CHAPTER 32 —FOREIGN ASSISTANCE
SUBCHAPTER I—INTERNATIONAL DEVELOPMENT
Part I—Declaration of Policy; Development Assistance Authorizations
(a)
United States development cooperation policy.
(b)
Coordination of development-related activities.
(a)
Principal purpose of bilateral development assistance.
(b)
Form of assistance; principles governing assistance.
(c)
Worldwide cooperative effort to overcome aspects of absolute poverty.
(a)
Authorization to President to furnish assistance; appropriations.
(b)
Use of assistance primarily in aid of rural poor; multilateral infrastructure projects; forestry projects.
(c)
Increased agricultural production in least developed countries.
(d)
Coordination with population planning and health programs.
(e)
Use of local currency proceeds from sales of commodities.
(f)
National food security policies and programs; bilateral and multilateral assistance.
(g)
International Fund for Agricultural Development; participation and contributions; availability of appropriations.
(a)
Congressional declaration of policy.
(b)
Assistance for voluntary population planning.
(c)
Assistance for health programs; special health needs of children and mothers; Child Survival Fund; promotion of immunization and oral rehydration.
(d)
Administration of assistance.
(e)
Research and analysis.
(f)
Prohibition on use of funds for performance or research respecting abortions or involuntary sterilization.
(g)
Authorization of appropriations.
(a)
General authority.
(b)
Scope of assistance programs.
(a)
Congressional statement of findings.
(b)
General assistance authority; cooperative programs in energy production and conservation; program goals.
(c)
Administrative coordination of planning and implementation of programs.
(d)
Assistance for programs of technical cooperation and development, research, etc.
(e)
Authorization of appropriations.
(f)
Financing cooperative projects among United States, Israel, and developing countries.
(a)
Establishment.
(b)
Funding.
(c)
Authorized uses; determination of small business enterprise; maximum amounts available; interest rate.
(d)
Remittance of excess assets.
(e)
Fee for carrying out activities.
(f)
Transfer of unobligated funds upon termination.
(g)
Inclusion of proposed projects in annual congressional presentation documents.
(h)
Annual report to Congress.
(i)
Loan guarantees.
(a)
Particular programs, projects, and activities.
(b)
Assistance to encourage participation and integration of women; prohibition against separate assistance program for women.
(c)
Funds for United Nations Decade for Women.
(a)
Violations barring assistance; assistance for needy people.
(b)
Information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance.
(b)
Protection of children from exploitation.
(c)
Factors considered.
(d)
Report to Speaker of House and Committee on Foreign Relations of the Senate.
(e)
Promotion of civil and political rights.
(f)
Country reports on human rights practices.
(a)
Congressional statement of findings.
(b)
Assistance authority and emphasis.
(c)
Implementation considerations applicable to programs and projects.
(a)
Importance of forests and tree cover.
(b)
Priorities.
(c)
Assistance to developing countries.
(d)
PVOs and other nongovernmental organizations.
(e)
Country analysis requirements.
(f)
Annual report.
(a)
Congressional findings and purposes.
(b)
Remedial measures.
(c)
Funding level.
(d)
Country analysis requirements.
(e)
Local involvement.
(f)
PVOs and other nongovernmental organizations.
(g)
Actions by AID.
(h)
Annual reports.
(a)
Congressional support.
(b)
Presidential authorization.
(c)
Presidential guidelines.
(a)
Authority of President to furnish assistance.
(b)
Authority of President to make loans; terms and conditions.
(c)
Dollar receipts from loans to be paid into Treasury.
(d)
Assistance to research and educational institutions in United States; limitation on amounts.
(e)
Development Loan Committee; establishment; duties; appointment of officers.
(a)
In general.
(b)
Participation of other agencies.
(a)
Congressional finding of importance of participation by private and voluntary organizations.
(b)
Payment of transportation charges on shipments by American National Red Cross and United States voluntary agencies.
(c)
Reimbursement for transportation charges.
(d)
Arrangements with receiving country for free entry of shipments and for availability of local currency to defray transportation costs.
(e)
Continuation of support for programs in countries antedating prohibitions on assistance; national interest considerations; report to Congress.
(f)
Funds for private and voluntary organizations.
(g)
Repealed.
(h)
Promotion of democratic cooperatives.
(a)
Characterization of least developed countries.
(b)
Assistance on grant basis.
(c)
Waiver of principal and interest on prior liability.
(d)
Waiver of requirement of contribution.
(e)
Waiver of time limitations on aid.
(a)
Congressional statement of findings.
(b)
Program planning priorities; resource utilization.
(c)
Administrative requirements.
(a)
Waiver of restrictions.
(b)
Effective date.
(a)
Waiver of certain restrictions.
(b)
Description of restrictions waived.
(c)
"Economic assistance" defined.
(a)
Determination of target populations and strengthening United States assistance.
(b)
Ultimate beneficiaries of activities.
(a)
Establishment of program.
(b)
Conduct of program.
(c)
Administrative requirements.
(d)
Administrative authorities.
(e)
Issuance of regulations.
(f)
Rule of construction.
(g)
Termination of assistance.
(h)
Report.
(i)
Definitions.
(j)
Authorization of appropriations.
(a)
In general.
(b)
Eligibility for grants.
(c)
Use of funds.
Part II—Other Programs
subpart i—multilateral and regional development programs
(a)
Multilateral programs.
(b)
Regional programs.
(c)
Federal funds to multilateral lending institutions and multilateral organizations for loans to foreign countries; increase.
(d)
Transfer of funds; use of international or multilateral lending organizations.
subpart ii—american schools and hospitals abroad; prototype desalting plants
(a)
Assistance for schools and libraries.
(b)
Assistance for hospital centers.
(c)
Authorization of appropriations.
(d)
Pediatric plastic and reconstructive surgery centers.
(a)
Assistance in development.
(b)
Terms and conditions.
(c)
Contracts.
(d)
Patents.
(e)
Federal agencies.
(f)
Authorization of appropriations.
(g)
Restrictions on appropriations.
subpart iii—shelter and other credit guaranty programs
(a)
Authorization to issue guarantees to eligible investors.
(b)
Emphasis on certain activities.
(c)
Use of solar energy technology.
(k)
Minimum annual program levels.
(a)
Financing pilot programs; scope.
(b)
Guaranties; percentage limitation.
(c)
Total and individual amount of guaranties.
(d)
Inter-American Foundation consultations.
(e)
Guaranty reserve.
(f)
Administrative and operating expenses; funds.
(g)
Transfer of Overseas Private Investment Corporation's obligations and assets.
(h)
Termination of authority.
(i)
Excess foreign currencies; use.
(a)
Fees; determination by President; reduction.
(b)
Accumulated and existing fees; expenditure of fees; revolving fund account; investments; use of investment income.
(c)
Priorities of funds for guaranty payments.
(d)
Guaranties as obligations backed by full faith and credit of United States.
(e)
Authorization of appropriations; borrowing authority.
(f)
Agency determination of maximum rate of interest.
(g)
Guaranties under prior acts.
(h)
Fraud or misrepresentation.
(i)
Repealed.
(j)
Guaranties for housing projects; percentage requirement for families with income below median income.
(a)
Guarantees to Export-Import Bank; financial transactions with private sector in Central American countries.
(b)
Extent of guarantees; agreements; reserve fund.
(c)
Deadline for guarantee commitments.
(d)
Availability of appropriated funds.
(e)
Guarantee commitments limit.
(f)
Credits to reserve fund.
(g)
Reports to Congress.
(h)
Administrative and technical assistance.
(a)
General authority.
(b)
Guarantees available only for short-term guarantees and insurance.
(c)
Agreement on criteria and procedures.
(d)
Reserve fund.
(e)
Discharge of liabilities.
(f)
Appropriations action required.
(g)
Limitation on outstanding commitments.
(h)
Biannual reports to Congress.
(i)
Administrative and technical assistance.
(j)
Fees and premiums.
(k)
Restrictions not applicable.
(l)
Expiration of authority.
(m)
Definitions.
(a)
In general.
(b)
Fiscal year levels.
(c)
Use of guarantees.
(d)
Limitation on guarantee amount.
(e)
Fees.
(f)
Authority to suspend.
(g)
Procedures for suspension or termination.
(h)
Economic context.
(i)
Consultations.
(j)
Goods and services.
(k)
Reports.
(l)
Applicability of certain sections.
(m)
Terms and conditions.
subpart iv—overseas private investment corporation
(a)
Worker rights.
(b)
Environmental impact.
(c)
Public hearings.
(a)
Structure.
(b)
Board of directors.
(c)
President.
(d)
Officers and staff.
(a)
Investment insurance.
(b)
Investment guaranties.
(c)
Direct investment.
(d)
Investment encouragement.
(e)
Special projects and programs.
(f)
Additional insurance functions.
(g)
Pilot equity finance program.
(a)
Cooperative programs.
(b)
Advisory group.
(a)
Issuing authority.
(b)
Repealed.
(c)
Insurance Reserve; Guaranty Reserve.
(d)
Priority of funds used to discharge liabilities.
(e)
Reserves from predecessor guaranty authority.
(f)
Authorization of appropriations; issuance, etc., of obligations by Corporation for purchase by Secretary of the Treasury.
(a)
Scope.
(b)
Protection of interest.
(c)
Guaranties as obligations backed by full faith and credit of United States.
(d)
Fees.
(e)
Maximum term of obligation.
(f)
Limitations on amounts.
(g)
Fraud or misrepresentation.
(h)
Limits of obligation.
(i)
Claims settlement.
(j)
Presumption of compliance.
(k)
Balance of payments.
(l)
Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support.
(m)
Notification of countries of environmental restrictions on certain activities.
(n)
Penalties for fraud.
(o)
Use of local currencies.
(a)
Place of residence.
(b)
Transfer of prior obligations, etc.; administration prior to transfer.
(c)
Audits of the Corporation.
(d)
Powers of Corporation.
(e)
Reviews, investigations, and inspections by Inspector General of Agency for International Development.
(f)
Programs for Yugoslavia, Poland, Hungary, Romania, the People's Republic of China, or Pakistan; national interest.
(g)
Environmental impact assessments.
(h)
Preparation, maintenance, and contents of development impact profile for investment projects; development of criteria for evaluating projects.
(i)
Observance of and respect for human rights and fundamental freedoms as considerations for conduct of assistance programs, etc.; provisions applicable for determinations; exceptions.
(j)
Exemption from taxation.
(k)
Publication of policy guidelines.
(a)
Annual report.
(b)
Effect of all projects on employment in United States to be included in annual report.
(c)
Repealed.
(d)
Maintenance of records.
(e)
Assessment of cooperative political risk insurance program.
(f)
Information not required to be made available to public excluded from reports.
(a)
Requirement for certification.
(b)
Reports by United States Trade Representative.
(c)
Definitions.
subpart v—disadvantaged children in asia
(a)
Congressional findings.
(b)
Authority of President.
subpart vi—alliance for progress
subpart vii—evaluation of programs
subpart viii—southeast asia multilateral and regional programs
subpart ix—utilization of democratic institutions in development
(a)
Popular participation through encouragement of democratic institutions.
(b)
Human and intellectual resources; self-government through civic education and training in requisite skills.
(c)
Political, social, and related obstacles to development; democratic social and political trends.
(d)
Implementation of objectives through application of experience gained from program evaluation.
(e)
Inservice training programs.
subpart x—programs relating to population growth and family planning
subpart xi—food production targets and reports
subpart xii—famine prevention and freedom from hunger
(a)
Congressional objectives and findings.
(b)
Congressional objectives and declaration for collation of components to increase world food production.
(c)
University involvement, participation, and cooperation.
(d)
Universities.
(e)
Administrator.
(a)
Programs and activities affecting universities, agriculturally developing countries, and research.
(b)
Programs and activities respecting university capabilities, benefiting domestic and nondomestic agriculture, and based on existing programs and institutions.
(c)
Activity objectives.
(d)
Function of Administrator.
(a)
Establishment; terms and expenses of members.
(b)
General areas of responsibility.
(c)
Specific, but not exclusive, duties.
(d)
Subordinate units; creation of Joint Research Committee, Joint Committee on Country Programs, and other units.
(e)
Consultations in preparation of annual report and on agricultural development activities.
(a)
Funds available under
(b)
Foreign currencies.
(c)
Other authorizations.
(d)
Disclosure of funds to Administrator; annual report.
Part III—International Organizations and Programs
(a)
Voluntary contributions; grants and loans in case of the Indus Basin Development Fund.
(b)
Repealed.
(c)
Palestine refugees; considerations and conditions for furnishing assistance.
(d)
Audit of funds; report to Congress and the President.
(e)
Evaluation of United Nations and its affiliated organizations; International Bank for Reconstruction and Development; Asian Development Bank.
(f)
International Fertilizer Development Center; United States participation and assistance.
(g)
Transfer of funding of technological assistance programs to United Nations Development Program.
(h)
International Food Policy Research Institute; availability of funds, etc.
(a)
Grants.
(b)
Indus Basin Development.
(c)
Prohibition against contributions for volunteer manpower programs.
(d)
to (h) Repealed.
(i)
International Atomic Energy Agency; safeguards and inspections of nuclear fissile facilities and materials.
(j)
Authorization of appropriations for multilateral and regional drug abuse control programs.
(a)
Covered programs.
(b)
Review and report by Secretary of State.
(c)
Exceptions.
Part IV—Supporting Assistance
Part V—Contingencies
(a)
Emergency assistance; reports to Speaker of House and committees of Senate.
(b)
Repealed.
(c)
Prohibition against payment of gifts to foreign officials.
Part VI—Central America Democracy, Peace, and Development Initiative.
(a)
Congressional findings.
(b)
Policy requirements.
(c)
Additional Congressional findings.
(a)
Congressional findings.
(b)
Sense of Congress; Central American Development Organization; establishment, etc.
(c)
Participation of President in Organization.
(d)
Preparation and transmission of proposal for implementation of provisions.
(a)
Fiscal years 1988 and 1989.
(b)
Transfer of funds.
Part VII—Debt-for-Nature Exchanges
(a)
Fulfillment upon final approval by Administrator.
(b)
Grants intended to complement assistance otherwise available.
(c)
Prohibition against acceptance of title or interest in land as condition on debt exchange.
(a)
List of areas of severely degraded national resources or of biological or ecological importance.
(b)
Assessment of list; agreement for future use of areas.
(c)
Grants for purchase of discounted commercial debt on open market; retention of interest by grantee.
Part VIII—International Narcotics Control
(a)
Policy and general authorities.
(b)
Coordination of all United States antinarcotics assistance to foreign countries.
(c)
Participation in foreign police actions.
(d)
Use of herbicides for aerial eradication.
(e)
Definitions.
(a)
Employees and agents of foreign countries.
(b)
Employees and agents of United States.
(c)
Definitions.
(a)
In general.
(b)
Additional requirement.
(c)
Notification requirement.
(d)
Sense of Congress.
(a)
Fiscal year authorization; availability of funds.
(b)
Procurement of weapons and ammunition.
(c)
Contributions and reimbursement.
(d)
Administrative assistance.
(e)
Advance notification of transfer of seized assets.
(f)
Treatment of funds.
(g)
Excess property.
(a)
Retention of title to aircraft.
(b)
Permissible uses of aircraft and other equipment.
(c)
Reports.
(a)
Requirement to maintain records.
(b)
Congressional access to records.
(a)
Prohibition.
(b)
Regulations.
(c)
Congressional review of regulations.
(a)
Acquisition of real property.
(b)
Construction of facilities.
(a)
International narcotics control strategy report.
(b)
Annual reports on assistance.
(a)
Withholding of bilateral assistance and opposition to multilateral development assistance.
(b)
Certification procedures.
(c)
Licit opium producing countries.
(d)
Congressional review.
(e)
Denial of assistance for countries decertified.
(f)
Recertification.
(g)
Senate procedures.
(h)
Determining major drug-transit and major illicit drug producing countries.
Part IX—International Disaster Assistance
(a)
Congressional policy.
(b)
General authority.
(c)
Specific direction.
(a)
Fiscal year authorization.
(b)
Subsequent appropriations for reimbursement of additional fiscal year obligations charged against appropriation account.
(a)
General authority.
(b)
Authorization of appropriations.
(c)
Section 2292 policy and general authority applicable.
(d)
Obligations charged to appropriations.
(a)
Authorization of assistance.
(b)
Authorization of appropriations.
(c)
Policies and general authority.
(d)
Obligations charged against appropriations.
(e)
Repealed.
(f)
Human rights.
(a)
Congressional policy; general authority.
(b)
Authorization of appropriations.
(c)
Provisions of
(a)
Congressional recognition and statement of purpose; authority of President; scope of assistance.
(b)
Assistance through international agencies and private voluntary organizations.
(c)
Assistance procedures; monitoring of deliveries.
(d)
Authorization of appropriations; charges for obligations incurred under other appropriations or accounts; authority for transfer of funds; agricultural commodity assistance priorities.
(e)
Section 2292 policies and general authorities applicable.
(a)
Nature and scope of assistance.
(b)
Authorization of appropriations.
(c)
Applicable policies and authorities.
(a)
Congressional policy and authorization.
(b)
Authorization of appropriations.
(c)
Policies and general authority.
(a)
Authorization of assistance.
(b)
Uses of funds.
(c)
Authorization of appropriations.
(d)
Policies and authorities to be applied.
Part X—Development Fund for Africa
(a)
Findings.
(b)
Authority to furnish assistance.
(c)
Purpose of assistance.
(d)
Application of development assistance general authorities and policies.
(e)
Private and voluntary organizations.
(f)
Local involvement in project implementation.
(g)
Participation of African women.
(h)
Types of assistance.
(i)
Critical sectoral priorities.
(j)
Minimum levels of assistance for certain critical sectors.
(k)
Effective use of assistance.
(l)
Promotion of regional integration.
(m)
Donor coordination mechanism.
(n)
Relation to other authorities.
(o)
Support for SADCC projects.
Part XI—Support for Economic and Democratic Development of the Independent States of the Former Soviet Union
(a)
In general.
(b)
Ineligibility for assistance.
(c)
Exceptions to ineligibility.
(d)
Reduction in assistance for support of intelligence facilities in Cuba.
(a)
Assistance through governments and nongovernmental organizations.
(b)
Technical and managerial assistance.
(c)
Enterprise funds.
(d)
Cooperative development and research projects.
(e)
Administration of justice programs.
(f)
Use of economic support funds.
(g)
Use of SEED agency funds and administrative authorities.
(h)
Procurement restrictions.
(i)
Terms and conditions.
(j)
Waiver of certain provisions.
(k)
Definitions.
(a)
In general.
(b)
Operating expenses.
Part XII—Support for the Economic and Political Independence of the Countries of the South Caucasus and Central Asia
(a)
Purpose of assistance.
(b)
Authorization for assistance.
(c)
Activities supported.
(a)
Purpose of assistance.
(b)
Authorization for assistance.
(c)
Activities supported.
(a)
Purpose of programs.
(b)
Authorization for programs.
(c)
Activities supported.
(a)
Purpose of assistance.
(b)
Authorization for assistance.
(c)
Activities supported.
(a)
Purpose of assistance.
(b)
Authorization for assistance.
(c)
Activities supported.
(a)
Assistance through governments and nongovernmental organizations.
(b)
Use of economic support funds.
(c)
Terms and conditions.
(d)
Available authorities.
SUBCHAPTER II—MILITARY ASSISTANCE AND SALES
Part I—Declaration of Policy
(a)
Observance of human rights as principal goal of foreign policy; implementation requirements.
(b)
Report by Secretary of State on practices of proposed recipient countries; considerations.
(c)
Congressional request for information; information required; 30-day period; failure to supply information; termination or restriction of assistance.
(d)
Definitions.
(e)
Removal of prohibition on assistance.
(f)
Allocations concerned with performance record of recipient countries without contravention of other provisions.
(g)
Report to Congress on use of certain authorities relating to human rights conditions.
Part II—Military Assistance
(a)
Defense articles and services; noncombatant personnel; transfer of funds.
(b)
Terms and conditions.
(c)
Appropriation charges; exceptions.
(a)
Authorization and availability of amounts.
(b)
Programing and budgeting procedures.
(a)
Conditions of eligibility.
(b)
Limitation on amount; exceptions.
(c)
Reduction and termination of grants to countries able to maintain adequate military forces without undue economic strain.
(d)
Termination of assistance; report of violation by President; conditions for reinstatement.
(e)
Consent by President to transfer.
(f)
Disposition of defense articles furnished on a grant basis; net proceeds to be paid over to the United States.
(g)
Discrimination on basis of race, religion, national origin, or sex prohibited.
(a)
Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished.
(b)
Notification and information to Congress of assistance furnished.
(c)
Commercial transportation and related services.
(d)
Authorization of appropriations for reimbursement of applicable funds.
(a)
to (c) Repealed.
(d)
Reports to Congress.
(a)
Transfer of defense articles.
(b)
Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries.
(c)
Location of stockpiles of defense articles.
(d)
Transferred articles not to be considered excess articles in determining value.
(a)
Assignment of military personnel for performance of enumerated functions.
(b)
Furnishing of advisory and training assistance.
(c)
Number of personnel assigned; waiver; procedures applicable.
(d)
Costs.
(e)
Direction and supervision of assigned personnel.
(f)
Presidential directive respecting purchase by foreign country of United States-made military equipment.
(a)
Authorization.
(b)
Limitations on transfers.
(c)
Terms of transfers.
(d)
Waiver of requirement for reimbursement of Department of Defense expenses.
(e)
Transportation and related costs.
(f)
Advance notification to Congress for transfer of certain excess defense articles.
(g)
Aggregate annual limitation.
(h)
Congressional presentation documents.
(i)
Excess Coast Guard property.
(a)
Notice to Congress.
(b)
Initial designations.
Part III—Foreign Military Sales
(a)
Separate fund account; transfers to such account.
(b)
Termination of account; special account for discharge of Federal liabilities and obligations; general fund for excess moneys.
Part IV—Economic Support Fund
(a)
Policy requirements for assistance.
(b)
Responsibility for policy decisions and justifications.
(c)
Detailed justification for uses and purposes of funds.
(d)
Repealed.
(e)
Availability of funds.
(a)
Recipients and purposes of funds.
(b)
Availability of amounts.
(a)
Authorization of assistance; purposes.
(b)
Scope of assistance.
(c)
Availability of funds.
(d)
Obligation of funds.
(e)
Participation of Defense personnel in training prohibited; availability of funds; expiration of authority.
Part V—International Military Education and Training
(a)
In general.
(b)
High-income foreign countries described.
Part VI—Peacekeeping Operations
(a)
Fiscal years 1986 and 1987.
(b)
Availability of funds.
(c)
Emergency transfer of funds.
(d)
Reimbursement of applicable appropriation, fund, or account.
(a)
United States costs.
(b)
United Nations member costs.
Part VII—Air Base Construction in Israel
(a)
Authorization of appropriation.
(b)
Presidential authority to incur obligations and enter into contracts.
(c)
Crediting of funds to proper appropriation account.
(a)
Efficient and timely completion of authorized construction.
(b)
Use of funds to pay for personal services abroad.
Part VIII—Antiterrorism Assistance
(a)
Services and commodities furnished by agency of United States Government; advance payment.
(b)
Consultation in development and implementation of assistance.
(c)
Arms and ammunition; value of equipment and commodities.
(d)
Information exchange activities.
(a)
Responsibility.
(b)
Reports.
(c)
Rule of construction.
(a)
Prohibition on imports.
(b)
Prohibition on exports.
(c)
"United States" defined.
(a)
Authority.
(b)
Consultation.
(c)
Reports.
(d)
"United States" defined.
(a)
Omitted.
(b)
Assistance to foreign countries to procure explosives detection devices and other counterterrorism technology.
(c)
Assistance to foreign countries.
SUBCHAPTER III—GENERAL AND ADMINISTRATIVE PROVISIONS
Part I—General Provisions
(a)
Policy of United States.
(b)
Action by President to facilitate participation to maximum extent.
(c)
International Private Investment Advisory Council on Foreign Aid; establishment; composition; selection of members by Administrator; duration of service; Chairman; duties of Council; compensation; travel and other expenses; funds for payment of expenses of Council.
(d)
Engineering and professional services of United States firms.
(e)
Contracts on basis of competitive selection procedures.
(a)
Assistance for participation in furnishing of commodities, defense articles, and services.
(b)
Office of Small Business.
(c)
Information with respect to certain purchases by Department of Defense.
(a)
Limitations on procurement outside United States.
(b)
Purchases in bulk.
(c)
Agricultural commodities or products thereof available for disposition under Agricultural Trade Development and Assistance Act of 1954.
(d)
Marine insurance.
(e)
Parity for domestic commodities prior to use of funds outside United States.
(f)
Commodity eligibility.
(g)
Construction or engineering services; applicability to advanced developing country.
(a)
Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer.
(b)
Commodities transferred as repayment of assistance.
(c)
Funds realized as result of illegal transactions.
(d)
Funds realized from sale, transfer, or disposal of returned defense articles.
(a)
Practice of invention or disclosure of information; suits against United States for reasonable compensation; jurisdiction; limitation of action; defenses.
(b)
Settlement of claims.
(c)
Drug products manufactured outside the United States.
(a)
Advance-of-funds or reimbursement basis.
(b)
Agency contracts with individuals to perform services.
(c)
Excess property.
(d)
Transfer of Government-owned excess property to enhance environmental protection in foreign countries.
(a)
Advance acquisition of property; special account for payment of costs; limitation; use of property.
(b)
Transfer of domestic excess property.
(a)
Necessity of transfer; limitations.
(b)
Augmentation of other appropriations.
(c)
Military and development assistance purposes.
(a)
Restriction on agreements or grants.
(b)
Plans for water or related land resource construction projects; computation of benefits and costs.
(c)
Contracts for construction outside United States; competitive basis.
(d)
Engineering, financial, and other plans.
(e)
Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations.
(a)
Currencies received in payment for non-military assistance; foreign obligations.
(b)
United States operations abroad; excess foreign currencies.
(c)
Voluntary family planning programs; limitation.
(d)
Reciprocal release of dollar value equivalents.
(a)
Responsibility of Secretary of the Treasury; regulations.
(b)
Establishment of exchange rates.
(c)
Repealed.
(d)
Interest income on foreign currency proceeds; regulations; waiver; report to Congress.
(a)
Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts.
(b)
United States obligations in West Germany.
(c)
Certification by President of inadvisability to specify nature of use of funds; reports to Congress.
(a)
Cuba; embargo on all trade.
(b)
Repealed.
(c)
Indebtedness of foreign country to United States citizen or person.
(d)
Productive enterprises competing with United States enterprise; conditions on assistance; import controls; waiver of restriction by President.
(e)
Nationalization, expropriation or seizure of property of United States citizens, or taxation or other exaction having same effect; failure to compensate or to provide relief from taxes, exactions, or conditions; report on full value of property by Foreign Claims Settlement Commission; act of state doctrine.
(f)
Prohibition against assistance to Communist countries; conditions for waiver of restriction by President; enumeration of Communist countries; removal from application of provisions; preconditions.
(g)
Use of assistance funds to compensate owners for expropriated or nationalized property; waiver for land reform programs.
(h)
Regulations and procedures to insure aid is not used contrary to the best interests of the United States.
(i)
Repealed.
(j)
Damage or destruction by mob action of United States property; termination of assistance.
(k)
Maximum amount of assistance, including military assistance to individual countries without approval of or presentation to Congress.
(l)
Institution of investment guaranty program.
(m),
(n) Repealed.
(o)
Exclusion from assistance of countries seizing or imposing penalties or sanctions against United States fishing vessels.
(p)
Repealed.
(q)
Defaults in principal or interest payments on loans; meeting obligations under loans; notice to Congressional committees.
(r)
Liability for repayment of principal or interest on loans outstanding after September 19, 1966.
(s)
Restraint of arms races and proliferation of sophisticated weapons.
(t)
Diplomatic relations; severance, resumption, and negotiation of agreements.
(u)
Status of country with respect to obligations to the United Nations; report to Congress.
(v)
to (x) Repealed or Omitted.
(y)
Limitation on assistance to countries aiding Cuba nuclear development.
(a)
Prohibition.
(b)
Other actions.
(c)
Period for settlement of claims.
(d)
Excepted countries and territories.
(e)
Resumption of assistance.
(f)
Reporting requirement.
(g)
Waiver.
(h)
"United States person" defined.
(a)
Prohibition.
(b)
Publication of determinations.
(c)
Rescission.
(d)
Waiver.
(a)
Congressional declaration and statement of findings.
(b)
Governing principles.
(c)
Review of policy; report to Congress.
(d)
Certification by President to Congress of assistance to Greece and Turkey.
(e)
Arms sales agreements to prohibit transfer to Cyprus.
(a)
Prohibition; conditions for resumption of assistance.
(b)
Substantially changed circumstances.
(a)
Congressional policy, findings, and goals.
(b)
Reaffirmation of 1959 bilateral agreement.
(c)
Availability; defensive aspects of assistance.
(d)
Waiver of limitations respecting nuclear transfers.
(e)
Nuclear non-proliferation conditions on military assistance; exception.
(f)
Storage costs.
(g)
Inapplicability of restrictions to previously owned items.
(h)
Ballistic missile sanctions not affected.
(a)
Findings.
(b)
Policy.
(c)
Report on progress toward regional non-proliferation.
(a)
Withholding of assistance.
(b)
Waiver.
(a)
Prohibition.
(b)
Waiver.
(a)
In general.
(b)
Exception.
(c)
Notice.
(a)
Prohibition.
(b)
Exception.
Part II—Administrative Provisions
(a)
Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise.
(b)
Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review.
(a)
Declaration of beliefs.
(b)
Management system; establishment; scope.
(a)
Powers or functions of Secretary of State.
(b)
Coordination among representatives of United States.
(c)
Responsibility for supervision and general direction of assistance programs.
(a)
Appointment.
(b)
Rate of compensation; title of officers; order of succession.
(c)
Appointment of certain statutory officers to comparable positions.
(d)
Repealed.
(e)
Coordinator for security assistance.
(a)
Authorization.
(b)
Appointments excepted from civil-service laws; supergrade positions; reinstatement.
(c)
Additional supergrade positions.
(d)
Employment or assignment of officers and employees to perform functions outside United States.
(e)
Repealed.
(f)
Funds for personnel services.
(g)
Repealed.
(h)
Acceptance of compensation or other benefits from foreign countries; arrangements for reimbursement.
(i)
Assignment based on competency.
(a)
Establishment by regulations.
(b)
Effective date of regulations.
(c)
Force and effect of regulations.
(a)
Employment; compensation; renewal of contracts of employment.
(b)
Exemption from certain Federal laws.
(c)
Employment without compensation of persons of outstanding experience and ability.
(a)
Allowances, privileges, rights, seniority, and other benefits.
(b)
Representation allowances.
(a)
Authorization.
(b)
Appointment of mission chief and deputy; compensation.
(c)
Appointment of Chairman of Development Assistance Committee; compensation.
(d)
Administration of assistance.
(a)
Allocation and transfer of funds.
(b)
Utilization of services and facilities of other agencies.
(c)
Reimbursement for commodities, services, and facilities.
(d)
Reimbursement for military assistance.
(e)
Establishment of accounts.
(f)
Credits made by Export-Import Bank of the United States.
(g)
Charge of expenses to appropriation or account.
(a)
Contracts and expenditure of funds.
(b)
Neutrality laws.
(c)
Assignment of personnel.
(a)
Annual report to Congress on programs having impact on developing countries; contents.
(b)
"Foreign assistance" and "provided by the United States Government" defined.
(a)
Covered programs; content of notifications.
(b)
Exceptions.
(c)
Funds in the International Affairs Budget Function; reprogramming.
(a)
Manner of furnishing assistance; emphasis on loans.
(b)
Authority of the President.
(c)
Utilization of services and facilities of voluntary, nonprofit organizations.
(d)
Acceptance of gifts, devises, bequests, grants, etc.
(e)
Health and accident insurance for foreign participants and foreign employees.
(f)
Admission of alien participants.
(g)
Powers and authorities of the President with respect to loans.
(h)
Term of contracts and agreements.
(i)
Settlement and arbitration of claims arising under investment guaranty operations.
(j)
Financial transactions with foreign governments; exemption.
(k)
Cost-type contracts with educational institutions; payment of reimbursable indirect costs.
(a)
General expenditures.
(b)
Compensation, allowances, and travel of personnel; printing and binding; expenditures outside United States.
(c)
Construction of living quarters, office space, and supporting facilities.
(d)
Education of dependents.
(e)
Training costs.
(f)
Assistance in carrying out functions under certain laws.
(g)
Administrative, extraordinary, and operating expenses; reimbursement of military officers; training of foreign military personnel.
(h)
Recipient countries to contribute local currencies; utilization of foreign currencies owned by United States.
(i)
Financing motor vehicle transactions; waiver of domestic manufacturing restriction.
(a)
Penalties; costs.
(b)
Recovery of penalties; procedure; finality of withholding of funds; recovery of withheld funds; limitation period.
(c)
"Person" defined.
(a)
Development Coordination Committee established.
(b)
Procedures to assure coordination.
(c)
Guidance of Secretary of State.
(d)
Repealed.
(e)
Temporary assignment of employees.
(f)
Studies.
Part III—Miscellaneous Provisions
(a)
Determinations, authorizations, regulations, orders, contracts, agreements, etc., under prior law.
(b)
Compliance with similar provisions of prior law as compliance with this chapter.
(c)
Continued availability of funds appropriated pursuant to prior law.
(a)
Restrictions on appropriations in absence of or in excess of prior authorizations.
(b)
Exception.
(c)
Specific repeal or modification of section.
(a)
Notification by President to foreign country.
(b)
Application of provisions to continuing appropriations; waiver of provisions.
(a)
Report to Congress.
(b)
Action prohibition prior to execution of report.
(c)
Publication in Federal Register.
(d)
Information accessible to Congress prior to transmission of report.
(a)
In general.
(b)
Information on voting practices in United Nations.
(c)
Format.
(d)
Statement by Secretary of State.
(a)
Report required.
(b)
Information relating to military assistance and military exports.
(c)
Information relating to military imports.
(d)
Availability on Internet.
(a)
Annual report.
(b)
Contents.
(c)
Form.
(d)
Availability on Internet.
(e)
Definition.
(a)
Effective date of prohibition.
(b)
Exception; qualification.
(c)
Country with longstanding democratic tradition, etc.
(d)
Assistance to Honduras or El Salvador.
(a)
Purpose.
(b)
Authority to provide assistance.
(c)
Director and personnel.
(d)
Annual report.
(e)
Audits.
(f)
Funding.
(a)
Establishment of office.
(b)
Purposes of office.
(c)
Activities of AID.
(a)
Purposes.
(b)
Activities of AID.
(a)
Funding level.
(b)
Development assistance capital projects.
(a)
Agreement for necessary or strategic raw material; definition.
(b)
Allocation of raw materials to Federal agencies.
(c)
Deposits in United States Treasury of funds from disposal of materials.
(a)
Assignment of personnel on basis of ability and experience.
(b)
Prohibition on use of funds in country practicing discrimination.
(c)
Rules and regulations.
(a)
Authorization of appropriations.
(b)
Continuing availability of funds.
(a)
Transfer authority of President of defense articles and services located in Korea; applicable terms and conditions; reimbursement.
(b)
Additional transfer authority of President of defense articles located outside of Korea; prerequisites for determinations respecting transfers; report by President to Congress of determinations.
(c)
Report by President to Congress of types, etc., of transferred defense articles.
(d)
Repealed.
(e)
Congressional policy respecting further troop withdrawals.
(a)
Policy.
(b)
Prohibition.
(c)
Waiver.
SUBCHAPTER III–A—ENTERPRISE FOR THE AMERICAS INITIATIVE
(a)
Requirements.
(b)
Eligibility determinations.
(a)
Authority to reduce debt.
(b)
Implementation of debt reduction.
(a)
Currency of payment.
(b)
Deposit of payments.
(a)
Rate of interest.
(b)
Currency of payment; deposits.
(c)
Interest already paid.
(a)
Establishment.
(b)
Deposits.
(c)
Investment.
(d)
Disbursements.
(a)
Authority.
(b)
Contents of agreements.
(c)
Administering body.
(d)
Eligible activities.
(e)
Grant recipients.
(f)
Review of larger grants.
(g)
Eligibility criteria.
SUBCHAPTER IV—DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS
(a)
Findings.
(b)
Purposes.
(a)
In general.
(b)
Eligibility determinations.
(a)
Authority to reduce debt.
(b)
Implementation of debt reduction.
(c)
Additional terms and conditions.
(a)
Authority to reduce debt.
(b)
Implementation of debt reduction.
(c)
Additional terms and conditions.
(a)
Loans and credits eligible for sale, reduction, or cancellation.
(b)
Deposit of proceeds.
(a)
Authority.
(b)
Contents of Agreement.
(c)
Administering body.
(d)
Eligible activities.
(e)
Grant recipients.
(f)
Review of larger grants.
(g)
Eligibility criteria.
(a)
Establishment.
(b)
Requirements relating to operation of Fund.
(a)
Enterprise for the Americas Board.
(b)
Additional membership.
(c)
Duties.
(a)
In general.
(b)
Supplemental views in annual report.
SUBCHAPTER V—MIDDLE EAST ASSISTANCE
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—INTERNATIONAL DEVELOPMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part I—Declaration of Policy; Development Assistance Authorizations
Part Referred to in Other Sections
This part is referred to in
§2151. Congressional findings and declaration of policy
(a) United States development cooperation policy
The Congress finds that fundamental political, economic, and technological changes have resulted in the interdependence of nations. The Congress declares that the individual liberties, economic prosperity, and security of the people of the United States are best sustained and enhanced in a community of nations which respect individual civil and economic rights and freedoms and which work together to use wisely the world's limited resources in an open and equitable international economic system. Furthermore, the Congress reaffirms the traditional humanitarian ideals of the American people and renews its commitment to assist people in developing countries to eliminate hunger, poverty, illness, and ignorance.
Therefore, the Congress declares that a principal objective of the foreign policy of the United States is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives.
United States development cooperation policy should emphasize four principal goals:
(1) the alleviation of the worst physical manifestations of poverty among the world's poor majority;
(2) the promotion of conditions enabling developing countries to achieve self-sustaining economic growth with equitable distribution of benefits;
(3) the encouragement of development processes in which individual civil and economic rights are respected and enhanced; and
(4) the integration of the developing countries into an open and equitable international economic system.
The Congress declares that pursuit of these goals requires that development concerns be fully reflected in United States foreign policy and that United States development resources be effectively and efficiently utilized.
(b) Coordination of development-related activities
Under the policy guidance of the Secretary of State, the agency primarily responsible for administering subchapter I of this chapter should have the responsibility for coordinating all United States development-related activities.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1978—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1977—Subsec. (a).
Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
1975—Subsecs. (c), (d).
1973—
1967—
1966—
1965—
1963—
1962—
Effective Date of 1979 Amendment
"(a) Except as provided in subsection (b) of this section and in section 503(b) [set out as an Effective Date of 1979 Amendment note under
"(b) Sections 114(b) [not classified to the Code], 123 [amending a provision set out as a note below], 501 [not classified to the Code], and 509 [set out as a note below] of this Act shall take effect on the date of enactment of this Act [Aug. 14, 1979]."
Effective Date of 1978 Amendment
Section 605 of
Short Title of 1999 Amendments
Short Title of 1996 Amendment
Short Title of 1994 Amendments
Short Title of 1992 Amendments
Short Title of 1990 Amendment
Short Title of 1989 Amendments
Short Title of 1988 Amendments
Short Title of 1986 Amendments
Short Title of 1985 Amendments
Short Title of 1983 Amendments
Short Title of 1981 Amendments
Short Title of 1980 Amendments
Short Title of 1979 Amendments
Short Title of 1978 Amendments
Section 1 of
Short Title of 1977 Amendments
Section 1 of
Short Title of 1976 Amendment
Short Title of 1975 Amendment
Section 1 of
Short Title of 1974 Amendments
Short Title of 1973 Amendment
Section 1 of
Short Title of 1972 Amendment
Short Title of 1971 Amendment
Short Title of 1969 Amendment
Short Title of 1968 Amendment
Short Title of 1967 Amendment
Section 1 of
Short Title of 1966 Amendment
Section 1 of
Short Title of 1965 Amendment
Section 1 of
Short Title of 1964 Amendment
Short Title of 1963 Amendment
Section 1 of
Short Title of 1962 Amendment
Section 1 of
Short Title
Section 1 of
Section 101 of
Repeals
Section 642 of
"(a) There are hereby repealed—
"(1) Reorganization Plan Numbered 7 of 1953 [formerly set out as a note under
"(2) the Mutual Security Act of 1954, as amended [
"(3) section 12 of the Mutual Security Act of 1955 [formerly set out as a note under
"(4) sections 12, 13, and 14 of the Mutual Security Act of 1956 [
"(5) section 503 of the Mutual Security Act of 1958 [
"(6) section 108 of the Mutual Security Appropriation Act, 1959 [formerly set out as a note under
"(7) section 501(a), chapter VI, and sections 702 and 703 of the Mutual Security Act of 1959, as amended [
"(8) section 604 and chapter VII of the Mutual Security Act of 1960 [
"(b) References in law to the Acts, or provisions of such Acts, repealed by subsection (a) of this section shall hereafter be deemed to be references to this Act [see Short Title note for the Foreign Assistance Act of 1961 above] or appropriate provisions of this Act.
"(c) The repeal of the Acts listed in subsection (a) of this section shall not be deemed to affect amendments contained in such Acts to Acts not named in that subsection."
United States Agency for International Development Deemed Agency Primarily Responsible for Administering This Subchapter
Any reference in this chapter to the agency primarily responsible for administering this subchapter, or to the Administrator of such agency, deemed reference to the United States Agency for International Development or to the Administrator of that agency, as appropriate, see section 1–200(a) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Report on Relations With Vietnam
"(1) the Government of the Socialist Republic of Vietnam is cooperating with the United States in providing the fullest possible accounting of all unresolved cases of prisoners of war (POWs) or persons missing-in-action (MIAs) through the provision of records and the unilateral and joint recovery and repatriation of American remains;
"(2) the Government of the Socialist Republic of Vietnam has made progress toward the release of all political and religious prisoners, including Catholic, Protestant, and Buddhist clergy;
"(3) the Government of the Socialist Republic of Vietnam is cooperating with requests by the United States to obtain full and free access to persons of humanitarian interest to the United States for interviews under the Orderly Departure (ODP) and Resettlement Opportunities for Vietnamese Refugees (ROVR) programs, and in providing exit visas for such persons;
"(4) the Government of the Socialist Republic of Vietnam has taken vigorous action to end extortion, bribery, and other corrupt practices in connection with such exit visas; and
"(5) the Government of the United States is making vigorous efforts to interview and resettle former reeducation camp victims, their immediate families including unmarried sons and daughters, former United States Government employees, and other persons eligible for the ODP program, and to give such persons the full benefit of all applicable United States laws including sections 599D and 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990 (
Iraq Liberation
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iraq Liberation Act of 1998'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) On September 22, 1980, Iraq invaded Iran, starting an 8 year war in which Iraq employed chemical weapons against Iranian troops and ballistic missiles against Iranian cities.
"(2) In February 1988, Iraq forcibly relocated Kurdish civilians from their home villages in the Anfal campaign, killing an estimated 50,000 to 180,000 Kurds.
"(3) On March 16, 1988, Iraq used chemical weapons against Iraqi Kurdish civilian opponents in the town of Halabja, killing an estimated 5,000 Kurds and causing numerous birth defects that affect the town today.
"(4) On August 2, 1990, Iraq invaded and began a 7 month occupation of Kuwait, killing and committing numerous abuses against Kuwaiti civilians, and setting Kuwait's oil wells ablaze upon retreat.
"(5) Hostilities in Operation Desert Storm ended on February 28, 1991, and Iraq subsequently accepted the ceasefire conditions specified in United Nations Security Council Resolution 687 (April 3, 1991) requiring Iraq, among other things, to disclose fully and permit the dismantlement of its weapons of mass destruction programs and submit to long-term monitoring and verification of such dismantlement.
"(6) In April 1993, Iraq orchestrated a failed plot to assassinate former President George Bush during his April 14–16, 1993, visit to Kuwait.
"(7) In October 1994, Iraq moved 80,000 troops to areas near the border with Kuwait, posing an imminent threat of a renewed invasion of or attack against Kuwait.
"(8) On August 31, 1996, Iraq suppressed many of its opponents by helping one Kurdish faction capture Irbil, the seat of the Kurdish regional government.
"(9) Since March 1996, Iraq has systematically sought to deny weapons inspectors from the United Nations Special Commission on Iraq (UNSCOM) access to key facilities and documents, has on several occasions endangered the safe operation of UNSCOM helicopters transporting UNSCOM personnel in Iraq, and has persisted in a pattern of deception and concealment regarding the history of its weapons of mass destruction programs.
"(10) On August 5, 1998, Iraq ceased all cooperation with UNSCOM, and subsequently threatened to end long-term monitoring activities by the International Atomic Energy Agency and UNSCOM.
"(11) On August 14, 1998, President Clinton signed
"(12) On May 1, 1998, President Clinton signed
"SEC. 3. SENSE OF THE CONGRESS REGARDING UNITED STATES POLICY TOWARD IRAQ.
"It should be the policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime.
"SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.
"(a)
"(1)
"(B) There is authorized to be appropriated to the United States Information Agency $2,000,000 for fiscal year 1999 to carry out this paragraph.
"(2)
"(B) The aggregate value (as defined in section 644(m) of the Foreign Assistance Act of 1961 [
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(f)
"(2) Amounts authorized to be appropriated under this section are in addition to amounts otherwise available for the purposes described in this section.
"(g)
"SEC. 5. DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION ORGANIZATION.
"(a)
"(b)
"(c)
"(1) include a broad spectrum of Iraqi individuals, groups, or both, opposed to the Saddam Hussein regime; and
"(2) are committed to democratic values, to respect for human rights, to peaceful relations with Iraq's neighbors, to maintaining Iraq's territorial integrity, and to fostering cooperation among democratic opponents of the Saddam Hussein regime.
"(d)
"SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.
"Consistent with section 301 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (
"SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM HUSSEIN REGIME.
"It is the sense of the Congress that once the Saddam Hussein regime is removed from power in Iraq, the United States should support Iraq's transition to democracy by providing immediate and substantial humanitarian assistance to the Iraqi people, by providing democracy transition assistance to Iraqi parties and movements with democratic goals, and by convening Iraq's foreign creditors to develop a multilateral response to Iraq's foreign debt incurred by Saddam Hussein's regime.
