
been a violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of violations of 
the requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations a report 
containing a description of such violation and the corrective action 
taken by the Agency: Provided further, That in awarding grants for 
natural family planning under section 104 of the Foreign Assistance Act 
of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating 
funds for the Department of State, foreign operations, and related 
programs, the term `motivate', as it relates to family planning 
assistance, shall not be construed to prohibit the provision, 
consistent with local law, of information or counseling about all 
pregnancy options: Provided further, That information provided about 
the use of condoms as part of projects or activities that are funded 
from amounts appropriated by this Act shall be medically accurate and 
shall include the public health benefits and failure rates of such use.
    ``In addition, for necessary expenses to carry out the provisions 
of the Foreign Assistance Act of 1961 for the prevention, treatment, 
and control of, and research on, HIV/AIDS, $5,159,000,000, to remain 
available until expended, and which shall be apportioned directly to 
the Department of State: Provided, That of the funds appropriated under 
this paragraph, not less than $600,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), as amended, for a United States contribution 
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall 
be expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2009 may be made available to the United States Agency for 
International Development for technical assistance related to the 
activities of the Global Fund: Provided further, That of the funds 
appropriated under this paragraph, up to $14,000,000 may be made 
available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the Office of the Global AIDS 
Coordinator.
---------------------------------------------------------------------------

* * * * * * *

``global health activities
---------------------------------------------------------------------------

    ``Sec. 7060. (a) Funds appropriated by titles III and IV of this 
Act that are made available for bilateral assistance for child survival 
activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law except for 
the provisions under the heading `Global Health and Child Survival' and 
the United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
amended: Provided, That of the funds appropriated under title III of 
this Act, not less than $545,000,000 should be made available for 
family planning/reproductive health.
    ``(b) Notwithstanding any other provision of this Act, 10 percent 
of the funds that are appropriated by this Act for a contribution to 
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the 
`Global Fund') shall be withheld from obligation to the Global Fund 
until the Secretary of State reports to the Committees on 
Appropriations that the Global Fund--
---------------------------------------------------------------------------

  ``(1) is releasing incremental disbursements only if grantees demonstrate 
progress against clearly defined performance indicators; and

  ``(2) is implementing a reporting system that breaks down grantee budget 
allocations by programmatic activity.''.
---------------------------------------------------------------------------

    In the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009, see also: in title II, paragraph 
relating to assistance for the independent states of the Former Soviet 
Union; and in title VII, sec. 7015, relating to reprogramming 
notification requirements; sec. 7019, relating to allocations; sec. 
7020, relating to prohibition of payment of certain expenses; sec. 
7032, relating to authority to engage in debt buybacks or sales; sec. 
7059, relating to USAID management; sec. 7073, relating to independent 
states of the former Soviet Union; and sec. 7079, relating to 
contribution to United Nations Population Fund.
    In the Millennium Challenge Act of 2003 (title VI of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
2004), see sec. 605, relating to authorization of assistance.
    Title XI of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1892), provided the following:
---------------------------------------------------------------------------

``BILATERAL ECONOMIC ASSISTANCE

``Funds Appropriated to the President

``global health and child survival
---------------------------------------------------------------------------

    ``For an additional amount for `Global Health and Child Survival', 
$150,000,000, to remain available until September 30, 2010: Provided, 
That $50,000,000 shall be made available for pandemic preparedness and 
response: Provided further, That $100,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further, 
That notwithstanding any other provision of law, to include minimum 
funding requirements or funding directives, if the President determines 
and reports to the Committees on Appropriations that the human-to-human 
transmission of the H1N1 virus is efficient and sustained, severe, and 
is spreading internationally, funds made available under the headings 
`Global Health and Child Survival', `Development Assistance', `Economic 
Support Fund', and `Millennium Challenge Corporation' in prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs may be made available to combat the H1N1 virus: 
Provided further, That funds made available pursuant to the authority 
of the previous proviso shall be subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations.''.
    See also the President's Memorandum of January 23, 2009, to the 
Secretary of State and the Administrator of the U.S. Agency for 
International Development, relating to the Mexico City Policy and 
assistance for voluntary population planning (74 F.R. 4903). That 
memorandum revoked Presidential Memoranda of January 22, 2001, March 
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and, 
furthermore, provided the following: ``In addition, I direct the 
Secretary of State and the Administrator of USAID to take the following 
actions with respect to conditions in voluntary population planning to 
either the 2001 or 2003 memoranda and that are not required by the 
Foreign Assistance Act or any other law: (1) immediately waive such 
conditions in any current grants, and (2) notify current grantees, as 
soon as possible, that these conditions have been waived. I further 
direct that the Department of States and USAID immediately cease 
imposing these conditions in any future grants.''.
---------------------------------------------------------------------------
    (C) Appropriations pursuant to subparagraph (B) may be 
referred to as the ``Child Survival Fund.''
    (3) \26\ 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 this part 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) (relating to development assistance for health), 
$50,000,000 shall be used to carry out this paragraph.\27\
---------------------------------------------------------------------------
    \26\ Sec. 305 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added para. 
(3). Sec. 305(b) of the Act provides that: ``Each annual report 
required by section 634 of the Foreign Assistance Act of 1961 shall 
describe the progress achieved during the preceding fiscal year in 
carrying out section 104(c)(3) of such Act.''.
    \27\ Sec. 103(a) of Public Law 99-529 (100 Stat. 3010) added the 
last sentence of para. (3).
---------------------------------------------------------------------------
    (4) \28\ Relationship to other laws.--Assistance made 
available under this subsection and sections 104A, 104B, and 
104C, and assistance made available under chapter 4 of part II 
to carry out the purposes of this subsection and the provisions 
cited in this paragraph, may be made available notwithstanding 
any other provision of law that restricts assistance to foreign 
countries, except for the provisions of this subsection, the 
provisions of law cited in this paragraph, subsection (f), 
section 634A of this Act, and provisions of law that limit 
assistance to organizations that support or participate in a 
program of coercive abortion or involuntary sterilization 
included under the Child Survival and Health Programs Fund 
heading in the Consolidated Appropriations Resolution, 2003 
(Public Law 108-7).
---------------------------------------------------------------------------
    \28\ Sec. 303(c) of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat. 
711) added para. (4).
---------------------------------------------------------------------------
    (d) Integration of Assistance Programs.--(1) Assistance 
under this chapter 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 
chapter 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.\29\ 
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.
---------------------------------------------------------------------------
    \29\ Sec. 102(b) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 360) added the reference to 
community-based development programs.
---------------------------------------------------------------------------
    (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 103 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 Act 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) \30\ Prohibition on Use of Funds for Abortions and 
Involuntary Sterilizations.--(1) None of the funds made 
available to carry out this part may be used to pay for the 
performance of abortions as a method of family planning or to 
motivate \31\ or coerce any person to practice abortions.
---------------------------------------------------------------------------
    \30\ Popularly referred to as the Helms amendment. Sec. 708 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat. 
868), makes a similar prohibition.
    Sec. 605(e)(4) of the Millennium Challenge Act of 2003 (title VI of 
division D of Public Law 108-199; 118 Stat. 215), establishing the 
limitations on authorization of assistance, provides the following:
    ``(4) Prohibition on use of funds for abortions and involuntary 
sterilizations.--The prohibitions on use of funds contained in 
paragraphs (1) through (3) of section 104(f) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made 
available to carry out this section to the same extent and in the same 
manner as such prohibitions apply to funds made available to carry out 
part I of such Act. The prohibition on use of funds contained in any 
provision of law comparable to the eleventh and fourteenth provisos 
under the heading `Child Survival and Health Programs Fund' of division 
E of Public Law 108-7 (117 Stat. 162) shall apply to funds made 
available to carry out this section for fiscal year 2004.''.
    \31\ Title III of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 842), under ``Global Health and Child Survival'', 
provides the following:
    ``* * * That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for the Department of 
State, foreign operations, and related programs, the term `motivate', 
as it relates to family planning assistance, shall not be construed to 
prohibit the provision, consistent with local law, of information or 
counseling about all pregnancy options: Provided further, that 
information provided about the use of condoms as part of projects or 
activities that are funded from amounts appropriated by this Act shall 
be medically accurate and shall include the public health benefits and 
failure rates of such use.''.
    See also the President's Memorandum of January 23, 2009, to the 
Secretary of State and the Administrator of the U.S. Agency for 
International Development, relating to the Mexico City Policy and 
assistance for voluntary population planning (74 F.R. 4903). That 
memorandum revoked Presidential Memoranda of January 22, 2001, March 
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and, 
furthermore, provided the following: ``In addition, I direct the 
Secretary of State and the Administrator of USAID to take the following 
actions with respect to conditions in voluntary population planning to 
either the 2001 or 2003 memoranda and that are not required by the 
Foreign Assistance Act or any other law: (1) immediately waive such 
conditions in any current grants, and (2) notify current grantees, as 
soon as possible, that these conditions have been waived. I further 
direct that the Department of States and USAID immediately cease 
imposing these conditions in any future grants.''.
---------------------------------------------------------------------------
    (2) None of the funds made available to carry out this part 
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) \32\ None of the funds made available to carry out this 
part 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.
---------------------------------------------------------------------------
    \32\ Sec. 302(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1532) added para. 
(3).
---------------------------------------------------------------------------
    (g) Authorizations 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.\33\
---------------------------------------------------------------------------
    \33\ Sec. 303 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added 
authorization figures for fiscal years 1986 and 1987 to carry out 
subsecs. (b) and (c). Subsequently, sec. 404 of Public Law 99-529 (100 
Stat. 3341) replaced the $205,000,000 authorization for subsec. (c) 
with an authorization of $180,000,000. Authorizations under subsec. (b) 
in recent years include: fiscal year 1978--$167,000,000; fiscal year 
1979--$224,745,000; fiscal year 1980--$201,000,000; fiscal year 1981--
$238,000,000; fiscal year 1982--$211,000,000; fiscal year 1983--
$211,000,000; fiscal year 1984--$244,600,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2009--no authorization.
    Authorizations under subsec. (c) in recent years include: fiscal 
year 1978--$107,700,000; fiscal year 1979--$148,494,000; fiscal year 
1980--$141,000,000; fiscal year 1981--$145,300,000; fiscal year 1982--
$133,405,000; fiscal year 1983--$133,405,000 (of the 1982 and 1983 
subsec. (c) authorizations, not less than 16 percent or $38,000,000 
whichever amount is less was made available for United Nations Fund for 
Population Activities); fiscal year 1984--$133,404,000; fiscal year 
1985--no authorization; fiscal years 1988 through 2009--no 
authorization.
    Congress did not enact an authorization for fiscal year 2009. 
Instead, the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8), 
waives the requirement for authorization, and title III of that Act 
(123 Stat. 842), provides the following:
---------------------------------------------------------------------------

``global health and child survival

``(including transfer of funds)
---------------------------------------------------------------------------

    ``* * * That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations Acts may be made 
available to any organization or program which, as determined by the 
President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: Provided further, That any determination made under the 
previous proviso must be made no later than 6 months after the date of 
enactment of this Act, and must be accompanied by the evidence and 
criteria utilized to make the determination: Provided further, That 
none of the funds made available under this Act may be used to pay for 
the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the 
Foreign Assistance Act of 1961: Provided further, That none of the 
funds made available under this Act may be used to lobby for or against 
abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of the requirements 
contained in paragraph (1), (2), (3), or (5) of this proviso, or a 
pattern or practice of violations of the requirements contained in 
paragraph (4) of this proviso, the Administrator shall submit to the 
Committees on Appropriations a report containing a description of such 
violation and the corrective action taken by the Agency: Provided 
further, That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for the Department of 
State, foreign operations, and related programs, the term ``motivate'', 
as it relates to family planning assistance, shall not be construed to 
prohibit the provision, consistent with local law, of information or 
counseling about all pregnancy options: Provided further, That 
information provided about the use of condoms as part of projects or 
activities that are funded from amounts appropriated by this Act shall 
be medically accurate and shall include the public health benefits and 
failure rates of such use.''.
    See also the President's Memorandum of January 23, 2009, to the 
Secretary of State and the Administrator of the U.S. Agency for 
International Development, relating to the Mexico City Policy and 
assistance for voluntary population planning (74 F.R. 4903). That 
memorandum revoked Presidential Memoranda of January 22, 2001, March 
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and, 
furthermore, provided the following: ``In addition, I direct the 
Secretary of State and the Administrator of USAID to take the following 
actions with respect to conditions in voluntary population planning to 
either the 2001 or 2003 memoranda and that are not required by the 
Foreign Assistance Act or any other law: (1) immediately waive such 
conditions in any current grants, and (2) notify current grantees, as 
soon as possible, that these conditions have been waived. I further 
direct that the Department of States and USAID immediately cease 
imposing these conditions in any future grants.''.
---------------------------------------------------------------------------

SEC. 104A.\34\ ASSISTANCE TO COMBAT HIV/AIDS.

    (a) Finding.--Congress recognizes that the alarming spread 
of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, 
Central Asia, Eastern Europe, Latin America \35\ and other 
developing countries is a major global health, national 
security, development, and humanitarian crisis.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 2151b-2. Sec. 301(a)(2) of the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(Public Law 108-25; 117 Stat. 711) added sec. 104A.
    Title III and sec. 7060 of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009 (Public Law 
111-8; 123 Stat. 844, 898), provide the following:
---------------------------------------------------------------------------

``global health and child survival

``(including transfer of funds

* * * * * * *
---------------------------------------------------------------------------

    ``In addition, for necessary expenses to carry out the provisions 
of the Foreign Assistance Act of 1961 for the prevention, treatment, 
and control of, and research on, HIV/AIDS, $5,159,000,000, to remain 
available until expended, and which shall be apportioned directly to 
the Department of State: Provided, That of the funds appropriated under 
this paragraph, not less than $600,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), as amended, for a United States contribution 
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall 
be expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2009 may be made available to the United States Agency for 
International Development for technical assistance related to the 
activities of the Global Fund: Provided further, That of the funds 
appropriated under this paragraph, up to $14,000,000 may be made 
available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the Office of the Global AIDS 
Coordinator.
---------------------------------------------------------------------------

* * * * * * *

``global health activities
---------------------------------------------------------------------------

    ``Sec. 7060. (a) Funds appropriated by titles III and IV of this 
Act that are made available for bilateral assistance for child survival 
activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law except for 
the provisions under the heading `Global Health and Child Survival' and 
the United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
amended: Provided, That of the funds appropriated under title III of 
this Act, not less than $545,000,000 should be made available for 
family planning/reproductive health.
    ``(b) Notwithstanding any other provision of this Act, 10 percent 
of the funds that are appropriated by this Act for a contribution to 
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the 
`Global Fund') shall be withheld from obligation to the Global Fund 
until the Secretary of State reports to the Committees on 
Appropriations that the Global Fund--
---------------------------------------------------------------------------

  ``(1) is releasing incremental disbursements only if grantees demonstrate 
progress against clearly defined performance indicators; and

  ``(2) is implementing a reporting system that breaks down grantee budget 
allocations by programmatic activity.''.
---------------------------------------------------------------------------

    See also in that Act: sec. 7015, relating to reprogramming 
notification requirements; sec. 7019, relating to allocations; sec. 
7020, relating to prohibition of payment of certain expenses; sec. 
7059, relating to USAID management; and sec. 7079, relating to United 
Nations Population Fund.
    Title XI Supplemental Appropriations Act, 2009 (Public Law 111-32; 
123 Stat. 1892), provided the following:
---------------------------------------------------------------------------

``global health and child survival
---------------------------------------------------------------------------

    ``For an additional amount for `Global Health and Child Survival', 
$150,000,000, to remain available until September 30, 2010: Provided, 
That $50,000,000 shall be made available for pandemic preparedness and 
response: Provided further, That $100,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further, 
That notwithstanding any other provision of law, to include minimum 
funding requirements or funding directives, if the President determines 
and reports to the Committees on Appropriations that the human-to-human 
transmission of the H1N1 virus is efficient and sustained, severe, and 
is spreading internationally, funds made available under the headings 
`Global Health and Child Survival', `Development Assistance', `Economic 
Support Fund', and `Millennium Challenge Corporation' in prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs may be made available to combat the H1N1 virus: 
Provided further, That funds made available pursuant to the authority 
of the previous proviso shall be subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations.''.
    \35\ Sec. 301(a)(1) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2945) 
inserted ``Central Asia, Eastern Europe, Latin America'' after 
``Caribbean,''.
---------------------------------------------------------------------------
    (b) \36\ Policy.--
---------------------------------------------------------------------------
    \36\ Sec. 301(a)(2) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2945) 
amended and restated subsec. (b). It previously read as follows:
    ``(b) Policy.--It is a major objective of the foreign assistance 
program of the United States to provide assistance for the prevention, 
treatment, and control of HIV/AIDS. The United States and other 
developed countries should provide assistance to countries in sub-
Saharan Africa, the Caribbean, and other countries and areas to control 
this crisis through HIV/AIDS prevention, treatment, monitoring, and 
related activities, particularly activities focused on women and youth, 
including strategies to protect women and prevent mother-to-child 
transmission of the HIV infection.''.
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          (1) Objectives.--It is a major objective of the 
        foreign assistance program of the United States to 
        provide assistance for the prevention and treatment of 
        HIV/AIDS and the care of those affected by the disease. 
        It is the policy objective of the United States, by 
        2013, to--
                  (A) assist partner countries to--
                          (i) prevent 12,000,000 new HIV 
                        infections worldwide;
                          (ii) support--
                                  (I) the increase in the 
                                number of individuals with HIV/
                                AIDS receiving antiretroviral 
                                treatment above the goal 
                                established under section 
                                402(a)(3) and increased 
                                pursuant to paragraphs (1) 
                                through (3) of section 403(d); 
                                and
                                  (II) additional treatment 
                                through coordinated 
                                multilateral efforts;
                          (iii) support care for 12,000,000 
                        individuals infected with or affected 
                        by HIV/AIDS, including 5,000,000 
                        orphans and vulnerable children 
                        affected by HIV/AIDS, with an emphasis 
                        on promoting a comprehensive, 
                        coordinated system of services to be 
                        integrated throughout the continuum of 
                        care;
                          (iv) provide at least 80 percent of 
                        the target population with access to 
                        counseling, testing, and treatment to 
                        prevent the transmission of HIV from 
                        mother-to-child;
                          (v) provide care and treatment 
                        services to children with HIV in 
                        proportion to their percentage within 
                        the HIV-infected population of a given 
                        partner country; and
                          (vi) train and support retention of 
                        health care professionals, 
                        paraprofessionals, and community health 
                        workers in HIV/AIDS prevention, 
                        treatment, and care, with the target of 
                        providing such training to at least 
                        140,000 new health care professionals 
                        and paraprofessionals with an emphasis 
                        on training and in country deployment 
                        of critically needed doctors and 
                        nurses;
                  (B) strengthen the capacity to deliver 
                primary health care in developing countries, 
                especially in sub-Saharan Africa;
                  (C) support and help countries in their 
                efforts to achieve staffing levels of at least 
                2.3 doctors, nurses, and midwives per 1,000 
                population, as called for by the World Health 
                Organization; and
                  (D) help partner countries to develop 
                independent, sustainable HIV/AIDS programs.
          (2) Coordinated global strategy.--The United States 
        and other countries with the sufficient capacity should 
        provide assistance to countries in sub-Saharan Africa, 
        the Caribbean, Central Asia, Eastern Europe, and Latin 
        America, and other countries and regions confronting 
        HIV/AIDS epidemics in a coordinated global strategy to 
        help address generalized and concentrated epidemics 
        through HIV/AIDS prevention, treatment, care, 
        monitoring and evaluation, and related activities.
          (3) Priorities.--The United States Government's 
        response to the global HIV/AIDS pandemic and the 
        Government's efforts to help countries assume 
        leadership of sustainable campaigns to combat their 
        local epidemics should place high priority on--
                  (A) the prevention of the transmission of 
                HIV;
                  (B) moving toward universal access to HIV/
                AIDS prevention counseling and services;
                  (C) the inclusion of cost sharing assurances 
                that meet the requirements under section 110; 
                and
                  (D) the inclusion of transition strategies to 
                ensure sustainability of such programs and 
                activities, including health care systems, 
                under other international donor support, or 
                budget support by respective foreign 
                governments.
    (c) Authorization.--
          (1) In general.--Consistent with section 104(c), the 
        President is authorized to furnish assistance, on such 
        terms and conditions as the President may determine, 
        for HIV/AIDS, including to prevent, treat, and monitor 
        HIV/AIDS, and carry out related activities, in 
        countries in sub-Saharan Africa, the Caribbean, Central 
        Asia, Eastern Europe, Latin America, and other 
        countries and areas, particularly with respect to 
        refugee populations or those in postconflict settings 
        in such countries and areas with significant or 
        increasing HIV incidence rates.\37\
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    \37\ Sec. 301(b)(1) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2946) struck 
out ``and other countries and areas.'' and inserted in lieu thereof 
``Central Asia, Eastern Europe, Latin America, and other countries and 
areas, particularly with respect to refugee populations or those in 
postconflict settings in such countries and areas with significant or 
increasing HIV incidence rates.''.
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          (2) Role of ngos.--It is the sense of Congress that 
        the President should provide an appropriate level of 
        assistance under paragraph (1) through nongovernmental 
        organizations (including faith-based and community-
        based organizations) in countries in sub-Saharan 
        Africa, the Caribbean, Central Asia, Eastern Europe, 
        Latin America, and other countries and areas affected 
        by the HIV/AIDS pandemic, particularly with respect to 
        refugee populations or those in post-conflict settings 
        in such countries and areas with significant or 
        increasing HIV incidence rates..\38\
---------------------------------------------------------------------------
    \38\ Sec. 301(b)(2) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) struck 
out ``and other countries and areas affected by the HIV/AIDS pandemic'' 
and inserted in lieu thereof ``Central Asia, Eastern Europe, Latin 
America, and other countries and areas affected by the HIV/AIDS 
pandemic, particularly with respect to refugee populations or those in 
post-conflict settings in such countries and areas with significant or 
increasing HIV incidence rates.'' (resulting in a double period).
---------------------------------------------------------------------------
          (3) Coordination of assistance efforts.--The 
        President shall coordinate the provision of assistance 
        under paragraph (1) with the provision of related 
        assistance by the Joint United Nations Programme on 
        HIV/AIDS (UNAIDS), the United Nations Children's Fund 
        (UNICEF), the World Health Organization (WHO), the 
        United Nations Development Programme (UNDP), the Global 
        Fund to Fight AIDS, Tuberculosis and Malaria and other 
        appropriate international organizations (such as the 
        International Bank for Reconstruction and Development), 
        relevant regional multilateral development 
        institutions, national, state, and local governments of 
        partner countries, other international actors,,\39\ 
        appropriate governmental and nongovernmental 
        organizations, and relevant executive branch agencies 
        within the framework of the principles of the Three 
        Ones.\40\
---------------------------------------------------------------------------
    \39\ Sec. 301(b)(3)(A) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) struck 
out ``foreign countries'' and inserted in lieu thereof ``partner 
countries, other international actors,'' (resulting in a double comma).
    \40\ Sec. 301(b)(3)(B) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) 
inserted ``within the framework of the principles of the Three Ones''.
---------------------------------------------------------------------------
    (d) Activities Supported.--Assistance provided under 
subsection (c) shall, to the maximum extent practicable, be 
used to carry out the following activities:
          (1) Prevention.--Prevention of HIV/AIDS through 
        activities including--
                  (A) programs and efforts that are designed or 
                intended to impart knowledge with the exclusive 
                purpose of helping individuals avoid behaviors 
                that place them at risk of HIV infection, 
                including integration of such programs into 
                health programs and the inclusion in counseling 
                programs of information on methods of avoiding 
                infection of HIV, including delaying sexual 
                debut, abstinence, fidelity and monogamy, 
                reduction of casual sexual partnering and 
                multiple concurrent sexual partnering,,\41\ 
                reducing sexual violence and coercion, 
                including child marriage, widow inheritance, 
                and polygamy, and where appropriate, use of 
                male and female condoms; \42\
---------------------------------------------------------------------------
    \41\ Sec. 301(c)(1)(A)(i) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 
2947) inserted ``and multiple concurrent sexual partnering,'' after 
``casual sexual partnering'' (resulting in a double comma).
    \42\ Sec. 301(c)(1)(A)(ii) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 
2947) struck out ``condoms'' and inserted in lieu thereof ``male and 
female condoms''.
---------------------------------------------------------------------------
                  (B) assistance to establish and implement 
                culturally appropriate HIV/AIDS education and 
                prevention programs that are designed with 
                local input and \43\ focus on helping 
                individuals avoid infection of HIV/AIDS, 
                implemented through nongovernmental 
                organizations, including faith-based and 
                community-based organizations, particularly 
                those locally based organizations \44\ that 
                utilize both professionals and volunteers with 
                appropriate skills, experience, and community 
                presence;
---------------------------------------------------------------------------
    \43\ Sec. 301(c)(1)(B)(i) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 
2947) struck out ``programs that'' and inserted in lieu therof 
``programs that are designed with local input and''.
    \44\ Sec. 301(c)(1)(B)(ii) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 
2947) struck out ``those organizations'' and inserted in lieu thereof 
``those locally based organizations''.
---------------------------------------------------------------------------
                  (C) assistance for the purpose of encouraging 
                men to be responsible in their sexual behavior, 
                child rearing, and to respect women;
                  (D) assistance for the purpose of providing 
                voluntary testing and counseling (including the 
                incorporation of confidentiality protections 
                with respect to such testing and counseling) 
                and promoting the use of provider-initiated or 
                ``opt-out'' voluntary testing in accordance 
                with World Health Organization guidelines; \45\
---------------------------------------------------------------------------
    \45\ Sec. 301(c)(1)(C) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) 
inserted ``and promoting the use of provider-initiated or `opt-out' 
voluntary testing in accordance with World Health Organization 
guidelines''.
---------------------------------------------------------------------------
                  (E) assistance for the purpose of preventing 
                mother-to-child transmission of the HIV 
                infection, including medications to prevent 
                such transmission and access to infant formula 
                and other alternatives for infant feeding;
                  (F) \46\ assistance to--
---------------------------------------------------------------------------
    \46\ Sec. 301(c)(1)(D) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) 
redesignated former subparas. (F), (G), and (H) as subparas. (H), (I), 
and (J), respectively; and sec. (c)(1)(E) of that Act added new 
subparas. (F) and (G).
---------------------------------------------------------------------------
                          (i) achieve the goal of reaching 80 
                        percent of pregnant women for 
                        prevention and treatment of mother-to-
                        child transmission of HIV in countries 
                        in which the United States is 
                        implementing HIV/AIDS programs by 2013; 
                        and
                          (ii) promote infant feeding options 
                        and treatment protocols that meet the 
                        most recent criteria established by the 
                        World Health Organization;
                  (G) \46\ medical male circumcision programs 
                as part of national strategies to combat the 
                transmission of HIV/AIDS;
                  (H) \46\ assistance to ensure a safe blood 
                supply and sterile medical equipment;
                  (I) \46\ assistance to help avoid substance 
                abuse and intravenous drug use that can lead to 
                HIV infection; \47\
---------------------------------------------------------------------------
    \47\ Sec. 301(c)(1)(F) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) struck 
out ``and'' at the end of subpara. (I), as redesignated.
---------------------------------------------------------------------------
                  (J) \46\ assistance for the purpose of 
                increasing women's access to employment 
                opportunities, income, productive resources, 
                and microfinance programs, where appropriate.
                  (K) \48\ assistance for counseling, testing, 
                treatment, care, and support programs, 
                including--
---------------------------------------------------------------------------
    \48\ Sec. 301(c)(1)(G) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) added 
subpara. (K).
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                          (i) counseling and other services for 
                        the prevention of reinfection of 
                        individuals with HIV/AIDS;
                          (ii) counseling to prevent sexual 
                        transmission of HIV, including--
                                  (I) life skills development 
                                for practicing abstinence and 
                                faithfulness;
                                  (II) reducing the number of 
                                sexual partners;
                                  (III) delaying sexual debut; 
                                and
                                  (IV) ensuring correct and 
                                consistent use of condoms;
                          (iii) assistance to engage underlying 
                        vulnerabilities to HIV/AIDS, especially 
                        those of women and girls;
                          (iv) assistance for appropriate HIV/
                        AIDS education programs and training 
                        targeted to prevent the transmission of 
                        HIV among men who have sex with men;
                          (v) assistance to provide male and 
                        female condoms;
                          (vi) diagnosis and treatment of other 
                        sexually transmitted infections;
                          (vii) strategies to address the 
                        stigma and discrimination that impede 
                        HIV/AIDS prevention efforts; and
                          (viii) assistance to facilitate 
                        widespread access to microbicides for 
                        HIV prevention, if safe and effective 
                        products become available, including 
                        financial and technical support for 
                        culturally appropriate introductory 
                        programs, procurement, distribution, 
                        logistics management, program delivery, 
                        acceptability studies, provider 
                        training, demand generation, and 
                        postintroduction monitoring.
          (2) Treatment.--The treatment and care of individuals 
        with HIV/AIDS, including--
                  (A) assistance to establish and implement 
                programs to strengthen and broaden indigenous 
                health care delivery systems and the capacity 
                of such systems to deliver HIV/AIDS 
                pharmaceuticals and otherwise provide for the 
                treatment of individuals with HIV/AIDS, 
                including clinical training for indigenous 
                organizations and health care providers;
                  (B) assistance to strengthen and expand 
                hospice and palliative care programs to assist 
                patients debilitated by HIV/AIDS, their 
                families, and the primary caregivers of such 
                patients, including programs that utilize 
                faith-based and community-based organizations; 
                \49\
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    \49\ Sec. 301(c)(2)(A) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) struck 
out ``and'' at the end of subpara. (B).
---------------------------------------------------------------------------
                  (C) assistance for the purpose of the care 
                and treatment of individuals with HIV/AIDS 
                through the provision of pharmaceuticals, 
                including antiretrovirals and other 
                pharmaceuticals and therapies for the treatment 
                of opportunistic infections, pain 
                management,\50\ nutritional support, and other 
                treatment modalities; \51\
---------------------------------------------------------------------------
    \50\ Sec. 301(c)(2)(B)(i) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 
2948) inserted ``pain management,'' after ``opportunistic 
infections,''.
    \51\ Sec. 301(c)(2)(B)(ii) of the Tom Lantos and Henry J. Hyde 
United States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 
2948) struck out a period and inserted in lieu thereof a semicolon at 
the end of subpara. (C).
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                  (D) \52\ as part of care and treatment of 
                HIV/AIDS, assistance (including prophylaxis and 
                treatment) for common HIV/AIDS-related 
                opportunistic infections for free or at a rate 
                at which it is easily affordable to the 
                individuals and populations being served;
---------------------------------------------------------------------------
    \52\ Sec. 301(c)(2)(C) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) added 
subparas. (D) and (E). As enrolled, new subpara. (E) closes with a 
semicolon; probably should close with a period.
---------------------------------------------------------------------------
                  (E) \52\ as part of care and treatment of 
                HIV/AIDS, assistance or referral to available 
                and adequately resourced service providers for 
                nutritional support, including counseling and 
                where necessary the provision of commodities, 
                for persons meeting malnourishment criteria and 
                their families;
          (3) Preventative intervention education and 
        technologies.--(A) With particular emphasis on specific 
        populations that represent a particularly high risk of 
        contracting or spreading HIV/AIDS, including those 
        exploited through the sex trade, victims of rape and 
        sexual assault, individuals already infected with HIV/
        AIDS, and in cases of occupational exposure of health 
        care workers, assistance with efforts to reduce the 
        risk of HIV/AIDS infection including post-exposure 
        pharmaceutical prophylaxis, and necessary 
        pharmaceuticals and commodities, including test kits, 
        condoms, and, when proven effective, microbicides.
          (B) Bulk purchases of available test kits, condoms, 
        and, when proven effective, microbicides that are 
        intended to reduce the risk of HIV/AIDS transmission 
        and for appropriate program support for the 
        introduction and distribution of these commodities, as 
        well as education and training on the use of the 
        technologies.
          (4) Monitoring.--The monitoring of programs, 
        projects, and activities carried out pursuant to 
        paragraphs (1) through (3), including--
                  (A) monitoring to ensure that adequate 
                controls are established and implemented to 
                provide HIV/AIDS pharmaceuticals and other 
                appropriate medicines to poor individuals with 
                HIV/AIDS;
                  (B) appropriate evaluation and surveillance 
                activities;
                  (C) monitoring to ensure that appropriate 
                measures are being taken to maintain the 
                sustainability of HIV/AIDS pharmaceuticals 
                (especially antiretrovirals) and ensure that 
                drug resistance is not compromising the 
                benefits of such pharmaceuticals; \53\
---------------------------------------------------------------------------
    \53\ Sec. 301(c)(3)(A) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) struck 
out ``and'' at the end of subpara. (C).
---------------------------------------------------------------------------
                  (D) monitoring to ensure appropriate law 
                enforcement officials are working to ensure 
                that HIV/AIDS pharmaceuticals are not 
                diminished through illegal counterfeiting or 
                black market sales of such pharmaceuticals; 
                \54\
---------------------------------------------------------------------------
    \54\ Sec. 301(c)(3)(B) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) struck 
out a period at the end of subpara. (D) and inserted in lieu thereof a 
semicolon.
---------------------------------------------------------------------------
                  (E) \55\ carrying out and expanding program 
                monitoring, impact evaluation research and 
                analysis, and operations research and 
                disseminating data and findings through 
                mechanisms to be developed by the Coordinator 
                of United States Government Activities to 
                Combat HIV/AIDS Globally, in coordination with 
                the Director of the Centers for Disease 
                Control, in order to--
---------------------------------------------------------------------------
    \55\ Sec. 301(c)(3)(C) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) added 
new subparas. (E) and (F).
---------------------------------------------------------------------------
                          (i) improve accountability, increase 
                        transparency, and ensure the delivery 
                        of evidence-based services through the 
                        collection, evaluation, and analysis of 
                        data regarding gender-responsive 
                        interventions, disaggregated by age and 
                        sex;
                          (ii) identify and replicate effective 
                        models; and
                          (iii) develop gender indicators to 
                        measure outcomes and the impacts of 
                        interventions; and
                  (F) \55\ establishing appropriate systems 
                to--
                          (i) gather epidemiological and social 
                        science data on HIV; and
                          (ii) evaluate the effectiveness of 
                        prevention efforts among men who have 
                        sex with men, with due consideration to 
                        stigma and risks associated with 
                        disclosure.
          (5) Pharmaceuticals.--
                  (A) Procurement.--The procurement of HIV/AIDS 
                pharmaceuticals, antiviral therapies, and other 
                appropriate medicines, including medicines to 
                treat opportunistic infections.
                  (B) Mechanisms for quality control and 
                sustainable supply.--Mechanisms to ensure that 
                such HIV/AIDS pharmaceuticals, antiretroviral 
                therapies, and other appropriate medicines are 
                quality-controlled and sustainably supplied.
                  (C) \56\ Mechanism to ensure cost-effective 
                drug purchasing.--Subject to subparagraph (B), 
                mechanisms to ensure that safe and effective 
                pharmaceuticals, including antiretrovirals and 
                medicines to treat opportunistic infections, 
                are purchased at the lowest possible price at 
                which such pharmaceuticals may be obtained in 
                sufficient quantity on the world market, 
                provided that such pharmaceuticals are 
                approved, tentatively approved, or otherwise 
                authorized for use by--
---------------------------------------------------------------------------
    \56\ Sec. 301(c)(4) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) 
resdesignated subpara. (C) as (D), and added a new subpara. (C).
---------------------------------------------------------------------------
                          (i) the Food and Drug Administration;
                          (ii) a stringent regulatory agency 
                        acceptable to the Secretary of Health 
                        and Human Services; or
                          (iii) a quality assurance mechanism 
                        acceptable to the Secretary of Health 
                        and Human Services.
                  (D) \56\ Distribution.--The distribution of 
                such HIV/AIDS pharmaceuticals, antiviral 
                therapies, and other appropriate medicines 
                (including medicines to treat opportunistic 
                infections) to qualified national, regional, or 
                local organizations for the treatment of 
                individuals with HIV/AIDS in accordance with 
                appropriate HIV/AIDS testing and monitoring 
                requirements and treatment protocols and for 
                the prevention of mother-to-child transmission 
                of the HIV infection.
          (6) \57\ Related and coordinated activities.--The 
        conduct of related activities, including--
---------------------------------------------------------------------------
    \57\ Sec. 301(c)(5)(A) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) 
restated the para. heading, which previously read ``Related 
activities''.
---------------------------------------------------------------------------
                  (A) the care and support of children who are 
                orphaned by the HIV/AIDS pandemic, including 
                services designed to care for orphaned children 
                in a family environment which rely on extended 
                family members;
                  (B) improved infrastructure and institutional 
                capacity to develop and manage education, 
                prevention, and treatment programs, including 
                training and the resources to collect and 
                maintain accurate HIV surveillance data to 
                target programs and measure the effectiveness 
                of interventions; \58\
---------------------------------------------------------------------------
    \58\ Sec. 301(c)(5)(B) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) struck 
out ``and'' at the end of subpara. (B).
---------------------------------------------------------------------------
                  (C) vaccine research and development 
                partnership programs with specific plans of 
                action to develop a safe, effective, 
                accessible, preventive HIV vaccine for use 
                throughout the world; and \59\
---------------------------------------------------------------------------
    \59\ Sec. 301(c)(5)(C) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) struck 
out a period at the end of subpara. (C) and inserted in lieu thereof 
``; and''.
---------------------------------------------------------------------------
                  (D) \60\ coordinated or referred activities 
                to--
---------------------------------------------------------------------------
    \60\ Sec. 301(c)(5)(D) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) added 
subparas. (D) through (G).
---------------------------------------------------------------------------
                          (i) enhance the clinical impact of 
                        HIV/AIDS care and treatment; and
                          (ii) ameliorate the adverse social 
                        and economic costs often affecting 
                        AIDS-impacted families and communities 
                        through the direct provision, as 
                        necessary, or through the referral, if 
                        possible, of support services, 
                        including--
                                  (I) nutritional and food 
                                support;
                                  (II) safe drinking water and 
                                adequate sanitation;
                                  (III) nutritional counseling;
                                  (IV) income-generating 
                                activities and livelihood 
                                initiatives;
                                  (V) maternal and child health 
                                care;
                                  (VI) primary health care;
                                  (VII) the diagnosis and 
                                treatment of other infectious 
                                or sexually transmitted 
                                diseases;
                                  (VIII) substance abuse and 
                                treatment services; and
                                  (IX) legal services;
                  (E) \60\ coordinated or referred activities 
                to link programs addressing HIV/AIDS with 
                programs addressing gender-based violence in 
                areas of significant HIV prevalence to assist 
                countries in the development and enforcement of 
                women's health, children's health, and HIV/AIDS 
                laws and policies that--
                          (i) prevent and respond to violence 
                        against women and girls;
                          (ii) promote the integration of 
                        screening and assessment for gender-
                        based violence into HIV/AIDS 
                        programming;
                          (iii) promote appropriate HIV/AIDS 
                        counseling, testing, and treatment into 
                        gender-based violence programs; and
                          (iv) assist governments to develop 
                        partnerships with civil society 
                        organizations to create networks for 
                        psychosocial, legal, economic, or other 
                        support services;
                  (F) \60\ coordinated or referred activities 
                to--
                          (i) address the frequent coinfection 
                        of HIV and tuberculosis, in accordance 
                        with World Health Organization 
                        guidelines;
                          (ii) promote provider-initiated or 
                        ``opt-out'' HIV/AIDS counseling and 
                        testing and appropriate referral for 
                        treatment and care to individuals with 
                        tuberculosis or its symptoms, 
                        particularly in areas with significant 
                        HIV prevalence; and
                          (iii) strengthen programs to ensure 
                        that individuals testing positive for 
                        HIV receive tuberculosis screening and 
                        to improve laboratory capacities, 
                        infection control, and adherence; and
                  (G) \60\ activities to--
                          (i) improve the effectiveness of 
                        national responses to HIV/AIDS;
                          (ii) strengthen overall health 
                        systems in high-prevalence countries, 
                        including support for workforce 
                        training, retention, and effective 
                        deployment, capacity building, 
                        laboratory development, equipment 
                        maintenance and repair, and public 
                        health and related public financial 
                        management systems and operations; and
                          (iii) encourage fair and transparent 
                        procurement practices among partner 
                        countries; and
                          (iv) promote in-country or intra-
                        regional pediatric training for 
                        physicians and other health 
                        professionals, preferably through 
                        public-private partnerships involving 
                        colleges and universities, with the 
                        goal of increasing pediatric HIV 
                        workforce capacity.
          (7) Comprehensive hiv/aids public-private 
        partnerships.--The establishment and operation of 
        public-private partnership entities within countries in 
        sub-Saharan Africa, the Caribbean, and other countries 
        affected by the HIV/AIDS pandemic that are dedicated to 
        supporting the national strategy of such countries 
        regarding the prevention, treatment, and monitoring of 
        HIV/AIDS. Each such public-private partnership should)
                  (A) support the development, implementation, 
                and management of comprehensive HIV/AIDS plans 
                in support of the national HIV/AIDS strategy;
                  (B) operate at all times in a manner that 
                emphasizes efficiency, accountability, and 
                results-driven programs;
                  (C) engage both local and foreign development 
                partners and donors, including businesses, 
                government agencies, academic institutions, 
                nongovernmental organizations, foundations, 
                multilateral development agencies, and faith-
                based organizations, to assist the country in 
                coordinating and implementing HIV/AIDS 
                prevention, treatment, and monitoring programs 
                in accordance with its national HIV/AIDS 
                strategy;
                  (D) provide technical assistance, consultant 
                services, financial planning, monitoring and 
                evaluation, and research in support of the 
                national HIV/AIDS strategy; and
                  (E) establish local human resource capacities 
                for the national HIV/AIDS strategy through the 
                transfer of medical, managerial, leadership, 
                and technical skills.
          (8) \61\ Compacts and framework agreements.--The 
        development of compacts or framework agreements, 
        tailored to local circumstances, with national 
        governments or regional partnerships in countries with 
        significant HIV/AIDS burdens to promote host government 
        commitment to deeper integration of HIV/AIDS services 
        into health systems, contribute to health systems 
        overall, and enhance sustainability, including--
---------------------------------------------------------------------------
    \61\ Sec. 301(c)(6) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2950) added 
para. (8).
---------------------------------------------------------------------------
                  (A) cost sharing assurances that meet the 
                requirements under section 110; and
                  (B) transition strategies to ensure 
                sustainability of such programs and activities, 
                including health care systems, under other 
                international donor support, or budget support 
                by respective foreign governments.
    (e) \62\ Compacts and Framework Agreements.--
---------------------------------------------------------------------------
    \62\ Sec. 301(d) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2951) 
redesignated subsecs. (e) through (g) as subsecs. (f) through (h), 
respectively, and added a new subsec. (e).
---------------------------------------------------------------------------
          (1) Findings.--Congress makes the following findings:
                  (A) The congressionally mandated Institute of 
                Medicine report entitled ``PEPFAR 
                Implementation: Progress and Promise'' states: 
                ``The next strategy [of the U.S. Global AIDS 
                Initiative] should squarely address the needs 
                and challenges involved in supporting 
                sustainable country HIV/AIDS programs, thereby 
                transitioning from a focus on emergency 
                relief.''.
                  (B) One mechanism to promote the transition 
                from an emergency to a public health and 
                development approach to HIV/AIDS is through 
                compacts or framework agreements between the 
                United States Government and each participating 
                nation.
          (2) Elements.--Compacts on HIV/AIDS authorized under 
        subsection (d)(8) shall include the following elements:
                  (A) Compacts whose primary purpose is to 
                provide direct services to combat HIV/AIDS are 
                to be made between--
                          (i) the United States Government; and
                          (ii)(I) national or regional entities 
                        representing low-income countries 
                        served by an existing United States 
                        Agency for International Development or 
                        Department of Health and Human Services 
                        presence or regional platform; or
                          (II) countries or regions--
                                  (aa) experiencing 
                                significantly high HIV 
                                prevalence or risk of 
                                significantly increasing 
                                incidence within the general 
                                population;
                                  (bb) served by an existing 
                                United States Agency for 
                                International Development or 
                                Department of Health and Human 
                                Services presence or regional 
                                platform; and
                                  (cc) that have inadequate 
                                financial means within such 
                                country or region.
                  (B) Compacts whose primary purpose is to 
                provide limited technical assistance to a 
                country or region connected to services 
                provided within the country or region--
                          (i) may be made with other countries 
                        or regional entities served by an 
                        existing United States Agency for 
                        International Development or Department 
                        of Health and Human Services presence 
                        or regional platform;
                          (ii) shall require significant 
                        investments in HIV prevention, care, 
                        and treatment services by the host 
                        country;
                          (iii) shall be time-limited in terms 
                        of United States contributions; and
                          (iv) shall be made only upon prior 
                        notification to Congress--
                                  (I) justifying the need for 
                                such compacts;
                                  (II) describing the expected 
                                investment by the country or 
                                regional entity; and
                                  (III) describing the scope, 
                                nature, expected total United 
                                States investment, and time 
                                frame of the limited technical 
                                assistance under the compact 
                                and its intended impact.
                  (C) Compacts shall include provisions to--
                          (i) promote local and national 
                        efforts to reduce stigma associated 
                        with HIV/AIDS; and
                          (ii) work with and promote the role 
                        of civil society in combating HIV/AIDS.
                  (D) Compacts shall take into account the 
                overall national health and development and 
                national HIV/AIDS and public health strategies 
                of each country.
                  (E) Compacts shall contain--
                          (i) consideration of the specific 
                        objectives that the country and the 
                        United States expect to achieve during 
                        the term of a compact;
                          (ii) consideration of the respective 
                        responsibilities of the country and the 
                        United States in the achievement of 
                        such objectives;
                          (iii) consideration of regular 
                        benchmarks to measure progress toward 
                        achieving such objectives;
                          (iv) an identification of the 
                        intended beneficiaries, disaggregated 
                        by gender and age, and including 
                        information on orphans and vulnerable 
                        children, to the maximum extent 
                        practicable;
                          (v) consideration of the methods by 
                        which the compact is intended to--
                                  (I) address the factors that 
                                put women and girls at greater 
                                risk of HIV/AIDS; and
                                  (II) strengthen elements such 
                                as the economic, educational, 
                                and social status of women, 
                                girls, orphans, and vulnerable 
                                children and the inheritance 
                                rights and safety of such 
                                individuals;
                          (vi) consideration of the methods by 
                        which the compact will--
                                  (I) strengthen the health 
                                care capacity, including 
                                factors such as the training, 
                                retention, deployment, 
                                recruitment, and utilization of 
                                health care workers;
                                  (II) improve supply chain 
                                management; and
                                  (III) improve the health 
                                systems and infrastructure of 
                                the partner country, including 
                                the ability of compact 
                                participants to maintain and 
                                operate equipment transferred 
                                or purchased as part of the 
                                compact;
                          (vii) consideration of proposed 
                        mechanisms to provide oversight;
                          (viii) consideration of the role of 
                        civil society in the development of a 
                        compact and the achievement of its 
                        objectives;
                          (ix) a description of the current and 
                        potential participation of other donors 
                        in the achievement of such objectives, 
                        as appropriate; and
                          (x) consideration of a plan to ensure 
                        appropriate fiscal accountability for 
                        the use of assistance.
                  (F) For regional compacts, priority shall be 
                given to countries that are included in 
                regional funds and programs in existence as of 
                the date of the enactment of the Tom Lantos and 
                Henry J. Hyde United States Global Leadership 
                Against HIV/AIDS, Tuberculosis, and Malaria 
                Reauthorization Act of 2008.
                  (G) Amounts made available for compacts 
                described in subparagraphs (A) and (B) shall be 
                subject to the inclusion of--
                          (i) cost sharing assurances that meet 
                        the requirements under section 110; and
                          (ii) transition strategies to ensure 
                        sustainability of such programs and 
                        activities, including health care 
                        systems, under other international 
                        donor support, and budget support by 
                        respective foreign governments.
          (3) Local input.--In entering into a compact on HIV/
        AIDS authorized under subsection (d)(8), the 
        Coordinator of United States Government Activities to 
        Combat HIV/AIDS Globally shall seek to ensure that the 
        government of a country--
                  (A) takes into account the local perspectives 
                of the rural and urban poor, including women, 
                in each country; and
                  (B) consults with private and voluntary 
                organizations, including faith-based 
                organizations, the business community, and 
                other donors in the country.
          (4) Congressional and public notification after 
        entering into a compact.--Not later than 10 days after 
        entering into a compact authorized under subsection 
        (d)(8), the Global AIDS Coordinator shall--
                  (A) submit a report containing a detailed 
                summary of the compact and a copy of the text 
                of the compact to--
                          (i) the Committee on Foreign 
                        Relations of the Senate;
                          (ii) the Committee on Appropriations 
                        of the Senate;
                          (iii) the Committee on Foreign 
                        Affairs of the House of 
                        Representatives; and
                          (iv) the Committee on Appropriations 
                        of the House of Representatives; and
                  (B) publish such information in the Federal 
                Register and on the Internet website of the 
                Office of the Global AIDS Coordinator.
    (f) \62\ Annual Report.--
          (1) In general.--Not later than January 31 of each 
        year, the President shall submit to the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Foreign Affairs \63\ of the House of Representatives a 
        report on the implementation of this section for the 
        prior fiscal year.
---------------------------------------------------------------------------
    \63\ Sec. 301(e)(1) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2953) struck 
out ``Committee on International Relations'' and inserted in lieu 
thereof ``Committee on Foreign Affairs''.
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          (2) Report elements.--Each report shall include--
                  (A) a description of efforts made by each 
                relevant executive branch agency to implement 
                the policies set forth in this section, section 
                104B, and section 104C;
                  (B) a description of the programs established 
                pursuant to such sections; \64\
---------------------------------------------------------------------------
    \64\ Sec. 301(e)(2)(A) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2953) struck 
out ``and'' at the end of subpara. (B).
---------------------------------------------------------------------------
                  (C) \65\ a detailed breakdown of funding 
                allocations, by program and by country, for 
                prevention activities; and
---------------------------------------------------------------------------
    \65\ Sec. 301(e)(2)(B) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2954) 
amended and restated subpara. (C) and added a new subpara. (D). 
Subpara. (C) previously read as follows:
    ``(C) a detailed assessment of the impact of programs established 
pursuant to such sections, including
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  ``(i)(I) the effectiveness of such programs in reducing the spread of the 
HIV infection, particularly in women and girls, in reducing mother-to-child 
transmission of the HIV infection, and in reducing mortality rates from 
HIV/AIDS; and

  ``(II) the number of patients currently receiving treatment for AIDS in 
each country that receives assistance under this Act.

  ``(ii) the progress made toward improving health care delivery systems 
(including the training of adequate numbers of staff) and infrastructure to 
ensure increased access to care and treatment;

  ``(iii) with respect to tuberculosis, the increase in the number of 
people treated and the increase in number of tuberculosis patients cured 
through each program, project, or activity receiving United States foreign 
assistance for tuberculosis control purposes; and

  ``(iv) with respect to malaria, the increase in the number of people 
treated and the increase in number of malaria patients cured through each 
program, project, or activity receiving United States foreign assistance 
for malaria control purposes.''.

                  (D) \65\ a detailed assessment of the impact 
                of programs established pursuant to such 
                sections, including--
                          (i)(I) the effectiveness of such 
                        programs in reducing--
                                  (aa) the transmission of HIV, 
                                particularly in women and 
                                girls;
                                  (bb) mother-to-child 
                                transmission of HIV, including 
                                through drug treatment and 
                                therapies, either directly or 
                                by referral; and
                                  (cc) mortality rates from 
                                HIV/AIDS;
                          (II) the number of patients receiving 
                        treatment for AIDS in each country that 
                        receives assistance under this Act;
                          (III) an assessment of progress 
                        towards the achievement of annual goals 
                        set forth in the timetable required 
                        under the 5-year strategy established 
                        under section 101 of the United States 
                        Leadership Against HIV/AIDS, 
                        Tuberculosis, and Malaria Act of 2003 
                        and, if annual goals are not being met, 
                        the reasons for such failure; and
                          (IV) retention and attrition data for 
                        programs receiving United States 
                        assistance, including mortality and 
                        loss to follow-up rates, organized 
                        overall and by country;
                          (ii) the progress made toward--
                                  (I) improving health care 
                                delivery systems (including the 
                                training of health care 
                                workers, including doctors, 
                                nurses, midwives, pharmacists, 
                                laboratory technicians, and 
                                compensated community health 
                                workers, and the use of codes 
                                of conduct for ethical 
                                recruiting practices for health 
                                care workers);
                                  (II) advancing safe working 
                                conditions for health care 
                                workers; and
                                  (III) improving 
                                infrastructure to promote 
                                progress toward universal 
                                access to HIV/AIDS prevention, 
                                treatment, and care by 2013;
                          (iii) a description of coordination 
                        efforts with relevant executive branch 
                        agencies to link HIV/AIDS clinical and 
                        social services with non-HIV/AIDS 
                        services as part of the United States 
                        health and development agenda;
                          (iv) a detailed description of 
                        integrated HIV/AIDS and food and 
                        nutrition programs and services, 
                        including--
                                  (I) the amount spent on food 
                                and nutrition support;
                                  (II) the types of activities 
                                supported; and
                                  (III) an assessment of the 
                                effectiveness of interventions 
                                carried out to improve the 
                                health status of persons with 
                                HIV/AIDS receiving food or 
                                nutritional support;
                          (v) a description of efforts to 
                        improve harmonization, in terms of 
                        relevant executive branch agencies, 
                        coordination with other public and 
                        private entities, and coordination with 
                        partner countries' national strategic 
                        plans as called for in the ``Three 
                        Ones'';
                          (vi) a description of--
                                  (I) the efforts of partner 
                                countries that were signatories 
                                to the Abuja Declaration on 
                                HIV/AIDS, Tuberculosis and 
                                Other Related Infectious 
                                Diseases to adhere to the goals 
                                of such Declaration in terms of 
                                investments in public health, 
                                including HIV/AIDS; and
                                  (II) a description of the 
                                HIV/AIDS investments of partner 
                                countries that were not 
                                signatories to such 
                                Declaration;
                          (vii) a detailed description of any 
                        compacts or framework agreements 
                        reached or negotiated between the 
                        United States and any partner 
                        countries, including a description of 
                        the elements of compacts described in 
                        subsection (e);
                          (viii) a description of programs 
                        serving women and girls, including--
                                  (I) HIV/AIDS prevention 
                                programs that address the 
                                vulnerabilities of girls and 
                                women to HIV/AIDS;
                                  (II) information on the 
                                number of individuals served by 
                                programs aimed at reducing the 
                                vulnerabilities of women and 
                                girls to HIV/AIDS and data on 
                                the types, objectives, and 
                                duration of programs to address 
                                these issues;
                                  (III) information on programs 
                                to address the particular needs 
                                of adolescent girls and young 
                                women; and
                                  (IV) programs to prevent 
                                gender-based violence or to 
                                assist victims of gender based 
                                violence as part of, or in 
                                coordination with, HIV/AIDS 
                                programs;
                          (ix) a description of strategies, 
                        goals, programs, and interventions to--
                                  (I) address the needs and 
                                vulnerabilities of youth 
                                populations;
                                  (II) expand access among 
                                young men and women to 
                                evidence-based HIV/AIDS health 
                                care services and HIV 
                                prevention programs, including 
                                abstinence education programs; 
                                and
                                  (III) expand community-based 
                                services to meet the needs of 
                                orphans and of children and 
                                adolescents affected by or 
                                vulnerable to HIV/AIDS without 
                                increasing stigmatization;
                          (x) a description of--
                                  (I) the specific strategies 
                                funded to ensure the reduction 
                                of HIV infection among 
                                injection drug users;
                                  (II) the number of injection 
                                drug users, by country, reached 
                                by such strategies; and
                                  (III) medication-assisted 
                                drug treatment for individuals 
                                with HIV or at risk of HIV;
                          (xi) a detailed description of 
                        program monitoring, operations 
                        research, and impact evaluation 
                        research, including--
                                  (I) the amount of funding 
                                provided for each research 
                                type;
                                  (II) an analysis of cost-
                                effectiveness models; and
                                  (III) conclusions regarding 
                                the efficiency, effectiveness, 
                                and quality of services as 
                                derived from previous or 
                                ongoing research and monitoring 
                                efforts;
                          (xii) building capacity to identify, 
                        investigate, and stop nosocomial 
                        transmission of infectious diseases, 
                        including HIV and tuberculosis; and
                          (xiii) a description of staffing 
                        levels of United States government HIV/
                        AIDS teams in countries with 
                        significant HIV/AIDS programs, 
                        including whether or not a full-time 
                        coordinator was on staff for the year.
    (g) \62\ Funding Limitation.--Of the funds made available 
to carry out this section in any fiscal year, not more than 7 
percent may be used for the administrative expenses of the 
United States Agency for International Development in support 
of activities described in section 104(c), this section, 
section 104B, and section 104C. Such amount shall be in 
addition to other amounts otherwise available for such 
purposes.
    (h) \62\ Definitions.--In this section:
          (1) AIDS.--The term ``AIDS'' means acquired immune 
        deficiency syndrome.
          (2) HIV.--The term ``HIV'' means the human 
        immunodeficiency virus, the pathogen that causes AIDS.
          (3) HIV/AIDS.--The term ``HIV/AIDS'' means, with 
        respect to an individual, an individual who is infected 
        with HIV or living with AIDS.
          (4) Relevant executive branch agencies.--The term 
        ``relevant executive branch agencies'' means the 
        Department of State, the United States Agency for 
        International Development, the Department of Health and 
        Human Services (including its agencies and offices), 
        and any other department or agency of the United States 
        that participates in international HIV/AIDS activities 
        pursuant to the authorities of such department or 
        agency or this Act.

SEC. 104B.\66\ ASSISTANCE TO COMBAT TUBERCULOSIS.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \66\ 22 U.S.C. 2151b-3. Sec. 302(a) of the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
108-25; 117 Stat. 711) added sec. 104B.
---------------------------------------------------------------------------
          (1) Congress recognizes the growing international 
        problem of tuberculosis and the impact its continued 
        existence has on those countries that had previously 
        largely controlled the disease.
          (2) Congress further recognizes that the means exist 
        to control and treat tuberculosis through expanded use 
        of the DOTS (Directly Observed Treatment Short-course) 
        treatment strategy, including DOTS-Plus to address 
        multi-drug resistant tuberculosis, and adequate 
        investment in newly created mechanisms to increase 
        access to treatment, including the Global Tuberculosis 
        Drug Facility established in 2001 pursuant to the 
        Amsterdam Declaration to Stop TB and the Global 
        Alliance for TB Drug Development.
    (b) \67\ Policy.--It is a major objective of the foreign 
assistance program of the United States to control 
tuberculosis. In all countries in which the Government of the 
United States has established development programs, 
particularly in countries with the highest burden of 
tuberculosis and other countries with high rates of 
tuberculosis, the United States should support the objectives 
of the Global Plan to Stop TB, including through achievement of 
the following goals:
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    \67\ Sec. 302(a) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2957) 
amended and restated subsec. (b). It previously read as follows:
    ``(b) Policy.--It is a major objective of the foreign assistance 
program of the United States to control tuberculosis, including 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, not later than December 31, 2005, in those countries 
classified by the World Health Organization as among the highest 
tuberculosis burden, and not later than December 31, 2010, in all 
countries in which the United States Agency for International 
Development has established development programs.''.
---------------------------------------------------------------------------
          (1) Reduce by half the tuberculosis death and disease 
        burden from the 1990 baseline.
          (2) Sustain or exceed the detection of at least 70 
        percent of sputum smear-positive cases of tuberculosis 
        and the successful treatment of at least 85 percent of 
        the cases detected in countries with established United 
        States Agency for International Development 
        tuberculosis programs.
          (3) In support of the Global Plan to Stop TB, the 
        President shall establish a comprehensive, 5-year 
        United States strategy to expand and improve United 
        States efforts to combat tuberculosis globally, 
        including a plan to support--
                  (A) the successful treatment of 4,500,000 new 
                sputum smear tuberculosis patients under DOTS 
                programs by 2013, primarily through direct 
                support for needed services, commodities, 
                health workers, and training, and additional 
                treatment through coordinated multilateral 
                efforts; and
                  (B) the diagnosis and treatment of 90,000 new 
                multiple drug resistant tuberculosis cases by 
                2013, and additional treatment through 
                coordinated multilateral efforts.
    (c) Authorization.--To carry out this section and 
consistent with section 104(c), the President is authorized to 
furnish assistance, on such terms and conditions as the 
President may determine, for the prevention, treatment, 
control, and elimination of tuberculosis.
    (d) Coordination.--In carrying out this section, the 
President shall coordinate with the World Health Organization, 
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and 
other organizations with respect to the development and 
implementation of a comprehensive tuberculosis control program.
    (e) \68\ Priority To Stop TB Strategy.--In furnishing 
assistance under subsection (c), the President shall give 
priority to--
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    \68\ Sec. 302(b) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2958) 
amended and restated subsec. (e). It previously read as follows:
    ``(e) Priority to DOTS Coverage.--In furnishing assistance under 
subsection (c), the President shall give priority to activities that 
increase Directly Observed Treatment Short-course (DOTS) coverage and 
treatment of multi-drug resistant tuberculosis where needed using DOTS-
Plus, including funding for the Global Tuberculosis Drug Facility, the 
Stop Tuberculosis Partnership, and the Global Alliance for TB Drug 
Development. In order to meet the requirement of the preceding 
sentence, the President should ensure that not less than 75 percent of 
the amount made available to carry out this section for a fiscal year 
should be expended for antituberculosis drugs, supplies, direct patient 
services, and training in diagnosis and treatment for Directly Observed 
Treatment Short-course (DOTS) coverage and treatment of multi-drug 
resistant tuberculosis using DOTS-Plus, including substantially 
increased funding for the Global Tuberculosis Drug Facility.''.
---------------------------------------------------------------------------
          (1) direct services described in the Stop TB 
        Strategy, including expansion and enhancement of 
        Directly Observed Treatment Short-course (DOTS) 
        coverage, rapid testing, treatment for individuals 
        infected with both tuberculosis and HIV, and treatment 
        for individuals with multi-drug resistant tuberculosis 
        (MDR-TB), strengthening of health systems, use of the 
        International Standards for Tuberculosis Care by all 
        providers, empowering individuals with tuberculosis, 
        and enabling and promoting research to develop new 
        diagnostics, drugs, and vaccines, and program-based 
        operational research relating to tuberculosis; and
          (2) funding for the Global Tuberculosis Drug 
        Facility, the Stop Tuberculosis Partnership, and the 
        Global Alliance for TB Drug Development.
    (f) \69\ Assistance for the World Health Organization and 
the Stop Tuberculosis Partnership.--In carrying out this 
section, the President, acting through the Administrator of the 
United States Agency for International Development, is 
authorized to provide increased resources to the World Health 
Organization and the Stop Tuberculosis Partnership to improve 
the capacity of countries with high rates of tuberculosis and 
other affected countries to implement the Stop TB Strategy and 
specific strategies related to addressing multiple drug 
resistant tuberculosis (MDR-TB) and extensively drug resistant 
tuberculosis (XDR-TB).
---------------------------------------------------------------------------
    \69\ Sec. 302(c) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2958) 
redesignated subsec. (f) as subsec. (h) and added a new subsec. (f).
---------------------------------------------------------------------------
    (g) \70\ Annual Report.--The President shall submit an 
annual report to Congress that describes the impact of United 
States foreign assistance on efforts to control tuberculosis, 
including--
---------------------------------------------------------------------------
    \70\ Sec. 302(d) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2958) added 
subsec. (g).
---------------------------------------------------------------------------
          (1) the number of tuberculosis cases diagnosed and 
        the number of cases cured in countries receiving United 
        States bilateral foreign assistance for tuberculosis 
        control purposes;
          (2) a description of activities supported with United 
        States tuberculosis resources in each country, 
        including a description of how those activities 
        specifically contribute to increasing the number of 
        people diagnosed and treated for tuberculosis;
          (3) in each country receiving bilateral United States 
        foreign assistance for tuberculosis control purposes, 
        the percentage provided for direct tuberculosis 
        services in countries receiving United States bilateral 
        foreign assistance for tuberculosis control purposes;
          (4) a description of research efforts and clinical 
        trials to develop new tools to combat tuberculosis, 
        including diagnostics, drugs, and vaccines supported by 
        United States bilateral assistance;
          (5) the number of persons who have been diagnosed and 
        started treatment for multidrug-resistant tuberculosis 
        in countries receiving United States bilateral foreign 
        assistance for tuberculosis control programs;
          (6) a description of the collaboration and 
        coordination of United States anti-tuberculosis efforts 
        with the World Health Organization, the Global Fund, 
        and other major public and private entities within the 
        Stop TB Strategy;
          (7) the constraints on implementation of programs 
        posed by health workforce shortages and capacities;
          (8) the number of people trained in tuberculosis 
        control; and
          (9) a breakdown of expenditures for direct patient 
        tuberculosis services, drugs and other commodities, 
        drug management, training in diagnosis and treatment, 
        health systems strengthening, research, and support 
        costs.
    (h) \69\ Definitions.--In this section:
          (1) DOTS.--The term ``DOTS'' or ``Directly Observed 
        Treatment Short-course'' means the World Health 
        Organization-recommended strategy for treating 
        tuberculosis including--\71\
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    \71\ Sec. 302(e)(1) of the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2959) 
inserted ``including--'' and subparas. (A) through (H).
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                  (A) low-cost and effective diagnosis, 
                treatment, and monitoring of tuberculosis;
                  (B) a reliable drug supply;
                  (C) a management strategy for public health 
                systems;
                  (D) health system strengthening;
                  (E) promotion of the use of the International 
                Standards for Tuberculosis Care by all care 
                providers;
                  (F) bacteriology under an external quality 
                assessment framework;
                  (G) short-course chemotherapy; and
                  (H) sound reporting and recording systems.
          (2) DOTS-plus.--The term ``DOTS-Plus'' means a 
        comprehensive tuberculosis management strategy that is 
        built upon and works as a supplement to the standard 
        DOTS strategy, and which takes into account specific 
        issues (such as use of second line anti-tuberculosis 
        drugs) that need to be addressed in areas where there 
        is high prevalence of multi-drug resistant 
        tuberculosis.
          (3) Global alliance for tuberculosis drug 
        development.--The term ``Global Alliance for 
        Tuberculosis Drug Development'' means the public-
        private partnership that brings together leaders in 
        health, science, philanthropy, and private industry to 
        devise new approaches to tuberculosis and to ensure 
        that new medications are available and affordable in 
        high tuberculosis burden countries and other affected 
        countries.
          (4) Global tuberculosis drug facility.--The term 
        ``Global Tuberculosis Drug Facility (GDF)'' means the 
        new initiative of the Stop Tuberculosis Partnership to 
        increase access to high-quality tuberculosis drugs to 
        facilitate DOTS expansion.
          (5) \72\ Stop tb strategy.--The term ``Stop TB 
        Strategy'' means the 6-point strategy to reduce 
        tuberculosis developed by the World Health 
        Organization, which is described in the Global Plan to 
        Stop TB 2006-2015: Actions for Life, a comprehensive 
        plan developed by the Stop TB Partnership that sets out 
        the actions necessary to achieve the millennium 
        development goal of cutting tuberculosis deaths and 
        disease burden in half by 2015.
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    \72\ Sec. 302(e) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2959) 
redesignated para. (5) as para. (6) and added a new para. (5).
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          (6) \72\ Stop tuberculosis partnership.--The term 
        ``Stop Tuberculosis Partnership'' means the partnership 
        of the World Health Organization, donors including the 
        United States, high tuberculosis burden countries, 
        multilateral agencies, and nongovernmental and 
        technical agencies committed to short- and long-term 
        measures required to control and eventually eliminate 
        tuberculosis as a public health problem in the world.

SEC. 104C.\73\ ASSISTANCE TO COMBAT MALARIA.

