COMMITTEE ON FOREIGN RELATIONS COMMITTEE ON FOREIGN AFFAIRS

[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

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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

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

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.''
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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\
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\1\ Sec. 111 of the Foreign Assistance and Related Agencies
Appropriation Act, 1962 (Public Law 87-329; 75 Stat. 719) added the
short title.
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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:
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\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\
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\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).
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(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:
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``sec. 1413. status of aid.
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``(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.
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``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.''.
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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.
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\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.
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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\
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\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).
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(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\
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\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.
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(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.
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\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).
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(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.
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\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).
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(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.--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.''.--------------------------------------------------------------------------------------------------------------------------------------------------------

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--
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\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).
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(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\
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\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.
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(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.
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\15\ Sec. 1304 of Public Law 99-399 (100 Stat. 898) added para.
(3).
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(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.
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\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''.
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(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.
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\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
---------------------------------------------------------------------------

``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
---------------------------------------------------------------------------

``(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.''.
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.''.
---------------------------------------------------------------------------
(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\
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\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).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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).
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(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.
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\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\
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\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).
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(C) \65\ a detailed breakdown of funding
allocations, by program and by country, for
prevention activities; and
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\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:
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\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.
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(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.''.
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(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.''.
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(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).
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\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).
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(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--
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\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).
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(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.
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\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.
---------------------------------------------------------------------------
(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).
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(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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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).
---------------------------------------------------------------------------
(b) \156\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------

``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).
---------------------------------------------------------------------------
(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.--
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------
\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:
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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--
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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''.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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]
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------

Title I--Multilateral and Regional Development Programs \181\
---------------------------------------------------------------------------

\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.''.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

Title II--American Schools and Hospitals Abroad; Prototype Desalting
Plant \189\
---------------------------------------------------------------------------

\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.
---------------------------------------------------------------------------
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:
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``development assistance
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``* * *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:''.
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(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]
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\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.
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\200\ 22 U.S.C. 2179. Sec. 104 of the FA Act of 1969 (Public Law
91-175; 83 Stat. 806) added sec. 219.
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(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.
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\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:
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``development credit authority

``(including transfer of funds)
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``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.
---------------------------------------------------------------------------
\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.
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``(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''.
---------------------------------------------------------------------------
(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--''.
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(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.''.
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(2) To enter into pooling or other risk-sharing agreements
with \313\ multinational insurance or financing agencies or
groups of such agencies.
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\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''.
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(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.--
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\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:
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``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.
---------------------------------------------------------------------------

``(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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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--
---------------------------------------------------------------------------
\341\ 22 U.S.C. 2196. Added by sec. 105 of the FA Act of 1969
(Public Law 91-175).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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).
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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--
---------------------------------------------------------------------------
\352\ Sec. 4(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added subsec. (m).
---------------------------------------------------------------------------
(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).
---------------------------------------------------------------------------
(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).
---------------------------------------------------------------------------
Sec. 238.\355\ Definitions.--As used in this title--
---------------------------------------------------------------------------
\355\ 22 U.S.C. 2198. Added by sec. 105 of the FA Act of 1969
(Public Law 91-175).
---------------------------------------------------------------------------
(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:
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------

Subtitle B--Credit Assistance \403\

SEC. 256.\404\ MICROENTERPRISE DEVELOPMENT CREDITS.

(a) Findings and Policy.--Congress finds and declares
that--
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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''.
---------------------------------------------------------------------------
(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--
---------------------------------------------------------------------------
\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''.
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(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\
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\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)
---------------------------------------------------------------------------

``(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.
---------------------------------------------------------------------------
\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''.
---------------------------------------------------------------------------
(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.--
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\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--
---------------------------------------------------------------------------
\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:
---------------------------------------------------------------------------
\422\ 22 U.S.C. 2214a.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------

``(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;''.
---------------------------------------------------------------------------
(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;''.
---------------------------------------------------------------------------
(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.
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\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).
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(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.
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\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).
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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--
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\458\ 22 U.S.C. 2220b. Added by sec. 312 of Public Law 94-161 (89
Stat. 849).
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(1) \459\ to implement program components through
United States universities as authorized by paragraphs
(2) through (5) of this subsection;
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\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;
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\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;''.
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(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
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\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''.
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(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''.
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(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
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\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''.
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(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
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\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''.
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(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\
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\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--
---------------------------------------------------------------------------
\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;
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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--
---------------------------------------------------------------------------

``(1) participating in the planning, development, and implementation of,

``(2) initiating recommendations for, and

``(3) monitoring of,
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
\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,
---------------------------------------------------------------------------
\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;
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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;
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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)''.
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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).
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(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.
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\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--
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\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.
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\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.
---------------------------------------------------------------------------
Sec. 304.\530\ United Nations Peacekeeping. * * *
[Repealed--1978]
---------------------------------------------------------------------------
\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
---------------------------------------------------------------------------

* * * * * * *

``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.--
---------------------------------------------------------------------------

``(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]
---------------------------------------------------------------------------
\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--
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\553\ 22 U.S.C. 2272.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\557\ 22 U.S.C. 2275.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\558\ 22 U.S.C. 2276.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------

``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).
---------------------------------------------------------------------------
(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
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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''.
---------------------------------------------------------------------------
(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''.
---------------------------------------------------------------------------
(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''.
---------------------------------------------------------------------------
(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''.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\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''.
---------------------------------------------------------------------------
(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.--
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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.--
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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''.
---------------------------------------------------------------------------
(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).
---------------------------------------------------------------------------
(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''.
---------------------------------------------------------------------------
(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.''.
---------------------------------------------------------------------------
(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).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.--
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\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.
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\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.
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\596\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added
paras. (2) and (3).
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(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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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--

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

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\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
---------------------------------------------------------------------------

``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.
---------------------------------------------------------------------------
\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 su