"SEC. 8. RULE OF CONSTRUCTION.
"Nothing in this Act shall be construed to authorize or otherwise speak to the use of United States Armed Forces (except as provided in section 4(a)(2)) in carrying out this Act."
Designations Under the Iraq Liberation Act of 1998
Determination of President of the United States, No. 99–13, Feb. 4, 1999, 64 F.R. 6781, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President of the United States, including under section 5 of the Iraq Liberation Act of 1998 (
You are authorized and directed to report this determination and designation to the Congress and arrange for its publication in the Federal Register.
William J. Clinton.
Assistance for Mauritania
"(a)
"(1) the enactment of anti-slavery laws that provide appropriate punishment for violators of such laws; and
"(2) the rigorous enforcement of such laws.
"(b)
"(1)
"(2)
"(A) assistance under
"(B) assistance under
"(C) assistance under the 'Foreign Military Financing Program' under section 23 of the Arms Export Control Act (
"(D) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act (
Authority for Anticrime Assistance
"(a)
"(b)
"(1)
"(2)
[Functions of President under section 106 of
African Conflict Resolution
"SECTION. 1. SHORT TITLE.
"This Act may be cited as the 'African Conflict Resolution Act'.
"SEC. 2. FINDINGS AND STATEMENT OF POLICY.
"(a)
"(1) It is in the national interest of the United States to help build African capability in conflict resolution. A relatively small investment of assistance in promoting African conflict resolution—
"(A) would reduce the enormous human suffering which is caused by wars in Africa;
"(B) would help the United States avoid huge future expenditures necessitated by Somalia-like humanitarian disasters; and
"(C) would reduce the need for United Nations intervention as African institutions develop the ability to resolve African conflicts.
"(2) Africa, to a greater extent than any other continent, is afflicted by war. Africa has been marred by more than 20 major civil wars since 1960. Rwanda, Somalia, Angola, Sudan, Liberia, and Burundi are among those countries that have recently suffered serious armed conflict.
"(3) In the last decade alone, between 2,000,000 and 4,000,000 Africans have died because of war. There were 5,200,000 refugees and 13,100,000 displaced people in Africa in 1993.
"(4) Millions more Africans are currently at risk of war-related death. Looming or ongoing conflicts in Zaire, Angola, Sudan, Rwanda, and other countries threaten Africa's future.
"(5) War has caused untold economic and social damage to the countries of Africa. Food production is impossible in conflict areas, and famine often results. Widespread conflict has condemned many of Africa's children to lives of misery and, in certain cases, has threatened the existence of traditional African cultures.
"(6) Conflict and instability in Africa, particularly in large, potentially rich countries such as Angola, Sudan, and Zaire, deprive the global economy of resources and opportunities for trade and investment. Peace in these countries could make a significant contribution to global economic growth, while creating new opportunities for United States businesses.
"(7) Excessive military expenditures threaten political and economic stability in Africa while diverting scarce resources from development needs. Demobilization and other measures to reduce the size of African armies, and civilian control of the military under the rule of law are in the interest of international security and economic development.
"(8) Conflict prevention, mediation, and demobilization are prerequisites to the success of development assistance programs. Nutrition and education programs, for example, cannot succeed in a nation at war. Billions of dollars of development assistance have been virtually wasted in war-ravaged countries such as Liberia, Somalia, and Sudan.
"(9) Africans have a long tradition of informal mediation. This tradition should be built upon to create effective institutions through which Africans can resolve African conflicts.
"(10) The effectiveness of U.S. support for conflict resolution programs requires coordination and collaboration with multilateral institutions and other bilateral donors.
"(11) African institutions are playing an active role in conflict resolution and mediation utilizing the experience of elder statesmen. Groups such as the All African Council of Churches have assisted in defusing conflicts. The Economic Community of West African States (ECOWAS) has sought to address the conflict in Liberia by deploying an African peacekeeping force. The Southern African states have been working to prevent a crisis in Lesotho. The Intergovernmental Authority on Desertification and Drought (IGADD) has been engaged in attempting to resolve the conflict in Sudan.
"(12) The Organization of African Unity, under the leadership of Secretary General Salim Salim, has established a conflict resolution mechanism and has been active in mediation and conflict resolution in several African countries.
"(b)
"SEC. 3. IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE ORGANIZATION OF AFRICAN UNITY.
"(a)
"(1) Funds may be provided to the Organization of African Unity for use in supporting its conflict resolution capability, including providing technical assistance.
"(2) Funds may be used for expenses of sending individuals with expertise in conflict resolution to work with the Organization of African Unity.
"(b)
"SEC. 4. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL SUBREGIONAL ORGANIZATIONS IN AFRICA.
"(a)
"(1) Funds may be provided to such organizations for use in supporting their conflict resolution capability, including providing technical assistance.
"(2) Funds may be used for the expenses of sending individuals with expertise in conflict resolution to work with such organizations.
"(b)
"SEC. 5. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF NON-GOVERNMENTAL ORGANIZATIONS.
"(a)
"(b)
"SEC. 6. AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.
"(a)
"(1) provide assistance for the encampment and related activities for the purpose of demobilization of such forces; and
"(2) provide assistance for the reintegration of demobilized military personnel into civilian society through activities such as retraining for civilian occupations, creation of income-generating opportunities, their reintegration into agricultural activities, and the transportation to the home areas of such personnel.
"(b)
"(c)
"SEC. 7. TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND PEACEKEEPING.
"(a)
"(b)
"SEC. 8. PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION AND DEMOBILIZATION IN SUB-SAHARAN AFRICA.
"(a)
"(b)
"(1) The type, purpose, amount, and duration of assistance that is planned to be provided to conflict resolution units in sub-Saharan Africa.
"(2) The type and amount of assistance that is planned to be provided for the demobilization of military personnel of countries of sub-Saharan Africa, including—
"(A) a list of which countries will receive such assistance and an explanation of why such countries were chosen for such assistance; and
"(B) a list of other countries and international organizations that are providing assistance for such demobilization.
"(3) The type and amount of assistance that is planned to be provided to nongovernmental organizations that are engaged in mediation and reconciliation efforts in sub-Saharan Africa.
"(4) A description of proposed training programs for Africans in conflict resolution and peacekeeping under section 7, including a list of prospective participants and plans to expand such programs.
"(5) The mechanisms to be used to coordinate interagency efforts to administer the plan.
"(6) Efforts to seek the participation of other countries and international organizations to achieve the objectives of the plan.
"(c)
"SEC. 9. REPORTING REQUIREMENT.
"(a)
"(b)
"SEC. 10. CONSULTATION REQUIREMENT.
"The President shall consult with the appropriate congressional committees prior to providing assistance under sections 3 through 7.
"SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
"For purposes of this Act, the term 'appropriate congressional committees' means the Committee on Foreign Affairs [now Committee on International Relations] and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate."
[Functions of President under sections 8 and 9 of
Waiver of Restrictions for Narcotics-Related Economic Assistance
Similar Provisions
Similar provisions were contained in the following prior acts:
"Appropriate Congressional Committees" Defined for Purposes of Pub. L. 102–583
Impact on Employment in United States
Internationally Recognized Worker Rights
Horn of Africa Recovery and Food Security
Peace Process in Liberia
"(1) strongly supports the peace process for Liberia initiated by the Yamoussoukro peace accord;
"(2) urges all parties to abide by the terms of the Yamoussoukro agreement;
"(3) commends and congratulates the governments of the Economic Community of West African States (ECOWAS) for their leadership in seeking peace in Liberia; and
"(4) extends particularly praise to President Babangida of Nigeria, President Houphouet-Boigny of Cote d'Ivoire, and President Diouf of Senegal for their efforts to resolve this conflict.
"(b)
"(1) nonpartisan election and democracy-building assistance to support democratic institutions in Liberia, and
"(2) assistance for the resettlement of refugees, the demobilization and retraining of troops, and the provision of other appropriate assistance:
Provided, That the President determines and so certifies to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs [now Committee on International Relations] and the Committee on Appropriations of the House of Representatives that Liberia has made significant progress toward democratization and that the provision of such assistance will assist that country in making further progress and is otherwise in the national interest of the United States. A separate determination and certification shall be required for each fiscal year in which such assistance is to be provided."
Suspension of Certain Programs and Activities Relating to the People's Republic of China
"(a)
"(1)
"(2)
"(3)
"(B) The suspension set forth in subparagraph (A) shall not apply to systems and components designed specifically for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient of such items is the military or security forces of the People's Republic of China.
"(4)
"(5)
"(6)
"(i) application for a license under the Export Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] for the export to the People's Republic of China for use in a nuclear production or utilization facility of any goods or technology which, as determined under section 309(c) of the Nuclear Non-Proliferation Act of 1978 [
"(ii) application for a license for the export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be suspended,
"(iii) approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall not be given, and
"(iv) specific authorization for assistance in any activities with respect to the People's Republic of China relating to the use of nuclear energy under section 57b.(2) of the Atomic Energy Act of 1954 [
until the conditions specified in subparagraph (B) are met.
"(B) Subparagraph (A) applies until—
"(i) the President certifies to the Congress that the People's Republic of China has provided clear and unequivocal assurances to the United States that it is not assisting and will not assist any nonnuclear-weapon state, either directly or indirectly, in acquiring nuclear explosive devices or the materials and components for such devices;
"(ii) the President makes the certifications and submits the report required by
"(iii) the President makes a report under subsection (b)(1) or (2) of this section.
"(C) For purposes of this paragraph, the term 'Agreement' means the Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy (done on July 23, 1985).
"(7)
"(i) the implementation of bulk licenses for exports to the People's Republic of China; and
"(ii) the raising of the performance levels of goods or technology below which no authority or permission to export to the People's Republic of China would be required.
"(B) The President shall oppose any liberalization by the Coordinating Committee of controls which is described in subparagraph (A)(ii), until the end of the 6-month period beginning on the date of enactment of this Act [Feb. 16, 1990] or until the President makes a report under subsection (b)(1) or (2) of this section, whichever occurs first.
"(b)
"(1) that the Government of the People's Republic of China has made progress on a program of political reform throughout the country, including Tibet, which includes—
"(A) lifting of martial law;
"(B) halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs;
"(C) release of political prisoners;
"(D) increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and
"(E) permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or
"(2) that it is in the national interest of the United States to terminate a suspension under subsection (a)(1), (2), (3), (4), or (5), to terminate a suspension or disapproval under subsection (a)(6), or to terminate the opposition required by subsection (a)(7), as the case may be.
"(c)
"(1) any steps taken by the Government of China to achieve the objectives described in subsection (b)(1);
"(2) the effect of multilateral sanctions on political and economic developments in China and on China's international economic relations;
"(3) the impact of the President's actions described in section 901(a)(9) [
"(A) political and economic developments in China;
"(B) the standard of living of the Chinese people;
"(C) relations between the United States and China; and
"(D) the actions taken by China to promote a settlement in Cambodia which will ensure Cambodian independence, facilitate an act of self-determination by the Cambodian people, and prevent the Khmer Rouge from returning to exclusive power;
"(4) the status of programs and activities suspended under subsection (a); and
"(5) the additional measures taken by the President under section 901(c) if repression in China deepens."
[Certification of President under section 902(a)(6)(B)(i) of
Limitation on Assistance to Panamanian Defense Force
"(a)
"(1) that no armed forces of the Soviet Union, the Republic of Cuba, or the Republic of Nicaragua are present in the Republic of Panama (other than military attachés accredited to the Republic of Panama); and
"(2) that General Manuel Noriega has relinquished command of the Panamanian Defense Force and no longer holds any official position of leadership (either military or civilian) in the Republic of Panama.
"(b)
"(1) the defense of the Panama Canal,
"(2) the collection of intelligence,
"(3) the maintenance of United States Armed Forces in the Republic of Panama, or
"(4) the protection of United States interests in the Republic of Panama.
"(c)
"(1) whether (and to what extent) military, paramilitary, or intelligence personnel of the Soviet Union, Cuba, or Nicaragua are present in the Republic of Panama; and
"(2) whether (and to what extent) the Panamanian Defense Force has coordinated with, cooperated with, supported, or received support from, any such personnel."
Codification of Policy Prohibiting Negotiations With the Palestine Liberation Organization
"(a)
"(b)
Obligation or Expenditure of Funds for Planning, etc., Mining of the Ports or Territorial Waters of Nicaragua
Prohibition on Certain Assistance to the Khmer Rouge in Kampuchea
"(a) Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this Act or any other Act may be obligated or expended for the purpose or with the effect of promoting, sustaining, or augmenting, directly or indirectly, the capacity of the Khmer Rouge or any of its members to conduct military or paramilitary operations in Kampuchea or elsewhere in Indochina.
"(b) All funds appropriated before the date of enactment of this section [Nov. 22, 1983] which were obligated but not expended for activities having the purpose or effect described in subsection (a) shall be deobligated and shall be deposited in the Treasury of the United States as miscellaneous receipts.
"(c) This section shall not be construed as limiting the provision of food, medicine, or other humanitarian assistance to the Kampuchean people."
Termination of Nonrecurring Activities Under Foreign Assistance Act of 1961 and Removal From Law
Assistance for Panama
"(a) Unless the President certifies to Congress that—
"(1) the Government of Panama has demonstrated substantial progress in assuring civilian control of the armed forces and that the Panama Defense Forces and its leaders have been removed from nonmilitary activities and institutions;
"(2) an impartial investigation into allegations of illegal actions by members of the Panama Defense Force is being conducted;
"(3) a satisfactory agreement has been reached between the governing authorities and representatives of the opposition forces on conditions for free and fair elections; and
"(4) freedom of the press and other constitutional guarantees, including due process of law, are being restored to the Panamanian people;
then no United States assistance (including any such assistance appropriated and previously obligated) shall be obligated or expended for programs, projects, or activities which assist or lend support for the Noriega regime, or ministries of government under the control of the Noriega regime, or any successor regime that does not meet the criteria specified in subsection (a) of this section in this fiscal year and any fiscal year thereafter, and none of the funds appropriated or otherwise made available in this Act, or any other Act, shall be used to finance any participation of the United States in joint military exercises conducted in Panama during the fiscal year 1990.
"(b) It is the sense of the Congress that if the conditions described in paragraphs (1) through (4) of subsection (a) have been certified as having been met, then not only will United States assistance be restored, but increased levels of such assistance should be considered for Panama.
"(c) For purposes of this section, the term 'United States assistance' means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government, including—
"(1) assistance under the Foreign Assistance Act of 1961 [see Short Title note above] (including programs under title IV of
"(2) sales, credits, and guarantees under the Arms Export Control Act [see Short Title note set out under
"(3) sales under title I [
"(4) other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities;
"(5) financing under the Export-Import Bank Act of 1945 [
"(6) assistance provided by the Central Intelligence Agency or assistance provided by any other entity or component of the United States Government if such assistance is carried out in connection with, or for purposes of conducting, intelligence or intelligence-related activities except that this shall not include activities undertaken solely to collect necessary intelligence;
except that the term 'United States assistance' does not include (A) assistance under
"(d) The Secretary of the Treasury shall instruct the United States Executive Directors to the International Financial Institutions (the International Bank for Reconstruction and Development, the International Finance Corporation, and the Inter-American Development Bank) to vote against any loan to Panama, unless the President has certified in advance that the conditions set forth in subsection (a) of this section have been met."
Similar provisions were contained in the following prior appropriation acts:
Final Accounting of Americans Missing in Action in Vietnam
Plan for Increased Minority Business Participation in Foreign Assistance Activities; Minority Resource Center Section as Implementing Administrative Unit; Functions, Duties, Etc., of Center
Section 133 of
"(a) The Administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 [this subchapter] shall prepare and transmit to the Congress, not later than 30 days after the date of enactment of this Act [Aug. 3, 1977], a detailed plan for the establishment of a section on minority business within such agency.
"(b) Such plan shall include, but shall not be limited to—
"(1) a description of where the section on minority business will be located in such agency's organizational structure and what relevant lines of authority will be established;
"(2) a listing of the specific responsibilities that will be assigned to the section on minority business to enable it to increase, in a rational and effective manner, participation of minority business enterprises in activities funded by such agency;
"(3) a design for a time-phase system for bringing about expanded minority business enterprise participation, including specific recommendations for percentage allocations of contracts by such agency to minority business enterprises;
"(4) a proposed reporting system that will permit objective measuring of the degree of participation of minority business enterprises in comparison to the total activities funded by such agency;
"(5) a detailed projection of the administrative budgetary impact of the establishment of the section on minority business; and
"(6) a detailed set of objective criteria upon which determinations will be made as to the qualifications of minority business enterprises to receive contracts funded by such agency.
"(c)(1) Upon the enactment of the International Development Cooperation Act of 1979 [Aug. 14, 1979], the section on minority business established pursuant to subsection (a) shall be redesignated as the Minority Resource Center (hereafter in this section referred to as the 'Center') which shall be responsible for increasing the participation of economically and socially disadvantaged business enterprises in contract, procurement, grant, and research and development activities funded by the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 [this subchapter] (hereafter in this section referred to as the 'agency').
"(2) The Center shall—
"(A) establish, maintain, and disseminate information to, and otherwise serve as an information clearinghouse for, economically and socially disadvantaged business enterprises regarding business opportunities in development assistance programs funded by the agency;
"(B) design and conduct programs to encourage, promote, and assist economically and socially disadvantaged business enterprises to secure direct contracts, host country contracts, operation expatriate contracts, indefinite quantity contracts, subcontracts, projects, grants, and research and development contracts in order for such enterprises to participate in such development assistance programs;
"(C) conduct market research, planning, economic and business analyses, and feasibility studies to identify business opportunities in such development assistance programs;
"(D) develop support mechanisms which will enable socially and economically disadvantaged businesses to take advantage of business opportunities in such development assistance programs; and
"(E) enter into such contracts (to such extent or in such amounts as are provided in appropriation Acts), cooperative agreements, or other transactions as may be necessary in the conduct of its functions under this section.
"(3) The Administrator of the agency and the Secretary of State shall provide the Center with such relevant information, including procurement schedules, bids, and specifications with respect to development assistance programs funded by the agency, as may be requested by the Center in connection with the performance of its functions under this section.
"(4) There shall be a Director of the Center who shall be the chief executive officer of the Center. The Director shall be appointed by the Administrator of the agency.
"(5)(A) For the purposes of this section, the term 'economically and socially disadvantaged enterprise' means a business—
"(i) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
"(ii) whose management and daily business operations are controlled by one or more such individuals.
"(B) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.
"(C) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Administrator of the agency shall consider, but not be limited to, the assets and net worth of the socially disadvantaged individual.
"(6) [Repealed.
"(7) Of the funds available to the agency for operating expenses, up to $950,000 for fiscal year 1980 may be allocated to the Center to carry out its functions under this section.
"(8) If the Administrator of the agency determines that such a consolidation would significantly further the purposes of this section and would eliminate unnecessary duplication of activity, the Administrator may consolidate the Center with the Office of Small and Disadvantaged Business Utilization established in the agency by section 15(k) of the Small Business Act [
[Amendment by
Use of Accrued Foreign Currencies
Section 40 of
Religious Freedom and Persecution
Communist Regime in China
Oct. 17, 1968,
Jan. 2, 1968,
Oct. 15, 1966,
Oct. 20, 1965,
Oct. 7, 1964,
Jan. 6, 1964,
Oct. 23, 1962,
Sept. 30, 1961,
Sept. 2, 1960,
Sept. 28, 1959,
Aug. 28, 1958,
Sept. 3, 1957,
July 31, 1956, ch. 803, §108,
July 8, 1955, ch. 301, §12,
Section Referred to in Other Sections
This section is referred to in
§2151–1. Development assistance policy
(a) Principal purpose of bilateral development assistance
The Congress finds that the efforts of developing countries to build and maintain the social and economic institutions necessary to achieve self-sustaining growth and to provide opportunities to improve the quality of life for their people depend primarily upon successfully marshalling their own economic and human resources. The Congress recognizes that the magnitude of these efforts exceeds the resources of developing countries and therefore accepts that there will be a long-term need for wealthy countries to contribute additional resources for development purposes. The United States should take the lead in concert with other nations to mobilize such resources from public and private sources.
Provision of development resources must be adapted to the needs and capabilities of specific developing countries. United States assistance to countries with low per capita incomes which have limited access to private external resources should primarily be provided on concessional terms. Assistance to other developing countries should generally consist of programs which facilitate their access to private capital markets, investment, and technical skills, whether directly through guarantee or reimbursable programs by the United States Government or indirectly through callable capital provided to the international financial institutions.
Bilateral assistance and United States participation in multilateral institutions shall emphasize programs in support of countries which pursue development strategies designed to meet basic human needs and achieve self-sustaining growth with equity.
The Congress declares that the principal purpose of United States bilateral development assistance is to help the poor majority of people in developing countries to participate in a process of equitable growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services which will enable them to satisfy their basic needs and lead lives of decency, dignity, and hope. Activities shall be emphasized that effectively involve the poor in development by expanding their access to the economy through services and institutions at the local level, increasing their participation in the making of decisions that affect their lives, increasing labor-intensive production and the use of appropriate technology, expanding productive investment and services out from major cities to small towns and rural areas, and otherwise providing opportunities for the poor to improve their lives through their own efforts. Participation of the United States in multilateral institutions shall also place appropriate emphasis on these principles.
(b) Form of assistance; principles governing assistance
Assistance under this part should be used not only for the purpose of transferring financial resources to developing countries, but also to help countries solve development problems in accordance with a strategy that aims to insure wide participation of the poor in the benefits of development on a sustained basis. Moreover, assistance shall be provided in a prompt and effective manner, using appropriate United States institutions for carrying out this strategy. In order to achieve these objectives and the broad objectives set forth in
(1) Development is primarily the responsibility of the people of the developing countries themselves. Assistance from the United States shall be used in support of, rather than substitution for, the self-help efforts that are essential to successful development programs and shall be concentrated in those countries that take positive steps to help themselves. Maximum effort shall be made, in the administration of subchapter I of this chapter, to stimulate the involvement of the people in the development process through the encouragement of democratic participation in private and local governmental activities and institution building appropriate to the requirements of the recipient countries.
(2) Development planning must be the responsibility of each sovereign country. United States assistance should be administered in a collaborative style to support the development goals chosen by each country receiving assistance.
(3) United States bilateral development assistance should give high priority to undertakings submitted by host governments which directly improve the lives of the poorest of their people and their capacity to participate in the development of their countries, while also helping such governments enhance their planning, technical, and administrative capabilities needed to insure the success of such undertakings.
(4) Development assistance provided under this part shall be concentrated in countries which will make the most effective use of such assistance to help satisfy basic human needs of poor people through equitable growth, especially in those countries having the greatest need for outside assistance. In order to make possible consistent and informed judgments in this respect, the President shall assess the commitment and progress of countries in moving toward the objectives and purposes of this part by utilizing criteria, including but not limited to the following:
(A) increase in agricultural productivity per unit of land through small-farm, labor-intensive agriculture;
(B) reduction of infant mortality;
(C) control of population growth;
(D) promotion of greater equality of income distribution, including measures such as more progressive taxation and more equitable returns to small farmers;
(E) reduction of rates of unemployment and underemployment; and
(F) increase in literacy.
(5) United States development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of the people in the developing countries; food production and nutrition; rural development and generation of gainful employment; population planning and health; environment and natural resources; education, development administration, and human resource development; and energy development and production.
(6) United States assistance shall encourage and promote the participation of women in the national economies of developing countries and the improvement of women's status as an important means of promoting the total development effort.
(7) United States bilateral assistance shall recognize that the prosperity of developing countries and effective development efforts require the adoption of an overall strategy that promotes the development, production, and efficient utilization of energy and, therefore, consideration shall be given to the full implications of such assistance on the price, availability, and consumption of energy in recipient countries.
(8) United States cooperation in development should be carried out to the maximum extent possible through the private sector, including those institutions which already have ties in the developing areas, such as educational institutions, cooperatives, credit unions, free labor unions, and private and voluntary agencies.
(9) To the maximum extent practicable, United States private investment should be encouraged in economic and social development programs to which the United States lends support.
(10) Assistance shall be planned and utilized to encourage regional cooperation by developing countries in the solution of common problems and the development of shared resources.
(11) Assistance efforts of the United States shall be planned and furnished to the maximum extent practicable in coordination and cooperation with assistance efforts of other countries, including the planning and implementation of programs and projects on a multilateral and multidonor basis.
(12) United States bilateral development assistance should be concentrated on projects which do not involve large-scale capital transfers. However, to the extent that such assistance does involve large-scale capital transfers, it should be furnished in association with contributions from other countries working together in a multilateral framework.
(13) United States encouragement of policy reforms is necessary if developing countries are to achieve economic growth with equity.
(14) Development assistance should, as a fundamental objective, promote private sector activity in open and competitive markets in developing countries, recognizing such activity to be a productive and efficient means of achieving equitable and long term economic growth.
(15) United States cooperation in development should recognize as essential the need of developing countries to have access to appropriate technology in order to improve food and water, health and housing, education and employment, and agriculture and industry.
(16) United States assistance should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long term development. An important component of institution building involves training to expand the human resource potential of people in developing countries.
(c) Worldwide cooperative effort to overcome aspects of absolute poverty
The Congress, recognizing the desirability of overcoming the worst aspects of absolute poverty by the end of this century by, among other measures, substantially lowering infant mortality and birth rates, and increasing life expectancy, food production, literacy, and employment, encourages the President to explore with other countries, through all appropriate channels, the feasibility of a worldwide cooperative effort to overcome the worst aspects of absolute poverty and to assure self-reliant growth in the developing countries by the year 2000.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1985—Subsec. (b)(13) to (16).
1979—Subsec. (b)(5).
Subsec. (b)(7).
Effective Date of 1985 Amendment
Section 1301 of
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151a. Agricultural development in rural areas
(a) Authorization to President to furnish assistance; appropriations
(1) In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition—
(A) to alleviate starvation, hunger, and malnutrition;
(B) to expand significantly the provision of basic services to rural poor people to enhance their capacity for self-help; and
(C) to help create productive farm and off-farm employment in rural areas to provide a more viable economic base and enhance opportunities for improved incomes, living standards, and contributions by rural poor people to the economic and social development of their countries.
(2) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year 1987. Of these amounts, the President may use such amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980. Amounts appropriated under this section are authorized to remain available until expended.
(3) Of the amounts authorized to be appropriated in paragraph (2) for the fiscal year 1987, not less than $2,000,000 shall be available only for the purpose of controlling and eradicating amblyomma variegatum (heartwater) in bovine animals in the Caribbean.
(b) Use of assistance primarily in aid of rural poor; multilateral infrastructure projects; forestry projects
(1) Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the productivity and income of the rural poor, through such means as creation and strengthening of local institutions linked to the regional and national levels; organization of a system of financial institutions which provide both savings and credit services to the poor; stimulation of small, labor-intensive enterprises in rural towns; improvement of marketing facilities and systems; expansion of rural infrastructure and utilities such as farm-to-market roads, water management systems, land improvement, energy, and storage facilities; establishment of more equitable and more secure land tenure arrangements; and creation and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, fertilizer, water, forestry, soil conservation, and improved seed, in ways which assure access to them by small farmers.
(2) In circumstances where development of major infrastructure is necessary to achieve the objectives set forth in this section, assistance for that purpose should be furnished under this part in association with significant contributions from other countries working together in a multilateral framework. Infrastructure projects so assisted should be complemented by other measures to ensure that the benefits of the infrastructure reach the poor.
(3) The Congress recognizes that the accelerating loss of forests and tree cover in developing countries undermines and offsets efforts to improve agricultural production and nutrition and otherwise to meet the basic human needs of the poor. Deforestation results in increased flooding, reduction in water supply for agricultural capacity, loss of firewood and needed wood products, and loss of valuable plants and animals. In order to maintain and increase forest resources, the President is authorized to provide assistance under this section for forestry projects which are essential to fulfill the fundamental purposes of this section. Emphasis shall be given to community woodlots, agroforestry, reforestation, protection of watershed forests, and more effective forest management.
(c) Increased agricultural production in least developed countries
The Congress finds that the greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the agricultural producers in developing countries. Increasing the emphasis on rural development and expanded food production in the poorest nations of the developing world is a matter of social justice and a principal element contributing to broadly based economic growth, as well as an important factor in alleviating inflation in the industrialized countries. In the allocation of funds under this section, special attention shall be given to increasing agricultural production in countries which have been designated as "least developed" by the United Nations General Assembly.
(d) Coordination with population planning and health programs
Assistance provided under this section shall also be used in coordination with programs carried out under
(1) to devise and carry out in partnership with developing countries a strategy for programs of nutrition and health improvement for mothers and children, including breast feeding; and
(2) to provide technical, financial, and material support to individuals or groups at the local level for such programs.
(e) Use of local currency proceeds from sales of commodities
Local currency proceeds from sales of commodities provided under the Agricultural Trade Development and Assistance Act of 1954 [
(f) National food security policies and programs; bilateral and multilateral assistance
The Congress finds that the efforts of developing countries to enhance their national food security deserves encouragement as a matter of United States development assistance policy. Measures complementary to assistance for expanding food production in developing countries are needed to help assure that food becomes increasingly available on a regular basis to the poor in such countries. Therefore, United States bilateral assistance under this chapter and the Agricultural Trade Development and Assistance Act of 1954 [
(g) International Fund for Agricultural Development; participation and contributions; availability of appropriations
(1) In order to carry out the purposes of this section, the President may continue United States participation in and may make contributions to the International Fund for Agricultural Development.
(2) Of the aggregate amount authorized to be appropriated to carry out subchapter I of this chapter, up to $50,000,000 for fiscal year 1986 and up to $50,000,000 for fiscal year 1987 may be made available, by appropriation or by transfer, for United States contributions to the second replenishment of the International Fund for Agricultural Development.
(
References in Text
Section 316 of the International Security and Development Cooperation Act of 1980, referred to in subsec. (a)(2), is section 316 of
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsecs. (e) and (f), is act July 10, 1954, ch. 469,
This chapter, referred to in subsec. (f), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1986—Subsec. (a)(3).
1985—Subsec. (a)(2).
Subsec. (g).
1981—Subsec. (a)(2).
Subsec. (g).
1980—Subsec. (a)(2).
1979—Subsec. (a)(2).
Subsec. (b)(3).
Subsec. (f).
1978—
1977—Subsec. (a).
Subsec. (h).
1975—Subsec. (a).
Subsecs. (c) to (g).
1974—Subsec. (a).
Subsec. (b).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
World Hunger
Section 316 of
"(a) In order to further the purposes of section 103 of the Foreign Assistance Act of 1961 [this section], the Director of the United States International Development Cooperation Agency shall encourage the ongoing work of private and voluntary organizations to deal with world hunger problems abroad. To this end, the Director shall help facilitate widespread public discussion, analysis, and review of the issues raised by the Report of the Presidential Commission on World Hunger of March 1980, especially the issues raised by the Commission's call for increased public awareness of the political, economic, technical, and social factors relating to hunger and poverty.
"(b) As a means of carrying out subsection (a), and to ensure the effectiveness of private and voluntary organizations in dealing with world hunger abroad, the Director is urged to provide assistance to private and voluntary organizations engaged in facilitating public discussion of hunger and other related issues."
[For abolition of United States International Development Cooperation Agency (other than Agency for International Development and Overseas Private Investment Corporation), transfer of functions, and treatment of references thereto, see
Reduction of Postharvest Losses of Food
Section 317 of
"(1) the President should reaffirm the policy of the United States Government to support the goal established by the United Nations General Assembly of reducing by 50 percent postharvest losses of food in developing countries; and
"(2) the President, acting through the Agency for International Development, should increase substantially the proportion of funds made available under the Foreign Assistance Act of 1961 [see Short Title note set out under
Section Referred to in Other Sections
This section is referred to in
§2151a–1. Agricultural research
Agricultural research carried out under this chapter shall (1) take account of the special needs of small farmers in the determination of research priorities, (2) include research on the interrelationships among technology, institutions, and economic, social, environmental, and cultural factors affecting small-farm agriculture, and (3) make extensive use of field testing to adapt basic research to local conditions. Special emphasis shall be placed on disseminating research results to the farms on which they can be put to use, and especially on institutional and other arrangements needed to assure that small farmers have effective access to both new and existing improved technology.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2151b. Population planning and health programs
(a) Congressional declaration of policy
The Congress recognizes that poor health conditions and uncontrolled population growth can vitiate otherwise successful development efforts.
Large families in developing countries are the result of complex social and economic factors which change relatively slowly among the poor majority least affected by economic progress, as well as the result of a lack of effective birth control. Therefore, effective family planning depends upon economic and social change as well as the delivery of services and is often a matter of political and religious sensitivity. While every country has the right to determine its own policies with respect to population growth, voluntary population planning programs can make a substantial contribution to economic development, higher living standards, and improved health and nutrition.
Good health conditions are a principal element in improved quality of life and contribute to the individual's capacity to participate in the development process, while poor health and debilitating disease can limit productivity.
(b) Assistance for voluntary population planning
In order to increase the opportunities and motivation for family planning and to reduce the rate of population growth, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for voluntary population planning. In addition to the provision of family planning information and services, including also information and services which relate to and support natural family planning methods, and the conduct of directly relevant demographic research, population planning programs shall emphasize motivation for small families.
(c) Assistance for health programs; special health needs of children and mothers; Child Survival Fund; promotion of immunization and oral rehydration
(1) In order to contribute to improvements in the health of the greatest number of poor people in developing countries, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for health programs. Assistance under this subsection shall be used primarily for basic integrated health services, safe water and sanitation, disease prevention and control, and related health planning and research. This assistance shall emphasize self-sustaining community-based health programs by means such as training of health auxiliary and other appropriate personnel, support for the establishment and evaluation of projects that can be replicated on a broader scale, measures to improve management of health programs, and other services and supplies to support health and disease prevention programs.
(2)(A) In carrying out the purposes of this subsection, the President shall promote, encourage, and undertake activities designed to deal directly with the special health needs of children and mothers. Such activities should utilize simple, available technologies which can significantly reduce childhood mortality, such as improved and expanded immunization programs, oral rehydration to combat diarrhoeal diseases, and education programs aimed at improving nutrition and sanitation and at promoting child spacing. In carrying out this paragraph, guidance shall be sought from knowledgeable health professionals from outside the agency primarily responsible for administering subchapter I of this chapter. In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types described in this paragraph which are carried out by international organizations (which may include international organizations receiving funds under part III of this subchapter) and by private and voluntary organizations, and should include encouragement to other donors to support such types of activities.
(B) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year 1987 for use in carrying out this paragraph. Amounts appropriated under this subparagraph are authorized to remain available until expended.
(C) Appropriations pursuant to subparagraph (B) may be referred to as the "Child Survival Fund".
(3) The Congress recognizes that the promotion of primary health care is a major objective of the foreign assistance program. The Congress further recognizes that simple, relatively low cost means already exist to reduce incidence of communicable diseases among children, mothers, and infants. The promotion of vaccines for immunization, and salts for oral rehydration, therefore, is an essential feature of the health assistance program. To this end, the Congress expects the agency primarily responsible for administering subchapter I of this chapter to set as a goal the protection of not less than 80 percent of all children, in those countries in which such agency has established development programs, from immunizable diseases by January 1, 1991. Of the aggregate amounts made available for fiscal year 1987 to carry out paragraph (2) of this subsection (relating to the Child Survival Fund) and to carry out subsection (c) of this section (relating to development assistance for health), $50,000,000 shall be used to carry out this paragraph.
(d) Administration of assistance
(1) Assistance under this part shall be administered so as to give particular attention to the interrelationship between (A) population growth, and (B) development and overall improvement in living standards in developing countries, and to the impact of all programs, projects, and activities on population growth. All appropriate activities proposed for financing under this part shall be designed to build motivation for smaller families through modification of economic and social conditions supportive of the desire for large families, in programs such as education in and out of school, nutrition, disease control, maternal and child health services, improvements in the status and employment of women, agricultural production, rural development, and assistance to the urban poor, and through community-based development programs which give recognition to people motivated to limit the size of their families. Population planning programs shall be coordinated with other programs aimed at reducing the infant mortality rate, providing better nutrition for pregnant women and infants, and raising the standard of living of the poor.
(2) Since the problems of malnutrition, disease, and rapid population growth are closely related, planning for assistance to be provided under subsections (b) and (c) of this section and under
(3) Assistance provided under this section shall emphasize low-cost integrated delivery systems for health, nutrition, and family planning for the poorest people, with particular attention to the needs of mothers and young children, using paramedical and auxiliary medical personnel, clinics and health posts, commercial distribution systems, and other modes of community outreach.
(e) Research and analysis
(1) Health and population research and analysis carried out under this chapter shall—
(A) be undertaken to the maximum extent practicable in developing countries by developing country personnel, linked as appropriate with private and governmental biomedical research facilities within the United States;
(B) take account of the special needs of the poor people of developing countries in the determination of research priorities; and
(C) make extensive use of field testing to adapt basic research to local conditions.
(2) The President is authorized to study the complex factors affecting population growth in developing countries and to identify factors which might motivate people to plan family size or to space their children.
(f) Prohibition on use of funds for performance or research respecting abortions or involuntary sterilization
(1) None of the funds made available to carry out subchapter I of this chapter may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.
(2) None of the funds made available to carry out subchapter I of this chapter may be used to pay for the performance of involuntary sterilizations as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations.
(3) None of the funds made available to carry out subchapter I of this chapter may be used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.
(g) Authorization of appropriations
(1) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(A) $290,000,000 for fiscal year 1986 and $290,000,000 for fiscal year 1987 to carry out subsection (b) of this section; and
(B) $205,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987 to carry out subsection (c) of this section.
(2) Funds appropriated under this subsection are authorized to remain available until expended.
(
References in Text
This chapter, referred to in subsec. (e)(1), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Amendment by
Amendments
1986—Subsec. (c)(2)(B).
Subsec. (c)(3).
Subsec. (g)(1)(B).
1985—Subsec. (c)(2)(B).
Subsec. (c)(3).
Subsec. (g).
1984—Subsec. (c).
1981—Subsec. (f)(3).
Subsec. (g).
1980—Subsec. (b).
Subsec. (g).
1979—Subsec. (d)(1).
Subsec. (g)(1).
Subsec. (g)(2).
1978—
1977—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1975—Subsec. (a).
Subsec. (b).
1974—
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 103(d) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Progress Report on Implementation of Immunization and Oral Rehydration Promotion Programs
Section 305(b) of
Section Referred to in Other Sections
This section is referred to in
§2151c. Education and human resources development
(a) General authority
In order to reduce illiteracy, to extend basic education and to increase manpower training in skills related to development, the President is authorized to furnish assistance on such terms and conditions as he may determine, for education, public administration, and human resource development. There are authorized to be appropriated to the President for the purposes of this section, in addition to funds otherwise available for such purposes, $180,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987, which are authorized to remain available until expended.
(b) Scope of assistance programs
Assistance provided under this section shall be used primarily to expand and strengthen nonformal education methods, especially those designed to improve productive skills of rural families and the urban poor and to provide them with useful information; to increase the relevance of formal education systems to the needs of the poor, especially at the primary level, through reform of curricula, teaching materials, and teaching methods, and improved teacher training; and to strengthen the management capabilities of institutions which enable the poor to participate in development. Assistance under this section shall also be provided for advanced education and training of people of developing countries in such disciplines as are required for planning and implementation of public and private development activities.
(
Amendments
1990—Subsec. (b).
1986—Subsec. (b).
Subsec. (b)(2)(C)(i).
1985—Subsec. (a).
1981—Subsec. (a).
1980—Subsec. (a).
1979—Subsec. (a).
Subsec. (b).
Subsec. (c).
1978—Subsec. (a).
1977—Subsec. (a).
Subsec. (c).
1975—Subsec. (a).
Subsecs. (b), (c),
1974—
Effective Date of 1986 Amendment
Section 1(c) of
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151d. Development of indigenous energy resources
(a) Congressional statement of findings
(1)(A) The Congress finds that energy development and production are vital elements in the development process, that energy shortages in developing countries severely limit the development process in such countries, that two-thirds of the developing countries which import oil depend on it for at least 90 percent of the energy which their economies require, and that the dramatic increase in world oil prices since 1973 has resulted in considerable economic hardship for many developing countries. The Congress is concerned that the value and purpose of much of the assistance provided to developing countries under
(B) The Congress recognizes that many developing countries lack access to the financial resources and technology necessary to locate, explore, and develop indigenous energy resources.
(C) The Congress declares that there is potential for at least a moderate increase by 1990 in the production of energy for commercial use in the developing countries which are not members of the Organization of Petroleum Exporting Countries. In addition, there is a compelling need for vigorous efforts to improve the available data on the location, scale, and commercial exploitability of potential oil, natural gas, and coal reserves in developing countries, especially those which are not members of the Organization of Petroleum Exporting Countries. The Congress further declares that there are many benefits to be gained by the developing countries and by the United States and other developed countries through expanded efforts to expedite the location, exploration, and development of potential sources of energy in developing countries. These benefits include, but are not limited to, the following:
(i) The world's energy supply would be increased and the fear of abrupt depletion would be lessened with new energy production. This could have a positive impact upon energy prices in international markets as well as a positive effect upon the balance of payments problems of many developing countries.
(ii) Diversification of the world's supplies of energy from fossil fuels would make all countries, developing and developed, less susceptible to supply interruptions and arbitrary production and pricing policies.
(iii) Even a moderate increase in energy production in the developing countries would improve their ability to expand commercial trade, foreign investment, and technology transfer possibilities with the United States and other developed countries.
(D) Assistance for the production of energy from indigenous resources, as authorized by subsection (b) of this section, would be of direct benefit to the poor in developing countries because of the overwhelming impact of imported energy costs upon the lives of the poor and their ability to participate in development.
(2) The Congress also finds that energy production from renewable, decentralized sources and energy conservation are vital elements in the development process. Inadequate access by the poor to energy sources as well as the prospect of depleted fossil fuel reserves and higher energy prices require an enhanced effort to expand the energy resources of developing countries through greater emphasis on renewable sources. Renewable and decentralized energy technologies have particular applicability for the poor, especially in rural areas.
(b) General assistance authority; cooperative programs in energy production and conservation; program goals
(1) In order to help developing countries alleviate their energy problems by improving their ability to use indigenous energy resources to produce the energy needed by their economies, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to enable such countries to prepare for and undertake development of their energy resources. Such assistance may include data collection and analysis, the training of skilled personnel, research on and development of suitable energy sources, and pilot projects to test new methods of energy production.
(2) The President is authorized to furnish assistance under this part for cooperative programs with developing countries in energy production and conservation, through research on and development and use of small-scale, decentralized, renewable energy sources for rural areas carried out as integral parts of rural development efforts in accordance with
(c) Administrative coordination of planning and implementation of programs
The agency primarily responsible for administering subchapter I of this chapter and the Department of Energy shall coordinate with one another, to the maximum extent possible, the planning and implementation of energy programs under this part.
(d) Assistance for programs of technical cooperation and development, research, etc.
The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the following activities, to the extent that such activities are not authorized by
(1) programs of technical cooperation and development, particularly the development efforts of United States private and voluntary agencies and regional and international development organizations;
(2) programs of research into, and evaluation of, the process of economic development in less developed countries and areas, into the factors affecting the relative success and costs of development activities, and into the means, techniques, and such other aspects of development assistance as the President may determine in order to render such assistance of increasing value and benefit;
(3) programs of reconstruction following natural or manmade disasters and programs of disaster preparedness, including the prediction of and contingency planning for natural disasters abroad;
(4) programs designed to help solve special development problems in the poorest countries and to make possible proper utilization of infrastructure and related projects funded with earlier United States assistance; and
(5) programs of urban development, with particular emphasis on small, labor intensive enterprises, marketing systems for small producers, and financial and other institutions which enable the urban poor to participate in the economic and social development of their country.
(e) Authorization of appropriations
(1) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $207,000,000 for fiscal year 1986 and $207,000,000 for fiscal year 1987.
(2) Amounts appropriated under this section are authorized to remain available until expended.
(f) Financing cooperative projects among United States, Israel, and developing countries
Of the amounts authorized to be appropriated to carry out this part, $5,000,000 for fiscal year 1986 and $5,000,000 for fiscal year 1987 shall be used to finance cooperative projects among the United States, Israel, and developing countries.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Prior Provisions
A prior section 2151d,
Amendments
1985—Subsec. (b)(1).
Subsec. (e)(1).
Subsec. (f).
1981—Subsec. (d)(3).
Subsec. (e)(1).
1980—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1979—Subsecs. (a), (b).
Subsec. (c).
Subsec. (d).
1978—Subsec. (b).
1977—Subsec. (b).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151e. Appropriate technology
(a) In carrying out activities under this part, the President shall place special emphasis on the use of relatively smaller, cost-saving, labor-using technologies that are generally most appropriate for the small farms, small businesses, and small incomes of the poor.
(b) Funds made available to carry out this part should be used to the extent practicable for activities in the field of appropriate technology, including support of an expanded and coordinated private effort to promote the development and dissemination of appropriate technology in developing countries.
(
Prior Provisions
A prior section 2151e,
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2151f. Private sector revolving fund
(a) Establishment
The Congress finds that the development of private enterprise, including cooperatives, 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. It is therefore in the best interests of the United States to assist the development of the private sector in developing countries and to engage the United States private sector in that process. In order to promote such private sector development, the President is authorized to establish a revolving fund account in the United States Treasury. All funds deposited in such account shall, notwithstanding any provision in an appropriation Act to the contrary, be free from fiscal year limitations.
(b) Funding
Of the funds made available under this part in each of the fiscal years 1986 and 1987, up to $18,000,000 may be deposited in this account. Such funds used in accordance with the policies and authorities of this section shall be in addition to other funds available for private sector activities under other authorities in this chapter. Any reflows and income arising from activities carried out pursuant to this section, including loan repayments and fee income (as provided in subsection (e) of this section), shall be deposited into the revolving fund and remain available to carry out the purposes of this section. All funds in such account may be invested in obligations of the United States.
(c) Authorized uses; determination of small business enterprise; maximum amounts available; interest rate
(1) The agency primarily responsible for administering subchapter I of this chapter is authorized to use the funds maintained in this revolving fund account to furnish assistance in furtherance of the policy of subsection (a) of this section on such terms and conditions as it may determine. Amounts in the revolving fund account shall be available for obligation for assistance under this section only to such extent as may be provided in advance in appropriation Acts. Assistance may be provided under this section without regard to section 1 2354(a) and 2370(r) of this title.