    (a) Finding.--Congress finds that malaria kills more people 
annually than any other communicable disease except 
tuberculosis, that more than 90 percent of all malaria cases 
are in sub-Saharan Africa, and that children and women are 
particularly at risk. Congress recognizes that there are cost-
effective tools to decrease the spread of malaria and that 
malaria is a curable disease if promptly diagnosed and 
adequately treated.
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    \73\ 22 U.S.C. 2151b-4. Sec. 303(a) of the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
108-25; 117 Stat. 711) added sec. 104C.
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    (b) Policy.--It is a major objective of the foreign 
assistance program of the United States to provide assistance 
for the prevention, control, treatment,\74\ and cure of 
malaria.
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    \74\ Sec. 303(a) of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2960) 
inserted ``treatment,'' after ``control,''.
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    (c) Authorization.--To carry out this section and 
consistent with section 104(c), the President is authorized to 
furnish assistance, on such terms and conditions as the 
President may determine, for the prevention, treatment, 
control, and elimination of malaria.
    (d) Coordination.--In carrying out this section, the 
President shall coordinate with the World Health Organization, 
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the 
Department of Health and Human Services (the Centers for 
Disease Control and Prevention and the National Institutes of 
Health), and other organizations with respect to the 
development and implementation of a comprehensive malaria 
control program.
    Sec. 105.\75\ Education and Human Resources Development.--
(a) \76\ 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.\77\
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    \75\ 22 U.S.C. 2151c. Sec. 2(3) of the FA Act of 1973 added sec. 
105.
    \76\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection 
designation ``(a)'' and new subsecs. (b) and (c).
    \77\ Sec. 306 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added the 
authorization figures for fiscal years 1986 and 1987. Authorizations 
for recent years include fiscal year 1975--$92,000,000; fiscal year 
1976--$89,200,000; fiscal year 1977--$101,800,000; fiscal year 1978--
$84,900,000; fiscal year 1979--$126,244,000; fiscal year 1980--
$105,000,000; fiscal year 1981--$101,000,000; fiscal year 1982--
$103,600,000; fiscal year 1983--$103,600,000; fiscal year 1984--
$121,477,000; fiscal year 1985--no authorization; fiscal years 1988 
through 2009--no authorization.
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    (b) \76\, \78\ 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.\79\
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    \78\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made conforming 
amendments by striking out para. designation ``(1)'' and by striking 
out para. (2). Para. (2), previously added by sec. 201 of Public Law 
99-440 (100 Stat. 1094), formerly read as follows:
    ``(2)(A)(i) Of the amounts authorized to be appropriated to carry 
out this section for the fiscal years 1987, 1988, and 1989, not less 
than $4,000,000 shall be used in each such fiscal year to finance 
education, training, and scholarships for the victims of apartheid, 
including teachers and other educational professionals, who are 
attending universities and colleges in South Africa. Amounts available 
to carry out this subparagraph shall be provided in accordance with the 
provisions of section 802(c) of the International Security and 
Development Cooperation Act of 1985.
    ``(ii) Funds made available for each such fiscal year for purposes 
of chapter 4 of part II of this Act may be used to finance such 
education, training, and scholarships in lieu of an equal amount made 
available under this subparagraph.
    ``(B)(i) In addition to amounts used for purposes of subparagraph 
(A), the agency primarily responsible for administering this part, in 
collaboration with other appropriate departments or agencies of the 
United States, shall use assistance provided under this section or 
chapter 4 of part II of this Act to finance scholarships for students 
pursuing secondary school education in South Africa. The selection of 
scholarship recipients shall be by a nationwide panel or by regional 
panels appointed by the United States chief of diplomatic mission to 
South Africa.
    ``(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act for the fiscal years 
1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in 
each such fiscal year for purposes of this subparagraph.
    ``(C)(i) In addition to the assistance authorized in subparagraph 
(A), the agency primarily responsible for administering this part shall 
provide assistance for in-service teacher training programs in South 
Africa through such nongovernmental organizations as TOPS or teachers' 
unions.
    ``(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act, up to an aggregate 
of $500,000 for the fiscal year 1987 and up to an aggregate of 
$1,000,000 for the fiscal year 1988 may be used for purposes of this 
subparagraph, subject to standard procedures for project review and 
approval.''.
    \79\ Sec. 103(b) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 360) added this sentence.
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    (c) \80\ * * * [Repealed--1979]
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    \80\ Sec. 122 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) repealed subsec. (c), which 
authorized funds during fiscal year 1977 and fiscal year 1978 for the 
southern African student program and the southern African training 
program.
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    Sec. 106.\81\ Energy, Private Voluntary Organizations, and 
Selected Development Activities.--(a)(1)(A) \82\ 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 103, 
104, and 105 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.
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    \81\ 22 U.S.C. 2151d. Sec. 106, as added by Public Law 94-161 (89 
Stat. 849), was amended by sec. 104 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360) by 
redesignating subsecs. (a) and (b) as (c) and (d) and by adding new 
subsecs. (a) and (b). Sec. 304(a) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) 
struck out ``Technical Assistance, Energy, Research, Reconstruction, 
and Selected Development Activities'', and inserted in lieu thereof the 
current section heading. A prior version of sec. 106 (added in 1973 by 
Public Law 93-189) had also been repealed by Public Law 94-161.
    See also the Energy Policy Act of 1992 (Public Law 102-486; 106 
Stat. 2776), particularly title XII, as it relates to the export of 
renewable energy technologies, and title XIII, as it relates to the 
export of clean coal technology. See Legislation on Foreign Relations 
Through 2008, vol. IV.
    \82\ Sec. 304(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
paras. (1), (2), (3), and (4) of subsec. (a) as subparas. (A), (B), 
(C), and (D), respectively; redesignated subparas. (A), (B), and (C) of 
former para. (3) as clauses (i), (ii), and (iii), respectively; and 
added a new para. (2).
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    (B) \82\ 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) \82\ 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) \82\ 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) \82\ 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) \82\ 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) \82\ 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) \82\ 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) \81\ (1) \83\ 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.
---------------------------------------------------------------------------
    \83\ Sec. 304(c) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
paras. (1) and (2) of subsec. (b) as subparas. (A) and (B), 
respectively, and added a new para. (2). Subsequently, sec. 1211(a)(2) 
of the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 279) struck out subpara. designation 
``(A)'', and text of subpara. (B). Subpara. (B) previously read as 
follows:
    ``(B) Of the funds made available to carry out this section, up to 
$7,000,000 for the fiscal year 1981 shall be used for purposes of 
paragraph (A) to facilitate geological and geophysical survey work to 
locate potential oil, natural gas, and coal reserves and to encourage 
exploration for potential oil, natural gas, and coal reserves in 
developing countries which are not members of the Organization of 
Petroleum Exporting Countries.''.
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    (2) \83\ The President is authorized to furnish assistance 
under this chapter 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 103 of this Act. 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) \84\ The agency primarily responsible for administering 
this part and the Department of Energy shall coordinate with 
one another, to the maximum extent possible, the planning and 
implementation of energy programs under this chapter.
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    \84\ Sec. 304 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
subsec. (c) as subsec. (d), amended former subsec. (d) and redesignated 
it as subsec. (e), and added a new subsec. (c).
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    (d) \84\ 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 103, 104, and 105 of this Act:
          (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) \85\ 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;
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    \85\ Sec. 104(b)(1) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 360) struck out para. (2), 
which concerned various programs designed to alleviate energy problems 
experienced by developing countries, and redesignated paras. (3) 
through (6) as paras. (2) through (5), respectively.
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          (3) \85\ programs of reconstruction following natural 
        or manmade disasters and programs of disaster 
        preparedness, including the prediction of and 
        contingency planning for natural disasters abroad; \86\
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    \86\ Sec. 304(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533) inserted 
``and programs of disaster preparedness, including the prediction of 
and contingency planning for natural disasters abroad''.
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          (4) \85\ 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) \85\ 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) \84\ (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.\87\
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    \87\ Sec. 309(b) of the International Security and Development Act 
of 1985 (Public Law 99-83; 99 Stat. 190) added the authorization 
figures for fiscal years 1986 and 1987. Authorizations for recent years 
included the following: fiscal year 1976--$99,550,000; fiscal year 
1977--$104,500,000; fiscal year 1978--$105,000,000; fiscal year 1979--
$126,244,000; fiscal year 1980--$125,000,000; fiscal year 1981--
$140,000,000; fiscal year 1982--$147,200,000; fiscal year 1983--
$147,200,000; fiscal year 1984--$160,000,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2009--no authorization.
    Sec. 402 of the Microenterprise for Self-Reliance and International 
Anti-Corruption Act of 2000 (Public Law 106-309; 114 Stat. 1097), 
however, provided the following:
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``sec. 402. funding of certain environmental assistance activities of 
usaid.
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    ``(a) Allocation of Funds for Certain Environmental Activities.--Of 
the amounts authorized to be appropriated for the fiscal year 2001 to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.; relating to development assistance), there is 
authorized to be available at least $60,200,000 to carry out activities 
of the type carried out by the Global Environment Center of the United 
States Agency for International Development during fiscal year 2000.
    ``(b) Allocation for Water and Coastal Resources.--Of the amounts 
made available under subsection (a), at least $2,500,000 shall be 
available for water and coastal resources activities under the natural 
resources management function specified in that subsection.''.
    Sec. 105 of Public Law 96-53 struck out language in subsec. (e) 
that provided $30,000,000 during the period July 1, 1975, to September 
3, 1977, for reimbursement to private voluntary agencies of the United 
States for costs incurred with respect to the shipment of food and 
nonfood commodities provided through private donations.
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    (2) Amounts appropriated under this section are authorized 
to remain available until expended.
    (f) \88\ Of the amounts authorized to be appropriated to 
carry out this chapter $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.
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    \88\ Sec. 307(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added subsec. 
(f).
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    Sec. 107.\89\ Appropriate Technology.--(a) In carrying out 
activities under this chapter, 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.
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    \89\ 22 U.S.C. 2151e. Sec. 107, as added by sec. 306 of Public Law 
94-161, was amended and restated by sec. 107 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 947).
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    (b) Funds made available to carry out this chapter 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.

[SEC. 108.\90\ MICROENTERPRISE DEVELOPMENT CREDITS.  * * * [TRANSFERRED 
                    AND REDESIGNATED AS SEC. 256--2004]]

    Sec. 109.\91\ Transfer of Funds.--Whenever \92\ the 
President determines it to be necessary for the purposes of 
this chapter, not to exceed 15 per centum of the funds made 
available for any provision of this chapter may be transferred 
to, and consolidated with, the funds made available for any 
other provision of this chapter, 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 610(a) and 614(a) of this Act may not be 
used to transfer funds made available under this chapter for 
use for purposes of any other provision of this Act except that 
the authority of such sections may be used to transfer for the 
purposes of section 667 not to exceed five per centum of the 
amount of funds made available for section 667(a)(1).\93\
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    \90\ Sec. 4 of the Microenterprise Results and Accountability Act 
of 2004 (Public Law 108-484; 118 Stat. 3922) moved sec. 108 from 
chapter 1 of part I to title VI of chapter 2 of part I, and 
redesignated it as sec. 256.
    An earlier sec. 108 was added by the FA Act of 1973 (Public Law 93-
189) and repealed by sec. 102(g)(2)(K)(i) of the International 
Development and Food Assistance Act of 1978 (92 Stat. 943).
    \91\ 22 U.S.C. 2151g. Sec. 2(3) of the FA Act of 1973 added sec. 
109.
    Sec. 7009 of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 862), provides the following:
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``transfer authority
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    ``Sec. 7009. (a) Department of State and Broadcasting Board of 
Governors.--* * *
    ``(b) Export Financing Transfer Authorities.--Not to exceed 5 
percent of any appropriation other than for administrative expenses 
made available for fiscal year 2009, for programs under title VI of 
this Act may be transferred between such appropriations for use for any 
of the purposes, programs, and activities for which the funds in such 
receiving account may be used, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 25 
percent by any such transfer: Provided, That the exercise of such 
authority shall be subject to the regular notification procedures of 
the Committees on Appropriations.
    ``(c)(1) Limitation on Transfers Between Agencies.--None of the 
funds made available under titles II through V of this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    ``(2) Notwithstanding paragraph (1), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this 
Act to carry out the purposes of the Foreign Assistance Act of 1961 may 
be allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    ``(d) Transfers Between Accounts.--None of the funds made available 
under titles II through V of this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President 
provides notification in accordance with the regular notification 
procedures of the Committees on Appropriations.
    ``(e) Audit of Inter-Agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or prior 
Acts, entered into between the United States Agency for International 
Development and another agency of the United States Government under 
the authority of section 632(a) of the Foreign Assistance Act of 1961 
or any comparable provision of law, shall expressly provide that the 
Office of the Inspector General for the agency receiving the transfer 
or allocation of such funds shall perform periodic program and 
financial audits of the use of such funds: Provided, That funds 
transferred under such authority may be made available for the cost of 
such audits.''.
    See also in that Act, title II, para. relating to operating 
expenses of the USAID (123 Stat. 841).
    \92\ Sec. 102(g)(2)(K)(ii) of the International Development and 
Food Assistance Act of 1978 (92 Stat. 943) struck out ``Notwithstanding 
sec. 108 of this Act, whenever'' and inserted in lieu thereof 
``Whenever''.
    \93\ Sec. 129(b) of the International Development and Food 
Assistance Act of 1977 (91 Stat. 543) added the words to this point 
beginning with ``except that the authority of such sections * * *''.
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    Sec. 110.\94\ Cost-Sharing and Funding Limits.--No 
assistance shall be furnished by the United States Government 
to a country under sections 103 through 106 of this Act until 
the country provides assurances to the President, and the 
President is satisfied, that such country 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 ``in-kind'' basis.\95\
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    \94\ 22 U.S.C. 2151h. Sec. 2(3) of the FA Act of 1973 added sec. 
110. Sec. 1211(a)(3) of the International Security and Development 
Cooperation Act of 1985 struck out subsec. (b) and struck out an 
``(a)'' designation from the remaining text. Subsec. (b) previously 
read as follows:
    ``No grant assistance shall be disbursed by the United States 
Government under sections 103 through 106 of this Act for a project, 
for a period exceeding thirty-six consecutive months, without further 
justification satisfactory to the Congress and efforts being made to 
obtain sources of financing within that country and from other foreign 
countries and multilateral organizations.''.
    The initial phrase of subsec. (b), which had been added by Public 
Law 95-88 (91 Stat. 535), was struck out by sec. 112(b)(2) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
949). It previously read as follows:
    ``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',''.
    See also in this Act, sec. 124(d) and (e).
    \95\ The following phrase, as added by the International 
Development and Food Assistance Act of 1975 (Public Law 94-161; 89 
Stat. 849) and previously appearing at this point, was struck by sec. 
112(b)(1) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 949): ``and except that the President 
may waive this cost-sharing requirement in the case of a project or 
activity in a country which the agency primarily responsible for 
administering part I of this Act determines is relatively least 
developed based on the United Nations Conference on Trade and 
Development list of `relatively least developed countries'.''.
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    Sec. 111.\96\ Development and Use of Cooperatives.--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 
Act for technical and capital assistance in the development and 
use \97\ of cooperatives in the less developed countries which 
will enable and encourage greater numbers of the poor to help 
themselves toward a better life.\98\ In meeting the requirement 
of the preceding sentence, specific priority shall be given to 
the following: \99\
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    \96\ 22 U.S.C. 2151i. Sec. 111, as added by sec. 2(3) of the FA Act 
of 1973 (Public Law 93-189), was amended and restated by sec. 308 of 
Public Law 94-161 (89 Stat. 849). It formerly read as follows: ``In 
order to strengthen the participation of the urban and rural poor in 
their country's development, not less than $20,000,000 of the funds 
made available for the purposes of this chapter shall be available 
during the fiscal years 1974 and 1975 only for assistance in the less 
developed countries which will enable and encourage greater numbers of 
the poor to help themselves toward a better life.''.
    \97\ Sec. 107(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 535) struck out 
``assistance in the development'' and inserted in lieu thereof 
``technical and capital assistance in the development and use''.
    \98\ A sentence that earmarked funds specifically for technical 
assistance to carry out the purposes of this section and had previously 
appeared at this point was repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
    \99\ Sec. 401(c)(2) of the Support for Overseas Cooperative 
Development Act (Public Law 106-309; 114 Stat. 1097) added this 
sentence and paras. (1) through (4). Sec. 401(d) of that Act provided 
the following:
    ``(d) Report.--Not later than 6 months after the date of the 
enactment of this Act, 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).''.
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          (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.
    Sec. 112.\100\ Prohibiting Police Training. * * * 
[Repealed--1974]
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    \100\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was 
repealed by sec. 30(b) of the FA Act of 1974. (See, however, sec. 660 
of this Act, ``Prohibiting Police Training''.)
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    Sec. 113.\101\ Integrating Women Into National Economies.--
(a) 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, this part 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.
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    \101\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA 
Act of 1973, was amended and restated by sec. 108 of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
536). Sec. 113 formerly read as follows:
    ``Sec. 113. Integrating Women Into National Economies.--Part I of 
this Act 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 foreign countries, thus improving their 
status and assisting the total development effort.''.
    Subsecs. (b) and (c), as added by Public Law 95-88 and which 
required a report from the President concerning the impact of 
development programs, projects, and activities on the integration of 
women into the developing economies of countries receiving assistance 
under this part, were repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366) 
(such report was submitted to the Congress on August 3, 1978). This 
subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92 
Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
    Sec. 305 of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1533) added the current text 
of subsec. (c).
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    (b) \101\ (1) Up to $10,000,000 of the funds made available 
each fiscal year under this chapter and chapter 10 of this part 
\102\ 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.
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    \102\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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    (2) Nothing in this section shall be construed to authorize 
the establishment of a separate development assistance program 
for women.
    (c) \101\ Not less than $500,000 of the funds made 
available under this chapter for fiscal year 1982 shall be 
expended on international programs which support the original 
goals of the United Nations Decade for Women.
    Sec. 114.\103\ Limiting Use of Funds for Abortions or 
Involuntary Sterilization. * * * [Repealed--1978]
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    \103\ Sec. 114, as added by the FA Act of 1973, was repealed by 
sec. 104(b) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 947). See also sec. 104(f) of this 
Act.
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    Sec. 115.\104\ Prohibiting Use of Funds for Certain 
Countries. * * * [Repealed--1978]
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    \104\ Sec. 115, as added by the FA Act of 1974, was repealed by 
sec. 102(f) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 942).
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    Sec. 116.\105\ Human Rights.--(a) No assistance may be 
provided under this part 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,\106\ 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.
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    \105\ 22 U.S.C. 2151n. Sec. 310 of Public Law 94-161 (89 Stat. 849) 
added 116. See also in the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8), sec. 7028, relating to eligibility for assistance (123 Stat. 
873).
    \106\ Sec. 701(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) inserted 
``causing the disappearance of persons by the abduction and clandestine 
detention of those persons,''.
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    (b) In determining whether this standard is being met with 
regard to funds allocated under this part, the Committee on 
Foreign Relations of the Senate or the Committee on Foreign 
Affairs \107\ of the House of Representatives may require the 
Administrator primarily responsible for administering part I of 
this Act 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 617 of this Act.
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    \107\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck 
out ``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat. 
186) provided that references to the Committee on Foreign Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on International Relations of the House of Representatives.
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  (b) \108\ 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.
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    \108\ Sec. 599D of the of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2066), added this second subsec. (b).
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    (c) \109\ In determining whether or not a government falls 
within the provisions of subsection (a) and in formulating 
development assistance programs under this part, the 
Administrator shall consider, in consultation with the 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor \110\ and in consultation with the Ambassador at Large 
for International Religious Freedom--\111\
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    \109\ Sec. 111 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 537) amended and restated 
subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d) 
formerly read as follows:
    ``(c) In determining whether or not a government falls within the 
provisions of subsection (a), consideration shall be given to 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.
    ``(d) The President shall 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.''.
    \110\ Sec. 162(e)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``Assistant Secretary for Human Rights and Humanitarian Affairs'' 
and inserted in lieu thereof ``Assistant Secretary of State for 
Democracy, Human Rights, and Labor''. Previously, sec. 109(a)(2) of the 
Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-
105; 91 Stat. 846) struck out ``Coordinator'' and inserted in lieu 
thereof ``Assistant Secretary''.
    \111\ Sec. 421(a)(1) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2809) added ``and in consultation 
with the Ambassador at Large for International Religious Freedom'' 
after ``Labor''.
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          (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; 
        \112\
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    \112\ Sec. 421(a) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2809) struck out ``and'' at the end 
of para. (1); replaced a period at the end of para. (2) with `; and''; 
and added para. (3).
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          (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 \112\
          (3) \112\ whether the government--
                  (A) has engaged in or tolerated particularly 
                severe violations of religious freedom, as 
                defined in section 3 of the International 
                Religious Freedom Act of 1998; or
                  (B) has failed to undertake serious and 
                sustained efforts to combat particularly severe 
                violations of religious freedom (as defined in 
                section 3 of the International Religious 
                Freedom Act of 1998), when such efforts could 
                have been reasonably undertaken.
    (d) \111\ 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 \113\ of each 
year, a full and complete report regarding--
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    \113\ Sec. 2216(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681), struck out ``January 31'' and inserted in 
lieu thereof ``February 25''.
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          (1) \114\ the status of internationally recognized 
        human rights, within the meaning of subsection (a)--
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    \114\ Sec. 504 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 378) amended and restated para. (1) to 
add the requirement contained in subpara. (B). Sec. 504 also required a 
report from the Secretary of State by November 15, 1979, on the impact 
on the foreign relations of the United States of the reports required 
by this Act on the human rights practices of foreign governments.
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                  (A) in countries that receive assistance 
                under this part, 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 Act;
          (2) \115\ wherever applicable, practices regarding 
        coercion in population control, including coerced 
        abortion and involuntary sterilization;
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    \115\ Sec. 127 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342) added a new 
para. (2), and redesignated former para. (2) as para. (3). 
Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat. 3864) struck 
out ``and'' at the end of para. (2), redesignated para. (3) as para. 
(5), and added new paras. (3) and (4). See also footnote 77.
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          (3) \116\ the status of child labor practices in each 
        country, including--
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    \116\ Sec. 2216(2) and (3) of the Foreign Relations Authorization 
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681), redesignated paras. (3) through (6) as 
paras. (4) through (7) and added a new para. (3). At the time of 
enactment of Public Law 105-277, however, no para. (6) was contained in 
the section. Public Law 105-292 added para. (6) later, shown here 
redesignated as para. (7).
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                  (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) \115\, \116\ 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) \115\ the extent to which each country has 
        extended protection to refugees, including the 
        provision of first asylum and resettlement; \117\
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    \117\ Sec. 102(d)(1) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2794) struck out ``and'' at the end 
of para. (4); replaced a period at the end of this para. (5) with ``; 
and''; and added a new para. (6). Paras. (4) and (5), however, had 
already been redesignated as paras. (5) and (6) by sec. 2216 of Public 
Law 105-277. Sec. 2216 of Public Law 105-277 also redesignated a then-
nonexistent para. (6) as para. (7). The amendment has been made to the 
subsequently enacted para. (6), shown here as para. (7).
    Sec. 806(a) of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``and'' at the end of para. (6), struck out a 
period at the end of para. (7) and inserted in lieu thereof ``and'', 
and added a new para. (8).
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          (6) \115\, \117\ the steps the 
        Administrator has taken to alter United States programs 
        under this part in any country because of human rights 
        considerations;
          (7) \116\, \117\ wherever applicable, 
        violations of religious freedom, including particularly 
        severe violations of religious freedom (as defined in 
        section 3 of the International Religious Freedom Act of 
        1998);
          (8) \118\ wherever applicable, a description of the 
        nature and extent of acts of anti-Semitism and anti-
        Semitic incitement that occur during the preceding 
        year, including descriptions of--
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    \118\ Sec. 6(a)(1) of the Global Anti-Semitism Review Act of 2004 
(Public Law 108-332; 118 Stat. 1285) redesignated paras. (8), (9), and 
(10) as paras. (9), (10), and (11), and added a new para. (8).
---------------------------------------------------------------------------
                  (A) acts of physical violence against, or 
                harassment of Jewish people, and acts of 
                violence against, or vandalism of Jewish 
                community institutions, including schools, 
                synagogues, and cemeteries;
                  (B) instances of propaganda in government and 
                nongovernment media that attempt to justify or 
                promote racial hatred or incite acts of 
                violence against Jewish people;
                  (C) the actions, if any, taken by the 
                government of the country to respond to such 
                violence and attacks or to eliminate such 
                propaganda or incitement;
                  (D) the actions taken by such government to 
                enact and enforce laws relating to the 
                protection of the right to religious freedom of 
                Jewish people; and
                  (E) the efforts of such government to promote 
                anti-bias and tolerance education;
          (9) \118\ 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);
          (10) \119\ 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
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    \119\ Sec. 665(a) of the Freedom Investment Act of 2002 (subtitle E 
of title VI of the Foreign Relations Authorization Act, Fiscal Year 
2002; Public Law 107-228; 116 Stat. 1406) struck out ``and'' at the end 
of para. (7); replaced a period at the end of para. (8) with ``; and''; 
and added a new para. (9), subsequently redesignated as para. (10) by 
sec. 6(a) of Public Law 108-332 (118 Stat. 1285). Sec. 683(a) of the 
Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign 
Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116 
Stat. 1410) struck out ``and'' at the end of para. (8); replaced a 
period at the end of para (9) with ``; and ''; and added a new para. 
(10). Sec. 665(c) of that Act further provided the following:
    ``(c) Separate Report.--The information to be included in the 
report required by sections 116(d) and 502B(b) of the Foreign 
Assistance Act of 1961 pursuant to the amendments made by subsections 
(a) and (b) 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 116(d) and 502B(b) of the 
Foreign Assistance Act of 1961.''.
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          (11) \120\ (A) wherever applicable, a description of 
        the nature and extent)--
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    \120\ Sec. 6(a) of Public Law 108-332 (118 Stat. 1285) redesignated 
para. (1) as para. (11).
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                  (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) \109\, \121\ The President is authorized and 
encouraged to use not less than $3,000,000 of the funds made 
available under this chapter, chapter 10 of this part,\122\ and 
chapter 4 of part II 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,\123\ as set forth in the Universal 
Declaration of Human Rights, in countries eligible for 
assistance under this chapter or under chapter 10 of this part, 
except that funds made available under chapter 10 of this part 
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.
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    \121\ Sec. 109(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 947) added ``The 
President is authorized and encouraged to use not less than''.
    Sec. 1002(a)(1) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052) amended 
the authorization level to $3,000,000 and added the reference to funds 
available under chapter 4 of part II. Previously, amendments by sec. 
306 of the International Security and Development Cooperation Act of 
1981 (Public Law 97-113; 95 Stat. 1533), sec. 504 of Public Law 96-533 
(94 Stat. 378), and sec. 109(2) of Public Law 95-424 (92 Stat. 947) 
authorized the use of $1,500,000 for this purpose in fiscal years 1982-
1983, fiscal year 1981, and fiscal year 1979, respectively. The 
original text of subsec. (e), added by sec. 111 of Public Law 95-88 (91 
Stat. 537), authorized the use of $750,000 for this purpose during 
fiscal year 1978.
    Sec. 202 of Public Law 99-440 (100 Stat. 1095) added the 
authorization level of $1,500,000 for the fiscal year 1986 and for each 
fiscal year thereafter.
    Sec. 1002(a)(3) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052) added 
para. designation ``(1)'' and a new para. (2). Sec. 4(a)(3)(B) of the 
South African Democratic Transition Support Act of 1993 (Public Law 
103-149; 107 Stat. 1505) subsequently repealed para. (2), and struck 
out the designation for para. (1).
    Subsec. (e)(2) had stated a priority, with supporting guidelines 
and conditions, for giving 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.''.
    Sec. 4(a)(3)(B) of the South African Democratic Transition Support 
Act of 1993 (Public Law 103-149; 107 Stat. 1505) also repealed subsecs. 
(f) and (g) of sec. 116, which had been added by sec. 202(b) of Public 
Law 99-440 (100 Stat. 1095).
    Subsec. (f) directed not less than $500,000 under section (e)(2)(A) 
to be used ``for direct legal and other assistance to political 
detainees and prisoners and their families, including the investigation 
of the killing of protesters and prisoners, and for support for actions 
of black-led community organizations to resist, through nonviolent 
means, the enforcement of apartheid policies * * *''.
    Subsec. (g) directed $175,000 each fiscal year to ``be used for 
direct assistance to families of victims of violence such as 
`necklacing' and other such inhumane acts'', and another $175,000 to 
``be made available to black groups in South Africa which are actively 
working toward a multi-racial solution to the sharing of political 
power in that country through nonviolent, constructive means.''.
    \122\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``, chapter 10 of this part,'' here, and text at 
the end of the first sentence beginning at ``or under chapter 10''.
    \123\ Sec. 501(b) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2811) inserted ``, including the 
right to free religious belief and practice'' after ``adherence to 
civil and political rights''. Subsec. (a) of that sec. provided the 
following:
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``sec. 501. assistance for promoting religious freedom.
---------------------------------------------------------------------------

    ``(a) Findings.--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.''.

    (f) \124\ (1) The report required by subsection (d) shall 
include the following:
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    \124\ Sec. 104(a) of the Trafficking Victims Protection Act of 2000 
(division A of Public Law 106-386; 114 Stat. 1471) amended and restated 
subsec. (f). Originally added by sec. 597 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 
3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 
113 Stat. 1535), the subsec. formerly read as follows:
    ``(f)(1) The report required by subsection (d) shall include--
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  ``(A) a list of foreign states where trafficking in persons, especially 
women and children, originates, passes through, or is a destination; and

  ``(B) an assessment of the efforts by the governments of the states 
described in paragraph (A) to combat trafficking. Such an assessment shall 
address--

  ``(i) whether government authorities in each such state tolerate or are 
involved in trafficking activities;

  ``(ii) which government authorities in each such state are involved in 
anti-trafficking activities;

  ``(iii) what steps the government of each such state has taken to 
prohibit government officials and other individuals from participating in 
trafficking, including the investigation, prosecution, and conviction of 
individuals involved in trafficking;

  ``(iv) what steps the government of each such state has taken to assist 
trafficking victims;

  ``(v) whether the government of each such state is cooperating with 
governments of other countries to extradite traffickers when requested;

  ``(vi) whether the government of each such state is assisting in 
international investigations of transnational trafficking networks; and

  ``(vii) whether the government of each such state refrains from 
prosecuting trafficking victims or refrains from other discriminatory 
treatment towards victims.

  ``(2) In compiling data and assessing trafficking for the purposes of 
paragraph (1), United States Diplomatic Mission personnel shall consult 
with human rights and other appropriate nongovernmental organizations.

  ``(3) For purposes of this subsection--

  ``(A) the term `trafficking' means the use of deception, coercion, debt 
bondage, the threat of force, or the abuse of authority to recruit, 
transport within or across borders, purchase, sell, transfer, receive, or 
harbor a person for the purposes of placing or holding such person, whether 
for pay or not, in involuntary servitude, slavery or slavery-like 
conditions, or in forced, bonded, or coerced labor;

  ``(B) the term `victim of trafficking' means any person subjected to the 
treatment described in subparagraph (A).''.

          (A) A description of the nature and extent of severe 
        forms of trafficking in persons, as defined in section 
        103 of the Trafficking Victims Protection Act of 2000, 
        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.
    Sec. 117.\125\ Assistance for Disadvantaged South Africans. 
* * * [Repealed--1993]
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    \125\ Formerly at 22 U.S.C. 2151o. Sec. 4(a)(3)(B) of the South 
African Democratic Transition Support Act of 1993 (Public Law 103-149; 
107 Stat. 1505) repealed sec. 117. It had been added originally by sec. 
201(b) of Public Law 99-440 (100 Stat. 1094). Sec. 117 provided 
assistance for disadvantaged South Africans through South African 
nongovernmental organizations, such as the Educational Opportunities 
Council, the South African Institute of Race Relations, READ, 
professional teachers' unions, the Outreach Program of the University 
of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust, 
TOPS, the Wilgespruit Fellowship Center (WFC), and civic and other 
organizations working at the community level which did not receive 
funds from the Government of South Africa.
    A previous sec. 117, relating to infant nutrition, was repealed in 
1978.
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    Sec. 117.\126\ Environment and Natural Resources.--(a) 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 interests 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.
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    \126\ 22 U.S.C. 2151p. Sec. 117 was redesignated from sec. 118 by 
sec. 301(1) of Public Law 99-529 (100 Stat. 3014), resulting in the 
creation of two sections 117. Sec. 301(2) of Public Law 99-529 further 
deleted subsec. (d) of that section, which dealt with tropical forests, 
and sec. 301(3) of Public Law 99-529 added a new section 118 entitled 
``Tropical Forests''. This section, as added by sec. 113 of Public Law 
95-88 (91 Stat. 537) and amended by sec. 110 of Public Law 95-424 (92 
Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948), was further 
amended and restated by sec. 307 of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533). 
This section previously read as follows:
    ``Sec. 118. Environment and Natural Resources.--(a) The President 
is authorized to furnish assistance under this part for developing and 
strengthening the capacity of less developed countries to protect and 
manage their environment and natural resources. Special efforts shall 
be made to maintain and where possible restore the land, vegetation, 
water, wildlife and other resources upon which depend economic growth 
and human well-being especially that of the poor.
    ``(b) In carrying out programs under this chapter, the President 
shall take into consideration the environmental consequence of 
development actions.''.
    See also sec. 534 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1228), as amended, relating to ``Global Warming Initiative''.
    See also sec. 533 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2013), as amended, relating to ``Environment and Global 
Warming''.
    See also sec. 532 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1666), relating to ``Environment''.
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    (b) In order to address the serious problems described in 
subsection (a), the President is authorized to furnish 
assistance under this part 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)(1) The President, in implementing programs and projects 
under this chapter and chapter 10 of this part,\127\ 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 
chapter--
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    \127\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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          (A) to prepare and take fully into account an 
        environmental impact statement for any program or 
        project under this chapter 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 chapter 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.
    Sec. 118.\128\ Tropical Forests.
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    \128\ 22 U.S.C. 2151p-1. Sec. 301(3) of Public Law 99-529 (100 
Stat. 3014) added sec. 118. See also footnote 126.
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    (a) Importance of Forests and Tree Cover.--In enacting 
section 103(b)(3) of this Act 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) 
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 of 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 
        chapter 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 chapter 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 chapter 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) \129\ Annual Report.--Each annual report required by 
section 634(a) of this Act shall include a report on the 
implementation of this section.
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    \129\ Sec. 209(e)(3) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109 
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of 
that Act, as amended, provided that ``* * * each provision of law 
requiring the submittal to Congress (or any committee of the Congress) 
of any annual, semiannual, or other regular periodic report specified 
on the list * * * [prepared by the Clerk of the House of 
Representatives for the first session of the One Hundred Third 
Congress] shall cease to be effective, with respect to that 
requirement, May 15, 2000.''.
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    Sec. 119.\130\ Renewable and Unconventional Energy 
Technologies. * * * [Repealed--1980]
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    \130\ Sec. 119, as added by Public Law 95-88 (91 Stat. 528), 
amended by sec. 111 of the International Development and Food 
Assistance Act of 1978 (92 Stat. 948), and by sec. 107 of the 
International Development Cooperation Act of 1979 (93 Stat. 362), was 
repealed by sec. 304(g) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147). See sec. 
106 of this Act for text concerning energy technologies.
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    Sec. 119.\131\ Endangered Species.--(a) The Congress finds 
the survival of many animal and plant species is endangered by 
overhunting, 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.
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    \131\ 22 U.S.C. 2151q. Sec. 702 of the International Environment 
Protection Act of 1983 (title VII of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985, Public Law 98-164; 97 
Stat. 1045) added subsecs. (a) and (b).
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    (b) \131\ In order to preserve biological diversity, the 
President is authorized to furnish assistance under this part, 
notwithstanding section 660,\132\ 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.
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    \132\ Sec. 533(d)(4)(A) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1227), added ``, notwithstanding section 660,'' at 
this point.
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    (c) \133\ Funding Level.--For fiscal year 1987, not less 
than $2,500,000 of the funds available to carry out this part 
(excluding funds made available to carry out section 104(c)(2), 
relating to the Child Survival Fund) shall be allocated for 
assistance pursuant to subsection (b) 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) for activities for which assistance was provided 
in fiscal years prior to fiscal year 1987.
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    \133\ Sec. 302 of Public Law 99-529 (100 Stat. 3017) added subsecs. 
(c) through (h).
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    (d) \133\ 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) \133\ 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) \133\ 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) \133\ 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 the date of enactment of this 
        paragraph 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 chapter for actions which significantly degrade 
        national parks or similar protected areas or introduce 
        exotic plants or animals into such areas.
    (h) \133\ Annual Reports.--Each annual report required by 
section 634(a) of this Act shall include, in a separate volume, 
a report on the implementation of this section.
    Sec. 120.\134\ Sahel Development Program--Planning.--(a) 
The Congress reaffirms its support of \135\ the initiative of 
the United States Government in undertaking consultations and 
planning with the countries concerned, and 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.
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    \134\ 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B by 
sec. 20 of the FA Act of 1973 (Public Law 93-189) and later 
redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 
849), was again redesignated as sec. 120 by sec. 115(1) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 539).
    Sec. 115(2) of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 539) struck out ``African 
Development Program'' and inserted in lieu thereof ``Sahel Development 
Program--Planning'' in the section catchline.
    \135\ Sec. 101(7)(C) of Public Law 94-161 (89 Stat. 849) struck out 
``supports'' and inserted in lieu thereof ``reaffirms its support of''.
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    (b) \136\ The President is authorized to develop a long-
term comprehensive development program for the Sahel and other 
drought-stricken nations in Africa.
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    \136\ Sec. 101(7)(D) of Public Law 94-161 (89 Stat. 849) added 
subsecs. (b), (c), and (d). Sec. 502(d)(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 959) subsequently repealed subsec. (d).
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    (c) \136\ 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.
    (d) \136\ * * * [Repealed--1978]
    Sec. 121.\137\ Sahel Development Program--Implementation. * 
* * [Repealed--1990]
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    \137\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by repealing sec. 121. Sec. 121, as added by sec. 115(3) of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363), 
sec. 809 of the International Security and Development Cooperation Act 
of 1985 (Public Law 99-83; 99 Stat. 263), International Security and 
Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the 
Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat. 
969), sec. 308 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535), and sec. 
306 of Public Law 96-533 (94 Stat. 363), formerly read as follows:
    ``Sec. 121. Sahel Development Program--Implementation.--(a) The 
President is authorized to furnish assistance, on such terms and 
conditions as he may determine, for the long-term development of the 
Sahelian region. Assistance furnished under this section shall be in 
accordance with a long-term, multidonor development plan which calls 
for equitable burden sharing with other donors and shall be furnished, 
whenever appropriate, in cooperation with an international coordinating 
mechanism.
    ``(b) The President shall prepare an annual report on the Sahel 
Development Program concerning the allocation of the United States 
contribution to the Program, the extent of the contributions from other 
donor countries, the effectiveness of the integrated effort through the 
Club des Amis du Sahel, and the progress made in achieving the 
objectives of the program.
    ``(c) There are authorized to be appropriated to the President for 
purposes of this section beginning in the fiscal year 1978, in addition 
to funds otherwise available for such purposes, $200,000,000, except 
that not to exceed $50,000,000, may be appropriated under this section 
for the fiscal year 1978. In addition to the amount authorized in the 
preceding sentence and to funds otherwise available for such purposes, 
there are authorized to be appropriated to the President for purposes 
of this section $25,000,000. In addition to the amounts authorized in 
the preceding sentences and to funds otherwise available for such 
purposes, there are authorized to be appropriated to the President for 
purposes of this section $86,558,000 for the fiscal year 1986 and 
$87,750,000 for the fiscal year 1987. Amounts appropriated under this 
section are authorized to remain available until expended.
    ``(d) Funds available to carry out this section (including foreign 
currencies acquired with funds appropriated to carry out this section) 
may not be made available to any foreign government for disbursement 
unless the Administrator of the Agency for International Development 
determines that the foreign government will maintain a system of 
accounts with respect to those funds which will provide adequate 
identification of and control over the receipt and expenditure of those 
funds.
    ``(e) Grants shall be made under this section to Sahel Development 
Program host governments in order to help them enhance their 
administrative capabilities to meet the administrative requirements 
resulting from donor country projects and activities.''.
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    Sec. 122.\138\ General Authorities.--(a) In order to carry 
out the purposes of this chapter, 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.
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    \138\ 22 U.S.C. 2151t. Sec. 102(a) of the International Development 
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 940) added 
subsec. (a). Sec. 102(b) of that same Act substantially amended 
subsecs. (b), (c), and (d) of sec. 201, consolidating them into one 
subsec. (b), and then moving it to become subsec. (b) of sec. 122.
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    (b) \138\ 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 chapter, 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) \139\ Dollar receipts paid during any fiscal year from 
loans made under this part or from loans made under predecessor 
foreign assistance legislation shall be deposited in the 
Treasury as miscellaneous receipts.
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    \139\ Sec. 102(c)(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) added subsecs. 
(c) and (d).
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    (d) \139\ Not to exceed $10,000,000 of the funds made 
available each fiscal year for the purposes of this chapter 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) \140\ 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 chapter 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.
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    \140\ Subsec. (e) formerly appeared in this Act as sec. 204. Such 
sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 941).
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    Sec. 123.\141\ Private and Voluntary Organizations and 
Cooperatives in Overseas Development.--(a) 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 102 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.\142\ The Congress urges the Administrator of the 
agency primarily responsible for administering this part, in 
implementing programs authorized under this part, to draw on 
the resources 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.\143\
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    \141\ 22 U.S.C. 2151u. Added by sec. 102(e) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 941).
    \142\ Sec. 307(1) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the 
words to this point beginning with ``and, if necessary * * *''.
    \143\ Sec. 307(2) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the 
words to this point beginning with ``and to establish * * *''.
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    (b) \144\ 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 chapter 
and chapter 10 of this part \145\ 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.\146\
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    \144\ Sec. 534(f) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 118 Stat. 182), provided the following:
    ``(f) Shipment of Humanitarian Assistance.--During fiscal year 2004 
and each fiscal year thereafter, of the amounts made available by the 
United States Agency for International Development to carry out the 
provisions of section 123(b) of the Foreign Assistance Act of 1961, 
funds may be made available to nongovernmental organizations for 
administrative costs necessary to implement a program to obtain 
available donated space on commercial ships for the shipment of 
humanitarian assistance overseas.''.
    \145\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
    \146\ Sec. 121 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee 
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for 
International Development''.
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    (c) 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) 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) \147\ Prohibitions on assistance to countries contained 
in this or any other Act shall not be construed to prohibit 
assistance by the agency primarily responsible for 
administering this part 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 \148\ 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.
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    \147\ Sec. 307(3) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added 
subsec. (e).
    See also sec. 7028 of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 873), relating to eligibility for assistance.
    \148\ Sec. 309(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), struck out 
``thirty days'' and inserted in lieu thereof ``one year''.
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    (f) \149\ For each of the fiscal years 1986 through 1989 
\150\ funds in an amount not less than thirteen and one-half 
\150\ percent of the aggregate amount appropriated for that 
fiscal year to carry out sections 103(a), 104(b), 104(c), 105, 
106, 121, and 491 of this Act 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 sixteen percent of such aggregate amount for the 
activities of private and voluntary organizations. Funds made 
available under chapter 4 of part II of this Act for the 
activities of private and voluntary organizations may be 
considered in determining compliance with the requirements of 
this subsection.\150\
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    \149\ Sec. 309 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added 
subsecs. (f) and (g). Title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999 (division A, 
sec. 101(d) of Public Law 105-277; 112 Stat. 2681), repealed subsec. 
(g), which had read as follows:
    ``(g) After December 31, 1984, funds made available to carry out 
section 103(a), 104(b), 104(c), 105, 106, 491, or 496 of this Act 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 this part. The Administrator of the 
agency primarily responsible for administering this part 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 this part.''.
    \150\ Sec. 309(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec. 
123(f) by striking out ``1982, 1983 and 1984'' and inserting in lieu 
thereof ``1986 through 1989''; by striking out ``twelve'' and by 
inserting in lieu thereof ``thirteen and one half'', and by adding the 
current last sentence.
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    (g) \149\ * * * [Repealed--1998]
    (h) \151\ 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 
chapter 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.
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    \151\ Sec. 310 of Public Law 99-83 (99 Stat. 190) added subsec. 
(h).
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    Sec. 124.\152\ Relatively Least Developed Countries.--(a) 
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 this part.
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    \152\ 22 U.S.C. 2151v. Sec. 112(a)(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 948) added sec. 124.
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    (b) For the purpose of promoting economic growth in these 
countries, the President is authorized and encouraged to make 
assistance under this chapter available on a grant basis to the 
maximum extent that is consistent with the attainment of United 
States development objectives.
    (c) \153\ (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 620(r) of this Act 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 101 and 102--
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    \153\ Sec. 112(a)(2) of the International Development and Food 
Assistance Act of 1978 (92 Stat. 949) stated that the authority granted 
by subsec. (c) shall not become effective until October 1, 1979.
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          (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 this part (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 this part, for activities which are 
        consistent with section 102; and
          (B) may waive interest payments on liability incurred 
        by a relatively least developed country under this part 
        (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 chapter 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 part (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.\154\
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    \154\ Sec. 109 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 363) added this sentence. The 
authorization figure for fiscal year 1981 was inserted in lieu of the 
fiscal year 1980 authorization ($18,800,000) by sec. 308 of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3147).
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    (3) In exercising the authority granted by this subsection, 
the President should act in concert with other creditor 
countries.
    (d) The President may on a case-by-case basis waive the 
requirement of section 110(a) for financial or ``in kind'' 
contributions in the case of programs, projects, or activities 
in relatively least developed countries.
    (e) Section 110(b) shall not apply with respect to grants 
to relatively least developed countries.
    Sec. 125.\155\ Project and Program Evaluation.--(a) The 
Administrator of the agency primarily responsible for 
administering this part is directed to improve the assessment 
and evaluation of the programs and projects carried out by that 
agency under this chapter. The Administrator shall consult with 
the appropriate committees of the Congress in establishing 
standards for such evaluations.
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    \155\ 22 U.S.C. 2151w. Sec. 113 of the International Development 
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) added 
sec. 125. The responsibility of the Administrator mentioned in this 
section was transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA). The 
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment 
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant 
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
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    (b) \156\ * * * [Repealed--1981]
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    \156\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (b), which required the President to report to Congress on 
improvements to the evaluation of projects and programs conducted by 
the international financial institutions and the United Nations 
Development Program. Such report was submitted on March 26, 1979.
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    Sec. 126.\157\ Development and Illicit Narcotics 
Production.--(a) 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 
chapter could address, as well as upon direct narcotics control 
efforts.
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    \157\ 22 U.S.C. 2151x. Sec. 110 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363) added sec. 
126.
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    (b)(1) \158\ In planning programs of assistance under this 
chapter, and chapter 10 of this part,\158\ and under chapter 4 
of part II \158\ for countries in which there is illicit 
narcotics cultivation, the agency primarily responsible for 
administering this part should give priority consideration to 
programs which would help reduce illicit narcotics cultivation 
by stimulating broader development opportunities.
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    \158\ Sec. 603 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), inserted 
``and under chapter 4 of Part II''; inserted the paragraph designation 
``(1)'', and added a new para. (2).
    Sec. 562 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), 
added a new chapter 10 to part I of this Act, providing for long-term 
development in sub-Saharan Africa, and made a conforming amendment by 
inserting ``, and chapter 10 of this part,''.
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    (2) \158\ The agency primarily responsible for 
administering this part 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) In furtherance of the purposes of this section, the 
agency primarily responsible for administering this part 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.
    Sec. 127.\159\ Accelerated Loan Repayments.--The 
Administrator of the agency primarily responsible for 
administering this part shall conduct an annual review of 
bilateral concessional loan balances and shall determine and 
identify those countries whose financial resources make 
possible accelerated loan repayments. In particular, European 
countries that were recipients of concessional loans by 
predecessor agencies to the agency primarily responsible for 
administering this part shall be contacted to negotiate 
accelerated repayments. The criteria used by the Administrator 
in making these determinations shall be established in 
conjunction with the Committee on Foreign Affairs \160\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.
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    \159\ 22 U.S.C. 2151y. Sec. 508(a) of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 379) added sec. 
127. Sec. 508(b) called on the administration to describe the efforts 
made to negotiate accelerated loan repayments in accordance with sec. 
127 within the annual reports on foreign assistance submitted to 
Congress in 1980 and 1981 pursuant to sec. 634 of this Act.
    \160\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 128.\161\ Targeted Assistance.--(a) The President 
shall use poverty measurement standards, such as those 
developed by the International Bank for Reconstruction and 
Development, and other appropriate measurements in determining 
target populations for United States development assistance, 
and shall strengthen United States efforts to assure that a 
substantial percentage of development assistance under this 
chapter directly improves the lives of the poor majority, with 
special emphasis on those individuals living in absolute 
poverty.
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    \161\ 22 U.S.C. 2151z. Sec. 101(b)(2) of Public Law 97-377 (96 
Stat. 1832) added sec. 128. Sec. 121(b)(2) of such Act also required a 
report to Congress within six months from the Administrator of AID on 
the implementation of this provision, the types of projects determined 
to meet these requirements, and the effect on the overall U.S. foreign 
assistance program.
    Sec. 312(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended sec. 
128 by replacing its previous text into new subsecs. (a) and (b). 
Previously sec. 128 read as follows:
    ``Sec. 128. Targeting Assistance for Those Living in Absolute 
Poverty.--In carrying out this chapter, the President in fiscal year 
1983, shall attempt to use not less than 40 per centum of the funds 
made available to carry out this chapter to finance productive 
facilities, goods, and services which will expeditiously and directly 
benefit those living in absolute poverty (as determined under the 
standards for absolute poverty adopted by the International Bank for 
Reconstruction and Development and the International Development 
Association). Such facilities, goods, and services may include, for 
example, irrigation facilities, extension services, credit for small 
farmers, roads, safe drinking water supplies, and health services. Such 
facilities, goods, and services may not include studies, reports, 
technical advice, consulting services, or any other items unless (A) 
they are used primarily by those living in absolute poverty themselves, 
or (B) they constitute research which produces or aims to produce 
techniques, seeds, or other items to be primarily used by those living 
in absolute poverty. Research shall not constitute the major part of 
such facilities, goods, and services.''.
    Sec. 312(b) of Public Law 99-83 (99 Stat. 190), amended sec. 
634(a)(1) of this Act, requiring annual reports to Congress to include 
an evaluation of the extent to which programs under chapter 1 part I 
directly benefit the poor majority.
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    (b) To the maximum extent possible, activities under this 
chapter that attempt to increase the institutional capabilities 
of private organizations or governments, or that attempt to 
stimulate scientific and technological research, shall be 
designed and monitored to ensure that the ultimate 
beneficiaries of these activities are the poor majority.

SEC. 129.\162\ PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN 
                    GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING 
                    OR TRANSITIONAL COUNTRIES.

    (a) Establishment of Program.--
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    \162\ 22 U.S.C. 2151aa. Added by sec. 589(a) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681).
    Title III of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 853), provided the following:
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``Department of the Treasury

``international affairs technical assistance
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    ``For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $25,000,000, to remain available 
until September 30, 2011, which shall be available notwithstanding any 
other provision of law.''.
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          (1) In general.--Not later than 150 days after the 
        date of the enactment of this section, the Secretary of 
        the Treasury, after consultation with the Secretary of 
        State and the Administrator of the United States Agency 
        for International Development, is authorized to 
        establish a program to provide technical assistance to 
        foreign governments and foreign central banks of 
        developing or transitional countries.
          (2) Role of secretary of state.--The Secretary of 
        State shall provide foreign policy guidance to the 
        Secretary to ensure that the program established under 
        this subsection is effectively integrated into the 
        foreign policy of the United States.
    (b) Conduct of Program.--
          (1) In general.--In carrying out the program 
        established under subsection (a), the Secretary shall 
        provide economic and financial technical assistance to 
        foreign governments and foreign central banks of 
        developing and transitional countries by providing 
        advisers with appropriate expertise to advance the 
        enactment of laws and establishment of administrative 
        procedures and institutions in such countries to 
        promote macroeconomic and fiscal stability, efficient 
        resource allocation, transparent and market-oriented 
        processes and sustainable private sector growth.
          (2) Additional requirements.--To the extent 
        practicable, such technical assistance shall be 
        designed to establish--
                  (A) tax systems that are fair, objective, and 
                efficiently gather sufficient revenues for 
                governmental operations;
                  (B) debt issuance and management programs 
                that rely on market forces;
                  (C) budget planning and implementation that 
                permits responsible fiscal policy management;
                  (D) commercial banking sector development 
                that efficiently intermediates between savers 
                and investors; and
                  (E) financial law enforcement to protect the 
                integrity of financial systems, financial 
                institutions, and government programs.
          (3) \163\ Emphasis on anti-corruption.--Such 
        technical assistance shall include elements designed to 
        combat anti-competitive, unethical, and corrupt 
        activities, including protection against actions that 
        may distort or inhibit transparency in market 
        mechanisms and, to the extent applicable, privatization 
        procedures.
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    \163\ Sec. 204 of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
added para. (3).
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    (c) Administrative Requirements.--In carrying out the 
program established under subsection (a), the Secretary--
          (1) shall establish a methodology for identifying and 
        selecting foreign governments and foreign central banks 
        to receive assistance under the program;
          (2) prior to selecting a foreign government or 
        foreign central bank to receive assistance under the 
        program, shall receive the concurrence of the Secretary 
        of State with respect to the selection of such 
        government or central bank and with respect to the cost 
        of the assistance to such government or central bank;
          (3) shall consult with the heads of appropriate 
        Executive agencies of the United States, including the 
        Secretary of State and the Administrator of the United 
        States Agency for International Development, and 
        appropriate international financial institutions to 
        avoid duplicative efforts with respect to those foreign 
        countries for which such agencies or organizations 
        provide similar assistance;
          (4) shall ensure that the program is consistent with 
        the International Affairs Strategic Plan and Mission 
        Performance Plan of the United States Agency for 
        International Development;
          (5) shall establish and carry out a plan to evaluate 
        the program.
    (d) Administrative Authorities.--In carrying out the 
program established under subsection (a), the Secretary shall 
have the following administrative authorities:
          (1) The Secretary may provide allowances and benefits 
        under chapter 9 of title I of the Foreign Service Act 
        of 1980 (22 U.S.C. 4081 et seq.) to any officer or 
        employee of any agency of the United States Government 
        performing functions under this section outside the 
        United States.
          (2)(A) The Secretary may allocate or transfer to any 
        agency of the United States Government any part of any 
        funds available for carrying out this section, 
        including any advance to the United States Government 
        by any country or international organization for the 
        procurement of commodities, supplies, or services.
          (B) Such funds shall be available for obligation and 
        expenditure for the purposes for which such funds were 
        authorized, in accordance with authority granted in 
        this section or under authority governing the 
        activities of the agency of the United States 
        Government to which such funds are allocated or 
        transferred.
          (3) Appropriations for the purposes of or pursuant to 
        this section, and allocations to any agency of the 
        United States Government from other appropriations for 
        functions directly related to the purposes of this 
        section, shall be available for--
                  (A) contracting with individuals for personal 
                services abroad, except that such individuals 
                shall not be regarded as employees of the 
                United States Government for the purpose of any 
                law administered by the Office of Personnel 
                Management;
                  (B) the purchase and hire of passenger motor 
                vehicles, except that passenger motor vehicles 
                may be purchased only--
                          (i) for use in foreign countries; and
                          (ii) if the Secretary or the 
                        Secretary's designee has determined 
                        that the vehicle is necessary to 
                        accomplish the mission;
                  (C) the purchase of insurance for official 
                motor vehicles acquired for use in foreign 
                countries;
                  (D)(i) the rent or lease outside the United 
                States, not to exceed 5 years, of offices, 
                buildings, grounds, and quarters, including 
                living quarters to house personnel, consistent 
                with the relevant interagency housing board 
                policy, and payments therefor in advance;
                  (ii) maintenance, furnishings, necessary 
                repairs, improvements, and alterations to 
                properties owned or rented by the United States 
                Government or made available for use to the 
                United States Government outside the United 
                States; and
                  (iii) costs of insurance, fuel, water, and 
                utilities for such properties;
                  (E) expenses of preparing and transporting to 
                their former homes or places of burial the 
                remains of foreign participants or members of 
                the family of foreign participants, who may die 
                while such participants are away from their 
                homes participating in activities carried out 
                with funds covered by this section;
                  (F) notwithstanding any other provision of 
                law, transportation and payment of per diem in 
                lieu of subsistence to foreign participants 
                engaged in activities of the program under this 
                section while such participants are away from 
                their homes in countries other than the United 
                States, at rates not in excess of those 
                prescribed by the standardized Government 
                travel regulations;
                  (G) expenses in connection with travel of 
                personnel outside the United States, including 
                travel expenses of dependents (including 
                expenses during necessary stop-overs while 
                engaged in such travel), and transportation of 
                personal effects, household goods, and 
                automobiles of such personnel when any part of 
                such travel or transportation begins in one 
                fiscal year pursuant to travel orders issued in 
                that fiscal year, notwithstanding the fact that 
                such travel or transportation may not be 
                completed during the same fiscal year, and cost 
                of transporting automobiles to and from a place 
                of storage, and the cost of storing automobiles 
                of such personnel when it is in the public 
                interest or more economical to authorize 
                storage; and
                  (H) grants to, and cooperative agreements and 
                contracts with, any individual, corporation, or 
                other body of persons, nonprofit organization, 
                friendly government or government agency, 
                whether within or without the United States, 
                and international organizations, as the 
                Secretary determines is appropriate to carry 
                out the purposes of this section.
          (4) Whenever the Secretary determines it to be 
        consistent with the purposes of this section, the 
        Secretary is authorized to furnish services and 
        commodities on an advance-of-funds basis to any 
        friendly country or international organization that is 
        not otherwise prohibited from receiving assistance 
        under this Act. Such advances may be credited to the 
        currently applicable appropriation, account, or fund of 
        the Department of the Treasury and shall be available 
        for the purposes for which such appropriation, account, 
        or fund is authorized to be used.
    (e) Issuance of Regulations.--The Secretary is authorized 
to issue such regulations with respect to personal service 
contractors as the Secretary deems necessary to carry out this 
section.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to infringe upon the powers or functions of the 
Secretary of State (including the powers or functions described 
in section 103 of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of 
mission (including the powers or functions described in section 
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
    (g) Termination of Assistance.--The Secretary shall 
conclude assistance activities for a recipient foreign 
government or foreign central bank under the program 
established under subsection (a) if the Secretary, after 
consultation with the appropriate officers of the United 
States, determines that such assistance has resulted in the 
enactment of laws or the establishment of institutions in that 
country that promote fiscal stability and administrative 
procedures, efficient resource allocation, transparent and 
market-oriented processes and private sector growth in a 
sustainable manner.
    (h) Report.--
          (1) In general.--Not later than 3 months after the 
        date of the enactment of this section, and every 6 
        months thereafter, the Secretary shall prepare and 
        submit to the appropriate congressional committees a 
        report on the conduct of the program established under 
        this section during the preceding 6-month period.
          (2) Definition.--In this subsection, the term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on International Relations 
                and the Committee on Appropriations of the 
                House of Representatives; and
                  (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate.
    (i) Definitions.--In this section:
          (1) Developing or transitional country.--The term 
        ``developing or transitional country'' means a country 
        eligible to receive development assistance under this 
        chapter.
          (2) International financial institution.--The term 
        ``international financial institution'' means the 
        International Monetary Fund, the International Bank for 
        Reconstruction and Development, the International 
        Development Association, the International Finance 
        Corporation, the Multilateral Investment Guarantee 
        Agency, the Asian Development Bank, the African 
        Development Bank, the African Development Fund, the 
        Inter-American Development Bank, the Inter-American 
        Investment Corporation, the European Bank for 
        Reconstruction and Development, and the Bank for 
        Economic Cooperation and Development in the Middle East 
        and North Africa.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Treasury.
          (4) Technical assistance.--The term ``technical 
        assistance'' includes--
                  (A) the use of short-term and long-term 
                expert advisers to assist foreign governments 
                and foreign central banks for the purposes 
                described in subsection (b)(1);
                  (B) training in the recipient country, the 
                United States, or elsewhere for the purposes 
                described in subsection (b)(1);
                  (C) grants of goods, services, or funds to 
                foreign governments and foreign central banks;
                  (D) grants to United States nonprofit 
                organizations to provide services or products 
                which contribute to the provision of advice to 
                foreign governments and foreign central banks; 
                and
                  (E) study tours for foreign officials in the 
                United States or elsewhere for the purpose of 
                providing technical information to such 
                officials.
          (5) Foreign participant.--The term ``foreign 
        participant'' means the national of a developing or 
        transitional country that is receiving assistance under 
        the program established under subsection (a) who has 
        been designated to participate in activities under such 
        program.
    (j) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section $5,000,000 for 
        fiscal year 1999.
          (2) Availability of amounts.--Amounts authorized to 
        be appropriated under paragraph (1) are authorized to 
        remain available until expended.

SEC. 130.\164\ ASSISTANCE FOR VICTIMS OF TORTURE.

    (a) In General.--The President is authorized to provide 
assistance for the rehabilitation of victims of torture.
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    \164\ 22 U.S.C. 2152. Added by sec. 4(a) of the Torture Victims 
Relief Act of 1998 (Public Law 105-320; 112 Stat. 3016), as sec. 129. 
Sec. 6(a) of Public Law 106-87 (113 Stat. 1302) redesignated sec. 129 
as sec. 130.
    Funding levels for foreign treatment centers, domestic treatment 
centers (under the Department of Health and Human Services), and a U.S. 
contribution to the United Nations Voluntary Fund for Victims of 
Torture are provided in the Torture Victims Relief Act of 1998 (Public 
Law 105-320; 112 Stat. 3016) and subsequent reauthorizations. For that 
Act and other related legislation, see Legislation on Foreign Relations 
Through 2008, vol. I-B. Funding levels have been authorized as follows:
    For foreign treatment centers: fiscal year 1999--$5,000,000; fiscal 
year 2000--$7,500,000; fiscal year 2001--$10,000,000; fiscal year 
2002--$10,000,000; fiscal year 2003--$10,000,000; fiscal year 2004--
$11,000,000; fiscal year 2005--$12,000,000; fiscal year 2006--
$12,000,000; fiscal year 2007--$13,000,000; fiscal years 2008 and 
2009--no new authorization.
    For domestic treatment centers (under the Department of Health and 
Human Services): fiscal year 1999--$5,000,000; fiscal year 2000--
$7,500,000; fiscal year 2001--$10,000,000; fiscal year 2002--
$10,000,000; fiscal year 2003--$10,000,000; fiscal year 2004--
$20,000,000; fiscal year 2005--$25,000,000; fiscal year 2006--
$25,000,000; fiscal year 2007--$25,000,000; fiscal years 2008 and 
2009--no new authorization.
    For a U.S. contribution to the U.N. Voluntary Fund for Victims of 
Torture: fiscal year 1999--$3,000,000; fiscal year 2000--$3,000,000; 
fiscal year 2001--$5,000,000; fiscal year 2002--$5,000,000; fiscal year 
2003--$5,000,000; fiscal year 2004--$6,000,000; fiscal year 2005--
$7,000,000; fiscal year 2006--$7,000,000; fiscal year 2007--$8,000,000; 
fiscal years 2008 and 2009--no new authorization.
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    (b) Eligibility for Grants.--Such assistance shall be 
provided in the form of grants to treatment centers and 
programs in foreign countries that are carrying out projects or 
activities specifically designed to treat victims of torture 
for the physical and psychological effects of the torture.
    (c) Use of Funds.--Such assistance shall be available--
          (1) for direct services to victims of torture; and
          (2) to provide research and training to health care 
        providers outside of treatment centers or programs 
        described in subsection (b), for the purpose of 
        enabling such providers to provide the services 
        described in paragraph (1).

SEC. 131.\165\ MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. * * * 
                    [REPEALED--2004]
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    \165\ Formerly at 22 U.S.C. 2152a. Repealed by sec. 8(a) of the 
Microenterprise Results and Accountability Act of 2004 (Public Law 108-
484; 118 Stat. 3922). Originally added by sec. 105 of the 
Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 
106-309; 114 Stat. 1082).
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SEC. 132.\166\ UNITED STATES MICROFINANCE LOAN FACILITY. * * * 
                    [TRANSFERRED AND REDESIGNATED AS SEC. 257--2004]

SEC. 133.\167\ PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

    (a) Establishment of Programs.--
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    \166\ Formerly at 22 U.S.C. 2152b; redesignated as 22 U.S.C. 2213. 
Transferred to title VI of chapter 2 of part I of this Act as sec. 257 
by sec. 5 of the Microenterprise Results and Accountability Act of 2004 
(Public Law 108-484; 118 Stat. 3922). Originally added by sec. 107(a) 
of the Microenterprise for Self-Reliance Act of 2000 (title I of Public 
Law 106-309; 114 Stat. 1086).
    \167\ 22 U.S.C. 2152c. Added by sec. 205(a) of the International 
Anti-Corruption and Good Governance Act of 2000 (title II of Public Law 
106-309; 114 Stat. 1092).
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          (1) In general.--The President is authorized to 
        establish programs that combat corruption, improve 
        transparency and accountability, and promote other 
        forms of good governance in countries described in 
        paragraph (2).
          (2) Countries described.--A country described in this 
        paragraph is a country that is eligible to receive 
        assistance under this part (including chapter 4 of part 
        II of this Act) or the Support for East European 
        Democracy (SEED) Act of 1989.
          (3) Priority.--In carrying out paragraph (1), the 
        President shall give priority to establishing programs 
        in countries that received a significant amount of 
        United States foreign assistance for the prior fiscal 
        year, or in which the United States has a significant 
        economic interest, and that continue to have the most 
        persistent problems with public and private corruption. 
        In determining which countries have the most persistent 
        problems with public and private corruption under the 
        preceding sentence, the President shall take into 
        account criteria such as the Transparency International 
        Annual Corruption Perceptions Index, standards and 
        codes set forth by the International Bank for 
        Reconstruction and Development and the International 
        Monetary Fund, and other relevant criteria.
          (4) Relation to other laws.--
                  (A) In general.--Assistance provided for 
                countries under programs established pursuant 
                to paragraph (1) may be made available 
                notwithstanding any other provision of law that 
                restricts assistance to foreign countries. 
                Assistance provided under a program established 
                pursuant to paragraph (1) for a country that 
                would otherwise be restricted from receiving 
                such assistance but for the preceding sentence 
                may not be provided directly to the government 
                of the country.
                  (B) Exception.--Subparagraph (A) does not 
                apply with respect to--
                          (i) section 620A of this Act or any 
                        comparable provision of law prohibiting 
                        assistance to countries that support 
                        international terrorism; or
                          (ii) section 907 of the Freedom for 
                        Russia and Emerging Eurasian 
                        Democracies and Open Markets Support 
                        Act of 1992.
    (b) Specific Projects and Activities.--The programs 
established pursuant to subsection (a) shall include, to the 
extent appropriate, projects and activities that--
          (1) support responsible independent media to promote 
        oversight of public and private institutions;
          (2) implement financial disclosure among public 
        officials, political parties, and candidates for public 
        office, open budgeting processes, and transparent 
        financial management systems;
          (3) support the establishment of audit offices, 
        inspectors general offices, third party monitoring of 
        government procurement processes, and anti-corruption 
        agencies;
          (4) promote responsive, transparent, and accountable 
        legislatures and local governments that ensure 
        legislative and local oversight and whistle-blower 
        protection;
          (5) promote legal and judicial reforms that 
        criminalize corruption and law enforcement reforms and 
        development that encourage prosecutions of criminal 
        corruption;
          (6) assist in the development of a legal framework 
        for commercial transactions that fosters business 
        practices that promote transparent, ethical, and 
        competitive behavior in the economic sector, such as 
        commercial codes that incorporate international 
        standards and protection of intellectual property 
        rights;
          (7) promote free and fair national, state, and local 
        elections;
          (8) foster public participation in the legislative 
        process and public access to government information; 
        and
          (9) engage civil society in the fight against 
        corruption.
    (c) Conduct of Projects and Activities.--Projects and 
activities under the programs established pursuant to 
subsection (a) may include, among other things, training and 
technical assistance (including drafting of anti-corruption, 
privatization, and competitive statutory and administrative 
codes), drafting of anti-corruption, privatization, and 
competitive statutory and administrative codes, support for 
independent media and publications, financing of the program 
and operating costs of nongovernmental organizations that carry 
out such projects or activities, and assistance for travel of 
individuals to the United States and other countries for such 
projects and activities.
    (d) \168\ Biennial Reports.--
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    \168\ Sec. 672(a)(1) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out 
``Annual Report'' and inserted in lieu thereof ``Biennial Reports.''. 
Subsec. (b) of that section further provided the following:
    ``(b) Transition.--The first biennial report under section 133(d) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as amended 
by subsection (a), is required to be submitted not later than two years 
after the date of submission of the last annual report required under 
such section 133 (as in effect before the date of enactment of this 
Act).''.
    Previously, sec. 205(b) of the International Anti-Corruption and 
Good Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 
1092) required the following:
    ``(b) Deadline for Initial Report.--The initial annual report 
required by section 133(d)(1) of the Foreign Assistance Act of 1961, as 
added by subsection (a), shall be transmitted not later than 180 days 
after the date of the enactment of this Act.''.
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          (1) In general.--The Secretary of State, in 
        consultation with the Secretary of Commerce and the 
        Administrator of the United States Agency for 
        International Development, shall prepare and transmit 
        to the Committee on International Relations and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate a 
        biennial report \169\ on--
---------------------------------------------------------------------------
    \169\ Sec. 672(a)(2)(A) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out ``an 
annual report'' and inserted in lieu thereof ``a biennial report''.
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                  (A) projects and activities carried out under 
                programs established under subsection (a) for 
                the preceding two-year period \170\ in priority 
                countries identified pursuant to subsection 
                (a)(3); and
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    \170\ Sec. 672(a)(2)(B) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out 
``prior year'' and inserted in lieu thereof ``preceding two-year 
period''.
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                  (B) projects and activities carried out under 
                programs to combat corruption, improve 
                transparency and accountability, and promote 
                other forms of good governance established 
                under other provisions of law for the preceding 
                two-year period \171\ in such countries.
---------------------------------------------------------------------------
    \171\ Sec. 672(a)(2)(C) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out 
``prior year'' and inserted in lieu thereof ``preceding two-year 
period''.
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          (2) Required contents.--The report required by 
        paragraph (1) shall contain the following information 
        with respect to each country described in paragraph 
        (1):
                  (A) A description of all United States 
                Government-funded programs and initiatives to 
                combat corruption and improve transparency and 
                accountability in the country.
                  (B) A description of United States diplomatic 
                efforts to combat corruption and improve 
                transparency and accountability in the country.
                  (C) An analysis of major actions taken by the 
                government of the country to combat corruption 
                and improve transparency and accountability in 
                the country.
    (e) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this 
Act) and the Support for East European Democracy (SEED) Act of 
1989 shall be made available to carry out this section.

SEC. 134.\172\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                    STANDARDS FOR THE ELIMINATION OF TRAFFICKING.

    (a) Authorization.--The President is authorized to provide 
assistance to foreign countries directly, or through 
nongovernmental and multilateral organizations, for programs, 
projects, and activities designed to meet the minimum standards 
for the elimination of trafficking (as defined in section 103 
of the Trafficking Victims Protection Act of 2000), including--
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    \172\ 22 U.S.C. 2152d. Added by sec. 109 of the Trafficking Victims 
Protection Act of 2000 (division A of Public Law 106-386; 114 Stat. 
1481). Sec. 107(a) of that Act (22 U.S.C. 7105(a)), as amended, 
provides the following:
---------------------------------------------------------------------------

``sec. 107. protection and assistance for victims of trafficking.
---------------------------------------------------------------------------

    ``(a) Assistance for Victims in Other Countries.--
---------------------------------------------------------------------------

  ``(1) In general.--The Secretary of State and the Administrator of the 
United States Agency for International Development, in consultation with 
appropriate nongovernmental organizations, shall establish and carry out 
programs and initiatives in foreign countries to assist in the safe 
integration, reintegration, or resettlement, as appropriate, of victims of 
trafficking. Such programs and initiatives shall be designed to meet the 
appropriate assistance needs of such persons and their children, as 
identified by the Task Force, and shall be carried out in a manner which 
takes into account the cross-border, regional, and transnational aspects of 
trafficking in persons. In addition, such programs and initiatives shall, 
to the maximum extent practicable, include the following:

  ``(A) Support for local in-country nongovernmental organization-operated 
hotlines, culturally and linguistically appropriate protective shelters, 
and regional and international nongovernmental organization networks and 
databases on trafficking, including support to assist nongovernmental 
organizations in establishing service centers and systems that are mobile 
and extend beyond large cities.

  ``(B) Support for nongovernmental organizations and advocates to provide 
legal, social, and other services and assistance to trafficked individuals, 
particularly those individuals in detention, and by facilitating contact 
between relevant foreign government agencies and such nongovernmental 
organizations to facilitate cooperation between the foreign governments and 
such organizations.

  ``(C) Education and training for trafficked women and girls.

  ``(D) The safe integration or reintegration of trafficked individuals 
into an appropriate community or family, with full respect for the wishes, 
dignity, and safety of the trafficked individual.

  ``(E) Support for developing or increasing programs to assist families of 
victims in locating, repatriating, and treating their trafficked family 
members, in assisting the voluntary repatriation of these family members or 
their integration or resettlement into appropriate communities, and in 
providing them with treatment.

  ``(F) In cooperation and coordination with relevant organizations, such 
as the United Nations High Commissioner for Refugees, the International 
Organization for Migration, and private nongovernmental organizations that 
contract with, or receive grants from, the United States Government to 
assist refugees and internally displaced persons, support for--

    ``(i) increased protections for refugees and internally 
  displaced persons, including outreach and education efforts 
  to prevent such refugees and internally displaced persons 
  from being exploited by traffickers; and
    ``(ii) performance of best interest determinations for 
  unaccompanied and separated children who come to the 
  attention of the United Nations High Commissioner for 
  Refugees, its partner organizations, or any organization that 
  contracts with the Department of States in order to identify 
  child trafficking victims and to assist their safe 
  integration, reintegration, and resettlement.

  ``(2) Additional requirement.--In establishing and conducting programs 
and initiatives described in paragraph (1), the Secretary of State and the 
Administrator of the United States Agency for International Development 
shall take all appropriate steps to enhance cooperative efforts among 
foreign countries, including countries of origin of victims of trafficking, 
to assist in the integration, reintegration, or resettlement, as 
appropriate, of victims of trafficking, including stateless victims. In 
carrying out this paragraph, the Secretary and the Administrator shall take 
all appropriate steps to ensure that cooperative efforts among foreign 
countries are undertaken on a regional basis''.

          (1) the drafting of laws to prohibit and punish acts 
        of trafficking;
          (2) the investigation and prosecution of traffickers;
          (3) the creation and maintenance of facilities, 
        programs, projects, and activities for the protection 
        of victims; and
          (4) the expansion of exchange programs and 
        international visitor programs for governmental and 
        nongovernmental personnel to combat trafficking.
    (b) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this 
Act) and the Support for East European Democracy (SEED) Act of 
1989 shall be made available to carry out this section. 
Assistance may be provided under this section notwithstanding 
section 660 of this Act.\173\
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    \173\ Sec. 6(f) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2883) added 
this sentence.
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SEC. 135.\174\ ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.

    (a) Findings.--Congress finds the following:
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    \174\ 22 U.S.C. 2152f. Sec. 3 of the Assistance for Orphans and 
Other Vulnerable Children in Developing Countries Act of 2005 (Public 
Law 109-95; 119 Stat. 2113) added sec. 135.
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          (1) There are more than 143,000,000 orphans living 
        sub-Saharan Africa, Asia, Latin America, and the 
        Caribbean. Of this number, approximately 16,200,000 
        children have lost both parents.
          (2) The HIV/AIDS pandemic has created an 
        unprecedented orphan crisis, especially in sub-Saharan 
        Africa, where children have been hardest hit. The 
        pandemic is deepening poverty in entire communities, 
        and is jeopardizing the health, safety, and survival of 
        all children in affected countries. It is estimated 
        that 14,000,000 children have lost one or both parents 
        to AIDS.
          (3) The orphans crisis in sub-Saharan Africa has 
        implications for human welfare, development, and 
        political stability that extend far beyond the region, 
        affecting governments and people worldwide.
          (4) Extended families and local communities are 
        struggling to meet the basic needs of orphans and 
        vulnerable children by providing food, health care 
        including treatment of children living with HIV/AIDS, 
        education expenses, and clothing.
          (5) Famines, natural disasters, chronic poverty, 
        ongoing conflicts, and civil wars in developing 
        countries are adversely affecting children in these 
        countries, the vast majority of whom currently do not 
        receive humanitarian assistance or other support from 
        the United States.
          (6) The United States Government administers various 
        assistance programs for orphans and other vulnerable 
        children in developing countries. In order to improve 
        targeting and programming of resources, the United 
        States Agency for International Development should 
        develop methods to adequately track the overall number 
        of orphans and other vulnerable children receiving 
        assistance, the kinds of programs for such children by 
        sector and location, and any other such related data 
        and analysis.
          (7) The United States Agency for International 
        Development should improve its capabilities to deliver 
        assistance to orphans and other vulnerable children in 
        developing countries through partnerships with private 
        volunteer organizations, including community and faith-
        based organizations.
          (8) The United States Agency for International 
        Development should be the primary United States 
        Government agency responsible for identifying and 
        assisting orphans and other vulnerable children in 
        developing countries.
          (9) Providing assistance to such children is an 
        important expression of the humanitarian concern and 
        tradition of the people of the United States.
    (b) Definitions.--In this section:
          (1) Aids.--The term ``AIDS'' has the meaning given 
        the term in section 104A(g)(1) of this Act.
          (2) Children.--The term ``children'' means persons 
        who have not attained 18 years of age.
          (3) Hiv/aids.--The term ``HIV/AIDS'' has the meaning 
        given the term in section 104A(g)(3) of this Act.
          (4) Orphan.--The term ``orphan'' means a child 
        deprived by death of one or both parents.
          (5) Psychosocial support.--The term ``psychosocial 
        support'' includes care that addresses the ongoing 
        psychological and social problems that affect 
        individuals, their partners, families, and caregivers 
        in order to alleviate suffering, strengthen social ties 
        and integration, provide emotional support, and promote 
        coping strategies.
    (c) Assistance.--The President is authorized to provide 
assistance, including providing such assistance through 
international or nongovernmental organizations, for programs in 
developing countries to provide basic care and services for 
orphans and other vulnerable children. Such programs should 
provide assistance--
          (1) to support families and communities to mobilize 
        their own resources through the establishment of 
        community-based organizations to provide basic care for 
        orphans and other vulnerable children;
          (2) for school food programs, including the purchase 
        of local or regional foodstuffs where appropriate;
          (3) to increase primary school enrollment through the 
        elimination of school fees, where appropriate, or other 
        barriers to education while ensuring that adequate 
        resources exist for teacher training and 
        infrastructure;
          (4) to provide employment training and related 
        services for orphans and other vulnerable children who 
        are of legal working age;
          (5) to protect and promote the inheritance rights of 
        orphans, other vulnerable children, and widows;
          (6) to provide culturally appropriate psychosocial 
        support to orphans and other vulnerable children; and
          (7) to treat orphans and other vulnerable children 
        with HIV/AIDS through the provision of pharmaceuticals, 
        the recruitment and training of individuals to provide 
        pediatric treatment, and the purchase of pediatric-
        specific technologies.
    (d) Monitoring and Evaluation.--
          (1) Establishment.--To maximize the sustainable 
        development impact of assistance authorized under this 
        section, and pursuant to the strategy required in 
        section 4 of the Assistance for Orphans and Other 
        Vulnerable Children in Developing Countries Act of 
        2005, the President shall establish a monitoring and 
        evaluation system to measure the effectiveness of 
        United States assistance to orphans and other 
        vulnerable children.
          (2) Requirements.--The monitoring and evaluation 
        system shall--
                  (A) establish performance goals for the 
                assistance and expresses such goals in an 
                objective and quantifiable form, to the extent 
                feasible;
                  (B) establish performance indicators to be 
                used in measuring or assessing the achievement 
                of the performance goals described in 
                subparagraph (A); and
                  (C) provide a basis for recommendations for 
                adjustments to the assistance to enhance the 
                impact of assistance.
    (e) Special Advisor for Assistance to Orphans and 
Vulnerable Children.--
          (1) Appointment.--
                  (A) In general.--The Secretary of State, in 
                consultation with the Administrator of the 
                United States Agency for International 
                Development, shall appoint a Special Advisor 
                for Assistance to Orphans and Vulnerable 
                Children.
                  (B) Delegation.--At the discretion of the 
                Secretary of State, the authority to appoint a 
                Special Advisor under subparagraph (A) may be 
                delegated by the Secretary of State to the 
                Administrator of the United States Agency for 
                International Development.
          (2) Duties.--The duties of the Special Advisor for 
        Assistance to Orphans and Vulnerable Children shall 
        include the following:
                  (A) Coordinate assistance to orphans and 
                other vulnerable children among the various 
                offices, bureaus, and field missions within the 
                United States Agency for International 
                Development.
                  (B) Advise the various offices, bureaus, and 
                field missions within the United States Agency 
                for International Development to ensure that 
                programs approved for assistance under this 
                section are consistent with best practices, 
                meet the requirements of this Act, and conform 
                to the strategy outlined in section 4 of the 
                Assistance for Orphans and Other Vulnerable 
                Children in Developing Countries Act of 2005.
                  (C) Advise the various offices, bureaus, and 
                field missions within the United States Agency 
                for International Development in developing any 
                component of their annual plan, as it relates 
                to assistance for orphans or other vulnerable 
                children in developing countries, to ensure 
                that each program, project, or activity 
                relating to such assistance is consistent with 
                best practices, meets the requirements of this 
                Act, and conforms to the strategy outlined in 
                section 4 of the Assistance for Orphans and 
                Other Vulnerable Children in Developing 
                Countries Act of 2005.
                  (D) Coordinate all United States assistance 
                to orphans and other vulnerable children among 
                United States departments and agencies, 
                including the provision of assistance relating 
                to HIV/AIDS authorized under the United States 
                Leadership Against HIV/AIDS, Tuberculosis, and 
                Malaria Act of 2003 (Public Law 108-25), and 
                the amendments made by such Act (including 
                section 102 of such Act, and the amendments 
                made by such section, relating to the 
                coordination of HIV/AIDS programs).
                  (E) Establish priorities that promote the 
                delivery of assistance to the most vulnerable 
                populations of orphans and children, 
                particularly in those countries with a high 
                rate of HIV infection among women.
                  (F) Disseminate a collection of best 
                practices to field missions of the United 
                States Agency for International Development to 
                guide the development and implementation of 
                programs to assist orphans and vulnerable 
                children.
                  (G) Administer the monitoring and evaluation 
                system established in subsection (d).
                  (H) Prepare the annual report required by 
                section 5 of the Assistance for Orphans and 
                Other Vulnerable Children in Developing 
                Countries Act of 2005.
    (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to the President to carry out this section 
        such sums as may be necessary for each of the fiscal 
        years 2006 and 2007.
          (2) Availability of funds.--Amounts made available 
        under paragraph (1) are authorized to remain available 
        until expended.

SEC. 135.\175\ ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION.

    (a) Purposes.--The purposes of assistance authorized by 
this section are--
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    \175\ 22 U.S.C. 2152h. Added by sec. 5(a) of the Senator Paul Simon 
Water for the Poor Act of 2005 (Public Law 109-121; 119 Stat. 2536).
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          (1) to promote good health, economic development, 
        poverty reduction, women's empowerment, conflict 
        prevention, and environmental sustainability by 
        providing assistance to expand access to safe water and 
        sanitation, promoting integrated water resource 
        management, and improving hygiene for people around the 
        world;
          (2) to seek to reduce by one-half from the baseline 
        year 1990 the proportion of people who are unable to 
        reach or afford safe drinking water and the proportion 
        of people without access to basic sanitation by 2015;
          (3) to focus water and sanitation assistance toward 
        the countries, locales, and people with the greatest 
        need;
          (4) to promote affordability and equity in the 
        provision of access to safe water and sanitation for 
        the very poor, women, and other vulnerable populations;
          (5) to improve water efficiency through water demand 
        management and reduction of unaccounted-for water;
          (6) to promote long-term sustainability in the 
        affordable and equitable provision of access to safe 
        water and sanitation through the creation of innovative 
        financing mechanisms such as national revolving funds, 
        and by strengthening the capacity of recipient 
        governments and communities to formulate and implement 
        policies that expand access to safe water and 
        sanitation in a sustainable fashion, including 
        integrated planning;
          (7) to secure the greatest amount of resources 
        possible, encourage private investment in water and 
        sanitation infrastructure and services, particularly in 
        lower middle-income countries, without creating 
        unsustainable debt for low-income countries or 
        unaffordable water and sanitation costs for the very 
        poor; and
          (8) to promote the capacity of recipient governments 
        to provide affordable, equitable, and sustainable 
        access to safe water and sanitation.
    (b) \176\ Authorization.--To carry out the purposes of 
subsection (a), the President is authorized to furnish 
assistance for programs in developing countries to provide 
affordable and equitable access to safe water and sanitation.
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    \176\ Title III of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 844), provides the following:
---------------------------------------------------------------------------

``development assistance
---------------------------------------------------------------------------

    ``* * * Provided further, That of the funds appropriated by this 
Act and prior Acts for fiscal year 2009, not less than $300,000,000 
shall be made available for water and sanitation supply projects 
pursuant to the Senator Paul Simon Water for the Poor Act of 2005 
(Public Law 109-121), of which not less than $125,000,000 should be 
made available for such projects in Africa''.
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    (c) Activities Supported.--Assistance provided under 
subsection (b) shall, to the maximum extent practicable, be 
used to--
          (1) expand affordable and equitable access to safe 
        water and sanitation for underserved populations;
          (2) support the design, construction, maintenance, 
        upkeep, repair, and operation of water delivery and 
        sanitation systems;
          (3) improve the safety and reliability of water 
        supplies, including environmental management; and
          (4) improve the capacity of recipient governments and 
        local communities, including capacity-building programs 
        for improved water resource management.
    (d) Local Currency.--The President may use payments made in 
local currencies under an agreement made under title I of the 
Food for Peace Act \177\ (7 U.S.C. 1701 et seq.) to provide 
assistance under this section.
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    \177\ Sec. 3001(b) of the Food, Conservation, and Energy Act of 
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural 
Trade Development and Assistance Act of 1954'' and inserted in lieu 
thereof ``Food for Peace Act''.
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                    Chapter 2--Other Programs \178\

    Sec. 201.\179\ General Authority. * * * [Repealed--1978]
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    \178\ Sec. 102(g)(1)(B) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted the 
chapter heading ``Other Programs'' in lieu of ``Development 
Assistance''.
    \179\ Sec. 102(g)(1)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) repealed secs. 
201, 202, 203, 204, 207, and 208. The text of sec. 204 was subsequently 
reinserted as subsec. (e) of sec. 122 of this Act.
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    Sec. 202.\179\ Authorization. * * * [Repealed--1978]
    Sec. 203.\179\ Fiscal Provisions. * * * [Repealed--1978]
    Sec. 204.\179\ Development Loan Committee. * * * 
[Repealed--1978]
    Sec. 205.\180\ Relating to Transfers to International 
Financial Institutions. * * * [Repealed--1972]
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    \180\ Sec. 101(d) of the FA Act of 1971 (Public Law 92-226; 86 
Stat. 21) repealed sec. 205.
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     Title I--Multilateral and Regional Development Programs \181\
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    \181\ Sec. 102(g)(1)(C) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new 
title heading.
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    Sec. 206.\182\ Regional Development in Africa.--The 
President is requested to seek and to take appropriate action, 
in cooperation and consultation with African and other 
interested nations and with international development 
organizations, to further and assist in the advancement of 
African regional development institutions, including the 
African Development Bank, with the view toward promoting 
African economic development.
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    \182\ 22 U.S.C. 2166. Sec. 102(b) of the FA Act of 1965 (Public Law 
89-171) added sec. 206.
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    Sec. 207.\179\ Purposes of Development Assistance. * * * 
[Repealed--1978]
    Sec. 208.\179\ Self-Help Criteria. * * * [Repealed--1978]
    Sec. 209.\183\ Multilateral and Regional Programs.--(a) The 
Congress recognizes that the planning and administration of 
development assistance by, or under the sponsorship of the 
United Nations, multilateral lending institutions, and other 
multilateral organizations may contribute to the efficiency and 
effectiveness of that assistance through participation of other 
donors in the development effort, improved coordination of 
policies and programs, pooling of knowledge, avoidance of 
duplication of facilities and manpower, and greater 
encouragement of self-help performance.
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    \183\ 22 U.S.C. 2169. Sec. 102(e) of the FA Act of 1967 (Public Law 
90-137) added sec. 209. Sec. 101(c)(1) of the FA Act of 1971 (Public 
Law 92-226; 86 Stat. 21) amended subsec. (a), which formerly read as 
follows:
    ``(a) Multilateral Programs.--The Congress recognizes that planning 
and administration of development assistance by, or under the 
sponsorship of, multilateral lending institutions and other 
international organizations may, in some instances, contribute to the 
efficiency and effectiveness of that assistance through participation 
of other donors in the development effort, improved coordination of 
policies and programs, pooling of knowledge, avoidance of duplication 
of facilities and manpower, and greater encouragement of self-help 
performance.''.
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    (b) \184\ It is further the sense of the Congress (1) that 
where problems or opportunities are common to two or more 
countries in a region, in such fields as agriculture, 
education, transportation, communications, power, watershed 
development, disease control, and establishment of development 
banks, these countries often can more effectively resolve such 
problems and exploit such opportunities by joining together in 
regional organizations or working together on regional 
programs, (2) that assistance often can be utilized more 
efficiently in regional programs than in separate country 
programs, and (3) that to the maximum extent practicable 
consistent with the purposes of this Act assistance under this 
Act should be furnished so as to encourage less developed 
countries to cooperate with each other in regional development 
programs.
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    \184\ Sec. 101(c)(3) of the FA Act of 1971 (Public Law 92-226; 86 
Stat. 21) struck out ``Regional Programs.--''.
---------------------------------------------------------------------------
    (c) \185\ It is the sense of the Congress that the 
President should increase, to the extent practicable, the funds 
provided by the United States to multilateral lending 
institutions and multilateral organizations in which the United 
States participates for use by such institutions and 
organizations in making loans to foreign countries.
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    \185\ Subsec. (c), which was added by sec. 101(c)(2) of the FA Act 
of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of 
Public Law 94-161 (89 Stat. 849). It formerly read as follows: 
``Notwithstanding any other provision of law, the President should 
reduce the amounts and numbers of loans made by the United States 
directly to individual foreign countries with the objective of reducing 
the total amount of bilateral loans made under this Act so that, by not 
later than June 30, 1975, such total amount shall not exceed 
$100,000,000.''.
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    (d) \186\ * * * [Repealed--2000]
---------------------------------------------------------------------------
    \186\ Subsec. (d), added by sec. 101(c)(2) of the FA Act of 1971 
(Public Law 92-226; 86 Stat. 21), was struck out by sec. 804 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, 
enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat. 
1900A-67). It had read as follows:
    ``(d) In furtherance of the provisions of subsection (a) of this 
section, any funds appropriated under this part I may be transferred by 
the President to the International Development Association, the 
International Bank for Reconstruction and Development, the 
International Finance Corporation, the Asian Development Bank or other 
multilateral lending institutions and multilateral organizations in 
which the United States participates for the purpose of providing funds 
to enable any such institution or organization to make loans to foreign 
countries.''.
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    Sec. 211.\187\ General Authority. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \187\ Sec. 102(g)(1)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) repealed secs. 
211, 212, 215, 216, 217, 218, 220, and 220A.
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    Sec. 212.\187\ Authorization. * * * [Repealed--1978]
    Sec. 213.\188\ Atoms for Peace. * * * [Repealed--1962]
---------------------------------------------------------------------------
    \188\ Sec. 103(c) of the FA Act of 1962 (76 Stat. 256) repealed 
sec. 213.
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 Title II--American Schools and Hospitals Abroad; Prototype Desalting 
                              Plant \189\
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    \189\ Sec. 102(g)(1)(D) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new 
title heading.
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    Sec. 214.\190\ American Schools and Hospitals Abroad.--(a) 
The President is authorized to furnish \191\ assistance, on 
such terms and conditions as he may specify, to schools and 
libraries outside the United States founded or sponsored by 
United States citizens and serving as study and demonstration 
centers for ideas and practices of the United States.
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    \190\ 22 U.S.C. 2174.
    \191\ Sec. 103(b)(1) of the FA Act of 1963 (Public Law 88-205) 
struck out ``use, in addition to other funds available for such 
purposes, funds made available for the purposes of sec. 211 for'' and 
inserted in lieu thereof ``furnish''.
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    (b) The President is authorized,\192\ notwithstanding the 
provisions of the Mutual Defense Assistance Control Act of 1951 
(22 U.S.C. 1611 et seq.) \193\ to furnish \194\ assistance, on 
such terms and conditions as he may specify, to institutions 
referred to in subsection (a) of this section, and to hospital 
centers for medical education and research outside the United 
States, founded or sponsored by United States citizens.\195\
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    \192\ Sec. 103(b)(2) of the FA Act of 1963 (Public Law 88-205) 
struck out ``to use'' after ``authorized''.
    \193\ Superseded by the Export Administration Act of 1979.
    \194\ Sec. 103(b)(2) of the FA Act of 1963 (Public Law 88-205) 
struck out ``foreign currencies accruing to the United States 
Government under any Act, for purposes of subsection (2) of this 
section, and for'' and inserted in lieu thereof ``to furnish''.
    \195\ Sec. 103(c)(1) of the FA Act of 1966 (Public Law 89-583) 
substituted the words to this point, beginning with ``to institutions 
referred to'' in lieu of ``to hospitals outside the United States 
founded or sponsored by United States citizens and serving as centers 
for medical education and research''.
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    (c) \196\ (1) To carry out the purposes of this section, 
there are authorized to be appropriated to the President 
$35,000,000 for fiscal year 1986 and $35,000,000 for fiscal 
year 1987.
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    \196\ Sec. 4(2) of the FA Act of 1973 (Public Law 93-189) amended 
and restated subsec. (c).
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    (2) Amounts appropriated under paragraph (1) are authorized 
to remain available until expended.\197\
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    \197\ Sec. 401 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added 
authorization figures for fiscal years 1986 and 1987. Authorizations 
under sec. 214 for recent years included the following: fiscal year 
1975--$19,000,000; fiscal year 1976--$25,000,000; fiscal year 1977--
$25,000,000; fiscal year 1978--$25,000,000; fiscal year 1979--
$25,000,000; fiscal year 1980--$25,000,000; fiscal year 1981--
$30,000,000; fiscal year 1982--$20,000,000; fiscal year 1983--
$20,000,000; fiscal year 1984--$30,000,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2009--no authorization.
    Congress did not enact an authorization for fiscal year 2009. 
Instead, the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8), 
waives the requirements for authorization and title III of that Act 
(123 Stat. 844) provides the following:
---------------------------------------------------------------------------

``development assistance
---------------------------------------------------------------------------

    ``* * *Provided further, That of the funds appropriated under this 
heading, not less than $22,500,000 shall be made available for the 
American Schools and Hospitals Abroad program:''.
---------------------------------------------------------------------------
    (d) \198\ Notwithstanding the provisions of subsection (b), 
funds appropriated under this section may be used for 
assistance to centers for pediatric plastic and reconstructive 
surgery established by Children's Medical Relief International, 
except that assistance may not be furnished for the domestic 
operations of any such center located in the United States, its 
territories or possessions.
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    \198\ Sec. 114(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed 
subsecs. (d) and (e) (originally added by the FA Act of 1973), and 
redesignated subsec. (f) (originally added by Public Law 95-88; 91 
Stat. 539) as subsec. (d).
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    Sec. 215.\199\ Loans to Small Farmers. * * * [Repealed--
1978]
---------------------------------------------------------------------------
    \199\ Sec. 102(g)(1)(A) of Public Law 95-424 (92 Stat. 942) 
repealed secs. 215, 216, 217, 218, 220, and 220A.
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    Sec. 216.\199\ Voluntary Agencies. * * * [Repealed--1978]
    Sec. 217.\199\ Used Equipment. * * * [Repealed--1978]
    Sec. 218.\199\ Fish and Other Protein Concentrates. * * * 
[Repealed--1978]
    Sec. 219.\200\ Prototype Desalting Plant.--(a) In 
furtherance of purposes of this part and for the purpose of 
improving existing, and developing and advancing new technology 
and experience in the design, construction, and operation of 
large-scale desalting plants of advanced concepts which will 
contribute materially to low-cost desalination in all 
countries, including the United States, the President, if he 
determines it to be feasible, is authorized to participate in 
the development of a large-scale water treatment and desalting 
prototype plant and necessary appurtenances to be constructed 
in Israel as an integral part of a dual-purpose power 
generating and desalting project. Such participation shall 
include financial, technical, and such other assistance as the 
President deems appropriate to provide for the study, design, 
construction, and, for a limited demonstration period of not to 
exceed five years, operation and maintenance of the water 
treatment and desalting facilities of the dual-purpose project.
---------------------------------------------------------------------------
    \200\ 22 U.S.C. 2179. Sec. 104 of the FA Act of 1969 (Public Law 
91-175; 83 Stat. 806) added sec. 219.
---------------------------------------------------------------------------
    (b) Any agreement entered into under subsection (a) of this 
section shall include such terms and conditions as the 
President deems appropriate to insure, among other things, that 
all information, products, uses, processes, patents, and other 
developments obtained or utilized in the development of this 
prototype plant will be available without further cost to the 
United States for the use and benefit of the United States 
throughout the world, and to insure that the United States, its 
officers and employees have a permanent right to review data 
and have access to such plant for the purpose of observing its 
operations and improving science and technology in the field of 
desalination.
    (c) In carrying out the provisions of this section, the 
President may enter into contracts with public or private 
agencies and with any person without regard to sections 3648 
and 3709 of the Revised Statutes of the United States (31 
U.S.C. 529 and 41 U.S.C. 5).
    (d) Nothing in this section shall be construed as intending 
to deprive the owner of any background patent or any right 
which such owner may have under that patent.
    (e) In carrying out the provisions of this section, the 
President may utilize the personnel, services, and facilities 
of any Federal agency.
    (f) The United States costs, other than its administrative 
costs, for the study, design, construction, and operation of a 
prototype plant under this section shall not exceed either 50 
per centum of the total capital costs of the facilities 
associated with the production of water, and 50 per centum of 
the operation and maintenance costs for the demonstration 
period, or $20,000,000, whichever is less. There are authorized 
to be appropriated, subject to the limitations of this 
subsection, such sums as may be necessary to carry out the 
provisions of this section, including administrative costs 
thereof. Such sums are authorized to remain available until 
expended.
    (g) No funds appropriated for the Office of Saline Water 
pursuant to the appropriation authorized by the Act of July 11, 
1969 (83 Stat. 45, Public Law 91-43), or prior authorization 
Acts, shall be used to carry out the purposes of this section.
    Sec. 220.\199\ Programs for Peaceful Communication. * * * 
[Repealed--1978]
    Sec. 220A.\199\ Suez Canal. * * * [Repealed--1978]

      Title III--Housing and Other Credit Guaranty Programs \201\

    Sec. 221.\202\ Housing Guaranties.--The Congress recognizes 
that shelter, including essential urban development services, 
is \203\ among the most fundamental of human needs. Shelter for 
most people in the developing countries consists largely of 
domestic materials assembled by local labor. While recognizing 
that most financing for such shelter \204\ must come from 
domestic resources, the Congress finds that carefully designed 
programs involving United States capital and expertise can 
increase the availability of domestic financing for improved 
shelter \204\ and related services for low-income people by 
demonstrating to local entrepreneurs and institutions that 
providing low-cost shelter \204\ can be financially viable. The 
Congress reaffirms, therefore, that the United States should 
continue to assist developing countries in marshalling 
resources for low-cost shelter.\204\ Particular attention 
should be given to programs which will support pilot projects 
for low-cost shelter or which will have a maximum demonstration 
impact on local institutions and national policy. The Congress 
declares that the long run goal of all such programs should be 
to develop domestic construction capabilities and to stimulate 
local credit institutions to make available domestic capital 
and other management and technological resources required for 
effective low-cost shelter programs and policies.
---------------------------------------------------------------------------
    \201\ Sec. 105 of the FA Act of 1969 (Public Law 91-175) added 
title III. Sec. 8(a)(1) of the FA Act of 1974 (Public Law 93-559) 
struck out ``Housing Guaranties'' and inserted in lieu thereof 
``Housing and Other Credit Guaranty Programs''.
    \202\ 22 U.S.C. 2181. Sec. 221, which was added by the FA Act of 
1969, was amended and restated by sec. 115(a) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 950).
    \203\ Sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903) struck out ``requirements are'' and inserted 
in lieu thereof ``including essential urban development services, is''.
    \204\ Sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903) struck out ``housing'' and inserted in lieu 
thereof ``shelter''.
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    Sec. 222.\205\ Authorization.--(a) To carry out the policy 
of section 221, the President is authorized to issue guaranties 
to eligible investors (as defined in section 238(c)) assuring 
against losses incurred in connection with loans made for 
projects meeting the criteria set forth in section 221. The 
total principal amount of guaranties issued under this title or 
heretofore issued under prior housing guaranty authorities, 
which are outstanding at any one time, shall not exceed 
$2,558,000,000.\206\ The authority of this section shall 
continue through September 30, 1992.\207\ The President may 
issue regulations from time to time with regard to the terms 
and conditions upon which such guaranties shall be issued and 
the eligibility of lenders.
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    \205\ 22 U.S.C. 2182. Sec. 222, which was added by the FA Act of 
1969 and had concerned housing projects in Latin American countries, 
was amended and restated by sec. 115(a) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 950).
    \206\ This figure was increased from $2,158,000,000 by title II, 
chapter III, of the Dire Emergency Supplemental Appropriations for 1990 
(Public Law 101-302; 104 Stat. 224). This figure was previously 
increased from $1,958,000,000 by sec. 313(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 190); and from $1,718,000,000 by sec. 541(a) of the Foreign 
Assistance Appropriations Act, 1985, as contained in the Continuing 
Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
Previously, the amount was raised from $1,555,000,000 to $1,718,000,000 
by sec. 310(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) and from 
$1,180,000,000 to $1,155,000,000 by sec. 112(a)(1) of Public Law 96-53 
(93 Stat. 363).
    Congress did not enact an authorization for fiscal year 2009. 
Instead, the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 109-102), 
waives the requirements for authorization and title III of that Act 
(123 Stat. 845) provides the following:
---------------------------------------------------------------------------

``development credit authority

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading `Assistance 
for Europe, Eurasia and Central Asia': Provided, That funds provided 
under this paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made available 
only for micro and small enterprise programs, urban programs, and other 
programs which further the purposes of part I of such Act: Provided 
further, That such costs, including the cost of modifying such direct 
and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading: Provided further, That these funds are available to 
subsidize total loan principal, any portion of which is to be 
guaranteed, of up to $700,000,000.
    ``In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to, and merged with, 
funds made available under the heading `Operating Expenses' in title II 
of this Act: Provided, That funds made available under this heading 
shall remain available until September 30, 2011.''.
    Sec. 306 of H.R. 1486, as reported by the Committee on 
International Relations, May 9, 1997 (H.Rept. 105-94), sought to amend 
the Foreign Assistance Act of 1961 by adding a new sec. 107A to 
establish the President's authority to use development credit authority 
where recipients would otherwise not have access to such credit and 
that credit would be in keeping with U.S. development purposes. For 
text, see note at sec. 256 (redesignated from sec. 108) of this Act.
    See also in the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 876), sec. 7033, relating to special debt relief for 
the poorest.
    \207\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced on 
November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public 
Law 106-113; 113 Stat. 1535), under the heading ``Urban and 
Environmental Credit Program Account'', waived the second and third 
sentences of this subsec. for fiscal year 2000, which in effect lifted 
the ceiling on the outstanding principal amount of guaranties, and 
continued the authority contained in the section.
    Previously, the authority of this section was extended to September 
30, 1992, from September 30, 1991, by title II of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1991 (Public Law 101-513; 104 Stat. 1989). Previously the authority was 
extended from September 30, 1990, by title II of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990 (Public Law 101-167; 103 Stat. 1205); from September 30, 1989, by 
title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing 
Appropriations for 1988, Public Law 100-202; 101 Stat. 1329); from 
September 30, 1986, by sec. 313(b) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190); 
and from September 30, 1984, by sec. 541(a) of the Foreign Assistance 
Appropriations Act, 1985 as contained in the Continuing Appropriations 
Act, 1985 (Public Law 98-473; 98 Stat. 1903). This authority had been 
extended previously from September 30, 1982, by sec. 310(a) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1535); and from September 30, 1980, by sec. 
112(a)(2) of Public Law 96-53 (93 Stat. 364).
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    (b) Activities carried out under this section shall 
emphasize--
          (1) projects which provide improved home sites to 
        poor families on which to build shelter, and related 
        services;
          (2) projects comprised of expandable core shelter 
        units on serviced sites;
          (3) slum upgrading projects designed to conserve and 
        improve existing shelter;
          (4) shelter projects for low income people designed 
        for demonstration or institution building purposes; and
          (5) community facilities and services in support of 
        projects authorized under this section to improve the 
        shelter occupied by the poor.
    (c) In issuing guaranties under this section with respect 
to projects in a country which require the use or conservation 
of energy, the President shall give consideration to the use of 
solar energy technologies, where such technologies are 
economically and technically feasible. Technologies which may 
be used include solar hot water systems, solar heating and 
cooling, passive solar heating, biomass conversion, 
photovoltaic and wind applications, and community-scale solar 
thermal applications.
    (k) \208\ The total principal amount of guaranties issued 
under this section for each of the fiscal years 1986 and 1987 
shall be comparable to the total principal amount of such 
guaranties issued for fiscal year 1984, subject to the dollar 
limitations on the issuance of guaranties under this section 
which are contained in subsection (a) and in appropriation 
Acts.
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    \208\ Sec. 313(c) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec. 
(k). This subsection should probably be designated ``(d)''.
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    Sec. 222A.\209\ Agricultural and Productive Credit and 
Self-Help Community Development Programs.--(a) It is the sense 
of the Congress that in order to stimulate the participation of 
the private sector in the economic development of less-
developed countries,\210\ the authority conferred by this 
section should be used to establish pilot programs \210\ to 
encourage private banks, credit institutions, similar private 
lending organizations, cooperatives, and private nonprofit 
development organizations to make loans on reasonable terms to 
organized groups and individuals residing in a community for 
the purpose of enabling such groups and individuals to carry 
out agricultural credit and self-help community development 
projects for which they are unable to obtain financial 
assistance on reasonable terms. Agricultural credit and 
assistance for self-help community development projects should 
include, but not be limited to, material and such projects as 
wells, pumps, farm machinery, improved seed, fertilizer, 
pesticides, vocational training, food industry development, 
nutrition projects, improved breeding stock for farm animals, 
sanitation facilities, and looms and other handicraft aids.
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    \209\ 22 U.S.C. 2182a. sec. 8(a)(2) of the FA Act of 1974 (Public 
Law 93-559) added sec. 222A.
    \210\ Sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903), struck out ``in Latin America'' after 
``economic development of less developed countries'' and struck out 
``in not more than six Latin American countries'' after ``establish 
pilot programs''.
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    (b) To carry out the purposes of subsection (a), the agency 
primarily responsible for administering part I is authorized to 
issue guaranties, on such terms and conditions as it shall 
determine, to private lending institutions, cooperatives, and 
private nonprofit development organizations \211\ assuring 
against loss of not to exceed 50 per centum of the portfolio of 
such loans made by any lender to organized groups or 
individuals residing in a community to enable such groups or 
individuals to carry out agricultural credit and self-help 
community development projects for which they are unable to 
obtain financial assistance on reasonable terms. In no event 
shall the liability of the United States exceed 75 per centum 
of any one loan.
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    \211\ Sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903), struck out ``in not more than five Latin 
American countries'' at this point.
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    (c) The total face amount of guaranties issued under this 
section outstanding at any one time shall not exceed 
$20,000,000.\212\ Not more than 10 per centum of such sum shall 
be provided for any one institution, cooperative, or 
organization.
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    \212\ Sec. 112(b)(2) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 364) struck out ``$15,000,000'' 
and inserted in lieu thereof ``$20,000,000''.
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    (d) \213\ The Inter-American Foundation shall be consulted 
in developing criteria for making loans eligible for guaranty 
coverage in Latin America under this section.
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    \213\ Sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
authorized the President to abolish the Inter-American Foundation and 
made conforming amendments to legislation related to the Inter-American 
Foundation to reflect the abolishment. These amendments are to be 
effective and executed only after the Director of the Office of 
Management and Budget transmits to Congress a certification that 
responsibilities delegated to the Director, primarily that of 
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
    That certification and subsequent administration have not yet been 
executed. Upon execution of these requirements, sec. 586(h)(3) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike out 
subsec. (d).
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    (e) Not to exceed $3,000,000 of the guaranty reserve 
established under section 223(b) shall be available to make 
such payments as may be necessary to discharge liabilities 
under guaranties issued under this section or any guaranties 
previously issued under section 240 of this Act.
    (f) Funds held by the Overseas Private Investment 
Corporation pursuant to section 236 may be available for 
meeting necessary administrative and operating expenses for 
carrying out the provisions of this section through June 30, 
1976.
    (g) The Overseas Private Investment Corporation shall, upon 
enactment of this subsection, transfer to the agency primarily 
responsible for administering part I all obligations, assets, 
and related rights and responsibilities arising out of, or 
related to the predecessor program provided for in section 240 
of this Act.
    (h) The authority of this section shall continue through 
September 30, 1988.\214\
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    \214\ This authority was extended from September 30, 1986, to 
September 30, 1988, by sec. 313 (d) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
This authority was previously extended from September 30, 1983 to 
September 30, 1986, by sec. 541(a) of the Foreign Assistance 
Appropriations Act, 1985 (Public Law 98-473). Such authority had 
previously been extended from December 31, 1977 to September 30, 1978, 
by Public Law 95-88 (91 Stat. 540), from September 30, 1978 to 
September 30, 1979, by Public Law 95-424 (92 Stat. 951), from September 
30, 1979 to September 30, 1982, by Public Law 96-53 (93 Stat. 364), and 
from September 30, 1982 to September 30, 1983, by Public Law 97-438 (96 
Stat. 2286).
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    (i) Notwithstanding the limitations in subsection (c) of 
this section, foreign currencies owned by the United States and 
determined by the Secretary of the Treasury to be excess to the 
needs of the United States may be utilized to carry out the 
purposes of this section, including the discharge of 
liabilities under this subsection. The authority conferred by 
this subsection shall be in addition to authority conferred by 
any other provision of law to implement guaranty programs 
utilizing excess local currency.\215\
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    \215\ Sec. 502(d)(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed 
subsec. (j), which concerned a one-time reporting requirement.
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    Sec. 223.\216\ General Provisions.--(a) A fee shall be 
charged for each guaranty issued under section 222 or 222A 
\217\ in an amount to be determined by the President. In the 
event the fee to be charged for such type guaranty is reduced, 
fees to be paid under existing contracts for the same type of 
guaranty may be similarly reduced.
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    \216\ 22 U.S.C. 2183. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 223.
    \217\ Sec. 8(a)(3) of the FA Act of 1974 inserted ``section 221, 
222, or 222A'' in lieu of ``section 221 or section 222''. Subsequently, 
sec. 115 of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 951) struck out the reference to sec. 
221.
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    (b) The amount of $50,000,000 of fees accumulated under 
prior investment guaranty provisions repealed by the Foreign 
Assistance Act of 1969, together with all fees collected in 
connection with guaranties issued under section 222 \218\ or 
under prior housing guaranty authorities,\219\ shall be 
available for meeting necessary administrative and operating 
expenses of carrying out the provisions of section 222 and 
administering housing guaranties heretofore authorized under 
this title and under \220\ prior housing guaranty provisions 
repealed by the Foreign Assistance Act of 1969 (including, but 
not limited to expenses pertaining to personnel, supplies, and 
printing), subject to such limitations as may be imposed in 
annual appropriation Acts; for meeting management and custodial 
costs incurred with respect to currencies or other assets 
acquired under guaranties made pursuant to section 222 \218\ or 
heretofore pursuant to this title or \221\ prior Latin American 
and other housing guaranty authorities repealed by the Foreign 
Assistance Act of 1969; and to pay the cost of investigating 
and adjusting (including cost of arbitration) claims under such 
guaranties; and shall be available for expenditure in discharge 
of liabilities under such guaranties until such time as all 
such property has been disposed of and all such liabilities 
have been discharged or have expired, or until all such fees 
have been expended in accordance with the provisions of this 
subsection. Fees collected in connection with guaranties issued 
under section 222A shall likewise be available to meet similar 
expenses, costs, or liabilities incurred in connection with the 
programs authorized by that section.\222\ All of the foregoing 
fees referred to in this section together with earnings thereon 
and other income arising from guaranty operations under this 
title shall be held in a revolving fund account maintained in 
the Treasury of the United States. All funds in such account 
may be invested in obligations of the United States. Any 
interest or other receipts derived from such investments shall 
be credited to such account and may be used for the purposes 
cited in this section.\223\
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    \218\ Sec. 8(a)(3) of the Foreign Assistance Act of 1974 (Public 
Law 93-559) struck out ``this title'' and inserted in lieu thereof 
``section 221 or section 222''. Sec. 115(d) of International 
Development and Food Assistance Act (Public Law 95-424; 92 Stat. 945) 
struck out reference to sec. 221.
    \219\ Sec. 117(b)(2)(A) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) struck out 
``hereunder'' and inserted in lieu thereof ``under section 221 or 222 
or under prior housing guaranty authorities''.
    \220\ Sec. 115(d)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) struck out 
``221 and section 222 of'' and inserted in lieu thereof ``222 and 
administering housing guaranties heretofore authorized under this title 
and under''.
    \221\ Sec. 115(d)(4) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) inserted 
``this title or''.
    \222\ Sec. 117(b)(2) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) added this 
sentence.
    \223\ Sec. 310(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added the 
final three sentences of subsec. (b).
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    (c) Any payments made to discharge liabilities under 
guaranties issued under this title or \224\ section 222 or 
heretofore under prior Latin American or other housing guaranty 
authorities repealed by the Foreign Assistance Act of 1969, 
shall be paid first out of fees referred to in subsection (b) 
(excluding amounts required for purposes other than the 
discharge of liabilities under guaranties) as long as such fees 
are available, and thereafter shall be paid out of funds, if 
any, realized from the sale of currencies or other assets 
acquired in connection with any payment made to discharge 
liabilities under such guaranties as long as funds are 
available, and finally out of funds hereafter made available 
pursuant to subsection (e).
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    \224\ Sec. 115(e) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) struck out 
``section 221 or'' and inserted in lieu thereof ``under this title 
or''.
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    (d) All guaranties issued under section 222 or 222A or 
previously under section 240 of this Act \225\ or heretofore 
under this title or \226\ under prior Latin American or other 
housing guaranty authority repealed by the Foreign Assistance 
Act of 1969 shall constitute obligations, in accordance with 
the terms of such guaranties of the United States of America 
and the full faith and credit of the United States of America 
is hereby pledged for the full payment and performance of such 
obligations.
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    \225\ Sec. 8(a)(5) of the FA Act of 1974 (Public Law 93-559) struck 
out ``section 221 or section 222'' and inserted in lieu thereof 
``section 221, 222, 222A, or previously under section 240 of this 
Act''. Subsequently, sec. 115(f) of Public Law 95-424 struck out the 
reference to sec. 221.
    \226\ Sec. 115(f)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) inserted 
``under this title or''.
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    (e)(1) \227\ There is hereby authorized to be appropriated 
to the President such amounts, to remain available until 
expended, as may be necessary from time to time to carry out 
the purposes of this title.
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    \227\ Sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903), added para. designation ``(1)'' and new 
para. (2).
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    (2) \227\ (A) In order to meet obligations incurred for the 
payment of claims pursuant to loan guaranties described in 
subsection (d), the Administrator of the agency primarily 
responsible for administering part I may, to the extent that 
reserves are not sufficient, borrow from time to time from the 
Treasury except that--
          (i) the Administrator may exercise the authority to 
        borrow under this paragraph only to such extent or in 
        such amounts as are provided in advance in 
        appropriation Acts; and
          (ii) the amount borrowed under this paragraph which 
        is outstanding at any one time may not exceed 
        $100,000,000.\228\
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    \228\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1988 (sec. 101(e) of the 
Continuing Appropriations for 1988, Public Law 100-202; 101 Stat. 
1329), struck out ``$40,000,000'' and inserted in lieu thereof 
``$100,000,000''.
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    (B) Any such borrowing shall bear interest at a rate 
determined by the Secretary of the Treasury, taking into 
account the current average market yield on outstanding 
marketable obligations of the United States of comparable 
maturities. The Secretary of the Treasury shall make loans 
under this paragraph and for such purpose may borrow on the 
credit of the United States in accordance with subchapter I of 
chapter 31 of title 31 of the United States Code.
    (f) In the case of any loan investment guaranteed under 
section \229\ 222, the agency primarily responsible for 
administering part I shall prescribe the maximum rate of 
interest allowable to the eligible investor, which maximum rate 
shall not exceed by more than 1 per centum the then current 
rate of interest applicable to housing mortgages insured by the 
Department of Housing and Urban Development.\230\ The maximum 
allowable rate of interest under this subsection shall be 
prescribed by the agency as of the date the project covered by 
the investment is officially authorized and, prior to the 
execution of the contract, the agency may amend such rate at 
its discretion, consistent with the provisions of subsection 
(f).
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    \229\ Sec. 115(g) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424) struck out ``221 or''.
    \230\ Sec. 112(c) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 364) struck out language that 
specified that the maximum rate of interest should not be less than 
one-half of 1 per centum above the then current rate of interest 
applicable to housing mortgages insured by HUD.
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    (g) Housing guaranties committed, authorized, or 
outstanding heretofore under this title or \231\ under prior 
housing guaranty authorities repealed by the Foreign Assistance 
Act of 1969 shall continue subject to provisions of law 
originally applicable thereto and fees collected hereafter with 
respect to such guaranties shall be available for the purposes 
specified in subsection (b).
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    \231\ Sec. 115(h) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) added 
``heretofore under this title or''.
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    (h) No payment may be made under any guaranty issued 
pursuant to this title for any loss arising out of fraud or 
misrepresentation for which the party seeking payment is 
responsible.
    (i) \232\ * * * [Repealed--1978]
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    \232\ Sec. 115(i) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 952) repealed 
subsec. (i), which had authorized sections 221 and 222 to continue in 
force until September 30, 1979.
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    (j) \233\ Guaranties shall be issued under section 222 
\218\ only for housing projects which are coordinated with and 
complementary to any development assistance being furnished 
under chapter 1 of this part and which \234\ are specifically 
designed to demonstrate the feasibility and suitability of 
particular kinds of housing or of financial or other 
institutional arrangements. Of the aggregate face value of 
housing guaranties hereafter issued under this title, not less 
than 90 per centum shall be issued for housing suitable for 
families with income below the median income (below the median 
urban income for housing in urban areas) in the country in 
which the housing is located.\235\
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    \233\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added 
subsection (j).
    \234\ Sec. 112(d)(1) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 364) struck out ``(1) except 
for regional projects are in countries which are receiving, or which in 
the previous two fiscal years have received, development assistance 
under chapter 1 of part I of this Act, (2) are coordinated with and 
complementary to such assistance, and (3)'' and inserted in lieu 
thereof ``are coordinated with and complementary to any development 
assistance being furnished under chapter 1 of this part and which''.
    \235\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of 
Public Law 105-277; 112 Stat. 2681) struck out the third and fourth 
sentences of subsec. (j). The fourth sentence had previously been 
amended and restated by sec. 112(d)(2) of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364). The two 
stricken sentences, as amended, had read as follows:
    ``The face value of guaranties issued with respect to housing in 
any country shall not exceed $25,000,000 in any fiscal year, and the 
average face value of guaranties issued in any fiscal year shall not 
exceed $15,000,000. Of the total amount of housing guaranties 
authorized to be issued under section 222 through September 30, 1982, 
not less than a face amount of $25,000,000 shall be issued for projects 
in Israel and not less than a face amount of $25,000,000 shall be 
issued for projects in Egypt.''.
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    Sec. 224.\236\ Trade Credit Insurance Program for Central 
America.--(a) In order to enable the Export-Import Bank of the 
United States (hereafter in this section referred to as the 
``Bank'') to determine that there exists reasonable assurance 
of repayment as required under section 2(b)(1)(B) of the 
Export-Import Bank Act of 1945,\237\ the agency primarily 
responsible for administering part I of this Act (hereafter in 
this section referred to as the ``Agency'') is authorized to 
provide guarantees to the Bank for liabilities to be incurred 
by the Bank in connection with guarantees or insurance provided 
under the Export-Import Bank Act of 1945 for financing for 
transactions involving the export of goods and services for the 
use of the private sector in Central American countries.
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    \236\ 22 U.S.C. 2184. Sec. 541(a) of the Foreign Assistance 
Appropriations Act, 1985, as contained in the Continuing Appropriations 
Act, 1985 (Public Law 98-473; 98 Stat. 1903), added sec. 224. Reference 
in the section title to Central America was added by the Support for 
East European Democracy (SEED) Act of 1989 (Public Law 101-179; 103 
Stat. 1313).
    \237\ For text, see Legislation on Foreign Relations Through 2008, 
vol. III.
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    (b)(1) Guarantees provided by the Agency pursuant to the 
authority of subsection (a) shall be for short-term guarantees 
and insurance extended by the Bank which shall be repayable 
within a period not to exceed one year from the date of arrival 
at the port of importation of the goods and services covered by 
such guarantees or insurance. Guarantees or insurance extended 
by the Bank and guaranteed by the Agency pursuant to subsection 
(a) shall be provided by the Bank in accordance with criteria 
and procedures agreed to by the Agency and the Bank. Such 
agreement shall also provide for the establishment of a reserve 
fund by the Agency, with such funds made available to the 
reserve as the Agency deems necessary to discharge liabilities 
under guarantees provided by the Agency pursuant to subsection 
(a).
    (2) The administrator of such agency shall transmit a copy 
of such agreement to the Speaker of the House of 
Representatives and to the Committee on Foreign Relations and 
the Committee on Banking, Housing, and Urban Affairs of the 
Senate.
    (c) The Agency shall not enter into any commitments to 
guarantee under subsection (a) after September 30, 1991.\238\
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    \238\ Title IV of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2001), struck out ``September 30, 1990'' and inserted in lieu 
thereof ``September 30, 1991''.
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    (d) Of the funds authorized to be appropriated for chapter 
4 of part II of this Act, there are authorized to be made 
available such sums as may be deemed necessary by the Agency to 
discharge liabilities under guarantees entered into under 
subsection (a).
    (e) Commitments to guarantee under subsection (a) are 
authorized only to the extent and in the amounts provided in 
appropriations Acts, except that the aggregate amount of 
outstanding commitments under subsection (a) may not exceed 
$300,000,000 of contingent liability for loan principal during 
fiscal year 1986 and may not exceed $400,000,000 of contingent 
liability for loan principal during fiscal year 1987.\239\
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    \239\ Sec. 314 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83) struck out ``not to exceed 
$300,000,000 in the fiscal year 1985.'' and inserted in lieu thereof 
the text to this point beginning with the word ``Acts,''.
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    (f) To the extent that any of the funds made available 
pursuant to subsection (d) are paid out for a claim arising out 
of liabilities guaranteed under subsection (a), amounts 
received after the date of such payment, with respect to such 
claim, shall be credited to the reserve fund referred to in 
subsection (b), shall be merged with the funds in such reserve, 
and shall be available for the purpose of payments by the 
Agency to the Bank for guarantees under subsection (a).
    (g) Beginning on a date six months after the date of 
enactment of this section, and at intervals of six months 
thereafter, the administrator of the agency primarily 
responsible for administering part I of this Act and the 
President of the Export-Import Bank of the United States shall 
prepare and transmit to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a report on the amount and extension of 
credits during the preceding six-month period.
    (h) The Export-Import Bank shall provide without 
reimbursement such administrative and technical assistance to 
the Agency as the Bank and the Agency deem appropriate to 
assist the Agency in carrying out this section.
    Sec. 225.\240\ Trade Credit Insurance Program for Poland.
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    \240\ 22 U.S.C. 2185. Sec. 304 of the Support for East European 
Democracy (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1312) added 
sec. 225.
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  (a) General Authority.--
          (1) Assurance to export-import bank of repayment.--
        The President is authorized to provide guarantees to 
        the Bank for liabilities described in paragraph (2) in 
        order to satisfy the requirement of section 2(b)(1)(B) 
        of the Export-Import Bank Act of 1945 (12 U.S.C. 
        635(b)(1)(B)) that the Bank have reasonable assurance 
        of repayment.
          (2) Liabilities which may be guaranteed.--The 
        liabilities that may be guaranteed under paragraph (1) 
        are liabilities incurred by the Bank in connection with 
        guarantees or insurance provided under the Export-
        Import Bank Act of 1945 for financing for transactions 
        involving the export of goods and services for the use 
        of the private sector in Poland.
  (b) Guarantees Available Only for Short-Term Guarantees and 
Insurance.--Guarantees provided under subsection (a) shall be 
for short-term guarantees and insurance extended by the Bank 
which shall be repayable within a period not to exceed one year 
from the date of arrival at the port of importation of the 
goods and services covered by such guarantees or insurance.
  (c) Agreement on Criteria and Procedures.--Guarantees or 
insurance extended by the Bank and guaranteed pursuant to 
subsection (a) shall be provided by the Bank in accordance with 
criteria and procedures agreed to by the Administrator and the 
Bank.
  (d) Reserve Fund.--The agreement referred to in subsection 
(c) shall also provide for the establishment of a reserve fund 
by the administering agency, with such funds made available to 
the reserve as the Administrator deems necessary to discharge 
liabilities under guarantees provided under subsection (a).
  (e) Discharge of Liabilities.--
          (1) Funds which may be used.--Such amounts of the 
        funds made available to carry out chapter 4 of part II 
        of this Act (relating to the economic support fund) as 
        the President determines are necessary may be made 
        available to discharge liabilities under guarantees 
        entered into under subsection (a).
          (2) Crediting of subsequent payments.--To the extent 
        that any of the funds made available pursuant to 
        paragraph (1) are paid out for a claim arising out of 
        liabilities guaranteed under subsection (a), amounts 
        received after the date of such payment, with respect 
        to such claim, shall be credited to the reserve fund 
        established pursuant to subsection (d), shall be merged 
        with the funds in such reserve, and shall be available 
        for the purpose of payments by the Administrator to the 
        Bank for guarantees under subsection (a).
  (f) Appropriations Action Required.--Commitments to guarantee 
under subsection (a) are authorized only to the extent and in 
the amounts provided in advance in appropriations Acts.
  (g) Limitation on Outstanding Commitments.--The aggregate 
amount of outstanding commitments under subsection (a) may not 
exceed $200,000,000 of contingent liability for loan principal 
during any fiscal year.
  (h) Biannual Reports to Congress.--Every 6 months, the 
Administrator and the President of the Bank shall prepare and 
transmit to the Speaker of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate a 
report on the amount and extension of guarantees and insurance 
provided by the Bank and guaranteed under this section during 
the preceding 6-month period.
  (i) Administrative and Technical Assistance.--The Bank shall 
provide, without reimbursement, such administrative and 
technical assistance to the administering agency as the Bank 
and the Administrator determine appropriate to assist the 
administering agency in carrying out this section.
  (j) Fees and Premiums.--The Bank is authorized to charge fees 
and premiums, in connection with guarantees or insurance 
guaranteed by the administering agency under subsection (a), 
that are commensurate (in the judgment of the Bank) with the 
Bank's administrative costs and the risks covered by the 
agency's guarantees. Any amounts received by the Bank in excess 
of the estimated costs incurred by the Bank in administering 
such guarantees or insurance--
          (1) shall be credited to the reserve fund established 
        pursuant to subsection (d),
          (2) shall be merged with the funds in such reserve, 
        and
          (3) shall be available for the purpose of payments by 
        the administering agency to the Bank for guarantees 
        under subsection (a).
  (k) Restrictions Not Applicable.--Prohibitions on the use of 
foreign assistance funds for assistance for Poland shall not 
apply with respect to the funds made available to carry out 
this section.
  (l) Expiration of Authority.--The President may not enter 
into any commitments to guarantee under subsection (a) after 
September 30, 1992.
  (m) Definitions.--For purposes of this section--
          (1) the term ``administering agency'' means the 
        Agency for International Development;
          (2) the term ``Administrator'' means the 
        Administrator of the Agency for International 
        Development; and
          (3) the term ``Bank'' means the Export-Import Bank of 
        the United States.

SEC. 226.\241\ LOAN GUARANTEES TO ISRAEL PROGRAM.

    (a) In General.--Subject to the terms and conditions of 
this section, during the period beginning October 1, 1992, and 
ending September 30, 1997, the President is authorized to issue 
guarantees against losses incurred in connection with loans to 
Israel made as a result of Israel's extraordinary humanitarian 
effort to resettle and absorb immigrants into Israel from the 
republics of the former Soviet Union, Ethiopia and other 
countries. In the event that less than the full amount 
authorized to be issued under subsection (b) of this section is 
issued in such period, the authority to issue the balance of 
such guarantees shall be available in the fiscal year ending on 
September 30, 1998.
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    \241\ 22 U.S.C. 2186. Sec. 601 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1993 (Public Law 
102-391; 106 Stat. 1699), added sec. 226.
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    (b) \242\ Fiscal Year Levels.--The President is authorized 
to issue guarantees in furtherance of the purposes of this 
section. Subject to subsection (d), the total principal amount 
of guarantees which may be issued by the President under this 
section shall be up to $10,000,000,000 which may be issued as 
follows:
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    \242\ In past years, the President has determined, pursuant to sec. 
226(d), that amounts authorized under this section for loan guarantees 
be reduced. See Presidential Determination No. 93-44 of September 30, 
1993 (58 F.R. 52209); Presidential Determination No. 94-57 of September 
30, 1994 (59 F.R. 52057); Presidential Determination No. 95-46 of 
September 29, 1995 (60 F.R. 53087).
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          (1) in fiscal year 1993, up to $2,000,000,000 may be 
        issued on October 1, 1992 or thereafter;
          (2) subject to subsection (d), in fiscal years 1994 
        through 1997, up to $2,000,000,000 in each fiscal year 
        may be issued on October 1 or thereafter.
          (3) If less than the full amount of guarantees 
        authorized to be made available in a fiscal year 
        pursuant to paragraphs (1) and (2) of this subsection 
        is issued to Israel during that fiscal year, the 
        authority to issue the balance of such guarantees shall 
        extend to any subsequent fiscal year ending on or 
        before September 30, 1998.
          (4)(A) Not later than September 1 of each year during 
        the period in which the President is authorized to 
        issue loan guarantees under subsection (a), beginning 
        in fiscal year 1993, the President shall notify the 
        appropriate congressional committees in writing of his 
        intentions regarding the exercise of that authority for 
        the fiscal year beginning on October 1 of that year, 
        including a statement of the total principal amount of 
        guarantees, if any, that the President proposes to 
        issue for that fiscal year.
          (B) For purposes of this paragraph, the term 
        ``appropriate congressional committees'' means the 
        Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on Foreign Affairs 
        \243\ of the House of Representatives.
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    \243\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (c) Use of Guarantees.--Guarantees may be issued under this 
section only to support activities in the geographic areas 
which were subject to the administration of the Government of 
Israel before June 5, 1967.
    (d) \242\ Limitation on Guarantee Amount.--The amount of 
authorized but unissued guarantees that the President is 
authorized to issue as specified in subsection (b) shall be 
reduced by an amount equal to the amount extended or estimated 
to have been extended by the Government of Israel during the 
previous year for activities which the President determines are 
inconsistent with the objectives of this section or 
understandings reached between the United States Government and 
the Government of Israel regarding the implementation of the 
loan program. The President shall submit a report to Congress 
no later than September 30 of each fiscal year during the 
pendency of the program specifying the amount calculated under 
this subsection and that will be deducted from the amount of 
guarantees authorized to be issued in the next fiscal year.
    (e) Fees.--
          (1) Fees charged for the loan guarantee program under 
        this section each year shall be an aggregate annual 
        origination fee equal to the estimated subsidy cost of 
        the guarantees issued under this section for that year, 
        calculated by the Office of Management and Budget for 
        the Federal Credit Reform Act of 1990. This shall also 
        include an amount for the administrative expenses of 
        the Agency for International Development in 
        administering the program under this section. All such 
        fees shall be paid by the Government of Israel to the 
        Government of the United States. Funds made available 
        for Israel under chapter 4 of Part II of the Foreign 
        Assistance Act of 1961, as amended, may be utilized by 
        the Government of Israel to pay such fees to the United 
        States Government. No further appropriations of subsidy 
        cost are needed for the loan guarantee authorized 
        hereunder for fiscal year 1993 and the four succeeding 
        fiscal years.
          (2) The origination fee shall be payable to the 
        United States Government on a pro rata basis as each 
        guarantee for each loan or increment is issued.
    (f) Authority To Suspend.--Except as provided in 
subsections (l) and (m) of this section, the President shall 
determine the terms and conditions for issuing guarantees. If 
the President determines that these terms and conditions have 
been breached, the President may suspend or terminate the 
provision of all or part of the additional loan guarantees not 
yet issued under this section. Upon making such a determination 
to suspend or terminate the provision of loan guarantees, the 
President shall submit to the Speaker of the House of 
Representatives and the President Pro Tempore of the Senate his 
determination to do so, including the basis for such suspension 
or termination.
    (g) Procedures for Suspension or Termination.--Any 
suspension or termination pursuant to subsection (f) shall be 
in accordance with the following procedures:
          (1) Upon making a determination to suspend or 
        terminate the provision of loan guarantees, the 
        President shall submit to the Speaker of the House of 
        Representatives and the President Pro Tempore of the 
        Senate his determination to do so, including the basis 
        for such suspension or termination.
          (2) Such a suspension or termination shall cease to 
        be effective if Congress enacts, within 30 days of 
        submission, a joint resolution authorizing the 
        assistance notwithstanding the suspension.
          (3) Any such joint resolution shall be considered in 
        the Senate in accordance with the provisions of section 
        601(b) of the International Security Assistance and 
        Arms Export Control Act of 1976.
          (4) For the purpose of expediting the consideration 
        and enactment of joint resolutions under this 
        subsection, a motion to proceed to the consideration of 
        any such joint resolution after it has been reported by 
        the appropriate committee shall be treated as highly 
        privileged in the House of Representatives.
          (5) In the event that the President suspends the 
        provision of additional loan guarantees under 
        subsection (f) and Congress does not enact a joint 
        resolution pursuant to this subsection, the provision 
        of additional loan guarantees under the program 
        established by this section may be resumed only if the 
        President determines and so reports to Congress that 
        the reasons for the suspension have been resolved or 
        that the resumption is otherwise in the national 
        interest.
  (h) Economic Context.--The effective absorption of immigrants 
into Israel from the republics of the former Soviet Union and 
Ethiopia within the private sector requires large investment 
and economic restructuring to promote market efficiency and 
thereby contribute to productive employment and sustainable 
growth. Congress recognizes that the Government of Israel is 
developing an economic strategy designed to achieve these 
goals, and that the Government of Israel intends to adopt a 
comprehensive, multi-year economic strategy based on prudent 
macroeconomic policies and structural reforms. Congress also 
recognizes that these policies are being designed to reduce 
direct involvement of the government in the economic system and 
to promote private enterprise, important prerequisites for 
economic stability and sustainable growth.
  (i) Consultations.--It is the sense of the Congress that, as 
agreed between the two Governments and in order to further the 
policies specified in subsection (h), Israel and the United 
States should continue to engage in consultations concerning 
economic and financial measures, including structural and other 
reforms, that Israel should undertake during the pendency of 
this program to enable its economy to absorb and resettle 
immigrants and to accommodate the increased debt burden that 
will result from loans guaranteed pursuant to this section. It 
is the sense of the Congress that these consultations on 
economic measures should address progress and plans in the 
areas of budget policies, privatization, trade liberalization, 
financial and capital markets, labor markets, competition 
policy, and deregulation.
  (j) Goods and Services.--During the pendency of the loan 
program authorized under this section, it is anticipated that, 
in the context of the economic reforms undertaken pursuant to 
subsections (h) and (i) of this section, Israel's increased 
population due to its absorption of immigrants, and the 
liberalization by the Government of Israel of its trade policy 
with the United States, the amount of United States investment 
goods and services purchased for use in or with respect to the 
country of Israel will substantially increase.
  (k) Reports.--The President shall report to Congress by 
December 31 of each fiscal year until December 31, 1999, 
regarding the implementation of this section.
    (l) Applicability of Foreign Assistance Act Authorities.--
Section 223 of the Foreign Assistance Act shall apply to 
guarantees issued under subsection (a) in the same manner as 
such section applies to guarantees issued under section 222, 
except that subsections (a), (e)(1), (g), and (j) of section 
223 shall not apply to such guarantees and except that, to the 
extent section 223 is inconsistent with the Federal Credit 
Reform Act of 1990, that Act shall apply. Loans shall be 
guaranteed under this section without regard to sections 221, 
222, and 238(c). Notwithstanding section 223(f), the interest 
rate for loans guaranteed under this section may include a 
reasonable fee to cover the costs and fees incurred by the 
borrower in connection with this program or financing under 
this section in the event the borrower elects not to finance 
such costs or fees out of loan principal. Guarantees once 
issued hereunder shall be unconditional and fully and freely 
transferable.
    (m) Terms and Conditions.--
          (1) Each loan guarantee issued under this section 
        shall guarantee 100 percent of the principal and 
        interest payable on such loans.
          (2) The standard terms of any loan or increment 
        guaranteed under this section shall be 30 years with 
        semiannual payments of interest only over the first 10 
        years, and with semiannual payments of principal and 
        interest on a level payment basis, over the last 20 
        years thereof, except that the guaranteed loan or any 
        increments issued in a single transaction may include 
        obligations having different maturities, interest 
        rates, and payment terms if the aggregate scheduled 
        debt service for all obligations issued in a single 
        transaction equals the debt service for a single loan 
        or increment of like amount having the standard terms 
        described in this sentence. The guarantor shall not 
        have the right to accelerate any guaranteed loan or 
        increment or to pay any amounts in respect of the 
        guarantees issued other than in accordance with the 
        original payment terms of the loan. For purposes of 
        determining the maximum principal amount of any loan or 
        increment to be guaranteed under this section, the 
        principal amount of each such loan or increment shall 
        be--
                  (A) in the case of any loan issued on a 
                discount basis, the original issue price 
                (excluding any transaction costs) thereof; or
                  (B) in the case of any loan issue on an 
                interest-bearing basis, the stated principal 
                amount thereof.