(2) Assistance under this section may be provided only to support private sector activities which—
(A) are consistent with the United States development assistance policies set forth in
(B) are the types of activities for which assistance may be provided under
(C) will have a demonstration effect;
(D) will be innovative;
(E) are financially viable;
(F) will maximize the development impact appropriate to the host country, particularly in employment and the use of appropriate technology; and
(G) are primarily directed to making available to small business enterprises and cooperatives necessary support and services which are not otherwise generally available.
In determining whether an enterprise is a small business enterprise, the agency primarily responsible for administering subchapter I of this chapter shall take into consideration the enterprise's total net fixed assets and number of employees, together with the relevant definition utilized by the host country government and the International Bank for Reconstruction and Development and other international organizations.
(3)(A) Not more than $3,000,000 may be made available under this section to support any one project.
(B) Not more than 50 per centum of the financial support for any project may be provided under this section, and a substantial portion of the financial support for a project assisted under this section must be provided by sources within the host country.
(C) Not more than 20 per centum of the assets of the revolving fund account under this section may be used to support projects in any one country.
(D) In order to maximize the impact on institution building, loans under this section shall be made primarily to intermediary entities which provide necessary support and services for private sector activities.
(E) Loans under this section shall be at or near the interest rate otherwise available to the recipient.
(d) Remittance of excess assets
(1) If at any time the assets of the revolving fund account exceeds $100,000,000, the President shall remit the amount in excess of $100,000,000 to the United States Treasury.
(2) As used in this section, "assets" includes amounts in the revolving fund account plus the value of investments made with amounts from the fund plus the current value of outstanding obligations under loans under this section.
(3) In addition to the requirement of paragraph (1), at the end of any fiscal year, the agency primarily responsible for administering subchapter I of this chapter may determine that amounts in the revolving fund are sufficient to permit the remittance to the United States Treasury of an amount equal to a portion or the total amount of appropriated funds deposited in the revolving fund. Any such remittance shall be deemed to be a decrease in the appropriated funds in the revolving fund. After remittance has been made of an amount equal to the total amount of appropriated funds, the revolving fund shall consist and be deemed to consist entirely of nonappropriated funds.
(e) Fee for carrying out activities
A fee may be charged, where appropriate, in carrying out activities with funds from the revolving fund authorized in this section. The amount of any such fee shall be determined by the agency primarily responsible for administering subchapter I of this chapter.
(f) Transfer of unobligated funds upon termination
In the event the revolving fund is terminated, all unobligated money in the fund at the time of such termination shall be transferred to and become part of the miscellaneous receipts account of the Treasury.
(g) Inclusion of proposed projects in annual congressional presentation documents
As part of its annual congressional presentation documents submitted to the Congress, the agency primarily responsible for administering subchapter I of this chapter shall include a description of projects proposed to be funded from the revolving fund account for that fiscal year. To the extent that projects are proposed for funding which are not contained in the annual congressional presentation documents, at least fifteen days advance notification shall be provided to the Congress in accordance with
(h) Annual report to Congress
Not later than December 31 of each year, the President shall submit to the Congress a comprehensive report which details all projects funded under this section during the previous fiscal year, all reflows to the revolving fund account, a status report on all projects currently contained in the fund's portfolio. Such reports shall include, but not be limited to, information regarding numbers and kinds of beneficiaries reached, amounts and kinds of benefits provided by the funded projects to targeted populations, and a justification for projects within the context of the goals and objectives of the United States development assistance program.
(i) Loan guarantees
(1) To carry out the purposes of subsection (a) of this section, in addition to the other authorities set forth in this section, the agency primarily responsible for administering subchapter I of this chapter is authorized to issue guarantees on such terms and conditions as it shall determine assuring against losses incurred in connection with loans made to projects that meet the criteria set forth in subsection (c) of this section. The full faith and credit of the United States is hereby pledged for the full payment and performance of such guarantees.
(2) Loans guaranteed under this subsection shall be on such terms and conditions as the agency may prescribe, except for the following:
(A) The agency shall issue guarantees only when it is necessary to alleviate a credit market imperfection.
(B) Loans guaranteed shall provide for complete amortization within a period not to exceed ten years or, if the principal purpose of the guaranteed loan is to finance the construction or purchase of a physical asset with a useful life of less than ten years, within a period not to exceed such useful life.
(C) No loan guaranteed to any one borrower may exceed 50 percent of the cost of the activity to be financed, or $3,000,000, whichever is less, as determined by the agency.
(D) No loan may be guaranteed unless the agency determines that the lender is responsible and that adequate provision is made for servicing the loan on reasonable terms and protecting the financial interest of the United States.
(E) The fees earned from the loan guarantees issued under this subsection shall be deposited in the revolving fund account as part of the guarantee reserve established under paragraph (5) of this subsection. Fees shall be assessed at a level such that the fees received, plus the funds from the revolving fund account placed in the guarantee reserve, satisfy the requirements of paragraph (5). Fees shall be reviewed every twelve months to ensure that the fees assessed on new loan guarantees are at the required level.
(F) Any guarantee shall be conclusive evidence that such guarantee has been properly obtained, and that the underlying loan as contracted qualifies for such guarantee. Except for fraud or material misrepresentation for which the parties seeking payment under such guarantee are responsible, such guarantee shall be presumed to be valid, legal, and enforceable.
(G) The agency shall determine that the standards used by the lender for assessing the credit risk of new and existing guaranteed loans are reasonable. The agency shall require that there be a reasonable assurance of repayment before credit assistance is extended.
(H) Commitments to guarantee loans may be made by the agency only to the extent that the total loan principal, any part of which is guaranteed, will not exceed the amount specified in annual appropriations Acts.
(3) To the extent that fees are not sufficient as specified under paragraph (2)(E) to cover expected future liabilities, appropriations are authorized to maintain an appropriate reserve.
(4) The losses guaranteed under this subsection may be in dollars or in other currencies. In the case of loans in currencies other than dollars, the guarantees issued shall be subject to an overall payment limitation expressed in dollars.
(5) The agency shall segregate in the revolving fund account and hold as a reserve an amount estimated to be sufficient to cover the agency's expected net liabilities on the loan guarantees outstanding under this subsection; except that the amount held in reserve shall not be less than 25 percent of the principal amount of the agency's outstanding contingent liabilities on such guarantees. Any payments made to discharge liabilities arising from the loan guarantees shall be paid first out of the assets in the revolving fund account and next out of other funds made available for this purpose.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Sections 2151a Through 2151d Deemed To Include Section 2293
References to
Codification
Section 108 of
Prior Provisions
A prior section 2151f,
Amendments
1988—Subsec. (i).
1985—Subsec. (b).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
1 So in original. Probably should be "sections".
§2151g. Transfer of funds
Whenever the President determines it to be necessary for the purposes of this part, not to exceed 15 per centum of the funds made available for any provision of this part may be transferred to, and consolidated with, the funds made available for any other provision of this part, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The authority of
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1978—
1977—
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151h. Cost-sharing
No assistance shall be furnished by the United States Government to a country under
(
References to Sections 2151a Through 2151d Deemed To Include Section 2293
References to
Amendments
1985—
1978—Subsec. (a).
Subsec. (b).
1977—Subsec. (a).
Subsec. (b).
1975—Subsec. (a).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151i. 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 chapter for technical and capital assistance in the development and use of cooperatives in the less developed countries which will enable and encourage greater numbers of the poor to help themselves toward a better life.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1979—
1977—
1975—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 107(b) of
§2151j. Repealed. Pub. L. 93–559, §30(b), Dec. 30, 1974, 88 Stat. 1804
Section,
§2151k. Integrating women into national economies; report
(a) Particular programs, projects, and activities
In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process of the national economies of such countries, subchapter I of this chapter shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of developing countries, thus improving their status and assisting the total development effort.
(b) Assistance to encourage participation and integration of women; prohibition against separate assistance program for women
(1) Up to $10,000,000 of the funds made available each fiscal year under this part and part X of this subchapter shall be used, in addition to funds otherwise available for such purposes, for assistance on such terms and conditions as the President may determine to encourage and promote the participation and integration of women as equal partners in the development process in the developing countries. These funds shall be used primarily to support activities which will increase the economic productivity and income earning capacity of women.
(2) Nothing in this section shall be construed to authorize the establishment of a separate development assistance program for women.
(c) Funds for United Nations Decade for Women
Not less than $500,000 of the funds made available under this part for the fiscal year 1982 shall be expended on international programs which support the original goals of the United Nations Decade for Women.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1990—Subsec. (b)(1).
1981—Subsec. (c).
1979—Subsec. (b).
Subsec. (c).
Subsec. (d).
1978—Subsec. (d).
1977—
1975—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§§2151l, 2151m. Repealed. Pub. L. 95–424, title I, §§102(f), 104(b), Oct. 6, 1978, 92 Stat. 942 , 947
Section 2151l,
Section 2151m,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2151n. Human rights and development assistance
(a) Violations barring assistance; assistance for needy people
No assistance may be provided under subchapter I of this chapter to the government of any country which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country.
(b) 1 Information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance
In determining whether this standard is being met with regard to funds allocated under subchapter I of this chapter, the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives may require the Administrator primarily responsible for administering subchapter I of this chapter to submit in writing information demonstrating that such assistance will directly benefit the needy people in such country, together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of how such assistance will directly benefit the needy people in such country. If either committee or either House of Congress disagrees with the Administrator's justification it may initiate action to terminate assistance to any country by a concurrent resolution under
(b) 1 Protection of children from exploitation
No assistance may be provided to any government failing to take appropriate and adequate measures, within their means, to protect children from exploitation, abuse or forced conscription into military or paramilitary services.
(c) Factors considered
In determining whether or not a government falls within the provisions of subsection (a) of this section and in formulating development assistance programs under subchapter I of this chapter, the Administrator shall consider, in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor and in consultation with the Ambassador at Large for International Religious Freedom—
(1) the extent of cooperation of such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States;
(2) specific actions which have been taken by the President or the Congress relating to multilateral or security assistance to a less developed country because of the human rights practices or policies of such country; and
(3) whether the government—
(A) has engaged in or tolerated particularly severe violations of religious freedom, as defined in
(B) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom (as defined in
(d) Report to Speaker of House and Committee on Foreign Relations of the Senate
The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 25 of each year, a full and complete report regarding—
(1) the status of internationally recognized human rights, within the meaning of subsection (a) of this section—
(A) in countries that receive assistance under subchapter I of this chapter, and
(B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this chapter;
(2) wherever applicable, practices regarding coercion in population control, including coerced abortion and involuntary sterilization;
(3) the status of child labor practices in each country, including—
(A) whether such country has adopted policies to protect children from exploitation in the workplace, including a prohibition of forced and bonded labor and policies regarding acceptable working conditions; and
(B) the extent to which each country enforces such policies, including the adequacy of the resources and oversight dedicated to such policies;
(4) the votes of each member of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission's annual session during the period covered during the preceding year;
(5) the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement;
(6) the steps the Administrator has taken to alter United States programs under subchapter I of this chapter in any country because of human rights considerations;
(7) wherever applicable, violations of religious freedom, including particularly severe violations of religious freedom (as defined in
(8) wherever applicable, consolidated information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States instrument of ratification to that convention and section 2(a) of the Genocide Convention Implementation Act of 1987).
(e) Promotion of civil and political rights
The President is authorized and encouraged to use not less than $3,000,000 of the funds made available under this part, part X of this subchapter, and part IV of subchapter II of this chapter for each fiscal year for studies to identify, and for openly carrying out programs and activities which will encourage or promote increased adherence to civil and political rights, including the right to free religious belief and practice, as set forth in the Universal Declaration of Human Rights, in countries eligible for assistance under this part or under part X of this subchapter, except that funds made available under part X of this subchapter may only be used under this subsection with respect to countries in sub-Saharan Africa. None of these funds may be used, directly or indirectly, to influence the outcome of any election in any country.
(f) Country reports on human rights practices
(1) The report required by subsection (d) of this section shall include—
(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).
(
References in Text
Section 2(a) of the Genocide Convention Implementation Act of 1987, referred to in subsec. (d)(8), probably means section 2(a) of the Genocide Convention Implementation Act of 1987 (the Proxmire Act),
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
The amendment by section 102(d)(1) of
Amendments
1999—Subsec. (d)(8).
Subsec. (f).
1998—Subsec. (c).
Subsec. (c)(3).
Subsec. (d).
Subsec. (d)(3) to (5).
Subsec. (d)(6).
Subsec. (d)(7).
Subsec. (e).
1996—Subsec. (d)(3) to (5).
1994—Subsec. (b).
Subsec. (c).
1993—Subsec. (e).
Subsecs. (f), (g).
1990—Subsec. (b).
Subsec. (e)(1).
1987—Subsec. (d).
1986—Subsec. (e)(2)(A).
Subsec. (f).
Subsec. (f)(2)(B).
Subsec. (g).
1983—Subsec. (e).
1981—Subsec. (e).
1980—Subsec. (a).
Subsec. (e).
1979—Subsec. (d)(1).
Subsec. (e).
1978—Subsec. (e).
1977—Subsec. (c).
Subsec. (d).
Subsec. (e).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Assistance for Promoting Religious Freedom
"(1) In many nations where severe violations of religious freedom occur, there is not sufficient statutory legal protection for religious minorities or there is not sufficient cultural and social understanding of international norms of religious freedom.
"(2) Accordingly, in the provision of foreign assistance, the United States should make a priority of promoting and developing legal protections and cultural respect for religious freedom."
Report on Human Rights to Committees on Appropriations
Report on Impact on Foreign Relations of United States of Reports on Human Rights Practices of Foreign Governments
Section 504(b) of
Cross References
Advancement of human rights by United States assistance policies with international financial institutions, see
Implementation of United States policy opposing the practice of torture by foreign governments, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Two subsecs. (b) have been enacted.
2 So in original. Probably should be followed by a semicolon.
§2151n–1. Repealed. Pub. L. 103–236, title I, §139(4), Apr. 30, 1994, 108 Stat. 397
Section,
§2151o. Repealed. Pub. L. 103–149, §4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505
Section,
A prior section 2151o,
§2151p. Environmental and natural resources
(a) Congressional statement of findings
The Congress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. The Congress also finds that the world faces enormous, urgent, and complex problems, with respect to natural resources, which require new forms of cooperation between the United States and developing countries to prevent such problems from becoming unmanageable. It is, therefore, in the economic and security interest of the United States to provide leadership both in thoroughly reassessing policies relating to natural resources and the environment, and in cooperating extensively with developing countries in order to achieve environmentally sound development.
(b) Assistance authority and emphasis
In order to address the serious problems described in subsection (a) of this section, the President is authorized to furnish assistance under subchapter I of this chapter for developing and strengthening the capacity of developing countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible to restore the land, vegetation, water, wildlife, and other resources upon which depend economic growth and human well-being, especially of the poor.
(c) Implementation considerations applicable to programs and projects
(1) The President, in implementing programs and projects under this part and part X of this subchapter, shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. Subject to such procedures as the President considers appropriate, the President shall require all agencies and officials responsible for programs or projects under this part and part X of this subchapter—
(A) to prepare and take fully into account an environmental impact statement for any program or project under this part and part X of this subchapter significantly affecting the environment of the global commons outside the jurisdiction of any country, the environment of the United States, or other aspects of the environment which the President may specify; and
(B) to prepare and take fully into account an environmental assessment of any proposed program or project under this part and part X of this subchapter significantly affecting the environment of any foreign country.
Such agencies and officials should, where appropriate, use local technical resources in preparing environmental impact statements and environmental assessments pursuant to this subsection.
(2) The President may establish exceptions from the requirements of this subsection for emergency conditions and for cases in which compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Other sections 117 of
Amendments
1990—Subsec. (c)(1).
1986—Subsec. (d).
1981—
1979—Subsec. (c).
1978—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151p–1. Tropical forests
(a) Importance of forests and tree cover
In enacting
(1) result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and
(2) can result in desertification and destabilization of the earth's climate.
Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as well as genetic resources of value to developed and developing countries alike.
(b) Priorities
The concerns expressed in subsection (a) of this section and the recommendations of the United States Interagency Task Force on Tropical Forests shall be given high priority by the President—
(1) in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to private sector activities; and
(2) in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries.
(c) Assistance to developing countries
In providing assistance to developing countries, the President shall do the following:
(1) Place a high priority on conservation and sustainable management of tropical forests.
(2) To the fullest extent feasible, engage in dialogues and exchanges of information with recipient countries—
(A) which stress the importance of conserving and sustainably managing forest resources for the long-term economic benefit of those countries, as well as the irreversible losses associated with forest destruction, and
(B) which identify and focus on policies of those countries which directly or indirectly contribute to deforestation.
(3) To the fullest extent feasible, support projects and activities—
(A) which offer employment and income alternatives to those who otherwise would cause destruction and loss of forests, and
(B) which help developing countries identify and implement alternatives to colonizing forested areas.
(4) To the fullest extent feasible, support training programs, educational efforts, and the establishment or strengthening of institutions which increase the capacity of developing countries to formulate forest policies, engage in relevant land-use planning, and otherwise improve the management of their forests.
(5) To the fullest extent feasible, help end destructive slash-and-burn agriculture by supporting stable and productive farming practices in areas already cleared or degraded and on lands which inevitably will be settled, with special emphasis on demonstrating the feasibility of agroforestry and other techniques which use technologies and methods suited to the local environment and traditional agricultural techniques and feature close consultation with and involvement of local people.
(6) To the fullest extent feasible, help conserve forests which have not yet been degraded, by helping to increase production on lands already cleared or degraded through support of reforestation, fuelwood, and other sustainable forestry projects and practices, making sure that local people are involved at all stages of project design and implementation.
(7) To the fullest extent feasible, support projects and other activities to conserve forested watersheds and rehabilitate those which have been deforested, making sure that local people are involved at all stages of project design and implementation.
(8) To the fullest extent feasible, support training, research, and other actions which lead to sustainable and more environmentally sound practices for timber harvesting, removal, and processing, including reforestation, soil conservation, and other activities to rehabilitate degraded forest lands.
(9) To the fullest extent feasible, support research to expand knowledge of tropical forests and identify alternatives which will prevent forest destruction, loss, or degradation, including research in agroforestry, sustainable management of natural forests, small-scale farms and gardens, small-scale animal husbandry, wider application of adopted traditional practices, and suitable crops and crop combinations.
(10) To the fullest extent feasible, conserve biological diversity in forest areas by—
(A) supporting and cooperating with United States Government agencies, other donors (both bilateral and multilateral), and other appropriate governmental, intergovernmental, and nongovernmental organizations in efforts to identify, establish, and maintain a representative network of protected tropical forest ecosystems on a worldwide basis;
(B) whenever appropriate, making the establishment of protected areas a condition of support for activities involving forest clearance or degradation; and
(C) helping developing countries identify tropical forest ecosystems and species in need of protection and establish and maintain appropriate protected areas.
(11) To the fullest extent feasible, engage in efforts to increase the awareness of United States Government agencies and other donors, both bilateral and multilateral, of the immediate and long-term value of tropical forests.
(12) To the fullest extent feasible, utilize the resources and abilities of all relevant United States Government agencies.
(13) Require that any program or project under this part significantly affecting tropical forests (including projects involving the planting of exotic plant species)—
(A) be based upon careful analysis of the alternatives available to achieve the best sustainable use of the land, and
(B) take full account of the environmental impacts of the proposed activities on biological diversity,
as provided for in the environmental procedures of the Agency for International Development.
(14) Deny assistance under this part for—
(A) the procurement or use of logging equipment, unless an environmental assessment indicates that all timber harvesting operations involved will be conducted in an environmentally sound manner which minimizes forest destruction and that the proposed activity will produce positive economic benefits and sustainable forest management systems; and
(B) actions which significantly degrade national parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas.
(15) Deny assistance under this part for the following activities unless an environmental assessment indicates that the proposed activity will contribute significantly and directly to improving the livelihood of the rural poor and will be conducted in an environmentally sound manner which supports sustainable development:
(A) Activities which would result in the conversion of forest lands to the rearing of livestock.
(B) The construction, upgrading, or maintenance of roads (including temporary haul roads for logging or other extractive industries) which pass through relatively undegraded forest lands.
(C) The colonization of forest lands.
(D) The construction of dams or other water control structures which flood relatively undegraded forest lands.
(d) PVOs and other nongovernmental organizations
Whenever feasible, the President shall accomplish the objectives of this section through projects managed by private and voluntary organizations or international, regional, or national nongovernmental organizations which are active in the region or country where the project is located.
(e) Country analysis requirements
Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—
(1) the actions necessary in that country to achieve conservation and sustainable management of tropical forests, and
(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified.
(f) Annual report
Each annual report required by
(
Prior Provisions
A prior section 118 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151q. Endangered species
(a) Congressional findings and purposes
The Congress finds the survival of many animal and plant species is endangered by over-hunting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. The Congress further finds that the extinction of animal and plant species is an irreparable loss with potentially serious environmental and economic consequences for developing and developed countries alike. Accordingly, the preservation of animal and plant species through the regulation of the hunting and trade in endangered species, through limitations on the pollution of natural ecosystems, and through the protection of wildlife habitats should be an important objective of the United States development assistance.
(b) Remedial measures
In order to preserve biological diversity, the President is authorized to furnish assistance under subchapter I of this chapter, notwithstanding
(c) Funding level
For fiscal year 1987, not less than $2,500,000 of the funds available to carry out subchapter I of this chapter (excluding funds made available to carry out
(d) Country analysis requirements
Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—
(1) the actions necessary in that country to conserve biological diversity, and
(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified.
(e) Local involvement
To the fullest extent possible, projects supported under this section shall include close consultation with and involvement of local people at all stages of design and implementation.
(f) PVOs and other nongovernmental organizations
Whenever feasible, the objectives of this section shall be accomplished through projects managed by appropriate private and voluntary organizations, or international, regional, or national nongovernmental organizations, which are active in the region or country where the project is located.
(g) Actions by AID
The Administrator of the Agency for International Development shall—
(1) cooperate with appropriate international organizations, both governmental and nongovernmental;
(2) look to the World Conservation Strategy as an overall guide for actions to conserve biological diversity;
(3) engage in dialogues and exchanges of information with recipient countries which stress the importance of conserving biological diversity for the long-term economic benefit of those countries and which identify and focus on policies of those countries which directly or indirectly contribute to loss of biological diversity;
(4) support training and education efforts which improve the capacity of recipient countries to prevent loss of biological diversity;
(5) whenever possible, enter into long-term agreements in which the recipient country agrees to protect ecosystems or other wildlife habitats recommended for protection by relevant governmental or nongovernmental organizations or as a result of activities undertaken pursuant to paragraph (6), and the United States agrees to provide, subject to obtaining the necessary appropriations, additional assistance necessary for the establishment and maintenance of such protected areas;
(6) support, as necessary and in cooperation with the appropriate governmental and nongovernmental organizations, efforts to identify and survey ecosystems in recipient countries worthy of protection;
(7) cooperate with and support the relevant efforts of other agencies of the United States Government, including the United States Fish and Wildlife Service, the National Park Service, the Forest Service, and the Peace Corps;
(8) review the Agency's environmental regulations and revise them as necessary to ensure that ongoing and proposed actions by the Agency do not inadvertently endanger wildlife species or their critical habitats, harm protected areas, or have other adverse impacts on biological diversity (and shall report to the Congress within a year after October 24, 1986, on the actions taken pursuant to this paragraph);
(9) ensure that environmental profiles sponsored by the Agency include information needed for conservation of biological diversity; and
(10) deny any direct or indirect assistance under this part for actions which significantly degrade national parks or similar protected areas or introduce exotic plants or animals into such areas.
(h) Annual reports
Each annual report required by
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Prior Provisions
A prior section 2151q,
Amendments
1989—Subsec. (b).
1986—Subsec. (c).
Subsec. (d).
Subsecs. (e) to (h).
Short Title
For short title of title VII of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Increased International Cooperation To Protect Biological Diversity
Section Referred to in Other Sections
This section is referred to in
§2151r. Sahel development program; planning
(a) Congressional support
The Congress reaffirms its support of the initiative of the United States Government in undertaking consultations and planning with the countries concerned, with other nations providing assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and support of a comprehensive long-term African Sahel development program.
(b) Presidential authorization
The President is authorized to develop a long-term comprehensive development program for the Sahel and other drought-stricken nations in Africa.
(c) Presidential guidelines
In developing this long-term program, the President shall—
(1) consider international coordination for the planning and implementation of such program;
(2) seek greater participation and support by African countries and organizations in determining development priorities; and
(3) begin such planning immediately.
(
Codification
Section was formerly classified to
Amendments
1978—Subsec. (d).
1977—
1975—
Subsec. (a).
Subsecs. (b) to (d).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2151s. Repealed. Pub. L. 101–513, title V, §562(d)(5), Nov. 5, 1990, 104 Stat. 2031
Section,
§2151t. Development assistance authority
(a) Authority of President to furnish assistance
In order to carry out the purposes of this part, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities.
(b) Authority of President to make loans; terms and conditions
The President is authorized to make loans payable as to principal and interest in United States dollars on such terms and conditions as he may determine, in order to promote the economic development of countries and areas, with emphasis upon assisting long-range plans and programs designed to develop economic resources and increase productive capacities. The President shall determine the interest payable on any loan. In making loans under this part, the President shall consider the economic circumstances of the borrower and other relevant factors, including the capacity of the recipient country to repay the loan at a reasonable rate of interest, except that loans may not be made at a rate of interest of less than 3 per centum per annum commencing not later than ten years following the date on which the funds are initially made available under the loan, during which ten-year period the rate of interest shall not be lower than 2 per centum per annum, nor higher than the applicable legal rate of interest of the country in which the loan is made.
(c) Dollar receipts from loans to be paid into Treasury
Dollar receipts paid during any fiscal year from loans made under subchapter I of this chapter or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts.
(d) Assistance to research and educational institutions in United States; limitation on amounts
Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this part may be used for assistance, on such terms and conditions as the President may determine, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned with the economic and social development of developing countries.
(e) Development Loan Committee; establishment; duties; appointment of officers
The President shall establish an interagency Development Loan Committee, consisting of such officers from such agencies of the United States Government as he may determine, which shall, under the direction of the President, establish standards and criteria for lending operations under this part in accordance with the foreign and financial policies of the United States. Except in the case of officers serving in positions to which they were appointed by the President by and with the advice and consent of the Senate, officers assigned to the Committee shall be so assigned by the President by and with the advice and consent of the Senate.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Prior Provisions
Subsec. (b) of this section consists of provisions formerly contained in subsections (b), (c), and (d) of
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2151t–1. Establishment of program
(a) In general
In carrying out part I of the Foreign Assistance Act of 1961 [
(1) developing and strengthening laws and regulations to protect intellectual property; and
(2) developing the infrastructure necessary to implement and enforce such laws and regulations.
(b) Participation of other agencies
The Administrator of the United States Agency for International Development—
(1) shall utilize the expertise of the Patent and Trademark Office and other agencies of the United States Government in designing and implementing the program of assistance provided for in this section;
(2) shall coordinate assistance under this section with efforts of other agencies of the United States Government to increase international protection of intellectual property, including implementation of international agreements containing high levels of protection of intellectual property; and
(3) shall consult with the heads of such other agencies in determining which foreign countries will receive assistance under this section.
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a), is
Codification
Section was enacted as part of the Jobs Through Trade Expansion Act of 1994, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2151u. Private and voluntary organizations and cooperatives in overseas development
(a) Congressional finding of importance of participation by private and voluntary organizations
The Congress finds that the participation of rural and urban poor people in their countries' development can be assisted and accelerated in an effective manner through an increase in activities planned and carried out by private and voluntary organizations and cooperatives. Such organizations and cooperatives, embodying the American spirit of self-help and assistance to others to improve their lives and incomes, constitute an important means of mobilizing private American financial and human resources to benefit poor people in developing countries. The Congress declares that it is in the interest of the United States that such organizations and cooperatives expand their overseas development efforts without compromising their private and independent nature. The Congress further declares that the financial resources of such organizations and cooperatives should be supplemented by the contribution of public funds for the purpose of undertaking development activities in accordance with the principles set forth in
(b) Payment of transportation charges on shipments by American National Red Cross and United States voluntary agencies
In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation of friendly peoples, the President is authorized to use funds made available for the purposes of this part and part X of this subchapter to pay transportation charges on shipments by the American National Red Cross and by United States voluntary agencies registered with the Agency for International Development.
(c) Reimbursement for transportation charges
Reimbursement under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports.
(d) Arrangements with receiving country for free entry of shipments and for availability of local currency to defray transportation costs
Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee.
(e) Continuation of support for programs in countries antedating prohibitions on assistance; national interest considerations; report to Congress
Prohibitions on assistance to countries contained in this chapter or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering subchapter I of this chapter in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation.
(f) Funds for private and voluntary organizations
For each of the fiscal years 1986 through 1989, funds in an amount not less than thirteen and one half percent of the aggregate amount appropriated for that fiscal year to carry out sections 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2151s,1 and 2292 of this title shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than 16 percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under part IV of subchapter II of this chapter for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.
(g) Repealed. Pub. L. 105–277, div. A, §101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150 , 2681-156
(h) Promotion of democratic cooperatives
The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this part shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.
(
References in Text
This chapter, referred to in subsec. (e), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1998—Subsec. (g).
1990—Subsec. (b).
Subsec. (g).
1985—Subsec. (e).
Subsec. (f).
Subsec. (h).
1981—Subsecs. (f), (g).
1980—Subsec. (a).
Subsec. (e).
1979—Subsec. (b).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Private and Volunteer Organizations
Similar provisions were contained in the following prior appropriation acts:
Study and Report Concerning Use of Private and Voluntary Organizations, Cooperatives, and Private Sector
Section 311 of
"(a)
"(1) an analysis of the percentage of development assistance allocated to governmental and nongovernmental programs;
"(2) an analysis of structural impediments, within both the United States and foreign governments, to additional use of nongovernmental programs; and
"(3) an analysis of the comparative economic benefits of governmental and nongovernmental programs.
"(b)
African Development Foundation
Section 122 of
"(a) The Congress declares that the United States should place higher priority on the formulation and implementation of policies and programs to enable the people of African nations to develop their potential, fulfill their aspirations, and enjoy better, more productive lives. In furtherance of these objectives, the Congress finds that additional support is needed for community-based self-help activities in Africa and that an African Development Foundation, organized to further the purposes set forth in section 123 of the Foreign Assistance Act of 1961 [this section], can complement current United States development programs in Africa.
"(b) [Repealed.
1 See References in Text note below.
§2151v. Aid to relatively least developed countries
(a) Characterization of least developed countries
Relatively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of "least developed countries") are characterized by extreme poverty, very limited infrastructure, and limited administrative capacity to implement basic human needs growth strategies. In such countries special measures may be necessary to insure the full effectiveness of assistance furnished under subchapter I of this chapter.
(b) Assistance on grant basis
For the purpose of promoting economic growth in these countries, the President is authorized and encouraged to make assistance under this part available on a grant basis to the maximum extent that is consistent with the attainment of United States development objectives.
(c) Waiver of principal and interest on prior liability
(1) The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. Therefore, notwithstanding
(A) may permit a relatively least developed country to place amounts, which would otherwise be paid to the United States as payments on principal or interest on liability incurred by that country under subchapter I of this chapter (or any predecessor legislation) into local currency accounts (in equivalent amounts of local currencies as determined by the official exchange rate for United States dollars) for use by the relatively least developed country, with the concurrence of the Administrator of the agency primarily responsible for administering subchapter I of this chapter, for activities which are consistent with
(B) may waive interest payments on liability incurred by a relatively least developed country under subchapter I of this chapter (or any predecessor legislation) if the President determines that that country would be unable to use for development purposes the equivalent amounts of local currencies which could be made available under subparagraph (A).
(2) The aggregate amount of interest waived and interest and principal paid into local currency accounts under this subsection in any fiscal year may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this part for that fiscal year, which amount may not exceed the amount authorized to be so approved by the annual authorizing legislation for development assistance programs. Amounts due and payable during fiscal year 1981 to the United States from relatively least developed countries on loans made under this subchapter (or any predecessor legislation) are authorized to be approved for use, in accordance with the provisions of paragraph (1) of this subsection, in an amount not to exceed $10,845,000.
(3) In exercising the authority granted by this subsection, the President should act in concert with other creditor countries.
(d) Waiver of requirement of contribution
The President may on a case-by-case basis waive the requirement of
(e) Waiver of time limitations on aid
(
References in Text
Section 321 of the International Development and Food Assistance Act of 1975, referred to in subsec. (c)(1), is section 321 of
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1980—Subsec. (c)(2).
1979—Subsec. (c)(2).
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section 112(a)(2) of
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Presidential Authority During Fiscal Years 1990 and 1991
§2151w. Project and program evaluations
(a) The Administrator of the agency primarily responsible for administering subchapter I of this chapter is directed to improve the assessment and evaluation of the programs and projects carried out by that agency under this part. The Administrator shall consult with the appropriate committees of the Congress in establishing standards for such evaluations.
(b) Repealed.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1981—Subsec. (b).
Effective Date
Section effective Oct. 1, 1978, see section 605 of
§2151x. Development and illicit narcotics production
(a) Congressional statement of findings
The Congress recognizes that illicit narcotics cultivation is related to overall development problems and that the vast majority of all individuals employed in the cultivation of illicit narcotics reside in the developing countries and are among the poorest of the poor in those countries and that therefore the ultimate success of any effort to eliminate illicit narcotics production depends upon the availability of alternative economic opportunities for those individuals, upon other factors which assistance under this part could address, as well as upon direct narcotics control efforts.
(b) Program planning priorities; resource utilization
(1) In planning programs of assistance under this part, and part X of this subchapter, and under part IV of subchapter II of this chapter for countries in which there is illicit narcotics cultivation, the agency primarily responsible for administering subchapter I of this chapter should give priority consideration to programs which would help reduce illicit narcotics cultivation by stimulating broader development opportunities.
(2) The agency primarily responsible for administering subchapter I of this chapter may utilize resources for activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.
(c) Administrative requirements
In furtherance of the purposes of this section, the agency primarily responsible for administering subchapter I of this chapter shall cooperate fully with, and share its expertise in development matters with, other agencies of the United States Government involved in narcotics control activities abroad.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1990—Subsec. (b)(1).
1985—Subsec. (b).
Effective Date of 1985 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1979, see section 512(a) of
§2151x–1. Assistance for agricultural and industrial alternatives to narcotics production
(a) Waiver of restrictions
For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide assistance to a foreign country under
(b) Effective date
Subsection (a) of this section applies with respect to funds made available for fiscal year 1991 or any fiscal year thereafter.
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a), is
Codification
Section was enacted as part of the International Narcotics Control Act of 1990, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2151x–2. Assistance in furtherance of narcotics control objectives of United States
(a) Waiver of certain restrictions
For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide economic assistance for a country which, because of its coca production, is a major illicit drug producing country (as defined in section 481(i)(2) 1 of the Foreign Assistance Act of 1961 (
(b) Description of restrictions waived
The provisions of law made inapplicable by subsection (a) of this section are any other provisions of law that would otherwise restrict the use of economic assistance funds with respect to the production, processing, or marketing of agricultural commodities (or the products thereof) or other products, including sections 521, 546, and 547 (but excluding section 510) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, and comparable provisions of subsequent Acts appropriating funds for foreign operations, export financing, and related programs.
(c) "Economic assistance" defined
As used in this section, the term "economic assistance" means assistance under
(
References in Text
The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, referred to in subsec. (b), is
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (c), is
Codification
Section was enacted as part of the Agricultural Development and Trade Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
1 See References in Text note below.
§2151y. Accelerated loan repayments; annual review of countries with bilateral concessional loan balances; priority of determinations respecting negotiations with countries having balances; criteria for determinations
The Administrator of the agency primarily responsible for administering subchapter I of this chapter shall conduct an annual review of bilateral concessional loan balances and shall determine and identify those countries whose financial resources make possible accelerated loan repayments. In particular, European countries that were recipients of concessional loans by predecessor agencies to the agency primarily responsible for administering subchapter I of this chapter shall be contacted to negotiate accelerated repayments. The criteria used by the Administrator in making these determinations shall be established in conjunction with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date
Section effective Oct. 1, 1979, see section 512(a) of
Negotiating Efforts Concerning Accelerated Loan Repayments To Be Included in Annual Reports on Foreign Assistance for 1980 and 1981
Section 508(b) of
§2151z. Targeted assistance
(a) Determination of target populations and strengthening United States assistance
The President shall use poverty measurement standards, such as those developed by the International Bank for Reconstruction and Development, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assistance under this part directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty.
(b) Ultimate beneficiaries of activities
To the maximum extent possible, activities under this part that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority.
(
Amendments
1985—
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Report of Administrator of Agency for International Development to Congress by June 21, 1983, on Implementation of Section
Section 101(b)(2) of
§2151aa. Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries
(a) Establishment of program
(1) In general
Not later than 150 days after October 21, 1998, the Secretary of the Treasury, after consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries.
(2) Role of Secretary of State
The Secretary of State shall provide foreign policy guidance to the Secretary to ensure that the program established under this subsection is effectively integrated into the foreign policy of the United States.
(b) Conduct of program
(1) In general
In carrying out the program established under subsection (a) of this section, the Secretary shall provide economic and financial technical assistance to foreign governments and foreign central banks of developing and transitional countries by providing advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries to promote macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable private sector growth.
(2) Additional requirements
To the extent practicable, such technical assistance shall be designed to establish—
(A) tax systems that are fair, objective, and efficiently gather sufficient revenues for governmental operations;
(B) debt issuance and management programs that rely on market forces;
(C) budget planning and implementation that permits responsible fiscal policy management;
(D) commercial banking sector development that efficiently intermediates between savers and investors; and
(E) financial law enforcement to protect the integrity of financial systems, financial institutions, and government programs.
(c) Administrative requirements
In carrying out the program established under subsection (a) of this section, the Secretary—
(1) shall establish a methodology for identifying and selecting foreign governments and foreign central banks to receive assistance under the program;
(2) prior to selecting a foreign government or foreign central bank to receive assistance under the program, shall receive the concurrence of the Secretary of State with respect to the selection of such government or central bank and with respect to the cost of the assistance to such government or central bank;
(3) shall consult with the heads of appropriate Executive agencies of the United States, including the Secretary of State and the Administrator of the United States Agency for International Development, and appropriate international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance;
(4) shall ensure that the program is consistent with the International Affairs Strategic Plan and Mission Performance Plan of the United States Agency for International Development;
(5) shall establish and carry out a plan to evaluate the program.
(d) Administrative authorities
In carrying out the program established under subsection (a) of this section, the Secretary shall have the following administrative authorities:
(1) The Secretary may provide allowances and benefits under
(2)(A) The Secretary may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out this section, including any advance to the United States Government by any country or international organization for the procurement of commodities, supplies, or services.
(B) Such funds shall be available for obligation and expenditure for the purposes for which such funds were authorized, in accordance with authority granted in this section or under authority governing the activities of the agency of the United States Government to which such funds are allocated or transferred.
(3) Appropriations for the purposes of or pursuant to this section, and allocations to any agency of the United States Government from other appropriations for functions directly related to the purposes of this section, shall be available for—
(A) contracting with individuals for personal services abroad, except that such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Office of Personnel Management;
(B) the purchase and hire of passenger motor vehicles, except that passenger motor vehicles may be purchased only—
(i) for use in foreign countries; and
(ii) if the Secretary or the Secretary's designee has determined that the vehicle is necessary to accomplish the mission;
(C) the purchase of insurance for official motor vehicles acquired for use in foreign countries;
(D)(i) the rent or lease outside the United States, not to exceed 5 years, of offices, buildings, grounds, and quarters, including living quarters to house personnel, consistent with the relevant interagency housing board policy, and payments therefor in advance;
(ii) maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government outside the United States; and
(iii) costs of insurance, fuel, water, and utilities for such properties;
(E) expenses of preparing and transporting to their former homes or places of burial the remains of foreign participants or members of the family of foreign participants, who may die while such participants are away from their homes participating in activities carried out with funds covered by this section;
(F) notwithstanding any other provision of law, transportation and payment of per diem in lieu of subsistence to foreign participants engaged in activities of the program under this section while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations;
(G) expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stop-overs while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more economical to authorize storage; and
(H) grants to, and cooperative agreements and contracts with, any individual, corporation, or other body of persons, nonprofit organization, friendly government or government agency, whether within or without the United States, and international organizations, as the Secretary determines is appropriate to carry out the purposes of this section.
(4) Whenever the Secretary determines it to be consistent with the purposes of this section, the Secretary is authorized to furnish services and commodities on an advance-of-funds basis to any friendly country or international organization that is not otherwise prohibited from receiving assistance under this chapter. Such advances may be credited to the currently applicable appropriation, account, or fund of the Department of the Treasury and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.
(e) Issuance of regulations
The Secretary is authorized to issue such regulations with respect to personal service contractors as the Secretary deems necessary to carry out this section.
(f) Rule of construction
Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in
(g) Termination of assistance
The Secretary shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) of this section if the Secretary, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner.
(h) Report
(1) In general
Not later than 3 months after October 21, 1998, and every 6 months thereafter, the Secretary shall prepare and submit to the appropriate congressional committees a report on the conduct of the program established under this section during the preceding 6-month period.
(2) Definition
In this subsection, the term "appropriate congressional committees" means—
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(i) Definitions
In this section:
(1) Developing or transitional country
The term "developing or transitional country" means a country eligible to receive development assistance under this part.
(2) International financial institution
The term "international financial institution" means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa.
(3) Secretary
The term "Secretary" means the Secretary of the Treasury.
(4) Technical assistance
The term "technical assistance" includes—
(A) the use of short-term and long-term expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1) of this section;
(B) training in the recipient country, the United States, or elsewhere for the purposes described in subsection (b)(1) of this section;
(C) grants of goods, services, or funds to foreign governments and foreign central banks;
(D) grants to United States nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and
(E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such officials.
(5) Foreign participant
The term "foreign participant" means the national of a developing or transitional country that is receiving assistance under the program established under subsection (a) of this section who has been designated to participate in activities under such program.
(j) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999.
(2) Availability of amounts
Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended.
(
References in Text
The Foreign Service Act of 1980, referred to in subsec. (d)(1), is
This chapter, referred to in subsec. (d)(4), was in the original "this Act", meaning
Codification
Another section 129 of
§2152. Assistance for victims of torture
(a) In general
The President is authorized to provide assistance for the rehabilitation of victims of torture.
(b) Eligibility for grants
Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture.
(c) Use of funds
Such assistance shall be available—
(1) for direct services to victims of torture; and
(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b) of this section, for the purpose of enabling such providers to provide the services described in paragraph (1).
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Torture Victims Relief; Effective Date
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Torture Victims Relief Act of 1998'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people.
"(2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations.
"(3) By eliminating the leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy.
"(4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duty to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression.
"(5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities.
"(6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture.
"(7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture.
"(8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world.
"SEC. 3. DEFINITION.
"As used in this Act, the term 'torture' has the meaning given the term in
"SEC. 4. FOREIGN TREATMENT CENTERS.
"(a)
"(b)
"(1)
"(2)
"(c)
"SEC. 5. DOMESTIC TREATMENT CENTERS.
"(a)
"(1) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture.
"(2) Social and legal services for victims of torture.
"(3) Research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide the services described in paragraph (1).
"(b)
"(1)
"(2)
"SEC. 6. MULTILATERAL ASSISTANCE.
"(a)
"(1)
"(2)
"(b)
"(c)
"(1) request the Fund—
"(A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and
"(B) to encourage the development of new such centers and programs;
"(2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
"(3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country.
"SEC. 7. SPECIALIZED TRAINING FOR FOREIGN SERVICE OFFICERS.
"(a)
"(1) the identification of torture;
"(2) the identification of the surrounding circumstances in which torture is most often practiced;
"(3) the long-term effects of torture upon a victim;
"(4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and
"(5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience.
"(b)
Part II—Other Programs
subpart i—multilateral and regional development programs
§§2161, 2162. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2161,
Section 2162,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2163. Repealed. Pub. L. 93–189, §3(b), Dec. 17, 1973, 87 Stat. 717
Section,
Effective Date of Repeal
Repeal effective July 1, 1975, see section 3(b) of
§2164. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2165. Repealed. Pub. L. 92–226, pt. I, §101(d), Feb. 7, 1972, 86 Stat. 21
Section,
§2166. 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.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
African Assistance Policy; Presidential Report to Congress
Portuguese African Territories of Angola, Mozambique, and Guinea-Bissau: Independence Policy
"(a)(1) Congress finds that the Government of Portugal's recognition of the right to independence of the African territories of Angola, Mozambique, and Guinea-Bissau marks a significant advance toward the goal of self-determination for all the peoples of Africa, without which peace on the continent is not secure.
"(2) Congress finds that progress toward independence for the Portuguese African territories will have a significant impact on the international organizations and the community of nations.
"(3) Congress commends the Portuguese Government's initiatives on these fronts as evidence of a reaffirmation of that Government's support for her obligations under both the United Nations Charter and the North Atlantic Treaty Organization.
"(b) Therefore, Congress calls upon the President and the Secretary of State to take the following actions designed to make clear United States support for a peaceful and orderly transition to independence in the Portuguese African territories:
"(1) An official statement should be issued of United States support for the independence of Angola, Mozambique and Guinea-Bissau, and of our desire to have good relations with the future governments of the countries.
"(2) It should be made clear to the Government of of Portugal that we view the efforts toward a peaceful and just settlement of the conflict in the African territories as consistent with Portugal's obligations under the North Atlantic Treaty Organization partnership.
"(3) The United States should encourage United Nations support for a peaceful transition to independence, negotiated settlement of all differences, and the protection of human rights of all citizens of the three territories.
"(4) The United States should open a dialog with potential leaders of Angola, Mozambique, and Guinea-Bissau and assure them of our commitment to their genuine political and economic independence.
"(5) The economic development needs of the three territories will be immense when independence is achieved. Therefore, it is urged that the United States Agency for International Development devote attention to assessing the economic situation in Angola, Mozambique, and Guinea-Bissau and be ready to cooperate with the future governments in providing the kind of assistance that will help make their independence viable. In addition, the United States Government should take the initiative among other donors, both bilateral and multilateral, in seeking significant contribution of development assistance for the three territories.