        Title IV--Overseas Private Investment Corporation \244\

    Sec. 231.\245\ Creation, Purpose and Policy.--To mobilize 
and facilitate the participation of United States private 
capital and skills in the economic and social development \246\ 
of less developed countries and areas, and countries in 
transition from nonmarket to market economies,\247\ thereby 
complementing the development assistance objectives of the 
United States, there is hereby created the Overseas Private 
Investment Corporation (hereinafter called the 
``Corporation''), which shall be an agency of the United States 
under the policy guidance of the Secretary of State.
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    \244\ Sec. 105 of the FA Act of 1969 (Public Law 91-175) added a 
new title IV. Prior to this, title IV had been titled ``Surveys of 
Investment Opportunities.'' For Executive Order concerning OPIC, see 
Legislation on Foreign Relations Through 2008, vol. I-B.
    Title IV was amended extensively by title I of S. 2757 and title I 
of H.R. 5263, both enacted by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268), as follows:
    ``Sec. 555. * * * Provided further, That title I of H.R. 5263 as 
passed by the House of Representatives on September 20, 1988, is hereby 
enacted into law: Provided further, That purchases, investments or 
other acquisitions of equity by the fund created by section 104 of H.R. 
5263 as hereby enacted are limited to such amounts as may be provided 
in advance in appropriations Acts: Provided further, That 
notwithstanding any other provision of this Act, titles I and III of S. 
2757 as reported by the Senate Committee on Foreign Relations on 
September 7, 1988, are hereby enacted into law: Provided further, That 
purchases, investments or other acquisitions of equity by the fund 
created by section 104 of S. 2757 as hereby enacted are limited to such 
amounts as may be provided in advance in appropriations Acts: * * *.''.
    Except in two instances, title I, S. 2757 and title I, H.R. 5263 
are identical. Sec. 106 in each title amended sec. 235(a)(2) of the FA 
Act of 1961. Sec. 235(a)(2) was previously amended by Public Law 100-
418, sec. 2203(b)(1)(A); H.R. 5263 took this into account. Public Law 
100-418, sec. 2203(b)(1)(B) redesignated sec. 235(a)(5) of the FA Act 
of 1961 as sec. 235(a)(6). Sec. 107 in S. 2757 and H.R. 5263 amended 
this section, but H.R. 5263 took into account the redesignation by 
Public Law 100-418. Title III of S. 2757, which addresses the 
implementation of certain USIA Exchange Visitor Programs, is in 
Legislation on Foreign Relations Through 2008, vol. II-A.
    \245\ 22 U.S.C. 2191. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 231.
    \246\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) struck out ``progress'' and inserted in lieu 
thereof ``development''.
    \247\ Sec. 101 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3651) struck out ``friendly countries and areas,'' 
and inserted in lieu thereof ``countries and areas, and countries in 
transition from nonmarket to market economies,''.
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    The \248\ Corporation, in determining whether to provide 
insurance, financing, or reinsurance for a project, shall 
especially--
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    \248\ Sec. 2(1) of Public Law 95-268 (92 Stat. 213) added this 
paragraph.
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          (1) be guided by the economic and social development 
        impact and benefits of such a project and the ways in 
        which such a project complements, or is compatible 
        with, other development assistance programs or projects 
        of the United States or other donors;
          (2) give preferential consideration to investment 
        projects in less developed countries that have per 
        capita incomes of $984 or less in 1986 United States 
        dollars, and restrict its activities with respect to 
        investment projects in less developed countries that 
        have per capita incomes of $4,269 or more in 1986 
        United States dollars (other than countries designated 
        as beneficiary countries under section 212 of the 
        Caribbean Basin Economic Recovery Act (19 U.S.C. 2702), 
        Ireland, and Northern Ireland); and \249\
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    \249\ The per capita income levels were increased from $896 and 
$3,887 in 1983 U.S. dollars by sec. 102 of the OPIC Amendments Act of 
1988, S. 2757, enacted into law by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268). Sec. 102 also added ``(other than 
countries designated as beneficiary countries under section 212 of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702))''. Previously 
the per capita income levels were increased from $680 and $2,950 in 
1979 U.S. dollars to $896 and $3,887 in 1983 U.S. dollars by sec. 3 of 
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1669), and 
from $520 and $1,000 in 1975 U.S. dollars to $680 and $2,950 in 1979 
U.S. dollars, respectively, by sec. 2(1) of the OPIC Amendments Act of 
1981 (Public Law 97-65; 95 Stat. 1021).
    Sec. 105 of the Jobs Through Trade Expansion Act of 1994 (Public 
Law 103-392; 108 Stat. 4099) inserted ``, Ireland, and Northern 
Ireland'' in the parentheses.
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          (3) \250\ ensures that the project is consistent with 
        the provisions of section 117 \250\ (as so redesignated 
        by the Special Foreign Assistance Act of 1986), section 
        118, and section 119 of this Act relating to the 
        environment and natural resources of, and tropical 
        forests and endangered species \250\ in, developing 
        countries, and consistent with the intent of 
        regulations issued pursuant to sections 118 and 119 of 
        this Act.
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    \250\ Sec. 4(a)(1)(C) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1669) added para. (3). The OPIC Amendments Act of 
1988, S. 2757, enacted into law by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268), made a correction to include section 117. 
S. 2757 also struck out ``biological diversity'' and inserted in lieu 
thereof ``tropical forests and endangered species''.
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    In carrying out its purpose, the Corporation, utilizing 
broad criteria, shall undertake--
          (a) \251\ to conduct financing, insurance, and 
        reinsurance operations on a self-sustaining basis, 
        taking into account in its financing operations the 
        economic and financial soundness of projects;
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    \251\ Sec. 2(1)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) amended and restated subsec. (a). It formerly 
read as follows: ``(a) to conduct financial soundness of projects and 
the availability of financing from other sources on appropriate 
terms;''.
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          (b) to utilize private credit and investment 
        institutions and the Corporation's guaranty authority 
        as the principal means of mobilizing capital investment 
        funds;
          (c) to broaden private participation and revolve its 
        funds through selling its direct investments to private 
        investors whenever it can appropriately do so on 
        satisfactory terms;
          (d) to conduct its insurance operations with due 
        regard to principles of risk management including \252\ 
        efforts to share its insurance risks and reinsurance 
        \253\ risks;
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    \252\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``when appropriate,'' after ``including''.
    \253\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted ``and reinsurance''.
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          (e) \254\ to the maximum degree possible consistent 
        with its purposes--
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    \254\ Subsec. (e), as amended by Public Law 93-390, was amended and 
restated by sec. 2(2) of Public Law 95-268 (92 Stat. 213). It formerly 
read as follows:
    ``(e) to give preferential consideration in its investment 
insurance, financing, and reinsurance activities (to the maximum extent 
practicable consistent with the Corporation's purposes) to investment 
projects involving businesses of not more than $2,500,000 net worth or 
with not more than $7,500,000 in total assets;''.
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                  (1) to give preferential consideration in its 
                investment insurance, reinsurance, and guaranty 
                activities to investment projects sponsored by 
                or involving United States small business; and
                  (2) to increase the proportion of projects 
                sponsored by or significantly involving United 
                States small business to at least 30 percent of 
                all projects insured, reinsured, or guaranteed 
                by the Corporation;
          (f) \255\ to consider in the conduct of its 
        operations the extent to which less developed country 
        governments are receptive to private enterprise, 
        domestic and foreign, and their willingness and ability 
        to maintain conditions which enable private enterprise 
        to make its full contribution to the development 
        process;
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    \255\ Sec. 2(5) of Public Law 95-268 (92 Stat. 214) struck subsecs. 
(f) and (l) and redesignated subsecs. (g) through (n) as (f) through 
(l), respectively. Subsecs. (f) and (l) formerly read as follows:
    ``(f) to encourage and support only those private investments in 
less developed friendly countries and areas which are sensitive and 
responsive to the special needs and requirements of their economies, 
and which contribute to the social and economic development of their 
people;''
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and
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    ``(l) to the maximum extent practicable, to give preferential 
consideration in the Corporation's investment insurance, financing, and 
reinsurance activities to investment projects in the less developed 
friendly countries which have per capita incomes of $450 or less in 
1973 United States dollars; and''.
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          (g) \255\ to foster private initiative and 
        competition and discourage monopolistic practices;
          (h) \255\ to further to the greatest degree possible, 
        in a manner consistent with its goals, the balance-of-
        payments and employment \256\ objectives of the United 
        States;
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    \256\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted ``and employment''.
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          (i) \255\ to conduct its activities in consonance 
        with the activities of the agency primarily responsible 
        for administering part I and the international trade, 
        investment, and financial policies of the United States 
        Government, and to seek to support those developmental 
        projects having positive trade benefits for the United 
        States; \257\
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    \257\ Sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021) inserted ``, and to seek to support those 
developmental projects having positive trade benefits for the United 
States''.
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          (j) \255\ to advise and assist, within its field of 
        competence, interested agencies of the United States 
        and other organizations, both public and private, 
        national and international, with respect to projects 
        and programs relating to the development of private 
        enterprise in less developed countries and areas;
          (k) \258\ (1) to decline to issue any contract of 
        insurance or reinsurance, or any guaranty, or to enter 
        into any agreement to provide financing for an eligible 
        investor's proposed investment if the Corporation 
        determines that such investment is likely to cause such 
        investor (or the sponsor of an investment project in 
        which such investor is involved) significantly to 
        reduce the number of his employees in the United States 
        because he is replacing his United States production 
        with production from such investment which involves 
        substantially the same product for substantially the 
        same market as his United States production; and (2) to 
        monitor conformance with the representations of the 
        investor on which the Corporation relied in making the 
        determination required by clause (1);
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    \258\ This subsection was originally added as subsec. (m) by sec. 
2(1)(H) of the OPIC Amendments Act of 1974 (Public Law 93-390). It was 
redesignated as subsec. (k) by sec. 2(5) of Public Law 95-268; 92 Stat. 
214.
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          (l) \259\ to decline to issue any contract of 
        insurance or reinsurance, or any guaranty, or to enter 
        into any agreement to provide financing for an eligible 
        investor's proposed investment if the Corporation 
        determines that such investment is likely to cause a 
        significant reduction in the number of employees in the 
        United States;
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    \259\ This subsection was added as subsec. (n) by sec. 2(4) of 
Public Law 95-268 (92 Stat. 213), and redesignated as subsec. (l) by 
sec. 2(5) of the same Act.
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          (m) \260\ to refuse to insure, reinsure, or finance 
        any investment subject to performance requirements 
        which would reduce substantially the positive trade 
        benefits likely to accrue to the United States from the 
        investment; and
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    \260\ Sec. 2(3)(C) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1021) added subsec. (m).
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          (n) \261\ to refuse to insure, reinsure, guarantee, 
        or finance any investment in connection with a project 
        which the Corporation determines will pose an 
        unreasonable or major environmental, health, or safety 
        hazard, or will result in the significant degradation 
        of national parks or similar protected areas.
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    \261\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law 
99-204; 99 Stat. 1669) added subsec. (n).
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    Sec. 231A.\262\ Additional Requirements.--(a) Worker 
Rights.--
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    \262\ 22 U.S.C. 2191a. Sec. 5(a) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1670) added sec. 231A. Sec. 5(b) of the 
Act provides that sec. 231A(a) ``shall not apply to projects insured, 
reinsured, guaranteed, or financed before the date of the enactment of 
this Act.''.
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          (1) Limitation on OPIC Activities.--The Corporation 
        may insure, reinsure, guarantee, or finance a project 
        only if the country in which the project is to be 
        undertaken is taking steps to adopt and implement laws 
        that extend internationally recognized worker rights, 
        as defined in section 507(4) of the Trade Act of 
        1974,\263\ to workers in that country (including any 
        designated zone in that country). The Corporation shall 
        also include the following language, in substantially 
        the following form, in all contracts which the 
        Corporation enters into with eligible investors to 
        provide financial support under this title: \264\
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    \263\ Sec. 1954(b)(3)(A) of Public Law 104-188 (110 Stat. 1928) 
struck out ``502(a)(4) of the Trade Act of 1974 (19 U.S.C. 
2462(a)(4))'' and inserted in lieu thereof ``507(4) of the Trade Act of 
1974''.
    \264\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3651) added the last sentence, including the 
quoted language required in contracts.
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                  ``The investor agrees not to take actions to 
                prevent employees of the foreign enterprise 
                from lawfully exercising their right of 
                association and their right to organize and 
                bargain collectively. The investor further 
                agrees to observe applicable laws relating to a 
                minimum age for employment of children, 
                acceptable conditions of work with respect to 
                minimum wages, hours of work, and occupational 
                health and safety, and not to use forced labor. 
                The investor is not responsible under this 
                paragraph for the actions of a foreign 
                government.''
          (2) Use of Annual Reports on Workers Rights.--The 
        Corporation shall, in making its determinations under 
        paragraph (1), use the reports submitted to the 
        Congress pursuant to section 504 of the Trade Act of 
        1974.\265\ The restriction set forth in paragraph (1) 
        shall not apply until the first such report is 
        submitted to the Congress.
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    \265\ Sec. 1954(b)(3)(B) of Public Law 104-188 (110 Stat. 1928) 
struck out ``505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c))'' and 
inserted in lieu thereof ``504 of the Trade Act of 1974''.
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          (3) Waiver.--Paragraph (1) shall not prohibit the 
        Corporation from providing any insurance, reinsurance, 
        guaranty, or financing with respect to a country if the 
        President determines that such activities by the 
        Corporation would be in the national economic interests 
        of the United States. Any such determination shall be 
        reported in writing to the Congress, together with the 
        reasons for the determination.\266\
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    \266\ On June 21, 1990, the President determined ``that the waiver 
of section 231A(a)(1) with respect to Nicaragua, permitting the 
Overseas Private Investment Corporation to insure, reinsure, guaranty, 
and finance projects in Nicaragua, is in the national economic 
interests of the United States.'' (Presidential Determination 90-24; 55 
F.R. 27631).
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          (4) \267\ In making a determination under this 
        section for the People's Republic of China, the 
        Corporation shall discuss fully and completely the 
        justification for making such determination with 
        respect to each item set forth in subparagraphs (A) 
        through (E) of section 507(4) \268\ of the Trade Act of 
        1974.
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    \267\ Sec. 2203(c) of Public Law 100-418 (102 Stat. 1328) para. 
(4).
    Sec. 902(a)(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) continued a 
suspension of OPIC's issuing new insurance, reinsurance, guarantees, 
financing, or other financial support to the People's Republic of China 
until the President reported to the Congress under subsec. (b) of that 
sec. that China had made certain political reforms, or that such 
assistance was in the national interest of the United States. For text 
of sec. 902, see Legislation on Foreign Relations Through 2008, vol. 
II-A.
    \268\ Sec. 1954(b)(3)(C) of Public Law 104-188 (110 Stat. 1928) 
struck out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
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    (b) \269\ Environmental Impact.--The Board of Directors of 
the Corporation shall not vote in favor of any action proposed 
to be taken by the Corporation that is likely to have 
significant adverse environmental impacts that are sensitive, 
diverse, or unprecedented, unless for at least 60 days before 
the date of the vote--
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    \269\ Sec. 3(a) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1745) redesignated subsec. (b) as subsec. (c), and 
added a new subsec. (b).
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          (1) an environmental impact assessment or initial 
        environmental audit, analyzing the environmental 
        impacts of the proposed action and of alternatives to 
        the proposed action has been completed by the project 
        applicant and made available to the Board of Directors; 
        and
          (2) such assessment or audit has been made available 
        tot he public of the United States, locally affected 
        groups in the host country, and host country 
        nongovernmental organizations.
    (c) \269\ Public Hearings.--(1) \270\ The Board shall hold 
at least one public hearing each year in order to afford an 
opportunity for any person to present views as to whether the 
Corporation is carrying out its activities in accordance with 
section 231 and this section or whether any investment in a 
particular country should have been or should be extended 
insurance, reinsurance, guarantees, or financing under this 
title.
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    \270\ Sec. 3(a)(3) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1745) inserted ``(1)'' before ``The Board'' and 
added a new para. (2).
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    (2) \270\ In conjunction with each meeting of its Board of 
Directors, the Corporation shall hold a public hearing in order 
to afford an opportunity for any person to present views 
regarding the activities of the Corporation. Such views shall 
be made part of the record.
    Sec. 232.\271\ Capital of the Corporation.--The President 
is authorized to pay in as capital of the Corporation, out of 
dollar receipts made available through the appropriation 
process from loans made pursuant to this part and from loans 
made under the Mutual Security Act of 1954, as amended, for the 
fiscal year 1970 not to exceed $20,000,000 and for the fiscal 
year 1971 not to exceed $20,000,000. Upon the payment of such 
capital by the President, the Corporation shall issue an 
equivalent amount of capital stock to the Secretary of the 
Treasury.
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    \271\ 22 U.S.C. 2192. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 232.
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    Sec. 233.\272\ Organization and Management.--(a) Structure 
of the Corporation.--The Corporation shall have a Board of 
Directors, a President, an Executive Vice President, and such 
other officers and staff as the Board of Directors may 
determine.
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    \272\ 22 U.S.C. 2193. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 233.
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    (b) Board of Directors.--All powers of the Corporation 
shall vest in and be exercised by or under the authority of its 
Board of Directors (``the Board'') which shall consist of 
fifteen Directors,\273\ including the Chairman, with eight 
Directors \274\ constituting a quorum for the transaction of 
business.\275\ Eight Directors \274\, \276\ shall be 
appointed by the President of the United States, by and with 
the advice and consent of the Senate, and shall not be 
officials or employees of the Government of the United States. 
At least two of the eight Directors \277\ appointed under the 
preceding sentence shall be experienced in small business, one 
in organized labor, and one in cooperatives. Each such Director 
shall be appointed for a term of no more than three years. The 
terms of no more than three such Directors \278\ shall expire 
in any one year. Such Directors shall serve until their 
successors are appointed and qualified and may be reappointed.
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    \273\ Sec. 3(a)(1) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1021) increased the number of Directors 11 to 15.
    \274\ Sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021) increased the number of Directors from six to eight.
    \275\ Sec. 4(1) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) struck out two sentences at this point that 
designated the Administrator of AID as Chairman of the Board, ex 
officio, and the U.S. Trade Representative or Deputy U.S. Trade 
Representative as Vice Chairman of the Board, ex officio. The second 
sentence, establishing the USTR role, had been added by sec. 3(a)(2) of 
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1021).
    \276\ Sec. 4(2) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) struck out ``(other than the President of the 
Corporation, appointed pursuant to subsection (c) who shall serve as a 
Director ex officio)'' at this point.
    \277\ Sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) increased the number of Directors from one of the 
six to two of the eight.
    \278\ Sec. 3(a)(3) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) increased the number of Directors from two to 
three.
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    The other Directors shall be principal officers \279\ of 
the Government of the United States whose duties relate to the 
programs of the Corporation,\280\ including the President of 
the Corporation, the Administrator of the Agency for 
International Development, the United States Trade 
Representative, and \281\ one such officer \282\ of the 
Department of Labor,\283\ designated by and serving at the 
pleasure of the President of the United States. The United 
States Trade Representative may designate a Deputy United 
States Trade Representative to serve on the Board in place of 
the United States Trade Representative.\284\
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    \279\ Sec. 3(e)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``officials'' and inserted in lieu thereof ``principal officers''.
    \280\ Sec. 3(e)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted 
``whose duties relate to the programs of the Corporation''.
    \281\ Sec. 4(3)(A) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1746) inserted ``the President of the 
Corporation, the Administrator of the Agency for International 
Development, the United States Trade Representative, and'' after 
``including''.
    \282\ Sec. 3(e)(3) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``an official'' and inserted in lieu thereof ``one such officer''.
    \283\ Sec. 3(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) added the reference to an official of the Department 
of Labor.
    \284\ Sec. 4(3)(B) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1746) inserted ``The United States Trade 
Representative may designate a Deputy United States Trade 
Representative to serve on the Board in place of the United States 
Trade Representative.''.
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    There shall be a Chairman and a Vice Chairman of the Board, 
both of whom shall be designated by the President of the United 
States from among the Directors of the Board other than those 
appointed under the second sentence of the first paragraph of 
this subsection.\285\
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    \285\ Sec. 4(4) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) added this para.
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    All Directors who are not officers of the Corporation or 
officials of the Government of the United States shall be 
compensated at a rate equivalent to that of level IV of the 
Executive Schedule (5 U.S.C. 5315) \286\ when actually engaged 
in the business of the Corporation and may be paid per diem in 
lieu of subsistence at the applicable rate prescribed in the 
standardized Government travel regulations, as amended, from 
time to time, while away from their homes or usual places of 
business.
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    \286\ The rate of compensation at level IV of the Executive 
Schedule in 2009 is $153,200 per annum (Executive Order 13483; 73 F.R. 
78587; December 18, 2008).
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    (c) President of the Corporation.--The President of the 
Corporation shall be appointed by the President of the United 
States, by and with the advice and consent of the Senate, and 
shall serve at the pleasure of the President. In making such 
appointment, the President shall take into account private 
business experience of the appointee. The President of the 
Corporation shall be its Chief Executive Officer and 
responsible for the operations and management of the 
Corporation, subject to bylaws and policies established by the 
Board.
    (d) Officers and Staff.--The Executive Vice President of 
the Corporation shall be appointed by the President of the 
United States, by and with the advice and consent of the 
Senate, and shall serve at the pleasure of the President. Other 
officers, attorneys, employees, and agents shall be selected 
and appointed by the Corporation, and shall be vested with such 
powers and duties as the Corporation may determine. Of such 
persons employed by the Corporation, not to exceed twenty may 
be appointed, compensated, or removed without regard to the 
civil service laws and regulations: Provided, That under such 
regulations as the President of the United States may 
prescribe, officers and employees of the United States 
Government who are appointed to any of the above positions may 
be entitled, upon removal from such position, except for cause, 
to reinstatement to the position occupied at the time of 
appointment or to a position of comparable grade and salary. 
Such positions shall be in addition to those otherwise 
authorized by law, including those authorized by section 5108 
of title 5 of the United States Code.
    (e) \287\ Investment Advisory Council.--The Board shall 
take prompt measures to increase the loan, guarantee, and 
insurance programs, and financial commitments, of the 
Corporation in sub-Saharan Africa, including through the use of 
an investment advisory council to assist the Board in 
developing and implementing policies, programs, and financial 
instruments with respect to sub-Saharan Africa. In addition, 
the investment advisory council shall make recommendations to 
the Board on how the Corporation can facilitate greater support 
by the United States for trade and investment with and in sub-
Saharan Africa. The investment advisory council shall terminate 
4 years after the date of the enactment of this subsection.
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    \287\ Sec. 123(c)(1) of the Trade and Development Act of 2000 
(Public Law 106-200; 114 Stat. 269) added subsec. (e). Sec. 123 of that 
Act, furthermore, provided the following:
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``sec. 123. overseas private investment corporation initiatives.
---------------------------------------------------------------------------

    ``(a) Initiation of Funds.--It is the sense of the Congress that 
the Overseas Private Investment Corporation should exercise the 
authorities it has to initiate an equity fund or equity funds in 
support of projects in the countries in sub-Saharan Africa, in addition 
to the existing equity fund for sub-Saharan Africa created by the 
Corporation.
    ``(b) Structure and Types of Funds.--
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  ``(1) Structure.--Each fund initiated under subsection (a) should be 
structured as a partnership managed by professional private sector fund 
managers and monitored on a continuing basis by the Corporation.

  ``(2) Capitalization.--Each fund should be capitalized with a combination 
of private equity capital, which is not guaranteed by the Corporation, and 
debt for which the Corporation provides guaranties.

  ``(3) Infrastructure fund.--One or more of the funds, with combined 
assets of up to $500,000,000, should be used in support of infrastructure 
projects in countries of sub-Saharan Africa.

  ``(4) Emphasis.--The Corporation shall ensure that the funds are used to 
provide support in particular to women entrepreneurs and to innovative 
investments that expand opportunities for women and maximize employment 
opportunities for poor individuals.
---------------------------------------------------------------------------

    ``(c) Overseas Private Investment Corporation.--
---------------------------------------------------------------------------

  ``(1) Investment advisory council.--Section 233 of the Foreign Assistance 
Act of 1961 is amended * * *

  ``(2) Reports to congress.--Within 6 months after the date of the 
enactment of this Act, and annually for each of the 4 years thereafter, the 
Board of Directors of the Overseas Private Investment Corporation shall 
submit to Congress a report on the steps that the Board has taken to 
implement section 233(e) of the Foreign Assistance Act of 1961 (as added by 
paragraph (1)) and any recommendations of the investment advisory council 
established pursuant to such section.''.

    Sec. 234.\288\ Investment Insurance and Other 
Programs.\289\--The Corporation is hereby authorized to do the 
following:
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    \288\ 22 U.S.C. 2194. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 234. Sec. 7081(a) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2009 
(division H of Public Law 111-8; 123 Stat. 910), provides the 
following:
---------------------------------------------------------------------------

``opic

``(including transfer of funds)
---------------------------------------------------------------------------

    ``Sec. 7081. (a) Authority.--Notwithstanding section 235(a)(2) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the 
authority of subsections (a) through (c) of section 234 of such Act 
shall remain in effect through September 30, 2009.''.
    \289\ Sec. 2(2)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``Investment Incentive Programs'' and inserted in 
lieu thereof ``Investment Insurance and Other Programs''.
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    (a) \290\ Investment Insurance.--(1) To issue insurance, 
upon such terms and conditions as the Corporation may 
determine, to eligible investors assuring protection in whole 
or in part against any or all of the following risks with 
respect to projects which the Corporation has approved--
---------------------------------------------------------------------------
    \290\ Sec. 5(b)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1023) provided:
    ``(2) The authority of the Overseas Private Investment Corporation 
to enter into contracts under section 234(a) of the Foreign Assistance 
Act of 1961 shall be effective for any fiscal year beginning after 
September 30, 1981, only to such extent or in such amounts as are 
provided in appropriation Acts.''.
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          (A) inability to convert into United States dollars 
        other currencies, or credits in such currencies, 
        received as earnings or profits from the approved 
        project, as repayment or return of the investment 
        therein, in whole or in part, or as compensation for 
        the sale or disposition of all or any part thereof;
          (B) loss of investment, in whole or in part, in the 
        approved project due to expropriation or confiscation 
        by action of a foreign government or any political 
        subdivision thereof; \291\
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    \291\ Sec. 4(a) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted 
``or any political subdivision thereof''.
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          (C) loss due to war, revolution, insurrection or 
        civil strife; and \292\
---------------------------------------------------------------------------
    \292\ Sec. 4(a)(1) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) added the reference to civil strife.
---------------------------------------------------------------------------
          (D) \293\ loss due to business interruption caused by 
        any of the risks set forth in subparagraphs (A), (B), 
        and (C).
---------------------------------------------------------------------------
    \293\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1671) added subpara. (D).
---------------------------------------------------------------------------
    (2) \294\ Recognizing that major private investments in 
less developed friendly countries or areas are often made by 
enterprises in which there is multinational participation, 
including significant United States private participation, the 
Corporation may make arrangements with foreign governments 
(including agencies, instrumentalities, or political 
subdivisions thereof) or with multilateral organizations and 
institutions for sharing liabilities assumed under investment 
insurance for such investments and may in connection therewith 
issue insurance to investors not otherwise eligible hereunder, 
except that liabilities assumed by the Corporation under the 
authority of this subsection shall be consistent with the 
purposes of this title and that the maximum share of 
liabilities so assumed shall not exceed the proportionate 
participation by eligible investors in the project.\295\
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    \294\ Sec. 2(2)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) amended and restated subsec. (a)(2). It formerly read as 
follows: ``(2) Recognizing that major private investments in less 
developed friendly countries in areas are often made by enterprises in 
which there is multinational participation, including significant 
United States private participation, the Corporation may make such 
arrangements with foreign governments (including agencies, 
instrumentalities, or political subdivisions thereof) or with 
multilateral organizations for sharing liabilities assumed under 
investment insurance for such investments and may in connection 
therewith issue insurance to investors not otherwise eligible 
hereunder: Provided, however, That liabilities assumed by the 
Corporation under the authority of this subsection shall be consistent 
with the purposes of this title and that the maximum share of 
liabilities so assumed shall not exceed the proportionate participation 
by eligible investors in the total project financing.''.
    \295\ Sec. 4(a)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) struck out ``total'' and ``financing'', before 
and after ``project''.
    Sec. 3(1) of Public Law 95-268 (92 Stat. 214) struck out: ``and 
that the maximum share of liabilities so assumed under paragraph (1) 
(A) and (B) of paragraph (1)(C) shall not exceed the Corporation's 
proportional share of such liabilities as specified in paragraph (4) or 
(5) of this subsection.''.
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    (3) Not more than 10 per centum of the maximum contingent 
liability \296\ of investment insurance which the Corporation 
is permitted to have outstanding under section 235(a)(1) \297\ 
shall be issued to a single investor.
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    \296\ Sec. 3(2) of Public Law 95-268 (92 Stat. 214) struck out 
``total face amount'' and inserted in lieu thereof ``maximum contingent 
liability''.
    \297\ Sec. 4(a)(3) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) struck out ``authorized to issue under this 
subsection'' and inserted in lieu thereof ``permitted to have 
outstanding under sec. 235(a)(1)''.
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    (4) \298\ Before issuing insurance for the first time for 
loss due to business interruption, and in each subsequent 
instance in which a significant expansion is proposed in the 
type of risk to be insured under the definition of ``civil 
strife'' or ``business interruption'',\299\ the Corporation 
shall, at least sixty days before such insurance is issued, 
submit to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs \300\ of the House of 
Representatives a report with respect to such insurance, 
including a thorough analysis of the risks to be covered, 
anticipated losses, and proposed rates and reserves and, in the 
case of insurance for loss due to business interruption, an 
explanation of the underwriting basis upon which the insurance 
is to be offered. Any such report with respect to insurance for 
loss due to business interruption shall be considered in 
accordance with the procedures applicable to reprogramming 
notifications pursuant to section 634A of this Act.\301\
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    \298\ Paras. (4) through (7), which had been added by the OPIC 
Amendments Act of 1974 (Public Law 93-390) and had appeared at this 
point, were struck by sec. 3(3) of Public Law 95-268 (92 Stat. 214). 
This new para. (4) was added by sec. 4(a)(4) of the OPIC Amendments Act 
of 1981 (Public Law 97-65; 95 Stat. 1022).
    \299\ Sec. 6(a)(2)(A) and (B) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1671) struck out ``civil strife insurance 
for the first time'' and inserted in lieu thereof ``insurance for the 
first time loss due to business interruption'', and struck out 
``definition of civil strife'' and inserted in lieu thereof 
``definition of `civil strife' or `business interruption'''.
    \300\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \301\ Sec. 6(a)(2) (C) and (D) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1671) added the text from the word 
``reserves'' to the end of para. (4).
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    (b) Investment Guaranties.--To issue to eligible investors 
guaranties of loans and other investments made by such 
investors assuring against loss due to such risks and upon such 
terms and conditions as the Corporation may determine: 
Provided, however, That such guaranties on other than loan 
investments shall not exceed 75 per centum of such investment: 
Provided further, That except for loan investments for credit 
unions made by eligible credit unions or credit union 
associations, the aggregate amount of investment (exclusive of 
interest and earnings) so guaranteed with respect to any 
project shall not exceed, at the time of issuance of any such 
guaranty, 75 per centum of the total investment committed to 
any such project as determined by the Corporation, which 
determination shall be conclusive for purposes of the 
Corporation's authority to issue any such guaranty: Provided 
further, That not more than 15 \302\ per centum of the maximum 
contingent liability of investment guaranties which the 
Corporation is permitted to have outstanding under section 
235(a)(2) \303\ shall be issued to a single investor.
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    \302\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) changed the per centum from 10 to 15.
    \303\ Sec. 4(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) struck out ``authorized to issue under this 
subsection'' and inserted in lieu thereof ``permitted to have 
outstanding under section 235(a)(2)''.
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    (c) Direct Investment.--To make loans in United States 
dollars repayable in dollars or loans in foreign currencies 
(including, without regard to section 1415 of the Supplemental 
Appropriation Act, 1953, such foreign currencies which the 
Secretary of the Treasury may determine to be excess to the 
normal requirements of the United States and the Director of 
the Bureau of the Budget may allocate) to firms privately owned 
or of mixed private and public ownership upon such terms and 
conditions as the Corporation may determine.\304\ Loans may be 
made under this subsection only for projects that are sponsored 
by or significantly involve United States small business or 
cooperatives.\305\
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    \304\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck out the following which previously appeared at this 
point: ``The Corporation may not purchase or invest in any stock in any 
other corporation, except that it may (1) accept as evidence of 
indebtedness debt securities convertible to stock, but such debt 
securities shall not be converted to stock while held by the 
Corporation, and (2) acquire stock through the enforcement of any lien 
or pledge or otherwise to satisfy a previously contracted indebtedness 
which would otherwise be in default, or as the result of any payment 
under any contract of insurance or guaranty. The Corporation shall 
dispose of any stock it may so acquire as soon as reasonably feasible 
under the circumstances then pertaining.''.
    \305\ Sec. 3(4) of Public Law 95-268 (92 Stat. 214) added this 
sentence.
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    The Corporation may designate up to 25 percent of any loan 
under this subsection for use in the development or adaptation 
in the United States of new technologies or new products or 
services that are to be used in the project for which the loan 
is made and are likely to contribute to the economic or social 
development of less developed countries.\306\
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    \306\ Sec. 103 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268) added this para.
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    No loan may be made under this subsection to finance any 
operation for the extraction of oil or gas. The aggregate 
amount of loans under this subsection to finance operations for 
the mining or other extraction of any deposit of ore or other 
nonfuel minerals may not in any fiscal year exceed 
$4,000,000.\307\
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    \307\ Sec. 3(5) of Public Law 95-268 (92 Stat. 214) inserted this 
paragraph in lieu of the following:
    ``No loans shall be made under this section to finance operations 
for mining or other extraction of any deposit of ore, oil, gas, or 
other mineral.''.
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    (d) Investment Encouragement.--To initiate and support 
through financial participation, incentive grant, or otherwise, 
and on such terms and conditions as the Corporation may 
determine, the identification, assessment, surveying and 
promotion of private investment opportunities, utilizing 
wherever feasible and effective the facilities of private 
investors, except that--
          (1) the Corporation shall not finance any survey to 
        ascertain the existence, location, extent, or quality 
        of, or to determine the feasibility of undertaking 
        operations for the extraction of, oil or gas; and
          (2) expenditures financed by the Corporation during 
        any fiscal year on surveys to ascertain the existence, 
        location, extent, or quality of, or to determine the 
        feasibility of undertaking operations for the 
        extraction of nonfuel minerals may not exceed 
        $200,000.\308\
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    \308\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) struck out a 
proviso clause in subsec. (d) and added the words to this point 
beginning with ``, except that--''.
---------------------------------------------------------------------------
    (e) Special Activities.--To administer and manage special 
projects and programs, including programs of financial and 
advisory support which provide private technical, professional, 
or managerial assistance in the development of human resources, 
skills, technology, capital savings and intermediate financial 
and investment institutions and cooperatives and including the 
initiation of incentives, grants, and studies for renewable 
energy and other small business activities.\309\ The funds for 
these projects and programs may, with the Corporation's 
concurrence, be transferred to it for such purposes under the 
authority of section 632(a) or from other sources, public or 
private. Administrative funds may not be made available for 
incentives, grants, and studies for renewable energy and other 
small business activities.\310\
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    \309\ Sec. 8(c) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat. 
1868) added text to the end of the sentence from ``and including''.
    \310\ Sec. 8(c) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat. 
1868) added the last sentence.
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    (f) \311\ Other Insurance Functions.--(1) To make and carry 
out contracts of insurance or reinsurance, or agreements to 
associate or share risks, with insurance companies, financial 
institutions, any other persons, or groups thereof, and 
employing the same where appropriate, as its agent, or acting 
as their agent, in the issuance and servicing of insurance, the 
adjustment of claims, the exercise of subrogation rights, the 
ceding and accepting of reinsurance, and in any other matter 
incident to an insurance business; except that such agreements 
and contracts shall be consistent with the purposes of the 
Corporation set forth in section 231 of this Act and shall be 
on equitable terms.\312\
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    \311\ Sec. 2(2)(D) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added subsec. (f).
    \312\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) added ``; 
except that such agreements and contracts shall be consistent with the 
purposes of the Corporation set forth in section 231 of this Act and 
shall be on equitable terms''. Subsequently, sec. 4(b)(2) of the OPIC 
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022) struck out the 
following text, as added by sec. 3(6) of Public Law 95-268: ``and (B) 
the Corporation shall not make or carry out any association or risk-
sharing agreement for the direct underwriting of insurance by the 
Corporation with others, other than on an individual basis where such 
direct underwriting facilitates the purposes of the Corporation as set 
forth in section 231 of this Act.''.
---------------------------------------------------------------------------
    (2) To enter into pooling or other risk-sharing agreements 
with \313\ multinational insurance or financing agencies or 
groups of such agencies.
---------------------------------------------------------------------------
    \313\ Sec. 8 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) struck out ``other national or'' after ``agreements 
with''.
---------------------------------------------------------------------------
    (3) To hold an ownership interest in any association or 
other entity established for the purposes of sharing risks 
under investment insurance.
    (4) To issue, upon such terms and conditions as it may 
determine, reinsurance of liabilities assumed by other insurers 
or groups thereof in respect of risks referred to in subsection 
(a)(1).
    The amount of reinsurance of liabilities under this title 
which the Corporation may issue shall not \314\ in the 
aggregate exceed at any one time an amount equal to the amount 
authorized for the maximum contingent liability outstanding at 
any one time under section 235(a)(1). All reinsurance issued by 
the Corporation under this subsection shall require that the 
reinsured party retain for his own account specified portions 
of liability, whether first loss or otherwise.\315\, 
\316\
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    \314\ Sec. 4(b)(3)(A) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1022) struck out ``exceed $600,000,000 in any one 
year, and the amount of such reinsurance shall not'' at this point.
    \315\ Sec. 4(b)(3)(B) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1022) struck out ``and the Corporation shall 
endeavor to increase such specified portions to the maximum extent 
possible'' at this point.
    \316\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck out the first sentence of this paragraph. It 
formerly read: ``The authority granted by paragraph (3) may be 
exercised notwithstanding the prohibition under subsection (c) against 
the Corporation purchasing or investing in any stock in any other 
corporation.''.
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    (g) \317\ Pilot Equity Finance Program.--
---------------------------------------------------------------------------
    \317\ Sec. 104(3) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268) added subsec. (g).
    Sec. 6001(1) of Public Law 106-31 (113 Stat. 113) struck out para. 
(C), which had provided as follows:
    ``(C) Creation of fund for acquisition of equity.--The Corporation 
is authorized to establish a revolving fund to be available solely for 
the purposes specified in this subsection and to make transfers to the 
fund of a total of $10,000,000 (less amounts transferred to the fund 
before the date of the enactment of the Jobs Through Exports Act of 
1992) from its noncredit account revolving fund. The Corporation shall 
transfer to the fund in each fiscal year all amounts received by the 
Corporation during the preceding fiscal year as income on securities 
acquired under this subsection, and from the proceeds on the 
disposition of such securities. Purchases of, investments in, and other 
acquisitions of equity from the fund are authorized for any fiscal year 
only to the extent or in such amounts as are provided in advance in 
appropriations Acts or are transferred to the Corporation pursuant to 
section 632(a) of this Act.''.
    Previously sec. 103 of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3651) amended and restated para. (C).
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          (1) Authority for pilot program.--In order to study 
        the feasibility and desirability of a program of equity 
        financing, the Corporation is authorized to establish a 
        4-year pilot program under which it may, on the limited 
        basis prescribed in paragraphs (2) through (5), 
        purchase, invest in, or otherwise acquire equity or 
        quasi-equity securities of any firm or entity, upon 
        such terms and conditions as the Corporation may 
        determine, for the purpose of providing capital for any 
        project which is consistent with the provisions of this 
        title except that--
                  (A) the aggregate amount of the Corporation's 
                equity investment with respect to any project 
                shall not exceed 30 percent of the aggregate 
                amount of all equity investment made with 
                respect to such project at the time that the 
                Corporation's equity investment is made, except 
                for securities acquired through the enforcement 
                of any lien, pledge, or contractual arrangement 
                as a result of a default by any party under any 
                agreement relating to the terms of the 
                Corporation's investment; and
                  (B) the Corporation's equity investment under 
                this subsection with respect to any project, 
                when added to any other investments made or 
                guaranteed by the Corporation under subsection 
                (b) or (c) with respect to such project, shall 
                not cause the aggregate amount of all such 
                investment to exceed, at the time any such 
                investment is made or guaranteed by the 
                Corporation, 75 percent of the total investment 
                committed to such project as determined by the 
                Corporation.
The determination of the Corporation under subparagraph (B) 
shall be conclusive for purposes of the Corporation's authority 
to make or guarantee any such investment.
          (2) \318\ Equity authority limited to projects in 
        sub-saharan africa and caribbean basin and marine 
        transportation projects globally.--Equity investments 
        may be made under this subsection only in projects in 
        countries eligible for financing under this title that 
        are countries in sub-Saharan Africa or countries 
        designated as beneficiary countries under section 212 
        of the Caribbean Basin Economy Recovery Act \319\ and 
        in marine transportation projects in countries and 
        areas eligible for OPIC support worldwide using United 
        States commercial maritime expertise.\320\
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    \318\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) struck out 
``Limitation to projects in sub-saharan africa and caribbean basin'' 
and inserted in lieu thereof ``Equity authority limited to projects in 
sub-saharan africa and caribbean basin and marine transportation 
projects globally''.
    \319\ Should read ``Caribbean Basin Economic Recovery Act''; see 
Legislation on Foreign Relations Through 2008, vol. III.
    \320\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) inserted 
``and in marine transportation projects in countries and areas eligible 
for OPIC support worldwide using United States commercial maritime 
expertise'' at the end of the sentence.
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          (3) Additional criteria.--In making investment 
        decisions under this subsection, the Corporation shall 
        give preferential consideration to projects sponsored 
        by or significantly involving United States small 
        business or cooperatives. The Corporation shall also 
        consider the extent to which the Corporation's equity 
        investment will assist in obtaining the financing 
        required for the project.
          (4) Disposition of equity interest.--Taking into 
        consideration, among other things, the Corporations' 
        financial interests and the desirability of fostering 
        the development of local capital markets in less 
        developed countries, the Corporation shall endeavor to 
        dispose of any equity interest it may acquire under 
        this subsection within a period of 10 years from the 
        date of acquisition of such interest.
          (5) \321\ Implementation.--To the extent provided in 
        advance in appropriations Acts, the Corporation is 
        authorized to create such legal vehicles as may be 
        necessary for implementation of its authorities, which 
        legal vehicles may be deemed non-Federal borrowers for 
        purposes of the Federal Credit Reform Act of 1990. 
        Income and proceeds of investments made pursuant to 
        this section 234(g) may be used to purchase equity or 
        quasi-equity securities in accordance with the 
        provisions of this section: Provided, however, That 
        such purchases shall not be limited to the 4-year 
        period of the pilot program: Provided further, That the 
        limitations contained in section 234(g)(2) shall not 
        apply to such purchases.
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    \321\ Sec. 6001(3) of Public Law 106-31 (113 Stat. 113) added para. 
(5).
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          (6) Consultations with congress.--The Corporation 
        shall consult annually with the Committee on Foreign 
        Affairs \322\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate on the 
        implementation of the pilot equity finance program 
        established under this subsection.
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    \322\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (h) \323\ Local Currency Guaranties for Eligible 
Investors.--To issue to--
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    \323\ Sec. 5(a) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) added 
subsec. (h).
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          (1) eligible investors, or
          (2) local financial institutions, guaranties,
denominated in currencies other than United States dollars, of 
loans and other investments made to projects sponsored by or 
significantly involving eligible investors, assuring against 
loss due to such risks and upon such terms and conditions as 
the Corporation may determine, for projects that the 
Corporation determines to have significant developmental 
effects or as the Corporation determines to be necessary or 
appropriate to carry out the purposes of this title.
    Sec. 234A.\324\ Enhancing Private Political Risk Insurance 
Industry.
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    \324\ 22 U.S.C. 2194b. Sec. 105 of the OPIC Amendments Act of 1988, 
S. 2757, enacted into law by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268) amended and restated sec. 234A. First 
added by sec. 9 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 672), it formerly read as follows:
    ``In order to encourage greater availability of political risk 
insurance for eligible investors, the Corporation shall establish, not 
later than one year after the date of the enactment of the Overseas 
Private Investment Corporation Amendments Act of 1985, a pilot program 
of facultative reinsurance. The program shall provide reinsurance to 
insurance companies, financial institutions, other persons, or groups 
thereof, with respect to insurance issued by such companies, 
institutions, persons, or groups for new investments, and expansions of 
existing investments, by eligible investors, in excess of limits which 
the Corporation would otherwise normally apply for its exposure to such 
investments. Contracts of reinsurance issued under the program shall be 
on equitable terms. The program, and any project covered by reinsurance 
under the program, shall be consistent with the provisions of this 
title.
    ``(b) Persons Eligible for the Program.--An insurance company, 
financial institution, or other person shall be eligible to participate 
in the facultative reinsurance program established under subsection (a) 
if that company, institution, or other person is an eligible investor 
under this title. The Corporation shall take steps to encourage 
equitable participation in the program by all eligible persons.
    ``(c) Maximum Exposure.--The exposure of the Corporation under the 
facultative reinsurance program at any one time may not exceed 
$150,000,000 or, with respect to one country, $50,000,000.
    ``(d) Advisory Group.--
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  ``(1) Establishment and Membership.--The Corporation shall establish a 
group to advise the Corporation on the development and implementation of 
the program of facultative reinsurance under this section. The group shall 
be composed of nine members as follows:

  ``(A) Three officers or employees of the Corporation designated by the 
Board.

  ``(B) Four persons appointed by the Board, of whom at least one shall 
represent an insurance company, one a reinsurance brokerage firm, and one 
an underwriter, a financial institution, or other person or entity eligible 
for the facultative reinsurance program under this section. In selecting 
such persons, the Board shall consider their previous active involvement in 
the field of political risk insurance or reinsurance and shall consult with 
any major organizations representing insurance, reinsurance, and brokerage 
institutions as to the suitability of the respective candidates to 
represent their industry.

  ``(C) Two persons appointed by the Board from among persons who are 
eligible investors, other than persons described in subparagraph (B).

  ``(2) Functions.--The advisory group shall advise the Corporation on the 
development and implementation of the facultative reinsurance program under 
this section, including ways to ensure equitable participation in the 
program by all eligible persons.

  ``(3) Meetings.--The advisory group shall meet not later than one hundred 
and eighty days after the date of the enactment of the Overseas Private 
Investment Corporation Amendments Act of 1985, and not less than once in 
every one hundred and eighty-day period thereafter.

  ``(4) Federal Advisory Committee Act.--The advisory group shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
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    ``(e) Report to the Congress.--The Corporation shall, not later 
than eighteen months after the date of the enactment of the Overseas 
Private Investment Corporation Amendments Act of 1985, submit to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the 
implementation of the facultative reinsurance program established under 
subsection (a).''.
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    (a) Cooperative Programs.--In order to encourage greater 
availability of political risk insurance for eligible investors 
by enhancing the private political risk insurance industry in 
the United States, and to the extent consistent with this 
title, the Corporation shall under take programs of cooperation 
with such industry, and in connection with such programs may 
engage in the following activities:
          (1) Utilizing its statutory authorities, encourage 
        the development of associations, pools, or consortia of 
        United States private political risk insurers.
          (2) Share insurance risks (through coinsurance, 
        contingent insurance, or other means) in a manner that 
        is conducive to the growth and development of the 
        private political risk insurance industry in the United 
        States.
          (3) Notwithstanding section 237(e), upon the 
        expiration of insurance provided by the Corporation for 
        an investment, enter into risk-sharing agreements with 
        United States private political risk insurers to insure 
        any such investment; except that, in cooperating in the 
        offering of insurance under this paragraph, the 
        Corporation shall not assume responsibility for more 
        than 50 percent of the insurance being offered in each 
        separate transaction.
    (b) Advisory Group.--
          (1) Establishment and membership.--The Corporation 
        shall establish a group to advise the Corporation on 
        the development and implementation of the cooperative 
        programs under this section. The group shall be 
        appointed by the Board and shall be composed of up to 
        12 members, including the following:
                  (A) Up to seven persons from the private 
                political risk insurance industry, of whom no 
                fewer than two shall represent private 
                political risk insurers, one shall represent 
                private political risk reinsurers, and one 
                shall represent insurance or reinsurance 
                brokerage firms.
                  (B) Up to four persons, other than persons 
                described in subparagraph (A), who are 
                purchasers of political risk insurance.
          (2) Functions.--The Corporation shall call upon 
        members of the advisory group, either collectively or 
        individually, to advise it regarding the capability of 
        the private political risk insurance industry to meet 
        the political risk insurance needs of United States 
        investors, and regarding the development of cooperative 
        programs to enhance such capability.
          (3) Meetings.--The advisory group shall meet not 
        later than September 30, 1989, and at least annually 
        thereafter. The Corporation may from time to time 
        convene meetings of selected members of the advisory 
        group to address particular questions requiring their 
        specialized knowledge.
          (4) Federal advisory committee act.--The advisory 
        group shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    Sec. 235.\325\ Issuing Authority, Direct Investment 
Authority and Reserves.--
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    \325\ 22 U.S.C. 2195. Sec. 235 was added by sec. 105 of the FA Act 
of 1969, originally as ``Issuing Authority, Direct Investment Fund and 
Reserves''. Sec. 104(a)(1) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651) struck out ``Fund'' and inserted 
in lieu thereof ``Authority''.
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    (a) \326\  Issuing Authority.--
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    \326\ Sec. 104(a)(2) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651) amended and restated subsec. (a), 
and sec. 104(a)((3) of that Act repealed subsec. (b), which formerly 
established the Direct Investment Fund.
    Sec. 581(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), amended and restated para. (1) of subsec. (a), struck out 
para. (2)(A), and redesignated para. (3) as para. (2). Paras. (1) and 
(2), as amended, formerly read as follows:
    ``(1) Insurance.--The maximum contingent liability outstanding at 
any one time pursuant to insurance issued under section 234(a) shall 
not exceed in the aggregate $13,500,000,000.
    ``(2) Financing.--(A) The maximum contingent liability outstanding 
at any one time pursuant to financing issued under subsections (b) and 
(c) of section 234 shall not exceed in the aggregate $9,500,000,000.''.
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          (1) Insurance and financing.--(A) The maximum 
        contingent liability outstanding at any one time 
        pursuant to insurance issued under section 234(a), and 
        the amount of financing issued under sections 234(b) 
        and (c), shall not exceed in the aggregate 
        $29,000,000,000.
          (B) Subject to spending authority provided in 
        appropriations Acts pursuant to section 504(b) of the 
        Federal Credit Reform Act of 1990, the Corporation is 
        authorized to transfer such sums as are necessary from 
        its noncredit activities to pay for the subsidy and 
        administrative costs \327\ of the investment guaranties 
        and direct loan programs under subsections (b) and (c) 
        of section 234.
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    \327\ Sec. 3(a) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``subsidy cost'' and inserted in lieu thereof ``subsidy and 
administrative costs''.
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          (2) Termination of authority.--The authority of 
        subsections (a), (b), and (c) \328\ of section 234 
        shall continue until 2007.\329\
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    \328\ Sec. 581(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), struck out ``(a) and (b)'' and inserted in lieu thereof 
``(a), (b), and (c)''.
    \329\ Sec. 4(2) of Public Law 95-268 (92 Stat. 214) extended the 
authority from December 31, 1977, to September 30, 1981. This date was 
further extended to September 30, 1985, by sec. 5(b)(1) of the OPIC 
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). Sec. 10 of 
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1673), 
further extended the date from September 30, 1985 to September 30, 
1988. Sec. 107 of the OPIC Amendments Act of 1988, H.R. 5263, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268) extended the date from September 30, 1988 to September 30, 
1992. Sec. 104(a)(2) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3651) amended and restated subsec. (a), 
extending the issuing authority from September 30, 1992 to September 
30, 1994. The authority was extended again from September 30, 1994 to 
September 30, 1996 by sec. 103 of the Jobs Through Trade Expansion Act 
of 1994 (Public Law 103-392; 108 Stat. 4098). Title I of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997 (enacted as sec. 101(c) of title I of the Omnibus Consolidated 
Appropriations Act, 1997; Public Law 104-208; 110 Stat. 3009) extended 
the date from September 30, 1996, to September 30, 1997. Sec. 581(a)(3) 
of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2435) extended 
the date from September 30, 1997, to September 30, 1999. Sec. 599E of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), struck out ``1999'' 
and inserted in lieu thereof ``November 1, 2000''. Sec. 2 of the Export 
Enhancement Act of 1999 (Public Law 106-158; 113 Stat. 1745) would have 
struck out ``1999'' and inserted in lieu there ``2003''; the amendment, 
however, was not executed as ``1999'' no longer appeared in the text. 
Sec. 2 of the Overseas Private Investment Corporation Amendments Act of 
2003 (Public Law 108-158; 117 Stat. 1949) struck out ``November 1, 
2000'' and inserted in lieu thereof ``2007''.
    Title VI of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 859), provides the following:
---------------------------------------------------------------------------

``Overseas Private Investment Corporation

``noncredit account
---------------------------------------------------------------------------

    ``The Overseas Private Investment Corporation is authorized to 
make, without regard to fiscal year limitations, as provided by 31 
U.S.C. 9104, such expenditures and commitments within the limits of 
funds available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $50,600,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.
---------------------------------------------------------------------------

``program account
---------------------------------------------------------------------------

    ``For the cost of direct and guaranteed loans, $29,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2009, 2010, and 2011: 
Provided further, That funds so obligated in fiscal year 2009 remain 
available for disbursement through 2017; funds obligated in fiscal year 
2010 remain available for disbursement through 2018; and funds 
obligated in fiscal year 2011 remain available for disbursement through 
2019: Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of the Foreign Assistance 
Act of 1961 in Iraq: Provided further, That funds made available 
pursuant to the authority of the previous proviso shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
    ``In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.''.
    See also in that Act: sec. 7026, relating to commerce, trade, and 
surplus commodities (123 Stat. 870); sec. 7073, relating to independent 
states of the former Soviet Union 9123 Stat. 906); and sec. 7081 (123 
Stat. 910), which provides the following:
---------------------------------------------------------------------------

``opic

``(including transfer of funds)
---------------------------------------------------------------------------

    ``Sec. 7081. (a) Authority.--Notwithstanding section 235(a)(2) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the 
authority of subsections (a) through (c) of section 234 of such Act 
shall remain in effect through September 30, 2009.
    ``(b) Funding.--Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title III of 
this Act may be transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account: 
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation: Provided 
further, That designated funding levels in this Act shall not be 
transferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.''.
    See also sec. 1105 of the Supplemental Appropriations Act, 2009 
(Public Law 111-32; 123 Stat. 1899), which, in part, provides the 
following:
---------------------------------------------------------------------------

``global financial crisis
---------------------------------------------------------------------------

    ``Sec. 1105. (a) In General.--Of the funds appropriated in this 
title under the heading `Economic Support Fund', not more than 
$255,601,000 may be made available for assistance for vulnerable 
populations in developing countries severely affected by the global 
financial crisis that--
---------------------------------------------------------------------------

  ``(1) have a 2007 per capita Gross National Income of $3,705 or less;

  ``(2) have seen a contraction in predicted growth rates of 2 percent or 
more since 2007; and

  ``(3) demonstrate consistent improvement on the democracy and governance 
indicators as measured by the Millennium Challenge Corporation 2009 Country 
Scorebook.
---------------------------------------------------------------------------

    ``(b) Transfer Authorities.--Of the funds appropriated in this 
title under the heading `Economic Support Fund' for developing 
countries impacted by the global financial crisis--
---------------------------------------------------------------------------

  ``(1) up to $29,000,000 may be transferred and merged with ``Development 
Credit Authority'', * * *

  ``(2) up to $20,000,000 may be transferred to, and merged with, `Overseas 
Private Investment Corporation Program Account': Provided, That the 
authority provided in this paragraph is in addition to authority provided 
in section 7081 in Public Law 111-8.
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    ``(c) Reprogramming Authority.--* * *
    ``(d) Report.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development 
(USAID), shall submit a spending plan not later than 45 days after the 
date of enactment of this Act to the Committees on Appropriations, and 
prior to the initial obligation of funds appropriated for countries 
impacted by the global economic crisis, detailing the use of all funds 
on a country-by-country, and project-by-project basis: Provided, That 
for each project, the report shall include (1) the projected long-term 
economic impact of providing such funds; (2) the name of the entity or 
implementing organization to which funds are being provided; (3) 
whether funds will be provided as a direct cash transfer to a local or 
national government entity; and (4) an assessment of whether USAID has 
reviewed its existing programs in such country to determine 
reprogramming opportunities to increase assistance for vulnerable 
populations: Provided further, That funds transferred to the 
Development Credit Authority and the Overseas Private Investment 
Corporation are subject to the reporting requirements in section 
1104.''.
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    (b) \326\ * * * [Repealed--1992]
    (c) There shall be established in the Treasury of the 
United States a noncredit account revolving fund, which \330\ 
shall be available for discharge of liabilities, as provided in 
subsection (d) of this section \331\ until such time as all 
such liabilities have been discharged or have expired or until 
all of the fund has \332\ been expended in accordance with the 
provisions of this section. Such fund shall be funded by: (1) 
the funds heretofore available to discharge liabilities under 
predecessor guaranty authority (including housing guaranty 
authorities), less both the amount made available for housing 
guaranty programs pursuant to section 223(b) and the amount 
made available to the Corporation pursuant to subsection (e) of 
this section \331\ and (2) such sums as shall be appropriated 
pursuant to subsection (f) of this section for such 
purpose.\333\ Additional amounts may thereafter be transferred 
to such fund \334\ pursuant to section 236.
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    \330\ Sec. 3(b)(1)(A) of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) 
struck out ``an insurance and guaranty fund, which shall have separate 
accounts to be known as the Insurance Reserve and the Guaranty Reserve, 
which reserves'' and inserted in lieu thereof ``a noncredit account 
revolving fund, which''.
    \331\ Sec. 17(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1676) struck out references to ``section 234(e)'' and 
``section 235(f)'' and inserted in lieu thereof references to 
``subsection (e)'', or ``subsection (j)'', ``of this section'', and 
references to ``section 235(d)'' with ``subsection (d) of this 
section''.
    \332\ Sec. 3(b)(1)(B) of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) 
struck out ``such reserves have'' and inserted in lieu thereof ``of the 
fund has''.
    \333\ Sec. 3(b)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``The allocation of such funds to each such reserve shall be determined 
by the Board after consultation with the Secretary of the Treasury.''.
    \334\ Sec. 3(b)(3) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``reserves'' and inserted in lieu thereof ``fund''.
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    (d) Any payment made to discharge liabilities under 
investment insurance or reinsurance issued under section 234 
\335\ under similar predecessor guaranty authority or under 
section 234A,\335\ shall be paid first out of the noncredit 
account revolving fund, as long as such fund \336\ remains 
available, and thereafter out of funds made available pursuant 
to subsection (f) of this section. Any payments made to 
discharge liabilities under guaranties issued under section 
234(b) or 234(c) shall be paid in accordance with the Federal 
Credit Reform Act of 1990.\337\
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    \335\ Sec. 2(3)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``insurance issued under section 234(a)'' and 
inserted in lieu thereof ``insurance or reinsurance issued under 
section 234''.
    Sec. 9(b) of the OPIC Amendments Act of 1985 (Public Law 99-204; 99 
Stat. 1672) added the reference to sec. 234A.
    \336\ Sec. 3(c)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``Insurance Reserve, as long as such reserve'' and inserted in lieu 
thereof ``noncredit account revolving fund, as long as such fund''.
    \337\ Sec. 3(c)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``or under similar predecessor guaranty authority shall be paid first 
out of the Guaranty Reserve as long as such reserve remains available, 
and thereafter out of funds made available pursuant to subsection (f) 
of this section'' and inserted in lieu thereof ``or 234(c) shall be 
paid in accordance with the Federal Credit Reform Act of 1990''.
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    (e) There is hereby authorized to be transferred to the 
Corporation at its call, for the purposes specified in section 
236, all fees and other revenues collected under predecessor 
guaranty authority from December 31, 1968, available as of the 
date of such transfer.
    (f) \338\ There are authorized to be appropriated to the 
Corporation, to remain available until expended, such amounts 
as may be necessary from time to time to replenish or increase 
the noncredit account revolving fund,\339\ to discharge the 
liabilities under insurance, reinsurance, or guaranties issued 
by the Corporation or issued under predecessor guaranty 
authority, or to discharge obligations of the Corporation 
purchased by the Secretary of the Treasury pursuant to this 
subsection. However, no appropriations shall be made to augment 
the noncredit account revolving fund \340\ until the amount of 
funds in the noncredit account revolving fund \340\ is less 
than $25,000,000. Any appropriations to augment the noncredit 
account revolving fund \340\ shall then only be made either 
pursuant to specific authorization enacted after the date of 
enactment of the Overseas Private Investment Corporation 
Amendments Act of 1974, or to satisfy the full faith and credit 
provision of section 237(c). In order to discharge liabilities 
under investment insurance or reinsurance, the Corporation is 
authorized to issue from time to time for purchase by the 
Secretary of the Treasury its notes, debentures, bonds, or 
other obligations; but the aggregate amount of such obligations 
outstanding at any one time shall not exceed $100,000,000. Any 
such obligation shall be repaid to the Treasury within one year 
after the date of issue of such obligation. Any such obligation 
shall bear interest at a rate determined by the Secretary of 
the Treasury, taking into consideration the current average 
market yield on outstanding marketable obligations of the 
United States of comparable maturities during the month 
preceding the issuance of any obligation authorized by this 
subsection. The Secretary of the Treasury shall purchase any 
obligation of the Corporation issued under this subsection, and 
for such purchase he may use as a public debt transaction the 
proceeds of the sale of any securities issued under the Second 
Liberty Bond Act after the date of enactment of the Overseas 
Private Investment Corporation Amendments Act of 1974. The 
purpose for which securities may be issued under such Bond Act 
shall include any such purchase.
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    \338\ Sec. 2(3)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) amended and restated subsec. (f). It formerly read as follows:
    ``(f) There is hereby authorized to be appropriated to the 
Corporation, to remain available until expended, such amounts as may be 
necessary from time to time to replenish or increase the insurance and 
guaranty fund or to discharge the liabilities under insurance and 
guaranties issued by the Corporation or issued under predecessor 
guaranty authority.''.
    Sec. 104 of Public Law 103-392 (108 Stat. 4098) struck out subsec. 
(g). Sec. 104(b) of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3652) had added subsec. (g), which authorized the 
Corporation to draw form its noncredit account revolving fund 
$8,128,000 for fiscal year 1993 and $11,000,000 for fiscal year 1994 
for administrative expenses.
    \339\ Sec. 3(d)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``insurance and guaranty fund'' and inserted in lieu thereof 
``noncredit account revolving fund''.
    \340\ Sec. 3(d)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``Insurance Reserve'' and inserted in lieu thereof ``noncredit account 
revolving fund''.
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    Sec. 236.\341\ Income and Revenues.--In order to carry out 
the purposes of the Corporation, all revenues and income 
transferred to or earned by the Corporation, from whatever 
source derived, shall be held by the Corporation and shall be 
available to carry out its purposes, including without 
limitation--
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    \341\ 22 U.S.C. 2196. Added by sec. 105 of the FA Act of 1969 
(Public Law 91-175).
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          (a) payment of all expenses of the Corporation, 
        including investment promotion expenses;
          (b) transfers and additions to the insurance or 
        guaranty reserves, the Direct Investment Fund 
        established pursuant to section 235, and such other 
        funds or reserves as the Corporation may establish, at 
        such time and in such amounts as the Board may 
        determine; and
          (c) payment of dividends, on capital stock, which 
        shall consist of and be paid from net earnings of the 
        Corporation after payments, transfers, and additions 
        under subsections (a) and (b) hereof.
    Sec. 237.\342\ General Provisions Relating to Insurance 
Guaranty, and Financing Program.--(a) Insurance guaranties, and 
reinsurance \343\ issued under this title shall cover 
investment made in connection with projects in any less 
developed friendly country or area with the government to which 
the President of the United States has agreed to institute a 
program for insurance, guaranties, or reinsurance.\343\
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    \342\ 22 U.S.C. 2197. Added by Sec. 105 of the FA Act of 1969 
(Public Law 91-175).
    Sec. 110(c) of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck ``and Guaranty'' and inserted ``Guaranty, and 
Financing''.
    \343\ Sec. 2(4) of the OPIC Amendments Act of 1974 (Public Law 93-
390) added the reference to reinsurance.
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    (b) The Corporation shall determine that suitable 
arrangements exist for protecting the interest of the 
Corporation in connection with any insurance, guaranty or 
reinsurance \343\ issued under this title, including 
arrangements concerning ownership, use, and disposition of the 
currency, credits, assets, or investments on account of which 
payment under such insurance, guaranty, or reinsurance \343\ is 
to be made, and right, title, claim, or cause of action 
existing in connection therewith.
    (c) All guaranties issued prior to July 1, 1956, all 
guaranties issued under sections 202(b) and 413(b) of the 
Mutual Security Act of 1954, as amended, all guaranties 
heretofore issued pursuant to prior guaranty authorities 
repealed by the Foreign Assistance Act of 1969, and all 
insurance, reinsurance,\343\ and guaranties issued pursuant to 
this title shall constitute obligations, in accordance with the 
terms of such insurance, reinsurance,\343\ or guaranties, of 
the United States of America and the full faith and credit of 
the United States of America is hereby pledged for the full 
payment and performance of such obligations.
    (d) \344\ Fees.--
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    \344\ Sec. 105(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3652) amended and restated subsec. (d). 
Previously it had been amended and restated by sec. 2(4)(D) of the OPIC 
Amendments Act of 1974 (Public Law 93-390).
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          (1) In general.--Fees may be charged for providing 
        insurance, reinsurance, financing, and other services 
        under this title in amounts to be determined by the 
        Corporation. In the event fees charged for insurance, 
        reinsurance, financing, or other services are reduced, 
        fees to be paid under existing contracts for the same 
        type of insurance, reinsurance, financing, or services 
        and for similar guarantees issued under predecessor 
        guarantee authority may be reduced.
          (2) Credit transaction costs.--Project-specific 
        transaction costs incurred by the Corporation relating 
        to loan obligations or loan guarantee commitments 
        covered by the provisions of the Federal Credit Reform 
        Act of 1990, including the costs of project-related 
        travel and expenses for legal representation provided 
        by persons outside the Corporation and other similar 
        expenses which are charged to the borrower, shall be 
        paid out of the appropriate finance account established 
        pursuant to section 505(b) of such Act.
          (3) Noncredit transaction costs.--Fees paid for the 
        project-specific transaction costs and other direct 
        costs associated with services provided to specific 
        investors or potential investors pursuant to section 
        234 (other than those covered in paragraph (2)), 
        including financing, insurance, reinsurance, missions, 
        seminars, conferences, and other preinvestment 
        services, shall be available for obligation for the 
        purposes for which they were collected, notwithstanding 
        any other provision of law.
    (e) No insurance, guaranty, or reinsurance \343\ of any 
equity investment shall extend beyond twenty years from the 
date of issuance.
    (f) Compensation for insurance, reinsurance, or guaranties 
issued under this title shall not exceed the dollar value, as 
of the date of the investment, of the investment made in the 
project with the approval of the Corporation plus interest, 
earnings, or profits actually accrued on such investment to the 
extent provided by such insurance, reinsurance, or guaranty, 
except that the Corporation may provide that (1) appropriate 
adjustments in the insured dollar value be made to reflect the 
replacement cost of project assets, and (2) compensation for a 
claim of loss under insurance of an equity investment may be 
computed on the basis of the net book value attributable to 
such equity investment on the date of loss.\345\ 
Notwithstanding the preceding sentence, the Corporation shall 
limit the amount of direct insurance and reinsurance issued by 
it under section 234 or 234A so that risk of loss as to at 
least 10 per centum of the total investment of the insured and 
its affiliates in the project is borne by the insured and such 
affiliates, except that limitation shall not apply to direct 
insurance or reinsurance of loans by banks or other financial 
institutions to unrelated parties and \346\ (3) \347\ 
compensation for loss due to business interruption may be 
computed on a basis to be determined by the Corporation which 
reflects amounts lost.
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    \345\ Sec. 6(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1023) amended and restated the first sentence of subsec. 
(f). Previous amendments to this sentence in subsec. (f) retained in 
the new text include the following: The word ``reinsurance'' was added 
by sec. 2(4)(F) of Public Law 93-390; the basic language of clause (1) 
was added by sec. 5 of Public Law 95-268 (92 Stat. 215).
    \346\ Sec. 2(4)(G) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added this sentence. Sec. 5 of Public Law 95-268 (92 Stat. 215) 
added ``except that limitation shall not apply to direct insurance or 
reinsurance of loans by banks or other financial institutions to 
unrelated parties''.
    A sentence, as added by sec. 2(4)(G) of Public Law 93-390 and which 
previously appeared at this point, was struck out by sec. 6(b) of the 
OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). It 
formerly read as follows: ``The preceding sentence shall not apply to 
the extent not permitted by State law.''.
    \347\ Sec. 6(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added clause (3).
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    (g) No payment may be made under any guaranty, insurance or 
reinsurance \343\ issued pursuant to this title for any loss 
arising out of fraud or misrepresentation for which the party 
seeking payment is responsible.
    (h) Insurance, guaranties, or reinsurance \348\ of a loan 
or equity investment of an eligible investor in a foreign bank, 
finance company, or other credit institution shall extend only 
to such loan or equity investment and not to any individual 
loan or equity investment made by such foreign bank, finance 
company, or other credit institution.
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    \348\ Sec. 2(4)(I) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``or guaranties'' and inserted in lieu thereof ``, 
guaranties, or reinsurance''.
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    (i) Claims arising as a result of insurance, reinsurance 
\349\ or guaranty operations under this title or under 
predecessor guaranty authority may be settled, and disputes 
arising as a result thereof may be arbitrated with the consent 
of the parties, on such terms and conditions as the Corporation 
may determine. Payment made pursuant to any such settlement, or 
as a result of an arbitration award, shall be final and 
conclusive notwithstanding any other provision of law.
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    \349\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted ``, reinsurance''.
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    (j) Each guaranty contract executed by such officer or 
officers as may be designated by the Board shall be 
conclusively presumed to be issued in compliance with the 
requirements of this Act.
    (k) \350\ In making a determination to issue insurance, 
guaranties, or reinsurance under this title, the Corporation 
shall consider the possible adverse effect of the dollar 
investment under such insurance, guaranty, or reinsurance upon 
the balance of payments of the United States.
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    \350\ Sec. 2(4)(K) of the OPIC Amendments Act of 1974 (Public Law 
93-390) amended and restated subsec. (k). It formerly read as follows:
    ``(k) In making a determination to issue insurance or a guaranty 
under this title, the Corporation shall consider the possible adverse 
effect of the dollar investment under such insurance or guaranty upon 
the balance of payments of the United States.''.
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    (l) \351\ (1) No payment may be made under any insurance or 
reinsurance which is issued under this title on or after the 
date of enactment of this subsection for any loss occurring 
with respect to a project, if the preponderant cause of such 
loss was an act by the investor seeking payment under this 
title, by a person possessing majority ownership and control of 
the investor at the time of the act, or by any agent of such 
investor or controlling person, and a court of the United 
States has entered a final judgment that such act constituted a 
violation under the Foreign Corrupt Practices Act of 1977.
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    \351\ Sec. 6 of Public Law 95-268 (92 Stat. 215) added subsec. (l).
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    (2) Not later than 120 days after the date of enactment of 
this subsection, the Corporation shall adopt regulations 
setting forth appropriate conditions under which any person 
convicted under the Foreign Corrupt Practices Act of 1977 for 
an offense related to a project insured or otherwise supported 
by the Corporation shall be suspended, for a period of not more 
than five years, from eligibility to receive any insurance, 
reinsurance, guaranty, loan, or other financial support 
authorized by this title.
    (m) \352\ (1) Before finally providing insurance, 
reinsurance, guarantees, or financing under this title for any 
environmentally sensitive investment in connection with a 
project in a country, the Corporation shall notify appropriate 
government officials of that country of--
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    \352\ Sec. 4(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added subsec. (m).
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          (A) all guidelines and other standards adopted by the 
        International Bank for Reconstruction and Development 
        and any other international organization relating to 
        the public health or safety or the environment which 
        are applicable to the project; and
          (B) to the maximum extent practicable, any 
        restriction under any law of the United States relating 
        to public health or safety or the environment that 
        would apply to the project if the project were 
        undertaken in the United States.
The notification under the preceding sentence shall include a 
summary of the guidelines, standards, and restrictions referred 
to in subparagraphs (A) and (B), and may include any 
environmental impact statement, assessment, review, or study 
prepared with respect to the investment pursuant to section 
239(g).
    (2) Before finally providing insurance, reinsurance, 
guarantees, or financing for any investment subject to 
paragraph (1), the Corporation shall take into account any 
comments it receives on the project involved.
    (3) On or before September 30, 1986, the Corporation shall 
notify appropriate government officials of a country of the 
guidelines, standards, and legal restrictions described in 
paragraph (1) that apply to any project in that country--
          (A) which the Corporation identifies as potentially 
        posing major hazards to public health and safety or the 
        environment; and
          (B) for which the Corporation provided insurance, 
        reinsurance, guarantees, or financing under this title 
        before the date of enactment of this subsection and 
        which is in the Corporation's portfolio on that date.
    (n) \353\ Penalties for Fraud.--Whoever knowingly makes any 
false statement or report, or willfully overvalues any land, 
property, or security, for the purpose of influencing in any 
way the action of the Corporation with respect to any 
insurance, reinsurance, guarantee, loan, equity investment, or 
other activity of the Corporation under section 234 or any 
change or extension of any such insurance, reinsurance, 
guarantee, loan, equity investment, or activity, by renewal, 
deferment of action or otherwise, or the acceptance, release, 
or substitution of security therefor, shall be fined not more 
than $1,000,000 or imprisoned not more than 30 years, or both.
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    \353\ Sec. 105(b) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (n).
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    (o) \354\ Use of Local Currencies.--Direct loans or 
investments made in order to preserve the value of funds 
received in inconvertible foreign currency by the Corporation 
as a result of activities conducted pursuant to section 234(a) 
shall not be considered in determining whether the Corporation 
has made or has outstanding loans or investments to the extent 
of any limitation on obligations and equity investment imposed 
by or pursuant to this title. The provisions of section 504(b) 
of the Federal Credit Reform Act of 1990 shall not apply to 
direct loan obligations made with funds described in this 
subsection.
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    \354\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (o).
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    Sec. 238.\355\ Definitions.--As used in this title--
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    \355\ 22 U.S.C. 2198. Added by sec. 105 of the FA Act of 1969 
(Public Law 91-175).
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          (a) the term ``investment'' includes any contribution 
        or commitment \356\ of funds, commodities, services, 
        patents, processes, or techniques, in the form of (1) a 
        loan or loans to an approved project, (2) the purchase 
        of a share of ownership in any such project, (3) 
        participation in royalties, earnings, or profits of any 
        such project, and (4) the furnishing of commodities or 
        services pursuant to a lease or other contract;
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    \356\ Sec. 7 of the OPIC Amendments Act of 1981 (Public Law 97-65; 
95 Stat. 1024) inserted ``or commitment''.
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          (b) the term ``expropriation'' includes, but is not 
        limited to, any abrogation, repudiation, or impairment 
        by a foreign government, a political subdivision of a 
        foreign government, or a corporation owned or 
        controlled by a foreign government,\357\ of its own 
        contract with an investor with respect to a project, 
        where such abrogation, repudiation, or impairment is 
        not caused by the investor's own fault or misconduct, 
        and materially adversely affects the continued 
        operation of the project;
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    \357\ Sec. 4(b) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted 
``, a political subdivision of a foreign government, or a corporation 
owned or controlled by a foreign government,''.
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          (c) the term ``eligible investor'' means: (1) United 
        States citizens; (2) corporations, partnerships, or 
        other associations including nonprofit associations, 
        created under the laws of the United States any State 
        or territory thereof, or the District of Columbia,\358\ 
        and substantially beneficially owned by United States 
        citizens; and (3) foreign corporations, partnerships, 
        or other associations wholly owned by one or more such 
        United States citizens, corporations, partnerships, or 
        other associations: Provided however, That the 
        eligibility of such foreign corporation shall be 
        determined without regard to any shares, in aggregate 
        less than 5 per centum of the total issued and 
        subscribed share capital,\359\ held by other than the 
        United States owners: Provided further, That in the 
        case of any loan investment a final determination of 
        eligibility may be made at the time the insurance or 
        guaranty is issued; in all other cases, the investor 
        must be eligible at the time a claim arises as well as 
        the time the insurance or guaranty is issued; \360\
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    \358\ Sec. 17(a) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added reference to the District of Columbia.
    \359\ Sec. 104(a) of the FA Act of 1971 (Public Law 91-672) struck 
out ``required by Law to be''.
    \360\ Sec. 106 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3653): (1) struck out ``and'' at the end of subsec. 
(c); (2) redesignated subsec. (d) as subsec. (f); and (3) added new 
subsecs. (d) and (e).
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          (d) \360\ the term ``noncredit account revolving 
        fund'' means the account in which funds under section 
        236 and all funds from noncredit activities are held; 
        \361\
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    \361\ Sec. 5(b)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``and'' at this point.
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          (e) \360\ the term ``noncredit activities'' means all 
        activities of the Corporation other than its loan 
        guarantee program under section 234(b) and its direct 
        loan program under section 234(c); \361\
          (f) \360\ the term ``predecessor guaranty authority'' 
        means prior guaranty authorities (other than housing 
        guaranty authorities) repealed by the Foreign 
        Assistance Act of 1969, section 202(b) and 413(b) of 
        the Mutual Security Act of 1954, as amended, and 
        section 111(b)(3) of the Economic Cooperation Act of 
        1948, as amended (exclusive of authority relating to 
        informational media guaranties); and \362\
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    \362\ Sec. 5(b)(2) and (3) of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) 
struck out ``.'' and inserted in lieu thereof ``; and'', and added 
subsec. (g).
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          (g) \362\ the term ``local financial institution''--
                  (1) means any bank or financial institution 
                that is organized under the laws of any country 
                or area in which the Corporation operates; but
                  (2) does not include a branch, however 
                organized, of a bank or other financial 
                institution that is organized under the laws of 
                a country in which the Corporation does not 
                operate.
    Sec. 239.\363\ General Provisions and Powers.--(a) The 
Corporation shall have its principal office in the District of 
Columbia and shall be deemed, for purposes of venue in civil 
actions, to be resident thereof.
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    \363\ 22 U.S.C. 2199. Added by sec. 105 of the FA Act of 1969 
(Public Law 91-175).
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    (b) The President shall transfer to the Corporation, at 
such time as he may determine, all obligations, assets and 
related rights and responsibilities arising out of, or related 
to, predecessor programs and authorities similar to those 
provided for in section 234 (a), (b), and (d). Until such 
transfer, the agency heretofore responsible for such 
predecessor programs shall continue to administer such assets 
and obligations, and such programs and activities authorized 
under this title as may be determined by the President.\364\
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    \364\ Sec. 7(1) of Public Law 95-268 (92 Stat. 215) struck out a 
paragraph previously appearing in subsec. (b) that had directed OPIC to 
cease operating the programs authorized by sec. 234(b) through (e) and 
sec. 240.
    A Presidential Determination of Dec. 30, 1969 (35 F.R. 43; January 
3, 1970), provided for AID administration until transfer to the 
Overseas Private Investment Corporation.
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    (c) \365\ (1) The Corporation shall be subject to the 
applicable provisions of chapter 91 of title 31, United States 
Code, except as otherwise provided in this title.
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    \365\ Sec. 11 of the OPIC Amendments Act of 1985 (Public Law 99-
204), amended and restated subsec. (c). It previously read as follows:
    ``(c) The Corporation shall be subject to the applicable provisions 
of the Government Corporation Control Act, except as otherwise provided 
in this title.''.
    Sec. 209(e)(16) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109 
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of 
that Act, as amended, provided that ``* * * each provision of law 
requiring the submittal to Congress (or any committee of the Congress) 
of any annual, semiannual, or other regular periodic report specified 
on the list * * * [prepared by the Clerk of the House of 
Representatives for the first session of the One Hundred Third 
Congress] shall cease to be effective, with respect to that 
requirement, May 15, 2000.''.
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    (2) An independent certified public accountant shall 
perform a financial and compliance audit of the financial 
statements of the Corporation at least once every three years, 
in accordance with generally accepted Government auditing 
standards for a financial and compliance audit, as issued by 
the Comptroller General. The independent certified public 
accountant shall report the results of such audit to the Board. 
The financial statements of the Corporation shall be presented 
in accordance with generally accepted accounting principles. 
These financial statements and the report of the accountant 
shall be included in a report which contains, to the extent 
applicable, the information identified in section 9106 of title 
31, United States Code, and which the Corporation shall submit 
to the Congress not later than six and one-half months after 
the end of the last fiscal year covered by the audit. The 
General Accounting Office \366\ may review the audit conducted 
by the accountant and the report to the Congress in the manner 
and at such times as the General Accounting Office \366\ 
considers necessary.
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    \366\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting 
Office'' as the ``Government Accountability Office'' and provided that 
``Any reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
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    (3) In lieu of the financial and compliance audit required 
by paragraph (2), the Government Accountability Office \366\ 
shall, if the Office considers it necessary or upon the request 
of the Congress, audit the financial statements of the 
Corporation in the manner provided in paragraph (2). The 
Corporation shall reimburse the Government Accountability 
Office \366\ for the full cost of any audit conducted under 
this paragraph.
    (4) All books, accounts, financial records, reports, files, 
workpapers, and property belonging to or in use by the 
Corporation and the accountant who conducts the audit under 
paragraph (2), which are necessary for purposes of this 
subsection, shall be made available to the representatives of 
the Government Accountability Office.\366\
    (d) To carry out the purposes of this title, the 
Corporation is authorized to adopt and use a corporate seal, 
which shall be judicially noticed; to sue and be sued in its 
corporate name; to adopt, amend, and repeal bylaws governing 
the conduct of its business and the performance of the powers 
and duties granted to or imposed upon it by law; to acquire, 
hold or dispose of, upon such terms and conditions as the 
Corporation may determine, any property, real, personal, or 
mixed, tangible or intangible, or any interest therein; to 
invest funds derived from fees and other revenues in 
obligations of the United States and to use the proceeds 
therefrom, including earnings and profits, as it shall deem 
appropriate; to indemnify directors, officers, employees and 
agents of the Corporation for liabilities and expenses incurred 
in connection with their Corporation activities; to require 
bonds of officers, employees, and agents and pay the premiums 
therefor; notwithstanding any other provision of law, to 
represent itself or to contract for representation in all legal 
and arbitral proceedings; to enter into limited-term contracts 
with nationals of the United States for personal services to 
carry out activities in the United States and abroad under 
subsections (d) and (e) of section 234; \367\ to purchase, 
discount, rediscount, sell, and negotiate, with or without its 
endorsement or guaranty, and guarantee notes, participation 
certificates, and other evidence of indebtedness (provided that 
the Corporation shall not issue its own securities, except 
participation certificates for the purpose of carrying out 
section 231(c) or participation certificates as evidence of 
indebtedness held by the Corporation in connection with 
settlement of claims under section 237(i)); \368\ to make and 
carry out such contracts and agreements as are necessary and 
advisable in the conduct of its business; to exercise the 
priority of the Government of the United States in collecting 
debts from bankrupt, insolvent, or decedents' estates; to 
determine the character of and the necessity for its 
obligations and expenditures, and the manner in which they 
shall be incurred, allowed, and paid, subject to provisions of 
law specifically applicable to Government corporations; to 
collect or compromise any obligations assigned to or held by 
the Corporation, including any legal or equitable rights 
accruing to the Corporation; \369\ and to take such actions as 
may be necessary or appropriate to carry out the powers herein 
or hereafter specifically conferred upon it.
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    \367\ Sec. 107 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) inserted ``to enter into limited-term 
contracts with nationals of the United States for personal services to 
carry out activities in the United States and abroad under subsections 
(d) and (e) of section 234;'' after ``legal and arbitral 
proceedings;''.
    \368\ Sec. 7(2) of Public Law 95-268 (92 Stat. 215) inserted ``or 
participation certificates as evidence of indebtedness held by the 
Corporation in connection with settlement of claims under section 
237(i))''.
    \369\ Sec. 8(1) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) inserted ``to collect or compromise any obligations 
assigned to or held by the Corporation, including any legal or 
equitable rights accruing to the Corporation;''.
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    (e) The Inspector General \370\ of the Agency for 
International Development (1) may conduct \371\ reviews, 
investigations, and inspections of all phases of the 
Corporation's operations and activities and (2) shall conduct 
all security activities of the Corporation relating to 
personnel and the control of classified material. With respect 
to his responsibilities under this subsection, the Inspector 
General \370\ shall report to the Board. The agency primarily 
responsible for administering part I shall be reimbursed by the 
Corporation for all expenses incurred by the Inspector General 
\370\ in connection with his responsibilities under this 
subsection.
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    \370\ Sec. 8(2)(A) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1024) struck out ``Auditor-General'' and inserted in 
lieu thereof ``Inspector General''.
    \371\ Sec. 8(2)(B) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1024) struck out ``shall have the responsibility for 
planning and directing the execution of audits,'' and inserted in lieu 
thereof ``may conduct''.
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    (f) \372\, \373\ Except for the provisions of 
this title, no other provision of this or any other law shall 
be construed to prohibit the operation in Yugoslavia, Poland, 
Hungary,\374\ or any other East European country,\375\ or the 
People's Republic of China, or Pakistan \376\ of the programs 
authorized by this title, if the President determines that the 
operation of such program in such country is important to the 
national interest.
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    \372\ Sec. 8(3) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) struck out subsecs. (f), (j), and (k) (subsecs. (j) 
and (k) added by sec. 7(3) of Public Law 95-268), and redesignated 
existing subsecs. (g), (h), (i), and (l) as subsecs. (f), (g), (h), and 
(i), respectively.
    Old subsec. (f) authorized the establishment of an Advisory Board 
in order to further the purposes of OPIC; old subsec. (j) blocked OPIC 
support for copper exploration or mining projects begun after Jan. 1, 
1981, and projects for the production of copper beginning after this 
date if the project would cause injury to the primary U.S. copper 
industry; and old subsec. (k) blocked OPIC support for any project to 
establish or expand production of processing of palm oil, sugar, or 
citrus crops for export.
    \373\ Sec. 104(b) of the FA Act of 1971 (Public Law 92-226) added 
subsec. (f), originally added as subsec. (g). Public Law 96-327 (94 
Stat. 1026) inserted ``the People's Republic of China''. Sec. 108 of 
the OPIC Amendments Act of 1988, S. 2757, enacted into law by reference 
in the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) struck 
out ``Romania''.
    \374\ Sec. 302(a) of the Support for East European Democracy (SEED) 
Act of 1989 (Public Law 101-179; 103 Stat. 1311) inserted reference to 
Hungary and Poland.
    \375\ Sec. 576(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2044), inserted ``or any other East European country''.
    \376\ Sec. 579(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), inserted ``, or Pakistan'' after ``China''. Sec. 579(b) of 
that Act, furthermore, provided the following:
    ``(b) Trade and Development.--It is the sense of Congress that the 
Director of the Trade and Development Agency should use funds made 
available to carry out the provisions of section 661 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2421) to promote United States 
exports to Pakistan.''.
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    (g) \372\, \377\ The requirements of section 
117(c) of this Act relating to environmental impact statements 
and environmental assessments shall apply to any investment 
which the Corporation insures, reinsures, guarantees, or 
finances under this title in connection with a project in a 
country.
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    \377\ Sec. 2(5)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added subsec. (g), originally as subsec. (h). Sec. 4(c) of the 
OPIC Amendments Act of 1985 (Public Law 99-204), restated and amended 
subsec. (g) in its current form. It previously read as follows:
    ``Within six months after the date of enactment of this subsection, 
the Corporation shall develop and implement specific criteria intended 
to minimize the potential environmental implications of projects 
undertaken by investors abroad in accordance with any of the programs 
authorized by this title.''.
    The OPIC Amendments Act of 1988, S. 2757, enacted into law by 
reference in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) 
replaced ``118(c)'' with ``117(c)''.
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    (h) \372\, \378\ In order to carry out the 
policy set forth in paragraph (1) of the second undesignated 
paragraph of section 231 of this Act, the Corporation shall 
prepare and maintain for each investment project it insures, 
finances, or reinsures, a development impact profile consisting 
of data appropriate to measure the projected and actual effects 
of such project on development. Criteria for evaluating 
projects shall be developed in consultation with the Agency for 
International Development.\379\
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    \378\ Sec. 7(3) of Public Law 95-268 (92 Stat. 215) added subsec. 
(h), originally as subsec. (i).
    \379\ This consultative function was transferred to the Director of 
IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 
(establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be 
effective with enactment of the Foreign Affairs Reform and 
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of 
Public Law 105-277; 112 Stat. 2681).
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    (i) \372\, \380\ The Corporation shall take into 
account in the conduct of its programs in a country, in 
consultation with the Secretary of State, all available 
information about observance of and respect for human rights 
and fundamental freedoms in such country and the effect the 
operation of such programs will have on human rights and 
fundamental freedoms in such country. The provisions of section 
116 of this Act shall apply to any insurance, reinsurance, 
guaranty, or loan issued by the Corporation for projects in a 
country, except that in addition to the exception (with respect 
to benefiting needy people) set forth in subsection (a) of such 
section, the Corporation may support a project if the national 
security interest so requires.
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    \380\ Sec. 8 of Public Law 95-268 (92 Stat. 216) added subsec. (i), 
originally as subsec. (l).
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    (j) \381\ The Corporation, including its franchise, 
capital, reserves, surplus, advances, intangible property, and 
income, shall be exempt from all taxation at any time imposed 
by the United States, by any territory, dependency, or 
possession of the United States, or by any State, the District 
of Columbia, or any county, municipality, or local taxing 
authority.
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    \381\ Secs. 12 and 13 of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1674) added subsecs. (j) and (k), respectively.
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    (k) \381\ The Corporation shall publish, and make available 
to applicants for insurance, reinsurance, guarantees, 
financing, or other assistance made available by the 
Corporation under this title, the policy guidelines of the 
Corporation relating to its programs.
    Sec. 240.\382\ Small Business Development.--(a) \383\ In 
General.--The Corporation shall undertake, in cooperation with 
appropriate departments, agencies, and instrumentalities of the 
United States as well as private entities and others, to 
broaden the participation of United States small business, 
cooperatives, and other small United States investors in the 
development of small private enterprise in less developed 
friendly countries or areas. The Corporation shall allocate up 
to 50 percent of its annual net income, after making suitable 
provision for transfers and additions to reserves, to assist 
and facilitate the development of projects consistent with the 
provisions of this section. Such funds may be expended, 
notwithstanding the requirements of section 231(a), on such 
terms and conditions as the Corporation may determine, through 
loans, grants, or other programs authorized by section 234 and 
section 234A.
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    \382\ 22 U.S.C. 2200. Sec. 9 of Public Law 95-268 (92 Stat. 216) 
added this new sec. 240. Previously, sec. 240 had concerned 
agricultural credit and self-help community development projects but 
had been repealed by the FA Act of 1974.
    \383\ Sec. 6(a)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1951) struck out 
``The Corporation'' and inserted in lieu thereof ``(a) In General.--The 
Corporation''.
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    (b) \384\ Outreach to Minority-Owned and Women-Owned 
Businesses.--The Corporation shall collect data on the 
involvement of minority- and women-owned businesses in projects 
supported by the Corporation, including--
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    \384\ Sec. 6(a)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1951) added 
subsec. (b).
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          (1) the amount of insurance and financing provided by 
        the Corporation to such businesses in connection with 
        projects supported by the Corporation; and
          (2) to the extent such information is available, the 
        involvement of such businesses in procurement 
        activities conducted or supported by the Corporation.
The Corporation shall include, in its annual report submitted 
to the Congress under section 240A, the aggregate data 
collected under this paragraph, in such form as to quantify the 
effectiveness of the Corporation's outreach activities to 
minority- and women-owned businesses.
    Sec. 240A.\385\ Reports to the Congress.--(a) \386\ After 
the end of each fiscal year, the Corporation shall submit to 
the Congress a complete and detailed report of its operations 
during such fiscal year. Such report shall include--
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    \385\ 22 U.S.C. 2200a. Sec. 240A, as added by sec. 105 of the FA 
Act of 1969 and amended by sec. 2(7) of Public Law 93-390, was amended 
and restated by sec. 10 of Public Law 95-268 (92 Stat. 216).
    Sec. 914 of the Energy Independence and Security Act of 2007 
(Public Law 110-140; 121 Stat. 1727; 42 U.S.C. 17334) provides the 
following:
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``sec. 914. actions by overseas private investment corporation.
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    ``(a) Sense of Congress.--It is the sense of Congress that the 
Overseas Private Investment Corporation should promote greater 
investment in clean and efficient energy technologies by--
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  ``(1) proactively reaching out to United States companies that are 
interested in investing in clean and efficient energy technologies in 
countries that are significant contributors to global greenhouse gas 
emissions;

  ``(2) giving preferential treatment to the evaluation and awarding of 
projects that involve the investment or utilization of clean and efficient 
energy technologies; and

  ``(3) providing greater flexibility in supporting projects that involve 
the investment or utilization of clean and efficient energy technologies, 
including financing, insurance, and other assistance.
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    ``(b) Report.--The Overseas Private Investment Corporation shall 
include in its annual report required under section 240A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2200a)--
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  ``(1) a description of the activities carried out to implement this 
section; or

  ``(2) if the Corporation did not carry out any activities to implement 
this section, an explanation of the reasons therefor.''.
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    \386\ Sec. 14(a)(1) of the OPIC Amendments Act (Public Law 99-204; 
99 Stat. 1674) inserted ``(a)'' before ``After''.
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          (1) an assessment, based upon the development impact 
        profiles required by section 239(h), of the economic 
        and social development impact and benefits of the 
        projects with respect to which such profiles are 
        prepared, and of the extent to which the operations of 
        Corporation complement or are compatible with the 
        development assistance programs of the United States 
        and other donors; and
          (2) a description of any project for which the 
        Corporation--
                  (A) refused to provide any insurance, 
                reinsurance, guaranty, financing, or other 
                financial support, on account of violations of 
                human rights referred to in section 239(i); or
                  (B) notwithstanding such violations, provided 
                such insurance, reinsurance, guaranty, 
                financing, or financial support, on the basis 
                of a determination (i) that the project will 
                directly benefit the needy people in the 
                country in which the project is located, or 
                (ii) that the national security interest so 
                requires.
    (b) \387\ (1) Each annual report required by subsection (a) 
shall contain projections of the effects on employment in the 
United States of all projects for which, during the preceding 
fiscal year, the Corporation initially issued any insurance, 
reinsurance, or guaranty or made any direct loan. Each such 
report shall include projections of--
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    \387\ Sec. 14(a)(2) of the OPIC Amendments Act (Public Law 99-204; 
99 Stat. 1674) added subsecs. (b) through (e).
    Previously, sec. 9(a)(2) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1024) struck out an earlier subsec. (b), which 
required a one-time report to Congress on the development of private 
and multilateral programs for investment insurance and any reinsurance 
arrangements OPIC had made with private insurance companies, 
multilateral organizations and institutions, or other entities.
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          (A) the amount of United States exports to be 
        generated by those projects, both during the start-up 
        phase and over a period of years;
          (B) the final destination of the products to be 
        produced as a result of those projects; and
          (C) the impact such production will have on the 
        production of similar products in the United States 
        with regard to both domestic sales and exports.
    (2) \388\ The projections required by this subsection shall 
be based on an analysis of each of the projects described in 
paragraph (1).
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    \388\ Sec. 108 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) struck out the former para. (2), and inserted 
new paras. (2) and (3).
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  (3) \388\ In reporting the projections on employment required 
by this subsection, the Corporation shall specify, with respect 
to each project--
          (A) any loss of jobs in the United States caused by 
        the project, whether or not the project itself creates 
        other jobs;
          (B) any jobs created by the project; and
          (C) the country in which the project is located, and 
        the economic sector involved in the project.
No proprietary information may be disclosed under this 
paragraph.
    (c) \389\ * * * [Repealed--1988]
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    \389\ Sec. 110(b)(1) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), struck out subsec. (c). Originally added by 
sec. 14(a)(2) of the OPIC Amendments Act (Public Law 99-204; 99 Stat. 
1674), it had required that OPIC submit to Congress not later than 
December 31, 1987, a report analyzing the actual effects, as of 
September 30, 1986, on employment in the United States of all projects 
with respect to which any insurance, reinsurance, or guaranty issued by 
the Corporation was in effect on September 30, 1986, or with respect to 
which repayments on direct loans by the Corporation were being made as 
of that date.
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    (d) The Corporation shall maintain as part of its records--
          (1) all information collected in preparing the report 
        required by subsection (c) (as in effect before the 
        enactment of the Overseas Private Investment 
        Corporation Amendments Act of 1988),\390\ whether the 
        information was collected by the Corporation itself or 
        by a contractor; and
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    \390\ Sec. 110(b)(2) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), added the parenthetical text following 
``(c)''.
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          (2) a copy of the analysis of each project analyzed 
        in preparing the reports required by either subsection 
        (b) or (c) (as in effect before the enactment of the 
        Overseas Private Investment Corporation Amendments Act 
        of 1988).\390\
    (e) \391\ Each annual report required by subsection (a) 
shall include an assessment of programs implemented by the 
Corporation under section 234A(a), including the following 
information, to the extent such information is available to the 
Corporation:
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    \391\ Sec. 105(b) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), amended Sec. 240A by redesignating subsec. 
(e) as (f) and inserting a new subsec. (e).
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          (1) The nature and dollar value of political risk 
        insurance provided by private insurers in conjunction 
        with the Corporation, which the Corporation was not 
        permitted to provide under this title.
          (2) The nature and dollar value of political risk 
        insurance provided by private insurers in conjunction 
        with the Corporation, which the Corporation was 
        permitted to provide under this title.
          (3) The manner in which such private insurers and the 
        Corporation cooperated in recovery efforts and claims 
        management.
    (f) \391\ Subsections (b) and (e) do not require the 
inclusion in any report submitted pursuant to those subsections 
of any information which would not be required to be made 
available to the public pursuant to section 552 of title 5, 
United States Code (relating to freedom of information).

SEC. 240B.\392\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE 
                    CONTRACTS ON OPIC SUPPORTED EXPORTS.

  (a) Requirement for Certification.--
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    \392\ 22 U.S.C. 2200b. Sec. 109 of the Jobs Through Exports Act of 
1992 (Public Law 102-549; 106 Stat. 3654) added sec. 240B. An earlier 
sec. 240B, struck out by sec. 15 of Public Law 99-204 (99 Stat. 1676), 
addressed the return of appropriated funds by the Corporation to the 
general fund of the Treasury.
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          (1) In general.--Except as provided in paragraph (3), 
        the investor on whose behalf insurance, reinsurance, 
        guaranties, or other financing is provided under this 
        title with respect to a project shall be required to 
        certify to the Corporation that any contract for the 
        export of goods as part of that project will include a 
        clause requiring that United States insurance companies 
        have a fair and open competitive opportunity to provide 
        insurance against risk of loss of such export.
          (2) When certification must be made.--The investor 
        shall be required, in every practicable case, to so 
        certify before the insurance, reinsurance, guarantee, 
        or other financing is provided. In any case in which 
        such a certification is not made in advance, the 
        investor shall include in the certification the reasons 
        for the failure to make a certification in advance.
          (3) Exception.--Paragraph (1) does not apply with 
        respect to an investor who does not, because of the 
        nature of the investment, have a controlling interest 
        in fact in the project in question.
  (b) Reports by the United States Trade Representative.--The 
United States Trade Representative shall review the actions of 
the Corporation under subsection (a) and, after consultation 
with representatives of United States insurance companies, 
shall report to the Congress in the report required by section 
181(b) of the Trade Act of 1974 with respect to such actions.
  (c) Definitions.--For purposes of this section--
          (1) the term ``United States insurance company'' 
        includes--
                  (A) an individual, partnership, corporation, 
                holding company, or other legal entity which is 
                authorized, or in the case of a holding 
                company, subsidiaries of which are authorized, 
                by a State to engage in the business of issuing 
                insurance contracts or reinsuring the risk 
                underwritten by insurance companies; and
                  (B) foreign operations, branches, agencies, 
                subsidiaries, affiliates, or joint ventures of 
                any entity described in subparagraph (A);
          (2) United States insurance companies shall be 
        considered to have had a ``fair and open competitive 
        opportunity to provide insurance'' if they--
                  (A) have received notice of the opportunity 
                to provide insurance; and
                  (B) have been evaluated on a 
                nondiscriminatory basis; and
          (3) the term ``State'' includes the District of 
        Columbia and any commonwealth, territory, or possession 
        of the United States.

             Title V--Disadvantaged Children in Asia \393\

    Sec. 241.\394\ Assistance to Certain Disadvantaged Children 
in Asia.--(a) The Congress recognizes the humanitarian needs of 
disadvantaged children in Asian countries where there has been 
or continues to be a heavy presence of United States military 
and related personnel in recent years. Moreover, the Congress 
finds that inadequate provision has been made for the care and 
welfare of such disadvantaged children, particularly those 
fathered by the United States citizens.
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    \393\ Sec. 116 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 952) struck out the title 
heading ``Development Research'' and added this new heading for title 
V.
    \394\ 22 U.S.C. 2201. This new sec. 241 was added by sec. 116 of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 952). Previously, sec. 241 had contained the 
general authority under title V but was repealed by Public Law 94-161 
(89 Stat. 849).
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    (b) Accordingly, the President is authorized to expend up 
to $3,000,000 \395\ of funds made available under chapter 1 of 
this part, in addition to funds otherwise available for such 
purposes, to help meet the needs of these disadvantaged 
children in Asia by assisting in the expansion and improvement 
of orphanages, hostels, day care centers, school feeding 
programs, and health, education, and welfare programs. 
Assistance provided under this section shall be furnished under 
the auspices of and by international organizations or private 
voluntary agencies operating within, and in cooperation with, 
the countries of Asia where these disadvantaged children 
reside.
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    \395\ Sec. 903(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) struck out 
``$2,000,000'' and inserted in lieu thereof ``$3,000,000''.
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         TITLE VI--MICROENTERPRISE DEVELOPMENT ASSISTANCE \396\

                   Subtitle A--Grant Assistance \397\

SEC. 251.\398\ FINDINGS AND POLICY.

    Congress finds and declares the following:
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    \396\ Sec. 3 of the Microenterprise Results and Accountability Act 
of 2004 (Public Law 108-484; 118 Stat. 3922) added title VI, secs. 251 
through 255. A previous title VI, relating to the Alliance for 
Progress, was added by the Foreign Assistance Act of 1962 (Public Law 
87-565), and repealed by sec. 102(g)(1)(A) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 942).
    \397\ Sec. 4(c)(1) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) 
inserted subtitle heading.
    \398\ 22 U.S.C. 2211.
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          (1) Access to financial services and the development 
        of microenterprise are vital factors in the stable 
        growth of developing countries and in the development 
        of free, open, and equitable international economic 
        systems.
          (2) It is therefore in the best interest of the 
        United States to facilitate access to financial 
        services and assist the development of microenterprise 
        in developing countries.
          (3) Access to financial services and the development 
        of microenterprises can be supported by programs 
        providing credit, savings, training, technical 
        assistance, business development services, and other 
        financial services.
          (4) Given the relatively high percentage of 
        populations living in rural areas of developing 
        countries, and the combined high incidence of poverty 
        in rural areas and growing income inequality between 
        rural and urban markets, microenterprise programs 
        should target both rural and urban poor.
          (5) Microenterprise programs have been successful and 
        should continue to empower vulnerable women in the 
        developing world. The Agency should work to ensure that 
        recipients of microenterprise and microfinance 
        development assistance under this title communicate and 
        work with nongovernmental organizations and government 
        organizations to identify and assist victims of 
        trafficking as provided for in section 106(a)(1) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7104(a)(1); Public Law 106-386) and women who are 
        victims of or susceptible to other forms of 
        exploitation and violence.
          (6) Given that microenterprise programs have been 
        successful in empowering disenfranchised groups such as 
        women, microenterprise programs should also target 
        populations disenfranchised due to race or ethnicity in 
        countries where a strong relationship between poverty 
        and race or ethnicity has been demonstrated, such as 
        countries in Latin America.

SEC. 252.\399\ AUTHORIZATION; IMPLEMENTATION; TARGETED ASSISTANCE.

    (a) Authorization.--The President is authorized to provide 
assistance on a non-reimbursable basis for programs in 
developing countries to increase the availability of credit, 
savings, and other services to microfinance and microenterprise 
clients lacking full access to capital, training, technical 
assistance, and business development services, through--
---------------------------------------------------------------------------
    \399\ 22 U.S.C. 2211a.
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          (1) assistance for the purpose of expanding the 
        availability of credit, savings, and other financial 
        and non-financial services to microfinance and 
        microenterprise clients;
          (2) assistance for the purpose of training, technical 
        assistance, and business development services for 
        microenterprises to enable them to make better use of 
        credit, to better manage their enterprises, to conduct 
        market analysis and product development for expanding 
        domestic and international sales, particularly to 
        United States markets, and to increase their income and 
        build their assets;
          (3) capacity-building for microfinance and 
        microenterprise institutions in order to enable them to 
        better meet the credit, savings, and training needs of 
        microfinance and microenterprise clients; and
          (4) policy, regulatory programs, and research at the 
        country level that improve the environment for 
        microfinance and microenterprise clients and 
        institutions that serve the poor and very poor.
    (b) Implementation.--
          (1) Office of microenterprise development.--There is 
        established within the Agency an office of 
        microenterprise development, which shall be headed by a 
        Director who shall be appointed by the Administrator 
        and who should possess technical expertise and ability 
        to offer leadership in the field of microenterprise 
        development.
          (2) Additional provisions.--
                  (A) Use of implementing partner 
                organizations.--Assistance under this section 
                shall emphasize the use of implementing partner 
                organizations that best meet the requirements 
                of subparagraph (C).
                  (B) Use of central funding mechanisms.--
                          (i) Program.--In order to ensure that 
                        assistance under this title is 
                        distributed effectively and 
                        efficiently, the office shall also seek 
                        to implement a program of central 
                        funding under which assistance is 
                        administered directly by the office, 
                        including through targeted core support 
                        for microfinance and microenterprise 
                        networks and other practitioners.
                          (ii) Funding.--Of the amount made 
                        available to carry out this subtitle 
                        for a fiscal year, not less than 
                        $25,000,000 should be made available to 
                        carry out clause (i).
                  (C) Efficiency and cost-effectiveness.--
                Assistance under this section shall meet high 
                standards of efficiency, cost-effectiveness, 
                and sustainability and shall especially provide 
                the greatest possible resources to the poor and 
                very poor. When administering assistance under 
                this section, the Administrator shall--
                          (i) take into consideration the 
                        percentage of funds a provider of 
                        assistance intends to expend on 
                        administrative costs;
                          (ii) take all appropriate steps to 
                        ensure that the provider of assistance 
                        keeps administrative costs as low as 
                        practicable to ensure the maximum 
                        amount of funds are used for directly 
                        assisting microfinance and 
                        microenterprise clients, for 
                        establishing sustainable microfinance 
                        and microenterprise institutions, or 
                        for advancing the microenterprise 
                        development field; and
                          (iii) give preference to proposals 
                        from providers of assistance that are 
                        the most technically competitive and 
                        have a reasonable allocation to 
                        overhead and administrative costs.
          (3) Approval of strategic plans.--With respect to 
        assistance provided under this section, the office 
        shall be responsible for concurring in the 
        microenterprise development components of strategic 
        plans of missions, bureaus, and other offices of the 
        Agency and providing technical support to field 
        missions to help the missions prepare such components.
    (c) Targeted Assistance.--In carrying out sustainable 
poverty-focused programs under subsection (a), 50 percent of 
all microenterprise resources shall be targeted to clients who 
are very poor. Specifically, until September 30, 2006, such 
resources shall be used for--
          (1) support of programs under this section through 
        practitioner institutions that--
                  (A) provide credit and other financial 
                services to clients who are very poor, with 
                loans in 1995 United States dollars of--
                          (i) $1,000 or less in the Europe and 
                        Eurasia region;
                          (ii) $400 or less in the Latin 
                        America region; and
                          (iii) $300 or less in the rest of the 
                        world; and
                  (B) can cover their costs in a reasonable 
                time period; or
          (2) demand-driven business development programs that 
        achieve reasonable cost recovery that are provided to 
        clients holding poverty loans (as defined by the 
        regional poverty loan limitations in paragraph (1)(A)), 
        whether they are provided by microfinance institutions 
        or by specialized business development services 
        providers.

SEC. 253.\400\ MONITORING SYSTEM.

    (a) In General.--In order to maximize the sustainable 
development impact of assistance authorized under section 
252(a), the Administrator of the Agency, acting through the 
Director of the office, shall strengthen its monitoring system 
to meet the requirements of subsection (b).
---------------------------------------------------------------------------
    \400\ 22 U.S.C. 2211b.
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    (b) Requirements.--The requirements referred to in 
subsection (a) are the following:
          (1) The monitoring system shall include performance 
        goals for the assistance and expresses such goals in an 
        objective and quantifiable form, to the extent 
        feasible.
          (2) The monitoring system shall include performance 
        indicators to be used in measuring or assessing the 
        achievement of the performance goals described in 
        paragraph (1) and the objectives of the assistance 
        authorized under section 252.
          (3) The monitoring system provides a basis for 
        recommendations for adjustments to the assistance to 
        enhance the sustainability and the impact of the 
        assistance, particularly the impact of such assistance 
        on the very poor, particularly poor women.
          (4) The monitoring system adopts the widespread use 
        of proven and effective poverty assessment tools to 
        successfully identify the very poor and ensure that 
        they receive adequate access to microenterprise loans, 
        savings, and assistance.

SEC. 254.\401\ DEVELOPMENT AND CERTIFICATION OF POVERTY MEASUREMENT 
                    METHODS; APPLICATION OF METHODS.

    (a) Development and Certification.--
          (1) In general.--The Administrator of the Agency, in 
        consultation with microenterprise institutions and 
        other appropriate organizations, shall develop no fewer 
        than two low-cost methods for implementing partner 
        organizations to use to assess the poverty levels of 
        their current incoming or prospective clients. The 
        Administrator shall develop poverty indicators that 
        correlate with the circumstances of the very poor.
---------------------------------------------------------------------------
    \401\ 22 U.S.C. 2211c.
---------------------------------------------------------------------------
          (2) Field testing.--The Administrator shall field-
        test the methods developed under paragraph (1). As part 
        of the testing, institutions and programs may use the 
        methods on a voluntary basis to demonstrate their 
        ability to reach the very poor.
          (3) Certification.--Not later than April 1, 2005, the 
        Administrator shall, from among the low-cost poverty 
        measurement methods developed under paragraph (1), 
        certify no fewer than two such methods as approved 
        methods for measuring the poverty levels of current, 
        incoming, or prospective clients of microenterprise 
        institutions for purposes of assistance under section 
        252.
    (b) Application.--The Administrator shall require that, 
with reasonable exceptions, all implementing partner 
organizations applying for microenterprise assistance under 
this title use one of the certified methods, beginning not 
later than October 1, 2006, to determine and report the poverty 
levels of current, incoming, or prospective clients.

SEC. 255.\402\ ADDITIONAL AUTHORITIES.

    Notwithstanding any other provision of law, amounts made 
available for assistance for microenterprise development 
assistance under any provision of law other than this title may 
be provided to further the purposes of this title. To the 
extent assistance described in the preceding sentence is 
provided in accordance with such sentence, the Administrator of 
the Agency shall include, as part of the report required under 
section 258, a detailed description of such assistance and, to 
the extent applicable, the information required by paragraphs 
(1) through (11) of subsection (b) of such section with respect 
to such assistance.
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    \402\ 22 U.S.C. 2211d.
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                  Subtitle B--Credit Assistance \403\

SEC. 256.\404\ MICROENTERPRISE DEVELOPMENT CREDITS.

    (a) Findings and Policy.--Congress finds and declares 
that--
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    \403\ Sec. 4(c)(2) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) 
inserted subtitle heading.
    \404\ 22 U.S.C. 2212. Formerly at sec. 108 (22 U.S.C. 2151f), 
transferred and redesignated as sec. 256 by sec. 4(a) and (b) of the 
Microenterprise Results and Accountability Act of 2004 (Public Law 108-
484; 118 Stat. 3922). Other legislative references in this note, 
enacted prior to transfer and redesignation, refer to sec. 108.
    Formerly titled ``Private Sector Revolving Fund''; amended and 
restated by sec. 106 of the Microenterprise for Self-Reliance Act of 
2000 (title I of Public Law 106-309; 114 Stat. 1085) to read ``MICRO- 
AND SMALL ENTERPRISE DEVELOPMENT CREDITS''. Subsequently amended by 
sec. 2(f) of Public Law 108-31 (117 Stat. 775) to read 
``MICROENTERPRISE DEVELOPMENT CREDITS''. Earlier versions of the 
section were added by the International Security and Development 
Assistance Authorization Act of 1983 (sec. 101(b)(2) of the Further 
Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972), and 
by sec. 2211 of the Omnibus Trade and Competitiveness Act of 1988 
(Public Law 100-418; 102 Stat. 1335). Previously, the section 
authorized up to $18,000,000 in each of fiscal year 1986 and fiscal 
year 1987 to be deposited in the Private Sector Revolving Fund.
    Sec. 4 of Public Law 108-31 (117 Stat. 775; 22 U.S.C. 2151f note), 
as amended, provided the following:
---------------------------------------------------------------------------

``sec. 4. report to congress.

  ``Not later than September 30, 2005, the Administrator of the United 
States Agency for International Development shall submit to Congress a 
report that documents the process of developing and applying poverty 
assessment procedures with its partners.''.

          (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 access to financial 
        services and the development of microenterprises \405\ 
        in developing countries and to engage the United States 
        private sector in that process.
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    \405\ Sec. 2(a) of Public Law 108-31 (117 Stat. 775) struck out 
``the development of the enterprises of the poor'' and inserted in lieu 
thereof ``the access to financial services and the development of 
microenterprises''.
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    (b) \406\ Program.--To carry out the policy set forth in 
subsection (a), the President is authorized to provide 
assistance to increase the availability of financial services 
to microenterprise households lacking full access to credit, 
including through--
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    \406\ Sec. 2(b) of Public Law 108-31 (117 Stat. 775) amended and 
restated subsec. (b). It formerly read as follows:
    ``(b) Program.--To carry out the policy set forth in subsection 
(a), 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.''.

          (1) loans and guarantees to microfinance institutions 
        for the purpose of expanding the availability of 
        savings and credit to poor and low-income households;
          (2) training programs for microfinance institutions 
        in order to enable them to better meet the financial 
        services needs of their clients; and
          (3) training programs for clients in order to enable 
        them to make better use of credit, increase their 
        financial literacy, and to better manage their 
        enterprises to improve their quality of life.
    (c) Eligibility Criteria.--The Administrator of the Agency 
\407\ shall establish criteria for determining which 
microfinance institutions \408\ described in subsection (b)(1) 
are eligible to carry out activities, with respect to 
microenterprise households,\409\ assisted under this section. 
Such criteria may include the following:
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    \407\ Sec. 4(c)(3)(A) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``Administrator of the agency primarily responsible for 
administering this part'' and inserted in lieu thereof ``Administrator 
of the Agency''.
    \408\ Sec. 2(c)(1)(A) of Public Law 108-31 (117 Stat. 775) struck 
out ``credit institutions'' and inserted in lieu thereof ``microfinance 
institutions''.
    \409\ Sec. 2(c)(1)(B) of Public Law 108-31 (117 Stat. 775) struck 
out ``micro- and small enterprises'' and inserted in lieu thereof 
``microenterprise households''.
---------------------------------------------------------------------------
          (1) The extent to which the recipients of financial 
        services \410\ from the entity do not have access to 
        the local formal financial sector.
---------------------------------------------------------------------------
    \410\ Sec. 2(c)(2) of Public Law 108-31 (117 Stat. 775) struck out 
``credit'' and inserted in lieu thereof ``financial services''.
---------------------------------------------------------------------------
          (2) The extent to which the recipients of financial 
        services \410\ 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 programs for 
microenterprise households \411\ and may not be used to support 
programs not directly related to the purposes described in 
subsection (b).
---------------------------------------------------------------------------
    \411\ Sec. 2(d) of Public Law 108-31 (117 Stat. 775) struck out 
``micro- and small enterprise programs'' and inserted in lieu thereof 
``programs for microenterprise households''.
---------------------------------------------------------------------------
    (e) Procurement Provision.--Assistance may be provided 
under this section without regard to section 604(a).
    (f) Availability of Funds.--
          (1) In general.--Of the amounts authorized to be 
        available to carry out this part,\412\ there are 
        authorized to be available such sums as may be 
        necessary for each of the fiscal years 2005 through 
        2009 \413\ to carry out this section.\414\
---------------------------------------------------------------------------
    \412\ Sec. 4(c)(3)(B)(i) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``section 131'' and inserted in lieu thereof ``this part''.
    \413\ Sec. 4(c)(3)(B)(ii) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``$1,500,000 for each of fiscal years 2001 through 2004'' and 
inserted in lieu thereof ``such sums as may be necessary for each of 
the fiscal years 2005 through 2009''.
    Previously, sec. 2(e) of Public Law 108-31 (117 Stat. 775) struck 
out ``for each of fiscal years 2001 and 2002'' and inserted in lieu 
thereof ``for each of fiscal years 2001 through 2004''.
    \414\ Title III of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 845), provides the following:
---------------------------------------------------------------------------

``development credit authority

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading `Assistance 
for Europe, Eurasia and Central Asia': Provided, That funds provided 
under this paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made available 
only for micro and small enterprise programs, urban programs, and other 
programs which further the purposes of part I of such Act: Provided 
further, That such costs, including the cost of modifying such direct 
and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading: Provided further, That these funds are available to 
subsidize total loan principal, any portion of which is to be 
guaranteed, of up to $700,000,000.
    ``In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to, and merged with, 
funds made available under the heading `Operating Expenses' in title II 
of this Act: Provided, That funds made available under this heading 
shall remain available until September 30, 2011.''.
    Sec. 306 of H.R. 1486, as reported by the Committee on 
International Relations, May 9, 1997 (H. Rept. 105-94), sought to amend 
the Foreign Assistance Act of 1961 by adding a new sec. 107A to 
establish the President's authority to use development credit authority 
where recipients would otherwise not have access to such credit and 
that credit would be in keeping with U.S. development purposes. Sec. 
107A(d), as referred to in the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2005, would have provided the 
following, if enacted:
    ``(d) General Provisions Applicable to Development Credit 
Authority.--
---------------------------------------------------------------------------

  ``(1) Policy provisions.--In providing the credit assistance authorized 
by this section, the President should apply, as appropriate, the policy 
provisions in this part applicable to development assistance activities.

  ``(2) Default and procurement provisions.--

  ``(A) Default provision.--The provisions of section 620(q) of this Act, 
or any comparable provisions of law, shall not be construed to prohibit 
assistance to a country in the event that a private sector recipient of 
assistance furnished under this section is in default in its payment to the 
United States for the period specified in such section.

  ``(B) Procurement provision.--Assistance may be provided under this 
section without regard to section 604(a) of this Act.

  ``(3) Terms and conditions of credit assistance.--(A) Assistance provided 
under this section shall be offered on such terms and conditions, including 
fees charged, as the President may determine.

  ``(B) The principal amount of loans made or guaranteed under this section 
in any fiscal year, with respect to any single country or borrower, may not 
exceed $100,000,000.

  ``(C) No payment may be made under any guarantee issued under this 
section for any loss arising out of fraud or misrepresentation for which 
the party seeking payment is responsible.

  ``(4) Full faith and credit.--All guarantees issued under this section 
shall constitute obligations, in accordance with the terms of such 
guarantees, of the United States of America and the full faith and credit 
of the United States of America is hereby pledged for the full payment and 
performance of such obligations to the extent of the guarantee.

  ``(5) Co-financing and risk sharing.--

  ``(A) In general.--(i) Assistance provided under this section shall be in 
the form of co-financing or risk sharing.

  ``(ii) Credit assistance may not be provided to a borrower under this 
section unless the Administrator of the United States Agency for 
International Development determines that there are reasonable prospects of 
repayment by such borrower.

  ``(B) Additional requirement.--The investment or risk of the United 
States in any one development activity may not exceed 80 percent of the 
total outstanding investment or risk.

  ``(6) Eligible borrowers.--

  ``(A) In general.--In order to be eligible to receive credit assistance 
under this section, a borrower shall be sufficiently credit worthy so that 
the estimated costs (as defined in section 502 of the Federal Credit Reform 
Act of 1990) of the proposed credit assistance for the borrower does not 
exceed 30 percent of the principal amount of credit assistance to be 
received.

  ``(B) Additional requirement.--(i) In addition, with respect to the 
eligibility of foreign governments as an eligible borrowers under this 
section, the Administrator of the United States Agency for International 
Development shall make a determination that the additional debt of the 
government will not exceed the debt repayment capacity of the government.

  ``(ii) In making the determination under clause (i), the Administrator 
shall consult, as appropriate, with international financial institutions 
and other institutions or agencies that assess debt service capacity.

  ``(7) Assessment of credit risk.--(A) The Administrator of the United 
States Agency for International Development shall use the Interagency 
Country Risk Assessment System (ICRAS) and the methodology approved by the 
Office of Management and Budget to assess the cost of risk credit 
assistance provided under this section to foreign governments.

  ``(B) With respect to the provision of credit to nongovernmental 
organizations, the Administrator--

  ``(i) shall consult with appropriate private sector institutions, 
including the two largest United States private sector debt rating 
agencies, prior to establishing the risk assessment standards and 
methodologies to be used; and

  ``(ii) shall periodically consult with such institutions in reviewing the 
performance of such standards and methodologies.

  ``(C) In addition, if the anticipated share of financing attributable to 
public sector owned or controlled entities, including the United States 
Agency for International Development, exceeds 49 percent, the Administrator 
shall determine the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990) of such assistance by using the cost and risk 
assessment determinations of the private sector co-financing entities.

  ``(8) Use of united states technology, firms, and equipment.--Activities 
financed under this section shall, to the maximum extent practicable, use 
or employ United States technology, firms, and equipment.''.

          (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 502(5) of the Federal Credit Reform Act of 
        1990, for activities under this section.

       Subtitle C--United States Microfinance Loan Facility \415\

SEC. 257.\416\ UNITED STATES MICROFINANCE LOAN FACILITY.

    (a) Establishment.--The Administrator is authorized to 
establish a United States Microfinance Loan Facility (in this 
section referred to as the ``Facility'') to pool and manage the 
risk from natural disasters, war or civil conflict, national 
financial crisis, or short-term financial movements that 
threaten the long-term development of United States-supported 
microfinance institutions.
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    \415\ Sec. 5(c)(1) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) added 
subtitle designation.
    \416\ 22 U.S.C. 2213. Added by sec. 107(a) of the Microenterprise 
for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 
1086) as sec. 132 (22 U.S.C. 2152b). Transferred and redesignated as 
sec. 257 by sec. 5(a) and (b) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922).
    Sec. 107(b) of Public Law 106-309 provided the following:
    ``(b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Administrator of the United States Agency 
for International Development shall submit to the Committee on Foreign 
Relations of the Senate and the committee on International Relations of 
the House of Representatives a report on the policies, rules, and 
regulations of the United States Microfinance Loan Facility, 
established under section 132 of the Foreign Assistance Act of 1961, as 
added by subsection (a).''.
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    (b) Disbursements.--
          (1) In general.--The Administrator shall make 
        disbursements from the Facility to United States-
        supported microfinance institutions to prevent the 
        bankruptcy of such institutions caused by--
                  (A) natural disasters;
                  (B) national wars or civil conflict; or
                  (C) national financial crisis or other short-
                term financial movements that threaten the 
                long-term development of United States-
                supported microfinance institutions.
          (2) Form of assistance.--Assistance under this 
        section shall be in the form of loans or loan 
        guarantees for microfinance institutions that 
        demonstrate the capacity to resume self-sustained 
        operations within a reasonable time period.
          (3) Congressional notification procedures.--During 
        each of the fiscal years 2005 through 2009,\417\ funds 
        may not be made available from the Facility until 15 
        days after notification of the proposed availability of 
        the funds has been provided to the congressional 
        committees specified in section 634A in accordance with 
        the procedures applicable to reprogramming 
        notifications under that section.
---------------------------------------------------------------------------
    \417\ Sec. 5(c)(2)(A) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``2001 and 2002'' and inserted in lieu thereof ``2005 through 
2009''.
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    (c) General Provisions.--
          (1) Policy provisions.--In providing the credit 
        assistance authorized by this section, the 
        Administrator should apply, as appropriate, the policy 
        provisions in this part that are applicable to 
        development assistance activities.
          (2) Default and procurement provisions.--
                  (A) Default provision.--The provisions of 
                section 620(q), or any comparable provision of 
                law, shall not be construed to prohibit 
                assistance to a country in the event that a 
                private sector recipient of assistance 
                furnished under this section is in default in 
                its payment to the United States for the period 
                specified in such section.
                  (B) Procurement provision.--Assistance may be 
                provided under this section without regard to 
                section 604(a).
          (3) Terms and conditions of credit assistance.--
                  (A) In general.--Credit assistance provided 
                under this section shall be offered on such 
                terms and conditions, including fees charged, 
                as the Administrator may determine.
                  (B) Limitation on principal amount of 
                financing.--The principal amount of loans made 
                or guaranteed under this section in any fiscal 
                year, with respect to any single event, may not 
                exceed $30,000,000.
                  (C) Exception.--No payment may be made under 
                any guarantee issued under this section for any 
                loss arising out of fraud or misrepresentation 
                for which the party seeking payment is 
                responsible.
          (4) Full faith and credit.--All guarantees issued 
        under this section shall constitute obligations, in 
        accordance with the terms of such guarantees, of the 
        United States of America, and the full faith and credit 
        of the United States of America is hereby pledged for 
        the full payment and performance of such obligations to 
        the extent of the guarantee.
    (d) \418\ Funding.--
---------------------------------------------------------------------------
    \418\ Sec. 5(c)(2)(C) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out subsec. (e), which had provided definitions applicable to the 
section.
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          (1) Allocation of funds.--Of the amounts made 
        available to carry out this part for each of the fiscal 
        years 2005 through 2009, such sums as may be necessary 
        \419\ may be made available for--
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    \419\ Sec. 5(c)(2)(B) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``this part for the fiscal year 2001, up to $5,000,000'' and 
inserted in lieu thereof ``this part for each of the fiscal years 2005 
through 2009, such sums as may be necessary''.
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                  (A) the subsidy cost, as defined in section 
                502(5) of the Federal Credit Reform Act of 
                1990, to carry out this section; and
                  (B) the administrative costs to carry out 
                this section.
          (2) Relation to other funding.--Amounts made 
        available under paragraph (1) are in addition to 
        amounts available under any other provision of law to 
        carry out this section.

               Subtitle D--Miscellaneous Provisions \420\

SEC. 258.\421\ REPORT.

    (a) In General.--Not later than June 30, 2006, and each 
June 30 thereafter, the Administrator of the Agency, acting 
through the Director of the office, shall submit to the 
appropriate congressional committees a report that contains a 
detailed description of the implementation of this title for 
the previous fiscal year.
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    \420\ Sec. 6 of the Microenterprise Results and Accountability Act 
of 2004 (Public Law 108-484; 118 Stat. 3922) added subtitle D, secs. 
258 and 259.
    \421\ 22 U.S.C. 2214.
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    (b) Contents.--The report shall contain the following:
          (1) The number of grants, cooperative agreements, 
        contracts, contributions, or other form of assistance 
        provided under section 252, with a listing of--
                  (A) the amount of each grant, cooperative 
                agreement, contract, contribution, or other 
                form of assistance;
                  (B) the name of each recipient and each 
                developing country with respect to which 
                projects or activities under the grant, 
                cooperative agreement, contract, contribution, 
                or other form of assistance were carried out; 
                and
                  (C) a listing of the number of countries 
                receiving assistance authorized by section 252.
          (2) The results of the monitoring system required 
        under section 253.
          (3) The process of developing and applying poverty 
        assessment procedures required under section 254.
          (4) The percentage of assistance furnished under 
        section 252 that was allocated to the very poor based 
        on the data collected using the certified methods 
        required by section 254.
          (5) The estimated number of the very poor reached 
        with assistance provided under section 252.
          (6) The amount of assistance provided under section 
        252 through central mechanisms.
          (7) The name of each country that receives assistance 
        under section 256 and the amount of such assistance.
          (8) Information on the efforts of the Agency to 
        ensure that recipients of United States microenterprise 
        and microfinance development assistance work closely 
        with nongovernmental organizations and foreign 
        governments to identify and assist victims or potential 
        victims of severe forms of trafficking in persons and 
        women who are victims of or susceptible to other forms 
        of exploitation and violence.
          (9) Any additional information relating to the 
        provision of assistance authorized by this title, 
        including the use of the poverty measurement tools 
        required by section 254, or additional information on 
        assistance provided by the United States to support 
        microenterprise development under this title or any 
        other provision of law.
          (10) An estimate of the percentage of beneficiaries 
        of assistance under this title in countries where a 
        strong relationship between poverty and race or 
        ethnicity has been demonstrated.
          (11) The level of funding provided through contracts, 
        the level of funding provided through grants, 
        contracts, and cooperative agreements that is estimated 
        to be subgranted or subcontracted, as the case may be, 
        to direct service providers, and an analysis of the 
        comparative cost-effectiveness and sustainability of 
        projects carried out under these mechanisms.
    (c) Availability to Public.--The report required by this 
section shall be made available to the public on the Internet 
website of the Agency.

SEC. 259.\422\ DEFINITIONS.

    In this title:
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    \422\ 22 U.S.C. 2214a.
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          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Agency.
          (2) Agency.--The term ``Agency'' means the United 
        States Agency for International Development.
          (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
          (4) 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 related services.
          (5) Director.--The term ``Director'' means the 
        Director of the office.
          (6) Implementing partner organization.--The term 
        ``implementing partner organization'' means an entity 
        eligible to receive assistance under this title which 
        is--
                  (A) a United States or an indigenous private 
                voluntary organization;
                  (B) a United States or an indigenous credit 
                union;
                  (C) a United States or an indigenous 
                cooperative organization;
                  (D) an indigenous governmental or 
                nongovernmental organization;
                  (E) a microenterprise institution;
                  (F) a microfinance institution; or
                  (G) a practitioner institution.
          (7) Microenterprise institution.--The term 
        ``microenterprise institution'' means a not-for-profit 
        entity that provides services, including microfinance, 
        training, or business development services, for 
        microenterprise clients in foreign countries.
          (8) Microfinance institution.--The term 
        ``microfinance institution'' means a not-for-profit 
        entity or a regulated financial intermediary that 
        directly provides, or works to expand, the availability 
        of credit, savings, and other financial services to 
        microfinance and microenterprise clients in foreign 
        countries.
          (9) Microfinance network.--The term ``microfinance 
        network'' means an affiliated group of practitioner 
        institutions that provides services to its members, 
        including financing, technical assistance, and 
        accreditation, for the purpose of promoting the 
        financial sustainability and societal impact of 
        microenterprise assistance.
          (10) Office.--The term ``office'' means the office of 
        microenterprise development established under section 
        252(b)(1).
          (11) Practitioner institution.--The term 
        ``practitioner institution'' means a not-for-profit 
        entity or a regulated financial intermediary, including 
        a microfinance network, that provides services, 
        including microfinance, training, or business 
        development services, for microfinance and 
        microenterprise clients, or provides assistance to 
        microenterprise institutions in foreign countries.
          (12) Private voluntary organization.--The term 
        ``private voluntary organization'' means a not-for-
        profit entity that--
                  (A) engages in and supports activities of an 
                economic or social development or humanitarian 
                nature for citizens in foreign countries; and
                  (B) is incorporated as such under the laws of 
                the United States, including any of its states, 
                territories or the District of Columbia, or of 
                a foreign country.
          (13) United states-supported microfinance 
        institution.--The term ``United States-supported 
        microfinance institution'' means a financial 
        intermediary that has received funds made available 
        under this part for fiscal year 1980 or any subsequent 
        fiscal year.
          (14) Very poor.--The term ``very poor'' means those 
        individuals--
                  (A) living in the bottom 50 percent below the 
                poverty line established by the national 
                government of the country in which those 
                individuals live; or
                  (B) living on less than the equivalent of $1 
                per day (as calculated using the purchasing 
                power parity (PPP) exchange rate method).