"(6) In light of the need of Angola, Mozambique, and Guinea-Bissau for skilled and educated manpower, a priority consideration should be given to expanding current United States programs of educational assistance to the territories as a timely and substantive contribution to their independence.
"(c) [Repealed.
Executive Order No. 12599
Ex. Ord. No. 12599, June 23, 1987, 52 F.R. 23779, which established the Coordinating Committee for Sub-Saharan Africa and assigned its functions in order to establish procedures for development of a common long-term goal for all United States economic programs and policies in Sub-Saharan Africa, was revoked by Ex. Ord. No. 13118, §10(3), Mar. 31, 1999, 64 F.R. 16598.
§§2167, 2168. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2167,
Section 2168,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2169. Multilateral, regional, and bilateral programs
(a) Multilateral programs
The Congress recognizes that the planning and administration of development assistance by, or under the sponsorship of the United Nations, multilateral lending institutions, and other multilateral organizations may contribute to the efficiency and effectiveness of that assistance through participation of other donors in the development effort, improved coordination of policies and programs, pooling of knowledge, avoidance of duplication of facilities and manpower, and greater encouragement of self-help performance.
(b) Regional programs
It is further the sense of the Congress (1) that where problems or opportunities are common to two or more countries in a region, in such fields as agriculture, education, transportation, communications, power, watershed development, disease control, and establishment of development banks, these countries often can more effectively resolve such problems and exploit such opportunities by joining together in regional organizations or working together on regional programs, (2) that assistance often can be utilized more efficiently in regional programs than in separate country programs, and (3) that to the maximum extent practicable consistent with the purposes of this chapter assistance under this chapter should be furnished so as to encourage less developed countries to cooperate with each other in regional development programs.
(c) Federal funds to multilateral lending institutions and multilateral organizations for loans to foreign countries; increase
It is the sense of the Congress that the President should increase, to the extent practicable, the funds provided by the United States to multilateral lending institutions and multilateral organizations in which the United States participates for use by such institutions and organizations in making loans to foreign countries.
(d) Transfer of funds; use of international or multilateral lending organizations
In furtherance of the provisions of subsection (a) of this section, any funds appropriated under subchapter I of this chapter may be transferred by the President to the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation, the Asian Development Bank or other multilateral lending institutions and multilateral organizations in which the United States participates for the purpose of providing funds to enable any such institution or organization to make loans to foreign countries.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1975—Subsec. (c).
1972—Subsec. (a).
Subsecs. (c), (d).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Establishment of Standard Governing Allocation of Development Assistance for Production and Export of Commodities in Surplus in World Market; Presidential Initiation of International Consultations; Report by President to Congress
Policy With Respect to Countries Most Seriously Affected by Food Shortages; Presidential Reports to Congress
"(1) Review and make appropriate adjustments in the level of programming of our food and fertilizer assistance programs with the aim of increasing to the maximum extent feasible the volume of food and fertilizer available to those countries most seriously affected by current food shortages.
"(2) Call upon all traditional and potential new donors of food, fertilizer, or the means of financing these commodities to immediately increase their participation in efforts to address the emergency food needs of the developing world.
"(3) Make available to these most seriously affected countries the maximum feasible volume of food commodities, with appropriate regard to the current domestic price and supply situations.
"(4) Maintain regular and full consultation with the appropriate committees of the Congress and report to the Congress and the Nation on steps which are being taken to help meet this food emergency. In accordance with this provision, the President shall report to the Congress on a global assessment of food needs for fiscal year 1975, specifying expected food grain deficits and currently planned programming of food assistance, and steps which are being taken to encourage other countries to increase their participation in food assistance or the financing of food assistance. Such report should reach the Congress promptly and should be supplemented quarterly for the remainder of fiscal year 1975.
"(5) The Congress directs that during the fiscal year ending June 30, 1975, not more than 30 percent of concessional food aid should be allocated to countries other than those which are most seriously affected by current food shortages, unless the President demonstrates to the appropriate Committees of the Congress that the use of such food assistance is solely for humanitarian food purposes.
"(6) The Congress calls upon the President to proceed with the implementation of resolutions and recommendations adopted by the World Food Conference. The Congress believes that it is incumbent upon the United States to take a leading role in assisting in the development of a viable and coherent world food policy which would begin the task of alleviating widespread hunger and suffering prevalent in famine-stricken nations. The President shall report to the Congress within 120 days of enactment of this Act [Dec. 30, 1974] on the implementation of the resolutions and the extent to which the United States is participating in the implementation of resolutions adopted at the World Food Conference."
subpart ii—american schools and hospitals abroad; prototype desalting plants
Subpart Referred to in Other Sections
This subpart is referred to in
§§2171, 2172. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2171,
Section 2172,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2173. Repealed. Pub. L. 87–565, pt. I, §103(c), Aug. 1, 1962, 76 Stat. 256
Section,
§2174. American schools, libraries, and hospital centers abroad
(a) Assistance for schools and libraries
The President is authorized to furnish assistance, on such terms and conditions as he may specify, to schools and libraries outside the United States founded or sponsored by United States citizens and serving as study and demonstration centers for ideas and practices of the United States.
(b) Assistance for hospital centers
The President is authorized, notwithstanding the provisions of the Mutual Defense Assistance Control Act of 1951 [
(c) Authorization of appropriations
(1) To carry out the purposes of this section, there are authorized to be appropriated to the President $35,000,000 for fiscal year 1986 and $35,000,000 for fiscal year 1987.
(2) Amounts appropriated under paragraph (1) are authorized to remain available until expended.
(d) Pediatric plastic and reconstructive surgery centers
Notwithstanding the provisions of subsection (b) of this section, funds appropriated under this section may be used for assistance to centers for pediatric plastic and reconstructive surgery established by Children's Medical Relief International, except that assistance may not be furnished for the domestic operations of any such center located in the United States, its territories or possessions.
(
References in Text
The Mutual Defense Assistance Control Act of 1951, referred to in subsec. (b), is act Oct. 26, 1951, ch. 575,
Amendments
1985—Subsec. (c).
1981—Subsec. (c).
1980—Subsec. (c).
1979—Subsec. (c).
1978—Subsec. (c).
Subsecs. (d) to (f).
1977—Subsec. (c).
Subsec. (d).
Subsec. (f).
1975—Subsec. (c).
Subsec. (d).
1973—Subsec. (c).
Subsec. (d).
Subsec. (e).
1972—Subsec. (c).
1969—Subsec. (c).
Subsec. (d).
1968—Subsec. (c).
Subsec. (d).
1967—Subsec. (c).
Subsec. (d).
1966—Subsec. (b).
Subsec. (c).
Subsec. (d).
1965—Subsec. (b).
Subsec. (c).
1964—Subsec. (c).
1963—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 116(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2175. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2175a. Repealed. Pub. L. 97–113, title VII, §734(a)(8), Dec. 29, 1981, 95 Stat. 1560
Section,
§§2176 to 2178. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2176,
Section 2177,
Section 2178,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2179. Prototype desalting plant
(a) Assistance in development
In furtherance of the purposes of subchapter I of this chapter and for the purpose of improving existing, and developing and advancing new, technology and experience in the design, construction, and operation of large-scale desalting plants of advanced concepts which will contribute materially to low-cost desalination in all countries, including the United States, the President, if he determines it to be feasible, is authorized to participate in the development of a large-scale water treatment and desalting prototype plant and necessary appurtenances to be constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President deems appropriate to provide for the study, design, construction, and, for a limited demonstration period of not to exceed five years, operation and maintenance of the water treatment and desalting facilities of the dual-purpose project.
(b) Terms and conditions
Any agreement entered into under subsection (a) of this section shall include such terms and conditions as the President deems appropriate to insure, among other things, that all information, products, uses, processes, patents, and other developments obtained or utilized in the development of this prototype plant will be available without further cost to the United States for the use and benefit of the United States throughout the world, and to insure that the United States, its officers, and employees have a permanent right to review data and have access to such plant for the purpose of observing its operations and improving science and technology in the field of desalination.
(c) Contracts
In carrying out the provisions of this section, the President may enter into contracts with public or private agencies and with any person without regard to section 3324(a) and (b) of title 31 and
(d) Patents
Nothing in this section shall be construed as intending to deprive the owner of any background patent or any right which such owner may have under that patent.
(e) Federal agencies
In carrying out the provisions of this section, the President may utilize the personnel, services, and facilities of any Federal agency.
(f) Authorization of appropriations
The United States costs, other than its administrative costs, for the study, design, construction, and operation of a prototype plant under this section shall not exceed either 50 per centum of the total capital costs of the facilities associated with the production of water, and 50 per centum of the operation and maintenance costs for the demonstration period, or $20,000,000, whichever is less. There are authorized to be appropriated, subject to the limitations of this subsection, such sums as may be necessary to carry out the provisions of this section, including administrative costs thereof. Such sums are authorized to remain available until expended.
(g) Restrictions on appropriations
No funds appropriated for the Office of Water Research and Technology pursuant to the appropriation authorized by the Act of July 11, 1969 (
(
References in Text
Act of July 11, 1969, referred to in subsec. (g), is
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
In subsec. (c), "section 3324(a) and (b) of title 31" substituted for reference to section 3648 of the Revised Statutes (
Change of Name
Office of Water Research and Technology formed through merger of Office of Saline Water and Office of Water Resources Research by order of Secretary of the Interior, Ord. No. 2966, July 26, 1974.
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 35 section 210.
§§2180, 2180a. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2180,
Section 2180a,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
subpart iii—shelter and other credit guaranty programs
Subpart Referred to in Other Sections
This subpart is referred to in
§2181. Policy
The Congress recognizes that shelter, including essential urban development services, is among the most fundamental of human needs. Shelter for most people in the developing countries consists largely of domestic materials assembled by local labor. While recognizing that most financing for such shelter must come from domestic resources, the Congress finds that carefully designed programs involving United States capital and expertise can increase the availability of domestic financing for improved shelter and related services for low-income people by demonstrating to local entrepreneurs and institutions that providing low-cost shelter can be financially viable. The Congress reaffirms, therefore, that the United States should continue to assist developing countries in marshalling resources for low-cost shelter. Particular attention should be given to programs which will support pilot projects for low-cost shelter or which will have a maximum demonstration impact on local institutions and national policy. The Congress declares that the long run goal of all such programs should be to develop domestic construction capabilities and to stimulate local credit institutions to make available domestic capital and other management and technological resources required for effective low-cost shelter programs and policies.
(
Codification
Amendment by
Prior Provisions
A prior section 221 of
Amendments
1984—
1978—
1977—
1975—
1974—
1973—
1972—
Effective Date of 1978 Amendment
Amendment by
Use of Funds From Sale of Notes for Discharge of Liabilities Under Guaranties; Transfer of Funds and Cancellation of Notes and Interest
Section Referred to in Other Sections
This section is referred to in
§2182. Authorization for worldwide shelter guarantees
(a) Authorization to issue guarantees to eligible investors
To carry out the policy of
(b) Emphasis on certain activities
Activities carried out under this section shall emphasize—
(1) projects which provide improved home sites to poor families on which to build shelter, and related services;
(2) projects comprised of expandable core shelter units on serviced sites;
(3) slum upgrading projects designed to conserve and improve existing shelter;
(4) shelter projects for low-income people designed for demonstration or institution building purposes; and
(5) community facilities and services in support of projects authorized under this section to improve the shelter occupied by the poor.
(c) Use of solar energy technology
In issuing guaranties under this section with respect to projects in a country which require the use or conservation of energy, the President shall give consideration to the use of solar energy technologies, where such technologies are economically and technically feasible. Technologies which may be used include solar hot water systems, solar heating and cooling, passive solar heating, biomass conversion, photovoltaic and wind applications, and community-scale solar thermal applications.
(k) 1 Minimum annual program levels
The total principal amount of guaranties issued under this section for each of the fiscal years 1986 and 1987 shall be comparable to the total principal amount of such guaranties issued for fiscal year 1984, subject to the dollar limitations on the issuance of guaranties under this section which are contained in subsection (a) of this section and in appropriation Acts.
(
Codification
Amendment by
Prior Provisions
A prior section 222 of
Amendments
1990—Subsec. (a).
1989—Subsec. (a).
1987—Subsec. (a).
1985—Subsec. (a).
Subsec. (k).
1984—Subsec. (a).
1981—Subsec. (a).
1979—Subsec. (a).
1978—
1977—Subsec. (c).
1975—Subsec. (c).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 So in original. No subsecs. (d) to (j) have been enacted.
§2182a. Agricultural and productive credit and self-help community development programs
(a) Financing pilot programs; scope
It is the sense of the Congress that in order to stimulate the participation of the private sector in the economic development of less-developed countries, the authority conferred by this section should be used to establish pilot programs to encourage private banks, credit institutions, similar private lending organizations, cooperatives, and private nonprofit development organizations to make loans on reasonable terms to organized groups and individuals residing in a community for the purpose of enabling such groups and individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. Agricultural credit and assistance for self-help community development projects should include, but not be limited to, material and such projects as wells, pumps, farm machinery, improved seed, fertilizer, pesticides, vocational training, food industry development, nutrition projects, improved breeding stock for farm animals, sanitation facilities, and looms and other handicraft aids.
(b) Guaranties; percentage limitation
To carry out the purposes of subsection (a) of this section, the agency primarily responsible for administering subchapter I of this chapter is authorized to issue guaranties, on such terms and conditions as it shall determine, to private lending institutions, cooperatives, and private nonprofit development organizations assuring against loss of not to exceed 50 per centum of the portfolio of such loans made by any lender to organized groups or individuals residing in a community to enable such groups or individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. In no event shall the liability of the United States exceed 75 per centum of any one loan.
(c) Total and individual amount of guaranties
The total face amount of guaranties issued under this section outstanding at any one time shall not exceed $20,000,000. Not more than 10 per centum of such sum shall be provided for any one institution, cooperative, or organization.
(d) Inter-American Foundation consultations
The Inter-American Foundation shall be consulted in developing criteria for making loans eligible for guaranty coverage in Latin America under this section.
(e) Guaranty reserve
Not to exceed $3,000,000 of the guaranty reserve established under
(f) Administrative and operating expenses; funds
Funds held by the Overseas Private Investment Corporation pursuant to
(g) Transfer of Overseas Private Investment Corporation's obligations and assets
The Overseas Private Investment Corporation shall, upon enactment of this subsection, transfer to the agency primarily responsible for administering subchapter I of this chapter all obligations, assets, and related rights and responsibilities arising out of, or related to the predecessor program provided for in
(h) Termination of authority
The authority of this section shall continue through September 30, 1988.
(i) Excess foreign currencies; use
Notwithstanding the limitation in subsection (c) of this section, foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States may be utilized to carry out the purposes of this section, including the discharge of liabilities under this subsection. The authority conferred by this subsection shall be in addition to authority conferred by any other provision of law to implement guaranty programs utilizing excess local currency.
(
Repeal of Subsection (d)
For repeal of subsection (d) of this section by
References in Text
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Amendment by
Amendments
1985—Subsec. (h).
1984—Subsec. (a).
Subsec. (b).
Subsec. (h).
1983—Subsec. (h).
1979—Subsec. (a).
Subsec. (c).
Subsec. (h).
1978—Subsec. (h).
Subsec. (j).
1977—Subsec. (h).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2183. General provisions
(a) Fees; determination by President; reduction
A fee shall be charged for each guaranty issued under
(b) Accumulated and existing fees; expenditure of fees; revolving fund account; investments; use of investment income
The amount of $50,000,000 of fees accumulated under prior investment guaranty provisions repealed by the Foreign Assistance Act of 1969, together with all fees collected in connection with guaranties issued under
(c) Priorities of funds for guaranty payments
Any payments made to discharge liabilities under guaranties issued under
(d) Guaranties as obligations backed by full faith and credit of United States
All guaranties issued under section 2182 or 2182a, or previously under
(e) Authorization of appropriations; borrowing authority
(1) There is hereby authorized to be appropriated to the President such amounts, to remain available until expended, as may be necessary from time to time to carry out the purposes of this subpart.
(2)(A) In order to meet obligations incurred for the payment of claims pursuant to loan guaranties described in subsection (d) of this section, the Administrator of the agency primarily responsible for administering subchapter I of this chapter may, to the extent that reserves are not sufficient, borrow from time to time from the Treasury, except that—
(i) the Administrator may exercise the authority to borrow under this paragraph only to such extent or in such amounts as are provided in advance in appropriation Acts; and
(ii) the amount borrowed under this paragraph which is outstanding at any one time may not exceed $100,000,000.
(B) Any such borrowing shall bear interest at a rate determined by the Secretary of the Treasury, taking into account the current average market yield on outstanding marketable obligations of the United States of comparable maturities. The Secretary of the Treasury shall make loans under this paragraph and for such purpose may borrow on the credit of the United States in accordance with subchapter I of
(f) Agency determination of maximum rate of interest
In the case of any loan investment guaranteed under
(g) Guaranties under prior acts
Housing guaranties committed, authorized, or outstanding heretofore under this subpart or under prior housing guaranty authorities repealed by the Foreign Assistance Act of 1969 shall continue subject to provisions of law originally applicable thereto and fees collected hereafter with respect to such guaranties shall be available for the purposes specified in subsection (b) of this section.
(h) Fraud or misrepresentation
No payment may be made under any guaranty issued pursuant to this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(i) Repealed. Pub. L. 95–424, title I, §115(i), Oct. 6, 1978, 92 Stat. 952
(j) Guaranties for housing projects; percentage requirement for families with income below median income
Guaranties shall be issued under
(
References in Text
The Foreign Assistance Act of 1969, referred to in subsecs. (b), (c), (d), and (g), is
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of this subchapter are deemed to include a reference to
Codification
Amendment by
Prior Provisions
A prior section 223 of
Amendments
1998—Subsec. (j).
1987—Subsec. (e)(2)(A)(ii).
1984—Subsec. (e).
1981—Subsec. (b).
1979—Subsec. (f).
Subsec. (j).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (f).
Subsec. (g).
Subsec. (i).
Subsec. (j).
1977—Subsec. (b).
Subsec. (i).
Subsec. (j).
1976—Subsec. (j).
1975—Subsec. (i).
Subsec. (j).
1974—Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (i).
1973—Subsec. (i).
1972—Subsec. (i).
Effective Date of 1984 Amendment
Section 311(d) of H.R. 5119, as passed by the House of Representatives on May 10, 1984, and enacted into permanent law by section 101(1) [title V, §541(a)] of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2184. Trade credit insurance program for Central America
(a) Guarantees to Export-Import Bank; financial transactions with private sector in Central American countries
In order to enable the Export-Import Bank of the United States (hereafter in this section referred to as the "Bank") to determine that there exists reasonable assurance of repayment as required under section 2(b)(1)(B) of the Export-Import Bank Act of 1945 [
(b) Extent of guarantees; agreements; reserve fund
(1) Guarantees provided by the Agency pursuant to the authority of subsection (a) of this section shall be for short-term guarantees and insurance extended by the Bank which shall be repayable within a period not to exceed one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance. Guarantees or insurance extended by the Bank and guaranteed by the Agency pursuant to subsection (a) of this section shall be provided by the Bank in accordance with criteria and procedures agreed to by the Agency and the Bank. Such agreement shall also provide for the establishment of a reserve fund by the Agency, with such funds made available to the reserve as the Agency deems necessary to discharge liabilities under guarantees provided by the Agency pursuant to subsection (a) of this section.
(2) The Administrator of such agency shall transmit a copy of such agreement to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(c) Deadline for guarantee commitments
The Agency shall not enter into any commitments to guarantee under subsection (a) of this section after September 30, 1991.
(d) Availability of appropriated funds
Of the funds authorized to be appropriated for part IV of subchapter II of this chapter, there are authorized to be made available such sums as may be deemed necessary by the Agency to discharge liabilities under guarantees entered into under subsection (a) of this section.
(e) Guarantee commitments limit
Commitments to guarantee under subsection (a) of this section are authorized only to the extent and in the amounts provided in appropriations Acts, except that the aggregate amount of outstanding commitments under subsection (a) of this section may not exceed $300,000,000 of contingent liability for loan principal during fiscal year 1986 and may not exceed $400,000,000 of contingent liability for loan principal during fiscal year 1987.
(f) Credits to reserve fund
To the extent that any of the funds made available pursuant to subsection (d) of this section are paid out for a claim arising out of liabilities guaranteed under subsection (a) of this section, amounts received after the date of such payment, with respect to such claim, shall be credited to the reserve fund referred to in subsection (b) of this section, shall be merged with the funds in such reserve, and shall be available for the purpose of payments by the Agency to the Bank for guarantees under subsection (a) of this section.
(g) Reports to Congress
Beginning on a date six months after October 12, 1984, and at intervals of six months thereafter, the administrator of the agency primarily responsible for administering subchapter I of this chapter and the President of the Export-Import Bank of the United States 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) Administrative and technical assistance
The Export-Import Bank shall provide without reimbursement such administrative and technical assistance to the Agency as the Bank and the Agency deem appropriate to assist the Agency in carrying out this section.
(
References in Text
The Export-Import Bank Act of 1945, referred to in subsec. (a), is act July 31, 1945, ch. 341,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Section 224 of
Prior Provisions
A prior section 224 of
Amendments
1990—Subsec. (c).
1989—
Subsec. (c).
1985—Subsec. (e).
Effective Date of 1985 Amendment
Amendment by
§2185. Trade credit insurance program for Poland
(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 (
(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 [
(b) Guarantees available only for short-term guarantees and insurance
Guarantees provided under subsection (a) of this section shall be for short-term guarantees and insurance extended by the Bank which shall be repayable within a period not to exceed one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance.
(c) Agreement on criteria and procedures
Guarantees or insurance extended by the Bank and guaranteed pursuant to subsection (a) of this section shall be provided by the Bank in accordance with criteria and procedures agreed to by the Administrator and the Bank.
(d) Reserve fund
The agreement referred to in subsection (c) of this section shall also provide for the establishment of a reserve fund by the administering agency, with such funds made available to the reserve as the Administrator deems necessary to discharge liabilities under guarantees provided under subsection (a) of this section.
(e) Discharge of liabilities
(1) Funds which may be used
Such amounts of the funds made available to carry out part IV of subchapter II of this chapter (relating to the economic support fund) as the President determines are necessary may be made available to discharge liabilities under guarantees entered into under subsection (a) of this section.
(2) Crediting of subsequent payments
To the extent that any of the funds made available pursuant to paragraph (1) are paid out for a claim arising out of liabilities guaranteed under subsection (a) of this section, amounts received after the date of such payment, with respect to such claim, shall be credited to the reserve fund established pursuant to subsection (d) of this section, shall be merged with the funds in such reserve, and shall be available for the purpose of payments by the Administrator to the Bank for guarantees under subsection (a) of this section.
(f) Appropriations action required
Commitments to guarantee under subsection (a) of this section are authorized only to the extent and in the amounts provided in advance in appropriations Acts.
(g) Limitation on outstanding commitments
The aggregate amount of outstanding commitments under subsection (a) of this section may not exceed $200,000,000 of contingent liability for loan principal during any fiscal year.
(h) 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) of this section, that are commensurate (in the judgment of the Bank) with the Bank's administrative costs and the risks covered by the agency's guarantees. Any amounts received by the Bank in excess of the estimated costs incurred by the Bank in administering such guarantees or insurance—
(1) shall be credited to the reserve fund established pursuant to subsection (d) of this section,
(2) shall be merged with the funds in such reserve, and
(3) shall be available for the purpose of payments by the administering agency to the Bank for guarantees under subsection (a) of this section.
(k) Restrictions not applicable
Prohibitions on the use of foreign assistance funds for assistance for Poland shall not apply with respect to the funds made available to carry out this section.
(l) Expiration of authority
The President may not enter into any commitments to guarantee under subsection (a) of this section after September 30, 1992.
(m) Definitions
For purposes of this section—
(1) the term "administering agency" means the Agency for International Development;
(2) the term "Administrator" means the Administrator of the Agency for International Development; and
(3) the term "Bank" means the Export-Import Bank of the United States.
(
References in Text
The Export-Import Bank Act of 1945, referred to in subsec. (a)(2), is act July 31, 1945, ch. 341,
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Conforming Reference
Section 304(c) of
1 So in original. Probably should be "has".
§2186. 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.
(b) Fiscal year levels
The President is authorized to issue guarantees in furtherance of the purposes of this section. Subject to subsection (d) of this section, the total principal amount of guarantees which may be issued by the President under this section shall be up to $10,000,000,000 which may be issued as follows:
(1) in fiscal year 1993, up to $2,000,000,000 may be issued on October 1, 1992 or thereafter;
(2) subject to subsection (d) of this section, in fiscal years 1994 through 1997, up to $2,000,000,000 in each fiscal year may be issued on October 1 or thereafter.
(3) If less than the full amount of guarantees authorized to be made available in a fiscal year pursuant to paragraphs (1) and (2) of this subsection is issued to Israel during that fiscal year, the authority to issue the balance of such guarantees shall extend to any subsequent fiscal year ending on or before September 30, 1998.
(4)(A) Not later than September 1 of each year during the period in which the President is authorized to issue loan guarantees under subsection (a) of this section, beginning in fiscal year 1993, the President shall notify the appropriate congressional committees in writing of his intentions regarding the exercise of that authority for the fiscal year beginning on October 1 of that year, including a statement of the total principal amount of guarantees, if any, that the President proposes to issue for that fiscal year.
(B) For purposes of this paragraph, the term "appropriate congressional committees" means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives.
(c) Use of guarantees
Guarantees may be issued under this section only to support activities in the geographic areas which were subject to the administration of the Government of Israel before June 5, 1967.
(d) Limitation on guarantee amount
The amount of authorized but unissued guarantees that the President is authorized to issue as specified in subsection (b) of this section shall be reduced by an amount equal to the amount extended or estimated to have been extended by the Government of Israel during the previous year for activities which the President determines are inconsistent with the objectives of this section or understandings reached between the United States Government and the Government of Israel regarding the implementation of the loan program. The President shall submit a report to Congress no later than September 30 of each fiscal year during the pendency of the program specifying the amount calculated under this subsection and that will be deducted from the amount of guarantees authorized to be issued in the next fiscal year.
(e) Fees
(1) Fees charged for the loan guarantee program under this section each year shall be an aggregate annual origination fee equal to the estimated subsidy cost of the guarantees issued under this section for that year, calculated by the Office of Management and Budget for the Federal Credit Reform Act of 1990 [
(2) The origination fee shall be payable to the United States Government on a pro rata basis as each guarantee for each loan or increment is issued.
(f) Authority to suspend
Except as provided in subsections (l) and (m) of this section, the President shall determine the terms and conditions for issuing guarantees. If the President determines that these terms and conditions have been breached, the President may suspend or terminate the provision of all or part of the additional loan guarantees not yet issued under this section. Upon making such a determination to suspend or terminate the provision of loan guarantees, the President shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate his determination to do so, including the basis for such suspension or termination.
(g) Procedures for suspension or termination
Any suspension or termination pursuant to subsection (f) of this section shall be in accordance with the following procedures:
(1) Upon making a determination to suspend or terminate the provision of loan guarantees, the President shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate his determination to do so, including the basis for such suspension or termination.
(2) Such a suspension or termination shall cease to be effective if Congress enacts, within 30 days of submission, a joint resolution authorizing the assistance notwithstanding the suspension.
(3) Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(4) For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.
(5) In the event that the President suspends the provision of additional loan guarantees under subsection (f) of this section and Congress does not enact a joint resolution pursuant to this subsection, the provision of additional loan guarantees under the program established by this section may be resumed only if the President determines and so reports to Congress that the reasons for the suspension have been resolved or that the resumption is otherwise in the national interest.
(h) Economic context
The effective absorption of immigrants into Israel from the republics of the former Soviet Union and Ethiopia within the private sector requires large investment and economic restructuring to promote market efficiency and thereby contribute to productive employment and sustainable growth. Congress recognizes that the Government of Israel is developing an economic strategy designed to achieve these goals, and that the Government of Israel intends to adopt a comprehensive, multi-year economic strategy based on prudent macroeconomic policies and structural reforms. Congress also recognizes that these policies are being designed to reduce direct involvement of the government in the economic system and to promote private enterprise, important prerequisites for economic stability and sustainable growth.
(i) Consultations
It is the sense of the Congress that, as agreed between the two Governments and in order to further the policies specified in subsection (h) of this section, Israel and the United States should continue to engage in consultations concerning economic and financial measures, including structural and other reforms, that Israel should undertake during the pendency of this program to enable its economy to absorb and resettle immigrants and to accommodate the increased debt burden that will result from loans guaranteed pursuant to this section. It is the sense of the Congress that these consultations on economic measures should address progress and plans in the areas of budget policies, privatization, trade liberalization, financial and capital markets, labor markets, competition policy, and deregulation.
(j) Goods and services
During the pendency of the loan program authorized under this section, it is anticipated that, in the context of the economic reforms undertaken pursuant to subsections (h) and (i) of this section, Israel's increased population due to its absorption of immigrants, and the liberalization by the Government of Israel of its trade policy with the United States, the amount of United States investment goods and services purchased for use in or with respect to the country of Israel will substantially increase.
(k) Reports
The President shall report to Congress by December 31 of each fiscal year until December 31, 1999, regarding the implementation of this section.
(l) Applicability of certain sections
(m) Terms and conditions
(1) Each loan guarantee issued under this section shall guarantee 100 percent of the principal and interest payable on such loans.
(2) The standard terms of any loan or increment guaranteed under this section shall be 30 years with semiannual payments of interest only over the first 10 years, and with semiannual payments of principal and interest on a level payment basis, over the last 20 years thereof, except that the guaranteed loan or any increments issued in a single transaction may include obligations having different maturities, interest rates, and payment terms if the aggregate scheduled debt service for all obligations issued in a single transaction equals the debt service for a single loan or increment of like amount having the standard terms described in this sentence. The guarantor shall not have the right to accelerate any guaranteed loan or increment or to pay any amounts in respect of the guarantees issued other than in accordance with the original payment terms of the loan. For purposes of determining the maximum principal amount of any loan or increment to be guaranteed under this section, the principal amount of each such loan or increment shall be—
(A) in the case of any loan issued on a discount basis, the original issue price (excluding any transaction costs) thereof; or
(B) in the case of any loan issue 1 on an interest-bearing basis, the stated principal amount thereof.
(
References in Text
The Federal Credit Reform Act of 1990, referred to in subsecs. (e)(1) and (l), is title V of
Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g)(3), is section 601(b) of
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
subpart iv—overseas private investment corporation
Subpart Referred to in Other Sections
This subpart is referred to in
1 So in original. Probably should be "issued".
§2191. Congressional statement of purpose; creation and functions of Corporation
To mobilize and facilitate the participation of United States private capital and skills in the economic and social development of less developed countries and areas, and countries in transition from nonmarket to market economies, thereby complementing the development assistance objectives of the United States, there is hereby created the Overseas Private Investment Corporation (hereinafter called the "Corporation"), which shall be an agency of the United States under the policy guidance of the Secretary of State.
The Corporation, in determining whether to provide insurance, financing, or reinsurance for a project, shall especially—
(1) be guided by the economic and social development impact and benefits of such a project and the ways in which such a project complements, or is compatible with, other development assistance programs or projects of the United States or other donors;
(2) give preferential consideration to investment projects in less developed countries that have per capita incomes of $984 or less in 1986 United States dollars, and restrict its activities with respect to investment projects in less developed countries that have per capita incomes of $4,269 or more in 1986 United States dollars (other than countries designated as beneficiary countries under
(3) ensure that the project is consistent with the provisions of
In carrying out its purpose, the Corporation, utilizing broad criteria, shall undertake—
(a) to conduct financing, insurance, and reinsurance operations on a self-sustaining basis, taking into account in its financing operations the economic and financial soundness of projects;
(b) to utilize private credit and investment institutions and the Corporation's guaranty authority as the principal means of mobilizing capital investment funds;
(c) to broaden private participation and revolve its funds through selling its direct investments to private investors whenever it can appropriately do so on satisfactory terms;
(d) to conduct its insurance operations with due regard to principles of risk management including efforts to share its insurance and reinsurance risks;
(e) to the maximum degree possible consistent with its purposes—
(1) to give preferential consideration in its investment insurance, reinsurance, and guaranty activities to investment projects sponsored by or involving United States small business; and
(2) to increase the proportion of projects sponsored by or significantly involving United States small business to at least 30 percent of all projects insured, reinsured, or guaranteed by the Corporation;
(f) to consider in the conduct of its operations the extent to which less developed country governments are receptive to private enterprise, domestic and foreign, and their willingness and ability to maintain conditions which enable private enterprise to make its full contribution to the development process;
(g) to foster private initiative and competition and discourage monopolistic practices;
(h) to further to the greatest degree possible, in a manner consistent with its goals, the balance-of-payments and employment objectives of the United States;
(i) to conduct its activities in consonance with the activities of the agency primarily responsible for administering subchapter I of this chapter and the international trade, investment, and financial policies of the United States Government, and to seek to support those developmental projects having positive trade benefits for the United States;
(j) to advise and assist, within its field of competence, interested agencies of the United States and other organizations, both public and private, national and international, with respect to projects and programs relating to the development of private enterprise in less developed countries and areas;
(k)(1) to decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing for an eligible investor's proposed investment if the Corporation determines that such investment is likely to cause such investor (or the sponsor of an investment project in which such investor is involved) significantly to reduce the number of his employees in the United States production he is replacing his United States production with production from such investment which involves substantially the same product for substantially the same market as his United States production; and (2) to monitor conformance with the representations of the investor on which the Corporation relied in making the determination required by clause (1);
(l) to decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing for an eligible investor's proposed investment if the Corporation determines that such investment is likely to cause a significant reduction in the number of employees in the United States;
(m) to refuse to insure, reinsure, or finance any investment subject to performance requirements which would reduce substantially the positive trade benefits likely to accrue to the United States from the investment; and
(n) to refuse to insure, reinsure, guarantee, or finance any investment in connection with a project which the Corporation determines will pose an unreasonable or major environmental, health, or safety hazard, or will result in the significant degradation of national parks or similar protected areas.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Amendment by
Prior Provisions
A prior section 231 of
Amendments
1994—
1992—
1988—
1985—
1981—
1978—
1974—
Overseas Private Investment Corporation; Reaffirmation of Support
Ex. Ord. No. 11579. Overseas Private Investment Corporation
Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, provided:
By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (
(b) The function of prescribing regulations relating to the reinstatement or restoration of officers and employees of the Corporation to other government positions, when their appointment to a position in the Corporation was made from another government position and their separation from the Corporation was not made for cause, is hereby delegated to the Office of Personnel Management.
(b) The Corporation shall be deemed to be the successor of the Agency for International Development and the Administrator thereof, with respect to all functions vested in the Corporation pursuant to law.
(c) Except to the extent that they may be inconsistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, or entered into with respect to any function affected by this order and not revoked, superseded or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by appropriate authority.
(d) Executive Order No. 10973 of November 3, 1961, as amended [set out as a note under this section], is hereby superseded insofar as any provision therein is in conflict with any provision herein.
(e) The provisions of this order shall become effective upon adoption by the Board of Directors of bylaws for the Corporation.
Section Referred to in Other Sections
This section is referred to in
§2191a. Additional requirements
(a) Worker rights
(1) Limitation on OPIC activities
The Corporation may insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken is taking steps to adopt and implement laws that extend internationally recognized worker rights, as defined in
"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
(3) Waiver
Paragraph (1) shall not prohibit the Corporation from providing any insurance, reinsurance, guaranty, or financing with respect to a country if the President determines that such activities by the Corporation would be in the national economic interests of the United States. Any such determination shall be reported in writing to the Congress, together with the reasons for the determination.
(4) Operations of OPIC in the People's Republic of China
In making a determination under this section for the People's Republic of China, the Corporation shall discuss fully and completely the justification for making such determination with respect to each item set forth in subparagraphs (A) through (E) of
(b) Environmental impact
The Board of Directors of the Corporation shall not vote in favor of any action proposed to be taken by the Corporation that is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless for at least 60 days before the date of the vote—
(1) an environmental impact assessment or initial environmental audit, analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the project applicant and made available to the Board of Directors; and
(2) such assessment or audit has been made available to the public of the United States, locally affected groups in the host country, and host country nongovernmental organizations.
(c) Public hearings
(1) The Board shall hold at least one public hearing each year in order to afford an opportunity for any person to present views as to whether the Corporation is carrying out its activities in accordance with
(2) In conjunction with each meeting of its Board of Directors, the Corporation shall hold a public hearing in order to afford an opportunity for any person to present views regarding the activities of the Corporation. Such views shall be made part of the record.
(
Amendments
1999—Subsec. (b).
Subsec. (c).
1996—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(4).
1992—Subsec. (a)(1).
1988—Subsec. (a)(4).
Effective Date of 1999 Amendment
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section 5(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2192. 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 subchapter I of this chapter and from loans made under the Mutual Security Act of 1954, as amended, for the fiscal year 1970 not to exceed $20,000,000 and for the fiscal year 1971 not to exceed $20,000,000. Upon the payment of such capital by the President, the Corporation shall issue an equivalent amount of capital stock to the Secretary of the Treasury.
(
References in Text
The Mutual Security Act of 1954, referred to in text, is act Aug. 26, 1954, ch. 937,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Prior Provisions
A prior section 232 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2193. Organization and management
(a) Structure
The Corporation shall have a Board of Directors, a President, an Executive Vice President, and such other officers and staff as the Board of Directors may determine.
(b) Board of directors
All powers of the Corporation shall vest in and be exercised by or under the authority of its Board of Directors ("the Board") which shall consist of fifteen Directors, including the Chairman, with eight Directors constituting a quorum for the transaction of business. Eight Directors shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall not be officials or employees of the Government of the United States. At least two of the eight Directors appointed under the preceding sentence shall be experienced in small business, one in organized labor, and one in cooperatives. Each such Director shall be appointed for a term of no more than three years. The terms of no more than three such Directors shall expire in any one year. Such Directors shall serve until their successors are appointed and qualified and may be reappointed.
The other Directors shall be officials of the Government of the United States, including the President of the Corporation, the Administrator of the Agency for International Development, the United States Trade Representative, and an official of the Department of Labor, designated by and serving at the pleasure of the President of the United States. The United States Trade Representative may designate a Deputy United States Trade Representative to serve on the Board in place of the United States Trade Representative.
There shall be a Chairman and a Vice Chairman of the Board, both of whom shall be designated by the President of the United States from among the Directors of the Board other than those appointed under the second sentence of the first paragraph of this subsection.
All Directors who are not officers of the Corporation or officials of the Government of the United States shall be compensated at a rate equivalent to that of level IV of the Executive Schedule when actually engaged in the business of the Corporation and may be paid per diem in lieu of subsistence at the applicable rate prescribed in the standardized Government travel regulations, as amended from time to time, while away from their homes or usual places of business.
(c) President
The President of the Corporation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In making such appointment, the President shall take into account private business experience of the appointee. The President of the Corporation shall be its Chief Executive Officer and responsible for the operations and management of the Corporation, subject to bylaws and policies established by the Board.
(d) Officers and staff
The Executive Vice President of the Corporation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. Other officers, attorneys, employees, and agents shall be selected and appointed by the Corporation, and shall be vested with such powers and duties as the Corporation may determine. Of such persons employed by the Corporation, not to exceed twenty may be appointed, compensated, or removed without regard to the civil service laws and regulations: Provided, That under such regulations as the President of the United States may prescribe, officers and employees of the United States Government who are appointed to any of the above positions may be entitled, upon removal from such position, except for cause, to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary. Such positions shall be in addition to those otherwise authorized by law, including those authorized by
(
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b), is set out in
The civil service laws, referred to in subsec. (d), are set out in Title 5. See, particularly,
Prior Provisions
A prior section 233 of
Amendments
1999—Subsec. (b).
1981—Subsec. (b).
Effective Date of 1981 Amendment
Section 3(c) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Members of Board of Directors of Overseas Private Investment Corporation
For provisions directing that the United States Trade Representative serve, ex officio, as an additional voting member of the Board of Directors of the Overseas Private Investment Corporation and to serve as the Vice Chair of that Board and authorizing and directing the appointment of an additional member of the Board of Directors of the Overseas Private Investment Corporation as part of the consolidation of the trade functions of the Federal government, see Reorg. Plan No. 3 of 1979, §4, 44 F.R. 69274,
§2194. Investment insurance and other programs
The Corporation is hereby authorized to do the following:
(a) Investment insurance
(1) To issue insurance, upon such terms and conditions as the Corporation may determine, to eligible investors assuring protection in whole or in part against any or all of the following risks with respect to projects which the Corporation has approved—
(A) inability to convert into United States dollars other currencies, or credits in such currencies, received as earnings or profits from the approved project, as repayment or return of the investment therein, in whole or in part, or as compensation for the sale or disposition of all or any part thereof;
(B) loss of investment, in whole or in part, in the approved project due to expropriation or confiscation by action of a foreign government;
(C) loss due to war, revolution, insurrection, or civil strife; and
(D) loss due to business interruption caused by any of the risks set forth in subparagraphs (A), (B), and (C).
(2) Recognizing that major private investments in less developed friendly countries or areas are often made by enterprises in which there is multinational participation, including significant United States private participation, the Corporation may make arrangements with foreign governments (including agencies, instrumentalities, or political subdivisions thereof) or with multilateral organizations and institutions for sharing liabilities assumed under investment insurance for such investments and may in connection therewith issue insurance to investors not otherwise eligible hereunder, except that liabilities assumed by the Corporation under the authority of this subsection shall be consistent with the purposes of this subpart and that the maximum share of liabilities so assumed shall not exceed the proportionate participation by eligible investors in the project.
(3) Not more than 10 per centum of the maximum contingent liability of investment insurance which the Corporation is permitted to have outstanding under section 2195(a)(1) 1 of this title shall be issued to a single investor.
(4) Before issuing insurance for the first time for loss due to business interruption, and in each subsequent instance in which a significant expansion is proposed in the type of risk to be insured under the definition of "civil strife" or "business interruption", the Corporation shall, at least sixty days before such insurance is issued, submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report with respect to such insurance, including a thorough analysis of the risks to be covered, anticipated losses, and proposed rates and reserves and, in the case of insurance for loss due to business interruption, an explanation of the underwriting basis upon which the insurance is to be offered. Any such report with respect to insurance for loss due to business interruption shall be considered in accordance with the procedures applicable to reprogramming notifications pursuant to
(b) Investment guaranties
To issue to eligible investors guaranties of loans and other investments made by such investors assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine: Provided, however, That such guaranties on other than loan investments shall not exceed 75 per centum of such investment: Provided further, That except for loan investments for credit unions made by eligible credit unions or credit union associations, the aggregate amount of investment (exclusive of interest and earnings) so guaranteed with respect to any project shall not exceed, at the time of issuance of any such guaranty, 75 per centum of the total investment committed to any such project as determined by the Corporation, which determination shall be conclusive for purposes of the Corporation's authority to issue any such guaranty: Provided further, That not more than 15 per centum of the maximum contingent liability of investment guaranties which the Corporation is permitted to have outstanding under section 2195(a)(2) 1 of this title shall be issued to a single investor.
(c) Direct investment
To make loans in United States dollars repayable in dollars or loans in foreign currencies (including, without regard to
The Corporation may designate up to 25 percent of any loan under this subsection for use in the development or adaptation in the United States of new technologies or new products or services that are to be used in the project for which the loan is made and are likely to contribute to the economic or social development of less developed countries.
No loan may be made under this subsection to finance any operation for the extraction of oil or gas. The aggregate amount of loans under this subsection to finance operations for the mining or other extraction of any deposit of ore or other nonfuel minerals may not in any fiscal year exceed $4,000,000.
(d) Investment encouragement
To initiate and support through financial participation, incentive grant, or otherwise, and on such terms and conditions as the Corporation may determine, the identification, assessment, surveying and promotion of private investment opportunities, utilizing wherever feasible and effective the facilities of private organizations or private investors, except that—
(1) the Corporation shall not finance any survey to ascertain the existence, location, extent, or quality of, or to determine the feasibility of undertaking operations for the extraction of, oil or gas; and
(2) expenditures financed by the Corporation during any fiscal year on surveys to ascertain the existence, location, extent, or quality of, or to determine the feasibility of undertaking operations for the extraction of nonfuel minerals may not exceed $200,000.
(e) Special projects and programs
To administer and manage special projects and programs, including programs of financial and advisory support which provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, capital savings and intermediate financial and investment institutions and cooperatives and including the initiation of incentives, grants, and studies for renewable energy and other small business activities. The funds for these projects and programs may, with the Corporation's concurrence, be transferred to it for such purposes under the authority of
(f) Additional insurance functions
(1) To make and carry out contracts of insurance or reinsurance, or agreements to associate or share risks, with insurance companies, financial institutions, any other persons, or groups thereof, and employing the same, where appropriate, as its agent, or acting as their agent, in the issuance and servicing of insurance, the adjustment of claims, the exercise of subrogation rights, the ceding and accepting of reinsurance, and in any other matter incident to an insurance business; except that such agreements and contracts shall be consistent with the purposes of the Corporation set forth in
(2) To enter into pooling or other risk-sharing arrangements with multinational insurance or financing agencies or groups of such agencies.
(3) To hold an ownership interest in any association or other entity established for the purposes of sharing risks under investment insurance.
(4) To issue, upon such terms and conditions as it may determine, reinsurance of liabilities assumed by other insurers or groups thereof in respect of risks referred to in subsection (a)(1) of this section.
The amount of reinsurance of liabilities under this subpart which the Corporation may issue shall not in the aggregate exceed at any one time an amount equal to the amount authorized for the maximum contingent liability outstanding at any one time under section 2195(a)(1) 1 of this title. All reinsurance issued by the Corporation under this subsection shall require that the reinsured party retain for his own account specified portions of liability, whether first loss or otherwise.