     Title VII--Evaluation of Programs \423\ * * * [Repealed--1978]

Title VIII--Southeast Asia Multilateral and Regional Programs \424\ * * 
                           * [Repealed--1978]

 Title IX--Utilization of Democratic Institutions in Development \425\

    Sec. 281.\426\ Utilization of Democratic Institutions in 
Development.--(a) \427\ In carrying out programs authorized in 
this chapter and chapter 1,\428\ emphasis shall be placed on 
assuring maximum participation in the task of economic 
development on the part of the people of the developing 
countries, through the encouragement of democratic private and 
local governmental institutions.
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    \423\ Title VII, as added by the FA Act of 1963 (Public Law 88-
205), was repealed by sec. 102(g)(1)(A) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 942).
    \424\ Title VIII, as added by the FA Act of 1966 (Public Law 89-
583), was repealed by sec. 102(g)(1)(A) of the International 
Development and Food Assistance Act of 1978 (92 Stat. 942).
    \425\ Sec. 106 of the FA Act of 1966 (Public Law 89-583) added 
title IX.
    \426\ 22 U.S.C. 2218. Sec. 106 of the FA Act of 1966 (Public Law 
89-583) added sec. 281.
    \427\ Sec. 108 of the FA Act of 1967 (Public Law 90-137) inserted 
subsec. designation ``(a)'' and added subsecs. (b), (c) and (d).
    \428\ Sec. 102(g)(2)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted ``and 
chapter 1''.
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    (b) \427\ In order to carry out the purposes of this title, 
programs under this chapter and chapter 1 \428\ shall--
          (1) recognize the differing needs, desires, and 
        capacities of the people of the respective developing 
        countries and areas;
          (2) use the intellectual resources of such countries 
        and areas in conjunction with assistance provided under 
        this Act so as to encourage the development of 
        indigenous institutions that meet their particular 
        requirements for sustained economic and social 
        progress; and
          (3) support civic education and training in skills 
        required for effective participation in governmental 
        and political processes essential to self-government.
    (c) \427\ In the allocation of funds for research under 
this chapter and chapter 1,\428\ emphasis shall be given to 
research designed to examine the political, social, and related 
obstacles to development in countries receiving assistance 
under part I of this Act. In particular, emphasis should be 
given to research designed to increase understanding of the 
ways in which development assistance can support democratic, 
social and political trends in recipient countries.\429\
---------------------------------------------------------------------------
    \429\ Sec. 106(a) of the FA Act of 1968 (Public Law 90-554) added 
the last sentence.
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    (d) \427\ Emphasis shall also be given to the evaluation of 
relevant past and current programs under part I of this Act and 
to applying this experience so as to strengthen their 
effectiveness in implementing the objectives of this title.
    (e) \430\ In order to carry out the purposes of this title, 
the agency primarily responsible for administering part I of 
this Act, shall develop systematic programs of inservice 
training to familiarize its personnel with the objectives of 
this title and to increase their knowledge of the political and 
social aspects of development. In addition to other funds 
available for such purposes, not to exceed 1 per centum of the 
funds authorized to be appropriated for grant assistance under 
this chapter and chapter 1 \428\ may be used for carrying out 
the objectives of this subsection.
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    \430\ Sec. 106(b) of the FA Act of 1968 (Public Law 90-554) added 
subsec. (e).
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Title X--Programs Relating to Population Growth \431\ * * * [Repealed--
                                 1978]

 Title XI--Food Production Targets and Reports \432\ * * * [Repealed--
                                 1978]

       Title XII--Famine Prevention and Freedom From Hunger \433\

    Sec. 296.\433\ General Provisions.--(a) \434\ The Congress 
declares that, in order to achieve the mutual goals among 
nations of ensuring food security, human health, agricultural 
growth, trade expansion, and the wise and sustainable use of 
natural resources, the United States should mobilize the 
capacities of the United States land-grant universities, other 
eligible universities, and public and private partners of 
universities in the United States and other countries, 
consistent with sections 103 and 103A of this Act, for: (1) 
global research on problems affecting food, agriculture, 
forestry, and fisheries; (2) improved human capacity and 
institutional resource development for the global application 
of agricultural and related environmental sciences; (3) 
agricultural development and trade research and extension 
services in the United States and other countries to support 
the entry of rural industries into world markets; and (4) 
providing for the application of agricultural sciences to 
solving food, health, nutrition, rural income, and 
environmental problems, especially such problems in low-income, 
food deficit countries.
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    \431\ Title X, as added by the FA Act of 1967, was repealed by sec. 
104(b) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 947).
    \432\ Title XI, as added by the FA Act of 1967, was repealed by 
sec. 502(d)(1) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 959).
    \433\ 22 U.S.C. 2220a. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added title XII and new sec. 296.
    \434\ Sec. 2(a)(1) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) amended 
and restated the first sentence of subsec. (a). The sentence formerly 
read as follows:
    ``The Congress declares that, in order to prevent famine and 
establish freedom from hunger, the United States should strengthen the 
capacities of the United States land-grant and other eligible 
universities in program-related agricultural institutional development 
and research, consistent with sections 103 and 103A, should improve 
their participation in the United States Government's international 
efforts to apply more effective agricultural sciences to the goal of 
increasing world food production, and in general should provide 
increased and longer term support to the application of science to 
solving food and nutrition problems of the developing countries.''.
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    The Congress so declares because it finds--
          (A) \435\ that the establishment, endowment, and 
        continuing support of land-grant universities in the 
        United States by Federal, State, and county governments 
        has led to agricultural progress with and through the 
        private sector in this country and to understanding 
        processes of economic development; \436\
---------------------------------------------------------------------------
    \435\ Sec. 2(a)(2)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) 
redesignated paras. (1) through (7) as subparas. (A) through (G), 
respectively. Sec. 2(a)(2)(E) of that Act struck out newly redesignated 
subparas. (E) and (G), which had read as follows:
    ``(E) that research, teaching, and extension activities, and 
appropriate institutional development therefor are prime factors in 
increasing agricultural production abroad (as well as in the United 
States) and in improving food distribution, storage, and marketing;''
---------------------------------------------------------------------------

and
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    ``(G) that universities need a dependable source of Federal 
funding, as well as other financing, in order to expand, or in some 
cases to continue, their efforts to assist in increasing agricultural 
production in developing countries.''.
    \436\ Sec. 2(a)(2)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) 
struck out ``in this country'' and inserted in lieu thereof ``with and 
through the private sector in this country and to understanding 
processes of economic development''.
---------------------------------------------------------------------------
          (B) \437\ that land-grant and other universities in 
        the United States have demonstrated over many years 
        their ability to cooperate with international agencies, 
        educational and research institutions in other 
        countries, the private sector, and nongovernmental 
        organizations worldwide, in expanding global 
        agricultural production, processing, business and 
        trade, to the benefit of aid recipient countries and of 
        the United States;
---------------------------------------------------------------------------
    \437\ Sec. 2(a)(2)(C) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) 
amended and restated subpara. (B). It formerly read as follows:
    ``(B) that land-grant and other universities in the United States 
have demonstrated over many years their ability to cooperate with 
foreign agricultural institutions in expanding indigenous food 
production for both domestic and international markets;''.
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          (C) \438\ that, in a world of growing populations 
        with rising expectations, increased food production and 
        improved distribution, storage, and marketing in the 
        developing countries is necessary not only to prevent 
        hunger and ensure human health and child survival, but 
        to build the basis for economic growth and trade, and 
        the social security in which democracy and a market 
        economy can thrive, and moreover, that the greatest 
        potential for increasing world food supplies and 
        incomes to purchase food is in the developing countries 
        where the gap between food need and food supply is the 
        greatest and current incomes are lowest;
---------------------------------------------------------------------------
    \438\ Sec. 2(a)(2)(D) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
amended and restated subpara. (C). It formerly read as follows:
    ``(C) that, in a world of growing population with rising 
expectations, increased food production and improved distribution, 
storage, and marketing in the developing countries is necessary not 
only to prevent hunger but to build the economic base for growth, and 
moreover, that the greatest potential for increasing world food 
supplies is in the developing countries where the gap between food need 
and food supply is the greatest and current yields are lowest;''.
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          (D) \435\ that increasing and making more secure the 
        supply of food is of greatest benefit to the poorest 
        majority in the developing world;
          (E) \439\ that, with expanding global markets and 
        increasing imports into many countries, including the 
        United States, food safety and quality, as well as 
        secure supply, have emerged as mutual concerns of all 
        countries;
---------------------------------------------------------------------------
    \439\ Sec. 2(a)(2)(H) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
added subparas. (E) and (F).
---------------------------------------------------------------------------
          (F) \439\ that research, teaching, and extension 
        activities, and appropriate institutional and policy 
        development therefore are prime factors in improving 
        agricultural production, food distribution, processing, 
        storage, and marketing abroad (as well as in the United 
        States);
          (G) \440\ moreover, that agricultural research abroad 
        has in the past and will continue in the future to 
        provide benefits for agriculture and the broader 
        economy of the United States and that increasing the 
        availability of food of higher nutritional quality is 
        of benefit to all; \441\
---------------------------------------------------------------------------
    \440\ Sec. 2(a)(2)(F) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
struck out ``and'' at the end of this subpara.; subpara. (G) of that 
sec. redesignated this subpara. as subpara. (G).
    \441\ Sec. 2(a)(2)(I) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
struck out ``in the United States'' and inserted in lieu thereof ``and 
the broader economy of the United States''.
---------------------------------------------------------------------------
          (H) \442\ that there is a need to responsibly manage 
        the world's agricultural and natural resources for 
        sustained productivity, health and resilience to 
        climate variability; and
---------------------------------------------------------------------------
    \442\ Sec. 2(a)(2)(J) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
added subparas. (H) and (I).
---------------------------------------------------------------------------
          (I) \442\ that universities and public and private 
        partners of universities need a dependable source of 
        funding in order to increase the impact of their own 
        investments and those of their State governments and 
        constituencies, in order to continue and expand their 
        efforts to advance agricultural development in 
        cooperating countries, to translate development into 
        economic growth and trade for the United States and 
        cooperating countries, and to prepare future teachers, 
        researchers, extension specialists, entrepreneurs, 
        managers, and decisionmakers for the world economy.
    (b) \443\ Accordingly, the Congress declares that, in order 
to prevent famine and establish freedom from hunger, the 
following components must be brought together in a coordinated 
program to increase world food and fiber production, 
agricultural trade, and responsible management of natural 
resources, including--
---------------------------------------------------------------------------
    \443\ Sec. 2(b) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) amended 
and restated subsec. (b). It formerly read as follows:
    ``(b) Accordingly, the Congress declares that, in order to prevent 
famine and establish freedom from hunger, various components must be 
brought together in order to increase world food production, 
including--
---------------------------------------------------------------------------

  ``(1) strengthening the capabilities of universities to assist in 
increasing agricultural production in developing countries;

  ``(2) institution-building programs for development of national and 
regional agricultural research and extension capacities in developing 
countries which need assistance;

  ``(3) international agricultural research centers;

  ``(4) contract research; and

  ``(5) research program grants.''.

          (1) continued efforts by the international 
        agricultural research centers and other international 
        research entities to provide a global network, 
        including United States universities, for international 
        scientific collaboration on crops, livestock, forests, 
        fisheries, farming resources, and food systems of 
        worldwide importance;
          (2) contract research and the implementation of 
        collaborative research support programs and other 
        research collaboration led by United States 
        universities, and involving research systems in other 
        countries focused on crops, livestock, forests, 
        fisheries, farming resources, and food systems, with 
        benefits to the United States and partner countries;
          (3) broadly disseminating the benefits of global 
        agricultural research and development including 
        increased benefits for United States agriculturally 
        related industries through establishment of development 
        and trade information and service centers, for rural as 
        well as urban communities, through extension, 
        cooperatively with, and supportive of, existing public 
        and private trade and development related 
        organizations;
          (4) facilitation of participation by universities and 
        public and private partners of universities in programs 
        of multilateral banks and agencies which receive United 
        States funds;
          (5) expanding learning opportunities about global 
        agriculture for students, teachers, community leaders, 
        entrepreneurs, and the general public through 
        international internships and exchanges, graduate 
        assistantships, faculty positions, and other means of 
        education and extension through long-term recurring 
        Federal funds matched by State funds; and
          (6) competitive grants through universities to United 
        States agriculturalists and public and private partners 
        of universities from other countries for research, 
        institution and policy development, extension, 
        training, and other programs for global agricultural 
        development, trade, and responsible management of 
        natural resources.
    (c) The United States should--
          (1) effectively involve the United States land-grant 
        and other eligible universities more extensively in 
        each of the program components described in paragraphs 
        (1) through (6) of subsection (b); \444\
---------------------------------------------------------------------------
    \444\ Sec. 2(c)(1) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) struck out 
``each component'' and inserted in lieu thereof ``each of the program 
components described in paragraphs (1) through (6) of subsection (b)''.
---------------------------------------------------------------------------
          (2) provide mechanisms for the universities and 
        public and private partners of universities \445\ to 
        participate and advise in the planning, development, 
        implementation, and administration of each component; 
        \445\
---------------------------------------------------------------------------
    \445\ Sec. 2(c)(2)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
inserted ``and public and private partners of universities'' after 
``for the universities''. Sec. 2(c)(2)(B) of that Act struck out 
``and'' at the end of para. (2).
---------------------------------------------------------------------------
          (3) assist such universities and public and private 
        partners of universities \446\ in cooperative joint 
        efforts with--
---------------------------------------------------------------------------
    \446\ Sec. 2(c)(3)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
inserted ``and public and private partners of universities'' after 
``such universities''.
---------------------------------------------------------------------------
                  (A) agricultural institutions in developing 
                nations; \447\
---------------------------------------------------------------------------
    \447\ Sec. 2(c)(3)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
struck out ``, and'' and inserted in lieu thereof a semicolon.
---------------------------------------------------------------------------
                  (B) regional and international agricultural 
                research centers; \448\
---------------------------------------------------------------------------
    \448\ Sec. 2(c)(3)(C) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
replaced a comma with a semicolon. Sec. 2(c)(3)(D) of that Act struck 
out a phrase following subpara. (B), which had read as follows:
    ``directed to strengthening their joint and respective capabilities 
and to engage them more effectively in research, teaching, and 
extension activities for solving problems in food production, 
distribution, storage, marketing, and consumption in agriculturally 
underdeveloped nations.''.
---------------------------------------------------------------------------
                  (C) \449\ multilateral banks and agencies 
                receiving United States funds;
---------------------------------------------------------------------------
    \449\ Sec. 2(c)(2)(E) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
added subparas. (C), (D), and (E).
---------------------------------------------------------------------------
                  (D) \449\ development agencies of other 
                countries; and
                  (E) \449\ United States Government foreign 
                assistance and economic cooperation programs;
          (4) \450\ generally engage the United States 
        university community more extensively in the 
        agricultural research, trade, and development 
        initiatives undertaken outside the United States, with 
        the objectives of strengthening its capacity to carry 
        out research, teaching, and extension activities for 
        solving problems in food production, processing, 
        marketing, and consumption in agriculturally developing 
        nations, and for transforming progress in global 
        agricultural research and development into economic 
        growth, trade, and trade benefits for aid recipient 
        countries and United States communities and industries, 
        and for the wise use of natural resources; and
---------------------------------------------------------------------------
    \450\ Sec. 2(c)(4) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added 
paras. (4) and (5).
---------------------------------------------------------------------------
          (5) \450\ ensure that all federally funded support to 
        universities and public and private partners of 
        universities relating to the goals of this title is 
        periodically reviewed for its performance.
    (d) As used in this title, the term ``universities'' means 
those colleges or universities in each State, territory, or 
possession of the United States, or the District of Columbia, 
now receiving, or which may hereafter receive, benefits under 
the Act of July 2, 1862 (known as the First Morrill Act), or 
the Act of August 30, 1890 (known as the Second Morrill Act), 
which are commonly known as ``land-grant'' universities; 
institutions now designated or which may hereafter be 
designated as sea-grant colleges under the Act of October 15, 
1966 (known as the National Sea Grant College and Program Act), 
which are commonly known as sea-grant colleges; Native American 
land-grant colleges as authorized under the Equity in 
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note); 
\451\ and other United States colleges and universities which--
---------------------------------------------------------------------------
    \451\ Sec. 2(d)(1) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) inserted 
``Native American land-grant colleges as authorized under the Equity in 
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);'' after 
``sea-grant colleges;''.
---------------------------------------------------------------------------
          (1) have demonstrable capacity in teaching, research, 
        and extension (including outreach) \452\ activities in 
        the agricultural sciences; and
---------------------------------------------------------------------------
    \452\ Sec. 2(d)(2) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) struck out 
``extension'' and inserted in lieu thereof ``extension (through 
outreach)''.
---------------------------------------------------------------------------
          (2) can contribute effectively to the attainment of 
        the objective of this title.
    (e) As used in this title, the term ``Administrator'' means 
the Administrator of the United States \453\ Agency for 
International Development.\454\
---------------------------------------------------------------------------
    \453\ Sec. 2(e) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) inserted 
``United States'' before ``Agency''.
    \454\ Sec. 6 of Reorganization Plan No. 2 of 1979 (establishing 
IDCA), transferred all responsibilities and functions vested in this 
subsection from the Administrator to the Director of IDCA. The 
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment 
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant 
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
---------------------------------------------------------------------------
    (f) \455\ As used in this title, the term ``public and 
private partners of universities'' includes entities that have 
cooperative or contractual agreements with universities, which 
may include formal or informal associations of universities, 
other education institutions, United States Government and 
State agencies, private voluntary organizations, 
nongovernmental organizations, firms operated for profit, 
nonprofit organizations, multinational banks, and, as 
designated by the Administrator, any organization, institution, 
or agency incorporated in other countries.
---------------------------------------------------------------------------
    \455\ Added by sec. 2(f) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
    Former subsecs. (f) and (g), which defined the terms 
``agriculture'' and ``farmers,'' were repealed in 1978 by sec. 103(c) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 945). Similar definitions for these terms 
can now be found in sec. 644 (o) and (p) of this Act.
---------------------------------------------------------------------------
    (g) \456\ As used in this title, the term ``agriculture'' 
includes the science and practice of activity related to food, 
feed, and fiber production, processing, marketing, 
distribution, utilization, and trade, and also includes family 
and consumer sciences, nutrition, food science and engineering, 
agricultural economics and other social sciences, forestry, 
wildlife, fisheries, aquaculture, floraculture, veterinary 
medicine, and other environmental and natural resources 
sciences.
---------------------------------------------------------------------------
    \456\ Added by sec. 2(g) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
---------------------------------------------------------------------------
    (h) \457\ As used in this title, the term 
``agriculturists'' includes farmers, herders, and livestock 
producers, individuals who fish and others employed in 
cultivating and harvesting food resources from salt and fresh 
waters, individuals who cultivate trees and shrubs and harvest 
nontimber forest products, as well as the processors, managers, 
teachers, extension specialists, researchers, policymakers, and 
others who are engaged in the food, feed, and fiber system and 
its relationships to natural resources.
---------------------------------------------------------------------------
    \457\ Sec. 2(h) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added 
subsec. (h).
---------------------------------------------------------------------------
    Sec. 297.\458\ General Authority.--(a) To carry out the 
purposes of this title, the President is authorized to provide 
assistance on such terms and conditions as he shall determine--
---------------------------------------------------------------------------
    \458\ 22 U.S.C. 2220b. Added by sec. 312 of Public Law 94-161 (89 
Stat. 849).
---------------------------------------------------------------------------
          (1) \459\ to implement program components through 
        United States universities as authorized by paragraphs 
        (2) through (5) of this subsection;
---------------------------------------------------------------------------
    \459\ Sec. 3(a)(1) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended 
and restated para. (1). It formerly read as follows:
    ``(1) to strengthen the capabilities of universities in teaching, 
research, and extension work to enable them to implement current 
programs authorized by paragraphs (2), (3), (4), and (5) of this 
subsection, and those proposed in the report required by section 300 of 
this title;''.
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          (2) to build and strengthen the institutional 
        capacity and human resources skills of agriculturally 
        developing countries so that these countries may 
        participate more fully in the international 
        agricultural problem-solving effort and to introduce 
        and adapt new solutions to local circumstances;
          (3) \460\ to provide long-term program support for 
        United States university global agricultural and 
        related environmental collaborative research and 
        learning opportunities for students, teachers, 
        extension specialists, researchers, and the general 
        public;
---------------------------------------------------------------------------
    \460\ Sec. 3(a)(2) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended 
and restated para. (3). It formerly read, as amended, as follows:
    ``(3) to provide program support for long-term collaborative 
university research, in the developing countries themselves to the 
maximum extent practicable, on food production, distribution, storage, 
marketing and consumption;''.
---------------------------------------------------------------------------
          (4) to involve United States \461\ universities more 
        fully in the international network of agricultural 
        science, including the international agricultural \462\ 
        research centers, the activities of international 
        organizations such as the United Nations Development 
        Program and the Food and Agriculture Organization, 
        multilateral banks, the institutions of agriculturally 
        developing nations, and United States and foreign 
        nongovernmental organizations supporting extension and 
        other productivity-enhancing programs; \463\ and
---------------------------------------------------------------------------
    \461\ Sec. 3(a)(3)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
inserted ``United States'' before ``universities''.
    \462\ Sec. 3(a)(3)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
inserted ``agricultural'' before ``research centers''.
    \463\ Sec. 3(a)(3)(C) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
struck out ``and the institutions of agriculturally developing 
nations'' and inserted in lieu thereof ``multilateral banks, the 
institutions of agriculturally developing nations, and United States 
and foreign nongovernmental organizations supporting extension and 
other productivity-enhancing programs''.
---------------------------------------------------------------------------
          (5) to provide program support for international 
        agricultural research centers, to provide support for 
        research projects identified for specific problem-
        solving needs, and to develop and strengthen national 
        research systems in the developing countries.
    (b) Programs under this title shall be carried out so as 
to--
          (1) utilize and strengthen the capabilities of United 
        States universities with public and private partners of 
        universities \464\ in--
---------------------------------------------------------------------------
    \464\ Sec. 3(b)(1)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
struck out ``universities'' and inserted in lieu thereof ``United 
States universities with public and private partners of universities''.
---------------------------------------------------------------------------
                  (A) developing capacity in the cooperating 
                nation for classroom teaching in agriculture, 
                plant and animal sciences, human nutrition, and 
                vocational and domestic arts and other relevant 
                fields appropriate to local needs;
                  (B) agricultural research to be conducted in 
                the cooperating nations, at international 
                agricultural research centers, or in the United 
                States;
                  (C) the planning, initiation, and development 
                of extension services through which information 
                concerning agriculture, environment,\465\ and 
                related subjects will be made available 
                directly to agriculturalists \466\ in the 
                agriculturally developing nations by means of 
                education and demonstration; or
---------------------------------------------------------------------------
    \465\ Sec. 3(b)(1)(B)(i) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
inserted ``, environment,'' before ``and related''.
    \466\ Sec. 3(b)(1)(B)(ii) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
struck out ``farmers and farm families'' and inserted in lieu thereof 
``agriculturalists''.
---------------------------------------------------------------------------
                  (D) the exchange of educators, scientists, 
                and students for the purpose of assisting in 
                successful development in the cooperating 
                nations;
          (2) take into account the value to the United States 
        agriculture of such programs, integrating to the extent 
        practicable the programs and financing authorized under 
        this title with those supported by other Federal or 
        State resources, including resources of the private 
        sector,\467\ so as to maximize the contribution to the 
        development of agriculture in the United States and in 
        agriculturally developing nations; and
---------------------------------------------------------------------------
    \467\ Sec. 3(b)(2) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) inserted 
``, including resources of the private sector,'' after ``Federal or 
State resources''.
---------------------------------------------------------------------------
          (3) whenever practicable, build on existing programs 
        and institutions including those of the universities, 
        the Department of Agriculture, State agricultural 
        agencies, the Department of Commerce, the Department of 
        the Interior, the Environmental Protection Agency, the 
        Office of the United States Trade Representative, the 
        Food and Drug Administration, other appropriate Federal 
        agencies, and appropriate nongovernmental and business 
        organizations.\468\
---------------------------------------------------------------------------
    \468\ Sec. 3(b)(1)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) 
struck out ``and the United States Department of Agriculture and the 
United States Department of Commerce.'' and inserted in lieu thereof 
``, the Department of Agriculture, State agricultural agencies, the 
Department of Commerce, the Department of the Interior, the 
Environmental Protection Agency, the Office of the United States Trade 
Representative, the Food and Drug Administration, other appropriate 
Federal agencies, and appropriate nongovernmental and business 
organizations.''.
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    (c) \469\ To the maximum extent practicable, activities 
under this section shall--
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    \469\ Sec. 113(2) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 364) amended and restated subsec. 
(c). It formerly read as follows:
    ``(c) To the maximum extent practicable, activities under this 
section shall (1) be designed to achieve the most effective 
interrelationship among the teaching of agricultural sciences, 
research, and extension work, (2) joins primarily on the needs of 
agricultural producers, (3) be adapted to local circumstances, and (4) 
be carried out within the developing countries.''
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          (1) be directly related to the food and agricultural 
        needs of developing countries;
          (2) \470\ focus primarily on the needs of 
        agricultural producers, rural families, processors, 
        traders, consumers, and natural resources managers;
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    \470\ Sec. 3(c)(1) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended 
and restated para. (2). It formerly read as follows:
    ``(2) be carried out within the developing countries;''.
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          (3) be adapted to local circumstances;
          (4) \471\ be carried out within the developing 
        countries and transition countries comprising newly 
        emerging democracies and newly liberalized economies; 
        and
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    \471\ Sec. 3(c)(2) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended 
and restated para. (4). It formerly read as follows:
    ``(4) provide for the most effective interrelationship between 
research, education, and extension in promoting agricultural 
development in developing countries; and''.
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          (5) emphasize the improvement of local systems for 
        delivering the best available knowledge to the small 
        farmers of such countries.
    (d) The President shall exercise his authority under this 
section through the Administrator.\472\
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    \472\ This authority of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased 
to be effective with enactment of the Foreign Affairs Reform and 
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of 
Public Law 105-277; 112 Stat. 2681).
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    (e) \473\ The Administrator shall establish and carry out 
special programs under this title as part of ongoing programs 
for child survival, democratization, development of free 
enterprise, environmental and natural resource management, and 
other related programs.
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    \473\ Sec. 3(d) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added 
subsec. (e).
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    Sec. 298.\474\ Board for International Food and 
Agricultural Development.--(a) To assist in the administration 
of the programs authorized by this title, the President shall 
establish a permanent Board for International Food and 
Agricultural Development (hereafter in this title referred to 
as the ``Board'') consisting of seven members, not less than 
four to be selected from the universities. Terms of members 
shall be set by the President at the time of appointment. 
Members of the Board shall be entitled to such reimbursement 
for expenses incurred in the performance of their duties 
(including per diem in lieu of subsistence while away from 
their homes or regular place of business) as the President 
deems appropriate on a case-by-case basis.\475\
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    \474\ 22 U.S.C. 2220c. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added sec. 298.
    \475\ Sec. 4(a) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted 
``on a case-by-case basis''.
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    (b) \476\ The Board's general areas of responsibility shall 
include participating in the planning, development, and 
implementation of, initiating recommendations for, and 
monitoring, the activities described in section 297 of this 
title.
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    \476\ Sec. 4(b) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended 
and restated subsec. (b). It formerly read as follows:
    ``(b) The Board's general areas of responsibility shall include, 
but not be limited to--
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  ``(1) participating in the planning, development, and implementation of,

  ``(2) initiating recommendations for, and

  ``(3) monitoring of,
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    the activities described in section 297 of this title.''.
---------------------------------------------------------------------------
    (c) The Board's duties shall include, but not necessarily 
be limited to--
          (1) participating in the formulation of basic policy, 
        procedures, and criteria for project proposal review, 
        selection, and monitoring;
          (2) developing and keeping current a roster of 
        universities--
                  (A) interested in exploring their potential 
                for collaborative relationships with 
                agricultural institutions, and with scientists 
                working on significant programs designed to 
                improve agricultural production, trade, and 
                natural resource management in developing 
                countries, and with private organizations 
                seeking to increase agricultural production and 
                trade, natural resources management, and 
                household food security in developing and 
                transition countries; \477\
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    \477\ Sec. 4(c)(1)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) 
struck out ``increase food production in developing countries,'' and 
inserted in lieu thereof ``improve agricultural production, trade, and 
natural resource management in developing countries, and with private 
organizations seeking to increase agricultural production and trade, 
natural resources management, and household food security in developing 
and transition countries;''.
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                  (B) having capacity in the agricultural, 
                environmental, and related social \478\ 
                sciences,
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    \478\ Sec. 4(c)(1)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) 
inserted ``, environmental, and related social'' before ``sciences''.
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                  (C) able to maintain an appropriate balance 
                of teaching, research, and extension functions,
                  (D) having capacity, experience, and 
                commitment with respect to international 
                agricultural efforts, and
                  (E) able to contribute to solving the 
                problems addressed by this title;
          (3) recommending which developing nations could 
        benefit from programs carried out under this title, and 
        identifying those nations which have an interest in 
        establishing or developing agricultural institutions 
        which engage in teaching, research, or extension 
        activities;
          (4) reviewing and evaluating memorandums of 
        understanding or other documents that detail the terms 
        and conditions between the Administrator and 
        universities and their partners \479\ participating in 
        programs under this title;
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    \479\ Sec. 4(c)(2) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted 
``and their partners'' after ``Administrator and universities''.
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          (5) reviewing and evaluating agreements and 
        activities authorized by this title and undertaken by 
        universities and public and private partners of 
        universities \480\ to assure compliance with the 
        purposes of this title;
---------------------------------------------------------------------------
    \480\ Sec. 4(c)(3) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted 
``and public and private partners of universities'' after 
``universities''.
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          (6) \481\ recommending to the Administrator the 
        apportionment of funds under section 297 of this title; 
        \482\
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    \481\ This function of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased 
to be effective with enactment of the Foreign Affairs Reform and 
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of 
Public Law 105-277; 112 Stat. 2681).
    \482\ Sec. 4(c)(4) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out 
``and'' at the end of para. (6).
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          (7) assessing the impact of programs carried out 
        under this title in solving agricultural problems and 
        natural resource issues in the developing nations, 
        assuring efficiency in use of Federal resources, 
        including in accordance with the Governmental \483\ 
        Performance and Results Act of 1993 (Public Law 103-62; 
        107 Stat. 285), and the amendments made by that Act; 
        \484\
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    \483\ As enrolled. Should read ``Government''.
    \484\ Sec. 4(c)(5) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out 
``in the developing nations.'' and inserted in lieu thereof ``and 
natural resource issues in the developing nations, assuring efficiency 
in use of Federal resources, including in accordance with the 
Governmental [sic] Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285), and the amendments made by that Act;''.
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          (8) \485\ developing information exchanges and 
        consulting regularly with nongovernmental 
        organizations, consumer groups, producers, 
        agribusinesses and associations, agricultural 
        cooperatives and commodity groups, State departments of 
        agriculture, State agricultural research and extension 
        agencies, and academic institutions;
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    \485\ Sec. 4(c)(6) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added 
paras. (8), (9), and (10).
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          (9) \485\ investigating and resolving issues 
        concerning implementation of this title as requested by 
        universities; and
          (10) \485\ advising the Administrator on any and all 
        issues as requested.
    (d) The President may authorize the Board to create such 
subordinate units as may be necessary for the performance of 
its duties, including but not limited to the following:
          (1) a Joint Policy \486\ Committee to participate in 
        the design \487\ and development of the collaborative 
        activities described in section 297; \488\ and
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    \486\ Sec. 4(d)(1)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) 
struck out ``Research'' and inserted in lieu thereof ``Policy''.
    \487\ Sec. 4(d)(1)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) 
struck out ``administration'' and inserted in lieu thereof ``design''.
    \488\ Sec. 4(d)(1)(C) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) 
struck out ``section 297(a)(3) of this title'' and inserted in lieu 
thereof ``section 297''.
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          (2) a Joint Operations Committee \489\ which shall 
        assist in and advise on the mechanisms and processes 
        for implementation of activities described in section 
        297.\490\
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    \489\ Sec. 4(d)(2)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) 
struck out ``Joint Committee on Country Programs'' and inserted in lieu 
thereof ``Joint Operations Committee''.
    \490\ Sec. 4(d)(2)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) 
struck out ``which shall assist in the implementation of the bilateral 
activities described in sections 297(a)(2), 297(a)(4), and 297(a)(5).'' 
and inserted in lieu thereof ``which shall assist in and advise on the 
mechanisms and processes for implementation of activities described in 
section 297.''.
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    (e) In addition to any other functions assigned to and 
agreed to by the Board, the Board shall be consulted in the 
preparation of the annual report required by section 300 of 
this title and on other agricultural development activities 
related to programs under this title.
    Sec. 299.\491\ Authorization.--(a) The President is 
authorized to use any of the funds hereafter made available 
under section 103 of this Act to carry out the purposes of this 
title. Funds made available for such purposes may be used 
without regard to the provisions of sections 110(b) and 122(d) 
\492\ of this Act.
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    \491\ 22 U.S.C. 2220d. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added sec. 299.
    \492\ Sec. 102(c)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out 
``110(b), 211(a), and 211(d)'' and inserted in lieu thereof ``110(b) 
and 122(d)''.
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    (b) Foreign currencies owned by the United States and 
determined by the Secretary of the Treasury to be excess to the 
needs of the United States shall be used to the maximum extent 
possible in lieu of dollars in carrying out the provisions of 
this title.
    (c) Assistance authorized under this title shall be in 
addition to any allotments or grants that may be made under 
other authorizations.
    (d) Universities may accept and expend funds from other 
sources, public and private, in order to carry out the purposes 
of this title. All such funds, both prospective and inhand, 
shall be periodically disclosed to the Administrator as he 
shall by regulation require, but no less often than in an 
annual report.\493\
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    \493\ This function of the Administrator was transferred to the 
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased 
to be effective with enactment of the Foreign Affairs Reform and 
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of 
Public Law 105-277; 112 Stat. 2681).
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    Sec. 300.\494\ Annual Report.--The President shall transmit 
to the Congress, not later than September 1 \495\ of each year, 
a report detailing the activities carried out pursuant to this 
title during the preceding fiscal year and containing a 
projection of programs and activities to be conducted during 
the subsequent five fiscal years. Each report shall contain a 
summary of the activities of the Board established pursuant to 
section 298 of this title and may include the separate views of 
the Board with respect to any aspect of the programs conducted 
or proposed to be conducted under this title.
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    \494\ 22 U.S.C. 2220e. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added sec. 300.
    \495\ Sec. 5 of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) struck out 
``April 1'' and inserted in lieu thereof ``September 1''.
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          Chapter 3--International Organizations and Programs

    Sec. 301.\496\ General Authority.--(a) When he determines 
it to be in the national interest, the President is authorized 
to make voluntary contributions on a grant basis to 
international organizations and to programs administered by 
such organizations, and in the case of the Indus Basin 
Development Fund administered by the International Bank for 
Reconstruction and Development to make grants and loans payable 
as to principal and interest in United States dollars and 
subject to the provisions of section 122(b),\497\ on such terms 
and conditions as he may determine, in order to further the 
purposes of this part.
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    \496\ 22 U.S.C. 2221.
    \497\ Sec. 107(a) of the FA Act of 1966 (Public Law 89-583) 
inserted ``, and in the case of the Indus Basin Development Fund 
administered by the International Bank for Reconstruction and 
Development to make grants and loans payable as to principal and 
interest in United States dollars and subject to the provisions of sec. 
201(d)''. Sec. 102(b)(2)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out 
``sec. 201(d)'' and inserted in lieu thereof ``sec. 122(b)''.
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    (b) \498\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \498\ Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966, 
was repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
It formerly read as follows:
    ``(b) Contributions to the United Nations Development Program for 
the calendar years succeeding 1961 may not exceed forty per centum of 
the total amount contributed for such purposes (including assessed and 
audited local costs) for each such year. The President shall seek to 
assure that no contribution to the United Nations Development Program 
authorized by this Act shall be used for projects for economic or 
technical assistance to the Government of Cuba, so long as Cuba is 
governed by the Castro regime.''.
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    (c) \499\ No contributions by the United States shall be 
made to the United Nations Relief and Works Agency for 
Palestine Refugees in the Near East except on the condition 
that the United Nations Relief and Works Agency take all 
possible measures to assure that no part of the United States 
contribution shall be used to furnish assistance to any refugee 
who is receiving military training as a member of the so-called 
Palestine Liberation Army or any other guerrilla type 
organization or who has engaged in any act of terrorism.
---------------------------------------------------------------------------
    \499\ Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969 
(Public Law 91-175). It formerly read as follows: ``(c) In determining 
whether or not to continue furnishing assistance for Palestine refugees 
in the Near East through contributions to the United Nations Relief and 
Works agency for Palestine Refugees in the Near East, the President 
shall take into account (1) whether Israel and the Arab host 
governments are taking steps toward the resettlement and repatriation 
of such refugees, and (2) the extent and success of efforts by the 
Agency and the Arab host governments to rectify the Palestine refugee 
relief rolls. Contributions by the United States for the fiscal year 
1967 shall not exceed $13,300,000. No contributions under this 
subsection shall be made except on the condition that the United 
Nations Relief and Works Agency take all possible measures to assure 
that no part of the United States contribution shall be used to furnish 
assistance to any refugee who is receiving military training as a 
member of the so-called Palestine Liberation Army.''.
    Sec. 580 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 
Stat. 213), provided the following:
---------------------------------------------------------------------------

``gao report
---------------------------------------------------------------------------

    ``Sec. 580. Not later than November 1, 2003, the Comptroller 
General of the United States shall provide a report to the Committees 
on Appropriations on the extent to which the Department of State is 
complying with section 301(c) of the Foreign Assistance Act of 1961, 
and on the implementation of procedures that have been established to 
meet the standards of the Department of State regarding compliance with 
the requirements of section 301(c).''.
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    (d) \500\ In any case in which a fund established solely by 
United States contributions under this or any other Act is 
administered by an international organization under the terms 
of an agreement between the United States and such 
international organization, such agreement shall provide that 
the Comptroller General of the United States shall conduct such 
audits as are necessary to assure that such fund is 
administered in accordance with such agreement. The President 
shall undertake to modify any existing agreement entered into 
before the date of enactment of this subsection to conform to 
the requirements of the preceding sentence. The Comptroller 
General shall report simultaneously to the Congress and the 
President the results of the audit conducted under this 
subsection.\501\
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    \500\ Sec. 110(a) of the FA Act of 1967 (Public Law 90-137) added 
subsec. (d).
    \501\ Sec. 701(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) added this 
sentence.
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    (e) \502\ (1) In the case of the United Nations and its 
affiliated organizations, including the International Atomic 
Energy Agency, the President shall, acting through the United 
States representative to such organizations, propose and 
actively seek the establishment by the governing authorities of 
such organizations of external, professionally qualified groups 
\503\ of appropriate size for the purpose of providing an 
independent and continuous program of selective examinations, 
review, evaluation, and audits \504\ of the programs and 
activities of such organizations. Such proposal shall provide 
that such groups \503\ shall be established in accordance with 
such terms of reference as such governing authority may 
prescribe and that the reports of such groups \503\ on each 
examination, review, evaluation or audits \504\ shall be 
submitted directly to such governing authority for transmittal 
to the representative of each individual member nation. Such 
proposal shall further include a statement of auditing and 
reporting standards, as prepared by the Comptroller General of 
the United States, for the consideration of the governing 
authority of the international organization concerned to assist 
in formulating terms of reference for such review and 
evaluation groups.\503\
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    \502\ Sec. 9(1) of the FA Act of 1973 (Public Law 93-189) added 
subsec. (e).
    \503\ The reference to external groups was inserted in lieu of a 
reference to a single group by sec. 702(b) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3156). All other references in subsec. (e) to these groups were 
also made plural by sec. 702(b).
    \504\ The reference to an audit was added by sec. 702(b) of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3156).
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    (2) In the case of the International Bank for 
Reconstruction and Development and the Asian Development Bank, 
the President shall, acting through the United States 
representative to such organizations, propose and actively seek 
the establishment by the governing authorities of such 
organizations professionally qualified groups of appropriate 
size for the purpose of providing an independent and continuous 
program of selective examination, review, evaluation, and 
audits \504\ of the programs and activities of such 
organizations. Such proposal shall provide that such groups 
shall be established in accordance with such terms of reference 
as such governing authorities may prescribe, and that the 
reports of such groups on each examination, review, evaluation, 
or audit \504\ shall be submitted directly to such governing 
authority for transmittal to the representative of each 
individual member nation. Such proposal shall further include a 
statement of auditing and reporting standards, as prepared by 
the Comptroller General of the United States, for the 
consideration of the governing authority of the international 
organization concerned to assist in formulating terms of 
reference for such review and evaluation groups.
    (3) \505\ * * * [Repealed--1981]
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    \505\ Para. (3), as added by sec. 9(1) of the FA Act of 1973 and 
amended by sec. 702(b)(6) of Public Law 96-533, was repealed by sec. 
734(a)(1) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). Para. (3) had required that 
the U.S. representatives to these international organizations submit 
any reports they received under this subsection to the President for 
transmittal to Congress and the Comptroller General. The Comptroller 
General was also directed to periodically review these reports and 
submit any appropriate suggestions to the Congress and the President.
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    (f) \506\ The President is hereby authorized to permit 
United States participation in the International Fertilizer 
Development Center and is authorized to use any of the funds 
made available under this part for the purpose of furnishing 
assistance to the Center on such terms and conditions as he may 
determine.
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    \506\ Sec. 313(c) of Public Law 94-161 (89 Stat. 849) added subsec. 
(f).
---------------------------------------------------------------------------
    (g) \507\ It is the sense of the Congress that the 
President should instruct the appropriate representatives of 
the United States to the United Nations to encourage the 
specialized agencies of the United Nations to transfer the 
funding of technical assistance programs carried out by such 
agencies to the United Nations Development Program.
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    \507\ Sec. 117(d) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) added subsec. 
(g).
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    (h) \508\ The President is authorized to permit the United 
States to participate in and to use any of the funds made 
available under this part after the date of enactment of this 
subsection for the purpose of furnishing assistance (on such 
terms and conditions as the President may determine) to the 
International Food Policy Research Institute.
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    \508\ Sec. 311(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) added 
subsec. (h).
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    Sec. 302.\509\ Authorization.--(a)(1) There are authorized 
to be appropriated to the President $270,000,000 for fiscal 
year 1986 and $236,084,000 for fiscal year 1987 \510\ for 
grants to carry out the purposes of this chapter, in addition 
to funds available under other Acts for such purposes. Of the 
amount appropriated for each of the fiscal years 1986 and 1987 
pursuant to these authorizations--
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    \509\ 22 U.S.C. 2222.
    \510\ Sec. 404 of Public Law 99-529 (100 Stat. 3010) struck out 
``$275,000,000 for fiscal year 1987'' and inserted in lieu thereof 
``$236,084,000 for fiscal year 1987''.
    Sec. 402(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) inserted the 
initial authorization figures and earmarkings for fiscal years 1986 and 
1987.
    Authorizations under sec. 302 during recent years included the 
following: fiscal year 1975--$165,000,000; fiscal year 1976--
$195,500,000; fiscal year 1977--$219,900,000; fiscal year 1978--
$252,000,000; fiscal year 1979--$285,450,000; fiscal year 1980--
$267,280,000; fiscal year 1981--$233,350,000; fiscal year 1982--
$218,600,000; fiscal year 1983--$218,600,000; fiscal year 1984--
$266,214,000; fiscal year 1985--no authorization; fiscal years 1988 
through 2000--no authorization. No general authorization for fiscal 
year 2001; see, however, subsec. (k); fiscal years 2002 through 2009--
no authorization.
    Congress did not enact an authorization for fiscal year 2009. 
Instead, the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8), 
waives the requirements for authorization, and title V of that Act (123 
Stat. 857) provides the following:
---------------------------------------------------------------------------

``international organizations and programs
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $352,500,000: 
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy 
Fund.''.
    See also paragraph in title III on nonproliferation, anti-
terrorism, demining and related programs (123 Stat. 850); sec. 7015, 
relating to reprogramming notification requirements (123 Stat. 865); 
sec. 7017, relating to limiting the availability of funds for 
international organizations and programs (123 Stat. 867); sec. 7019, 
relating to allocations stated in the conference report (123 Stat. 
868); sec. 7079, relating to contributions to the U.N. Population Fund 
(123 Stat. 909); and sec. 7088, relating to transparency and 
accountability (123 Stat. 913).
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          (A) 59.65 percent shall be for the United Nations 
        Development Program;
          (B) 19.30 percent shall be for the United Nations 
        Children's Fund;
          (C) 7.20 percent shall be for the International 
        Atomic Energy Agency, except that these funds may be 
        contributed to that Agency only if the Secretary of 
        State determines (and so reports to the Congress) that 
        Israel is not being denied its right to participate in 
        the activities of that Agency;
          (D) 5.44 percent shall be for Organization of 
        American States development assistance programs;
          (E) 3.51 percent shall be for the United Nations 
        Environment Program;
          (F) 0.70 percent shall be for the World 
        Meteorological Organization;
          (G) 0.70 percent shall be for the United Nations 
        Capital Development Fund;
          (H) 0.35 percent shall be for the United Nations 
        Education and Training Program for Southern Africa;
          (I) 0.18 percent shall be for the United Nations 
        Voluntary Fund for the Decade for Women;
          (J) 0.07 percent shall be for the Convention on 
        International Trade in Endangered Species;
          (K) 0.70 percent shall be for the World Food Program;
          (L) 0.18 percent shall be for the United Nations 
        Institute for Namibia;
          (M) 0.12 percent shall be for the United Nations 
        Trust Fund for South Africa;
          (N) 0.04 percent shall be for the United Nations 
        Voluntary Fund for Victims of Torture;
          (O) 0.07 percent shall be for the United Nations 
        Industrial Development Organization;
          (P) 0.55 percent shall be for the United Nations 
        Development Program Trust Fund To Combat Poverty and 
        Hunger in Africa;
          (Q) 0.97 percent shall be for contributions to 
        international conventions and scientific organizations;
          (R) 0.18 percent for the United Nations Center on 
        Human Settlements (Habitat); and
          (S) 0.09 percent shall be for the World Heritage 
        Fund.\511\
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    \511\ Sec. 117(e) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) also provided 
an authorization of $1,000,000 for contribution to the World Assembly 
on Aging.
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    (2) \512\ The Congress reaffirms its support for the work 
of the Inter-American Commission on Human Rights. To permit 
such Commission to better fulfill its function of insuring 
observance and respect for human rights within this hemisphere, 
not less than $357,000 of the amount appropriated for fiscal 
year 1976 and $358,000 of the amount appropriated for fiscal 
year 1977, for contributions to the Organization of American 
States, shall be used only for budgetary support for the Inter-
American Commission on Human Rights.
---------------------------------------------------------------------------
    \512\ Sec. 313(a)(1)(C) of Public Law 94-161 (89 Stat. 849) added 
para. (2).
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    (3) \513\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \513\ Sec. 734(a) of the International Security and Development 
Cooperation Act 1981 (Public Law 97-113; 95 Stat. 1560) repealed para. 
(3), which had prohibited the use of funds under this subsection for 
the U.N. Institute for Namibia during fiscal year 1979 unless the 
President determined that such funds would not be used to support the 
military or paramilitary activities of the South-West African Peoples 
Organization.
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    (b)(1) \514\ There is authorized to be appropriated to the 
President for loans for Indus Basin Development to carry out 
the purposes of this section, in addition to funds available 
under this or any other Act for such purposes, for use 
beginning in the fiscal year 1969, $61,220,000.\515\ Such 
amounts are authorized to remain available until expended.
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    \514\ Sec. 108(c) of the FA Act of 1969 (Public Law 91-175) 
inserted para. designation ``(1)'' and para. (2).
    \515\ Sec. 313(a)(2) of Public Law 94-161 (89 Stat. 849) struck out 
``$51,220,000'' and inserted in lieu thereof ``$61,220,000''.
    The FA Appropriations Act, 1976, provided the following: ``Indus 
Basin Development Fund, loans: For expenses authorized by section 
302(b)(1) $10,000,000, to remain available until expended: Provided, 
That no other funds appropriated or made available under this Act shall 
be used for the purposes of such section during the current fiscal 
year.''.
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    (2) \514\ There is authorized to be appropriated to the 
President for grants for Indus Basin Development, in addition 
to any other funds available for such purposes, for use in the 
fiscal year 1974, $14,500,000,\516\ and for use in the fiscal 
year 1975, $14,500,000,\516\ and for use beginning in the 
fiscal year 1976, $27,000,000,\517\ which amounts shall remain 
available until expended. The President shall not exercise any 
special authority granted to him under section 610(a) or 614(a) 
of this Act to transfer any amount appropriated under this 
paragraph to, and to consolidate such amount with, any funds 
made available under any other provisions of this Act.\518\
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    \516\ Sec. 9(3) of the FA Act of 1973 (Public Law 93-189) struck 
out ``for use in the fiscal year 1972, $15,000,000, and for use in the 
fiscal year 1973, $15,000,000'' and inserted in lieu thereof ``for use 
in the fiscal year 1974, $14,500,000, and for use in the fiscal year 
1975, $14,500,000,''.
    \517\ Sec. 313(a)(3) of Public Law 94-161 (89 Stat. 849) inserted 
``and for use beginning in the fiscal year 1976, $27,000,000''.
    The FA Appropriations Act, 1977, provided the following: ``For 
necessary expenses to carry out the provisions of section 302(b)(2), 
$15,750,000.''.
    \518\ Sec. 107(b)(2) of the FA Act of 1971 (Public Law 92-226) 
added the last sentence.
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    (c) None of the funds available to carry out this chapter 
shall be contributed to any international organization or to 
any foreign government or agency thereof to pay the costs of 
developing or operating any volunteer program of such 
organization, government, or agency relating to the selection, 
training, and programing of volunteer manpower.
    (d) \519\ Tuberculosis Vaccine Development Programs.--In 
addition to amounts otherwise available under this section, 
there are authorized to be appropriated to the President such 
sums as may be necessary for each of the fiscal years 2009 
through 2013, which shall be used for United States 
contributions to tuberculosis vaccine development programs, 
which may include the Aeras Global TB Vaccine Foundation.
---------------------------------------------------------------------------
    \519\ Sec. 201 of the Tom Lantos and Henry J. Hyde United States 
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2936) added 
subsec. (d).
    Previously, sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed 
subsecs. (d), (e), (f), (g), and (h).
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    (i) \520\ In addition to amounts otherwise available under 
this section there are authorized to be appropriated for fiscal 
year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be 
available only for the International Atomic Energy Agency to be 
used for the purpose of strengthening safeguards and 
inspections relating to nuclear missile facilities and 
materials.\521\ Amounts appropriated under this subsection are 
authorized to remain available until expended.
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    \520\ Sec. 505 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-392) added subsec. (i).
    \521\ The Supplemental Appropriations Act, 1977 (Public Law 95-26; 
91 Stat. 66), provided the following:
    ``For an additional amount for ``International organizations and 
programs'', $31,000,000: Provided, That of the funds appropriated under 
this paragraph, $3,000,000 shall be allocated for a contribution to the 
International Atomic Energy Agency to strengthen the Agency's 
safeguards program.''.
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    (j) \522\ In addition to amounts otherwise available under 
this section for such purposes, there are authorized to be 
appropriated to the President $3,000,000 for fiscal year 1989 
to be available only for United States contributions to 
multilateral and regional drug abuse control programs. Of the 
amount authorized to be appropriated by this subsection--
---------------------------------------------------------------------------
    \522\ Sec. 4107 of Public Law 100-690 (102 Stat. 4266) added 
subsec. (j).
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          (1) $2,000,000 shall be for a United States 
        contribution to the United Nations Fund for Drug Abuse 
        Control;
          (2) $600,000 shall be for the Organization of 
        American States (OAS) Inter-American Drug Abuse Control 
        Commission (CICAD) Legal Development Project, except 
        that the proportion which such amount bears to the 
        total amount of contributions to this specific project 
        may not exceed the proportion which the United States 
        contribution to the budget of the Organization of 
        American States for that fiscal year bears to the total 
        contributions to the budget of the Organization of 
        American States for that fiscal year; and
          (3) $400,000 shall be for the Organization of 
        American States (OAS) Inter-American Drug Abuse Control 
        Commission (CICAD) Law Enforcement Training Project, 
        except that the proportion which such amount bears to 
        the total amount of contributions to this specific 
        project may not exceed the proportion which the United 
        States contribution to the budget of the Organization 
        of American States for that fiscal year bears to the 
        total contributions to the budget of the Organization 
        of American States for that fiscal year.
    (k) \523\ In addition to amounts otherwise available under 
this section, there is authorized to be appropriated to the 
President such sums as may be necessary for each of the fiscal 
years 2004 through 2008 \524\ to be available only for United 
States contributions to the Vaccine Fund.\525\
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    \523\ Sec. 112(a) of the Global AIDS and Tuberculosis Relief Act of 
2000 (Public Law 106-264; 114 Stat. 753) added subsecs. (k) and (l). 
Sec. 112(b) of that Act provided the following:
    ``(b) Report.--At the close of fiscal year 2001, the President 
shall submit a report to the appropriate congressional committees on 
the effectiveness of the Global Alliance for Vaccines and Immunizations 
and the International AIDS Vaccine Initiative during that fiscal year 
in meeting the goals of--
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  ``(1) improving access to sustainable immunization services;

  ``(2) expanding the use of all existing, safe, and cost-effective 
vaccines where they address a public health problem;

  ``(3) accelerating the development and introduction of new vaccines and 
technologies;

  ``(4) accelerating research and development efforts for vaccines needed 
primarily in developing countries; and

  ``(5) making immunization coverage a centerpiece in international 
development efforts.''.
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    \524\ Sec. 203(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 
Stat. 711) struck out ``$50,000,000 for each of the fiscal years 2001 
and 2002'' and inserted in lieu thereof ``such sums as may be necessary 
for each of the fiscal years 2004 through 2008''.
    \525\ Sec. 203(a)(2) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 
Stat. 711) struck out ``Global Alliance for Vaccines and 
Immunizations'' and inserted in lieu thereof ``Vaccine Fund''.
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    (l) \523\ In addition to amounts otherwise available under 
this section, there is authorized to be appropriated to the 
President such sums as may be necessary for each of the fiscal 
years 2004 through 2008 \526\ to be available only for United 
States contributions to the International AIDS Vaccine 
Initiative.
---------------------------------------------------------------------------
    \526\ Sec. 203(b) of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat. 
711) struck out ``$10,000,000 for each of the fiscal years 2001 and 
2002'' and inserted in lieu thereof ``such sums as may be necessary for 
each of the fiscal years 2004 through 2008''.
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    (m) \527\ In addition to amounts otherwise available under 
this section, there are authorized to be appropriated to the 
President such sums as may be necessary for each of the fiscal 
years 2004 through 2008 to be available for United States 
contributions to malaria vaccine development programs, 
including the Malaria Vaccine Initiative of the Program for 
Appropriate Technologies in Health (PATH).
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    \527\ Sec. 203(c) of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat. 
711) added subsec. (m).
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    Sec. 303.\528\ Indus Basin Development.--In the event that 
funds made available under this Act (other than part II) are 
used by or under the supervision of the International Bank for 
Reconstruction and Development in furtherance of the 
development of the Indus Basin through the program of 
cooperation among South Asian and other countries of the free 
world, which is designed to promote economic growth and 
political stability in South Asia, such funds may be used in 
accordance with requirements, standards, or procedures 
established by the Bank concerning completion of plans and cost 
estimates and determination of feasibility, rather than with 
requirements, standards, or procedures concerning such matters 
set forth in this or other Acts; and such funds may also be 
used without regard to the provisions of section 901(b) of the 
Merchant Marine Act, 1936, as amended (46 U.S.C. 1241),\829\ 
whenever the President determines that such provisions cannot 
be fully satisfied without seriously impeding or preventing 
accomplishment of the purposes of such programs: Provided, That 
compensating allowances are made in the administration of other 
programs to the same or other areas to which the requirements 
of said section 901(b) are applicable.
---------------------------------------------------------------------------
    \528\ 22 U.S.C. 2223.
    \529\ For text, see Legislation on Foreign Relations Through 2008, 
vol. I-B.
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    Sec. 304.\530\ United Nations Peacekeeping. * * * 
[Repealed--1978]
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    \530\ Sec. 304, as added by the FA Act of 1967 (Public Law 90-137), 
was repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 305.\531\ Integration of Women.--The President is 
requested to instruct each representative of the United States 
to each international organization of which the United States 
is a member (including but not limited to the International 
Bank for Reconstruction and Development, the Asian Development 
Bank, the Inter-American Development Bank, the International 
Monetary Fund, the United Nations, and the Organization for 
Economic Cooperation and Development) to carry out their duties 
with respect to such organizations in such a manner as to 
encourage and promote the integration of women into the 
national economies of member and recipient countries and into 
professional and policy-making positions within such 
organizations, thereby improving the status of women. The 
President is further requested, in making United States 
contributions to such organizations, to take into account the 
progress, or lack of progress, of such organizations in 
adopting and implementing policies and practices which 
encourage and promote the integration of women into the 
national economies of member and recipient countries, and into 
professional and policy-making positions within such 
organizations, in accordance with the World Plan of Action of 
the Decade for Women.\532\
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    \531\ 22 U.S.C. 2225. Sec. 305 was added by sec. 54 of the FA Act 
of 1974 (Public Law 93-559), which inserted it at the end of part III, 
chapter 3. Sec. 313(b) of Public Law 94-161 reinserted it at the end of 
part I, chapter 3.
    \532\ Sec. 118(b) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) added this 
sentence.
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    Sec. 306.\533\ Reports on International Organizations.--The 
annual reports to the Congress under section 2 of the Act of 
September 21, 1950 (64 Stat. 902, 22 U.S.C. 262a), shall be 
submitted within nine months after the end of the fiscal year 
to which they relate.
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    \533\ 22 U.S.C. 2226. Sec. 703 of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157) 
added sec. 306. Sec. 1301(b) of the Federal Reports Elimination Act of 
1998 (Public Law 105-362; 112 Stat. 3293) struck out subsec. 
designation ``(a)'' in this para., and struck out subsec. (b), which 
had required the President to submit semiannual reports to the Congress 
listing all U.S. Government voluntary contributions to international 
organizations. Pursuant to Executive Order 12374 (July 28, 1982; 47 
F.R. 32903), those reporting responsibilities had been delegated to the 
Secretary of State.
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    Sec. 307.\534\ Withholding of United States Proportionate 
Share for Certain Programs of International Organizations.--(a) 
Notwithstanding any other provision of law, none of the funds 
authorized to be appropriated by this chapter shall be 
available for the United States proportionate share for 
programs for Burma,\535\ North Korea, Syria,\536\ Iran, Cuba, 
or the Palestine Liberation Organization or for projects whose 
purpose is to provide benefits to the Palestine Liberation 
Organization or entities  associated  with  it,\537\  or  at  
the  discretion  of  the President, Communist countries listed 
in section 620(f) of this Act.\538\
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    \534\ 22 U.S.C. 2227. Sec. 403 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219) 
added sec. 307.
    The Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat. 
857, 867), provided:
---------------------------------------------------------------------------

``international organizations and programs
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $352,500,000: 
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy Fund.
---------------------------------------------------------------------------

* * * * * * *

``limitation on availability of funds for international organizations and 
programs
---------------------------------------------------------------------------

    ``Sec. 7017. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under titles III 
through VI of this Act or any previously enacted Act making 
appropriations for the Department of State, foreign operations, and 
related programs, which are returned or not made available for 
organizations and programs because of the implementation of section 
307(a) of the Foreign Assistance Act of 1961, shall remain available 
for obligation until September 30, 2010.''.
    \535\ Sec. 2101 of the Emergency Supplemental Appropriations Act 
for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public 
Law 109-13; 119 Stat. 266) struck out ``Iraq''.
    \536\ Sec. 431(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) struck 
out ``the South-West Africa People's Organization'' and inserted 
``Burma, Iraq, North Korea, Syria''. Sec. 616 of the Department of 
State, Foreign Operations, and Related Programs Appropriations Act, 
2008 (division J of the Consolidated Appropriations Act, 2008; Public 
Law 110-161; 121 Stat. 2320), struck out ``Libya'' following ``Syria''.
    Sec. 431(b) of Public Law 103-236 (108 Stat. 459) further provided 
the following:
    ``(b) United Nations Development Program.--
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  ``(1) Except as provided in paragraphs (2) and (3), for fiscal years 1994 
and 1995 none of the funds made available for United Nations Development 
Program or United Nations Development Program--Administered Funds shall be 
available for programs and activities in or for Burma.

  ``(2) Of the funds made available for United Nations Development Program 
and United Nations Development Program--Administered Funds for fiscal year 
1994, $11,000,000 may be available only if the President certifies to the 
Congress that the United Nations Development Program's programs and 
activities in or for Burma promote the enjoyment of internationally 
guaranteed human rights in Burma and do not benefit the State Law and Order 
Restoration Council (SLORC) military regime.

  ``(3) Of the funds made available for United Nations Development Program 
and United Nations Development Program--Administered Funds for fiscal year 
1995, $27,600,000 may be available only if the President certifies to the 
Congress that--

  ``(A) the United Nations Development Program has approved or initiated no 
new programs and no new funding for existing programs in or for Burma since 
the United Nations Development Program Governing Council (Executive Board) 
meeting of June 1993,

  ``(B) such programs address unforeseen urgent humanitarian concerns, or

  ``(C) a democratically elected government in Burma has agreed to such 
programs.''.
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    \537\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as 
amended (Public Law 103-125; 107 Stat. 1309), authorized the President 
to suspend certain provisions of law, including sec. 307 of this Act, 
as they applied to the P.L.O. or entities associated with it if certain 
conditions were met and the President so certified and consulted with 
relevant congressional committees. This authority was continued in the 
Middle East Peace Facilitation Act of 1995 (title VI of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996; Public Law 104-107).
    The President issued certifications, as provided for in the 1993, 
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January 
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by 
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607); 
until July 1, 1995, by Presidential Determination No. 95-12 of December 
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential 
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October 
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60 
F.R. 44725); until November 1, 1995, by Presidential Determination No. 
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995, 
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R. 
57821); until March 31, 1996, by Presidential Determination No. 96-8 of 
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential 
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August 
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61 
F.R. 32629); until February 12, 1997, by Presidential Determination No. 
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by 
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R. 
9903).
    Authority to waive certain provisions is continued in general 
provisions of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8); see 
secs. 7034(d), special authorities relating to sec. 1003 of the Anti-
Terrorism Act of 1987 (123 Stat. 877) (see next para.); sec. 7037, 
relating to restrictions concerning the Palestinian Authority (123 
Stat. 880); and sec. 7040, limitation on assistance for the Palestinian 
Authority 9123 Stat. 882). See also sec. 7036, restricting aid unless 
the Secretary of State certifies that certain conditions have been met 
pertaining to Palestinian statehood (123 Stat. 879); sec. 7038, 
prohibiting assistance to the Palestinian Broadcasting Corporation (123 
Stat. 881); and sec. 7039, relating to assistance for the West Bank and 
Gaza (123 Stat. 881).
    On December 5, 1997, the President waived the provisions of sec. 
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through 
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255); 
further waived through November 26, 1998 (Presidential Determination 
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999 
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R. 
68145); through October 21, 1999 (Presidential Determination No. 99-25; 
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential 
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October 
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65 
F.R. 24852); through October 17, 2001 (Presidential Determination No. 
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002 
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R. 
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003 
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R. 
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004 
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R. 
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005 
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R. 
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006 
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R. 
62225).
    Sec. 604 of the Middle East Peace Commitments Act of 2002 (title VI 
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public 
Law 107-228) authorizes the President to waive any sanction imposed 
under that section, including terminating any waiver issued pursuant to 
sec. 1003 of the 1987 Act, if he finds it in the national security 
interests of the United States to do so. The President has exercised 
this authority in Presidential Determination No. 2006-17 of June 30, 
2006 (71 F.R. 39511); Presidential Determination No. 2007-12 of 
February 7, 2007 (72 F.R. 9225); and Presidential Determination No. 
2008-12 of February 13, 2008 (73 F.R. 10125).
    \538\ Sec. 516 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of 
Public Law 105-277; 112 Stat. 2681) added ``, or at the discretion of 
the President, Communist countries listed in section 620(f) of this 
Act.''.
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    (b) The Secretary of State--
          (1) shall review, at least annually, the budgets and 
        accounts of all international organizations receiving 
        payments of any funds authorized to be appropriated by 
        this chapter; and
          (2) shall report to the appropriate committees of the 
        Congress the amounts of funds expended by each such 
        organization for the purposes described in subsection 
        (a) and the amount contributed by the United States to 
        each such organization.
    (c) \539\ (1) Subject to paragraph (2), the limitations 
\540\ of subsection (a) shall not apply to contributions to the 
International Atomic Energy Agency or the United Nations 
Children's Fund (UNICEF).
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    \539\ Sec. 431(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) added 
subsec. (c).
    \540\ Sec. 2809(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681) struck out ``The limitations'' and inserted in 
lieu thereof ``(1) Subject to paragraph (2), the limitations''. Sec. 
2809(a)(2) of that Act added para. (2). See also sec. 2809(b) and (c) 
of that Act, in Legislation on Foreign Relations Through 2008, vol. II-
A.
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    (2) \540\ (A) Except as provided in subparagraph (B), with 
respect to funds authorized to be appropriated by this chapter 
and available for the International Atomic Energy Agency, the 
limitations of subsection (a) shall apply to programs or 
projects of such Agency in Cuba.
    (B)(i) Subparagraph (A) shall not apply with respect to 
programs or projects of the International Atomic Energy Agency 
that provide for the discontinuation, dismantling, or safety 
inspection of nuclear facilities or related materials, or for 
inspections and similar activities designed to prevent the 
development of nuclear weapons by a country described in 
subsection (a).
    (ii) Clause (i) shall not apply with respect to the Juragua 
Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi 
Nuclear Research Center unless Cuba--
          (I) ratifies the Treaty on the Non-Proliferation of 
        Nuclear Weapons (21 UST 483) or the Treaty for the 
        Prohibition of Nuclear Weapons in Latin America 
        (commonly known as the Treaty of Tlatelolco);
          (II) negotiates full-scope safeguards of the 
        International Atomic Energy Agency not later than two 
        years after ratification by Cuba of such Treaty; and
          (III) incorporates internationally accepted nuclear 
        safety standards.
    (d) \541\ (1) Notwithstanding subsection (c), if the 
Secretary of State determines that programs and projects of the 
International Atomic Energy Agency in Iran are inconsistent 
with United States nuclear nonproliferation and safety goals, 
will provide Iran with training or expertise relevant to the 
development of nuclear weapons, or are being used as a cover 
for the acquisition of sensitive nuclear technology, the 
limitations of subsection (a) shall apply to such programs and 
projects, and the Secretary of State shall so notify the 
appropriate congressional committees (as defined in section 3 
of the Foreign Relations Authorization Act, Fiscal Year 2003).
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    \541\ Sec. 1342 of the Iran Nuclear Proliferation Prevention Act of 
2002 (subtitle D of title XIII of the Foreign Relations Authorization 
Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1451) added 
subsec. (d).
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    (2) A determination made by the Secretary of State under 
paragraph (1) shall be effective for the 1-year period 
beginning on the date of the determination.

        Chapter 4--Supporting Assistance \542\ [Repealed--1972]

                     Chapter 5--Contingencies \543\

    Sec. 451.\544\ Contingencies.\543\--(a) \545\ (1) 
Notwithstanding any other provision of law, the President is 
authorized to use \546\ funds made available to carry out any 
provision of this Act (other than the provisions of chapter 1 
of this part) in order to provide, for any unanticipated 
contingencies,\547\ assistance authorized by this part in 
accordance with the provisions applicable to the furnishing of 
such assistance, except that the authority of this subsection 
may not be used to authorize the use of more than $25,000,000 
during any fiscal year.\548\
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    \542\ Sec. 202(b) of the FA Act of 1971 (Public Law 92-226) 
repealed chapter 4 of part I. This subject matter is now covered under 
chapter 4 of part II of this Act, Economic Support Fund.
    \543\ Sec. 2 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 701) changed the title of chapter 5 and 
sec. 451 from ``Contingency Fund'' to ``Contingencies''. Previously, 
sec. 503(1) of Public Law 94-329 substituted ``Contingency Fund'' for 
``Disaster Relief'' in the title of chapter 5 while sec. 2(1) of Public 
Law 93-333 changed the title of chapter 5 from ``Contingency Fund'' to 
``Disaster Relief''.
    \544\ 22 U.S.C. 2261. Sec. 28(c) of the FA Act of 1974 (Public Law 
93-559) amended and restated sec. 451. It formerly read as follows:
    ``Sec. 451. Contingency Fund--(a) There is authorized to be 
appropriated to the President for each of the fiscal years 1974 and 
1975 not to exceed $30,000,000, to provide assistance authorized by 
this part primarily for disaster relief purposes, in accordance with 
the provisions applicable to the furnishing of such assistance. (b) The 
President shall provide quarterly reports to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Speaker of the House of Representatives on the programing and the 
obligation of funds under subsection (a).''.
    In Department of State Public Notice 6237 of April 25, 2008 (73 
F.R. 30659), the Deputy Secretary of State authorized ``notwithstanding 
any other provision of law, the use of up to $3 million in Fiscal Year 
2008 Peacekeeping Operations (PKO) funds available under Chapter 6 of 
Part II of the Act, in order to provide, for any unanticipated 
contingencies, assistance authorized by Part I of the Act (which is 
deemed to include references to Chapter 6 of Part II) for Sudan.''.
    \545\ Sec. 2 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 701) amended and restated subsec. (a).
    \546\ Sec. 588(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056), struck out ``not to exceed $10,000,000 of'' and ``in any 
fiscal year'' at these points, respectively.
    \547\ Sec. 588(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056), struck out ``emergency purposes'' and inserted in lieu 
thereof ``unanticipated contingencies''.
    \548\ Sec. 588(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2056), added ``, except that the authority of this subsection may 
not be used to authorize the use of more than $25,000,000 during any 
fiscal year.''.
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    (2) The President shall report promptly to the Speaker of 
the House of Representatives and to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate 
each time he exercises the authority contained in this 
subsection.
    (b) \549\ * * * [Repealed--1981]
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    \549\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (b), which had required a quarterly report from the President 
concerning the programing and obligation of funds under this section.
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    (c) No part of this fund shall be used to pay for any gifts 
to any officials of any foreign government made heretofore or 
hereafter.\550\
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    \550\ Sec. 452, which was added by sec. 2(2) of the Foreign 
Disaster Assistance Act of 1974 (Public Law 93-333) and formerly 
appeared at this point, was redesignated as sec. 494 by Sec. 101(4) of 
Public Law 94-161 (89 Stat. 849).
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Chapter 6--Central America Democracy, Peace, and Development Initiative 
                                 \551\

    Sec. 461.\551\, \552\ Statement of Policy.--(a) 
The Congress finds that--
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    \551\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 6, as 
enacted in the Foreign Assistance Act of 1961, titled: ``Assistance to 
Countries Having Agrarian Economies''. Sec. 701 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 234) added a new chapter 6 (sec. 461 through 466).
    \552\ 22 U.S.C. 2271.
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          (1) the building of democracy, the restoration of 
        peace, the improvement of living conditions, and the 
        application of equal justice under law in Central 
        America are important to the interests of the United 
        States and the community of American States; and
          (2) the interrelated issues of social and human 
        progress, economic growth, political reform, and 
        regional security must be effectively dealt with to 
        assure a democratic and economically and politically 
        secure Central America.
    (b)(1) The achievement of democracy, respect for human 
rights, peace, and equitable economic growth depends primarily 
on the cooperation and the human and economic resources of the 
people and governments of Central America. The Congress 
recognizes that the United States can make a significant 
contribution to such peaceful and democratic development 
through a consistent and coherent policy which includes a long-
term commitment of assistance. This policy should be designed 
to support actively--
          (A) democracy and political reform, including opening 
        the political process to all members of society;
          (B) full observance of internationally recognized 
        human rights, including free elections, freedom of the 
        press, freedom of association, and the elimination of 
        all human rights abuses;
          (C) leadership development, including training and 
        educational programs to improve public administration 
        and the administration of justice;
          (D) land reform, reform in tax systems, encouragement 
        of private enterprise and individual initiative, 
        creation of favorable investment climates, curbing 
        corruption where it exists, and spurring balanced 
        trade;
          (E) the establishment of the rule of law and an 
        effective judicial system; and
          (F) the termination of extremist violence by both the 
        left and the right as well as vigorous action to 
        prosecute those guilty of crimes and the prosecution to 
        the extent possible of past offenders.
    (2) The policy described in paragraph (1) should also 
promote equitable economic growth and development, including 
controlling the flight of capital and the effective use of 
foreign assistance and adhering to approved programs for 
economic stabilization and fiscal responsibility. Finally, this 
policy should foster dialog and negotiations--
          (A) to achieve peace based upon the objectives of 
        democratization, reduction of armament, an end to 
        subversion, and the withdrawal of foreign military 
        forces and advisers; and
          (B) to provide a security shield against violence and 
        intimidation.
    (3) It is the purpose of this chapter to establish the 
statutory framework and to authorize the appropriations and 
financing necessary to carry out the policy described in this 
section.
    (c) The Congress finds, therefore, that the people of the 
United States are willing to sustain and expand a program for 
economic and military assistance in Central America if the 
recipient countries can demonstrate progress toward and a 
commitment to these goals.
    Sec. 462.\551\, \553\ Conditions on Furnishing 
Assistance.--The President shall ensure that assistance 
authorized by this Act and the Arms Export Control Act to 
Central American countries is furnished in a manner which 
fosters demonstrated progress toward and commitment to the 
objectives set forth in section 461. Where necessary to achieve 
this purpose, the President shall impose conditions on the 
furnishing of such assistance. In carrying out this section, 
the President shall consult with the Congress in regard to 
progress toward the objectives set forth in section 461, and 
any conditions imposed on the furnishing of assistance in 
furtherance of those objectives.
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    \553\ 22 U.S.C. 2272.
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    Sec. 463.\551\, \554\ Peace Process in Central 
America.--The Congress--
---------------------------------------------------------------------------
    \554\ 22 U.S.C. 2273.
---------------------------------------------------------------------------
          (1) strongly supports the initiatives taken by the 
        Contadora group and the resulting Document of 
        Objectives which has been agreed to by Costa Rica, El 
        Salvador, Guatemala, Honduras, and Nicaragua and which 
        sets forth a framework for negotiating a peaceful 
        settlement to the conflict and turmoil in the region; 
        and
          (2) finds that the United States should provide such 
        assistance and support as may be appropriate in helping 
        to reach comprehensive and verifiable final agreements, 
        based on the Document of Objectives, which will ensure 
        peaceful and enduring solutions to the Central American 
        conflicts.
    Sec. 464.\551\, \555\ Economic Assistance 
Coordination.--(a) The Congress finds that participation by 
Central American countries in an effective forum for dialog on, 
and the continuous review and advancement of, Central America's 
political, economic, and social development would foster 
cooperation between the United States and Central American 
countries.
---------------------------------------------------------------------------
    \555\ 22 U.S.C. 2274.
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    (b) It is the sense of the Congress that--
          (1) the President should enter into negotiations with 
        the countries of Central America to establish a Central 
        American Development Organization (hereafter in this 
        section referred to as the ``Organization'') to help 
        provide a continuous and coherent approach to the 
        development of the Central American region; and
          (2) the establishment of the Organization should be 
        based upon the following principles:
                  (A) Participation in the Organization should 
                be open to the United States, other donors, and 
                those Central American countries that commit 
                themselves to, among other things, respecting 
                internationally recognized human rights, 
                building democracy, and encouraging equitable 
                economic growth through policy reforms.
                  (B) The Organization should be structured to 
                include representatives from both the public 
                and private sectors, including representatives 
                from the labor, agriculture, and business 
                communities.
                  (C) The Organization should meet periodically 
                to carry out the functions described in 
                subparagraphs (D) and (E) of this paragraph and 
                should be supported by a limited professional 
                secretariat.
                  (D) The Organization should make 
                recommendations affecting Central American 
                countries on such matters as--
                          (i) political, economic, and social 
                        development objectives, including the 
                        strengthening of democratic pluralism 
                        and the safeguarding of internationally 
                        recognized human rights;
                          (ii) mobilization of resources and 
                        external assistance needs; and
                          (iii) reform of economic policies and 
                        structures.
                  (E) The Organization should have the capacity 
                for monitoring country performance on 
                recommendations issued in accordance with 
                subparagraph (D) of this paragraph and for 
                evaluating progress toward meeting such country 
                objectives.
                  (F) To the maximum extent practicable, the 
                United States should follow the recommendations 
                of the Organization in disbursing bilateral 
                economic assistance for any Central American 
                country. No more than 75 percent of such United 
                States assistance in any fiscal year should be 
                disbursed until the recommendations of the 
                Organization for that fiscal year have been 
                made final and communicated to the donor 
                countries. The limitation on disbursements 
                contained in the preceding sentence should 
                apply only to recommendations made final and 
                communicated to donor countries prior to the 
                fourth quarter of such fiscal year. The United 
                States representative to the Organization 
                should urge other donor countries to similarly 
                implement the recommendations of the 
                Organization.
                  (G) The administrator of the agency primarily 
                responsible for administering part I of this 
                Act, or his designee, should represent the 
                United States Government in the Organization 
                and should carry out his functions in that 
                capacity under the continuous supervision and 
                general direction of the Secretary of State.
    (c) Subject to subsection (d)(2), the President is 
authorized to participate in the Organization.
    (d)(1) The administrator of the agency primarily 
responsible for administering part I of this Act, under the 
supervision and direction of the Secretary of State, shall 
prepare a detailed proposal to carry out this section and shall 
keep the Committee on Foreign Affairs \556\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate fully and currently informed concerning the development 
of this proposal.
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    \556\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (2) The President shall transmit to the Committee on 
Foreign Affairs \556\ of the House of Representatives and the 
Committee on Foreign Relations of the Senate a copy of the text 
of any agreement, which he proposes to sign, that would provide 
for the establishment of and United States participation in the 
Organization no less than sixty days prior to his signature. 
During that sixty-day period there shall be full and formal 
consultations with and review by those committees in accordance 
with procedures applicable to reprogramming notifications 
pursuant to section 634A of this Act.
    Sec. 465.\551\, \557\ Authorization for Fiscal 
Years 1988 and 1989.--(a) In addition to amounts otherwise 
available for such purposes, there are authorized to be 
appropriated to the President, for the purpose of furnishing 
nonmilitary assistance for Central American countries, 
$1,200,000,000 for each of the fiscal years 1988 and 1989, 
which are authorized to remain available until expended.
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    \557\ 22 U.S.C. 2275.
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    (b) For the purpose of providing the assistance described 
in subsection (a), funds appropriated pursuant to the 
authorizations in that subsection may be transferred by the 
President for obligation in accordance with the authorities of 
part I of this Act (including chapter 4 of part II), the Peace 
Corps Act, the Migration and Refugee Assistance Act of 1962, 
the United States Information and Education Exchange Act of 
1948, the Mutual Educational and Cultural Exchange Act of 1961, 
the National Endowment for Democracy Act, and the State 
Department Basic Authorities Act of 1956.
    Sec. 466.\551\, \558\ Definitions.--For the 
purposes of this chapter, the term ``Central American 
countries'' includes Belize, Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua, Panama, and regional programs 
which benefit such countries.
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    \558\ 22 U.S.C. 2276.
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               Chapter 7--Debt-For-Nature Exchanges \559\

    Sec. 461.\560\ Definition.--For purpose of this chapter, 
the term ``debt-for-nature exchange'' means the cancellation or 
redemption of the foreign debt of the government of a country 
in exchange for--
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    \559\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 7, as 
enacted in the Foreign Assistance Act of 1966 (Public Law 89-583), 
titled: ``Joint Commissions on Rural Development''. A new chapter 7 was 
added by sec. 711 of the International Development and Finance Act of 
1989 (Public Law 101-240; 103 Stat. 2521).
    \560\ 22 U.S.C. 2281. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 471''.
    The Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat. 
874), provided the following:
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``debt-for-development
---------------------------------------------------------------------------

    ``Sec. 7031. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development 
may place in interest bearing accounts local currencies which accrue to 
that organization as a result of economic assistance provided under 
title III of this Act and, subject to the regular notification 
procedures of the Committees on Appropriations, any interest earned on 
such investment shall be used for the purpose for which the assistance 
was provided to that organization.''.
    See also in that Act, sec. 7032, relating to authority to engage in 
debt buybacks or sales (123 Stat. 875).
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          (1) that government's making available local 
        currencies (including through the issuance of bonds) 
        which are used only for eligible projects involving the 
        conservation or protection of the environment in that 
        country (as described in section 463); \561\ or
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    \561\ All sections in chapter 7 are misnumbered, as enacted by the 
International Development and Finance Act of 1989 (Public Law 101-240; 
103 Stat. 2521). Reference should read ``section 473''.
---------------------------------------------------------------------------
          (2) that government's financial resource or policy 
        commitment to take certain specified actions to ensure 
        the restoration, protection, or sustainable use of 
        natural resources within that country; or
          (3) a combination of assets and actions under both 
        paragraphs (1) and (2).
    Sec. 462.\562\ Assistance for Commercial Debt Exchanges.--
(a) The Administrator of the Agency for International 
Development is authorized to furnish assistance, in the form of 
grants on such terms and conditions as may be necessary, to 
nongovernmental organizations for the purchase on the open 
market of discounted commercial debt of a foreign government of 
an eligible country which will be canceled or redeemed under 
the terms of an agreement with that government as part of a 
debt-for-nature exchange.
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    \562\ 22 U.S.C. 2282. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 472''.
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    (b) Notwithstanding any other provision of law, a grantee 
(or any subgrantee) of the grants referred to in subsection (a) 
may retain, without deposit in the Treasury of the United 
States and without further appropriation by Congress, interest 
earned on the proceeds of any resulting debt-for-nature 
exchange pending the disbursements of such proceeds and 
interest for approved program purposes, which may include the 
establishment of an endowment, the income of which is used for 
such purposes.
    Sec. 463.\563\ Eligible Projects.--(a) The Administrator of 
the Agency for International Development shall seek to ensure 
that debt-for-nature exchanges under this chapter support one 
or more of the following activities by either the host 
government, a local private conservation group, or a 
combination thereof:
---------------------------------------------------------------------------
    \563\ 22 U.S.C. 2283. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 473''.
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          (1) restoration, protection, or sustainable use of 
        the world's oceans and atmosphere;
          (2) restoration, protection, or sustainable use of 
        diverse animal and plant species;
          (3) establishment, restoration, protection, and 
        maintenance of parks and reserves;
          (4) development and implementation of sound systems 
        of natural resource management;
          (5) development and support of local conservation 
        programs;
          (6) training programs to strengthen conservation 
        institutions and increase scientific, technical, and 
        managerial capabilities of individuals and 
        organizations involved in conservation efforts;
          (7) efforts to generate knowledge, increase 
        understanding, and enhance public commitment to 
        conservation;
          (8) design and implementation of sound programs of 
        land and ecosystem management; and
          (9) promotion of regenerative approaches in farming, 
        forestry, fishing, and watershed management.
  (b)(1) In cooperation with nongovernmental organizations, the 
Administrator of the Agency for International Development shall 
seek to identify those areas, which because of an imminent 
threat, are in particular need of immediate attention to 
prevent the loss of unique biological life or valuable 
ecosystem.
  (2) The Administrator of the Agency for International 
Development shall encourage as many eligible countries as 
possible to propose such exchanges with the purpose of 
demonstrating to a large number of governments the feasibility 
and benefits of sustainable development.
  Sec. 464.\564\ Eligible Countries.--In order for a foreign 
country to be eligible to participate in a debt-for-nature 
exchange under this chapter, the Administrator of the Agency 
for International Development shall determine that--
---------------------------------------------------------------------------
    \564\ 22 U.S.C. 2284. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 474''.
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          (1) the host country is fully committed to the long-
        term viability of the program or project that is to be 
        undertaken through the debt-for-nature exchange;
          (2) a long-term plan has been prepared by the host 
        country, or private conservation group, which 
        adequately provides for the long-term viability of the 
        program or project that is to be undertaken through the 
        debt-for-nature exchange or that such a plan will be 
        prepared in a timely manner; and
          (3) there is a government agency or a local 
        nongovernmental organization, or combination thereof, 
        in the host country with the capability, commitment, 
        and record of environmental concern to oversee the 
        long-term viability of the program or project that is 
        to be undertaken through the debt-for-nature exchange.
  Sec. 465.\565\ Terms and Conditions.--(a) The terms and 
conditions for making grants under this chapter shall be deemed 
to be fulfilled upon final approval by the Administrator of the 
Agency for International Development of the debt-for-nature 
exchange, a certification by the nongovernmental organization 
that the host government has accepted the terms of the 
exchange, and that an agreement has been reached to cancel the 
commercial debt in an agreed upon fashion.
---------------------------------------------------------------------------
    \565\ 22 U.S.C. 2285. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 475''.
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  (b) Grants made under this section are intended to 
complement, and not substitute for, assistance otherwise 
available to a foreign country under this Act or any other 
provision of law.
  (c) The United States Government is prohibited from accepting 
title or interest in any land in a foreign country as a 
condition on the debt exchange.
  Sec. 466.\566\ Pilot Program for Sub-Saharan Africa.--(a) The 
Administrator of the Agency for International Development, in 
cooperation with nongovernmental conservation organizations, 
shall invite the government of each country in sub-Saharan 
Africa to submit a list of those areas of severely degraded 
national resources which threaten human survival and well-being 
and the opportunity for future economic growth or those areas 
of biological or ecological importance within the territory of 
that country.
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    \566\ 22 U.S.C. 2286. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 476''.
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  (b) The Administrator of the Agency for International 
Development shall assess the list submitted by each country 
under subsection (a) and shall seek to reach agreement with the 
host country for the restoration and future sustainable use of 
those areas.
  (c)(1) The Administrator of the Agency for International 
Development is authorized to make grants, on such terms and 
conditions as may be necessary, to nongovernmental 
organizations for the purchase on the open market of discounted 
commercial debt of a foreign government of an eligible sub-
Saharan country in exchange for commitments by that government 
to restore natural resources identified by the host country 
under subsection (a) or for commitments to develop plans for 
sustainable use of such resources.
  (2) Notwithstanding any other provision of law, a grantee (or 
any subgrantee) of the grants referred to in section (a) may 
retain, without deposit in the Treasury of the United States 
and without further appropriation by Congress, interest earned 
on the proceeds of any resulting debt-for-nature exchange 
pending the disbursements of such proceeds and interest for 
approved program purposes, which may include the establishment 
of an endowment, the income of which is used for such purposes.

            Chapter 8--International Narcotics Control \567\

SEC. 481.\568\ POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN 
                    POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

    (a) Policy and General Authorities.--
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    \567\ Sec. 109 of the FA Act of 1971 (Public Law 92-226) added 
chapter 8. See other legislation on international narcotics control in 
Legislation on Foreign Relations Through 2008, vol. I-B, particularly 
the establishment of the President's Council on Counter-Narcotics 
(title VII, sec. 709, of Public Law 105-277), and the Western 
Hemisphere Drug Elimination Act (title VIII of Public Law 105-277).
    \568\ 22 U.S.C. 2291. Sec. 1519(a) of the Housing and Community 
Development Act of 1992 (Public Law 102-550; 106 Stat. 4060) amended 
sec. 481 at subsec. (a) by redesignating former subpara. (E) as (F), 
and inserting a new subpara. (E).
    Sec. 1519(b) of Public Law 102-550, furthermore, amended sec. 
481(e) to require a report on major money laundering countries.
    Sec. 4 of the International Narcotics Control Act of 1992 (Public 
Law 102-583; 106 Stat. 4914), however, substantially amended and 
restated sec. 481. Sec. 4(a) struck the section designation, section 
heading, and subsec. (a), and restated these through subpara. (F).
    Chapter 8 was originally added by sec. 109 of the FA Act of 1971. 
See other legislation on international narcotics control in Legislation 
on Foreign Relations Through 2008, vol. I-B.
    The original sec. 481 read as follows:
    ``It is the sense of the Congress that effective international 
cooperation is necessary to put an end to the illicit production, 
trafficking in, and abuse of dangerous drugs. In order to promote such 
cooperation, the President is authorized to conclude agreements with 
other countries to facilitate control of the production, processing, 
transportation, and distribution of narcotic analgesics, including 
opium and its derivatives, other narcotic drugs and psychotropics and 
other controlled substances as defined in the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (Public Law 91-513). Notwithstanding 
any other provision of law, the President is authorized to furnish 
assistance to any country or international organization, on such terms 
and conditions as he may determine, for the control of the production 
of, processing of, and traffic in, narcotic and psychotropic drugs. In 
furnishing such assistance the President may use any of the funds made 
available to carry out the provisions of this Act. The President shall 
suspend economic and military assistance furnished under this or any 
other Act, and shall suspend sales under the Foreign Military Sales Act 
and under title I of the Agriculture Trade Development and Assistance 
Act of 1954 with respect to any country when the President determines 
that the government of such country has failed to take adequate steps 
to prevent narcotic drugs and other controlled substances (as defined 
by the Comprehensive Drug Abuse Prevention and Control Act of 1970) 
produced or processed, in whole or in part, in such country, or 
transported through such country, from being sold illegally within the 
jurisdiction of such country to United States Government personnel or 
their dependents, or from entering the United States unlawfully. Such 
suspension shall continue until the President determines that the 
government of such country has taken adequate steps to carry out the 
purposes of this chapter.''.
    Sec. 481(a) had been amended previously by sec. 503 of the Foreign 
Relations Authorization Act of 1972, sec. 11 of the FA Act of 1973, 
sec. 1003(a) of the Department of State Authorization Act, Fiscal Years 
1984 and 1985, sec. 4502 of the International Narcotics Control Act of 
1988, and sec. 17 of the International Narcotics Control Act of 1989.
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          (1) Statements of policy.--(A) International 
        narcotics trafficking poses an unparalleled 
        transnational threat in today's world, and its 
        suppression is among the most important foreign policy 
        objectives of the United States.
          (B) Under the Single Convention on Narcotic Drugs, 
        1961, and under the United Nations Convention Against 
        Illicit Traffic in Narcotic Drugs and Psychotropic 
        Substances, the parties are required to criminalize 
        certain drug-related activities, provide appropriately 
        severe penalties, and cooperate in the extradition of 
        accused offenders.
          (C) International narcotics control programs should 
        include, as priority goals, the suppression of the 
        illicit manufacture of and trafficking in narcotic and 
        psychotropic drugs, money laundering, and precursor 
        chemical diversion, and the progressive elimination of 
        the illicit cultivation of the crops from which 
        narcotic and psychotropic drugs are derived.
          (D) \569\ International criminal activities, 
        particularly international narcotics trafficking, money 
        laundering, 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.
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    \569\ Sec. 131(a)(1) of Public Law 104-164 (110 Stat. 1429) 
redesignated subparas. (D) through (F) as subparas. (E) through (G), 
and added a new subpara. (D).
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          (E) \569\ The international community should provide 
        assistance, where appropriate, to those producer and 
        transit countries which require assistance in 
        discharging these primary obligations.
          (F) \569\ The objective of the United States in 
        dealing with the problem of international money 
        laundering is to ensure that countries adopt 
        comprehensive domestic measures against money 
        laundering and cooperate with each other in narcotics 
        money laundering investigations, prosecutions, and 
        related forfeiture actions.
          (G) \569\ Effective international cooperation is 
        necessary to control the illicit cultivation, 
        production, and smuggling of, trafficking in, and abuse 
        of narcotic and psychotropic drugs.
    (2) In order to promote such cooperation, the President is 
authorized to conclude agreements, including reciprocal 
maritime agreements,\570\ with other countries to facilitate 
control of the production, processing, transportation, and 
distribution of narcotics analgesics, including opium and its 
derivatives, other narcotic and psychotropic drugs, and other 
controlled substances.
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    \570\ Sec. 4(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal 
maritime agreements,''.
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    (3) \571\ In order to promote international cooperation in 
combating international trafficking in illicit narcotics, it 
shall be the policy of the United States to use its voice and 
vote in multilateral development banks to promote the 
development and implementation in the major illicit drug 
producing countries of programs for the reduction and eventual 
eradication of narcotic drugs and other controlled substances, 
including appropriate assistance in conjunction with effective 
programs of illicit crop eradication.
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    \571\ Sec. 2017 of Public Law 99-570 (100 Stat. 3207-68) added 
para. (3). Sec. 2017 redesignated the previous para. (3) as para. (4).
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    (4) \571\ Notwithstanding any other provision of law, the 
President is authorized to furnish assistance to any country or 
international organization, on such terms and conditions as he 
may determine, for the control of narcotic and psychotropic 
drugs and other controlled substances, or for other anticrime 
purposes.\572\
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    \572\ Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added 
``, or for other anticrime purposes''.
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  (b) \573\ Coordination of All United States Antinarcotics 
Assistance to Foreign Countries.--
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    \573\ Sec. 4(c) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b). 
Originally, subsec. (b) was added to sec. 481 by sec. 11(a) of the FA 
Act of 1973 (Public Law 93-189). This subsection has previously been 
amended and restated by sec. 17(b) of the International Narcotics 
Control Act of 1989, and sec. 604 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83).
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          (1) Responsibility of secretary of state.--Consistent 
        with subtitle A of title I of the Anti-Drug Abuse Act 
        of 1988, the Secretary of State shall be responsible 
        for coordinating all assistance provided by the United 
        States Government to support international efforts to 
        combat illicit narcotics production or trafficking.
          (2) Rule of construction.--Nothing contained in this 
        subsection or section 489(b) shall be construed to 
        limit or impair the authority or responsibility of any 
        other Federal agency with respect to law enforcement, 
        domestic security operations, or intelligence 
        activities as defined in Executive Order 12333.\574\
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    \574\ For text, see Legislation on Foreign Relations Through 2008, 
vol. II-A.
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    (c) \575\ Participation in Foreign Police Actions.--
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    \575\ Popularly referred to as the Mansfield amendment. Sec. 504(b) 
of the International Security Assistance and Arms Export Control Act of 
1976 (Public Law 94-329; 90 Stat. 764) added subsec. (c). Sec. 15 of 
the International Narcotics Control Act of 1989 (Public Law 101-231; 
103 Stat. 1963) comprehensively amended and restated subsec. (c). It 
had previously been amended and restated by sec. 2009 of Public Law 99-
570 (100 Stat. 3207-64).
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          (1) Prohibition on effecting an arrest.--No officer 
        or employee of the United States may directly effect an 
        arrest in any foreign country as part of any foreign 
        police action with respect to narcotics control 
        efforts, notwithstanding any other provision of law.
          (2) Participation in arrest actions.--Paragraph (1) 
        does not prohibit an officer or employee of the United 
        States, with the approval of the United States chief of 
        mission, from being present when foreign officers are 
        effecting an arrest or from assisting foreign officers 
        who are effecting an arrest.
          (3) Exception for exigent, threatening 
        circumstances.--Paragraph (1) does not prohibit an 
        officer or employee from taking direct action to 
        protect life or safety if exigent circumstances arise 
        which are unanticipated and which pose an immediate 
        threat to United States officers or employees, officers 
        or employees of a foreign government, or members of the 
        public.
          (4) Exception for maritime law enforcement.--With the 
        agreement of a foreign country, paragraph (1) does not 
        apply with respect to maritime law enforcement 
        operations in the territorial sea or archipelagic 
        waters \576\ of that country.
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    \576\ Sec. 4(d) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) inserted ``or archipelagic 
waters'' after ``sea''.
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          (5) Interrogations.--No officer or employee of the 
        United States may interrogate or be present during the 
        interrogation of any United States person arrested in 
        any foreign country with respect to narcotics control 
        efforts without the written consent of such person.
          (6) Exception for status of forces arrangements.--
        This subsection does not apply to the activities of the 
        United States Armed Forces in carrying out their 
        responsibilities under applicable Status of Forces 
        Arrangements.
    (d) \577\ Use of Herbicides for Aerial Eradication.--
---------------------------------------------------------------------------
    \577\ Subsec. (d), as added by sec. 4 of Public Law 95-384 (92 
Stat. 730), was amended by sec. 3(b) of Public Law 96-92 (93 Stat. 
702), amended by sec. 502(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538), 
and was further amended and restated by sec. 17(c) of the International 
Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964). 
Sec. 502(a)(2) and (3) of Public Law 97-113 also stipulated the 
conditions under which funds appropriated prior to enactment of this 
amendment could be utilized generally, and specifically in the case of 
assistance for Colombia appropriated in fiscal year 1980. Subsection 
(d) previously read as follows:
    ``(d)(1) The Secretary of State shall inform the Secretary of 
Health and Human Services of the use or intended use by any country or 
international organization of any herbicide to eradicate marihuana in a 
program receiving assistance under this chapter.
    ``(2) The Secretary of Health and Human Services shall monitor the 
impact on the health of persons who may use or consume marihuana of the 
spraying of a herbicide to eradicate such marihuana in a program 
receiving assistance under this chapter, and if the Secretary 
determines that such persons are exposed to amounts of such herbicide 
which are harmful to their health, the Secretary shall prepare and 
transmit a report to the Congress setting forth such determination 
together with any recommendations the Secretary may have.
    ``(3) Of the funds authorized to be appropriated for the fiscal 
year 1982 under section 482, the President is urged to use not less 
than $100,000 to develop a substance that clearly and readily warns 
persons who may use or consume marihuana that it has been sprayed with 
the herbicide paraquat or other herbicide harmful to the health of such 
person.
    ``(4) If the Secretary of Agriculture determines that a substance 
has been developed that clearly and readily warns persons who may use 
or consume marihuana that it has been sprayed with the herbicide 
paraquat or other herbicide harmful to the health of such persons, such 
substance shall be used in conjunction with the spraying of paraquat or 
such other herbicide in any program receiving assistance under this 
chapter.
    ``(5)(A) The President, with the assistance of appropriate Federal 
agencies, shall monitor any use under this chapter of a herbicide in 
the aerial eradication of coca in order to determine the impact of such 
use on the environment and on the health of individuals.
    ``(B) The President shall report on such impact in the annual 
report required by subsection (e).
    ``(C) If the President determines that any such use is harmful to 
the environment or the health of individuals, the President shall 
immediately report that determination to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate, together with such recommendations as the 
President deems appropriate.''.
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          (1) Monitoring.--The President, with the assistance 
        of appropriate Federal agencies, shall monitor any use 
        under this chapter of a herbicide for aerial 
        eradication in order to determine the impact of such 
        use on the environment and on the health of 
        individuals.
          (2) \578\ Annual reports.--In the annual report 
        required by section 489(a),\579\ the President shall 
        report on the impact on the environment and the health 
        of individuals of the use under this chapter of a 
        herbicide for aerial eradication.
---------------------------------------------------------------------------
    \578\ Sec. 101(a) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out 
para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3). 
Para. (2) formerly required that the Secretary of State inform the 
Secretary of Health and Human Services and the Administrator of the 
Environmental Protection Agency of the use or intended use by any 
country or international organization of any herbicide for aerial 
eradication in a program receiving assistance under this chapter.
    \579\ Sec. 6(b)(1) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``subsection (e)'' 
and inserted in lieu thereof ``section 489(a)''.
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          (3) Report upon determination of harm to environment 
        or health.--If the President determines that any such 
        use is harmful to the environment or the health of 
        individuals, the President shall immediately report 
        that determination to the Committee on Foreign Affairs 
        \580\ of the House of Representatives and the Committee 
        on Foreign Relations of the Senate, together with such 
        recommendations as the President deems appropriate.
---------------------------------------------------------------------------
    \580\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (e) \581\ Definitions.--For purposes of this chapter and 
other provisions of this Act relating specifically to 
international narcotics matters--
---------------------------------------------------------------------------
    \581\ Sec. 101(b)(1) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out 
``Except as provided in sections 490(h) and (i) with respect to the 
definition of major illicit drug producing country and major drug-
transit country, for'' as the opening clause of subsec. (e), inserting 
in lieu thereof ``For''. Previously, sec. 6(b)(3) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932) 
amended and restated the opening sentence of subsec. (e). Sec. 1003(b) 
of the Department of State Authorization Act, Fiscal Years 1984 and 
1985 (Public Law 98-164; 97 Stat. 1053) added the original subsec. (e).
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          (1) the term ``legal and law enforcement measures'' 
        means--
                  (A) the enactment and implementation of laws 
                and regulations or the implementation of 
                existing laws and regulations to provide for 
                the progressive control, reduction, and gradual 
                elimination of the illicit cultivation, 
                production, processing, transportation, and 
                distribution of narcotic drugs and other 
                controlled substances; and
                  (B) the effective organization, staffing, 
                equipping, funding, and activation of those 
                governmental authorities responsible for 
                narcotics control;
          (2) \582\ the term ``major illicit drug producing 
        country'' means a country in which--
---------------------------------------------------------------------------
    \582\ Sec. 101(b)(2) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended 
and restated para. (2), changing the measure of ``major illicit drug 
producing country'' from quantity of production to acreage devoted to 
production. Previously, sec. 17(e) of the International Narcotics 
Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para. 
(2), adding emphasis on illicit production.
---------------------------------------------------------------------------
                  (A) 1,000 hectares or more of illicit opium 
                poppy is cultivated or harvested during a year;
                  (B) 1,000 hectares or more of illicit coca is 
                cultivated or harvested during a year; or
                  (C) 5,000 hectares or more of illicit 
                cannabis is cultivated or harvested during a 
                year, unless the President determines that such 
                illicit cannabis production does not 
                significantly affect the United States;
          (3) the term ``narcotic and psychotropic drugs and 
        other controlled substances'' has the same meaning as 
        is given by any applicable international narcotics 
        control agreement or domestic law of the country of 
        countries concerned;
          (4) \583\ the term ``United States assistance'' 
        means--
---------------------------------------------------------------------------
    \583\ Sec. 5(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4931) amended and restated para. (4).
---------------------------------------------------------------------------
                  (A) any assistance under this Act (including 
                programs under title IV of chapter 2, relating 
                to the Overseas Private Investment 
                Corporation), other than--
                          (i) assistance under this chapter,
                          (ii) any other narcotics-related 
                        assistance under this part (including 
                        chapter 4 of part II), but any such 
                        assistance provided under this clause 
                        shall be subject to the prior 
                        notification procedures applicable to 
                        reprogrammings pursuant to section 634A 
                        of this Act,
                          (iii) disaster relief assistance, 
                        including any assistance under chapter 
                        9 of this part,
                          (iv) assistance which involves the 
                        provision of food (including 
                        monetization of food) or medicine, and
                          (v) assistance for refugees;
                  (B) sales, or financing on any terms, under 
                the Arms Export Control Act;
                  (C) the provision of agricultural 
                commodities, other than food, under the Food 
                for Peace Act; \584\ and
---------------------------------------------------------------------------
    \584\ Sec. 3001(b) of the Food, Conservation, and Energy Act of 
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural 
Trade Development and Assistance Act of 1954'' and inserted in lieu 
thereof ``Food for Peace Act''.
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                  (D) financing under the Export-Import Bank 
                Act of 1945;
          (5) \585\ the term ``major drug-transit country'' 
        means a country--
---------------------------------------------------------------------------
    \585\ Sec. 2005(c)(3) of Public Law 95-570 (100 Stat. 3207-63) 
added para. (5).
---------------------------------------------------------------------------
                  (A) that is a significant direct source of 
                illicit narcotic or psychotropic drugs or other 
                controlled substances significantly affecting 
                the United States; or \586\
---------------------------------------------------------------------------
    \586\ Sec. 1519(c) of the Housing and Community Development Act of 
1992 (Public Law 102-550; 106 Stat. 4060) (1) inserted ``or'' to the 
end of subpara. (A); (2) struck out ``or'' at the end of subpara. (B) 
and inserted a period (but did not strike out semicolon); and (3) 
struck out subpara. (C), which formerly read ``(C) through which 
significant sums of drug-related profits or monies are laundered with 
the knowledge or complicity of the government.''.
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                  (B) through which are transported such drugs 
                or substances; \587\
---------------------------------------------------------------------------
    \587\ Sec. 11(a) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4934) struck out a period at the end of 
para. 5; inserted ``; and''; and added para. (6). Subsequently, sec. 
101(b) of the International Narcotics Control Corrections Act of 1994 
(Public Law 103-447; 108 Stat. 4691) struck out ``; and'', redesignated 
para. (6) as para. (8), and added new paras. (6) and (7).
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          (6) \587\ the term ``precursor chemical'' has the 
        same meaning as the term ``listed chemical'' has under 
        paragraph (33) of section 102 of the Controlled 
        Substances Act (21 U.S.C. 802(33); \588\
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    \588\ Para. (33) of sec. 102 of the Controlled Substances Act (21 
U.S.C. 802(33) defines ``listed chemical'' as ``any list I chemical or 
any list II chemical''. List I chemicals are listed in para. (34) of 
that section; list II chemicals in para. (35).
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          (7) \587\ the term ``major money laundering country'' 
        means a country whose financial institutions engage in 
        currency transactions involving significant amounts of 
        proceeds from international narcotics trafficking; and
          (8) \587\ the term ``appropriate congressional 
        committees'' means the Committee on Foreign Affairs 
        \589\ and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign 
        Relations and the Committee on Appropriations of the 
        Senate.
---------------------------------------------------------------------------
    \589\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    Sec. 482.\590\ Authorization.--(a) \591\ (1) To carry out 
the purposes of section 481, there are authorized to be 
appropriated to the President $147,783,000 for fiscal year 1993 
and $171,500,000 for fiscal year 1994.\592\
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    \590\ 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the 
Foreign Relations Authorization Act of 1972, was amended and restated 
by sec. 3 of the International Security Assistance Act of 1977 (Public 
Law 95-92; 91 Stat. 614). It formerly read as follows:
    ``Sec. 482. Authorization.--To carry out the purposes of section 
481, there are authorized to be appropriated to the President 
$42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for 
the fiscal year 1976, no part of which may be obligated for or on 
behalf of any country where illegal traffic in opiates has been a 
significant problem unless and until the President determines and 
certifies in writing to the Speaker of the House of Representatives and 
the chairman of the Committee on Foreign Relations of the Senate that 
assistance furnished to such country pursuant to the authority in this 
chapter is significantly reducing the amount of illegal opiates 
entering the international market, and not to exceed $34,000,000 for 
the fiscal year 1977. Amounts appropriated under this section are 
authorized to remain available until expended.''.
    \591\ Sec. 5(b) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 731) added subsec. designation 
``(a)'' and the original text of subsec. (b). Subsec. (a) was further 
amended and restated by sec. 3 of the International Security Assistance 
Act of 1979 (Public Law 96-92; 93 Stat. 701); and further amended by 
Sec. 402(a) of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 94 Stat. 3149). The 1980 amendment, in 
addition to other changes in subsection (a), struck out a paragraph 
which had earmarked $16 million for Colombia during fiscal year 1980 
for a variety of items used in the interdiction of drug traffic.
    Subsec. (a) was further amended and restated when sec. 502(c) of 
the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1539) substituted the authorization levels 
for fiscal years 1982 and 1983 in lieu of the figure for fiscal year 
1981 and deleted a paragraph limiting the fiscal year 1981 U.S. 
contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or 
50 percent of total contributions, whichever is less.
    Subsec. (a) was further amended when sec. 4201 of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set 
the fiscal year 1989 authorization level and struck out the following:
    ``In addition to the amounts authorized by the preceding sentence, 
there are authorized to be appropriated to the President $45,000,000 
for the fiscal year to 1987 to carry out the purposes of section 481, 
except that funds may be appropriated pursuant to this additional 
authorization only if the President has submitted to the Congress a 
detailed plan for the expenditure of those funds, including a 
description of how regional cooperation on narcotics control matters 
would be promoted by the use of those funds. Of the funds authorized to 
be appropriated by the preceding sentence, not less that $10,000,000 
shall be available only to provide helicopters or other aircraft to 
countries receiving assistance for fiscal year 1987 under this chapter. 
These funds shall be used primarily for aircraft which will be based in 
Latin America for use for narcotics control eradication and 
interdiction efforts throughout the region. These aircraft shall be 
used solely for narcotics control, eradication, and interdiction 
efforts.''.
    Para. (3) of subsec. (a), added by sec. 614 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 231), was struck out by the International Narcotics Control Act 
of 1988. It previously read as follows:
    ``(3) Funds authorized to be appropriated by this section for 
fiscal year 1986 and for fiscal year 1987 may be used for a 
contribution to the United Nations Fund for Drug Abuse Control only if 
that organization includes in its crop substitution projects a plan for 
cooperation with the law enforcement forces of the host country.''.
    \592\ Authorizations under sec. 482 during recent years included 
the following: fiscal year 1975--$42,500,000; fiscal year 1976--
$40,000,000; fiscal year 1977--$34,000,000; fiscal year 1978--
$39,000,000; fiscal year 1979--$40,000,000; fiscal year 1980--
$51,758,000; fiscal year 1981--$38,573,000; fiscal year 1982--
$37,700,000; fiscal year 1983--$37,700,000; fiscal year 1984--
$47,000,000; fiscal year 1985--no authorization; fiscal years 1995 
through 2009--no authorization.
    Sec. 602 of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations 
for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The 
authorization amount for 1987 was subsequently amended by sec. 401 of 
Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat. 
3207-60). Sec. 16 of the International Narcotics Control Act of 1989 
(Public Law 101-231; 103 Stat. 1964) added authorization for fiscal 
year 1990 ($115,000,000). Sec. 5 of the International Narcotics Control 
Act of 1990 (Public Law 101-623; 104 Stat. 3354) authorized 
$150,000,000 for fiscal year 1991. Sec. 3 of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914) 
added authorization for fiscal years 1993 and 1994.
    Congress did not enact an authorization for fiscal year 2009. 
Instead, the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8), 
waived the requirements for authorization, and title III of that Act 
(123 Stat. 849) provides the following:
---------------------------------------------------------------------------

``Department of State

``international narcotics control and law enforcement
---------------------------------------------------------------------------

    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $875,000,000, to remain available until 
September 30, 2010: Provided, That during fiscal year 2009, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country or international 
organization under chapter 8 of part I of that Act subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the Secretary of State shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
the enactment of this Act and prior to the initial obligation of funds 
appropriated under this heading, a report on the proposed uses of all 
funds under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That none of 
the funds appropriated under this heading for assistance for 
Afghanistan may be made available for eradication programs through the 
aerial spraying of herbicides unless the Secretary of State determines 
and reports to the Committees on Appropriations that the President of 
Afghanistan has requested assistance for such aerial spraying programs 
for counternarcotics or counterterrorism purposes: Provided further, 
That in the event the Secretary of State makes a determination pursuant 
to the previous proviso, the Secretary shall consult with the 
Committees on Appropriations prior to the obligation of funds for such 
eradication programs: Provided further, That of the funds appropriated 
under this heading, $5,000,000 should be made available to combat 
piracy of United States copyrighted materials, consistent with the 
requirements of section 688(a) and (b) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161): Provided further, That none of the 
funds appropriated under this heading for assistance for Colombia shall 
be made available for budget support or as cash payments: Provided 
further, That of the funds appropriated under this heading for 
administrative expenses, ten percent shall be withheld from obligation 
until the Secretary of State submits a report to the Committees on 
Appropriations detailing all salaries funded under this heading in 
fiscal years 2007 and 2008, and such salaries proposed in fiscal year 
2009.
---------------------------------------------------------------------------

``andean counterdrug initiative
---------------------------------------------------------------------------

    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $315,000,000, to remain available until 
September 30, 2010: Provided, That the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development (USAID), shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment 
of this Act and prior to the initial obligation of funds appropriated 
under this heading, a report on the proposed uses of all funds under 
this heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That section 482(b) of the 
Foreign Assistance Act of 1961 shall not apply to funds appropriated 
under this heading: Provided further, That assistance provided with 
funds appropriated under this heading that is made available 
notwithstanding section 482(b) of the Foreign Assistance Act of 1961 
shall be made available subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That funds 
appropriated under this heading that are made available for assistance 
for the Bolivian military and police may be made available for such 
purposes only if the Secretary of State certifies to the Committees on 
Appropriations that the Bolivian military and police are respecting 
internationally recognized human rights and cooperating fully with 
investigations and prosecutions by civilian judicial authorities of 
military and police personnel who have been credibly alleged to have 
violated such rights: Provided further, That of the funds appropriated 
under this heading, not more than $16,730,000 may be available for 
administrative expenses of the Department of State, and not more than 
$8,000,000 of the funds made available for alternative development/
institution building programs under the heading `Economic Support Fund' 
in this Act may be available, in addition to amounts otherwise 
available for such purposes, for administrative expenses of USAID.''.
    See also in that Act: sec. 7015--Reprogramming Notification 
Requirements (123 Stat. 865); sec. 7033--Special Debt Relief for the 
Poorest (123 Stat. 876); sec. 7045--Western Hemisphere (123 Stat. 885); 
sec. 7046--Colombia (123 Stat. 888); sec. 7082--Extradition (123 Stat. 
910); and sec. 7087--Training and Equipment Reports (123 Stat. 913).
    See also in that Act, sec. 7019, relating to allocation of 
appropriations according to stipulations in the conference report for 
allocation of Andean Counterdrug Programs (123 Stat. 868).
    Title XI of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1893), provides the following:
---------------------------------------------------------------------------

``DEPARTMENT OF STATE

``International Narcotics Control and Law Enforcement
---------------------------------------------------------------------------

    ``For an additional amount for `International Narcotics Control and 
Law Enforcement', $487,500,000, to remain available until September 30, 
2010: Provided, That not less than $160,000,000 shall be made available 
for assistance for Mexico to combat drug trafficking and related 
violence and organized crime, and for judicial reform, institution 
building, anti-corruption, and rule of law activities: Provided 
further, That funds made available pursuant to the previous proviso 
shall be made available subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropriations, 
except that notifications shall be transmitted at least 5 days in 
advance of the obligation of any funds appropriated under this heading: 
Provided further, That none of the funds appropriated in this title may 
be made available for the cost of fuel for aircraft provided to Mexico, 
or for operations and maintenance of aircraft purchased by the 
Government of Mexico: Provided further, That in order to enhance border 
security and cooperation in law enforcement efforts between Mexico and 
the United States, funds appropriated in this title that are available 
for assistance for Mexico may be made available for the procurement of 
law enforcement communications equipment only if such equipment 
utilizes open standards and is compatible with, and capable of 
operating with, radio communications systems and related equipment 
utilized by Federal law enforcement agencies in the United States to 
enhance border security and cooperation in law enforcement efforts 
between Mexico and the United States.''.
    See also in that Act: sec. 1102--Afghanistan (123 Stat. 1896); sec. 
1103--Allocations (123 Stat. 1898); and sec. 1115(e), relating to 
Foreign Military Financing under Public Law 110-161 for Colombia (123 
Stat. 1906).
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    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (b) \593\ Procurement of Weapons and Ammunition.--
---------------------------------------------------------------------------
    \593\ Sec. 4(e) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b). 
Subsection (b) was originally added by sec. 5(b) of the International 
Security Assistance Act of 1978.
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          (1) Prohibition.--Except as provided in paragraph 
        (2), funds made available to carry out this chapter 
        shall not be made available for the procurement of 
        weapons or ammunition.
          (2) Exceptions.--Paragraph (1) shall not apply with 
        respect to funds for the procurement of--
                  (A) weapons or ammunition provided only for 
                the defensive arming of aircraft used for 
                narcotics-related purposes, or
                  (B) firearms and related ammunition provided 
                only for defensive purposes to employees or 
                contract personnel of the Department of State 
                engaged in activities under this chapter,
        if, at least 15 days before obligating those funds, the 
        President notifies the appropriate congressional 
        committees in accordance with the procedures applicable 
        to reprogramming notifications under section 634A.
    (c) \594\ Contributions and Reimbursement.--(1) To \595\ 
ensure local commitment to the activities assisted under this 
chapter, a country receiving assistance under this chapter 
should bear an appropriate share of the costs of any narcotics 
control program, project, or activity for which such assistance 
is to be provided. A country may bear such costs on an ``in 
kind'' basis.
---------------------------------------------------------------------------
    \594\ Redesignated from subsec. (d) by sec. 6(b)(4) of the 
International Narcotics Control Act of 1992 (Public Law 102-583; 106 
Stat. 4932). Originally added by sec. 608 of Public Law 99-83 (99 Stat. 
229); amended and restated by sec. 17(g) of the International Narcotics 
Control Act of 1989.
    \595\ Sec. 131(b)(1) of Public Law 104-164 (110 Stat. 1429) struck 
out ``Contribution by Recipient Country.--To'' and inserted in lieu 
thereof ``Contributions and Reimbursement.--(1) To''.
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    (2) \596\ (A) The President is authorized to accept 
contributions from foreign governments to carry out the 
purposes of this chapter. Such contributions shall be deposited 
as an offsetting collection to the applicable appropriation 
account and may be used under the same terms and conditions as 
funds appropriated pursuant to this chapter.
---------------------------------------------------------------------------
    \596\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added 
paras. (2) and (3).
---------------------------------------------------------------------------
    (B) At the time of submission of the annual congressional 
presentation documents required by section 634(a), the 
President shall provide a detailed report on any contributions 
received in the preceding fiscal year, the amount of such 
contributions, and the purposes for which such contributions 
were used.
    (3) \596\ The President is authorized to provide assistance 
under this chapter on a reimbursable basis. Such reimbursements 
shall be deposited as an offsetting collection to the 
applicable appropriation and may be used under the same terms 
and conditions as funds appropriated pursuant to this chapter.
    (d) \597\ Administrative Assistance.--(1) Except as 
provided in paragraph (2), personnel funded pursuant to this 
section are authorized to provide administrative assistance to 
personnel assigned to the bureau designated by the Secretary of 
State to replace the Bureau for International Narcotics 
Matters.
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    \597\ Sec. 164(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added 
subsec. (d).
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    (2) Paragraph (1) shall not apply to the extent that it 
would result in a reduction in funds available for 
antinarcotics assistance to foreign countries.
    (e) \598\ Advance Notification of Transfer of Seized 
Assets.--The President shall notify the appropriate 
congressional committees at least 10 days prior to any transfer 
by the United States Government to a foreign country for 
narcotics control purposes of any property or funds seized by 
or otherwise forfeited to the United States Government in 
connection with narcotics-related activity.
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    \598\ Sec. 101(c) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) added 
subsec. (e).
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    (f) \599\ Treatment of Funds.--Funds transferred to and 
consolidated with funds appropriated pursuant to this chapter 
may be made available on such terms and conditions as are 
applicable to funds appropriated pursuant to this chapter. 
Funds so transferred or consolidated shall be apportioned 
directly to the bureau within the Department of State 
responsible for administering this chapter.
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    \599\ Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added 
secs. (f) and (g).
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    (g) \599\ Excess Property.--For purposes of this chapter, 
the Secretary of State may use the authority of section 608, 
without regard to the restrictions of such section, to receive 
nonlethal excess property from any agency of the United States 
Government for the purpose of providing such property to a 
foreign government under the same terms and conditions as funds 
authorized to be appropriated for the purposes of this chapter.
    Sec. 483.\600\ Prohibition on Use of Foreign Assistance for 
Reimbursements for Drug Crop Eradications.--Funds made 
available to carry out this Act may not be used to reimburse 
persons whose illicit drug crops are eradicated.
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    \600\ 22 U.S.C. 2291b. Added by sec. 609 of Public Law 99-83 (99 
Stat. 230).
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SEC. 484.\601\ REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.

  (a) Retention of Title to Aircraft.--
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    \601\ 22 U.S.C. 2291c. Sec. 4(f)(1) of the International Narcotics 
Control Act of 1992 (Public Law 102-583; 106 Stat. 4916) amended and 
restated sec. 484. Sec. 484 was originally added by sec. 2003 of the 
International Narcotics Control Act of 1986, and amended by sec. 7 of 
the International Narcotics Control Act of 1990.
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          (1) In general.--(A) Except as provided in paragraph 
        (2), any aircraft made available to a foreign country 
        under this chapter, or made available to a foreign 
        country primarily for narcotics-related purposes under 
        any other provision of law, shall be provided only on a 
        lease or loan basis.
          (B) Subparagraph (A) applies to aircraft made 
        available at any time after October 27, 1986 (which was 
        the date of enactment of the International Narcotics 
        Control Act of 1986).
          (2) Exceptions.--(A) Paragraph (1) shall not apply to 
        the extent that--
                  (i) the application of that paragraph with 
                respect to particular aircraft would be 
                contrary to the national interest of the United 
                States; and
                  (ii) the President notifies the appropriate 
                congressional committees in accordance with the 
                procedures applicable to reprogramming 
                notifications under section 634A.
          (B) Paragraph (1) does not apply with respect to 
        aircraft made available to a foreign country under any 
        provision of law that authorizes property that has been 
        civilly or criminally forfeited to the United States to 
        be made available to foreign countries.
          (3) Assistance for leasing of aircraft.--(A) For 
        purposes of satisfying the requirement of paragraph 
        (1), funds made available for the ``Foreign Military 
        Financing Program'' under section 23 of the Arms Export 
        Control Act may be used to finance the leasing of 
        aircraft under chapter 6 of that Act.
          (B) Section 61(a)(3) of that Act shall not apply with 
        respect to leases so financed; rather the entire cost 
        of any such lease (including any renewals) shall be an 
        initial, one time payment of the amount which would be 
        the sales price for the aircraft if they were sold 
        under section 21(a)(1)(B) or section 22 of that Act (as 
        appropriate).
          (C) To the extent that aircraft so leased were 
        acquired under chapter 5 of that Act, funds used 
        pursuant to this paragraph to finance such leases shall 
        be credited to the Special Defense Acquisition Fund 
        under chapter 5 of that Act (excluding the amount of 
        funds that reflects the charges described in section 
        21(e)(1) of that Act). The funds described in the 
        parenthetical clause of the preceding sentence shall be 
        available for payments consistent with sections 37(a) 
        and 43(b) of that Act.
    (b) \602\ Permissible Uses of Aircraft and Other 
Equipment.--The President shall take all reasonable steps to 
ensure that aircraft and other equipment made available to 
foreign countries under this chapter are used only in ways that 
are consistent with the purposes for which such equipment was 
made available.
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    \602\ Sec. 4(f)(2)(B) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck ``In General'' and 
inserted in lieu thereof ``Permissible Uses of Aircraft and Other 
Equipment''. Sec. 4(f)(2)(D) of that Act redesignated sec. 489(a) as 
sec. 484(b).
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    (c) \603\ Reports.--In the reports submitted pursuant to 
section 489(a),\604\ the President shall discuss--
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    \603\ Sec. 4(f)(2)(D) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) redesignated sec. 489(b) as 
sec. 484(c).
    \604\ Sec. 4(f)(2)(C) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``subsection 
(e)'', and inserted in lieu thereof ``section 489(a)''.
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          (1) any evidence indicating misuse by a foreign 
        country of aircraft or other equipment made available 
        under this chapter, and
          (2) the actions taken by the United States Government 
        to prevent future misuse of such equipment by that 
        foreign country.
    Sec. 485.\605\ Records of Aircraft Use.--(a) Requirement To 
Maintain Records.--The President \606\ shall maintain detailed 
records on the use of any aircraft made available to a foreign 
country under this chapter, including aircraft made available 
before the enactment of this section.
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    \605\ 22 U.S.C. 2291d. Added by sec. 2003 of Public Law 99-570 (100 
Stat. 3207-61).
    \606\ Sec. 4(f)(3) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``Secretary of 
State'' both places it appeared in sec. 485 and inserted in lieu 
thereof ``President''.
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    (b) Congressional Access to Records.--The President shall 
make the records maintained pursuant to subsection (a) 
available to the Congress upon a request of the Chairman of the 
Committee on Foreign Affairs \607\ of the House of 
Representatives or the Chairman of the Committee on Foreign 
Relations of the Senate.
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    \607\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 486.\608\ Reallocation of Funds Withheld from 
Countries Which Fail to Take Adequate Steps to Halt Illicit 
Drug Production or Trafficking.
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    \608\ 22 U.S.C. 2291e. Added by sec. 4206(a) of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4270). 
Sec. 4206(b) of the same Act stipulated the following:
    ``(1) The amendment made by subsection (a) of this section 
supersedes section 578(d) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1989 (Public Law 100-461).
    ``(2) Funds may be transferred pursuant to paragraph (1) of section 
486(a) of the Foreign Assistance Act of 1961 (as enacted by this 
section) notwithstanding section 514 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (as amended by 
section 589 of that Act), relating to transfers between accounts.''.
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    (a) \609\ If any funds authorized to be appropriated for 
any fiscal year for assistance under this Act \610\ are not 
used for assistance for the country for which those funds were 
allocated because of the requirements of section 490 \611\ or 
any other provision of law requiring the withholding of 
assistance for countries that have not taken adequate steps to 
halt illicit drug production or trafficking, the President 
shall use those funds for additional assistance for those 
countries which have met their illicit drug eradication targets 
or have otherwise taken significant steps to halt illicit drug 
production or trafficking, as follows:
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    \609\ Sec. 101(d)(1) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
subsec. (a) catchline, which read ``Additional Assistance for Countries 
Taking Significant Steps.--''.
    \610\ Sec. 101(d)(2) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``security assistance'' and inserted in lieu thereof ``assistance under 
this Act''.
    \611\ Sec. 6(b)(5)(A) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``481(h)'', and 
inserted in lieu thereof ``490''.
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          (1) International narcotics control assistance.--
        Those funds may be transferred to and consolidated with 
        the funds appropriated to carry out this chapter in 
        order to provide additional narcotics control 
        assistance for those countries. Funds transferred under 
        this paragraph may only be used to provide increased 
        funding for activities previously justified to the 
        Congress. Transfers may be made under this paragraph 
        without regard to the 20-percent increase limitation 
        contained in section 610(a). This paragraph does not 
        apply with respect to funds made available for 
        assistance under the Arms Export Control Act.
          (2) Other \612\ assistance.--Any such funds not used 
        under paragraph (1) shall be reprogrammed within the 
        account for which they were appropriated (subject to 
        the regular reprogramming procedures under section 
        634A) in order to provide additional \613\ assistance 
        for those countries.
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    \612\ Sec. 101(d)(3)(A) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``Security'' in the para. (2) catchline, and inserted in lieu thereof 
``Other''. Sec. 101(d)(4) of that Act struck out subsec. (b) in this 
section, which had provided a definition of ``security assistance''.
    \613\ Sec. 101(d)(3)(B) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``security'' here.
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    Sec. 487.\614\ Prohibition on Assistance to Drug 
Traffickers.
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    \614\ 22 U.S.C. 2291f. Added by sec. 4503 of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4285).
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    (a) Prohibition.--The President shall take all reasonable 
steps to ensure that assistance under this Act and the Arms 
Export Control Act is not provided to or through any individual 
or entity that the President knows or has reason to believe--
          (1) has been convicted of a violation of, or a 
        conspiracy to violate, any law or regulation of the 
        United States, a State or the District of Columbia, or 
        a foreign country relating to \615\ narcotic or 
        psychotropic drugs or other controlled substances; 
        \616\ or
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    \615\ Sec. 101(e) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) inserted 
``to'' after ``relating''.
    \616\ Sec. 6(b)(6) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``(as defined in 
section 481(i)(3) of this Act)'' preceding the semicolon.
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          (2) is or has been an illicit trafficker in any such 
        controlled substance or is or has been a knowing 
        assistor, abettor, conspirator, or colluder with others 
        in the illicit trafficking in any such substance.
    (b) \617\ Regulations.--The President shall issue 
regulations specifying the steps to be taken in carrying out 
this section.
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    \617\ The Bureau of International Narcotics Matters, Department of 
State, issued regulations to implement sec. 487 in Public Notice 2840 
(22 CFR Part 140; 63 F.R. 36571; July 7, 1998). The initial proposed 
rule was issued in Public Notice 2159 (60 F.R. 7737; February 9, 1995).
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    (c) Congressional Review of Regulations.--Regulations 
issued pursuant to subsection (b) shall be submitted to the 
Congress before they take effect.

SEC. 488.\618\ LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND 
                    CONSTRUCTION OF FACILITIES.

    (a) Acquisition of Real Property.--
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    \618\ 22 U.S.C. 2291g. Sec. 4(g) of the International Narcotics 
Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) amended and 
restated sec. 488. It was originally added by sec. 4505 of the 
International Narcotics Control Act of 1988. Sec. 671(3) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 
Stat. 1407), struck out subsec. (a)(3), which had required the 
Secretary of State to report to Congress at the end of each quarter on 
all leases entered into pursuant to para. (2).
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          (1) Prohibition.--Funds made available to carry out 
        this chapter may not be used to acquire (by purchase or 
        other means) any land or other real property for use by 
        foreign military, paramilitary, or law enforcement 
        forces.
          (2) Exception for certain leases.--Paragraph (1) 
        shall not apply to the acquisition of real property by 
        lease of a duration not to exceed 2 years.
  (b) Construction of Facilities.--
          (1) Limitation.--Funds made available to carry out 
        this chapter may not be used for construction of 
        facilities for use by foreign military, paramilitary, 
        or law enforcement forces unless, at least 15 days 
        before obligating funds for such construction, the 
        President notifies the appropriate congressional 
        committees in accordance with procedures applicable to 
        reprogramming notifications under section 634A.
          (2) Exception.--Paragraph (1) shall not apply to the 
        construction of facilities which would require the 
        obligation of less than $750,000 under this chapter.

SEC. 489.\619\ REPORTING REQUIREMENTS.