(g) Pilot equity finance program
(1) Authority for pilot program
In order to study the feasibility and desirability of a program of equity financing, the Corporation is authorized to establish a 4-year pilot program under which it may, on the limited basis prescribed in paragraphs (2) through (5), purchase, invest in, or otherwise acquire equity or quasi-equity securities of any firm or entity, upon such terms and conditions as the Corporation may determine, for the purpose of providing capital for any project which is consistent with the provisions of this subpart, except that—
(A) the aggregate amount of the Corporation's equity investment with respect to any project shall not exceed 30 percent of the aggregate amount of all equity investment made with respect to such project at the time that the Corporation's equity investment is made, except for securities acquired through the enforcement of any lien, pledge, or contractual arrangement as a result of a default by any party under any agreement relating to the terms of the Corporation's investment; and
(B) the Corporation's equity investment under this subsection with respect to any project, when added to any other investments made or guaranteed by the Corporation under subsection (b) or (c) of this section with respect to such project, shall not cause the aggregate amount of all such investment to exceed, at the time any such investment is made or guaranteed by the Corporation, 75 percent of the total investment committed to such project as determined by the Corporation.
The determination of the Corporation under subparagraph (B) shall be conclusive for purposes of the Corporation's authority to make or guarantee any such investment.
(2) Equity authority limited to projects in sub-Saharan Africa and Caribbean basin and marine transportation projects globally
Equity investments may be made under this subsection only in projects in countries eligible for financing under this subpart that are countries in sub-Saharan Africa or countries designated as beneficiary countries under
(3) Additional criteria
In making investment decisions under this subsection, the Corporation shall give preferential consideration to projects sponsored by or significantly involving United States small business or cooperatives. The Corporation shall also consider the extent to which the Corporation's equity investment will assist in obtaining the financing required for the project.
(4) Disposition of equity interest
Taking into consideration, among other things, the Corporation's financial interests and the desirability of fostering the development of local capital markets in less developed countries, the Corporation shall endeavor to dispose of any equity interest it may acquire under this subsection within a period of 10 years from the date of acquisition of such interest.
(5) Implementation
To the extent provided in advance in appropriations Acts, the Corporation is authorized to create such legal vehicles as may be necessary for implementation of its authorities, which legal vehicles may be deemed non-Federal borrowers for purposes of the Federal Credit Reform Act of 1990 [
(6) Consultations with Congress
The Corporation shall consult annually with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the implementation of the pilot equity finance program established under this subsection.
(
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (g)(5), is title V of
Codification
Amendment by
In subsec. (c), "
Amendments
1999—Subsec. (g).
Subsec. (g)(2).
Subsec. (g)(5).
1992—Subsec. (g)(5).
1989—Subsec. (e).
1988—Subsec. (c).
Subsec. (f).
Subsec. (g).
1985—Subsec. (a)(1)(D).
Subsec. (a)(4).
Subsec. (b).
Subsec. (f)(2).
1981—Subsec. (a)(1)(C).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b).
Subsec. (f)(1).
Subsec. (f)(4).
1978—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4) to (7).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (f)(1).
1974—Subsec. (a)(2).
Subsec. (a)(4) to (7).
Subsec. (f).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1999 Amendment
Transfer of Functions
Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959,
Appropriation of Moneys in Advance as Requisite to Purchases, Investments, or Other Acquisitions of Equity by Fund Created Under Pilot Equity Finance Program
Section 555 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2194a. Contract authority of Corporation; specific authorization in appropriation Acts required
The authority of the Overseas Private Investment Corporation to enter into contracts under
(
Codification
Section was enacted as part of the Overseas Private Investment Corporation Amendments of 1981, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2194b. Enhancing private political risk insurance industry
(a) Cooperative programs
In order to encourage greater availability of political risk insurance for eligible investors by enhancing the private political risk insurance industry in the United States, and to the extent consistent with this subpart, the Corporation shall undertake programs of cooperation with such industry, and in connection with such programs may engage in the following activities:
(1) Utilizing its statutory authorities, encourage the development of associations, pools, or consortia of United States private political risk insurers.
(2) Share insurance risks (through coinsurance, contingent insurance, or other means) in a manner that is conducive to the growth and development of the private political risk insurance industry in the United States.
(3) Notwithstanding
(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.).
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (b)(4), is
Codification
Amendment by
Amendments
1988—
Section Referred to in Other Sections
This section is referred to in
§2195. Issuing authority, direct investment authority and reserves
(a) Issuing authority
(1) Insurance and financing
(A) The maximum contingent liability outstanding at any one time pursuant to insurance issued under
(B) Subject to spending authority provided in appropriations Acts pursuant to
(2) Termination of authority
The authority of subsections (a), (b), and (c) of
(b) Repealed. Pub. L. 102–549, title I, §104(a)(3), Oct. 28, 1992, 106 Stat. 3652
(c) Insurance Reserve; Guaranty Reserve
There shall be established in the Treasury of the United States an insurance and guaranty fund, which shall have separate accounts to be known as the Insurance Reserve and the Guaranty Reserve, which reserves shall be available for discharge of liabilities, as provided in subsection (d) of this section, until such time as all such liabilities have been discharged or have expired or until all such reserves have been expended in accordance with the provisions of this section. Such fund shall be funded by: (1) the funds heretofore available to discharge liabilities under predecessor guaranty authority (including housing guaranty authorities), less both the amount made available for housing guaranty programs pursuant to
(d) Priority of funds used to discharge liabilities
Any payments made to discharge liabilities under investment insurance or reinsurance issued under
(e) Reserves from predecessor guaranty authority
There is hereby authorized to be transferred to the Corporation at its call, for the purposes specified in
(f) Authorization of appropriations; issuance, etc., of obligations by Corporation for purchase by Secretary of the Treasury
There are authorized to be appropriated to the Corporation, to remain available until expended, such amounts as may be necessary from time to time to replenish or increase the insurance and guaranty fund, to discharge the liabilities under insurance, reinsurance, or guaranties issued by the Corporation or issued under predecessor guaranty authority, or to discharge obligations of the Corporation purchased by the Secretary of the Treasury pursuant to this subsection. However, no appropriations shall be made to augment the Insurance Reserve until the amount of funds in the Insurance Reserve is less than $25,000,000. Any appropriations to augment the Insurance Reserve shall then only be made either pursuant to specific authorization enacted after August 27, 1974, or to satisfy the full faith and credit provision of
(
Codification
Amendment by
In subsec. (f), "
Amendments
1999—Subsec. (a)(2).
1997—Subsec. (a).
"(1)
"(2)
1996—Subsec. (a)(3).
1994—Subsec. (a)(1).
Subsec. (a)(2).
"(A) The maximum contingent liability outstanding at any one time pursuant to guarantees issued under
"(B) Subject to spending authority provided in appropriations Acts, pursuant to
"(i) to transfer $9,800,000, or such sums as are necessary, from its noncredit account revolving fund to pay for the subsidy cost of a program level for the loan and loan guarantee program under subsections (b) and (c) of
"(ii) to transfer such sums as are necessary from its noncredit account revolving fund to pay for the subsidy cost of a program level for the loan and loan guarantee program under subsections (b) and (c) of
Subsec. (a)(3).
Subsec. (g).
"(1) $8,128,000 for fiscal year 1993; and
"(2) $11,000,000 for fiscal year 1994."
1992—
Subsec. (a).
"(1) The maximum contingent liability outstanding at any one time pursuant to insurance issued under
"(2) The maximum contingent liability outstanding at any one time pursuant to guaranties issued under
"(3) The Corporation shall not make any commitment to issue any guaranty which would result in a reserve less than 25 per centum of the maximum contingent liability then outstanding against guaranties issued or commitments made pursuant to
"(4) The Congress, in considering the budget programs transmitted by the President for the Corporation, pursuant to
"(5) Subject to paragraphs (2), (3), and (4), the Corporation shall issue guaranties under
"(6) The authority of section 2194(a) and (b) of this title shall continue until September 30, 1992."
Subsec. (b).
Subsec. (g).
1988—Subsec. (a)(2).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (b).
1985—Subsec. (a)(5).
Subsec. (c).
Subsec. (d).
1981—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (b).
1978—Subsec. (a)(2).
Subsec. (a)(4).
1974—Subsec. (a)(4).
Subsec. (d).
Subsec. (f).
1973—Subsec. (a)(4).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "section".
§2196. 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—
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§2197. General provisions relating to insurance, guaranty, financing, and reinsurance programs
(a) Scope
Insurance, guaranties, and reinsurance issued under this subpart shall cover investment made in connection with projects in any less developed friendly country or area with the government of which the President of the United States has agreed to institute a program for insurance, guaranties, or reinsurance.
(b) Protection of interest
The Corporation shall determine that suitable arrangements exist for protecting the interest of the Corporation in connection with any insurance, guaranty or reinsurance issued under this subpart, including arrangements concerning ownership, use, and disposition of the currency, credits, assets, or investments on account of which payment under such insurance, guaranty or reinsurance is to be made, and any right, title, claim, or cause of action existing in connection therewith.
(c) Guaranties as obligations backed by full faith and credit of United States
All guaranties issued prior to July 1, 1956, all guaranties issued under sections 1872(b) 1 and 1933(b) 1 of this title, all guaranties heretofore issued pursuant to prior guaranty authorities repealed by the Foreign Assistance Act of 1969, and all insurance, reinsurance and guaranties issued pursuant to this subpart shall constitute obligations, in accordance with the terms of such insurance, reinsurance or guaranties, of the United States of America and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations.
(d) Fees
(1) In general
Fees may be charged for providing insurance, reinsurance, financing, and other services under this subpart in amounts to be determined by the Corporation. In the event fees charged for insurance, reinsurance, financing, or other services are reduced, fees to be paid under existing contracts for the same type of insurance, reinsurance, financing, or services and for similar guarantees issued under predecessor guarantee authority may be reduced.
(2) Credit transaction costs
Project-specific transaction costs incurred by the Corporation relating to loan obligations or loan guarantee commitments covered by the provisions of the Federal Credit Reform Act of 1990 [
(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
(e) Maximum term of obligation
No insurance, guaranty, or reinsurance of any equity investment shall extend beyond twenty years from the date of issuance.
(f) Limitations on amounts
Compensation for insurance, reinsurance, or guaranties issued under this subpart shall not exceed the dollar value, as of the date of the investment, of the investment made in the project with the approval of the Corporation plus interest, earnings, or profits actually accrued on such investment to the extent provided by such insurance, reinsurance, or guaranty, except that the Corporation may provide that (1) appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets, (2) compensation for a claim of loss under insurance of an equity investment may be computed on the basis of the net book value attributable to such equity investment on the date of loss, and (3) compensation for loss due to business interruption may be computed on a basis to be determined by the Corporation which reflects amounts lost. Notwithstanding the preceding sentence, the Corporation shall limit the amount of direct insurance and reinsurance issued by it under
(g) Fraud or misrepresentation
No payment may be made under any guaranty, insurance, or reinsurance issued pursuant to this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(h) Limits of obligation
Insurance, guaranties, or reinsurance of a loan or equity investment of an eligible investor in a foreign bank, finance company, or other credit institution shall extend only to such loan or equity investment and not to any individual loan or equity investment made by such foreign bank, finance company, or other credit institution.
(i) Claims settlement
Claims arising as a result of insurance, reinsurance, or guaranty operations under this subpart or under predecessor guaranty authority may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the Corporation may determine. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provision of law.
(j) Presumption of compliance
Each guaranty contract executed by such officer or officers as may be designated by the Board shall be conclusively presumed to be issued in compliance with the requirements of this chapter.
(k) Balance of payments
In making a determination to issue insurance, guaranties, or reinsurance under this subpart, the Corporation shall consider the possible adverse effect of the dollar investment under such insurance, guaranty, or reinsurance upon the balance of payments of the United States.
(l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support
(1) No payment may be made under any insurance or reinsurance which is issued under this subpart on or after April 24, 1978, for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this subpart, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977.
(2) Not later than 120 days after April 24, 1978, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this subpart.
(m) Notification of countries of environmental restrictions on certain activities
(1) Before finally providing insurance, reinsurance, guarantees, or financing under this subpart for any environmentally sensitive investment in connection with a project in a country, the Corporation shall notify appropriate government officials of that country of—
(A) all guidelines and other standards adopted by the International Bank for Reconstruction and Development and any other international organization relating to the public health or safety or the environment which are applicable to the project; and
(B) to the maximum extent practicable, any restriction under any law of the United States relating to public health or safety or the environment that would apply to the project if the project were undertaken in the United States.
The notification under the preceding sentence shall include a summary of the guidelines, standards, and restrictions referred to in subparagraphs (A) and (B), and may include any environmental impact statement, assessment, review, or study prepared with respect to the investment pursuant to
(2) Before finally providing insurance, reinsurance, guarantees, or financing for any investment subject to paragraph (1), the Corporation shall take into account any comments it receives on the project involved.
(3) On or before September 30, 1986, the Corporation shall notify appropriate government officials of a country of the guidelines, standards, and legal restrictions described in paragraph (1) that apply to any project in that country—
(A) which the Corporation identifies as potentially posing major hazards to public health and safety or the environment; and
(B) for which the Corporation provided insurance, reinsurance, guarantees, or financing under this subpart before December 23, 1985, and which is in the Corporation's portfolio on that date.
(n) Penalties for fraud
Whoever knowingly makes any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way the action of the Corporation with respect to any insurance, reinsurance, guarantee, loan, equity investment, or other activity of the Corporation under
(o) 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
(
References in Text
The Foreign Assistance Act of 1969, referred to in subsec. (c), is
The Federal Credit Reform Act of 1990, referred to in subsec. (d)(2), is title V of
This chapter, referred to in subsec. (j), was in the original "this Act", meaning
The Foreign Corrupt Practices Act of 1977, referred to in subsec. (l), is title I of
Codification
Amendment by
Amendments
1992—Subsec. (d).
Subsecs. (n), (o).
1988—
1985—Subsec. (f).
Subsec. (m).
1981—Subsec. (f).
1978—Subsec. (f).
Subsec. (l).
1974—Subsecs. (a) to (c).
Subsec. (d).
Subsec. (e). Pub. 93–390, §2(4)(E), inserted reference to reinsurance.
Subsec. (f).
Subsec. (g).
Subsecs. (h) to (k).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2198. Definitions
As used in this subpart—
(a) the term "investment" includes any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of (1) a loan or loans to an approved project, (2) the purchase of a share of ownership in any such project, (3) participation in royalties, earnings, or profits of any such project, and (4) the furnishing of commodities or services pursuant to a lease or other contract;
(b) the term "expropriation" includes, but is not limited to, any abrogation, repudiation, or impairment by a foreign government of its own contract with an investor with respect to a project, where such abrogation, repudiation, or impairment is not caused by the investor's own fault or misconduct, and materially adversely affects the continued operation of the project;
(c) the term "eligible investor" means: (1) United States citizens; (2) corporations, partnerships, or other associations including nonprofit associations, created under the laws of the United States, any State or territory thereof, or the District of Columbia, and substantially beneficially owned by United States citizens; and (3) foreign corporations, partnerships, of other associations wholly owned by one or more such United States citizens, corporations, partnerships, or other associations: Provided, however, That the eligibility of such foreign corporation shall be determined without regard to any shares, in aggregate less than 5 per centum of the total of issued and subscribed share capital, held by other than the United States owners: Provided further, That in the case of any loan investment a final determination of eligibility may be made at the time the insurance or guaranty is issued; in all other cases, the investor must be eligible at the time a claim arises as well as at the time the insurance or guaranty is issued;
(d) the term "noncredit account revolving fund" means the account in which funds under
(e) the term "noncredit activities" means all activities of the Corporation other than its loan guarantee program under
(f) the term "predecessor guaranty authority" means prior guaranty authorities (other than housing guaranty authorities) repealed by the Foreign Assistance Act of 1969, and sections 1509(b)(3), 1872(b), and 1933(b) 3 of this title (exclusive of authority relating to informational media guaranties).
(
References in Text
The Foreign Assistance Act of 1969, referred to in subsec. (f), is
Amendments
1992—Subsecs. (c) to (f).
1985—Subsec. (c)(2).
1981—Subsec. (a).
1972—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "and" probably should not appear.
2 So in original. Probably should be followed by "and".
3 See References in Text note below.
§2199. General provisions and powers
(a) Place of residence
The Corporation shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident thereof.
(b) Transfer of prior obligations, etc.; administration prior to transfer
The President shall transfer to the Corporation, at such time as he may determine, all obligations, assets and related rights and responsibilities arising out of, or related to, predecessor programs and authorities similar to those provided for in
(c) Audits of the Corporation
(1) The Corporation shall be subject to the applicable provisions of
(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
(3) In lieu of the financial and compliance audit required by paragraph (2), the General Accounting Office shall, if the Office considers it necessary or upon the request of the Congress, audit the financial statements of the Corporation in the manner provided in paragraph (2). The Corporation shall reimburse the General Accounting Office for the full cost of any audit conducted under this paragraph.
(4) All books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Corporation and the accountant who conducts the audit under paragraph (2), which are necessary for purposes of this subsection, shall be made available to the representatives of the General Accounting Office.
(d) Powers of Corporation
To carry out the purposes of this subpart, the Corporation is authorized to adopt and use a corporate seal, which shall be judicially noticed; to sue and be sued in its corporate name; to adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law; to acquire, hold or dispose of, upon such terms and conditions as the Corporation may determine, any property, real, personal, or mixed, tangible or intangible, or any interest therein; to invest funds derived from fees and other revenues in obligations of the United States and to use the proceeds therefrom, including earnings and profits, as it shall deem appropriate; to indemnify directors, officers, employees and agents of the Corporation for liabilities and expenses incurred in connection with their Corporation activities; notwithstanding any other provision of law, to represent itself or to contract for representation in all legal and arbitral proceedings; to enter into limited-term contracts with nationals of the United States for personal services to carry out activities in the United States and abroad under subsections (d) and (e) of
(e) Reviews, investigations, and inspections by Inspector General of Agency for International Development
The Inspector General of the Agency for International Development (1) may conduct reviews, investigations, and inspections of all phases of the Corporation's operations and activities and (2) shall conduct all security activities of the Corporation relating to personnel and the control of classified material. With respect to his responsibilities under this subsection, the Inspector General shall report to the Board. The agency primarily responsible for administering subchapter I of this chapter shall be reimbursed by the Corporation for all expenses incurred by the Inspector General in connection with his responsibilities under this subsection.
(f) Programs for Yugoslavia, Poland, Hungary, Romania, the People's Republic of China, or Pakistan; national interest
Except for the provisions of this subpart, no other provision of this chapter or any other law shall be construed to prohibit the operation in Yugoslavia, Poland, Hungary, or any other East European country, or the People's Republic of China, or Pakistan of the programs authorized by this subpart, if the President determines that the operation of such program in such country is important to the national interest.
(g) Environmental impact assessments
The requirements of
(h) Preparation, maintenance, and contents of development impact profile for investment projects; development of criteria for evaluating projects
In order to carry out the policy set forth in paragraph (1) of the second undesignated paragraph of
(i) Observance of and respect for human rights and fundamental freedoms as considerations for conduct of assistance programs, etc.; provisions applicable for determinations; exceptions
The Corporation shall take into account in the conduct of its programs in a country, in consultation with the Secretary of State, all available information about observance of and respect for human rights and fundamental freedoms in such country and the effect the operation of such programs will have on human rights and fundamental freedoms in such country. The provisions of
(j) Exemption from taxation
The Corporation, including its franchise, capital, reserves, surplus, advances, intangible property, and income, shall be exempt from all taxation at any time imposed by the United States, by any territory, dependency, or possession of the United States, or by any State, the District of Columbia, or any county, municipality, or local taxing authority.
(k) Publication of policy guidelines
The Corporation shall publish, and make available to applicants for insurance, reinsurance, guarantees, financing, or other assistance made available by the Corporation under this subpart, the policy guidelines of the Corporation relating to its programs.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Amendment by
Amendments
1997—Subsec. (f).
1992—Subsec. (d).
1990—Subsec. (f).
1989—Subsec. (f).
1988—Subsec. (f).
Subsec. (g).
1985—Subsec. (c).
Subsec. (g).
Subsecs. (j), (k).
1981—Subsec. (d).
Subsec. (e).
Subsecs. (f) to (l).
1980—Subsec. (g).
1978—Subsec. (b).
Subsec. (d).
Subsecs. (i) to (k).
Subsec. (l).
1974—Subsec. (b).
Subsec. (h).
1972—Subsec. (d).
Subsec. (g).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Termination of Advisory Councils
Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of
Enhancement of Nongovernmental Sector in Poland and Hungary
Section 302(b) of
Avoidance of Duplicative Amendments
Section 302(c) of
Section Referred to in Other Sections
This section is referred to in
§2200. Small business development in less developed friendly countries or areas; encouragement by other Federal departments, etc., of broadened participation by United States small business cooperatives and investors; project funding
The Corporation shall undertake, in cooperation with appropriate departments, agencies, and instrumentalities of the United States as well as private entities and others, to broaden the participation of United States small business, cooperatives, and other small United States investors in the development of small private enterprise in less developed friendly countries or areas. The Corporation shall allocate up to 50 per cent of its annual net income, after making suitable provision for transfers and additions to reserves, to assist and facilitate the development of projects consistent with the provisions of this section. Such funds may be expended, notwithstanding the requirements of
(
Prior Provisions
A prior section 2200,
Amendments
1985—
§2200a. Report to Congress
(a) Annual report
After the end of each fiscal year, the Corporation shall submit to the Congress a complete and detailed report of its operations during such fiscal year. Such report shall include—
(1) an assessment, based upon the development impact profiles required by
(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
(B) notwithstanding such violations, provided such insurance, reinsurance, guaranty, financing, or financial support, on the basis of a determination (i) that the project will directly benefit the needy people in the country in which the project is located, or (ii) that the national security interest so requires.
(b) Effect of all projects on employment in United States to be included in annual report
(1) Each annual report required by subsection (a) of this section shall contain projections of the effects on employment in the United States of all projects for which, during the preceding fiscal year, the Corporation initially issued any insurance, reinsurance, or guaranty or made any direct loan. Each such report shall include projections of—
(A) the amount of United States exports to be generated by those projects, both during the start-up phase and over a period of years;
(B) the final destination of the products to be produced as a result of those projects; and
(C) the impact such production will have on the production of similar products in the United States with regard to both domestic sales and exports.
(2) The projections required by this subsection shall be based on an analysis of each of the projects described in paragraph (1).
(3) In reporting the projections on employment required by this subsection, the Corporation shall specify, with respect to each project—
(A) any loss of jobs in the United States caused by the project, whether or not the project itself creates other jobs;
(B) any jobs created by the project; and
(C) the country in which the project is located, and the economic sector involved in the project.
No proprietary information may be disclosed under this paragraph.
(c) Repealed. Pub. L. 100–461, title V, §555, Oct. 1, 1988, 102 Stat. 2268–36
(d) Maintenance of records
The Corporation shall maintain as part of its records—
(1) all information collected in preparing the report required by subsection (c) of this section (as in effect before October 1, 1988), whether the information was collected by the Corporation itself or by a contractor; and
(2) a copy of the analysis of each project analyzed in preparing the reports required either by subsection (b) of this section, or by subsection (c) of this section (as in effect before October 1, 1988).
(e) Assessment of cooperative political risk insurance program
Each annual report required by subsection (a) of this section shall include an assessment of programs implemented by the Corporation under
(1) The nature and dollar value of political risk insurance provided by private insurers in conjunction with the Corporation, which the Corporation was not permitted to provide under this subpart.
(2) The nature and dollar value of political risk insurance provided by private insurers in conjunction with the Corporation, which the Corporation was permitted to provide under this subpart.
(3) The manner in which such private insurers and the Corporation cooperated in recovery efforts and claims management.
(f) Information not required to be made available to public excluded from reports
Subsections (b) and (e) of this section do not require the inclusion in any report submitted pursuant to those subsections of any information which would not be required to be made available to the public pursuant to
(
Codification
Amendment by
Amendments
1992—Subsec. (b)(2), (3).
"(A) those projects which are projected to have a positive effect on employment in the United States and those projects which are projected to have a negative effect on employment in the United States are grouped separately; and
"(B) there is set forth for each such grouping the key characteristics of the projects within that grouping, including the number of projects in each economic sector, the countries in which the projects in each economic sector are located, and the projected level of the impact of the projects in each economic sector on employment in the United States and on United States trade."
1988—Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f).
1985—
1981—
1978—Subsec. (a).
Subsec. (b).
1974—Subsec. (b).
Report to Congress Not Later Than June 30, 1982, on Methods for Estimating the Impact on Investments if Insurance or Other Support is Not Provided
Section 9(b) of
Section Referred to in Other Sections
This section is referred to in
§2200b. Prohibition on noncompetitive awarding of insurance contracts on OPIC supported exports
(a) Requirement for certification
(1) In general
Except as provided in paragraph (3), the investor on whose behalf insurance, reinsurance, guaranties, or other financing is provided under this subpart with respect to a project shall be required to certify to the Corporation that any contract for the export of goods as part of that project will include a clause requiring that United States insurance companies have a fair and open competitive opportunity to provide insurance against risk of loss of such export.
(2) When certification must be made
The investor shall be required, in every practicable case, to so certify before the insurance, reinsurance, guarantee, or other financing is provided. In any case in which such a certification is not made in advance, the investor shall include in the certification the reasons for the failure to make a certification in advance.
(3) Exception
Paragraph (1) does not apply with respect to an investor who does not, because of the nature of the investment, have a controlling interest in fact in the project in question.
(b) Reports by United States Trade Representative
The United States Trade Representative shall review the actions of the Corporation under subsection (a) of this section and, after consultation with representatives of United States insurance companies, shall report to the Congress in the report required by
(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.
(
Prior Provisions
A prior section 2200b,
subpart v—disadvantaged children in asia
§2201. Assistance to disadvantaged children in Asia
(a) Congressional findings
The Congress recognizes the humanitarian needs of disadvantaged children in Asian countries where there has been or continues to be a heavy presence of United States military and related personnel in recent years. Moreover, the Congress finds that inadequate provision has been made for the care and welfare of such disadvantaged children, particularly those fathered by the 1 United States citizens.
(b) Authority of President
Accordingly, the President is authorized to expend up to $3,000,000 of funds made available under part I of this subchapter, in addition to funds otherwise available for such purposes, to help meet the needs of these disadvantaged children in Asia by assisting in the expansion and improvement of orphanages, hostels, day care centers, school feeding programs, and health, education, and welfare programs. Assistance provided under this section shall be furnished under the auspices of and by international organizations or private voluntary agencies operating within, and in cooperation with, the countries of Asia where these disadvantaged children reside.
(
References to Part I Deemed To Include Section 2293
References to part I of this subchapter are deemed to include a reference to
Prior Provisions
A prior section 2201,
Amendments
1985—Subsec. (b).
Effective Date of 1985 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
subpart vi—alliance for progress
§§2211 to 2213. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2211,
Section 2212,
Section 2213,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
subpart vii—evaluation of programs
§2216. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
subpart viii—southeast asia multilateral and regional programs
§§2217, 2217a. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
Section 2217,
Section 2217a,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2217b. Repealed. Pub. L. 90–137, pt. I, §107, Nov. 14, 1967, 81 Stat. 452
Section,
subpart ix—utilization of democratic institutions in development
Subpart Referred to in Other Sections
This subpart is referred to in
§2218. Utilization of democratic institutions in development
(a) Popular participation through encouragement of democratic institutions
In carrying out programs authorized in this part and part I of this subchapter, emphasis shall be placed on assuring maximum participation in the task of economic development on the part of the people of the developing countries, through the encouragement of democratic private and local governmental institutions.
(b) Human and intellectual resources; self-government through civic education and training in requisite skills
In order to carry out the purposes of this section programs under this part and part I of this subchapter shall—
(1) recognize the differing needs, desires, and capacities of the people of the respective developing countries and areas;
(2) use the intellectual resources of such countries and areas in conjunction with assistance provided under this chapter so as to encourage the development of indigenous institutions that meet their particular requirements for sustained economic and social progress; and
(3) support civic education and training in skills required for effective participation in governmental and political processes essential to self-government.
(c) Political, social, and related obstacles to development; democratic social and political trends
In the allocation of funds for research under this part and part I of this subchapter, emphasis shall be given to research designed to examine the political, social, and related obstacles to development in countries receiving assistance under subchapter I of this chapter. In particular, emphasis should be given to research designed to increase understanding of the ways in which development assistance can support democratic social and political trends in recipient countries.
(d) Implementation of objectives through application of experience gained from program evaluation
Emphasis shall also be given to the evaluation of relevant past and current programs under subchapter I of this chapter and to applying this experience so as to strengthen their effectiveness in implementing the objectives of this section.
(e) Inservice training programs
In order to carry out the purposes of this section, the agency primarily responsible for administering subchapter I of this chapter shall develop systematic programs of inservice training to familiarize its personnel with the objectives of this section and to increase their knowledge of the political and social aspects of development. In addition to other funds available for such purposes, not to exceed 1 per centum of the funds authorized to be appropriated for grant assistance under this part and part I of this subchapter may be used for carrying out the objectives of this subsection.
(
References in Text
This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of this subchapter are deemed to include a reference to
Amendments
1978—Subsecs. (a), (b), (c), (e).
1968—Subsec. (c).
Subsec. (e).
1967—
Effective Date of 1978 Amendment
Amendment by
subpart x—programs relating to population growth and family planning
§§2219, 2219a. Repealed. Pub. L. 95–424, title I, §104(b), Oct. 6, 1978, 92 Stat. 947
Section 2219,
Section 2219a,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
subpart xi—food production targets and reports
§2220. Repealed. Pub. L. 95–424, title V, §502(d)(1), Oct. 6, 1978, 92 Stat. 959
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
subpart xii—famine prevention and freedom from hunger
Subpart Referred to in Other Sections
This subpart is referred to in title 7 section 3124a.
§2220a. General provisions
(a) Congressional objectives and findings
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
The Congress so declares because it finds—
(1) 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 in this country;
(2) 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;
(3) 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;
(4) that increasing and making more secure the supply of food is of greatest benefit to the poorest majority in the developing world;
(5) 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;
(6) moreover, that agricultural research abroad has in the past and will continue in the future to provide benefits for agriculture in the United States and that increasing the availability of food of higher nutritional quality is of benefit to all; and
(7) 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.
(b) Congressional objectives and declaration for collation of components to increase world food production
Accordingly, the Congress declares that, in order to prevent famine and establish freedom from hunger, 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.
(c) University involvement, participation, and cooperation
The United States should—
(1) effectively involve the United States land-grant and other eligible universities more extensively in each component;
(2) provide mechanisms for the universities to participate and advise in the planning, development, implementation, and administration of each component; and
(3) assist such universities in cooperative joint efforts with—
(A) agricultural institutions in developing nations, and
(B) regional and international agricultural research centers,
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.
(d) Universities
As used in this subpart, the term "universities" means those colleges or universities in each State, territory, or possession of the United States, or the District of Columbia, now receiving, or which may hereafter receive, benefits under the Act of July 2, 1862 (known as the First Morrill Act) [
(1) have demonstrable capacity in teaching, research, and extension activities in the agricultural sciences; and
(2) can contribute effectively to the attainment of the objectives of this subpart.
(e) Administrator
As used in this subpart, the term "Administrator" means the Administrator of the Agency for International Development.
(
References in Text
The First Morrill Act and the Second Morrill Act, referred to in subsec. (d), refer to acts July 2, 1862, ch. 130,
The National Sea Grant College and Program Act, referred to in subsec. (d), is title II of
Amendments
1978—Subsecs. (f), (g).
Effective Date of 1978 Amendment
Amendment by
International Food Reserve
"(a) The Congress finds that—
"(1) half a billion people suffer regularly from malnutrition or undernutrition;
"(2) even very modest shortfalls in crop production can result in greatly increased human suffering, and undercut the benefits of bilateral and multilateral assistance programs, in poor developing countries with chronic food deficits;
"(3) increasing variability in world food production and trade presents a serious threat not only to consumers but also to producers;
"(4) the World Food Conference recognized the urgent need for an international undertaking to achieve a system of world food security based largely upon strategic food reserves;
"(5) the Congress through legislation has repeatedly urged the President to negotiate with other nations to establish such a system of reserves;
"(6) although the nations of the world have agreed to begin discussions on a system of grain reserves to regulate food availability, agreement on a global network of nationally held reserves still eludes the international community;
"(7) while some progress has taken place in the United States in creating domestic farmer held reserves, the scale of such reserves does not insure adequate protection against fluctuations in world production and price; and
"(8) the United States, as the world's leading producer of foodstuffs, remains in a unique position to provide the leadership necessary to make world food security a reality.
"(b) It is therefore the sense of the Congress that the President should continue his efforts directed toward achievement of an agreement establishing an international network of nationally held grain reserves which provides for supply assurance to consumers and income security to producers."
Similar provisions were contained in the following prior authorization act:
Commission on Hunger and Malnutrition
Settlement of Debt Owed the United States
Section 321 of
Cooperation With Other Countries in Alleviating World Food Shortage; Emergency and Humanitarian Requirements
"(a) It is the sense of the Congress that the United States should participate fully in efforts to alleviate current and future food shortages which threaten the world. To this end, the President shall—
"(1) encourage, support, and expedite, studies relating to the long-range implications of the world food situation (including studies of national and world production, distribution, and utilization of agricultural commodities and other foodstuffs) and support the organizing of a world food conference under United Nations auspices in 1974;
"(2) request the member nations of the General Agreement on Tariffs and Trade to explore the means for assuring equitable access by all nations to national markets and mineral and agricultural resources;
"(3) consult and cooperate with appropriate international agencies, such as the Food and Agriculture Organization of the United Nations, in determining the need for, the feasibility of, and cost on an equitably-shared basis of, establishing an international system of strategic food reserves; and
"(4) report his findings and recommendations to the Congress on the implementation of this section no later than December 31, 1974.
"(b) It is further the sense of the Congress that—
"(1) in making assessments which would affect or relate to the level of domestic production, the Executive Branch should include in the estimates of overall utilization the expected demands for humanitarian food assistance through such programs as are carried out under the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) [
"(2) legislation providing increased flexibility for responding to emergency and humanitarian requirements for food assistance should be considered as promptly as possible to the end that the last sentence of section 401 of the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480) [
§2220b. General authority
(a) Programs and activities affecting universities, agriculturally developing countries, and research
To carry out the purposes of this subpart, the President is authorized to provide assistance on such terms and conditions as he shall determine—
(1) to 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
(2) to build and strengthen the institutional capacity and human resource skills of agriculturally developing countries so that these countries may participate more fully in the international agricultural problem-solving effort and to introduce and adapt new solutions to local circumstances;
(3) to provide program support for long-term collaborative university research, in the developing countries themselves to the maximum extent practicable, on food production, distribution, storage, marketing, and consumption;
(4) to involve universities more fully in the international network of agricultural science, including the international research centers, the activities of international organizations such as the United Nations Development Program and the Food and Agriculture Organization, and the institutions of agriculturally developing nations; and
(5) to provide program support for international agricultural research centers, to provide support for research projects identified for specific problem-solving needs, and to develop and strengthen national research systems in the developing countries.
(b) Programs and activities respecting university capabilities, benefiting domestic and nondomestic agriculture, and based on existing programs and institutions
Programs under this subpart shall be carried out so as to—
(1) utilize and strengthen the capabilities of universities in—
(A) developing capacity in the cooperating nation for classroom teaching in agriculture, plant and animal sciences, human nutrition, and vocational and domestic arts and other relevant fields appropriate to local needs;
(B) agricultural research to be conducted in the cooperating nations, at international agricultural research centers, or in the United States;
(C) the planning, initiation, and development of extension services through which information concerning agriculture and related subjects will be made available directly to farmers and farm families in the agriculturally developing nations by means of education and demonstration; or
(D) the exchange of educators, scientists, and students for the purpose of assisting in successful development in the cooperating nations;
(2) take into account the value to United States agriculture of such programs, integrating to the extent practicable the programs and financing authorized under this subpart with those supported by other Federal or State resources so as to maximize the contribution to the development of agriculture in the United States and in agriculturally developing nations; and
(3) whenever practicable, build on existing programs and institutions including those of the universities and the United States Department of Agriculture and the United States Department of Commerce.
(c) Activity objectives
To the maximum extent practicable, activities under this section shall—
(1) be directly related to the food and agricultural needs of developing countries;
(2) be carried out within the developing countries;
(3) be adapted to local circumstances;
(4) provide for the most effective interrelationship between research, education, and extension in promoting agricultural development in developing countries; and
(5) emphasize the improvement of local systems for delivering the best available knowledge to the small farmers of such countries.
(d) Function of Administrator
The President shall exercise his authority under this section through the Administrator.
(
Amendments
1979—Subsec. (a)(3).
Subsec. (c).
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2220c. Board for International Food and Agricultural Development
(a) Establishment; terms and expenses of members
To assist in the administration of the programs authorized by this subpart, the President shall establish a permanent Board for International Food and Agricultural Development (hereafter in this subpart referred to as the "Board") consisting of seven members, not less than four to be selected from the universities. Terms of members shall be set by the President at the time of appointment. Members of the Board shall be entitled to such reimbursement for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business) as the President deems appropriate.
(b) General areas of responsibility
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
(c) Specific, but not exclusive, duties
The Board's duties shall include, but not necessarily be limited to—
(1) participating in the formulation of basic policy, procedures, and criteria for project proposal review, selection, and monitoring;
(2) developing and keeping current a roster of universities—
(A) interested in exploring their potential for collaborative relationships with agricultural institutions, and with scientists working on significant programs designed to increase food production in developing countries,
(B) having capacity in the agricultural sciences,
(C) able to maintain an appropriate balance of teaching, research, and extension functions,
(D) having capacity, experience, and commitment with respect to international agricultural efforts, and
(E) able to contribute to solving the problems addressed by this subpart;
(3) recommending which developing nations could benefit from programs carried out under this subpart, and identifying those nations which have an interest in establishing or developing agricultural institutions which engage in teaching, research, or extension activities;
(4) reviewing and evaluating memorandums of understanding or other documents that detail the terms and conditions between the Administrator and universities participating in programs under this subpart;
(5) reviewing and evaluating agreements and activities authorized by this subpart and undertaken by universities to assure compliance with the purposes of this subpart;
(6) recommending to the Administrator the apportionment of funds under
(7) assessing the impact of programs carried out under this subpart in solving agricultural problems in the developing nations.
(d) Subordinate units; creation of Joint Research Committee, Joint Committee on Country Programs, and other units
The President may authorize the Board to create such subordinate units as may be necessary for the performance of its duties, including but not limited to the following:
(1) a Joint Research Committee to participate in the administration and development of the collaborative activities described in
(2) a Joint Committee on Country Programs which shall assist in the implementation of the bilateral activities described in
(e) Consultations in preparation of annual report and on agricultural development activities
In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2220d. Funds for programs and activities
(a) Funds available under section 2151a of this title unaffected by other provisions
The President is authorized to use any of the funds hereafter made available under
(b) Foreign currencies
Foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States shall be used to the maximum extent possible in lieu of dollars in carrying out the provisions of this subpart.
(c) Other authorizations
Assistance authorized under this subpart shall be in addition to any allotments or grants that may be made under other authorizations.
(d) Disclosure of funds to Administrator; annual report
Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this subpart. All such funds, both prospective and inhand, shall be periodically disclosed to the Administrator as he shall by regulation require, but no less often than in an annual report.
(
Amendments
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2220e. Presidential report to Congress
The President shall transmit to the Congress, not later than April 1 of each year, a report detailing the activities carried out pursuant to this subpart during the preceding fiscal year and containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
Part III—International Organizations and Programs
Part Referred to in Other Sections
This part is referred to in
§2221. General authority
(a) Voluntary contributions; grants and loans in case of the Indus Basin Development Fund
When he determines it to be in the national interest, the President is authorized to make voluntary contributions on a grant basis to international organizations and to programs administered by such organizations, and in the case of the Indus Basin Development Fund administered by the International Bank for Reconstruction and Development to make grants and loans payable as to principal and interest in United States dollars and subject to the provisions of
(b) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(c) Palestine refugees; considerations and conditions for furnishing assistance
No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism.
(d) Audit of funds; report to Congress and the President
In any case in which a fund established solely by United States contributions under this chapter or any other Act is administered by an international organization under the terms of an agreement between the United States and such international organization, such agreement shall provide that the Comptroller General of the United States shall conduct such audits as are necessary to assure that such fund is administered in accordance with such agreement. The President shall undertake to modify any existing agreement entered into before November 14, 1967, to conform to the requirements of the preceding sentence. The Comptroller General shall report simultaneously to the Congress and the President the results of the audits conducted under this subsection.
(e) Evaluation of United Nations and its affiliated organizations; International Bank for Reconstruction and Development; Asian Development Bank
(1) In the case of the United Nations and its affiliated organizations, including the International Atomic Energy Agency, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authorities of such organizations of external, professionally qualified groups of appropriate size for the purpose of providing an independent and continuous program of selective examination, review, evaluation, and audits of the programs and activities of such organizations. Such proposal shall provide that such groups shall be established in accordance with such terms of reference as such governing authority may prescribe and that the reports of such groups on each examination, review, evaluation, or audit shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation groups.
(2) In the case of the International Bank for Reconstruction and Development and the Asian Development Bank, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authorities of such organizations professionally qualified groups of appropriate size for the purpose of providing an independent and continuous program of selective examination, review, evaluation, and audit of the programs and activities of such organizations. Such proposal shall provide that such groups shall be established in accordance with such terms of reference as such governing authorities may prescribe, and that the reports of such groups on each examination, review, evaluation, or audit shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation groups.
(f) International Fertilizer Development Center; United States participation and assistance
The President is hereby authorized to permit United States participation in the International Fertilizer Development Center and is authorized to use any of the funds made available under this part for the purpose of furnishing assistance to the Center on such terms and conditions as he may determine.
(g) Transfer of funding of technological assistance programs to United Nations Development Program
It is the sense of the Congress that the President should instruct the appropriate representatives of the United States to the United Nations to encourage the specialized agencies of the United Nations to transfer the funding of technical assistance programs carried out by such agencies to the United Nations Development Program.
(h) International Food Policy Research Institute; availability of funds, etc.
The President is authorized to permit the United States to participate in and to use any of the funds made available under subchapter I of this chapter after December 29, 1981, for the purpose of furnishing assistance (on such terms and conditions as the President may determine) to the International Food Policy Research Institute.
(
References in Text
This chapter, referred to in subsec. (d), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1981—Subsec. (b).
Subsec. (e)(3).
Subsec. (h).
1980—Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3).
1978—Subsec. (a).
Subsec. (g).
1975—Subsec. (f).
1973—Subsec. (e).
1969—Subsec. (c).
1967—Subsec. (d).
1966—Subsec. (a).
Subsec. (b).
Subsec. (c).
1965—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Use of Contributions for Projects in Cuba
Similar provisions were contained in
§2222. Authorization of appropriations
(a) Grants
(1) There are authorized to be appropriated to the President $270,000,000 for fiscal year 1986 and $236,084,000 for fiscal year 1987 for grants to carry out the purposes of this part, in addition to funds available under other Acts for such purposes. Of the amount appropriated for each of the fiscal years 1986 and 1987 pursuant to these authorizations—
(A) 59.65 percent shall be for the United Nations Development Program;
(B) 19.30 percent shall be for the United Nations Children's Fund;
(C) 7.20 percent shall be for the International Atomic Energy Agency, except that these funds may be contributed to that Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency;
(D) 5.44 percent shall be for Organization of American States development assistance programs;
(E) 3.51 percent shall be for the United Nations Environment Program;
(F) 0.70 percent shall be for the World Meteorological Organization;
(G) 0.70 percent shall be for the United Nations Capital Development Fund;
(H) 0.35 percent shall be for the United Nations Education and Training Program for Southern Africa;
(I) 0.18 percent shall be for the United Nations Voluntary Fund for the Decade for Women;
(J) 0.07 percent shall be for the Convention on International Trade in Endangered Species;
(K) 0.70 percent shall be for the World Food Program;
(L) 0.18 percent shall be for the United Nations Institute for Namibia;
(M) 0.12 percent shall be for the United Nations Trust Fund for South Africa;
(N) 0.04 percent shall be for the United Nations Voluntary Fund for Victims of Torture;
(O) 0.07 percent shall be for the United Nations Industrial Development Organization;
(P) 0.55 percent shall be for the United Nations Development Program Trust Fund to Combat Poverty and Hunger in Africa;
(Q) 0.97 percent shall be for contributions to international conventions and scientific organizations;
(R) 0.18 percent for the United Nations Centre on Human Settlements (Habitat); and
(S) 0.09 percent shall be for the World Heritage Fund.
(2) The Congress reaffirms its support for the work of the Inter-American Commission on Human Rights. To permit such Commission to better fulfill its function of insuring observance and respect for human rights within this hemisphere, not less than $357,000 of the amount appropriated for fiscal year 1976 and $358,000 of the amount appropriated for fiscal year 1977, for contributions to the Organization of American States, shall be used only for budgetary support for the Inter-American Commission on Human Rights.
(b) Indus Basin Development
(1) There is authorized to be appropriated to the President for loans for Indus Basin Development to carry out the purposes of this section, in addition to funds available under this chapter or any other Act for such purposes, for use beginning in the fiscal year 1969, $61,220,000. Such amounts are authorized to remain available until expended.
(2) There is authorized to be appropriated to the President for grants for Indus Basin Development, in addition to any other funds available for such purposes, for use in the fiscal year 1974, $14,500,000, and for use in the fiscal year 1975, $14,500,000, and for use beginning in the fiscal year 1976, $27,000,000, which amounts shall remain available until expended. The President shall not exercise any special authority granted to him under
(c) Prohibition against contributions for volunteer manpower programs
None of the funds available to carry out this part shall be contributed to any international organization or to any foreign government or agency thereof to pay the costs of developing or operating any volunteer program of such organization, government, or agency relating to the selection, training, and programing of volunteer manpower.
(d) to (h) Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
(i) International Atomic Energy Agency; safeguards and inspections of nuclear fissile facilities and materials
In addition to amounts otherwise available under this section, there are authorized to be appropriated for fiscal year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be available only for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials. Amounts appropriated under this subsection are authorized to remain available until expended.
(j) Authorization of appropriations for multilateral and regional drug abuse control programs
In addition to amounts otherwise available under this section for such purposes, there are authorized to be appropriated to the President $3,000,000 for fiscal year 1989 to be available only for United States contributions to multilateral and regional drug abuse control programs. Of the amount authorized to be appropriated by this subsection—
(1) $2,000,000 shall be for a United States contribution to the United Nations Fund for Drug Abuse Control;
(2) $600,000 shall be for the Organization of American States (OAS) Inter-American Drug Abuse Control Commission (CICAD) Legal Development Project, except that the proportion which such amount bears to the total amount of contributions to this specific project may not exceed the proportion which the United States contribution to the budget of the Organization of American States for that fiscal year bears to the total contributions to the budget of the Organization of American States for that fiscal year; and
(3) $400,000 shall be for the Organization of American States (OAS) Inter-American Drug Abuse Control Commission (CICAD) Law Enforcement Training Project, except that the proportion which such amount bears to the total amount of contributions to this specific project may not exceed the proportion which the United States contribution to the budget of the Organization of American States for that fiscal year bears to the total contributions to the budget of the Organization of American States for that fiscal year.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
1988—Subsec. (j).