  (a) International Narcotics Control Strategy Report.--Not 
later than March 1 \620\ of each year, the President shall 
transmit to the Speaker of the House of Representatives, and to 
the Committee on Foreign Relations of the Senate, a report 
containing the following:
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    \619\ 22 U.S.C. 2291h. Added by sec. 5(a) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
    Sec. 101(f)(1)(A) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``for fiscal years 1993 and 1994'' from the section heading and 
inserted in lieu thereof ``for fiscal year 1995''. Sec. 1112(c)(1) of 
Public Law 104-66 (109 Stat. 707) struck out ``for fiscal year 1995''.
    Sec. 4507 of the International Narcotics Control Act of 1988 
(Public Law 100-690; 102 Stat. 4286) added the original sec. 489. Sec. 
4(f)(2) of the International Narcotics Control Act of 1992 (Public Law 
102-583; 106 Stat. 4917) struck out subsecs. (c) and (d) of the 
original sec. 489, and restated subsecs. (a) and (b), as sec. 484, 
subsecs. (c) and (d).
    Subsec. (c) of this section was struck out by sec. 1112(c)(2) of 
Public Law 104-66 (109 Stat. 707). Originally enacted as subsec. (d), 
redesignated as subsec. (c) by sec. 101(f)(1)(D) of the International 
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 
Stat. 4692). Subsec. (c) formerly read as follows:
    ``(c) Effective Date of Sections.--This section applies only during 
fiscal year 1995. Section 489A does not apply during that fiscal 
year.''.
    \620\ Sec. 101(f)(1)(B)(i) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``April 1'' in subsec. (a), and inserted in lieu thereof ``March 1''.
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          (1) For each country that received assistance under 
        this chapter for either of the 2 preceding fiscal 
        years, a report on the extent to which the country 
        has--
                  (A) met the goals and objectives of the 
                United Nations Convention Against Illicit 
                Traffic in Narcotic Drugs and Psychotropic 
                Substances, including action on such issues as 
                illicit cultivation, production, distribution, 
                sale, transport, and financing, and money 
                laundering, asset seizure, extradition, mutual 
                legal assistance, law enforcement and transit 
                cooperation, precursor chemical control, and 
                demand reduction;
                  (B) accomplished the goals described in an 
                applicable bilateral narcotics agreement with 
                the United States or a multilateral agreement; 
                and
                  (C) taken legal and law enforcement measures 
                to prevent and punish public corruption, 
                especially by senior government officials, that 
                facilitates the production, processing, or 
                shipment of narcotic and psychotropic drugs and 
                other controlled substances, or that 
                discourages the investigation or prosecution of 
                such acts.
          (2)(A) A description of the policies adopted, 
        agreements concluded, and programs implemented by the 
        Department of State in pursuit of its delegated 
        responsibilities for international narcotics control, 
        including appropriate information on the status of 
        negotiations between the United States and other 
        countries on updated extradition treaties, mutual legal 
        assistance treaties, precursor chemical controls, money 
        laundering, and agreements pursuant to section 2015 of 
        the International Narcotics Act of 1986 (relating to 
        interdiction procedures for vessels of foreign 
        registry).
          (B) Information on multilateral and bilateral 
        strategies with respect to money laundering pursued by 
        the Department of State, the Department of Justice, the 
        Department of the Treasury, and other relevant United 
        States Government agencies, either collectively or 
        individually, to ensure the cooperation of foreign 
        governments with respect to narcotics-related money 
        laundering and to demonstrate that all United States 
        Government agencies are pursuing a common strategy with 
        respect to major money laundering countries. The report 
        shall include specific detail to demonstrate that all 
        United States Government agencies are pursuing a common 
        strategy with respect to achieving international 
        cooperation against money laundering and are pursuing a 
        common strategy with respect to major money laundering 
        countries, including a summary of United States 
        objectives on a country-by-country basis.
          (3) \621\ The identity of those countries which are--
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    \621\ Sec. 101(f)(1)(B)(ii) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
subpara. (B), and redesignated subparas. (C) and (D) as subparas. (B) 
and (C). Subpara. (B) formerly read as follows:
    ``(B) the significant direct or indirect sources of narcotics and 
psychotropic drugs and other controlled substances significantly 
affecting the United States;''.
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                  (A) major illicit drug producing countries or 
                major drug-transit countries as determined 
                under section 490(h);
                  (B) major sources of precursor chemicals used 
                in the production of illicit narcotics; or
                  (C) major money laundering countries.
          (4) In addition, for each country identified pursuant 
        to paragraph (3), the following:
                  (A) A description of the plans, programs, and 
                timetables adopted by such country, including 
                efforts to meet the objectives of the United 
                Nations Convention Against Illicit Traffic in 
                Narcotic Drugs and Psychotropic Substances, and 
                a discussion of the adequacy of the legal and 
                law enforcement measures taken and the 
                accomplishments achieved in accord with those 
                plans.
                  (B) Whether as a matter of government policy 
                or practice, such country encourages or 
                facilitates the illicit production or 
                distribution of narcotic or psychotropic drugs 
                or other controlled substances or the 
                laundering of proceeds from illegal drug 
                transactions; and whether any senior official 
                of the government of such country engages in, 
                encourages, or facilitates the illicit 
                production or distribution of such drugs or 
                substances, or the laundering of proceeds from 
                illegal drug transactions.
          (5) In addition, for each country identified pursuant 
        to paragraph (3)(A) or (3)(B), a detailed status 
        report, with such information as can be reliably 
        obtained, on the narcotic or psychotropic drugs or 
        other controlled substances which are being cultivated, 
        produced, or processed in or transported through such 
        country, noting significant changes in conditions, such 
        as increases or decreases in the illicit cultivation 
        and manufacture of and traffic in such drugs and 
        substances.
          (6) In addition, for those countries identified 
        pursuant to paragraph (3)(C)--
                  (A) which countries are parties to 
                international agreements on a method for 
                maintaining records of transactions of an 
                established list of precursor and essential 
                chemicals;
                  (B) which countries have established a 
                procedure by which such records may be made 
                available to United States law enforcement 
                authorities; and
                  (C) which countries have enacted national 
                chemical control legislation which would impose 
                specific recordkeeping and reporting 
                requirements for listed chemicals, establish a 
                system of permits or declarations for imports 
                and exports of listed chemicals, and authorize 
                government officials to seize or suspend 
                shipments of listed chemicals.
          (7) In addition, for those countries identified 
        pursuant to paragraph (3)(D) the following:
                  (A)(i) Which countries have financial 
                institutions engaging in currency transactions 
                involving international narcotics trafficking 
                proceeds that include significant amounts of 
                United States currency or currency derived from 
                illegal drug sales in the United States or that 
                otherwise significantly affect the United 
                States;
                  (ii) which countries identified pursuant to 
                clause (i) have not reached agreement with the 
                United States authorities on a mechanism for 
                exchanging adequate records in connection with 
                narcotics investigations and proceedings; and
                  (iii) which countries identified pursuant to 
                clause (ii)--
                          (I) are negotiating in good faith 
                        with the United States to establish 
                        such a record-exchange mechanism, or
                          (II) have adopted laws or regulations 
                        that ensure the availability to 
                        appropriate United States Government 
                        personnel and those of other 
                        governments of adequate records in 
                        connection with narcotics 
                        investigations and proceedings.
                  (B) Which countries--
                          (i) have ratified the United Nations 
                        Convention Against Illicit Traffic in 
                        Narcotic Drugs and Psychotropic 
                        Substances and are taking steps to 
                        implement that Convention and other 
                        applicable agreements and conventions 
                        such as the recommendations of the 
                        Financial Action Task Force, the policy 
                        directive of the European Community, 
                        the legislative guidelines of the 
                        Organization of American States, and 
                        other similar declarations; and
                          (ii) have entered into bilateral 
                        agreements for the exchange of 
                        information on money-laundering with 
                        countries other than the United States.
                  (C) Findings on each country's adoption of 
                law and regulations considered essential to 
                prevent narcotics-related money laundering. 
                Such findings shall include whether a country 
                has--
                          (i) criminalized narcotics money 
                        laundering;
                          (ii) required banks and other 
                        financial institutions to know and 
                        record the identity of customers 
                        engaging in significant transactions, 
                        including the recording of large 
                        currency transactions at thresholds 
                        appropriate to that country's economic 
                        situation;
                          (iii) required banks and other 
                        financial institutions to maintain, for 
                        an adequate time, records necessary to 
                        reconstruct significant transactions 
                        through financial institutions in order 
                        to be able to respond quickly to 
                        information requests from appropriate 
                        government authorities in narcotics-
                        related money laundering cases;
                          (iv) required or allowed financial 
                        institutions to report suspicious 
                        transactions;
                          (v) established systems for 
                        identifying, tracing, freezing, 
                        seizing, and forfeiting narcotics-
                        related assets;
                          (vi) enacted laws for the sharing of 
                        seized narcotics assets with other 
                        governments;
                          (vii) cooperated, when requested, 
                        with appropriate law enforcement 
                        agencies of other governments 
                        investigating financial crimes related 
                        to narcotics; and
                          (viii) addressed the problem on 
                        international transportation of 
                        illegal-source currency and monetary 
                        instruments.
        The report shall also detail instances of refusals to 
        cooperate with foreign governments, and any actions 
        taken by the United States Government and any 
        international organization to address such obstacles, 
        including the imposition of sanctions or penalties.
          (8) \622\ (A) A separate section that contains the 
        following:
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    \622\ Sec. 722(a) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 268) added 
para. (8). Sec. 722(d) and (e) of that Act (120 Stat. 269) provided the 
following:
    ``(d) Plan to Address Diversion of Precursor Chemicals.--In the 
case of each country identified pursuant to clause (i) or (ii) of 
section 489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by 
subsection (a)) with respect to which the President has not transmitted 
to Congress a certification under section 490(b) of such Act (22 U.S.C. 
2291j(b)), the Secretary of State, in consultation with the Attorney 
General, shall, not later than 180 days after the date on which the 
President transmits the report required by section 489(a) of such Act 
(22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to 
address the diversion of the chemicals described in section 
489(a)(8)(A)(i) of such Act to the illicit production of 
methamphetamine in such country or in another country, including the 
establishment, expansion, and enhancement of regulatory, law 
enforcement, and other investigative efforts to prevent such diversion.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of State to carry out this section 
$1,000,000 for each of the fiscal years 2006 and 2007.''.
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                  (i) An identification of the five countries 
                that exported the largest amount of 
                pseudoephedrine, ephedrine, and 
                phenylpropanolamine (including the salts, 
                optical isomers, or salts of optical isomers of 
                such chemicals, and also including any products 
                or substances containing such chemicals) during 
                the preceding calendar year.
                  (ii) An identification of the five countries 
                that imported the largest amount of the 
                chemicals described in clause (i) during the 
                preceding calendar year and have the highest 
                rate of diversion of such chemicals for use in 
                the illicit production of methamphetamine 
                (either in that country or in another country).
                  (iii) An economic analysis of the total 
                worldwide production of the chemicals described 
                in clause (i) as compared to the legitimate 
                demand for such chemicals worldwide.
          (B) The identification of countries that imported the 
        largest amount of chemicals under subparagraph (A)(ii) 
        shall be based on the following:
                  (i) An economic analysis that estimates the 
                legitimate demand for such chemicals in such 
                countries as compared to the actual or 
                estimated amount of such chemicals that is 
                imported into such countries.
                  (ii) The best available data and other 
                information regarding the production of 
                methamphetamine in such countries and the 
                diversion of such chemicals for use in the 
                production of methamphetamine.
  (b) Annual Reports on Assistance.--
          (1) In general.--At the time that the report required 
        by subsection (a) is submitted each year, the Secretary 
        of State, in consultation with appropriate United 
        States Government agencies, shall report to the 
        appropriate committees of the Congress on the 
        assistance provided or proposed to be provided by the 
        United States Government during the preceding fiscal 
        year, the current fiscal year, and the next fiscal year 
        to support international efforts to combat illicit 
        narcotics production or trafficking.
          (2) Information to be included.--Each report pursuant 
        to this subsection shall--
                  (A) specify the amount and nature of the 
                assistance provided or to be provided;
                  (B) include, for each country identified in 
                subsection (a)(3)(A), information from the Drug 
                Enforcement Administration, the Customs 
                Service, and the Coast Guard describing in 
                detail--
                          (i) the assistance provided or to be 
                        provided to such country by that 
                        agency, and
                          (ii) the assistance provided or to be 
                        provided to that agency by such 
                        country,
                with respect to narcotic control efforts during 
                the preceding fiscal year, the current fiscal 
                year, and the next fiscal year; and
                  (C) list all transfers, which were made by 
                the United States Government during the 
                preceding fiscal year, to a foreign country for 
                narcotics control purposes of any property 
                seized by or otherwise forfeited to the United 
                States Government in connection with narcotics-
                related activity, including an estimate of the 
                fair market value and physical condition of 
                each item of property transferred.
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    \623\ Formerly at 22 U.S.C. 2291i. Sec. 1112 of Public Law 104-66 
(109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable 
After September 30, 1995--and 490A--Annual Certification Procedures 
After September 30, 1995. That section also amended the section 
catchlines of secs. 489 and 490, striking out ``for fiscal year 1995'' 
in each case. Sec. 489A was originally added by sec. 5(a) of the 
International Narcotics Control Act of 1992 (Public Law 102-583; 106 
Stat. 4917), the heading originally read ``Reporting Requirements 
Applicable After September 30, 1994.''. Sec. 101(f)(2) of the 
International Narcotics Control Corrections Act of 1994 (Public Law 
103-447; 108 Stat. 4692) struck out ``1994'' and inserted in lieu 
thereof ``1995''.
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SEC. 489A.\623\ * * * [REPEALED--1995]

SEC. 490.\624\ ANNUAL CERTIFICATION PROCEDURES.

  (a) Withholding of Bilateral Assistance and Opposition to 
Multilateral Development Assistance.--
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    \624\ 22 U.S.C. 2291j. Added by sec. 5(a) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the 
heading originally read ``annual certification procedures for fiscal 
years 1993 and 1994.''. Sec. 101(g)(1)(A) of the International 
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 
Stat. 4692) struck out ``for fiscal years 1993 and 1994'', and inserted 
in lieu thereof ``for fiscal year 1995''. Sec. 1112(b) of Public Law 
104-66 (109 Stat. 707) struck out ``for fiscal year 1995''.
    Sec. 1112(d)(2) of Public Law 104-66 (104 Stat. 707) struck out 
subsec. (i) to this section. Previously amended and restated by sec. 
101(g)(1)(H) of the International Narcotics Control Corrections Act of 
1994 (Public Law 103-447; 108 Stat. 4693), subsec. (i) most recently 
read as follows:
    ``(i) Effective Dates of Sections.--This section applies only 
during fiscal year 1995. Section 490A does not apply during that fiscal 
year.''.
    Sec. 706 of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 116 Stat. 1424; 22 U.S.C. 2291j-1), as 
amended, provides the following:
    ``sec. 706. international drug control certification procedures.
    ``During any fiscal year, funds that would otherwise be withheld 
from obligation or expenditure under section 490 of the Foreign 
Assistance Act of 1961 may be obligated or expended beginning October 1 
of such fiscal year provided that:
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  ``(1) Report.--Not later than September 15 of the previous fiscal year 
the President has submitted to the appropriate congressional committees a 
report identifying each country determined by the President to be a major 
drug transit country or major illicit drug producing country as defined in 
section 481(e) of the Foreign Assistance Act of 1961.

  ``(2) Designation and justification.--In each report under paragraph (1), 
the President shall also--

  ``(A) designate each country, if any, identified in such report that has 
failed demonstrably, during the previous 12 months, to make substantial 
efforts--

      ``(i) to adhere to its obligations under international 
  counternarcotics agreements; and
      ``(ii) to take the counternarcotics measures set forth in 
  section 489(a)(1) of the Foreign Assistance Act of 1961; and

  ``(B) include a justification for each country so designated.

  ``(3) Limitation on assistance for designated countries.--In the case of 
a country identified in a report under paragraph (1) that is also 
designated under paragraph (2) in the report, United States assistance may 
be provided to such country in the subsequent fiscal year only if the 
President determines and reports to the appropriate congressional 
committees that--

  ``(A) provision of such assistance to the country in such fiscal year is 
vital to the national interests of the United States; or

  ``(B) subsequent to the designation being made under paragraph (2)(A), 
the country has made substantial efforts--

      ``(i) to adhere to its obligations under international 
  counternarcotics agreements; and
      ``(ii) to take the counternarcotics measures set forth in 
  section 489(a)(1) of the Foreign Assistance Act of 1961.

  ``(4) International counternarcotics agreement defined.--In this section, 
the term ``international counternarcotics agreement'' means--

  ``(A) the United Nations Convention Against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances; or

  ``(B) any bilateral or multilateral agreement in force between the United 
States and another country or countries that addresses issues relating to 
the control of illicit drugs, such as--

      ``(i) the production, distribution, and interdiction of 
  illicit drugs;
      ``(ii) demand reduction;
      ``(iii) the activities of criminal organizations;
      ``(iv) international legal cooperation among courts, 
  prosecutors, and law enforcement agencies (including the 
  exchange of information and evidence);
      ``(v) the extradition of nationals and individuals 
  involved in drug-related criminal activity;
      ``(vi) the temporary transfer for prosecution of 
  nationals and individuals involved in drug-related criminal 
  activity;
      ``(vii) border security;
      ``(viii) money laundering;
      ``(ix) illicit firearms trafficking;
      ``(x) corruption;
      ``(xi) control of precursor chemicals;
      ``(xii) asset forfeiture; and
      ``(xiii) related training and technical assistance,

and includes, where appropriate, timetables and objective and measurable 
standards to assess the progress made by participating countries with 
respect to such issues.

  ``(5) Application.--(A) Section 490 (a) through (h) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291j(a)-(h)) shall not apply during any 
fiscal year with respect to any country identified in the report required 
by paragraph (1) of this section.

  ``(B) Notwithstanding paragraphs (1) through (5)(A) of this section, the 
President may apply the procedures set forth in section 490 (a) through (h) 
of the Foreign Assistance Act of 1961 during any fiscal year with respect 
to any country determined to be a major drug transit country or major 
illicit drug producing country as defined in section 481(e) of the Foreign 
Assistance Act of 1961.

  ``(C) Nothing in this section shall affect the requirements of section 
490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) with respect to 
countries identified pursuant to section [sic] clause (i) or (ii) of 
489(a)(8)(A) [sic] of the Foreign Assistance Act of 1961.

  ``(6) Statutory construction.--Nothing in this section supersedes or 
modifies the requirement in section 489(a) of the Foreign Assistance Act of 
1961 (with respect to the International Narcotics Control Strategy Report) 
for the transmittal of a report not later than March 1, each fiscal year 
under that section.

  ``(7) Transition rule.--For funds obligated or expended under this 
section in fiscal year 2003, the date for submission of the report required 
by paragraph (1) of this section shall be at least 15 days before funds are 
obligated or expended.

  ``(8) Effective date.--This section shall take effect upon the date of 
enactment of this Act into law and shall remain in effect thereafter unless 
Congress enacts subsequent legislation repealing such section.''.
---------------------------------------------------------------------------

    Pursuant to sec. 706, the President submitted the following 
determination on September 15, 2008 (Presidential Determination No. 
2008-28; 73 F.R. 54927):
    ``Pursuant to section 706(1) of the Foreign Relations Authorization 
Act, Fiscal Year 2003 (Public Law 107-228) (FRAA), I hereby identify 
the following countries as major drug transit or major illicit drug 
producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma, 
Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, 
Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, and 
Venezuela.
    ``A country's presence on the Majors List is not necessarily an 
adverse reflection of its government's counternarcotics efforts or 
level of cooperation with the United States. Consistent with the 
statutory definition of a major drug transit or drug producing country 
set forth in section 481(e)(2) and (5) of the Foreign Assistance Act of 
1961, as amended (FAA), one of the reasons that major drug transit or 
illicit drug producing countries are placed on the list is the 
combination of geographical, commercial, and economic factors that 
allow drugs to transit or be produced despite the concerned 
government's most assiduous enforcement measures.
    ``Pursuant to section 706(2)(A) of the FRAA, I hereby designate 
Bolivia, Burma, and Venezuela as countries that have failed 
demonstrably during the previous 12 months to adhere to their 
obligations under international counternarcotics agreements and take 
the measures set forth in section 489(a)(1) of the FAA. Attached to 
this report are justifications for the determinations on Bolivia, 
Burma, and Venezuela, as required by section 706(2)(B). I have also 
determined, in accordance with provisions of section 706(3)(A) of the 
FRAA, that support for programs to aid Venezuela's democratic 
institutions and continued support for bilateral programs in Bolivia 
are vital to the national interests of the United States.
    ``Under the leadership of President Karzai, the Government of 
Afghanistan has made some progress in combating narcotics. However, 
drug trafficking remains a serious threat to the future of Afghanistan, 
contributing to widespread public corruption, damaging legitimate 
economic growth, and fueling violence and insurgency.
    ``A successful countarnarcotics strategy in Afghanistan hinges on 
maintaining security, building public capacity, attaining local 
support, and actively pursuing our joint counternarcotics strategy.
    ``Poppy cultivation continues to be marked by the divide between 
the increasingly poppy-free northern provinces and the insurgency-
dominated regions in the south. Through political will, and by using a 
mixture of incentives and disincentives, governors in key northern 
provinces like Badakshan and Nangarhar have a significantly reduced 
poppy cultivation.
    ``Inspired by the Nangarhar model, the newly appointed governor of 
the souther province of Helmand has taken bold steps to implement the 
first truly serious counternarcotics campaign in the province. It is 
clear that progress in Helmand Province will not come easily. Drug 
control efforts in this area of pronounced poppy cultivation are 
thwarted by heavily entrenched Taliban centers of power. In 2007 
Helmand Province cultivated more than half of Afghanistan's illegal 
poppy crop.
    ``Difficult security conditions greatly impede counternarcotics 
operations, particularly in the south and southwest provinces, areas in 
which the insurgency and organized crime groups predominate and where 
over 85 percent of Afghan poppy is cultivated.
    ``Drug-related corruption in Afghanistan--one of the most 
intransigent problems in the country--must be confronted, particularly 
at provincial and district government levels. Corruption and illegal 
drugs in Afghanistan threaten to undermine all aspects of the country's 
efforts to build a sustainable economic infrastructure and functioning 
democracy.
    ``The United States enjoys close cooperation with Canada across a 
broad range of law enforcement issues. Both of our nations face a 
serious challenge from the 2-way flow of drugs across our long border. 
While Canada is primarily a drug consuming country, it is also a 
significant producer of highly potent marijuana and has become the 
primary source country for MDMA (ecstasy) available in the United 
States. Additionally, Canada serves as a transit or diversion point for 
precursor chemicals and over-the-counter pharmaceuticals used to 
produce illicit synthetic drugs, most notably MDMA. While 
methamphetamine use has decreased in the United States, due in large 
part to past efforts to reduce precursor chemical diversion by Canadian 
authorities, production of finished methamphetamine is increasing in 
Canada and could lead to greater supplies in the United States. Canada 
is pursuing a new National Anti-Drug Strategy that focuses on proven 
approaches to reduce drug use and deter drug trafficking. The United 
States and Canada continue to work productively in joint law 
enforcement operations that disrupt drug and currency smuggling 
operations along the border.
    ``The growing expansion of drug trafficking in Central America 
poses serious challenges to the region's limited capability to combat 
both the narcotics trade and organized crime. We are particularly 
concerned about the increasing presence of drug trafficking 
organizations in Central America that are fleeing more robust 
counternarcotics regimes elsewhere, especially in Mexico and Colombia. 
Often unimpeded, traffickers use long Central American coastlines for 
illegal maritime drug shipments. Even though there have been noteworthy 
seizures, a high proportion of drugs transiting Central America are not 
detected or seized.
    ``The March 2008 gun battle between drug organizations in Guatemala 
demonstrates that criminal organizations such as the Sinaloa cartel are 
trying to reinforce their trafficking strongholds in Central America. 
In 2008, Guatemala passed new anti-organized crime and extradition 
laws. While such actions are encouraging, Guatemala must work 
aggressively to implement these measures, just as neighboring countries 
must redouble their practical efforts to implement adopted reforms 
aimed at thwarting criminal activity.
    ``The United States is encouraged by the commitment of the Regional 
Integration System to a regional response, such as sharing 
counternarcotics intelligence. Support for cohesive regional 
institution-building and practical law enforcement enhancements in 
Central America are critical components to a successful regional 
counternarcotics strategy. We look forward to working with Guatemala 
and other Central American nations to support counternarcotics programs 
and the rule of law under the new Merida Initiative.
    ``The Government of Ecuador is committed to protecting its borders 
and territory against drug trafficking and other transnational crimes. 
The increased presence of Ecuadorian security forces in its 
counternarcotics efforts provided a more effective deterrent to drug 
production and trafficking. The identification of new trafficking 
trends and increased staffing and inspection at all air, land, and sea 
ports are also helping to hinder drug trafficking. With a system for 
tracking vessels already in place, Ecuador is expanding this capability 
and more effectively utilizing it as a tool for working with partner 
nations. The country's ability to identify the nationality of ships is 
of special concern as considerable cocaine destined for the United 
States has been detected on Ecuadorian-flagged vessels.
    ``The countries of West Africa have emerged as key transit hubs for 
Andean cocaine trafficked through Venezuela and Brazil and destined for 
European markets. This trafficking is undermining many of the already 
fragile institutions of countries in the region. Narcotics traffickers 
have focused their illegal activities in Guinea-Bissau, but have 
recently extended their operations south to Guinea. The presence of 
Latin American drug traffickers and the large quantities of cocaine 
trafficked openly suggest that drug criminals may exercise the 
prerogatives of sovereign nation-states in these two countries. West 
Africa has long been a hub for illicit criminal networks. West African 
states lack resources to sufficiently counter efforts by drug 
trafficking organizations whose activity threatens the stability of 
these countries and the well-being of their people.
    ``International donors and organizations are working to assist 
governments in their counternarcotic efforts. We support these efforts 
to preserve and protect stability and positive growth in this region.
    ``Nigeria, a major transit country for illicit drugs destined for 
the United States, continues to make some progress on counternarcotics 
and has cooperated effectively with the United States on drug-related 
money laundering cases. Since it began operations in 2005, the Nigerian 
Financial Intelligence Unit has investigated numerous suspicious 
transaction reports that have resulted in high-profile convictions 
recorded by the Economic and Financial Crimes Commission (EFCC). 
However, recent developments in Nigeria raise questions about whether 
the EFCC will remain an effective anticorruption agency. The United 
States Government has had extradition requests pending in Nigeria for 
years and is concerned that Nigeria's extradition practices and 
procedures remain obstacles to the effectiveness of this essential 
counternarcotics law enforcement tool. We are encouraged that Nigeria's 
use of U.S.-donated body scanners at its four major international 
airports has resulted in the arrest of numerous drug traffickers. 
Moreover, we fully support the National Drug Law Enforcement Agency's 
recent cooperation in regional search and seizure operations.
    ``The Government of India maintains a strong track record of 
regulating, monitoring, and curbing its licit opium production and 
distribution process. India has introduced robust, high-tech methods to 
control cultivation by licensed opium farmers. In this sense, India 
must continue to refine its control measures to guard against the 
continuing problem of diversion of licit opium crops, grown for the 
production of pharmaceutical products, to illegal markets. The United 
States continues to be concerned about illicit opium poppy production 
in certain areas of the country, such as West Bengal and the state of 
Uttaranchal along the India-China Border, previously thought to be free 
of such cultivation. Nevertheless, during the past year the country has 
destroyed substantial areas of illicit poppy cultivation. The Indian 
Government must also continue to investigate cases of large, illicit 
poppy production and accordingly bring perpetrators to trial. The 
United States, along with other foreign governments and international 
organizations, has a good working relationship with India to interdict 
the flow of narcotics being smuggled across India's borders.''.
    Recent previous determinations: Presidential Determination No. 
2003-14, January 30, 2003 (68 F.R. 5787); Presidential Determination 
No. 2003-38, September 15, 2003 (68 F.R. 54973); Presidential 
Determination No. 2004-47, September 15, 2004 (69 F.R. 57809); 
Presidential Determination No. 2005-36, September 14, 2005 (70 F.R. 
56807); Presidential Determination No. 2006-24, September 15, 2006 (71 
F.R. 57865); and Presidential Determination No. 2007-33, September 14, 
2007 (unpublished; available at www.state.gov).
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          (1) Bilateral assistance.--Fifty percent of the 
        United States assistance allocated each fiscal year in 
        the report required by section 653 for each major 
        illicit drug producing country, major drug-transit 
        country, or country identified pursuant to clause (i) 
        or (ii) of section 489(a)(8)(A) of this Act \625\ shall 
        be withheld from obligation and expenditure, except as 
        provided in subsection (b). This paragraph shall not 
        apply with respect to a country if the President 
        determines that its application to that country would 
        be contrary to the national interest of the United 
        States, except that any such determination shall not 
        take effect until at least 15 days after the President 
        submits written notification of that determination to 
        the appropriate congressional committees in accordance 
        with the procedures applicable to reprogramming 
        notifications under section 634A.
---------------------------------------------------------------------------
    \625\ Sec. 722(b)(1) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 268) struck 
out ``major illicit drug producing country or major drug-transit 
country'' and inserted in lieu thereof ``major illicit drug producing 
country, major drug-transit country, or country identified pursuant to 
clause (i) or (ii) of section 489(a)(8)(A) of this Act''. Previously, 
sec. 101(g)(1)(B) of the International Narcotics Control Corrections 
Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out ``(as 
determined under subsection (h))'' after ``major drug-transit 
country''.
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          (2) Multilateral assistance.--The Secretary of the 
        Treasury shall instruct the United States Executive 
        Director of each multilateral development bank to vote, 
        on and after March 1 \626\ of each year, against any 
        loan or other utilization of the funds of their 
        respective institution to or for any major illicit drug 
        producing country or major drug-transit country (as 
        determined under subsection (h)) or country identified 
        pursuant to clause (i) or (ii) of section 489(a)(8)(A) 
        of this Act,\627\ except as provided in subsection (b). 
        For purposes of this paragraph, the term ``multilateral 
        development bank'' means the International Bank for 
        Reconstruction and Development, the International 
        Development Association, the Inter-American Development 
        Bank, the Asian Development Bank, the African 
        Development Bank, and the European Bank for 
        Reconstruction and Development.
---------------------------------------------------------------------------
    \626\ Sec. 101(g)(1)(C) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``April 1'' and inserted in lieu thereof ``March 1''.
    \627\ Sec. 722(b)(2) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 269) 
inserted ``or country identified pursuant to clause (i) or (ii) of 
section 489(a)(8)(A) of this Act''.
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    (b) Certification Procedures.--
          (1) What must be certified.--Subject to subsection 
        (d), the assistance withheld from a country pursuant to 
        subsection (a)(1) may be obligated and expended, and 
        the requirement of subsection (a)(2) to vote against 
        multilateral development bank assistance to a country 
        shall not apply, if the President determines and 
        certifies to the Congress, at the time of the 
        submission of the report required by section 489(a), 
        that--
                  (A) \628\ during the previous year the 
                country has cooperated fully with the United 
                States, or has taken adequate steps on its own, 
                to achieve full compliance with the goals and 
                objectives established by the United Nations 
                Convention Against Illicit Traffic in Narcotic 
                Drugs and Psychotropic Substances; or
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    \628\ On April 6, 2009, the Deputy Secretary of State issued Public 
Notice 6567 (74 F.R. 15574), finding:
    ``Pursuant to section 490(b)(1)(A) of the Foreign Assistance Act of 
1961, as amended, I hereby determine and certify that the top five 
exporting and importing countries and territories of pseudoephedrine 
and ephedrine (India, Germany, Singapore, Belgium, United Kingdom, 
China, Taiwan, Argentina, South Korea, Switzerland, Indonesia, and 
Thailand) have cooperated fully with the United States, or have taken 
adequate steps on their own, to achieve full compliance with the goals 
and objectives established by the United Nations Convention Against 
Illicit Traffic in Narcotic Drugs and Psychotropic Substances.''.
    No determination was published in 2008.
    In 2007, the President identified Belgium, China, Germany, India, 
Indonesia, Mexico, Singapore, South Africa, South Korea, Switzerland, 
Taiwan, and the United Kingdom as the ``top five exporting and 
importing countries of pseudoephedrine and ephedrine in 2005'' 
(Presidential Determination No. 2007-14; 72 F.R. 10881).
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                  (B) for a country that would not otherwise 
                qualify for certification under subparagraph 
                (A), the vital national interests of the United 
                States require that the assistance withheld 
                pursuant to subsection (a)(1) be provided and 
                that the United States not vote against 
                multilateral development bank assistance for 
                that country pursuant to subsection (a)(2).
          (2) Considerations regarding cooperation.--In making 
        the determination described in paragraph (1)(A), the 
        President shall consider the extent to which the 
        country has--
                  (A) met the goals and objectives of the 
                United Nations Convention Against Illicit 
                Traffic in Narcotic Drugs and Psychotropic 
                Substances, including action on such issues as 
                illicit cultivation, production, distribution, 
                sale, transport and financing, and money 
                laundering, asset seizure, extradition, mutual 
                legal assistance, law enforcement and transit 
                cooperation, precursor chemical control, and 
                demand reduction;
                  (B) accomplished the goals described in an 
                applicable bilateral narcotics agreement with 
                the United States or a multilateral agreement; 
                and
                  (C) taken legal and law enforcement measures 
                to prevent and punish public corruption, 
                especially by senior government officials, that 
                facilitates the production, processing, or 
                shipment of narcotic and psychotropic drugs and 
                other controlled substances, or that 
                discourages the investigation or prosecution of 
                such acts.
          (3) Information to be included in national interest 
        certification.--If the President makes a certification 
        with respect to a country pursuant to paragraph (1)(B), 
        the President shall include in such certification--
                  (A) a full and complete description of the 
                vital national interests placed at risk if 
                United States bilateral assistance to that 
                country is terminated pursuant to this section 
                and multilateral development bank assistance is 
                not provided to such country; and
                  (B) a statement weighing the risk described 
                in subparagraph (A) against the risks posed to 
                the vital national interests of the United 
                States by the failure of such country to 
                cooperate fully with the United States in 
                combating narcotics or to take adequate steps 
                to combat narcotics on its own.
  (c) Licit Opium Producing Countries.--The President may make 
a certification under subsection (b)(1)(A) with respect to a 
major illicit drug producing country, or major drug-transit 
country, that is a producer of licit opium only if the 
President determines that such country maintains licit 
production and stockpiles at levels no higher than those 
consistent with licit market demand, and has taken adequate 
steps to prevent significant diversion of its licit cultivation 
and production into the illicit markets and to prevent illicit 
cultivation and production.\629\
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    \629\ Sec. 101(g)(1)(D) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``that such country has taken adequate steps to prevent significant 
diversion of its licit cultivation and production into the illicit 
market, maintains production and stockpiles at levels no higher than 
those consistent with licit market demand, and prevents illicit 
cultivation and production.'', and inserted in lieu thereof ``that such 
country maintains licit production and stockpiles at levels no higher 
than those consistent with licit market demand, and has taken adequate 
steps to prevent significant diversion of its licit cultivation and 
production into the illicit markets and to prevent illicit cultivation 
and production.''.
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  (d) Congressional Review.--Subsection (e) shall apply if, 
within 30 \630\ calendar days after receipt of a certification 
submitted under subsection (b) at the time of submission of the 
report required by section 489(a), the Congress enacts a joint 
resolution disapproving the determination of the President 
contained in such certification.
---------------------------------------------------------------------------
    \630\ Sec. 101(g)(1)(E) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``45'' and inserted in lieu thereof ``30''.
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  (e) Denial of Assistance for Countries Decertified.--If the 
President does not make a certification under subsection (b) 
with respect to a country or the Congress enacts a joint 
resolution disapproving such certification, then until such 
time as the conditions specified in subsection (f) are 
satisfied--
          (1) funds may not be obligated for United States 
        assistance for that country, and funds previously 
        obligated for United States assistance for that country 
        may not be expended for the purpose of providing 
        assistance for that country; and
          (2) the requirement to vote against multilateral 
        development bank assistance pursuant to subsection 
        (a)(2) shall apply with respect to that country, 
        without regard to the date specified in that 
        subsection.
  (f) Recertification.--Subsection (e) shall apply to a country 
described in that subsection until--
          (1) the President, at the time of submission of the 
        report required by section 489(a), makes a 
        certification under subsection (b)(1)(A) or (b)(1)(B) 
        with respect to that country, and the Congress does not 
        enact a joint resolution under subsection (d) 
        disapproving the determination of the President 
        contained in that certification; or
          (2) the President, at any other time, makes the 
        certification described in subsection (b)(1)(B) with 
        respect to that country, except that this paragraph 
        applies only if either--
                  (A) the President also certifies that--
                          (i) that country has undergone a 
                        fundamental change in government, or
                          (ii) there has been a fundamental 
                        change in the conditions that were the 
                        reason--
                                  (I) why the President had not 
                                made a certification with 
                                respect to that country under 
                                subsection (b)(1)(A), or
                                  (II) if he had made such a 
                                certification and the Congress 
                                enacted a joint resolution 
                                disapproving the determination 
                                contained in the certification, 
                                why the Congress enacted that 
                                joint resolution; or
                  (B) the Congress enacts a joint resolution 
                approving the determination contained in the 
                certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall 
discuss the justification for the certification.
  (g) \631\ Senate Procedures.--Any joint resolution under this 
section shall be considered in the Senate in accordance with 
the provisions of section 601(b) of the International Security 
Assistance and Arms Export Control Act of 1976.
---------------------------------------------------------------------------
    \631\ Subsec. (g) formerly read ``Congressional Review 
Procedures.--(1) Senate.--''. Sec. 101(g)(1)(F) of the International 
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108 
Stat. 4693) struck this out, inserted ``Senate Procedures.--'', and 
struck out para. (2), which had read as follows:
    ``(2) House of representatives.--For the purpose of expediting the 
consideration and enactment of joint resolutions under this section, a 
motion to proceed to the consideration of any such joint resolution 
after it has been reported by the appropriate committee shall be 
treated as highly privileged in the House of Representatives.''.
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  (h) \632\ Determining Major Drug-Transit and Major Illicit 
Drug Producing Countries.--Not later than November 1 \632\ of 
each year, the President shall notify the appropriate 
committees of the Congress of which countries have been 
determined to be major drug-transit countries, and which 
countries have been determined to be major illicit drug 
producing countries, for purposes of this Act.
---------------------------------------------------------------------------
    \632\ Sec. 101(g)(1)(G) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``for Fiscal Years 1993 and 1994'' in the subsec. catchline, and struck 
out ``January 1'' in lieu of ``November 1'' in the text.
---------------------------------------------------------------------------

SEC. 490A.\633\ * * * [REPEALED--1995]

      
---------------------------------------------------------------------------
    \633\ Formerly at 22 U.S.C. 2291k. Sec. 1112 of Public Law 104-66 
(109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable 
After September 30, 1995--and 490A--Annual Certification Procedures 
After September 30, 1995. That section also amended the section 
catchlines of secs. 489 and 490, striking out ``for fiscal year 1995'' 
in each case. Originally added by sec. 5(a) of the International 
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
    Sec. 101(g)(2)(A) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``1994'' from the section catchline, and inserted in lieu thereof 
``1995''.
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           Chapter 9--International Disaster Assistance \634\

    Sec. 491.\635\ Policy and General Authority.--(a) The 
Congress, recognizing that prompt United States assistance to 
alleviate human suffering caused by natural and manmade 
disasters is an important expression of the humanitarian 
concern and tradition of the people of the United States, 
affirms the willingness of the United States to provide 
assistance for the relief and rehabilitation of people and 
countries affected by such disasters.
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    \634\ Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted 
``International Disaster Assistance'' in lieu of ``Refugee Relief 
Assistance''.
    See also Executive Order 13151 (April 27, 2000; 65 F.R. 25617; 42 
U.S.C. 5195), establishing an Interagency Coordinating Committee to 
provide leadership and oversight through a Global Disaster Information 
Network ``to use information technology more effectively to reduce loss 
of life and property from natural and man-made disasters''.
    \635\ 22 U.S.C. 2292. Added by sec. 101(3) of Public Law 94-161 (80 
Stat. 849). An earlier sec. 491, which was added by sec. 109 of the FA 
Act of 1971, and repealed by sec. 101(2) of Public Law 94-161 (89 Stat. 
849), read as follows:
    ``Sec. 491. Refugee Relief Assistance.--There is authorized to be 
appropriated to the President for the fiscal year 1972, in addition to 
funds otherwise available for such purposes, not to exceed 
$250,000,000, to remain available until expended, for use by the 
President in providing assistance for the relief and rehabilitation of 
refugees from East Pakistan and for humanitarian relief in East 
Pakistan. Such assistance shall be distributed, to the maximum extent 
practicable, under the auspices of and by international institutions 
and relief agencies or United States voluntary agencies.''.
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    (b) Subject to the limitations \636\ in section 492, and 
notwithstanding any other provision of this or any other Act, 
the President is authorized to furnish assistance to any 
foreign country, international organization, or private 
voluntary organization,\637\ on such terms and conditions as he 
may determine, for international disaster relief and 
rehabilitation, including assistance relating to disaster 
preparedness, and to the prediction of, and contingency 
planning for, natural disasters abroad.
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    \636\ Sec. 404(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150) struck out 
``on appropriations'' at this point.
    \637\ Sec. 118(a) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) struck out 
``or international organization'' and inserted in lieu thereof 
``international organization, or private voluntary organization,''.
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    (c) In carrying out the provisions of this section the 
President shall insure that the assistance provided by the 
United States shall, to the greatest extent possible, reach 
those most in need of relief and rehabilitation as a result of 
natural and manmade disasters.
    Sec. 492.\638\ Authorization.--(a) \639\ There are 
authorized to be appropriated to the President to carry out 
section 491, $25,000,000 for the fiscal year 1986 and 
$25,000,000 for the fiscal year 1987.\640\ Amounts appropriated 
under this section are authorized to remain available until 
expended.\641\
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    \638\ 22 U.S.C. 2292a. Added by sec. 101(3) of Public Law 94-161 
(89 Stat. 849).
    \639\ Sec. 404(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150)inserted 
subsec. designation ``(a)'' and subsec. (b).
    \640\ The authorization figures for fiscal years 1986 and 1987 were 
inserted by sec. 404 of the International Security and Development 
Cooperation Act of 1985. (Public Law 99-83; 99 Stat. 219). 
Authorizations under Sec. 492 in recent years included the following: 
fiscal year 1979--$25,000,000; fiscal year 1980--$21,800,000; fiscal 
year 1981--$25,000,000; fiscal year 1982--$27,000,000; fiscal year 
1983--$27,000,000; fiscal year 1984--$25,000,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2009--no authorization.
    Congress did not enact an authorization for fiscal year 2009. 
Instead, the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8), 
waives the requirements for authorization, and title III of that Act 
(123 Stat. 845) provides the following:
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``international disaster assistance
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    ``For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $350,000,000, to 
remain available until expended.
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``transition initiatives
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    ``For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance: Provided further, That if the President 
determines that it is important to the national interests of the United 
States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading: Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.''.
    Title XI of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1892), provides the following:
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``international disaster and famine assistance
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    ``For an additional amount for `International Disaster Assistance', 
$270,000,000, to remain available until expended.''.
    In Public Law 109-13, see also sec. 2110, relating to humanitarian 
assistance code of conduct (119 Stat. 268; 22 U.S.C. 2370b).
    \641\ A sentence that called for a quarterly report on the 
programming and obligation of funds under sec. 492 and had previously 
appeared at this point, was struck by sec. 118(b)(2) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 953).
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    (b) \639\ In addition to amounts otherwise available to 
carry out this chapter, up to $50,000,000 in any fiscal year 
may be obligated against appropriations under this part (other 
than this chapter) for use in providing assistance in 
accordance with the authorities and general policies of section 
491. Amounts subsequently appropriated under this chapter with 
respect to a disaster may be used to reimburse any 
appropriation account against which obligations were incurred 
under this subsection with respect to that disaster.
    Sec. 493.\642\ Disaster Assistance--Coordination.--The 
President is authorized to appoint a Special Coordinator for 
International Disaster Assistance whose responsibility shall be 
to promote maximum effectiveness and coordination in responses 
to foreign disasters by United States agencies and between the 
United States and other donors. Included among the Special 
Coordinator's responsibilities shall be the formulation and 
updating of contingency plans for providing disaster relief.
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    \642\ 22 U.S.C. 2292b. Added by sec. 101(3) of Public Law 94-161 
(89 Stat. 849).
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    Sec. 494.\643\ Disaster Relief Assistance.--There is 
authorized to be appropriated, in addition to other sums 
available for such purposes, $65,000,000 for use by the 
President for disaster relief and emergency recovery needs in 
Pakistan, and Nicaragua, under such terms and conditions as he 
may determine, such sums to remain available until expended.
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    \643\ 22 U.S.C. 2292c. Former sec. 452, which was added by sec. 
2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-
333), was redesignated as sec. 494 by sec. 101(4) of Public Law 94-161 
(89 Stat. 849).
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    Sec. 494A.\644\ Famine and Disaster Relief to Drought-
Stricken African Nations. * * * [Repealed--1978]
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    \644\ Sec. 494A, originally added as sec. 639A by the FA Act of 
1973 and subsequently redesignated as sec. 494A by Public Law 94-161 
(89 Stat. 849), was repealed by sec. 604 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 961).
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    Sec. 494B.\645\ African Development Program. * * * 
[Redesignated--1977]
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    \645\ Sec. 494B, originally added as sec. 639B of this Act by the 
FA Act of 1973 and later redesignated as sec. 494B in 1975, was 
subsequently redesignated as sec. 120 (Sahel Development Program--
Planning) by sec. 115 of Public Law 95-88 (91 Stat. 539).
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    Sec. 495.\646\ Cyprus Relief and Rehabilitation.--The 
President is authorized to furnish assistance, on such terms 
and conditions as he may determine, for the relief and 
rehabilitation of refugees and other needy people in Cyprus. 
There is authorized to be appropriated for the purposes of this 
section, in addition to amounts otherwise available for such 
purposes, $40,000,000.\647\ Such amount is authorized to remain 
available until expended. Assistance under this section shall 
be provided in accordance with the policy and general authority 
contained in section 491.
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    \646\ 22 U.S.C. 2292f. Added by sec. 101(8) of Public Law 94-161 
(89 Stat. 849).
    \647\ Sec. 402 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) struck out 
``$30,000,000'' and inserted in lieu thereof ``$40,000,000''.
    The FA Appropriations Act, 1976, provided the following: ``Cyprus 
relief and rehabilitation: For necessary expenses to carry out the 
provisions of section 495, $25,000,000.''.
    For ``Cyprus relief and rehabilitation'' for the period July 1, 
1976, through September 30, 1976, $5,000,000.
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    Sec. 495A.\648\ Guatemala Relief and Rehabilitation. * * * 
[Repealed--1978]
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    \648\ Sec. 495A, as added by Public Law 94-276 (90 Stat. 397), was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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    Sec. 495B.\649\ Italy Relief and Rehabilitation.--(a) In 
addition to amounts otherwise available for such purpose, there 
is authorized to be appropriated $25,000,000 for the fiscal 
year 1976 to furnish assistance under this chapter for the 
relief and rehabilitation of the people who have been 
victimized by the recent earthquake in Italy. Amounts 
appropriated under this section are authorized to remain 
available until expended.
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    \649\ 22 U.S.C. 2292h. Added by sec. 415 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 761).
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    (b) \650\ There are authorized to be appropriated to the 
President $30,000,000 for the fiscal year 1978 for relief, 
rehabilitation, and reconstruction assistance, in accordance 
with the provisions of section 491 and on such terms and 
conditions as he may determine, for the people who have been 
victimized by the recent earthquakes in Italy. Amounts 
appropriated under this subsection are authorized to remain 
available until expended.
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    \650\ Sec. 120 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 541) redesignated subsec. (b) 
as subsec. (c) and added this new subsec. (b).
    The FA Appropriations Act, 1978, provided the following:
    ``Italy relief and rehabilitation assistance: For necessary 
expenses to carry out the provisions of section 495B, $25,000,000.''.
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    (c) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Italy may be charged to the appropriations 
authorized under this section.
    (d) \651\ (1) The Congress recognizes that prompt United 
States assistance is necessary to alleviate the human suffering 
arising from the earthquakes in southern Italy in late 1980. 
Accordingly, there are authorized to be appropriated to the 
President, in addition to amounts otherwise available for such 
purpose, $50,000,000 for the fiscal year 1981 for relief, 
rehabilitation, and reconstruction assistance for the victims 
of those earthquakes. Such assistance shall be provided in 
accordance with the policies and general authorities of section 
491 and on such terms and conditions as the President may 
determine.
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    \651\ Public Law 96-525 (94 Stat. 3043) added subsec. (d).
    The full $50,000,000 authorized in this subsection for Italian 
earthquake disaster assistance was appropriated by Public Law 96-536, 
the continuing resolution providing foreign aid funds for fiscal year 
1981. This $50,000,000 was designated as an earmarking out of the total 
of $73,000,000 appropriated in fiscal year 1981 for international 
disaster assistance. The FA Appropriations, 1982, also provided that of 
the $27,000,000 made available under sec. 491, ``not less than 
$10,000,000 shall be used for earthquake relief and reconstruction in 
southern Italy.''. The FA Appropriations Act, 1984 (sec. 101(b)(1) of 
the Further Continuing Appropriations Act, 1984) further provided that 
out of the $25,000,000 made available under sec. 491, ``$10,000,000 
shall be used only for earthquake relief and reconstruction in southern 
Italy, which amount may be derived either from amounts appropriated to 
carry out the provisions of section 491 of the Foreign Assistance Act 
of 1961 or from up to $10,000,000 of amounts heretofore appropriated 
pursuant to chapter 4 of part II of such Act for Syria which are, if 
deobligated, hereby continued available for the purposes of section 491 
or for other programs for Italy consistent with sections 103 through 
106 of such Act.''.
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    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (3) Obligations incurred against other appropriations or 
accounts for the purpose of providing relief, rehabilitation, 
and reconstruction assistance for the victims of the late 1980 
earthquakes in southern Italy may be charged to appropriations, 
enacted after those obligations were incurred, for assistance 
for that purpose under this chapter.
    Sec. 495C.\652\ Lebanon Relief and Rehabilitation.--(a) The 
Congress, recognizing that prompt United States assistance is 
necessary to alleviate the human suffering arising from the 
civil strife in Lebanon and to restore the confidence of the 
people of Lebanon, authorizes the President to furnish 
assistance, on such terms and conditions as he may determine, 
for the relief and rehabilitation of refugees and other needy 
people in Lebanon.
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    \652\ 22 U.S.C. 2292i. Added by sec. 416 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 762).
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    (b) There is authorized to be appropriated to the President 
for the purposes of this section, in addition to amounts 
otherwise available for such purposes, $20,000,000, which 
amount is authorized to remain available until expended.\653\
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    \653\ The FA Appropriations Act, 1977, provided the following: 
``For necessary expenses to carry out the provisions of section 495C, 
$20,000,000.''.
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    (c) Assistance under this section shall be provided in 
accordance with the policies and general authority contained in 
section 491.
    (d) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Lebanon may be charged to the appropriations 
authorized under this section.
    (e) \654\ * * * [Repealed--1978]
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    \654\ Subsec. (e), which called for a quarterly report on 
programing and obligation of funds under sec. 495C, was repealed by 
sec. 502(d)(1) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 959).
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    Sec. 495D.\655\ Romanian Relief and Rehabilitation.--(a) 
The Congress, recognizing that prompt United States assistance 
is necessary to alleviate the human suffering arising from 
recent earthquakes in Romania, authorizes the President to 
furnish assistance, on such terms and conditions as he may 
determine, for the relief and rehabilitation of refugees and 
other earthquake victims in Romania.
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    \655\ 22 U.S.C. 2292j. Added by Public Law 95-21 (91 Stat. 48).
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    (b) There are hereby authorized to be appropriated to the 
President for the fiscal year 1977, notwithstanding any other 
provisions of this Act, in addition to amounts otherwise 
available for such purposes, not to exceed $20,000,000, which 
amount is authorized to remain available until expended.\656\
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    \656\ The FA Appropriations Act, 1978, provided the following:
    ``Sec. 601. For expenses necessary to carry out the provisions of 
section 495D of the Foreign Assistance Act of 1961, as amended, 
$13,000,000 for the fiscal year 1977 for Romanian relief and 
rehabilitation assistance, to remain available until expended.''.
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    (c) Assistance under this section shall be provided in 
accordance with the policies and general authority contained in 
section 491.
    (d) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Romania may be charged to the appropriations 
authorized under this section.
    (e) \657\ * * * [Repealed--1981]
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    \657\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (e), which had required a quarterly report from the President 
on the programing and obligation of funds under this section.
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    (f) Nothing in this section shall be interpreted as 
endorsing any measure undertaken by the Government of Romania 
which would suppress human rights as defined in the Conference 
on Security and Co-operation in Europe (Helsinki) Final Act and 
the United Nations Declaration on Human Rights, or as 
constituting a precedent for or commitment to provide United 
States development assistance to Romania, and the Romanian 
Government shall be so notified when aid is furnished under 
this section.
    Sec. 495E.\658\ Turkey Relief, Rehabilitation, and 
Reconstruction.--The President is requested to use up to 
$10,000,000 of the funds made available under section 492 of 
this Act to provide relief, rehabilitation, and reconstruction 
assistance to the victims of the recent earthquakes in Turkey.
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    \658\ 22 U.S.C. 2292k. Originally added as sec. 495D by sec. 121 of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 541). Redesignated as sec. 495E by sec. 119(1) of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 953).
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    Sec. 495F.\659\ African Rehabilitation and Resettlement.--
(a) The Congress recognizes that United States assistance is 
necessary to help developing countries in Africa meet the 
longer term rehabilitation and resettlement needs of displaced 
persons and other innocent victims of civil strife. Therefore, 
the President is authorized to furnish assistance, on such 
terms and conditions as he may determine, for the longer term 
rehabilitation and resettlement needs of such victims. Funds 
for this purpose should be used to assist African governments 
in providing semipermanent housing, potable water supply 
systems, and sanitary facilities which are generally not 
provided by existing refugee relief agencies.
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    \659\ 22 U.S.C. 2292l. Sec. 495F, as added by sec. 119(2) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 953), was amended and restated by sec. 405 of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3150). It formerly read as follows:
    ``Sec. 495F. Assistance to African Refugees.--The President is 
authorized to furnish assistance, on such terms and conditions as he 
may determine, exclusively for the relief and rehabilitation of African 
refugees and other needy people located in Africa. There is authorized 
to be appropriated for the fiscal year 1980 for purposes of this 
section in addition to amounts otherwise available for such purposes, 
$14,920,000, which amount is authorized to remain available until 
expended. Assistance under this section shall be provided in accordance 
with the policies and general authorities contained in section 491.''.
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    (b) There are authorized to be appropriated to the 
President for the purposes of this section, in addition to 
amounts otherwise available for such purposes, $15,000,000 for 
the fiscal year 1981.\660\ Amounts appropriated under this 
subsection are authorized to remain available until expended.
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    \660\ Authorizations under sec. 495F during recent years included 
the following: fiscal year 1979--$15,000,000; fiscal year 1980--
$14,920,000.
    During fiscal year 1981, foreign assistance programs operated 
pursuant to a series of continuing resolutions. The last continuing 
resolution in the series (H.J. Res. 644, Public Law 96-536) provided 
(with several exceptions) such amounts as may be necessary for 
continuing projects or activities ``which were conducted in fiscal year 
1980 and would be provided for in H.R. 7854, the Foreign Assistance and 
Related Programs Appropriation Act, 1981, as reported July 29, 1980, at 
a rate of operations not in excess of the rate which would have been 
provided under the terms of the conference report (House Report 96-
787), and in accordance with associated agreements stated in the Joint 
Explanatory Statements of the Committee of Conference, accompanying 
H.R. 4473 * * *'' (this conference report was never approved by 
Congress). H.R. 4473 provided the following: ``Assistance to African 
refugees: For necessary expenses to carry out the provisions of section 
495F, $14,250,000: Provided, That these funds shall be transferred to 
the Office of Refugee Programs of the Department of State for 
obligation and expenditure.''.
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    (c) Assistance under this section shall be provided in 
accordance with the policies and general authorities contained 
in section 491.
    Sec. 495G.\661\ Special Caribbean Hurricane Relief 
Assistance.--The President is authorized to furnish assistance, 
on such terms and conditions as he may determine, for disaster 
relief and reconstruction in the Caribbean to assist in 
alleviating the human suffering caused by recent hurricanes in 
that region. In addition to amounts otherwise available for 
such purposes, there is authorized to be appropriated for 
purposes of this section $25,000,000 for the fiscal year 1980, 
which amount is authorized to remain available until 
expended.\662\ Assistance under this section shall be provided 
in accordance with the policies and general authorities 
contained in section 491.
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    \661\ 22 U.S.C. 2292m. Added by Public Law 96-109 (93 Stat. 842). 
Such Act also stated that priority should be given to furnishing 
agricultural commodities under Public Law 480 to this hurricane 
affected area.
    \662\ The Supplemental Appropriation and Rescission Act, 1980 
(Public Law 96-304; 94 Stat. 873), contained $10 million intended for 
special Caribbean hurricane disaster relief.
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    Sec. 495H.\663\ Cambodian Disaster Relief Assistance.--(a) 
The Congress recognizes that prompt United States assistance is 
necessary to alleviate the human suffering arising from famine 
and disease in Cambodia. Accordingly, the President is 
authorized to furnish assistance, on such terms and conditions 
as he may determine, for disaster relief to alleviate the 
suffering of the victims of famine and disease in Cambodia. 
Assistance provided under this section shall be for 
humanitarian purposes and limited to the civilian population, 
with emphasis on providing food, medicine and medical care, 
clothing, temporary shelter, transportation for emergency 
supplies and personnel, and similar assistance to save human 
lives.
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    \663\ 22 U.S.C. 2292n. Added by sec. 2 of Public Law 96-110 (93 
Stat. 843). Sec. 4 of such Act also required a report from the 
President by Jan. 12, 1980, regarding total costs of the U.S. 
Government and State and local governments of domestic and foreign 
assistance to refugees during fiscal years 1980 and 1981. Subsequently, 
sec. 1011(a)(4) of the Department of State Authorization Act, Fiscal 
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed sec. 4 
of Public Law 96-110.
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    (b) Assistance provided under this section or any other 
provision of law to alleviate the human suffering caused by 
famine and disease in Cambodia shall be provided, to the 
maximum extent practicable, through international agencies and 
private voluntary organizations such as (among others) the 
World Relief Committee, World Medical Missions, Inc., Cama 
Services, World Vision, Food for the Hungry, Thailand Baptist 
Mission, Catholic Relief Services, Oxfam, and the International 
Rescue Committee.
    (c)(1) In providing assistance under this section, the 
President shall satisfy himself that adequate procedures have 
been established to ensure that such assistance reaches the 
innocent victims of famine and disease for whom it is intended. 
Such procedures shall include end use monitoring of deliveries 
on a periodic basis by individuals having freedom of movement 
where the assistance is being distributed within Cambodia.
    (2) \664\ * * * [Repealed--1981]
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    \664\ Para. (2), which had required a report by the President that 
adequate procedures have been established ensure that the assistance 
provided under this section is reaching the innocent victims of famine 
and disease for whom it is intended, was repealed by sec. 734(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). Such report was submitted on February 11, 
1980.
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    (d)(1) In addition to amounts otherwise available for such 
purposes, there is authorized to be appropriated for purposes 
of this section $30,000,000 for the fiscal year 1980, which 
amount is authorized to remain available until expended.\665\
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    \665\ The Supplemental Appropriation and Rescission Act, 1980 
(Public Law 96-304; 94 Stat. 873), included $30 million intended for 
Cambodian Disaster Relief Assistance.
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    (2) Obligations incurred, prior to the enactment of 
appropriations to carry out this section, against other 
appropriations or accounts for the purpose of alleviating the 
human suffering caused by famine and disease in Cambodia may be 
charged to the appropriations authorized by paragraph (1) of 
this subsection.
    (3) The President may exercise the authority of section 
610(a) of this Act (without regard to the 20 percent limitation 
contained in that section on increases in accounts) in order to 
transfer, for use in carrying out this section, up to 
$30,000,000 of the funds made available for the fiscal year 
1980 to carry out other provisions of this Act.
    (4) Priority shall be given in allocating assistance under 
the Food for Peace Act \666\ to furnishing agricultural 
commodities for use in carrying out this section.
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    \666\ Sec. 3001(b) of the Food, Conservation, and Energy Act of 
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural 
Trade Development and Assistance Act of 1954'' and inserted in lieu 
thereof ``Food for Peace Act''.
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    (e) Assistance under this section shall be provided in 
accordance with the policies and utilizing the general 
authorities provided in section 491.
    Sec. 495I.\667\ Assistance for Displaced Persons in Central 
America.--(a)(1) The Congress recognizes that prompt United 
States assistance is necessary to help meet the basic human 
needs of persons displaced by strife in El Salvador. Therefore, 
the President is authorized to furnish assistance, on such 
terms and conditions as he may determine, to help alleviate the 
suffering of these displaced persons. Assistance provided under 
this section shall be for humanitarian purposes, with emphasis 
on the provision of food, medicine, medical care, and shelter 
and, where possible, implementation of other relief and 
rehabilitation activities. The Congress encourages the use, 
where appropriate of the services of private and voluntary 
organizations and international relief agencies in the 
provision of assistance under this section.
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    \667\ 22 U.S.C. 2292o. Added by sec. 504 of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1540).
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    (2) The Congress understands that the country of Belize has 
expressed interest and willingness in the resettlement in its 
territory of Haitian nationals who desire to settle in Belize. 
Therefore, the President is authorized to furnish assistance, 
on such terms and conditions as he may determine, to assist the 
Government of Belize in the resettlement of Haitian nationals 
in the national territory of Belize.
    (b) There are authorized to be appropriated to the 
President for the purposes of this section, in addition to 
amounts otherwise available for such purposes, $5,000,000 for 
the fiscal year 1982 and $5,000,000 for the fiscal year 
1983.\668\ Amounts appropriated under this section are 
authorized to remain available until expended.
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    \668\ The FA Appropriations Act, 1982, provided that out of the 
$473 million in funds for migration and refugee assistance during 
fiscal year 1982, ``$5,000,000 of this amount shall be used for 
assistance for persons displaced by strife in El Salvador as provided 
in H.R. 3566 as reported May 19, 1981.''. Under the provisions of the 
Further Continuing Appropriations Act, 1983 (Public Law 97-377), which 
continued funding for foreign assistance at the rates and under the 
terms and conditions provided in the FA Appropriations Act, 1982, with 
exceptions, no prior year earmarking of funds under the ``Migration and 
Refugee Assistance'' account would apply.
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    (c) Assistance under this section shall be provided in 
accordance with the policies and utilizing the general 
authorities provided in section 491.
    Sec. 495J.\669\ Lebanon Emergency Relief, Rehabilitation, 
and Reconstruction Assistance.--(a) The Congress recognizes 
that prompt United States assistance is necessary to alleviate 
the human suffering and resettlement needs of the innocent 
victims of recent strife in Lebanon. Therefore, the President 
is authorized to furnish assistance, on such terms and 
conditions as he may determine, for the relief, rehabilitation, 
and reconstruction needs of such victims. Assistance provided 
under this section shall emphasize the provision of food, 
medicine, clothing, shelter, and water supply systems, and 
similar efforts to ameliorate the suffering of the people in 
Lebanon.
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    \669\ 22 U.S.C. 2292p. Added by Public Law 97-208 (96 Stat. 138). 
The Supplemental Appropriations Act, 1982 (Public Law 97-257; 96 Stat. 
818 at 833), included the following:

``lebanon emergency relief

``(transfer of funds)
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    ``For expenses necessary to carry out the provisions of section 
495J of the Foreign Assistance Act of 1961, $50,000,000 which shall be 
derived by transfer from the Department of State, `Migration and 
Refugee Assistance', to remain available until expended: Provided, That 
of such amount not less than $10,000,000 shall be available only for 
the America University of Beirut.''.
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    (b) In addition to amounts otherwise available for such 
purpose, there is authorized to be appropriated to the 
President $50,000,000 to carry out this section. Amounts 
appropriated under this subsection are authorized to remain 
available until expended.
    (c) Assistance under this section shall be furnished in 
accordance with the policies and general authorities contained 
in section 491.
    Sec. 495K.\670\ African Famine Assistance.--
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    \670\ 22 U.S.C. 2292q. Added by sec. 2 of the African Relief and 
Recovery Act of 1985 (Public Law 99-8; 99 Stat. 21).
    The Urgent Supplemental Appropriations, 1985--African Famine Relief 
(Public Law 99-10; 99 Stat. 27), provided the following:
    ``For an additional amount for international disaster assistance, 
$137,500,000 for emergency relief and recovery assistance for Africa, 
to be available only for such purpose and to remain available until 
March 31, 1986 Provided, That the Committee on Appropriations of each 
House of Congress is notified five days in advance of the obligation of 
any funds made available under this paragraph, unless the emergency is 
life threatening and immediate action is necessary.
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``operating expenses
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    ``Of the amount appropriated in this Act for `International 
disaster' assistance, $2,500,000 shall be transferred to `Operating 
expenses of the Agency for International Development' to be used for 
monitoring food and disaster assistance in Africa.''.
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    (a) Authorization of Assistance.--The President is 
authorized to provide assistance for famine relief, 
rehabilitation, and recovery in Africa. Assistance under this 
section shall be provided for humanitarian purposes and shall 
be provided on a grant basis. Such assistance shall include--
          (1) relief, rehabilitation, and recovery projects to 
        benefit the poorest people, including the furnishing of 
        seeds for planting, fertilizer, pesticides, farm 
        implements, farm animals and vaccine and veterinary 
        services to protect livestock upon which people depend, 
        blankets, clothing, and shelter, disease prevention and 
        health care projects, water projects (including water 
        purification and well-drilling), small-scale 
        agricultural projects, and food protection and 
        preservation projects; and
          (2) projects to meet emergency health needs, 
        including vaccinations.
    (b) Uses of Funds.--
          (1) Private and Voluntary Organizations and 
        International Organizations.--Funds authorized to be 
        appropriated by this section shall be used primarily 
        for grants to private and voluntary organizations and 
        international organizations.
          (2) Emergency Health Projects.--A significant portion 
        of the funds authorized to be appropriated by this 
        section shall be used for emergency health projects 
        pursuant to subsection (a)(2).
          (3) Management Support Activities.--Of the amount 
        authorized to be appropriated by this section, 
        $2,500,000 shall be transferred to the ``Operating 
        Expenses of the Agency for International Development'' 
        account. These funds shall be used for management 
        support activities associated with the planning, 
        monitoring, and supervision of emergency food and 
        disaster assistance provided in those countries in 
        Africa described in section 5(a) of the African Famine 
        Relief and Recovery Act of 1985.
    (c) Authorization of Appropriations.--In addition to the 
amounts otherwise available for such purpose, there are 
authorized to be appropriated $137,500,000 for the fiscal year 
1985 for use in providing assistance under this section.
    (d) Policies and Authorities To Be Applied.--Assistance 
under this section shall be furnished in accordance with the 
policies and general authorities contained in section 491.

             Chapter 10--Development Fund for Africa \671\

  Sec. 496.\672\ Long-Term Development Assistance for Sub-
Saharan Africa.--(a) Findings.--The Congress finds that--
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    \671\ Sec. 562(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added chapter 10, secs. 496-497. Previously, chapter 10, 
sec. 496, relating to assistance to Portugal and Portuguese colonies in 
Africa gaining independence, as added by sec. 53 of the Foreign 
Assistance Act of 1974, was repealed by sec. 1211(a)(4) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 279).
    Sec. 562 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2030), 
further stated:
    ``(b) Evaluations.--It is the sense of the Congress that there 
should be periodic evaluations of the progress of the Agency for 
International Development in achieving the purpose specified in section 
496(c) of the Foreign Assistance Act of 1961.
    ``(c) Reports to Congress.--As part of the annual Congressional 
Presentation materials for economic assistance, the Administrator of 
the Agency for International Development shall include a description of 
the progress made during the previous fiscal year in carrying out 
chapter 10 of part I of the Foreign Assistance Act of 1961 in three 
countries in sub-Saharan Africa which represent differing economic 
situations and levels of progress. The description shall include--
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  ``(1) the nature and extent of consultation to ensure local perspectives, 
as described in subsections (e)(1) and (f) of section 496;

  ``(2) the degree of involvement of local people in the implementation of 
projects having a local focus;

  ``(3) the extent to which there has been expansion of the participation 
and integration of African women in each of the critical sectors specified 
in section 496(i);

  ``(4) program assistance provided, including the amounts obligated, the 
criteria used for assisting reforms, and the provisions made pursuant to 
section 496(h)(2)(B) to protect vulnerable groups from possible negative 
consequences of the reforms; and

  ``(5) a description of the assistance for the critical sector priorities 
specified in section 496(i), by sector, including the amounts obligated.''.
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    See related legislation in ``Assistance to Africa,'' in Legislation 
on Foreign Relations Through 2008, vol. I-B.
    \672\ 22 U.S.C. 2293.
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          (1) drought and famine have caused countless deaths 
        and untold suffering among the people of sub-Saharan 
        Africa;
          (2) drought and famine in combination with other 
        factors such as desertification, government neglect of 
        the agricultural sector, and inappropriate economic 
        policies have severely affected long-term development 
        in sub-Saharan Africa; and
          (3) the most cost-effective and efficient way of 
        overcoming Africa's vulnerability to drought and famine 
        is to address Africa's long-term development needs 
        through a process that builds upon the needs and 
        capabilities of the African people, promotes sustained 
        and equitable economic growth, preserves the 
        environment, and protects the rights of the individual.
  (b) Authority To Furnish Assistance.--The President is 
authorized to furnish project and program assistance, on such 
terms and conditions as he may determine in accordance with the 
policies contained in this section, for long-term development 
in sub-Saharan Africa.
  (c) Purpose of Assistance.--
          (1) Purpose.--The purpose of assistance under this 
        section shall be to help the poor majority of men and 
        women in sub-Saharan Africa to participate in a process 
        of long-term development through economic growth that 
        is equitable, participatory, environmentally 
        sustainable, and self-reliant.
          (2) Use of assistance to encourage private sector 
        development.--Assistance under this section should, in 
        a manner consistent with paragraph (1), be used to 
        promote sustained economic growth, encourage private 
        sector development, promote individual initiatives, and 
        help to reduce the role of central governments in areas 
        more appropriate for the private sector.
  (d) Application of Development Assistance General Authorities 
and Policies.--Except to the extent inconsistent with this 
section--
          (1) any reference in any law to chapter 1 of this 
        part (including references to sections 103 through 106) 
        shall be deemed to include a reference to this section; 
        and
          (2) assistance under this section shall be provided 
        consistent with the policies contained in section 102.
  (e) Private and Voluntary Organizations.--
          (1) Consultation to ensure local perspectives.--The 
        Agency for International Development shall take into 
        account the local-level perspectives of the rural and 
        urban poor in sub-Saharan Africa, including women, 
        during the planning process for project and program 
        assistance under this section. In order to gain that 
        perspective the Agency for International Development 
        should consult closely with African, United States, and 
        other private and voluntary organizations that have 
        demonstrated effectiveness in or commitment to the 
        promotion of local, grassroots activities on behalf of 
        long-term development in sub-Saharan Africa as 
        described in subsection (c).
          (2) Definition of private and voluntary 
        organizations.--For purposes of this section, the term 
        ``private and voluntary organization'' includes (in 
        addition to entities traditionally considered to be 
        private and voluntary organizations) cooperatives, 
        credit unions, trade unions, women's groups, nonprofit 
        development research institutions, and indigenous local 
        organizations, which are private and nonprofit.
  (f) Local Involvement in Project Implementation.--Local 
people, including women, shall be closely consulted and 
involved in the implementation of every project under this 
section which as a local focus.
  (g) Participation of African Women.--The Agency for 
International Development shall ensure that development 
activities assisted under this section incorporate a 
significant expansion of the participation (including 
decisionmaking) and integration of African women in each of the 
critical sectors described in subsection (i).
  (h) Types of Assistance.--
          (1) Projects and programs to address critical 
        sectoral priorities.--Assistance under this section 
        shall emphasize primarily projects and programs to 
        address critical sectoral priorities for long-term 
        development described in subsection (i).
          (2) Reform of economic policies.--
                  (A) Use of program assistance.--Assistance 
                under this section may also include program 
                assistance to promote reform of sectoral 
                economic policies affecting long-term 
                development in sub-Saharan Africa as described 
                in subsection (c), with primary emphasis on 
                reform of economic policies to support the 
                critical sectoral priorities described in 
                subsection (i).
                  (B) Protection of vulnerable groups.--
                Assisted policy reforms shall also include 
                provisions to protect vulnerable groups 
                (especially poor, isolated, and female farmers, 
                the urban poor, and children including 
                displaced children) and long-term environmental 
                interests from possible negative consequences 
                of the reforms.
          (3) \673\ Democratization and conflict resolution 
        capabilities.--Assistance under this section may also 
        include program assistance--
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    \673\ Sec. 127(c)(1) of the African Growth and Opportunity Act 
(title I of Public Law 106-200; 114 Stat. 273) redesignated para. (3) 
as para. (4) and added a new para. (3).
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                  (A) to promote democratization, good 
                governance, and strong civil societies in sub-
                Saharan Africa; and
                  (B) to strengthen conflict resolution 
                capabilities of governmental,