1986—Subsec. (a)(1).
1985—Subsec. (a)(1).
1981—Subsec. (a)(1).
Subsec. (a)(3).
1980—Subsec. (a)(1).
1979—Subsec. (a)(1).
1978—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1977—Subsec. (a)(1).
1976—Subsec. (i).
1975—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d).
1974—Subsec. (a).
Subsecs. (g), (h).
1973—Subsec. (a).
Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
1972—Subsec. (a).
Subsec. (b)(2).
Subsec. (e).
Subsec. (f).
1969—Subsec. (a).
Subsec. (b).
Subsec. (e).
1968—Subsec. (a).
Subsec. (d).
1967—Subsec. (a).
Subsec. (b).
1966—Subsec. (a).
1965—
1964—
1963—
1962—
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Report to Congress on Palestine Refugee Ration Distribution System
Section 117(b)(2) of
Authorization of Appropriations for Contributions to the World Assembly on Aging
Section 117(e) of
Section Referred to in Other Sections
This section is referred to in title 42 section 13388.
§2223. Indus Basin development
In the event that funds made available under this chapter (other than subchapter II of this chapter) are used by or under the supervision of the International Bank for Reconstruction and Development in furtherance of the development of the Indus Basin through the program of cooperation among South Asian and other countries of the free world, which is designed to promote economic growth and political stability in South Asia, such funds may be used in accordance with requirements, standards, or procedures established by the Bank concerning completion of plans and cost estimates and determination of feasibility, rather than with requirements, standards, or procedures, concerning such matters set forth in this chapter or other Acts; and such funds may also be used without regard to the provisions of
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2224. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2225. 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.
(
Amendments
1977—
1975—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2226. Reports on international organizations
The annual reports to the Congress under
(
Amendments
1998—
§2227. Withholding of United States proportionate share for certain programs of international organizations
(a) Covered programs
Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this part shall be available for the United States proportionate share for programs for Burma, Iraq, North Korea, Syria, Libya, Iran, Cuba, or the Palestine Liberation Organization or for projects whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it, or at the discretion of the President, Communist countries listed in
(b) Review and report by Secretary of State
The Secretary of State—
(1) shall review, at least annually, the budgets and accounts of all international organizations receiving payments of any funds authorized to be appropriated by this part; and
(2) shall report to the appropriate committees of the Congress the amounts of funds expended by each such organization for the purposes described in subsection (a) of this section and the amount contributed by the United States to each such organization.
(c) Exceptions
(1) Subject to paragraph (2), the limitations of subsection (a) of this section shall not apply to contributions to the International Atomic Energy Agency or the United Nations Children's Fund (UNICEF).
(2)(A) Except as provided in subparagraph (B), with respect to funds authorized to be appropriated by this part and available for the International Atomic Energy Agency, the limitations of subsection (a) of this section shall apply to programs or projects of such Agency in Cuba.
(B)(i) Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a) of this section.
(ii) Clause (i) shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba—
(I) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco);
(II) negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and
(III) incorporates internationally accepted nuclear safety standards.
(
Amendments
1998—Subsec. (a).
Subsec. (c).
1994—Subsec. (a).
Subsec. (c).
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
Part IV—Supporting Assistance
References to Part IV of Subchapter I Deemed References to Part IV of Subchapter II
References to part IV of subchapter I of this chapter, or any sections thereof, are deemed references to part IV of subchapter II (§2346 et seq.) of this chapter, or to appropriate sections thereof. See section 202(b) of
§§2241 to 2243. Repealed. Pub. L. 92–226, pt. II, §202(b), Feb. 7, 1972, 86 Stat. 27
Section 2241,
Section 2242,
Section 2243,
For subject matters of
Part V—Contingencies
Part Referred to in Other Sections
This part is referred to in
§2261. Authorization of appropriations
(a) Emergency assistance; reports to Speaker of House and committees of Senate
(1) Notwithstanding any other provision of law, the President is authorized to use funds made available to carry out any provision of this chapter (other than the provisions of part I of this subchapter) in order to provide, for any unanticipated contingencies, assistance authorized by subchapter I of this chapter 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.
(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) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(c) Prohibition against payment of gifts to foreign officials
No part of this fund shall be used to pay for any gifts to any officials of any foreign government made heretofore or hereafter.
(
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of this subchapter are deemed to include a reference to
Amendments
1990—Subsec. (a)(1).
1981—Subsec. (b).
1979—Subsec. (a)(1).
Subsec. (a)(2).
1978—Subsec. (a).
1977—Subsec. (a).
1976—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Subsec. (c).
1973—Subsec. (a).
1972—Subsec. (a).
1971—Subsec. (a).
1969—Subsec. (a).
1968—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
Subsec. (b).
1965—Subsec. (a).
Subsec. (b).
1964—Subsec. (a).
1963—Subsec. (a).
1962—Subsec. (a).
Subsec. (b).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Appropriation for Disaster Relief of Unallocated Excess Foreign Currencies Held in Pakistan
Section 6(b) of
Section Referred to in Other Sections
This section is referred to in
§2262. Transferred
Codification
Section,
Part VI—Central America Democracy, Peace, and Development Initiative
§2271. Statement of policy
(a) Congressional findings
The Congress finds that—
(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) Policy requirements
(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 part to establish the statutory framework and to authorize the appropriations and financing necessary to carry out the policy described in this section.
(c) Additional Congressional findings
The Congress finds, therefore, that the people of the United States are willing to sustain and expand a program of economic and military assistance in Central America if the recipient countries can demonstrate progress toward and a commitment to these goals.
(
Codification
Another section 461 of
Prior Provisions
A prior section 2271,
Effective Date
Part effective Oct. 1, 1985, see section 1301 of
Section Referred to in Other Sections
This section is referred to in
§2272. Conditions on furnishing assistance
The President shall ensure that assistance authorized by this chapter and the Arms Export Control Act [
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Arms Export Control Act, referred to in text, is
Codification
Another section 462 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2273. Peace process in Central America
The Congress—
(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.
(
Codification
Another section 463 of
§2274. Economic assistance coordination
(a) Congressional findings
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.
(b) Sense of Congress; Central American Development Organization; establishment, etc.
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 subchapter I of this chapter, 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) Participation of President in Organization
Subject to subsection (d)(2) of this section, the President is authorized to participate in the Organization.
(d) Preparation and transmission of proposal for implementation of provisions
(1) The administrator of the agency primarily responsible for administering subchapter I of this chapter, 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 of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed concerning the development of this proposal.
(2) The President shall transmit to the Committee on Foreign Affairs 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
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Another section 464 of
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2275. Authorization of appropriations
(a) Fiscal years 1988 and 1989
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.
(b) Transfer of funds
For the purpose of providing the assistance described in subsection (a) of this section, funds appropriated pursuant to the authorizations in that subsection may be transferred by the President for obligation in accordance with the authorities of subchapter I of this chapter (including part IV of subchapter II of this chapter), the Peace Corps Act [
(
References in Text
The Peace Corps Act, referred to in subsec. (b), is
The Migration and Refugee Assistance Act of 1962, referred to in subsec. (b), is
The United States Information and Education Exchange Act of 1948, referred to in subsec. (b), probably means the United States Information and Educational Exchange Act of 1948, which is act Jan. 27, 1948, ch. 36,
The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (b), is
The National Endowment for Democracy Act, referred to in subsec. (b), is title V of
The State Department Basic Authorities Act of 1956, referred to in subsec. (b), is act Aug. 1, 1956, ch. 841,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Another section 465 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2276. "Central American countries" defined
For the purposes of this part, the term "Central American countries" includes Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, and regional programs which benefit such countries.
(
Codification
Another section 466 of
Part VII—Debt-for-Nature Exchanges
Part Referred to in Other Sections
This part is referred to in title 7 section 1738k.
§2281. "Debt-for-nature exchange" defined
For purpose of this part, the term "debt-for-nature exchange" means the cancellation or redemption of the foreign debt of the government of a country in exchange for—
(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
(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).
(
References in Text
Codification
Another section 461 of
Prior Provisions
A prior section 2281,
§2282. 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.
(b) Notwithstanding any other provision of law, a grantee (or any subgrantee) of the grants referred to in subsection (a) of this section 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.
(
Codification
Another section 462 of
§2283. Eligible projects
(a) The Administrator of the Agency for International Development shall seek to ensure that debt-for-nature exchanges under this part support one or more of the following activities by either the host government, a local private conservation group, or a combination thereof:
(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.
(
Codification
Another section 463 of
Section Referred to in Other Sections
This section is referred to in
§2284. Eligible countries
In order for a foreign country to be eligible to participate in a debt-for-nature exchange under this part, the Administrator of the Agency for International Development shall determine that—
(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.
(
Codification
Another section 464 of
§2285. Terms and conditions
(a) Fulfillment upon final approval by Administrator
The terms and conditions for making grants under this part 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.
(b) Grants intended to complement assistance otherwise available
Grants made under this section are intended to complement, and not substitute for, assistance otherwise available to a foreign country under this chapter or any other provision of law.
(c) Prohibition against acceptance of title or interest in land as condition on debt exchange
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.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Codification
Another section 465 of
§2286. Pilot program for sub-Saharan Africa
(a) List of areas of severely degraded national resources or of biological or ecological importance
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.
(b) Assessment of list; agreement for future use of areas
The Administrator of the Agency for International Development shall assess the list submitted by each country under subsection (a) of this section and shall seek to reach agreement with the host country for the restoration and future sustainable use of those areas.
(c) Grants for purchase of discounted commercial debt on open market; retention of interest by grantee
(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) of this section 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) 1 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.
(
Codification
Another section 466 of
1 So in original. Probably should be "paragraph (1)".
Part VIII—International Narcotics Control
Part Referred to in Other Sections
This part is referred to in
§2291. Policy, general authorities, coordination, foreign police actions, definitions, and other provisions
(a) Policy and general authorities
(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) 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.
(E) The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F) 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) 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, 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.
(3) In order to promote international cooperation in combatting 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.
(4) 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.
(b) Coordination of all United States antinarcotics assistance to foreign countries
(1) Responsibility of Secretary of State
Consistent with
(2) Rule of construction
Nothing contained in this subsection or
(c) Participation in foreign police actions
(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 of that country.
(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) Use of herbicides for aerial eradication
(1) Monitoring
The President, with the assistance of appropriate Federal agencies, shall monitor any use under this part 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) Annual reports
In the annual report required by
(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 of the House of Representatives and the Committee on Foreign Relations of the Senate, together with such recommendations as the President deems appropriate.
(e) Definitions
For purposes of this part and other provisions of this chapter relating specifically to international narcotics matters—
(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) the term "major illicit drug producing country" means a country in which—
(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 or countries concerned;
(4) the term "United States assistance" means—
(A) any assistance under this chapter (including programs under subpart IV of part II of this subchapter, relating to the Overseas Private Investment Corporation), other than—
(i) assistance under this part,
(ii) any other narcotics-related assistance under this subchapter (including part IV of subchapter II of this chapter), but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to
(iii) disaster relief assistance, including any assistance under part IX of this subchapter,
(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 Agricultural Trade Development and Assistance Act of 1954 [
(D) financing under the Export-Import Bank Act of 1945 [
(5) the term "major drug-transit country" means a country—
(A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; or
(B) through which are transported such drugs or substances; and
(6) the term "precursor chemical" has the same meaning as the term "listed chemical" has under paragraph (33) of
(7) 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) the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(
References in Text
The National Narcotics Leadership Act of 1988, referred to in subsec. (b)(1), is subtitle A of title I of
Executive Order Number 12333, referred to in subsec. (b)(2), is set out as a note under
This chapter, referred to in subsec. (e)(4)(A), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (e)(4)(B), is
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (e)(4)(C), is act July 10, 1954, ch. 469,
The Export-Import Bank Act of 1945, referred to in subsec. (e)(4)(D), is act July 31, 1945, ch. 341,
Prior Provisions
A prior section 481 of
Amendments
1997—Subsec. (b)(1).
1996—Subsec. (a)(1)(D) to (G).
Subsec. (a)(4).
1994—Subsec. (d)(2) to (4).
Subsec. (e).
Subsec. (e)(2).
Subsec. (e)(6) to (8).
1992—
Subsec. (a)(1).
"(A) under the Single Convention on Narcotic Drugs, 1961, each signatory country has the responsibility of limiting to licit purposes the cultivation, production, manufacture, sale, and other distribution of scheduled drugs;
"(B) suppression of international narcotics trafficking is among the most important foreign policy objectives of the United States;
"(C) the international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations;
"(D) international narcotics control programs should include, as a priority, the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived, and should also include the suppression of the illicit manufacture of and traffic in narcotic and psychotropic drugs;
"(E) the objective of the United States in dealing with the problem of international money laundering should be to ensure that countries adopt comprehensive domestic measures against money laundering and cooperative with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions; and
"(F) effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs."
Subsec. (a)(1)(D) to (F).
Subsec. (a)(2).
Subsec. (b).
Subsec. (c)(4).
Subsec. (d)(3).
Subsec. (e).
"(A) Each report pursuant to this subsection shall include a report on major money laundering countries. This report shall specify—
"(i) which countries are major money laundering countries;
"(ii) which countries identified pursuant to clause (i) 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;
"(iii) which countries identified pursuant to clause (ii) have not reached agreement with the United States authorities on a mechanism for exchanging adequate records in connection with narcotics investigations and proceedings;
"(iv) which countries identified pursuant to clause (iii)—
"(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; and
"(v) which countries identified pursuant to clause (i)—
"(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,
"(B) In addition, for each major money laundering country, the report shall include findings on the 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.
"(C) The report shall also include information on multilateral and bilateral strategies 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.
"(D) 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.
"(E) As used in this paragraph, 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."
Subsecs. (f) to (h).
Subsec. (i).
Subsec. (i)(4).
Subsec. (i)(5).
Subsecs. (j), (k).
1989—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (h)(2)(A)(i)(IV).
Subsec. (h)(2)(B)(iii).
Subsec. (h)(2)(B)(v).
Subsec. (h)(3)(D).
Subsec. (i)(2).
Subsec. (k)(4).
1988—Subsec. (a)(1)(B) to (E).
Subsec. (d)(5).
Subsec. (e)(4).
Subsec. (e)(8).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (h)(2)(A)(i)(I).
Subsec. (h)(2)(A)(ii).
Subsec. (h)(2)(B).
Subsec. (h)(3).
Subsec. (h)(4).
Subsec. (h)(5).
Subsec. (h)(6)(A).
Subsec. (h)(6)(B).
Subsec. (h)(6)(B)(ii).
Subsec. (i)(4)(vi).
Subsec. (i)(4)(vii).
Subsec. (i)(4)(viii).
Subsec. (k).
1987—Subsec. (e)(7).
Subsec. (h)(2)(A).
Subsec. (h)(4)(A).
1986—Subsec. (a)(3), (4).
Subsec. (c).
"(1) Notwithstanding any other provision of law, no officer or employee of the United States may engage or participate in any direct police arrest action in any foreign country with respect to narcotics control efforts. No such officer or employee 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. The provisions of this paragraph shall not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable Status of Forces arrangements.
"(2) Paragraph (1) of this subsection shall not prohibit officers and employees of the United States from being present during direct police arrest actions with respect to narcotic control efforts in a foreign country to the extent that the Secretary of State and the government of that country agree to such an exemption. The Secretary of State shall report any such agreement to the Congress before the agreement takes effect."
Subsec. (e)(1).
Subsec. (e)(3)(D).
Subsec. (h).
Subsec. (i)(4).
Subsec. (i)(5).
1985—Subsec. (b).
"(1) Not later than forty-five days after the date on which each calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report on the programing and obligation, on a calendar quarter basis, of funds under this part prior to such date.
"(2) Not later than forty-five days after the date on which the second calendar quarter of each year ends and not later than forty-five days after the date on which the fourth calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a complete and detailed semiannual report on the activities and operations carried out under this part prior to such date. Such semiannual report shall include, but shall not be limited to—
"(A) the status of each agreement concluded prior to such date with other countries to carry out the purposes of this part; and
"(B) the aggregate of obligations and expenditures made, and the types and quantity of equipment provided, on a calendar quarter basis, prior to such date—
"(i) to carry out the purposes of this part with respect to each country and each international organization receiving assistance under this part, including the costs of United States personnel engaged in carrying out such purposes in each such country and with each such international organization;
"(ii) to carry out each program conducted under this part in each country and by each international organization, including the cost of United States personnel engaged in carrying out each such program; and
"(iii) for administrative support services within the United States to carry out the purposes of this part, including the cost of United States personnel engaged in carrying out such purposes in the United States."
Subsec. (c)(2).
Subsec. (e)(6).
Subsec. (h)(4).
1983—Subsec. (a).
Subsec. (e).
Subsecs. (f) to (j).
1981—Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
1979—Subsec. (d)(1).
1978—Subsec. (c)(1).
Subsec. (d).
1976—Subsec. (c).
1973—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1987 Amendment
Section 101(e) [title V, §585(b)] of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Limitation on Counternarcotics Assistance to Colombia
"(1)
"(2)
"(3)
[For delegation of functions of President under section 821(b) of
Report on Armed Forces Stationed in Andean Countries
Precursor Chemicals
"(a)
"(2) The purposes of the negotiations shall be to (a) establish a list of precursor and essential chemicals contributing to the illicit manufacture of controlled substances, as defined in section 102 of the Controlled Substances Act (
"(b)
"(c)
"(d)
"(e) This section shall not apply to the manufacture, distribution, sale, import or export of any drug which may, under the Federal Food, Drug and Cosmetic Act [
Linkage of Debt Reduction Loans to Reduction in Drug Trafficking; Report to Congress
"(a)
"(1) the Brady Initiative is a positive step, recognizing as it does the need for reducing the debt and debt service burdens of the indebted developing countries;
"(2) the multilateral development banks should, as part of this debt reduction process, encourage such countries to further reform their economies by reducing their dependence on production and trafficking of illicit narcotics; and
"(3) reduction of debt should relieve some of the financial burden on these countries, and thereby enable them to rely on legal income-generating activities.
"(b)
"(c)
"(d)
"(1) the term 'multilateral development bank' includes the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, and the African Development Fund; and
"(2) the term 'illegal drugs' means 'narcotic and psychotropic drugs and other controlled substances', as defined in section 481(i)(3) of the Foreign Assistance Act of 1961 (
Debt-for-Drugs Exchanges
Section 10 of
"(a)
"(b)
"(b) [(c)]
"(c) [(d)]
Additional Assistance to Countries Meeting Drug Eradication Targets or Taking Significant Steps Against Drug Production or Trafficking
"(1) If any funds made available for any fiscal year for security assistance are not used for assistance for the country for which those funds were allocated because of any provision of law requiring the withholding of assistance for countries that have not taken adequate steps to halt illicit drug production of [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:
"(A) Those funds may be transferred to and consolidated with the funds made available to carry out section 481 of the Foreign Assistance Act of 1961 [
"(B) Any such funds not used under subparagraph (A) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures of the Committees on Appropriations) in order to provide additional security assistance for those countries.
"(2) As used in this section, the term 'security assistance' means economic support fund assistance, foreign military financing, and international military education and training."
Definition of Terms Used in International Narcotics Control Act of 1988
Section 4003 of title IV of
Regional Anti-Narcotics Forces
Section 4101 of
Determining Major Drug-Transit Countries With Respect to Fiscal Year 1989
Section 4405(b) of
Bilateral Narcotics Agreements Required for Certifications for Fiscal Year 1989 and Thereafter
Section 101(e) [title V, §585(c)] of
Review of Effectiveness of International Narcotics Control Assistance Program
Section 2007 of
Multilateral Development Bank Assistance for Drug Eradication and Crop Substitution Programs
Section 2018 of
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
Reports to Congress on Drug Education Programs Abroad
Section 2029 of
United States Senate Caucus on International Narcotics Control
"(a)
"(b)
"(1) to monitor and promote international compliance with narcotics control treaties, including eradication and other relevant issues; and
"(2) to monitor and encourage United States Government and private programs seeking to expand international cooperation against drug abuse and narcotics trafficking.
"(c)
"(A) 7 Members of the Senate appointed by the President of the Senate, 4 of whom (including the member designated as Chairman) shall be selected from the majority party of the Senate, after consultation with the majority leader, and 3 of whom (including the member designated as Cochairman) shall be selected from the minority party of the Senate, after consultation with the minority leader.
"(B) 5 members of the public to be appointed by the President after consultation with the members of the appropriate congressional committees.
"(2) There shall be a Chairman and a Cochairman of the Caucus.
"(d)
"(e)
"(f)
"(g)
"(2) For purposes of section 502(b) of the Mutual Security Act of 1954 (
"(h)
"(i)
"(a) Notwithstanding the provisions of this or any other Act, the United States International Narcotics Control Commission, established by section 814 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 [section 814 of
"(b) Any reference to the United States International Narcotics Control Commission in any law, regulation, document, record, or other official paper of the United States shall be deemed to be a reference to the United States Senate Caucus on International Narcotics Control."
Drug Trafficking and Problem of Total Confidentiality of Certain Foreign Bank Accounts
Section 619 of
"(a)
"(1) several banks in Latin America and the Caribbean are used by narcotics traffickers as depositories for money obtained in providing illicit drugs to the United States and other countries of the region;
"(2) offshore banks which provide total confidentiality provide a service which materially assists the operations of illicit drug traffickers; and
"(3) cooperation in gaining access to the bank accounts of such narcotics traffickers would materially assist United States authorities in controlling the activities of such traffickers.
"(b)
"(1) requests the President to negotiate treaties or appropriate international agreements with all countries providing confidential banking services (giving high priority to countries in the Caribbean region) to provide disclosure to the United States Government of information contained in official records, and in records of bank accounts, concerning persons under investigation for violations of United States law, in particular those regarding international drug trafficking;
"(2) directs the President to include reports on the results of such efforts in the annual International Narcotics Control Strategy Report; and
"(3) reaffirms its intention to obtain maximum cooperation on the part of all governments for the purpose of halting international drug trafficking, and constantly to evaluate the cooperation of those governments receiving assistance from the United States."
Use of Funds Appropriated Prior to December 29, 1981, for Herbicide Eradication of Marihuana and Colombian Anti-Narcotics Enforcement Program
Section 502(a)(2)–(4) of
"(2) Assistance provided from funds appropriated, before the enactment of this Act [Dec. 29, 1981], to carry out section 481 of the Foreign Assistance Act of 1961 [this section] may be made available for purposes prohibited by subsection (d) of such section as in effect immediately before the enactment of this subsection [Dec. 29, 1981].
"(3) Funds appropriated for the fiscal year 1980 to carry out section 481 of the Foreign Assistance Act of 1961 [this section] which were obligated for assistance for the Republic of Colombia may be used for purposes other than those set forth in section 482(a)(2) of that Act [
"(4) Paragraphs (2) and (3) of this subsection shall apply only to the extent provided in advance in an appropriations Act. For such purpose, the funds described in those paragraphs are authorized to be made available for the purposes specified in those paragraphs."
United States Citizens Imprisoned in Mexico
Section 408 of
"(a) The Congress, while sharing the concern of the President over the urgent need for international cooperation to restrict traffic in dangerous drugs, is convinced that such efforts must be consistent with respect for fundamental human rights. The Congress, therefore, calls upon the President to take steps to insure that United States efforts to secure stringent international law enforcement measures are combined with efforts to secure fair and humane treatment for citizens of all countries.
"(b) The Congress requests that the President communicate directly to the President and Government of the Republic of Mexico, a nation with which we have friendly and cooperative relations, the continuing desire of the United States for such relations between our two countries and the concern of the United States over treatment of United States citizens arrested in Mexico."
Delegation of Presidential Authorities Under International Narcotics Control Act of 1990
Determination of President of the United States, No. 91–20, Jan. 25, 1991, 56 F.R. 8681, provided:
Memorandum for the Secretary of State [and] the Secretary of Defense
By virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the provisions of the International Narcotics Control Act of 1990 (the INCA),
(1) Delegate to the Secretary of State the functions conferred upon me by the following sections of the INCA:
Section 4(a) [Nov. 21, 1990,
(2) Delegate to the Secretary of Defense the functions conferred upon me by section 8 of the INCA [set out as a note above].
(3) Delegate to the heads of executive departments and agencies those functions under the INCA relating to notifications to the Congress insofar as such functions relate to programs for which those heads of departments and agencies have responsibilities for notifications to the Congress under Executive Order No. 12163, as amended [
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
George Bush.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2291–1. Repealed. Pub. L. 102–583, §6(e)(2), Nov. 2, 1992, 106 Stat. 4933
Section,
§2291–2. Repealed. Pub. L. 103–447, title I, §103(b), Nov. 2, 1994, 108 Stat. 4693
Section,
§2291–3. Repealed. Pub. L. 102–583, §6(e)(1), Nov. 2, 1992, 106 Stat. 4933
Section,
§2291–4. Official immunity for authorized employees and agents of United States and foreign countries engaged in interdiction of aircraft used in illicit drug trafficking
(a) Employees and agents of foreign countries
Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of a foreign country (including members of the armed forces of that country) to interdict or attempt to interdict an aircraft in that country's territory or airspace if—
(1) that aircraft is reasonably suspected to be primarily engaged in illicit drug trafficking; and
(2) the President of the United States, before the interdiction occurs, has determined with respect to that country that—
(A) interdiction is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and
(B) the country has appropriate procedures in place to protect against innocent loss of life in the air and on the ground in connection with interdiction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force directed against the aircraft.
(b) Employees and agents of United States
Notwithstanding any other provision of law, it shall not be unlawful for authorized employees or agents of the United States (including members of the Armed Forces of the United States) to provide assistance for the interdiction actions of foreign countries authorized under subsection (a) of this section. The provision of such assistance shall not give rise to any civil action seeking money damages or any other form of relief against the United States or its employees or agents (including members of the Armed Forces of the United States).
(c) Definitions
For purposes of this section:
(1) The terms "interdict" and "interdiction", with respect to an aircraft, mean to damage, render inoperative, or destroy the aircraft.
(2) The term "illicit drug trafficking" means illicit trafficking in narcotic drugs, psychotropic substances, and other controlled substances, as such activities are described by any international narcotics control agreement to which the United States is a signatory, or by the domestic law of the country in whose territory or airspace the interdiction is occurring.
(3) The term "assistance" includes operational, training, intelligence, logistical, technical, and administrative assistance.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Presidential Determinations Relating to Interdiction
The President made the determination required by subsec. (a)(2) of this section for the following countries:
Columbia, Determination No. 95–7, Dec. 1, 1994, 59 F.R. 64835.
Peru, Determination No. 95–9, Dec. 8, 1994, 59 F.R. 65231.
§2291–5. Provision of nonlethal equipment to foreign law enforcement organizations for cooperative illicit narcotics control activities
(a) In general
(1) Subject to paragraph (2), the Administrator of the Drug Enforcement Administration, in consultation with the Secretary of State, may transfer or lease each year nonlethal equipment to foreign law enforcement organizations for the purpose of establishing and carrying out cooperative illicit narcotics control activities.
(2)(A) The Administrator may transfer or lease equipment under paragraph (1) only if the equipment is not designated as a munitions item or controlled on the United States Munitions List pursuant to
(B) The value of each piece of equipment transferred or leased under paragraph (1) may not exceed $100,000.
(b) Additional requirement
The Administrator shall provide for the maintenance and repair of any equipment transferred or leased under subsection (a) of this section.
(c) Notification requirement
Before the export of any item authorized for transfer under subsection (a) of this section, the Administrator shall provide written notice to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under
(d) Sense of Congress
It is the sense of Congress that—
(1) all United States law enforcement personnel serving in Mexico should be accredited the same status under the Vienna Convention on Diplomatic Immunity as other diplomatic personnel serving at United States posts in Mexico; and
(2) all Mexican narcotics law enforcement personnel serving in the United States should be accorded the same diplomatic status as Drug Enforcement Administration personnel serving in Mexico.
(
Codification
Section was enacted as part of the Western Hemisphere Drug Elimination Act, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2291a. Authorization of appropriations
(a) Fiscal year authorization; availability of funds
(1) To carry out the purposes of
(2) Amounts appropriated under this subsection are authorized to remain available until expended.
(b) Procurement of weapons and ammunition
(1) Prohibition
Except as provided in paragraph (2), funds made available to carry out this part 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 part,
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
(c) Contributions and reimbursement
(1) To ensure local commitment to the activities assisted under this part, a country receiving assistance under this part 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.
(2)(A) The President is authorized to accept contributions from foreign governments to carry out the purposes of this part. 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 part.
(B) At the time of submission of the annual congressional presentation documents required by
(3) The President is authorized to provide assistance under this part 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 part.
(d) 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.
(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) 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.
(f) Treatment of funds
Funds transferred to and consolidated with funds appropriated pursuant to this part may be made available on such terms and conditions as are applicable to funds appropriated pursuant to this part. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this part.
(g) Excess property
For purposes of this part, the Secretary of State may use the authority of
(
Amendments
1996—Subsec. (c).
Subsecs. (f), (g).
1994—Subsec. (d).
Subsec. (e).
1992—Subsec. (a)(1).
Subsec. (b).
Subsecs. (c), (d).
1989—Subsec. (a)(1).
Subsec. (d).
1988—Subsec. (a).
1986—Subsec. (a)(1).
1985—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (d).
1981—Subsec. (a).
1980—Subsec. (a).
Subsec. (c).
1979—Subsec. (a)(1).
Subsec. (a)(2), (3).
Subsec. (a)(4).
1978—
1977—
1976—
1973—
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Colombian Anti-Narcotics Enforcement Program
Section 402(c) of
Section Referred to in Other Sections
This section is referred to in
§2291b. Prohibition on use of foreign assistance for reimbursements for drug crop eradications
Funds made available to carry out this chapter may not be used to reimburse persons whose illicit drug crops are eradicated.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
§2291c. Requirements relating to aircraft and other equipment
(a) Retention of title to aircraft
(1) In general
(A) Except as provided in paragraph (2), any aircraft made available to a foreign country under this part, 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
(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 [
(B) Section 61(a)(3) 1 of that Act [
(C) To the extent that aircraft so leased were acquired under
(b) 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 part are used only in ways that are consistent with the purposes for which such equipment was made available.
(c) Reports
In the reports submitted pursuant to
(1) any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this part, and
(2) the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.
(
References in Text
The Arms Export Control Act, referred to in subsec. (a)(3), is
Codification
The text of subsecs. (a) and (b) of
Amendments
1992—
Subsecs. (b), (c).
1990—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Training of Host Country Pilots
"(a)
"(b)
"(c)
[Functions of President under section 13 of
1 See References in Text note below.
§2291d. Records of aircraft use
(a) Requirement to maintain records
The President shall maintain detailed records on the use of any aircraft made available to a foreign country under this part, including aircraft made available before October 27, 1986.
(b) Congressional access to records
The President shall make the records maintained pursuant to subsection (a) of this section available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate.
(
Amendments
1992—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2291e. Reallocation of funds withheld from countries which fail to take adequate steps to halt illicit drug production or trafficking
If any funds authorized to be appropriated for any fiscal year for assistance under this chapter are not used for assistance for the country for which those funds were allocated because of the requirements of
(1) International narcotics control assistance
Those funds may be transferred to and consolidated with the funds appropriated to carry out this part 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
(2) Other 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
(
References in Text
The Arms Export Control Act, referred to in par. (1), is
Amendments
1994—
1992—Subsec. (a).
Subsec. (b).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Supersedure of Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989
Section 4206(b) of
§2291f. Prohibition on assistance to drug traffickers
(a) Prohibition
The President shall take all reasonable steps to ensure that assistance under this chapter and the Arms Export Control Act [
(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 narcotic or psychotropic drugs or other controlled substances; or
(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) Regulations
The President shall issue regulations specifying the steps to be taken in carrying out this section.
(c) Congressional review of regulations
Regulations issued pursuant to subsection (b) of this section shall be submitted to the Congress before they take effect.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Amendments
1994—Subsec. (a)(1).
1992—Subsec. (a)(1).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2291g. Limitations on acquisition of real property and construction of facilities
(a) Acquisition of real property
(1) Prohibition
Funds made available to carry out this part 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.
(3) Report
The Secretary of State shall provide to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate within 30 days after the end of each quarter of the fiscal year a detailed report on all leases entered into pursuant to paragraph (2), including the cost and duration of such lease, a description of the property leased, and the purpose for which such lease was entered into.
(b) Construction of facilities
(1) Limitation
Funds made available to carry out this part 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
(2) Exception
Paragraph (1) shall not apply to the construction of facilities which would require the obligation of less than $750,000 under this part.
(
Amendments
1992—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2291h. Reporting requirements
(a) International narcotics control strategy report
Not later than March 1 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:
(1) For each country that received assistance under this part 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) The identity of those countries which are—
(A) major illicit drug producing countries or major drug-transit countries as determined under
(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.
(b) Annual reports on assistance
(1) In general
At the time that the report required by subsection (a) of this section 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) of this section, 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.
(
References in Text
Section 2015 of the International Narcotics Act of 1986, referred to in subsec. (a)(2)(A), probably means section 2015 of the International Narcotics Control Act of 1986,
Prior Provisions
A prior section 2291h,
Amendments
1995—
Subsec. (c).
1994—
Subsec. (a).
Subsec. (a)(3)(B) to (D).
Subsec. (c).
"(1) the term 'precursor chemical' has the same meaning as the term 'listed chemical' has under paragraph (33) of
"(2) 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."
Subsec. (d).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Statutory References to Annual Reports, Certifications, and Definitions
Section 6(a) of
Section Referred to in Other Sections
This section is referred to in
§2291i. Repealed. Pub. L. 104–66, title I, §1112(a), Dec. 21, 1995, 109 Stat. 723
Section,
§2291j. Annual certification procedures
(a) Withholding of bilateral assistance and opposition to multilateral development assistance
(1) Bilateral assistance
Fifty percent of the United States assistance allocated each fiscal year in the report required by
(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 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) of this section), except as provided in subsection (b) of this section. 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.
(b) Certification procedures
(1) What must be certified
Subject to subsection (d) of this section, the assistance withheld from a country pursuant to subsection (a)(1) of this section may be obligated and expended, and the requirement of subsection (a)(2) of this section 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
(A) 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
(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) of this section be provided and that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2) of this section.
(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) of this section 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.
(d) Congressional review
Subsection (e) of this section shall apply if, within 30 calendar days after receipt of a certification submitted under subsection (b) of this section at the time of submission of the report required by
(e) Denial of assistance for countries decertified
If the President does not make a certification under subsection (b) of this section 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) of this section 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) of this section shall apply with respect to that country, without regard to the date specified in that subsection.
(f) Recertification
Subsection (e) of this section shall apply to a country described in that subsection until—
(1) the President, at the time of submission of the report required by
(2) the President, at any other time, makes the certification described in subsection (b)(1)(B) of this section 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) of this section, 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) of this section.
Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification.
(g) 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.
(h) Determining major drug-transit and major illicit drug producing countries
Not later than November 1 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 chapter.
(
References in Text
Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g), is section 601(b) of
This chapter, referred to in subsec. (h), was in the original "this Act", meaning
Amendments
1995—
Subsec. (i).
1994—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Subsec. (d).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Certification for Major Illicit Drug Producing and Drug Transit Countries
Determination of President of the United States, No. 99–15, Feb. 26, 1999, 64 F.R. 11319, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by section 490(b)(1)(A) of the Foreign Assistance Act of 1961, as amended [
Aruba, The Bahamas, Belize, Bolivia, Brazil, China, Colombia, Dominican Republic, Ecuador, Guatemala, Hong Kong, India, Jamaica, Laos, Mexico, Pakistan, Panama, Peru, Taiwan, Thailand, Venezuela, and Vietnam.
By virtue of the authority vested in me by section 490(b)(1)(B) of the Act, I hereby determine that it is in the vital national interests of the United States to certify the following major illicit drug producing and/or major illicit drug transit countries:
Cambodia, Haiti, Nigeria, and Paraguay.
Analysis of the relevant U.S. vital national interests, as required under section 490(b)(3) of the Act, is attached [not set out in the Code].
I have determined that the following major illicit drug producing and/or major illicit drug transit countries do not meet the standards set forth in section 490(b) for certification:
Afghanistan, Burma.
In making these determinations, I have considered the factors set forth in section 490 of the Act. Given that the performance of each of these countries/dependent territories has differed, I have attached an explanatory statement for each of the countries/dependent territories subject to this determination [not set out in the Code].
You are hereby authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register.
William J. Clinton.
Prior certifications for major narcotics producing and transit countries were contained in the following:
Determination of President of the United States, No. 98–15, Feb. 26, 1998, 63 F.R. 12937.
Determination of President of the United States, No. 97–18, Feb. 28, 1997, 62 F.R. 11589.
Determination of President of the United States, No. 96–13, Mar. 1, 1996, 61 F.R. 9891.
Determination of President of the United States, No. 95–15, Feb. 28, 1995, 60 F.R. 12859.
Determination of President of the United States, No. 94–22, Apr. 1, 1994, 59 F.R. 17231.
Determination of President of the United States, No. 93–18, Mar. 31, 1993, 58 F.R. 19033.
Determination of President of the United States, No. 92–18, Feb. 28, 1992, 57 F.R. 8571.
Determination of President of the United States, No. 91–22, Mar. 1, 1991, 56 F.R. 10773.
Determination of President of the United States, No. 90–12, Feb. 28, 1990, 55 F.R. 10597.
Determination of President of the United States, No. 89–11, Feb. 28, 1989, 54 F.R. 9413.
Determination of President of the United States, No. 88–10, Feb. 29, 1988, 53 F.R. 11487.
Section Referred to in Other Sections
This section is referred to in
§2291k. Repealed. Pub. L. 104–66, title I, §1112(b), Dec. 21, 1995, 109 Stat. 724
Section,
Part IX—International Disaster Assistance
Part Referred to in Other Sections
This part is referred to in
§2292. General provisions
(a) Congressional policy
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.
(b) General authority
Subject to limitations in
(c) Specific direction
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.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Prior Provisions
A prior section 491 of
Amendments
1980—Subsec. (b).
1978—Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2292a. Authorization of appropriations
(a) Fiscal year authorization
There are authorized to be appropriated to the President to carry out
(b) Subsequent appropriations for reimbursement of additional fiscal year obligations charged against appropriation account
In addition to amounts otherwise available to carry out this part, up to $50,000,000 in any fiscal year may be obligated against appropriations under subchapter I of this chapter (other than this part) for use in providing assistance in accordance with the authorities and general policies of
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1985—Subsec. (a).
1981—Subsec. (a).
1980—Subsec. (a).
Subsec. (b).
1979—
1978—
1977—
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2292a–1. Appropriated funds; Presidential reports to Committees on Appropriations of the Senate and the House
The President shall submit quarterly reports to the Committee on Appropriations of the United States Senate and to the Committee on Appropriations of the House of Representatives on the programing and obligation of funds appropriated for International Disaster Assistance.
(
Codification
Section was not enacted as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2292b. Disaster assistance coordination through a Special Coordinator for International Disaster Assistance; Presidential appointment and duties
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.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292c. Authorization of appropriations for disaster relief and emergency recovery needs in Pakistan and Nicaragua
There are 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.
(
Codification
Section was formerly classified to
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292d. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
Assistance in Controlling Locust Plagues in Africa; Authorization of Appropriations
§2292e. Transferred
Codification
Section,
§2292f. Cyprus: relief and rehabilitation; terms and conditions; authorization of appropriations; section 2292 policy and general authority applicable
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. 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
(
Amendments
1976—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292g. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2292h. Italy: relief, rehabilitation and reconstruction assistance
(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 part 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.
(b) 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
(c) Obligations incurred prior to June 30, 1976, 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)(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
(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 part.
(
Amendments
1980—Subsec. (d).
1977—Subsecs. (b), (c).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292i. Lebanon: relief and rehabilitation
(a) General authority
The Congress, recognizing that prompt United States assistance is necessary to alleviate the human suffering arising from 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.
(b) Authorization of appropriations
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.
(c) Section 2292 policy and general authority applicable
Assistance under this section shall be provided in accordance with the policies and general authority contained in
(d) Obligations charged to appropriations
Obligations incurred prior to June 30, 1976, 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.
(
Amendments
1978—Subsec. (e).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292j. Romania: relief and rehabilitation
(a) Authorization of assistance
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.
(b) Authorization of appropriations
There are hereby authorized to be appropriated to the President for the fiscal year 1977, notwithstanding any other provisions of this chapter, in addition to amounts otherwise available for such purposes, not to exceed $20,000,000, which amount is authorized to remain available until expended.
(c) Policies and general authority
Assistance under this section shall be provided in accordance with the policies and general authority contained in
(d) Obligations charged against appropriations
Obligations incurred prior to April 18, 1977, 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) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(f) Human rights
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.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
1981—Subsec. (e).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292k. Turkey: relief, rehabilitation, and reconstruction
The President is requested to use up to $10,000,000 of the funds made available under
(
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292l. Africa: rehabilitation and resettlement
(a) Congressional policy; general authority
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.
(b) Authorization of appropriations
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. Amounts appropriated under this subsection are authorized to remain available until expended.
(c) Provisions of section 2292 of this title applicable to this section
Assistance under this section shall be provided in accordance with the policies and general authorities contained in
(
Amendments
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
1979—
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292m. 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. Assistance under this section shall be provided in accordance with the policies and general authorities contained in
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292n. Cambodia: disaster relief assistance
(a) Congressional recognition and statement of purpose; authority of President; scope of assistance
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.
(b) Assistance through international agencies and private voluntary organizations
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) Assistance procedures; monitoring of deliveries
(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) Repealed.
(d) Authorization of appropriations; charges for obligations incurred under other appropriations or accounts; authority for transfer of funds; agricultural commodity assistance priorities
(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.
(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
(4) Priority shall be given in allocating assistance under the Agricultural Trade Development and Assistance Act of 1954 [
(e) Section 2292 policies and general authorities applicable
Assistance under this section shall be provided in accordance with the policies and utilizing the general authorities provided in
(
References in Text
This chapter, referred to in subsec. (d)(3), was in the original "this Act", meaning
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (d)(4), is act July 10, 1954, ch. 469,
Amendments
1981—Subsec. (c)(2).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292o. Assistance for displaced persons in Central America
(a) Nature and scope of assistance
(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.
(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) Authorization of appropriations
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. Amounts appropriated under this section are authorized to remain available until expended.
(c) Applicable policies and authorities
Assistance under this section shall be provided in accordance with the policies and utilizing the general authorities provided in
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292p. Lebanon: emergency relief, rehabilitation, and reconstruction assistance
(a) Congressional policy and authorization
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.
(b) Authorization of appropriations
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) Policies and general authority
Assistance under this section shall be furnished in accordance with the policies and general authorities contained in
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2292q. African famine assistance
(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) of this section.
(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
(
References in Text
Section 5(a) of the African Famine Relief and Recovery Act of 1985, referred to in subsec. (b)(3), is section 5(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
African Famine Relief and Recovery Act of 1985
Part X—Development Fund for Africa
Prior Provisions
A prior part X, consisting of sections 2293 and 2294, related to assistance to Portugal and Portuguese colonies in Africa gaining independence, prior to repeal by
Part Referred to in Other Sections
This part is referred to in
§2293. Long-term development assistance for sub-Saharan Africa
(a) Findings
The Congress finds that—
(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 part I of this subchapter (including references to
(2) assistance under this section shall be provided consistent with the policies contained in
(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) of this section.
(2) "Private and voluntary organization" defined
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 1 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) of this section.
(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) of this section.
(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) of this section, with primary emphasis on reform of economic policies to support the critical sectoral priorities described in subsection (i) of this section.
(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) Other assistance
Funds made available to carry out this section shall be used almost exclusively for assistance in accordance with paragraphs (1) and (2). Assistance consistent with the purpose of subsection (c) of this section may also be furnished under this section to carry out the provisions of
(i) Critical sectoral priorities
The critical sectoral priorities for long-term development, as described in subsection (c) of this section, are the following:
(1) Agricultural production and natural resources
(A) Agricultural production
Increasing agricultural production in ways which protect and restore the natural resource base, especially food production, through agricultural policy changes, agricultural research (including participatory research directly involving small farmers) and extension, development and promotion of agriculture marketing activities, credit facilities, and appropriate production packages, and the construction and improvement of needed production-related infrastructure such as farm-to-market roads, small-scale irrigation, and rural electrification. Within this process, emphasis shall be given to promoting increased equity in rural income distribution, recognizing the role of small farmers.
(B) Natural resource base
Maintaining and restoring the renewable natural resource base primarily in ways which increase agricultural production, through the following:
(i) Small-scale, affordable, resource-conserving, low-risk local projects, using appropriate technologies (including traditional agricultural methods) suited to local environmental, resource, and climatic conditions, and featuring close consultation with and involvement of local people at all stages of project design and implementation. Emphasis shall be given to grants for African local government organizations, international or African nongovernmental organizations, and United States private and voluntary organizations.
(ii) Support for efforts at national and regional levels to provide technical and other support for projects of the kinds described in clause (i) and to strengthen the capacities of African countries to provide effective extension and other services in support of environmentally sustainable increases in food production.
(iii) Support for special training and education efforts to improve the capacity of countries in sub-Saharan Africa to manage their own environments and natural resources.
(iv) Support for low-cost desalination activities in order to increase the availability of fresh water sources in sub-Saharan Africa.
(2) Health
Improving health conditions, with special emphasis on meeting the health needs of mothers and children (including displaced children) through the establishment of primary health care systems that give priority to preventive health and that will be ultimately self-sustaining.
(3) Voluntary family planning services
Providing increased access to voluntary family planning services, including encouragement of private, community, and local government initiatives.
(4) Education
Improving the relevance, equity, and efficiency of education, with special emphasis on improving primary education.
(5) Income-generating opportunities
Developing income-generating opportunities for the unemployed and underemployed in urban and rural areas through, among other things, support for off-farm employment opportunities in micro- and small-scale labor-intensive enterprises.
(j) Minimum levels of assistance for certain critical sectors
The Agency for International Development should target the equivalent of 10 percent of the amount authorized to be appropriated for each fiscal year to carry out this part for each of the following:
(1) The activities described in subsection (i)(1)(B) of this section, including identifiable components of agricultural production projects.
(2) The activities described in subsection (i)(2) of this section.
(3) The activities described in subsection (i)(3) of this section.
(k) Effective use of assistance
Assistance provided under this section shall be concentrated in countries which will make the most effective use of such assistance in order to fulfill the purpose specified in subsection (c) of this section, especially those countries (including those of the Sahel region) having the greatest need for outside assistance.
(l) Promotion of regional integration
Assistance under this section shall, to the extent consistent with this section, include assistance to promote the regional and subregional integration of African production structures, markets, and infrastructure.
(m) Donor coordination mechanism
Funds made available to carry out this section may be used to assist the governments of countries in sub-Saharan Africa to increase their capacity to participate effectively in donor coordination mechanisms at the country, regional, and sector levels.
(n) Relation to other authorities
(1) Assistance under other authorities
The authority granted by this section to provide assistance for long-term development in sub-Saharan Africa is not intended to preclude the use of other authorities for that purpose. Centrally funded programs which benefit sub-Saharan Africa shall continue to be funded under part I of this subchapter.
(2) Transfer authorities
(A) The transfer authority contained in
(B) The transfer authority contained in
(3) Reprogramming notifications
(4) Procurement of goods and services
In order to allow the assistance authorized by this section to be furnished as effectively and expeditiously as possible,
(o) Support for SADCC projects
(1) Authority to provide assistance
To the extent funds are provided for such purpose in the annual Foreign Operations, Export Financing, and Related Programs Appropriations Act, funds made available to carry out this part may be used to assist sector projects, in the sectors specified in paragraph (2), that are supported by the Southern Africa Development Coordination Conference (SADCC) to enhance the economic development of the member states forming that regional institution.
(2) Sectors
The sectors with respect to which assistance may be provided under this subsection are the following: transportation; manpower development; agriculture and natural resources; energy (including the improved utilization of electrical power sources which already exist in the member states and offer the potential to swiftly reduce the dependence of those states on South Africa for electricity); and industrial development and trade (including private sector initiatives).
(3) Relation to DFA policies and authorities
To the maximum extent feasible, the assistance authorized by this subsection shall be provided consistent with the policies and authorities contained in the preceding subsection of this section.
(
References in Text
This chapter, referred to in subsec. (n)(2)(B), was in the original "this Act", meaning
The Comprehensive Anti/Apartheid Act of 1986, referred to in subsec. (n)(4), probably means the Comprehensive Anti-Apartheid Act of 1986, which is
Prior Provisions
A prior section 2293,
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Agricultural and Rural Development in Sub-Saharan Africa
"(a)
"(1) The economic, security, and humanitarian interests of the United States and the nations of sub-Saharan Africa would be enhanced by sustainable, broad-based agricultural and rural development in each of the African nations.
"(2) According to the Food and Agriculture Organization, the number of undernourished people in Africa has more than doubled, from approximately 100,000,000 in the late 1960s to 215,000,000 in 1998, and is projected to increase to 265,000,000 by the year 2010. According to the Food and Agriculture Organization, the term 'under nutrition' means inadequate consumption of nutrients, often adversely affecting children's physical and mental development, undermining their future as productive and creative members of their communities.
"(3) Currently, agricultural production in Africa employs about two-thirds of the workforce but produces less than one-fourth of the gross domestic product in sub-Saharan Africa, according to the World Bank Group.
"(4) African women produce up to 80 percent of the total food supply in Africa according to the International Food Policy Research Institute.
"(5) An effective way to improve conditions of the poor is to increase the productivity of the agricultural sector. Productivity increases can be fostered by increasing research and education in agriculture and rural development.
"(6) In November 1996, the World Food Summit set a goal of reducing hunger worldwide by 50 percent by the year 2015 and encouraged national governments to develop domestic food plans and to support international aid efforts.
"(7) Although the World Bank Group recently has launched a major initiative to support agricultural and rural development, only 10 percent, or $1,200,000,000, of its total lending to sub-Saharan Africa for fiscal years 1993 to 1997 was devoted to agriculture.
"(8)(A) United States food processing and agricultural sectors benefit greatly from the liberalization of global trade and increased exports.
"(B) Africa represents a growing market for United States food and agricultural products. Africa's food imports are projected to rise from less than 8,000,000 metric tons in 1990 to more than 25,000,000 metric tons by the [sic] 2020.
"(9)(A) Increased private sector investment in African countries and expanded trade between the United States and Africa can greatly help African countries achieve food self-sufficiency and graduate from dependency on international assistance.
"(B) Development assistance, technical assistance, and training can facilitate and encourage commercial development in Africa, such as improving rural roads, agricultural research and extension, and providing access to credit and other resources.
"(10)(A) Several United States private voluntary organizations have demonstrated success in empowering Africans through direct business ownership and helping African agricultural producers more efficiently and directly market their products.
"(B) Rural business associations, owned and controlled by farmer shareholders, also greatly help agricultural producers to increase their household incomes.
"(b)
"SEC. 101. AFRICA FOOD SECURITY INITIATIVE.
"(a)
"(1) shall emphasize programs and projects that improve the food security of infants, young children, school-age children, women and food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa;
"(2) shall solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects;
"(3) shall favor countries that are implementing reforms of their trade and investment laws and regulations in order to enhance free market development in the food processing and agricultural sectors; and
"(4) shall ensure that programs are designed and conducted in cooperation with African and United States organizations and institutions, such as private and voluntary organizations, cooperatives, land-grant and other appropriate universities, and local producer-owned cooperative marketing and buying associations, that have expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women.
"(b)
"SEC. 102. MICROENTERPRISE ASSISTANCE.
"(a)
"(b)
"(1)
"(2)
"SEC. 103. SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING ASSOCIATIONS.
"(a)
"(1) to support producer-owned cooperative purchasing and marketing associations in sub-Saharan Africa;
"(2) to strengthen the capacity of farmers in sub-Saharan Africa to participate in national and international private markets and to promote rural development in sub-Saharan Africa;
"(3) to encourage the efforts of farmers in sub-Saharan Africa to increase their productivity and income through improved access to farm supplies, seasonal credit, technical expertise; and
"(4) to support small businesses in sub-Saharan Africa as they grow beyond microenterprises.
"(b)
"(1)
"(A)
"(B)
"(i) shall take into account small-scale farmers, small rural entrepreneurs, and rural workers and communities; and
"(ii) shall take into account the local-level perspectives of the rural and urban poor through close consultation with these groups, consistent with section 496(e)(1) of the Foreign Assistance Act of 1961 (
"(2)
"(A) to cooperate with governments of foreign countries, including governments of political subdivisions of such countries, their agricultural research universities, and particularly with United States nongovernmental organizations and United States land-grant universities, that have demonstrated expertise in the development and promotion of successful private producer-owned cooperative marketing associations; and
"(B) to facilitate partnerships between United States and African cooperatives and private businesses to enhance the capacity and technical and marketing expertise of business associations in sub-Saharan Africa.
"SEC. 104. AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION.
"(a)
"(b)
"(1) the Overseas Private Investment Corporation should exercise its authority under law to undertake an initiative to support private agricultural and rural development in sub-Saharan Africa, including issuing loans, guaranties, and insurance, to support rural development in sub-Saharan Africa, particularly to support intermediary organizations that—
"(A) directly serve the needs of small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative purchasing and marketing associations;
"(B) have a clear track-record of support for sound business management practices; and
"(C) have demonstrated experience with participatory development methods; and
"(2) the Overseas Private Investment Corporation should utilize existing equity funds, loan and insurance funds, to the extent feasible and in accordance with existing contractual obligations, to support agriculture and rural development in sub-Saharan Africa.
"SEC. 105. AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES.
"(a)
"(b)
"(1) research and extension activities will respond to the needs of small-scale farmers while developing the potential and skills of researchers, extension agents, farmers, and agribusiness persons in sub-Saharan Africa;
"(2) sustainable agricultural methods of farming will be considered together with new technologies in increasing agricultural productivity in sub-Saharan Africa; and
"(3) research and extension efforts will focus on sustainable agricultural practices and will be adapted to widely varying climates within sub-Saharan Africa."
Reports to Congress
Section 562(c) of
"(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."
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "has".
§2294. Authorizations of appropriations for Development Fund for Africa
Funds appropriated to carry out this part are authorized to be made available until expended. It is the sense of the Congress that the authority of this subsection 1 should be used to extend the period of availability of those funds whenever appropriate to improve the quality of assistance provided under
(
Prior Provisions
A prior section 2294,
1 So in original. Probably should be "section".
Part XI—Support for Economic and Democratic Development of the Independent States of the Former Soviet Union
Part Referred to in Other Sections
This part is referred to in
§2295. Assistance for the independent states
The President is authorized to provide assistance to the independent states of the former Soviet Union under this part for the following activities:
(1) Urgent humanitarian needs
Meeting urgent humanitarian needs (including those arising from the health effects of exposure to radiation in the Chernobyl region), in particular—
(A) meeting needs for medicine, medical supplies and equipment, and food, including the nutritional needs of infants such as processed baby food; and
(B) continuing efforts to rebuild from the earthquake in Armenia.
(2) Democracy
Establishing a democratic and free society by fostering—
(A) political, social, and economic pluralism;
(B) respect for internationally recognized human rights and the rule of law;
(C) the development of institutions of democratic governance, including electoral and legislative processes;
(D) the institution and improvement of public administration at the national, intergovernmental, regional, and local level;
(E) the development of a free and independent media;
(F) the development of effective control by elected civilian officials over, and the development of a nonpolitical officer corps in, the military and security forces; and
(G) strengthened administration of justice through programs and activities carried out in accordance with
(3) Free market systems
Creating and developing private enterprise and free market systems based on the principle of private ownership of property, including—
(A) the development of private cooperatives, credit unions, and labor unions;
(B) the improvement in the collection and analysis of statistical information;
(C) the reform and restructuring of banking and financial systems; and
(D) the protection of intellectual property.
(4) Trade and investment
Creating conditions that promote trade and investment, and encouraging participation of the United States private sector in the development of the private sector in the independent states of the former Soviet Union.
(5) Food distribution and production
Promoting market-based mechanisms for the distribution of the inputs necessary to agricultural production and for the handling, marketing, storage, and processing of agricultural commodities; encouraging policies that provide incentives for agricultural production; and creating institutions that provide technical and financial support for the agricultural sector.
(6) Health and human services
Promoting programs to strengthen and build institutions that provide quality health care and voluntary family planning services, housing, and other services and policies that are components of a social safety net, particularly for infants, children, and people with disabilities.
(7) Education and educational television
Promoting broad-based educational reform at all levels, in particular—
(A) by assisting the development of curricula and by making available textbooks, other educational materials, and appropriate telecommunications technologies for the delivery of educational and instructional programming; and
(B) by assisting the development of the skills necessary to produce educational television programs aimed at promoting basic skills and the human values associated with a democratic society and a free market economy.
(8) Energy efficiency and production
Promoting market-based pricing policies and the transfer of technologies that reduce energy wastage and harmful emissions; supporting developmentally sound capital energy projects that utilize United States advanced coal technologies; and promoting efficient production, use, and transportation of oil, gas, coal, and other sources of energy.
(9) Civilian nuclear reactor safety
Implementing—
(A) a program of short-term safety upgrade of civilian nuclear power plants, including the training of power plant personnel, implementation of improved procedures for nuclear power plant operation, the development of effective and independent regulatory authorities, and cost-effective hardware upgrades; and
(B) a program to retire those civilian nuclear power plants whose capacity could be more cost-effectively replaced through energy efficiency.
(10) Environment
Enhancing the human and natural environment and conserving environmental resources, including through—
(A) facilitation of the adoption of environmentally-sound policies and technologies, environmental restoration, and sustainable use of natural resources;
(B) promotion of the provision of environmental technology, education, and training by United States businesses, not-for-profit organizations, and institutions of higher education; and
(C) promotion of cooperative research efforts to validate and improve environmental monitoring of protracted radiation exposure.
(11) Transportation and telecommunications
Improving transportation and telecommunications infrastructure and management, including intermodal transportation systems to ensure the safe and efficient movement of people, products, and materials.
(12) Drug education, interdiction, and eradication
Promoting drug education, interdiction, and eradication programs.
(13) Migration
Protecting and caring for refugees, displaced persons, and other migrants; addressing the root causes of migration; and promoting the development of appropriate immigration and emigration laws and procedures.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2295a. Criteria for assistance to governments of the independent states
(a) In general
In providing assistance under this part for the government of any independent state of the former Soviet Union, the President shall take into account not only relative need but also the extent to which that independent state is acting to—
(1) make significant progress toward, and is committed to the comprehensive implementation of, a democratic system based on principles of the rule of law, individual freedoms, and representative government determined by free and fair elections;
(2) make significant progress in, and is committed to the comprehensive implementation of, economic reform based on market principles, private ownership, and integration into the world economy, including implementation of the legal and policy frameworks necessary for such reform (including protection of intellectual property and respect for contracts);
(3) respect internationally recognized human rights, including the rights of minorities and the rights to freedom of religion and emigration;
(4) respect international law and obligations and adhere to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris, including the obligations to refrain from the threat or use of force and to settle disputes peacefully;
(5) cooperate in seeking peaceful resolution of ethnic and regional conflicts;
(6) implement responsible security policies, including—
(A) adhering to arms control obligations derived from agreements signed by the former Soviet Union;
(B) reducing military forces and expenditures to a level consistent with legitimate defense requirements;
(C) not proliferating nuclear, biological, or chemical weapons, their delivery systems, or related technologies; and
(D) restraining conventional weapons transfers;
(7) take constructive actions to protect the international environment, prevent significant transborder pollution, and promote sustainable use of natural resources;
(8) deny support for acts of international terrorism;
(9) accept responsibility for paying an equitable portion of the indebtedness to United States firms incurred by the former Soviet Union;
(10) cooperate with the United States Government in uncovering all evidence regarding Americans listed as prisoners-of-war, or otherwise missing during American operations, who were detained in the former Soviet Union during the Cold War; and
(11) terminate support for the communist regime in Cuba, including removal of troops, closing military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos, and ceasing trade subsidies and economic, nuclear, and other assistance.
(b) Ineligibility for assistance
The President shall not provide assistance under this part—
(1) for the government of any independent state that the President determines is engaged in a consistent pattern of gross violations of internationally recognized human rights or of international law;
(2) for the government of any independent state that the President determines has failed to take constructive actions to facilitate the effective implementation of applicable arms control obligations derived from agreements signed by the former Soviet Union;
(3) for the government of any independent state that the President determines has, on or after October 24, 1992, knowingly transferred to another country—
(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime; or
(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapon;
(4) for the government of any independent state that is prohibited from receiving such assistance by
(5) for the government of any independent state effective 30 days after the President has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in
(6) for the Government of Russia if it has failed to make significant progress on the removal of Russian or Commonwealth of Independent States troops from Estonia, Latvia, and Lithuania or if it has failed to undertake good faith efforts, such as negotiations, to end other military practices that violate the sovereignty of the Baltics 1 states.
(c) Exceptions to ineligibility
Assistance prohibited by subsection (b) of this section or any similar provision of law, other than assistance prohibited by the provisions referred to in subsection (b)(4) of this section, may be furnished under any of the following circumstances:
(1) The President determines that furnishing such assistance is important to the national interest of the United States.
(2) The President determines that furnishing such assistance will foster respect for internationally recognized human rights and the rule of law or the development of institutions of democratic governance.
(3) The assistance is furnished for the alleviation of suffering resulting from a natural or man-made disaster.
(4) The assistance is provided under the secondary school exchange program administered by the United States Information Agency.
The President shall immediately report to the Congress any determination under paragraph (1) or (2) or any decision to provide assistance under paragraph (3).
(d) Reduction in assistance for support of intelligence facilities in Cuba
(1) Reduction in assistance
Notwithstanding any other provision of law, the President shall withhold from assistance provided, on or after March 12, 1996, for an independent state of the former Soviet Union under this chapter an amount equal to the sum of assistance and credits, if any, provided on or after March 12, 1996, by such state in support of intelligence facilities in Cuba, including the intelligence facility at Lourdes, Cuba.
(2) Waiver
(A) The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the provision of such assistance is important to the national security of the United States, and, in the case of such a certification made with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that the Russian Government is not sharing intelligence data collected at the Lourdes facility with officials or agents of the Cuban Government.
(B) At the time of a certification made with respect to Russia under subparagraph (A), the President shall also submit to the appropriate congressional committees a report describing the intelligence activities of Russia in Cuba, including the purposes for which the Lourdes facility is used by the Russian Government and the extent to which the Russian Government provides payment or government credits to the Cuban Government for the continued use of the Lourdes facility.
(C) The report required by subparagraph (B) may be submitted in classified form.
(D) For purposes of this paragraph, the term "appropriate congressional committees" includes the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(3) Exceptions to reductions in assistance
The requirement of paragraph (1) to withhold assistance shall not apply with respect to—
(A) assistance to meet urgent humanitarian needs, including disaster and refugee relief;
(B) democratic political reform or rule of law activities;
(C) technical assistance for safety upgrades of civilian nuclear power plants;
(D) the creation of private sector or nongovernmental organizations that are independent of government control;
(E) the development of a free market economic system;
(F) assistance under the secondary school exchange program administered by the United States Information Agency; or
(G) assistance for the purposes described in the Cooperative Threat Reduction Act of 1993 (title XII of
(
References in Text
This chapter, referred to in subsec. (d)(1), was in the original "this Act", meaning
The Cooperative Threat Reduction Act of 1993, referred to in subsec. (d)(3)(G), is title XII of div. A of
Amendments
1996—Subsec. (a)(11).
Subsec. (b)(5), (6).
Subsec. (c)(4).
Subsec. (d).
1994—Subsec. (b)(4).
Change of Name
The Conference on Security and Cooperation in Europe to be called the Organization for Security and Cooperation in Europe effective Jan. 1, 1995, pursuant to Ex. Ord. No. 13029, Dec. 3, 1996, 61 F.R. 64591.
Effective Date of 1994 Amendment
Amendment by
Transfer of Functions
United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Functions of President under subsecs. (a) and (c)(2) of this section delegated to Coordinator by section 2(c), (d) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under
Functions of President under subsecs. (b)(1)–(3), (5), and (c)(1) of this section delegated to Secretary of State by section 1(2), (3) of Ex. Ord. No. 12884.
Functions of President under subsec. (c)(3) of this section and requirement to make reports under this section regarding determinations under subsec. (c)(3) delegated to Secretary of State by section 3(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended.
Ineligibility for Assistance of Institutions Withholding Certain Documents of United States Nationals
Section 202 of
"(a)
"(1) on the date of enactment of this Act [Oct. 24, 1992], there is outstanding a final judgment by a court of competent jurisdiction in that independent state that that governmental entity is withholding unlawfully books or other documents of religious or historical significance that are the property of United States persons; and
"(2) within 90 days of a request by such United States persons, the Secretary of State determines that execution of the court's judgment is blocked as the result of extrajudicial causes such as any of the following:
"(A) A declared refusal of the defendant to comply.
"(B) The unwillingness or failure of local authorities to enforce compliance.
"(C) The issuance of an administrative decree nullifying a court's judgment or forbidding compliance.
"(D) The passage of legislation, after a court's judgment, nullifying that judgment or forbidding compliance with that judgment.
"(b)
"(c)
"(1) the court's judgment has been executed; or
"(2) it is important to the national interest of the United States to do so.
"(d)
"(e)
"(1) any citizen, national, or permanent resident alien of the United States; and
"(2) any corporation, partnership, or other juridical entity which is 50 percent or more beneficially owned by individuals described in paragraph (1)."
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Baltic".
§2295b. Authorities relating to assistance and other provisions
(a) Assistance through governments and nongovernmental organizations
Assistance under this part may be provided to governments or through nongovernmental organizations.
(b) Technical and managerial assistance
Technical assistance under this part shall, to the maximum extent feasible, be provided on a long term, on-site basis and shall emphasize the provision of practical, management and other problem-solving advice, particularly advice on private enterprise provided by United States business volunteers.
(c) Enterprise funds
Activities supported pursuant to this part may include the establishment of and the provision of support for one or more enterprise funds for the independent states of the former Soviet Union. If the President determines that an enterprise fund should be established and supported under this part, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 [
(d) Cooperative development and research projects
Assistance under this part may include support for cooperative development projects, including cooperative development research projects, among the United States, other countries, and independent states of the former Soviet Union.
(e) Administration of justice programs
In order to strengthen the administration of justice in the independent states of the former Soviet Union under paragraph (2)(G) of
(f) Use of economic support funds
Any funds that have been allocated under part 4 of subchapter II of this chapter for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this part.
(g) Use of SEED agency funds and administrative authorities
The President may authorize any agency of the United States Government that has authority to conduct activities under the Support for East European Democracy (SEED) Act of 1989 [
(1) any funds that are available to it for activities related to international affairs outside Eastern Europe, and
(2) any administrative authorities that are available to it for activities with respect to Eastern Europe,
to conduct activities authorized by
(h) Procurement restrictions
Funds made available for assistance under this part may be used for procurement—
(1) in the United States, the independent states of the former Soviet Union, or a developing country; or
(2) in any other country but only if—
(A) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in paragraph (1); or
(B) the President determines, on a case-by-case basis, that procurement in such other country is necessary—
(i) to meet unforseen 1 circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in paragraph (1), or
(ii) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(i) Terms and conditions
Assistance under this part shall be provided on such terms and conditions as the President may determine, consistent with applicable provisions of law (except as otherwise provided in subsection (j) of this section).
(j) Waiver of certain provisions
(1) In general
Funds authorized to be appropriated for fiscal year 1993 by this part, and any other funds appropriated for fiscal year 1993 that are used under the authority of subsection (f) or (g) of this section, may be used to provide assistance under this part notwithstanding any other provision of law, except for—
(A) this part;
(B)
(C)
(D)
(2) Nuclear reactor safety and related activities
Any provision that corresponds to section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (relating to the prohibition on financing exports of nuclear equipment, fuel, and technology) shall not apply with respect to funds used pursuant to this part.
(k) Definitions
(1) Appropriate congressional committees
As used in this part, the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) Independent states of the former Soviet Union
As used in this part, the terms "independent states of the former Soviet Union" and "independent states" have the meaning given those terms by
(3) Nonmarket based trade
As used in
(A) exports to the Cuban Government on terms that involve a grant, concessional price, guaranty, insurance, or subsidy;
(B) imports from the Cuban Government at preferential tariff rates;
(C) exchange arrangements that include advance delivery of commodities, arrangements in which the Cuban Government is not held accountable for unfulfilled exchange contracts, and arrangements under which Cuba does not pay appropriate transportation, insurance, or finance costs; and
(D) the exchange, reduction, or forgiveness of debt of the Cuban Government in return for a grant by the Cuban Government of an equity interest in a property, investment, or operation of the Cuban Government or of a Cuban national.
(4) Cuban Government
(A) The term "Cuban Government" includes the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba.
(B) For purposes of subparagraph (A), the term "agency or instrumentality of the Government of Cuba" means an agency or instrumentality of a foreign state as defined in
(
References in Text
The Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (g), is
The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (j)(1)(D), is
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (j)(1)(D), is title II of
The Budget Enforcement Act of 1990, referred to in subsec. (j)(1)(D), is title XIII of
Section 510 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, referred to in subsec. (j)(2), is section 510 of
Amendments
1996—Subsec. (k)(3), (4).
1994—Subsec. (j)(1)(C).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1994 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Functions of President under subsecs. (c) and (g) of this section delegated to Coordinator by section 2(c) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, set out as a note under
Functions of President under subsecs. (h) and (i) of this section delegated by section 5(a) of Ex. Ord. No. 12884 to head of agency responsible for administering the particular program or activity with respect to which the authority is to be exercised.
Trans-Caucasus Enterprise Fund
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "unforeseen".
§2295c. Authorization of appropriations
(a) In general
To carry out this part, there are authorized to be appropriated to the President for fiscal year 1993 $410,000,000, in addition to amounts otherwise available for assistance for the independent states of the former Soviet Union. Amounts appropriated pursuant to this subsection are authorized to remain available until expended.
(b) Operating expenses
(1) Authority to transfer program funds
Subject to paragraph (2), funds made available under subsection (a) of this section may be transferred to, and merged with, funds appropriated for "Operating Expenses of the Agency for International Development". Funds so transferred may be expended for administrative costs in carrying out this part, including reimbursement of the Department of State for its incremental costs associated with assistance provided under this part.
(2) Limitation on amount transferred
Not more than 2 percent of the funds made available for a fiscal year under subsection (a) of this section may be transferred pursuant to paragraph (1) unless, at least 15 days before transferring any additional amount, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
For delegation of certain functions of President under subsec. (b)(2), see section 3(b) of Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set out as a note under
Part XII—Support for the Economic and Political Independence of the Countries of the South Caucasus and Central Asia
Prior Provisions
A prior part XII, consisting of section 2296, related to the Enterprise for the Americas Initiative, prior to repeal by
Part Referred to in Other Sections
This part is referred to in
§2296. United States assistance to promote reconciliation and recovery from regional conflicts
(a) Purpose of assistance
The purposes of assistance under this section include—
(1) the creation of the basis for reconciliation between belligerents;
(2) the promotion of economic development in areas of the countries of the South Caucasus and Central Asia impacted by civil conflict and war; and
(3) the encouragement of broad regional cooperation among countries of the South Caucasus and Central Asia that have been destabilized by internal conflicts.
(b) Authorization for assistance
(1) In general
To carry out the purposes of subsection (a) of this section, the President is authorized to provide humanitarian assistance and economic reconstruction assistance for the countries of the South Caucasus and Central Asia to support the activities described in subsection (c) of this section.
(2) Definition of humanitarian assistance
In this subsection, the term "humanitarian assistance" means assistance to meet humanitarian needs, including needs for food, medicine, medical supplies and equipment, education, and clothing.
(c) Activities supported
Activities that may be supported by assistance under subsection (b) of this section include—
(1) providing for the humanitarian needs of victims of the conflicts;
(2) facilitating the return of refugees and internally displaced persons to their homes; and
(3) assisting in the reconstruction of residential and economic infrastructure destroyed by war.
(
Prior Provisions
A prior section 2296,
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2296a. Economic assistance
(a) Purpose of assistance
The purpose of assistance under this section is to foster economic growth and development, including the conditions necessary for regional economic cooperation, in the South Caucasus and Central Asia.
(b) Authorization for assistance
To carry out the purpose of subsection (a) of this section, the President is authorized to provide assistance for the countries of the South Caucasus and Central Asia to support the activities described in subsection (c) of this section.
(c) Activities supported
In addition to the activities described in
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2296b. Development of infrastructure
(a) Purpose of programs
The purposes of programs under this section include—
(1) to develop the physical infrastructure necessary for regional cooperation among the countries of the South Caucasus and Central Asia; and
(2) to encourage closer economic relations and to facilitate the removal of impediments to cross-border commerce among those countries and the United States and other developed nations.
(b) Authorization for programs
To carry out the purposes of subsection (a) of this section, the following types of programs for the countries of the South Caucasus and Central Asia may be used to support the activities described in subsection (c) of this section:
(1) Activities by the Export-Import Bank to complete the review process for eligibility for financing under the Export-Import Bank Act of 1945 [
(2) The provision of insurance, reinsurance, financing, or other assistance by the Overseas Private Investment Corporation.
(3) Assistance under
(c) Activities supported
Activities that may be supported by programs under subsection (b) of this section include promoting actively the participation of United States companies and investors in the planning, financing, and construction of infrastructure for communications, transportation, including air transportation, and energy and trade including highways, railroads, port facilities, shipping, banking, insurance, telecommunications networks, and gas and oil pipelines.
(
References in Text
The Export-Import Bank Act of 1945, referred to in subsec. (b)(1), is act July 31, 1945, ch. 341,
§2296c. Border control assistance
(a) Purpose of assistance
The purpose of assistance under this section includes the assistance of the countries of the South Caucasus and Central Asia to secure their borders and implement effective controls necessary to prevent the trafficking of illegal narcotics and the proliferation of technology and materials related to weapons of mass destruction (as defined in
(b) Authorization for assistance
To carry out the purpose of subsection (a) of this section, the President is authorized to provide assistance to the countries of the South Caucasus and Central Asia to support the activities described in subsection (c) of this section.
(c) Activities supported
Activities that may be supported by assistance under subsection (b) of this section include assisting those countries of the South Caucasus and Central Asia in developing capabilities to maintain national border guards, coast guard, and customs controls.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2296d. Strengthening democracy, tolerance, and the development of civil society
(a) Purpose of assistance
The purpose of assistance under this section is to promote institutions of democratic government and to create the conditions for the growth of pluralistic societies, including religious tolerance and respect for internationally recognized human rights.
(b) Authorization for assistance
To carry out the purpose of subsection (a) of this section, the President is authorized to provide the following types of assistance to the countries of the South Caucasus and Central Asia:
(1) Assistance for democracy building, including programs to strengthen parliamentary institutions and practices.
(2) Assistance for the development of nongovernmental organizations.
(3) Assistance for development of independent media.
(4) Assistance for the development of the rule of law, a strong independent judiciary, and transparency in political practice and commercial transactions.
(5) International exchanges and advanced professional training programs in skill areas central to the development of civil society.
(6) Assistance to promote increased adherence to civil and political rights under
(c) Activities supported
Activities that may be supported by assistance under subsection (b) of this section include activities that are designed to advance progress toward the development of democracy.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2296e. Administrative authorities
(a) Assistance through governments and nongovernmental organizations
Assistance under this part may be provided to governments or through nongovernmental organizations.
(b) Use of economic support funds
Except as otherwise provided, any funds that have been allocated under part IV of subchapter II of this chapter for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this part.
(c) Terms and conditions
Assistance under this part shall be provided on such terms and conditions as the President may determine.
(d) Available authorities
The authority in this part to provide assistance for the countries of the South Caucasus and Central Asia is in addition to the authority to provide such assistance under the FREEDOM Support Act (
(
References in Text
The FREEDOM Support Act, referred to in subsec. (d), is
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2296f. Definitions
In this part:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives.
(2) Countries of the South Caucasus and Central Asia
The term "countries of the South Caucasus and Central Asia" means Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.
(
SUBCHAPTER II—MILITARY ASSISTANCE AND SALES
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part I—Declaration of Policy
§2301. Congressional statement of policy
The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except for individual or collective self-defense. The Congress finds that the efforts of the United States and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid. It is the purpose of subchapter II of this chapter to authorize measures in the common defense against internal and external aggression, including the furnishing of military assistance, upon request, to friendly countries and international organizations. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to achieve universal control of weapons of mass destruction and universal regulation and reduction of armaments, including armed forces, under adequate safeguards to protect complying countries against violation and evasion.
The Congress recognizes that the peace of the world and the security of the United States are endangered so long as hostile countries continue by threat of military action, by the use of economic pressure, and by internal subversion, or other means to attempt to bring under their domination peoples now free and independent and continue to deny the rights of freedom and self-government to peoples and countries once free but now subject to such domination.
It is the sense of the Congress that an important contribution toward peace would be made by the establishment under the Organization of American States of an international military force.
In enacting this legislation, it is therefore the intention of the Congress to promote the peace of the world and the foreign policy, security, and general welfare of the United States by fostering an improved climate of political independence and individual liberty, improving the ability of friendly countries and international organizations to deter or, if necessary, defeat aggression, facilitating arrangements for individual and collective security, assisting friendly countries to maintain internal security, and creating an environment of security and stability in the developing friendly countries essential to their more rapid social, economic, and political progress. The Congress urges that all other countries able to contribute join in a common undertaking to meet the goals stated in subchapter II of this chapter.
It is the sense of the Congress that in the administration of subchapter II of this chapter priority shall be given to the needs of those countries in danger of becoming victims of aggression or in which the internal security is threatened by internal subversion inspired or supported by hostile countries.
Finally, the Congress reaffirms its full support of the progress of the members of the North Atlantic Treaty Organization toward increased cooperation in political, military, and economic affairs. In particular, the Congress welcomes the steps which have been taken to promote multilateral programs of coordinated procurement, research, development, and production of defense articles and urges that such programs be expanded to the fullest extent possible to further the defense of the North Atlantic Area.
(
References in Text
This legislation, referred to in fourth paragraph, means
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Prior Provisions
A prior section 501 of
Amendments
1993—
1967—
§2302. Utilization of defense articles and defense services
Defense articles and defense services to any country shall be furnished solely for internal security, for legitimate self-defense, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security, or for the purpose of assisting foreign military forces in less developed friendly countries (or the voluntary efforts of personnel of the Armed Forces of the United States in such countries) to construct public works and to engage in other activities helpful to the economic and social development of such friendly countries. It is the sense of the Congress that such foreign military forces should not be maintained or established solely for civic action activities and that such civic action activities not significantly detract from the capability of the military forces to perform their military missions and be coordinated with and form part of the total economic and social development effort.
(
Codification
Section was formerly classified to
Amendments
1967—
1965—
1963—
Transfer to Republic of Korea of Defense Articles; Reimbursement for Transfer
Section Referred to in Other Sections
This section is referred to in
§2303. Repealed. Pub. L. 104–164, title I, §104(b)(2)(A), July 21, 1996, 110 Stat. 1426
Section,
§2304. Human rights and security assistance
(a) Observance of human rights as principal goal of foreign policy; implementation requirements
(1) The United States shall, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, or religion. Accordingly, a principal goal of the foreign policy of the United States shall be to promote the increased observance of internationally recognized human rights by all countries.
(2) Except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights. Security assistance may not be provided to the police, domestic intelligence, or similar law enforcement forces of a country, and licenses may not be issued under the Export Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] for the export of crime control and detection instruments and equipment to a country, the government of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate (when licenses are to be issued pursuant to the Export Administration Act of 1979).1 that extraordinary circumstances exist warranting provision of such assistance and issuance of such licenses. Assistance may not be provided under part V of this subchapter to a country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights unless the President certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that extraordinary circumstances exist warranting provision of such assistance.
(3) In furtherance of paragraphs (1) and (2), the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise.
(4) In determining whether the government of a country engages in a consistent pattern of gross violations of internationally recognized human rights, the President shall give particular consideration to whether the government—
(A) has engaged in or tolerated particularly severe violations of religious freedom, as defined in
(B) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom when such efforts could have been reasonably undertaken.
(b) Report by Secretary of State on practices of proposed recipient countries; considerations
The Secretary of State shall transmit to the Congress, as part of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, prepared with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor and with the assistance of the Ambassador at Large for International Religious Freedom, with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. Wherever applicable, such report shall include 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). Wherever applicable, such report shall include information on practices regarding coercion in population control, including coerced abortion and involuntary sterilization. Such report shall also include, wherever applicable, information on violations of religious freedom, including particularly severe violations of religious freedom (as defined in
(1) the relevant findings of appropriate international organizations, including nongovernmental organizations, such as the International Committee of the Red Cross; and
(2) the extent of cooperation by such government in permitting an unimpeded investigation by any such organization of alleged violations of internationally recognized human rights.
(c) Congressional request for information; information required; 30-day period; failure to supply information; termination or restriction of assistance
(1) Upon the request of the Senate or the House of Representatives by resolution of either such House, or upon the request of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the Secretary of State shall, within thirty days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor, with respect to the country designated in such request, setting forth—
(A) all the available information about observance of and respect for human rights and fundamental freedom in that country, and a detailed description of practices by the recipient government with respect thereto;
(B) the steps the United States has taken to—
(i) promote respect for and observance of human rights in that country and discourage any practices which are inimical to internationally recognized human rights, and
(ii) publicly or privately call attention to, and disassociate the United States and any security assistance provided for such country from, such practices;
(C) whether, in the opinion of the Secretary of State, notwithstanding any such practices—
(i) extraordinary circumstances exist which necessitate a continuation of security assistance for such country, and, if so, a description of such circumstances and the extent to which such assistance should be continued (subject to such conditions as Congress may impose under this section), and
(ii) on all the facts it is in the national interest of the United States to provide such assistance; and
(D) such other information as such committee or such House may request.
(2)(A) A resolution of request under paragraph (1) of this subsection 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.
(B) The term "certification", as used in section 601 of such Act, means, for the purposes of this subsection, a resolution of request of the Senate under paragraph (1) of this subsection.
(3) In the event a statement with respect to a country is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within thirty days after receipt of such request, no security assistance shall be delivered to such country except as may thereafter be specifically authorized by law from such country unless and until such statement is transmitted.
(4)(A) In the event a statement with respect to a country is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating, restricting, or continuing security assistance for such country. In the event such a joint resolution is adopted, such assistance shall be so terminated, so restricted, or so continued, as the case may be.
(B) Any such 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.
(C) The term "certification", as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.
(d) Definitions
For the purposes of this section—
(1) the term "gross violations of internationally recognized human rights" includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty, or the security of person; and
(2) the term "security assistance" means—
(A) assistance under part II (military assistance) or part IV (economic support fund) or part V (military education and training) or part VI (peacekeeping operations) or part VIII (antiterrorism assistance) of this subchapter.
(B) sales of defense articles or services, extensions of credits (including participations in credits, and guaranties of loans under the Arms Export Control Act [
(C) any license in effect with respect to the export of defense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of a foreign country under section 38 of the Arms Export Control Act [
(e) Removal of prohibition on assistance
Notwithstanding any other provision of law, funds authorized to be appropriated under subchapter I of this chapter may be made available for the furnishing of assistance to any country with respect to which the President finds that such a significant improvement in its human rights record has occurred as to warrant lifting the prohibition on furnishing such assistance in the national interest of the United States.
(f) Allocations concerned with performance record of recipient countries without contravention of other provisions
In allocating the funds authorized to be appropriated by this chapter and the Arms Export Control Act [
(g) Report to Congress on use of certain authorities relating to human rights conditions
Whenever the provisions of subsection (e) or (f) of this section are applied, the President shall report to the Congress before making any funds available pursuant to those subsections. The report shall specify the country involved, the amount and kinds of assistance to be provided, and the justification for providing the assistance, including a description of the significant improvements which have occurred in the country's human rights record.
(
References in Text
The Export Administration Act of 1979, referred to in subsec. (a)(2), is
Section 2(a) of the Genocide Convention Implementation Act of 1987, referred to in subsec. (b), probably means section 2(a) of the Genocide Convention Implementation Act of 1987 (the Proxmire Act),
Section 601 of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (c)(2)(A), (4)(B), is section 601 of
The Arms Export Control Act, referred to in subsecs. (d)(2)(B) and (f), is
This chapter, referred to in subsec. (f), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
The 1983 amendment by
Amendments
1999—Subsec. (b).
1998—Subsec. (a)(4).
Subsec. (b).
1996—Subsec. (b).
1994—Subsec. (b).
Subsec. (c)(1).
1987—Subsec. (b).
1985—Subsec. (a)(2).
Subsec. (g).
1983—Subsec. (d)(2)(A).
1980—Subsec. (a)(2).
Subsec. (d)(1).
1979—Subsec. (e).
Subsec. (f).
1978—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (d)(2)(A).
1977—Subsecs. (b), (c)(1).
1976—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 So in original. The period probably should not appear.
Part II—Military Assistance
Part Referred to in Other Sections
This part is referred to in
§2311. General authority
(a) Defense articles and services; noncombatant personnel; transfer of funds
The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by—
(1) acquiring for any source and providing (by loan or grant) any defense article or defense service;
(2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature; or
(3) transferring such of the funds appropriated or otherwise made available under this part as the President may determine for assistance to a recipient country, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms Export Control Act [
Sales which are wholly paid from funds transferred under paragraph (3) or from funds made available on a non-repayable basis under section 23 of the Arms Export Control Act [
(b) Terms and conditions
In addition to such other terms and conditions as the President may determine pursuant to subsection (a) of this section, defense articles may be loaned thereunder only if—
(1) there is a bona fide reason, other than the shortage of funds, for providing such articles on a loan basis rather than on a grant basis;
(2) there is a reasonable expectation that such articles will be returned to the agency making the loan at the end of the loan period, unless the loan is then renewed;
(3) the loan period is of fixed duration not exceeding five years, during which such article may be recalled for any reason by the United States;
(4) the agency making the loan is reimbursed for the loan based on the amount charged to the appropriation for military assistance under subsection (c) of this section; and
(5) the loan agreement provides that (A) if the defense article is damaged while on loan, the country or international organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and (B) if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article.
(c) Appropriation charges; exceptions
(1) In the case of any loan of a defense article or defense service made under this section, there shall be a charge to the appropriation for military assistance for any fiscal year while the article or service is on loan in an amount based on—
(A) the out-of-pocket expenses authorized to be incurred in connection with such loan during such fiscal year; and
(B) the depreciation which occurs during such year while such article is on loan.
(2) The provisions of this subsection shall not apply—
(A) to any particular defense article or defense service which the United States Government agreed, prior to December 17, 1973, to lend; and
(B) to any defense article or defense service, or portion thereof, acquired with funds appropriated for military assistance under this chapter.
(
References in Text
The Arms Export Control Act, referred to in subsec. (a)(3), is
This chapter, referred to in subsec. (c)(2)(B), was in the original "this Act", meaning
Codification
A guaranty provision, formerly subsec. (e) of this section, was renumbered section 525(a) of
Amendments
1988—Subsec. (a).
1985—Subsec. (a).
1981—Subsec. (a)(3).
Subsec. (b)(5).
1980—Subsec. (a)(3).
1973—
1967—Subsec. (a).
Subsec. (d).
Subsec. (e).
1965—Subsec. (b).
1964—Subsec. (e).
Effective Date of 1988 Amendment
Section 586(c) of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Reports to Congressional Committees
Section 301 of
Findings by Secretary of State
The Secretary of State, in the implementation of the functions delegated to him under
Review of Military Assistance Program; Reduction and Elimination Plan; Submittal to Congress
Section Referred to in Other Sections
This section is referred to in
§2312. Authorization of appropriations
(a) Authorization and availability of amounts
(1) There are authorized to be appropriated to the President to carry out the purposes of this part $805,100,000 for fiscal year 1986 and $805,100,000 for fiscal year 1987.
(2) Amounts appropriated under this subsection are authorized to remain available until expended.
(b) Programing and budgeting procedures
In order to make sure that a dollar spent on military assistance to foreign countries is as necessary as a dollar spent for the United States military establishment, the President shall establish procedures for programing and budgeting so that programs of military assistance come into direct competition for financial support with other activities and programs of the Department of Defense.
(
Amendments
1985—Subsec. (a)(1).
1981—Subsec. (a).
1980—Subsec. (a)(1).
1979—Subsec. (a)(1).
1978—Subsec. (a).
1977—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5) to (8).
1976—Subsec. (a).
1974—Subsec. (a).
1973—Subsec. (a).
1972—Subsec. (a).
1969—Subsec. (a).
1968—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
1965—
1964—Subsec. (a).
1963—Subsec. (a).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2313. Transferred
Codification
Section,
§2314. Furnishing of defense articles or related training or other defense service on grant basis
(a) Conditions of eligibility
In addition to such other provisions as the President may require, no defense articles or related training or other defense service shall be furnished to any country on a grant basis unless it shall have agreed that—
(1) it will not, without the consent of the President—
(A) permit any use of such articles or related training or other defense service by anyone not an officer, employee, or agent of that country,
(B) transfer, or permit any officer, employee, or agent of that country to transfer such articles or related training or other defense service by gift, sale, or otherwise, or
(C) use or permit the use of such articles or related training or other defense service for purposes other than those for which furnished;
(2) it will maintain the security of such articles or related training or other defense service, and will provide substantially the same degree of security protection afforded to such articles or related training or other defense service by the United States Government;
(3) it will, as the President may require, permit continuous observation and review by, and furnish necessary information to, representatives of the United States Government with regard to the use of such articles or related training or other defense service; and
(4) unless the President consents to other disposition, it will return to the United States Government for such use or disposition as the President considers in the best interests of the United States, such articles or related training or other defense service which are no longer needed for the purposes for which furnished.
(b) Limitation on amount; exceptions
No defense articles shall be furnished on a grant basis to any country at a cost in excess of $3,000,000 in any fiscal year unless the President determines—
(1) that such country conforms to the purposes and principles of the Charter of the United Nations;
(2) that such defense articles will be utilized by such country for the maintenance of its own defensive strength, or the defensive strength of the free world;
(3) that such country is taking all reasonable measures, consistent with its political and economic stability, which may be needed to develop its defense capacities; and
(4) that the increased ability of such country to defend itself is important to the security of the United States.
(c) Reduction and termination of grants to countries able to maintain adequate military forces without undue economic strain
The President shall regularly reduce and, with such deliberate speed as orderly procedure and other relevant considerations, including prior commitments, will permit, shall terminate all further grants of military equipment and supplies to any country having sufficient wealth to enable it, in the judgment of the President, to maintain and equip its own military forces at adequate strength, without undue burden to its economy.
(d) Termination of assistance; report of violation by President; conditions for reinstatement
(1) Assistance and deliveries of assistance under this part to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this chapter, the Mutual Security Act of 1954, or any predecessor Foreign Assistance Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (A) by using such articles or services for a purpose not authorized under
(2)(A) Assistance and deliveries of assistance shall be terminated pursuant to paragraph (1) of this subsection if the President so determines and so states in writing to the Congress, or if the Congress so finds by joint resolution.
(B) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.
(3) Assistance to a country shall remain terminated in accordance with paragraph (1) of this subsection until such time as—
(A) the President determines that the violation has ceased; and
(B) the country concerned has given assurances satisfactory to the President that such violation will not recur.
(4) The authority contained in
(e) Consent by President to transfer
In considering a request for approval of any transfer of any weapon, weapons system, munitions, aircraft, military boat, military vessel, or other implement of war to another country, the President shall not give his consent under subsection (a)(1) or (a)(4) of this section to the transfer unless the United States itself would transfer the defense article under consideration to that country. In addition, the President shall not give his consent under subsection (a)(1) or (a)(4) of this section to the transfer of any significant defense articles on the United States Munitions List unless the foreign country requesting consent to transfer agrees to demilitarize such defense articles prior to transfer, or the proposed recipient foreign country provides a commitment in writing to the United States Government that it will not transfer such defense articles, if not demilitarized, to any other foreign country or person without first obtaining the consent of the President.
(f) Disposition of defense articles furnished on a grant basis; net proceeds to be paid over to the United States
Effective July 1, 1974, no defense article shall be furnished to any country on a grant basis unless such country shall have agreed that the net proceeds of sale received by such country in disposing of any weapon, weapons system, munition, aircraft, military boat, military vessel, or other implement of war received under this part will be paid to the United States Government and shall be available to pay all official costs of the United States Government payable in the currency of that country, including all costs relating to the financing of international educational and cultural exchange activities in which that country participates under the programs authorized by the Mutual Educational and Cultural Exchange Act of 1961 [
(g) Discrimination on basis of race, religion, national origin, or sex prohibited
(1) It is the policy of the United States that no assistance under this part should be furnished to any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in
(2)(A) No agency performing functions under this part shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(B) Each contract entered into by any such agency for the performance of any function under this part shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.
(3) The President shall promptly transmit reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any transaction in which any United States person (as defined in
(4)(A) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Assistant Secretary of State for Democracy, Human Rights, and Labor, with respect to the country designated in such request, setting forth—
(i) all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin, or sex and prevent any such person from participating in a transaction involving the furnishing of any assistance under this part or any education and training under part V of this subchapter;
(ii) the response of the United States thereto and the results of such response;
(iii) whether, in the opinion of the President, notwithstanding any such policies or practices—
(I) extraordinary circumstances exist which necessitate a continuation of such assistance or education and training transaction, and, if so, a description of such circumstances and the extent to which such assistance or education and training transaction should be continued (subject to such conditions as Congress may impose under this section), and
(II) on all the facts it is in the national interest of the United States to continue such assistance or education and training transaction; and
(iv) such other information as such committee may request.
(B) In the event a statement with respect to an assistance or training transaction is requested pursuant to subparagraph (A) of this paragraph but is not transmitted in accordance therewith within 60 days after receipt of such request, such assistance or training transaction shall be suspended unless and until such statement is transmitted.
(C)(i) In the event a statement with respect to an assistance or training transaction is transmitted under subparagraph (A) of this paragraph, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such assistance or training transaction.
(ii) Any such 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.
(iii) The term "certification", as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under subparagraph (A) of this paragraph.
(
References in Text
This chapter, referred to in subsec. (d)(1), was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in subsec. (d)(1), is act Aug. 26, 1954, ch. 937,
The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (f), is
Section 601 of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g)(4)(C)(ii), is section 601 of
Amendments
1994—Subsec. (g)(4)(A).
1990—Subsec. (f).
1986—Subsec. (g)(1), (3).
1985—Subsec. (f).
1977—Subsec. (g)(4)(A).
1976—Subsec. (a).
Subsec. (d).
Subsec. (e).
Subsec. (g).
1973—Subsecs. (e), (f).
1972—Subsec. (b)(2).
Subsec. (e).
1966—Subsec. (e).
1962—Subsecs. (c), (d).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 203(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2314a. Repealed. Pub. L. 93–189, §26(4), Dec. 17, 1973, 87 Stat. 731
Section,
§§2315 to 2317. Transferred
Codification
Section 2315,
Section 2316,
Section 2317(a),
Section 2317(b),
§2318. Special authority
(a) Unforeseen emergency; national interest; determinations and reports to Congress; limitation of defense articles, defense services, and military education and training furnished
(1) If the President determines and reports to the Congress in accordance with
(A) an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization; and
(B) the emergency requirement cannot be met under the authority of the Arms Export Control Act [
he may direct, for the purposes of subchapter II of this chapter, the drawdown of defense articles from the stocks of the Department of Defense, defense services of the Department of Defense, and military education and training, of an aggregate value of not to exceed $100,000,000 in any fiscal year.
(2)(A) If the President determines and reports to the Congress in accordance with
(i) for the purposes and under the authorities of—
(I) part VIII of subchapter I of this chapter (relating to international narcotics control assistance);
(II) part IX of subchapter I of this chapter (relating to international disaster assistance); or
(III) the Migration and Refugee Assistance Act of 1962 [
(ii) for the purpose of providing such articles, services, and military education and training to Vietnam, Cambodia, and Laos as the President determines are necessary—
(I) to support cooperative efforts to locate and repatriate members of the United States Armed Forces and civilians employed directly or indirectly by the United States Government who remain unaccounted for from the Vietnam War; and
(II) to ensure the safety of United States Government personnel engaged in such cooperative efforts and to support Department of Defense-sponsored humanitarian projects associated with such efforts.
(B) An aggregate value of not to exceed $150,000,000 in any fiscal year of such articles, services, and military education and training may be provided pursuant to subparagraph (A) of this paragraph—
(i) not more than $75,000,000 of which may be provided from the drawdown from the inventory and resources of the Department of Defense;
(ii) not more than $75,000,000 of which may be provided pursuant to clause (i)(I) of such subparagraph; and
(iii) not more than $15,000,000 of which may be provided to Vietnam, Cambodia, and Laos pursuant to clause (ii) of such subparagraph.
(b) Notification and information to Congress of assistance furnished
(1) The authority contained in this section shall be effective for any such emergency only upon prior notification to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Appropriations of each House of Congress. In the case of drawdowns authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i) of this section, notifications shall be provided to those committees at least 15 days in advance of the drawdowns in accordance with the procedures applicable to reprogramming notifications under
(2) The President shall keep the Congress fully and currently informed of all defense articles, defense services, and military education and training provided under this section, including providing the Congress with a report detailing all defense articles, defense services, and military education and training delivered to the recipient country or international organization upon delivery of such articles or upon completion of such services or education and training. Such report shall also include whether any savings were realized by utilizing commercial transport services rather than acquiring those services from United States Government transport assets.
(c) Commercial transportation and related services
For the purposes of any provision of law that authorizes the drawdown of defense or other articles or commodities, or defense or other services from an agency of the United States Government, such drawdown may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the United States Government of providing such services from existing agency assets.
(d) Authorization of appropriations for reimbursement of applicable funds
There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for defense articles, defense services, and military education and training provided under this section.
(
References in Text
The Arms Export Control Act, referred to in subsec. (a)(1)(B), is
The Migration and Refugee Assistance Act of 1962, referred to in subsec. (a)(2)(A)(i)(III), is
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Amendments
1997—Subsec. (b)(2).
Subsecs. (c), (d).
1996—Subsec. (a)(1).
Subsec. (a)(2)(A).
"(i) the drawdown of such articles, services, and the provision of such training for the purposes and under the authorities of parts VIII and IX of subchapter I of this chapter, as the case may be; and
"(ii) the drawdown of defense services for the purposes and under the authorities of the Migration and Refugee Assistance Act of 1962."
Subsec. (a)(2)(B).
Subsec. (b)(1).
1989—Subsec. (a).
1981—Subsec. (a).
1980—Subsec. (a).
1979—Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (a).
1974—Subsec. (a).
1973—Subsec. (a).
1972—Subsec. (a).
1969—Subsec. (a).
1968—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
1965—Subsec. (a).
1964—Subsec. (a).
1963—Subsec. (a).
1962—Subsec. (a).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§§2319 to 2321. Repealed. Pub. L. 93–189, §12(b)(5), Dec. 17, 1973, 87 Stat. 722
Section 2319,
Section 2320,
Section 2321,
§2321a. Repealed. Pub. L. 94–329, title I, §106(b)(1), June 30, 1976, 90 Stat. 733
Section,
Savings Provision
Section 106(c) of
§2321b. Excess defense article
(a) to (c) Repealed. Pub. L. 94–329, title II, §210(c)(2), June 30, 1976, 90 Stat. 740
(d) Reports to Congress
The President shall promptly and fully inform the Speaker of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of each decision to furnish on a grant basis to any country excess defense articles which are major weapons systems to the extent such major weapons system was not included in the presentation material previously submitted to the Congress. The annual presentation materials for security assistance programs shall include a table listing by country the total value of all deliveries of excess defense articles, disclosing both the aggregate original acquisition cost and the aggregate value at the time of delivery.
(
Codification
Section was not enacted as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1978—Subsec. (d).
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
1974—Subsec. (b).
Subsec. (c).
1973—Subsec. (a).
Subsec. (b).
Subsec. (c).
1972—Subsec. (a).
Subsec. (b).
Subsec. (e).
Effective Date of 1976 Amendment
Section 210(c)(2) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Transfer of Suspense Account Funds to General Fund of Treasury
Section 210(c)(2) of
Section Referred to in Other Sections
This section is referred to in
§2321c. Definitions
For purposes of sections 2321b and 2314a 1 of this title—
(1) "defense article" and "excess defense articles" have the same meanings as given them in subsections (d) and (g), respectively, of
(2) "foreign country" includes any department, agency, or independent establishment of the foreign country.
(
References in Text
Section 2314a, referred to in text, was repealed by
1 See References in Text note below.
§2321d. Considerations in furnishing military assistance
Decisions to furnish military assistance made under subchapter II of this chapter shall take into account whether such assistance will—
(1) contribute to an arms race;
(2) increase the possibility of outbreak or escalation of conflict; or
(3) prejudice the development of bilateral or multilateral arms control arrangements.
(
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Amendments
1998—
1975—
Effective Date of 1998 Amendment
Amendment by
§2321e. Repealed. Pub. L. 93–189, §12(b)(5), Dec. 17, 1973, 87 Stat. 722
Section,
§2321f. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
§2321g. Repealed. Pub. L. 93–189, §12(b)(5), Dec. 17, 1973, 87 Stat. 722
Section,
Special Foreign Country Accounts
Section 1–501(b) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56675, eff. Oct. 1, 1979, set out as a note under
§2321h. Stockpiling of defense articles for foreign countries
(a) Transfer of defense articles
No defense article in the inventory of the Department of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made available to or for use by any foreign country unless such transfer is authorized under this chapter or the Arms Export Control Act [
(b) Fiscal year limits on new stockpiles or additions to existing stockpiles located in foreign countries
(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization or in the implementation of agreements with Israel) in stockpiles located in foreign countries may not exceed in any fiscal year an amount that is specified in security assistance authorizing legislation for that fiscal year.
(2)(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $60,000,000 for fiscal year 2000.
(B) Of the amount specified in subparagraph (A), not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand.
(c) Location of stockpiles of defense articles
(1) Limitation
Except as provided in paragraph (2), no stockpile of defense articles may be located outside the boundaries of a United States military base or a military base used primarily by the United States.
(2) Exceptions
Paragraph (1) shall not apply with respect to stockpiles of defense articles located in the Republic of Korea, Thailand, any country that is a member of the North Atlantic Treaty Organization, any country that is a major non-NATO ally, or any other country the President may designate. At least 15 days before designating a country pursuant to the last clause of the preceding sentence, the President shall notify the congressional committees specified in
(d) Transferred articles not to be considered excess articles in determining value
No defense article transferred from any stockpile which is made available to or for use by any foreign country may be considered an excess defense article for the purpose of determining the value thereof.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Codification
Amendment by
Amendments
1999—Subsec. (b)(2).
"(A) The value of such additions to stockpiles of defense articles in foreign countries shall not exceed $340,000,000 for fiscal year 1999 and $60,000,000 for fiscal year 2000.
"(B) Of the amount specified in subparagraph (A) for fiscal year 1999, not more than $320,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand. Of the amount specified in subparagraph (A) for fiscal year 2000, not more than $40,000,000 may be made available for stockpiles in the Republic of Korea and not more than $20,000,000 may be made available for stockpiles in Thailand."
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
1998—Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
1997—Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
1996—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
1994—Subsec. (b)(2).
1993—Subsec. (b)(2).
1992—Subsec. (b)(2).
1990—Subsec. (b)(2).
Subsec. (c).
Subsec. (e).
1989—Subsec. (b)(1).
Subsec. (b)(2).
1988—Subsec. (b)(2).
1987—Subsec. (b)(2).
Subsec. (c).
1985—Subsec. (b)(2).
1984—Subsec. (b)(2).
1981—Subsec. (b)(2).
1980—Subsec. (b)(2).
1979—Subsec. (b)(2).
Subsec. (c).
1978—Subsec. (b)(2).
1977—Subsec. (b)(2).
1976—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 116(b) of H.R. 5119, as passed by the House of Representatives May 10, 1984, and enacted into permanent law by 101(1) [title V, §541(a)], of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Fiscal Year 1992 Additions to Stockpiles in Israel
Republic of Korea Stockpiling Authorities; Report to Congress
Section 6(b) of
Section Referred to in Other Sections
This section is referred to in
§2321i. Overseas management of assistance and sales programs
(a) Assignment of military personnel for performance of enumerated functions
In order to carry out his responsibilities for the management of international security assistance programs conducted under this part, part V of this subchapter, and the Arms Export Control Act [
(1) equipment and services case management;
(2) training management;
(3) program monitoring;
(4) evaluation and planning of the host government's military capabilities and requirements;
(5) administrative support;
(6) promoting rationalization, standardization, interoperability, and other defense cooperation measures; and
(7) liaison functions exclusive of advisory and training assistance.
(b) Furnishing of advisory and training assistance
Advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum. It is the sense of the Congress that advising and training assistance in countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks.
(c) Number of personnel assigned; waiver; procedures applicable
(1) The number of members of the Armed Forces assigned to a foreign country under this section may not exceed six unless specifically authorized by the Congress. The president may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. Pakistan, Tunisia, El Salvador, Honduras, Colombia, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs.
(2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel.
(d) Costs
Effective October 1, 1989, the entire costs (excluding salaries of the United States military personnel other than the Coast Guard) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this part or the Arms Export Control Act [
(e) Direction and supervision of assigned personnel
Members of the Armed Forces assigned to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country.
(f) Presidential directive respecting purchase by foreign country of United States-made military equipment
The President shall continue to instruct United States diplomatic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch.
(
References in Text
The Arms Export Control Act, referred to in subsecs. (a) and (d), is
Amendments
1996—Subsec. (a)(6).
1992—Subsec. (d).
1989—Subsec. (d).
1988—Subsec. (c)(1).
1985—Subsec. (c)(1).
1981—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1980—Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (f).
1979—Subsec. (b)(1).
Subsec. (f).
1978—Subsec. (b)(1).
Subsec. (d).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1977—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e) to (g).
1976—Subsec. (a).
Subsecs. (b) to (d).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2321j. Authority to transfer excess defense articles
(a) Authorization
The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under part VIII of subchapter I of this chapter, submitted under
(b) Limitations on transfers
(1) The President may transfer excess defense articles under this section only if—
(A) such articles are drawn from existing stocks of the Department of Defense;
(B) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer;
(C) the transfer of such articles will not have an adverse impact on the military readiness of the United States;
(D) with respect to a proposed transfer of such articles on a grant basis, such a transfer is preferable to a transfer on a sales basis, after taking into account the potential proceeds from, and likelihood of, such sales, and the comparative foreign policy benefits that may accrue to the United States as the result of a transfer on either a grant or sales basis;
(E) the President determines that the transfer of such articles will not have an adverse impact on the national technology and industrial base and, particularly, will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred; and
(F) the transfer of such articles is consistent with the policy framework for the Eastern Mediterranean established under
(2) Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-period 1 beginning on October 1, 2000, the President shall ensure that excess defense articles offered to Greece and Turkey under this section will be made available consistent with the manner in which the President made available such excess defense articles during the four-year period that began on October 1, 1992, pursuant to section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990.
(c) Terms of transfers
(1) No cost to recipient country
Excess defense articles may be transferred under this section without cost to the recipient country.
(2) Priority
Notwithstanding any other provision of law, the delivery of excess defense articles under this section to member countries of the North Atlantic Treaty Organization (NATO) on the southern and southeastern flank of NATO and to major non-NATO allies on such southern and southeastern flank shall be given priority to the maximum extent feasible over the delivery of such excess defense articles to other countries.
(d) Waiver of requirement for reimbursement of Department of Defense expenses
(e) Transportation and related costs
(1) In general
Except as provided in paragraph (2), funds available to the Department of Defense may not be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section.
(2) Exception
The President may provide for the transportation of excess defense articles without charge to a country for the costs of such transportation if—
(A) it is determined that it is in the national interest of the United States to do so;
(B) the recipient is a developing country receiving less than $10,000,000 of assistance under part V of this subchapter (relating to international military education and training) or section 23 of the Arms Export Control Act (
(C) the total weight of the transfer does not exceed 25,000 pounds; and
(D) such transportation is accomplished on a space available basis.
(f) Advance notification to Congress for transfer of certain excess defense articles
(1) In general
The President may not transfer excess defense articles that are significant military equipment (as defined in section 47(9) of the Arms Export Control Act [
(2) Contents
Such notification shall include—
(A) a statement outlining the purposes for which the article is being provided to the country, including whether such article has been previously provided to such country;
(B) an assessment of the impact of the transfer on the military readiness of the United States;
(C) an assessment of the impact of the transfer on the national technology and industrial base and, particularly, the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred; and
(D) a statement describing the current value of such article and the value of such article at acquisition.
(g) Aggregate annual limitation
(1) In general
The aggregate value of excess defense articles transferred to countries under this section in any fiscal year may not exceed $425,000,000.
(2) Effective date
The limitation contained in paragraph (1) shall apply only with respect to fiscal years beginning after fiscal year 1996.
(h) Congressional presentation documents
Documents described in subsection (a) of this section justifying the transfer of excess defense articles shall include an explanation of the general purposes of providing excess defense articles as well as a table which provides an aggregate annual total of transfers of excess defense articles in the preceding year by country in terms of offers and actual deliveries and in terms of acquisition cost and current value. Such table shall indicate whether such excess defense articles were provided on a grant or sale basis.
(i) Excess Coast Guard property
For purposes of this section, the term "excess defense articles" shall be deemed to include excess property of the Coast Guard, and the term "Department of Defense" shall be deemed, with respect to such excess property, to include the Coast Guard.
(
References in Text
Section 573(e) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, referred to in subsec. (b)(2), is section 573(e) of
The Arms Export Control Act, referred to in subsec. (f)(1), is
Prior Provisions
A prior section 2321j,
Amendments
1999—Subsec. (b)(2).
Subsec. (g)(1).
1996—
Subsec. (g).
1994—Subsec. (b)(4).
1993—Subsec. (a).
Subsec. (a)(3).
1992—Subsec. (a).
1991—Subsec. (a).
Subsec. (f).
1990—Subsec. (a).
1989—Subsec. (a).
1987—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
Effective Date of 1996 Amendment
Section 1012(g)(2) of
Effective Date of 1993 Amendment
Section 1182(c)(2) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Mediterranean Excess Defense Articles
Similar provisions were contained in the following prior appropriation act:
Avoiding Duplicative Amendments
Section 1049(b) of
Modernization of Military Capabilities of Certain Countries
"(a)
"(1)
"(A) to any NATO southern flank country which is eligible for United States security assistance and which is integrated into NATO's military structure; and
"(B) to any major non-NATO ally on the southern and southeastern flank of NATO which is eligible for United States security assistance, such excess defense articles as may be necessary to help modernize the defense capabilities of such country.
"(2)
"(A) which is a major illicit drug producing country,
"(B) which has a democratic government, and
"(C) whose armed forces do not engage in a consistent pattern of gross violations of internationally recognized human rights, such excess defense articles as may be necessary to carry out subsection (f)(1).
"(3)
"(b)
"(1) they are drawn from existing stocks of the Department of Defense;
"(2) funds available to the Department of Defense for the procurement of defense equipment are not expended in connection with the transfer; and
"(3) the President determines that the transfer of the excess defense articles will not have an adverse impact on the military readiness of the United States.
"(c)
"(1)
"(A) a certification of the need for the transfer;
"(B) an assessment of the impact of the transfer on the military readiness of the United States; and
"(C) the value of the excess defense articles to be transferred.
"(2)
"(d)
"(e)
"(1)
"(2)
"(A) the value of excess defense articles made available for Turkey under this section, to
"(B) the value of excess defense articles made available for Greece under this section, closely approximates the ratio of—
"(i) the amount of foreign military financing provided for Turkey, to
"(ii) the amount of foreign military financing provided for Greece.
"(3)
"(f)
"(1)
"(2)
"(3)
"(4)
"(g)
"(1) the term 'excess defense article' has the meaning given that term by section 644(g) [probably means section 644(g) of
"(2) the term 'made available' means that a good faith offer is made by the United States to furnish the excess defense articles to a country;
"(3) the term 'major non-NATO ally' includes Australia, Egypt, Israel, Japan, and New Zealand;
"(4) the term 'NATO' means the North Atlantic Treaty Organization; and
"(5) the term 'NATO southern flank countries' means Greece, Italy, Portugal, Spain, and Turkey."
[For delegation of functions of President under section 573 of
Provisions similar to those appearing in section 573(e) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "four-year period".
§2321k. Designation of major non-NATO allies
(a) Notice to Congress
The President shall notify the Congress in writing at least 30 days before—
(1) designating a country as a major non-NATO ally for purposes of this chapter and the Arms Export Control Act (
(2) terminating such a designation.
(b) Initial designations
Australia, Egypt, Israel, Japan, the Republic of Korea, and New Zealand shall be deemed to have been so designated by the President as of the effective date of this section, and the President is not required to notify the Congress of such designation of those countries.
(
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a)(1), is
The effective date of this section, referred to in subsec. (b), is July 21, 1996, the date of enactment of
Prior Provisions
A prior section 2321k,
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Designation of Jordan as Major Non-NATO Ally
Determination of President of the United States, No. 97–4, Nov. 12, 1996, 61 F.R. 59809, provided:
I hereby designate the Hashemite Kingdom of Jordan a major non-NATO ally of the United States pursuant to section 517 of the Foreign Assistance Act of 1961, as amended [
You are authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Designation of Argentina as a Major Non-NATO Ally
Determination of President of the United States, No. 98–9, Jan. 6, 1998, 63 F.R. 3635, provided:
I hereby designate the Republic of Argentina a major non-NATO ally of the United States pursuant to section 517 of the Foreign Assistance Act of 1961, as amended [
You are authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in
§§2321l to 2321n. Repealed. Pub. L. 104–164, title I, §104(b)(2)(B), July 21, 1996, 110 Stat. 1427
Section 2321l,
Section 2321m,
Section 2321n,
§2322. Transferred
Codification
Section,
Part III—Foreign Military Sales
§§2341 to 2343. Repealed. Pub. L. 90–629, ch. 4, §45(a), Oct. 22, 1968, 82 Stat. 1327
Section 2341,
Section 2342,
Section 2343,
Effective Date of Repeal
Repeal effective July 1, 1968, see section 41 of
Savings Provision
Section 46 of
§2344. Reimbursements
(a) Separate fund account; transfers to such account
Whenever funds made available for use under subchapter II of this chapter have been or are used to furnish military assistance on cash or credit terms, United States dollar repayments, including dollar proceeds derived from the sale of foreign currency repayments to any agency or program of the United States Government, receipts received from the disposition of evidences of indebtedness and charges (including fees and premiums) or interest collected shall be credited to a separate fund account, and shall be available until expended solely for the purpose of financing sales and guaranties, including the overhead costs thereof, and, notwithstanding any provision of law relating to receipts and credits accruing to the United States Government, repayments in foreign currency may be used to carry out subchapter II of this chapter. Such amounts of the appropriations made available under subchapter II of this chapter (including unliquidated balances of funds heretofore obligated for financing sales and guarantees) as may be determined by the President shall be transferred to, and merged with, the separate fund account.
(b) Termination of account; special account for discharge of Federal liabilities and obligations; general fund for excess moneys
(1) The special fund account established under subsection (a) of this section shall terminate as of the end of June 30, 1968, or on such earlier date as may be selected by the President.
(2) Upon the termination of such fund account pursuant to paragraph (1), all of the assets of such fund account (including loans and other payments receivable) shall be transferred to a special account in the Treasury, which special account shall be available solely for the purpose of discharging outstanding liabilities and obligations of the United States arising out of credit sales agreements entered into, and guaranties issued, under subchapter II of this chapter prior to June 30, 1968. Any moneys in such special account in excess of the aggregate United States dollar amount of such liabilities and obligations shall be transferred from time to time to the general fund of the Treasury.
(
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Codification
Section was formerly classified to
Amendments
1968—Subsec. (b)(3).
1967—
1966—
1965—
Effective Date of 1968 Amendment
Amendment by
Savings Provision
Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of former subsec. (b)(3) of this section as continuing in full force and effect until modified by appropriate authority, see section 46 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Increases in Military Assistance Programs; Reports to Congress on Presidential Determinations
Similar provisions were contained in
Expenditures by Underdeveloped Countries for Weapons Systems; Presidential Determination; Report to Congress
Similar provisions were contained in
Arms Races and Weapons Systems Restraints; Prohibitions Against Diversion of Resources for Economic and Agricultural Development to Military Purposes
"(a) In order to restrain arms races and proliferation of sophisticated weapons, and to ensure that resources intended for economic development are not diverted to military purposes, the President shall take into account before furnishing development loans, Alliance loans, or supporting assistance to any country under this Act [
"(1) the percentage of the recipient or purchasing country's budget which is devoted to military purposes,
"(2) the degree to which the recipient or purchasing country is using its foreign exchange resources to acquire military equipment; and
"(3) the amount spent by the recipient or purchasing country for the purchase of sophisticated weapons systems, such as missile systems and jet aircraft for military purposes, from any country.
"(b) The President shall report annually to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate his actions in carrying out this provision."
§2345. Repealed. Pub. L. 90–629, ch. 4, §45(a), Oct. 22, 1968, 82 Stat. 1327
Section,
Effective Date of Repeal
Repeal effective July 1, 1968, see section 41 of
Savings Provision
Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued undertaken, or entered into under authority of any provision of former
Part IV—Economic Support Fund
Part Referred to in Other Sections
This part is referred to in
§2346. Authority
(a) Policy requirements for assistance
The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter.
(b) Responsibility for policy decisions and justifications
The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter.
(c) Detailed justification for uses and purposes of funds
As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary and balance-of-payments support provided, and the amounts and kinds of project assistance provided with funds made available under this part.
(d) Repealed. Pub. L. 105–277, div. A, §101(d) [title V, §533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150 , 2681-180
(e) Availability of funds
Amounts appropriated to carry out this part shall be available for economic programs only and may not be used for military or paramilitary purposes.
(
References to Subchapter I Deemed To Include This and Certain Other Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts VI (§2348 et seq.) and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See
Reference to Part I Deemed To Include Section 2293
Reference to part I of subchapter I of this chapter deemed to include a reference to
Prior Provisions
A prior section 2346,
Amendments
1998—Subsec. (d).
1990—Subsec. (a).
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Reports on Economic Conditions Prevailing in Egypt, Israel, Turkey, and Portugal
Section 1205 of
"(a)
"(b)
[For delegation of functions of President under section 1205(b) of
References to Security Supporting Assistance as References to Assistance Under Part IV of Subchapter II of This Chapter
Section 10(b)(6) of
Security Supporting Assistance Program for Egypt
Section 9 of
Section Referred to in Other Sections
This section is referred to in
§2346a. Authorizations of appropriations
(a) Recipients and purposes of funds
There are authorized to be appropriated to the President to carry out the purposes of this part—
(1) $2,015,000,000 for the fiscal year 1986 and $2,015,000,000 for the fiscal year 1987 for the following countries signing the Camp David agreement: Israel and Egypt; and
(2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000 for the fiscal year 1987 for assistance under this part for recipients or purposes other than the countries referred to in paragraph (1).
(b) Availability of amounts
Amounts appropriated to carry out this part are authorized to remain available until expended.
(
Prior Provisions
A prior section 2346a,
Another prior section 2346a,
Another prior section 2346a,
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Termination of Assistance Programs to Syria
"(a) After the enactment of this section [Nov. 22, 1983], funds available to the Agency for International Development may not be used for any payment or reimbursement of any kind to the Government of Syria or for the delivery of any goods or services of any kind to the Government of Syria.
"(b) The Administrator of the Agency for International Development shall deobligate all funds which have been obligated for Syria under the Foreign Assistance Act of 1961 [this chapter] prior to the enactment of this section [Nov. 22, 1983], except that—
"(1) such funds may continue to be used to finance the training or studies outside of Syria of students whose course of study began before the enactment of this section;
"(2) the Administrator may adopt as a contract of the United States Government any contract with a United States or third-country contractor which would otherwise be terminated pursuant to this subsection, and may assume in whole or in part any liabilities arising under such contract, except that the authority provided by this paragraph may be exercised only to the extent that budget authority is available to meet the obligations of the United States under such contracts; and
"(3) amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955 [
Section 101(b)(1) of
Negotiations Between Israel and Egypt; Promotion, Etc.
Section 28 of
"(a) The Congress finds that—
"(1) a lasting settlement of the Arab-Israel conflict is vital to United States national interests as well as to the interests of the countries of the region;
"(2) support for a strong and secure Israel and the maintenance for this purpose of Israel's effective defense capabilities as essential to peace remains a fundamental tenet of United States foreign policy;
"(3) direct, face-to-face negotiations between Israel and Egypt without preconditions is an historic opening for peace, and the support of such negotiations by other moderate Arab countries, can best promote a peace settlement based on mutual concessions and accommodations;
"(4) the establishment of secure, recognized, and defensible borders between Israel and its neighbors will discourage hostilities; and
"(5) full, normalized relations between Israel and its Arab neighbors, including trade, travel, tourism, communications, and diplomatic relations are vital for peace.
"(b) It is the sense of the Congress that the Government of the United States should continue to promote direct negotiations between Israel and Egypt and to encourage other Arab countries to enter into negotiations leading to peace treaties with Israel.
"(c) It is further the sense of the Congress that the United States should be responsive to Israel's economic needs and defense requirements, including the provision of additional advanced aircraft, in order to maintain Israel's defense capability which is essential to peace."
§2346b. Emergency assistance
(a) Of the funds appropriated to carry out this part, up to $75,000,000 for the fiscal year 1986 and up to $75,000,000 for the fiscal year 1987 may be made available for emergency use under this part when the national interests of the United States urgently require economic support to promote economic or political stability.
(b) Notwithstanding any provision of this part or of an appropriations Act (including a joint resolution making continuing appropriations) which earmarks funds available to carry out this part for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section.
(
Codification
Section was classified to
Prior Provisions
A prior section 2346b,
Another prior section 2346b,
Another prior section 2346b,
Another prior section 2346b,
Amendments
1985—Subsec. (a).
Effective Date of 1985 Amendment
Amendment by
§2346c. Administration of justice
(a) Authorization of assistance; purposes
The President may furnish assistance under this part to countries and organizations, including national and regional institutions, in order to strengthen the administration of justice in countries in Latin America and the Caribbean.
(b) Scope of assistance
Assistance under this section may only include—
(1) support for specialized professional training, scholarships, and exchanges for continuing legal education;
(2) programs to enhance prosecutorial and judicial capabilities and protection for participants in judicial cases;
(3) notwithstanding
(A) programs to enhance professional capabilities to carry out investigative and forensic functions conducted under judicial or prosecutorial control;
(B) programs to assist in the development of academic instruction and curricula for training law enforcement personnel;
(C) programs to improve the administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development, personnel evaluation, and internal discipline procedures; and
(D) programs, conducted through multilateral or regional institutions, to improve penal institutions and the rehabilitation of offenders;
(4) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, enforcement of ethical standards, and legal reform;
(5) increasing the availability of legal materials and publications;
(6) seminars, conferences, and training and educational programs to improve the administration of justice and to strengthen respect for the rule of law and internationally recognized human rights; and
(7) revision and modernization of legal codes and procedures.
(c) Availability of funds
Not more than $20,000,000 of the funds made available to carry out this part for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes.
(d) Obligation of funds
Funds may not be obligated for assistance under this section unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified of the amount and nature of the proposed assistance at least 15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to
(e) Participation of Defense personnel in training prohibited; availability of funds; expiration of authority
Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. Of the funds made available to carry out this section, not more than $10,000,000 may be made available in fiscal year 1991 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1991.
(
Prior Provisions
A prior section 2346c,
Another prior section 2346c,
Amendments
1990—Subsec. (e).
1989—Subsec. (e).
1987—Subsec. (b)(3).
Subsec. (e).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Anti-Narcotics Update
Section Referred to in Other Sections
This section is referred to in
§2346d. Repealed. Pub. L. 103–149, §4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505
Section,
§§2346e to 2346i. Repealed. Pub. L. 99–83, title II, §201(a), Aug. 8, 1985, 99 Stat. 210
Section 2346e,
A prior section 2346e,
Section 2346f,
Section 2346g,
Section 2346h,
Section 2346i,
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 1301 of
Part V—International Military Education and Training
Part Referred to in Other Sections
This part is referred to in
§2347. General authority
The President is authorized to furnish, on such terms and conditions consistent with this chapter as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators and individuals who are not members of the government, if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) improve military justice systems and procedures in accordance with internationally recognized human rights. Such training and education may be provided through—
(1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad;
(2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and
(3) observation and orientation visits to military facilities and related activities in the United States and abroad.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1996—
1992—
1990—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Funds Made Available Pursuant to Other Provisions of Law
Section 106(d) of
§2347a. Authorization of appropriations
There are authorized to be appropriated to the President to carry out the purposes of this part $56,221,000 for fiscal year 1986 and $56,221,000 for fiscal year 1987.
(
Amendments
1985—
1981—
1980—
1979—
1978—
1977—
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2347b. Congressional declaration of purpose
Education and training activities conducted under this part shall be designed—
(1) to encourage effective and mutually beneficial relations and increased understanding between the United States and foreign countries in furtherance of the goals of international peace and security;
(2) to improve the ability of participating foreign countries to utilize their resources, including defense articles and defense services obtained by them from the United States, with maximum effectiveness, thereby contributing to greater self-reliance by such countries; and
(3) to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving internationally recognized human rights.
(
Amendments
1978—
§2347c. Exchange training; reciprocity agreement
(a) In carrying out this part, the President is authorized to provide for attendance of foreign military personnel at professional military education institutions in the United States (other than service academies) without charge, and without charge to funds available to carry out this part (notwithstanding
(b) The President may provide for the attendance of foreign military and civilian defense personnel at flight training schools and programs (including test pilot schools) in the United States without charge, and without charge to funds available to carry out this part (notwithstanding
(
Amendments
1996—
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Authority for Exchange Training Through Specified Professional Military Education Institution Outside United States
"(a)
"(b)
§2347d. Training in maritime skills
The President is encouraged to allocate a portion of the funds made available each fiscal year to carry out this part for use in providing education and training in maritime search and rescue, operation and maintenance of aids to navigation, port security, at-sea law enforcement, international maritime law, and general maritime skills.
(
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2347e. Prohibition on grant assistance for certain high income foreign countries
(a) In general
None of the funds made available for a fiscal year for assistance under this part may be made available for assistance on a grant basis for any of the high-income foreign countries described in subsection (b) of this section for military education and training of military and related civilian personnel of such country.
(b) High-income foreign countries described
The high-income foreign countries described in this subsection are Austria, Finland, the Republic of Korea, Singapore, and Spain.
(
Part VI—Peacekeeping Operations
Part Referred to in Other Sections
This part is referred to in
§2348. General authorization
The President is authorized to furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. Such assistance may include reimbursement to the Department of Defense for expenses incurred pursuant to
(
Amendments
1979—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
United States Proposal for the Early Warning System in Sinai
"Whereas an agreement signed on September 4, 1975, by the Government of the Arab Republic of Egypt and the Government of Israel may, when it enters into force, constitute a significant step toward peace in the Middle East;
"Whereas the President of the United States on September 1, 1975, transmitted to the Government of the Arab Republic of Egypt and to the Government of Israel identical proposals for United States participation in an early-warning system, the text of which has been submitted to the Congress, providing for the assignment of no more than two hundred United States civilian personnel to carry out certain specified noncombat functions and setting forth the terms and conditions thereof;
"Whereas that proposal would permit the Government of the United States to withdraw such personnel if it concludes that their safety is jeopardized or that continuation of their role is no longer necessary; and
"Whereas the implementation of the United States proposals for the early-warning system in Sinai may enhance the prospect of compliance in good faith with the terms of the Egyptian-Israeli agreements and thereby promote the cause of peace: Now, therefore, be it
"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to implement the 'United States Proposal for the Early Warning System in Sinai': Provided, however, That United States civilian personnel assigned to Sinai under such proposal shall be removed immediately in the event of an outbreak of hostilities between Egypt and Israel or if the Congress by concurrent resolution determines that the safety of such personnel is jeopardized or that continuation of their role is no longer necessary. Nothing contained in this resolution shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution.
Executive Order No. 11896
Ex. Ord. No. 11896, Jan. 13, 1976, 41 F.R. 2067, as amended by Ex. Ord. No. 12150, July 23, 1979, 44 F.R. 43455; Ex. Ord. No. 12227, July 22, 1980, 45 F.R. 49237; Ex. Ord. No. 12357, Apr. 6, 1982, 47 F.R. 15093, which established the United States Sinai Support Mission, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§2348a. Authorization of appropriations
(a) Fiscal years 1986 and 1987
There are authorized to be appropriated to the President to carry out the purposes of this part, in addition to amounts otherwise available for such purposes, $37,000,000 for fiscal year 1986 and $37,000,000 for fiscal year 1987.
(b) Availability of funds
Amounts appropriated under this section are authorized to remain available until expended.
(c) Emergency transfer of funds
If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this part in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States, the President may (1) exercise the authority of
(d) Reimbursement of applicable appropriation, fund, or account
There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for commodities and services provided under subsection (c)(2) of this section.
(
Amendments
1985—Subsec. (a).
Subsec. (c).
Subsec. (d).
1981—Subsec. (a).
Subsec. (b).
1980—Subsec. (a).
1979—Subsec. (a).
Subsec. (c).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2348b. Repealed. Pub. L. 96–533, title I, §116(b), Dec. 16, 1980, 94 Stat. 3140
Section,
§2348c. Administrative authorities
Except where expressly provided to the contrary, any reference in any law to subchapter I of this chapter shall be deemed to include reference to this part and any reference in any law to subchapter II of this chapter shall be deemed to exclude reference to this part.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.) and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
§2348d. Data on costs incurred in support of United Nations peacekeeping operations
(a) United States costs
The President shall annually provide to the Secretary General of the United Nations data regarding all costs incurred by the United States Department of Defense during the preceding year in support of all United Nations Security Council resolutions as reported to the Congress pursuant to section 8079 of the Department of Defense Appropriations Act, 1998.
(b) United Nations member costs
The President shall request that the United Nations compile and publish information concerning costs incurred by United Nations members in support of such resolutions.
(
References in Text
Section 8079 of the Department of Defense Appropriations Act, 1998, referred to in subsec. (a), is section 8079 of
Prior Provisions
A prior section 554 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
Part VII—Air Base Construction in Israel
§2349. General authority
The President is authorized—
(1) to construct such air bases in Israel for the Government of Israel as may be agreed upon between the Government of Israel and the Government of the United States to replace the Israeli air bases located at Etzion and Etam on the Sinai peninsula that are to be evacuated by the Government of Israel; and
(2) for purposes of such construction, to furnish as a grant to the Government of Israel, on such terms and conditions as the President may determine, defense articles and defense services, which he may acquire from any source, of a value not to exceed the amount appropriated pursuant to
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2349a. Authorization and utilization of funds
(a) Authorization of appropriation
There is authorized to be appropriated to the President to carry out this part not to exceed $800,000,000, which may be made available until expended.
(b) Presidential authority to incur obligations and enter into contracts
Upon agreement by the Government of Israel to provide to the Government of the United States funds equal to the difference between the amount required to complete the agreed construction work and the amount appropriated pursuant to subsection (a) of this section, and to make those funds available, in advance of the time when payments are due, in such amounts and at such times as may be required by the Government of the United States to meet those additional costs of construction, the President may incur obligations and enter into contracts to the extent necessary to complete the agreed construction work, except that this authority shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.
(c) Crediting of funds to proper appropriation account
Funds made available by the Government of Israel pursuant to subsection (b) of this section may be credited to the appropriation account established to carry out the purposes of this section for the payment of obligations incurred and for refund to the Government of Israel if they are unnecessary for that purpose, as determined by the President. Credits and the proceeds of guaranteed loans made available to the Government of Israel pursuant to the Arms Export Control Act [
(
References in Text
The Arms Export Control Act, referred to in subsec. (c), is
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2349b. Waiver authorities
(a) Efficient and timely completion of authorized construction
It is the sense of the Congress that the President should take all necessary measures consistent with law to insure the efficient and timely completion of the construction authorized by this part, including the exercise of authority vested in him by
(b) Use of funds to pay for personal services abroad
The provisions of paragraph (3) of
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Part VIII—Antiterrorism Assistance
Part Referred to in Other Sections
This part is referred to in
§2349aa. General authority
Notwithstanding any other provision of law that restricts assistance to foreign countries (other than
(
Codification
Section 571 of
Amendments
1996—
Effective Date
Section 203 of title II of H.R. 2992, as enacted into permanent law by section 101(b)(2) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2349aa–1. Purposes
Activities conducted under this part shall be designed—
(1) to enhance the antiterrorism skills of friendly countries by providing training and equipment to deter and counter terrorism;
(2) to strengthen the bilateral ties of the United States with friendly governments by offering concrete assistance in this area of great mutual concern; and
(3) to increase respect for human rights by sharing with foreign civil authorities modern, humane, and effective antiterrorism techniques.
(
Codification
Section 572 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2349aa–2. Limitations
(a) Services and commodities furnished by agency of United States Government; advance payment
Whenever the President determines it to be consistent with and in furtherance of the purposes of this part, and on such terms and conditions consistent with this chapter as he may determine, any agency of the United States Government is authorized to furnish services and commodities, without charge to funds available to carry out this part, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of
(b) Consultation in development and implementation of assistance
The Assistant Secretary of State for Democracy, Human Rights, and Labor shall be consulted in the determinations of the foreign countries that will be furnished assistance under this part and determinations of the nature of assistance to be furnished to each such country.
(c) Arms and ammunition; value of equipment and commodities
(1) Arms and ammunition may be provided under this part only if they are directly related to antiterrorism assistance.
(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this part in any fiscal year shall not exceed 30 percent of the funds made available to carry out this part for that fiscal year.
(d) Information exchange activities
This part does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Codification
Section 573 of
Amendments
1996—
Subsecs. (a), (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1994—Subsec. (c).
1990—Subsec. (d)(1) to (3).
"(1) Training services provided pursuant to this part shall not be conducted outside the United States.
"(2) Personnel of the United States Government authorized to advise eligible foreign countries on antiterrorism matters shall carry out their responsibilities, to the maximum extent possible, within the United States. Such personnel may provide advice outside the United States on antiterrorism matters to eligible foreign countries for periods not to exceed thirty consecutive calendar days.
"(3) Employees of the Department of State shall not engage in the training of law enforcement personnel or provision of services under this part, except that employees of the Office of Security of the Department of State may provide training and services to law enforcement personnel for the physical protection of internationally protected persons and related facilities."
1986—Subsec. (d)(4).
1985—Subsec. (d)(4).
Subsec. (f).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2349aa–3. Repealed. Pub. L. 104–164, title I, §121(c), July 21, 1996, 110 Stat. 1428
Section,
§2349aa–4. Authorization of appropriations
(a) There are authorized to be appropriated to the President to carry out this part $9,840,000 for fiscal year 1986 and $14,680,000 for fiscal year 1987.
(b) Amounts appropriated under this section are authorized to remain available until expended.
(
Prior Provisions
A prior section 574 of
Amendments
1986—Subsec. (a).
1985—
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2349aa–5. Administrative authorities
Except where expressly provided to the contrary, any reference in any law to subchapter I of this chapter shall be deemed to include reference to this part and any reference in any law to subchapter II of this chapter shall be deemed to exclude reference to this part.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.) and VI (§2348 et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Codification
Section 575, formerly 576, of
Prior Provisions
A prior section 575 of
§2349aa–6. Repealed. Pub. L. 99–83, title V, §501(d), Aug. 8, 1985, 99 Stat. 220
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 1301 of
§2349aa–7. Coordination of all United States terrorism-related assistance to foreign countries
(a) Responsibility
The Secretary of State shall be responsible for coordinating all assistance related to international terrorism which is provided by the United States Government to foreign countries.
(b) Reports
Not later than February 1 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 related to international terrorism which was provided by the United States Government during the preceding fiscal year. Such reports may be provided on a classified basis to the extent necessary, and shall specify the amount and nature of the assistance provided.
(c) Rule of construction
Nothing contained in this section 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.
(
References in Text
Executive Order 12333, referred to in subsec. (c), is set out as a note under
Codification
Section was enacted as part of the International Security and Development Cooperation Act of 1985, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1986—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
§2349aa–8. Prohibition on imports from and exports to Libya
(a) Prohibition on imports
Notwithstanding any other provision of law, the President may prohibit any article grown, produced, extracted, or manufactured in Libya from being imported into the United States.
(b) Prohibition on exports
Notwithstanding any other provision of law, the President may prohibit any goods or technology, including technical data or other information, subject to the jurisdiction of the United States or exported by any person subject to the jurisdiction of the United States, from being exported to Libya.
(c) "United States" defined
For purposes of this section, the term "United States", when used in a geographical sense, includes territories and possessions of the United States.
(
Codification
Section was enacted as part of the International Security and Development Cooperation Act of 1985, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2349aa–9. Ban on importing goods and services from countries supporting terrorism
(a) Authority
The President may ban the importation into the United States of any good or service from any country which supports terrorism or terrorist organizations or harbors terrorists or terrorist organizations.
(b) Consultation
The President, in every possible instance, shall consult with the Congress before exercising the authority granted by this section and shall consult regularly with the Congress so long as that authority is being exercised.
(c) Reports
Whenever the President exercises the authority granted by this section, he shall immediately transmit to the Congress a report specifying—
(1) the country with respect to which the authority is to be exercised and the imports to be prohibited;
(2) the circumstances which necessitate the exercise of such authority;
(3) why the President believes those circumstances justify the exercise of such authority; and
(4) why the President believes the prohibitions are necessary to deal with those circumstances.
At least once during each succeeding 6-month period after transmitting a report pursuant to this subsection, the President shall report to the Congress with respect to the actions taken, since the last such report, pursuant to this section and with respect to any changes which have occurred concerning any information previously furnished pursuant to this subsection.
(d) "United States" defined
For purposes of this section, the term "United States" includes territories and possessions of the United States.
(
Codification
Section was enacted as part of the International Security and Development Cooperation Act of 1985, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Effective Date
Section effective Oct. 1, 1985, see section 1301 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2349aa–10. Antiterrorism assistance
(a) Omitted
(b) Assistance to foreign countries to procure explosives detection devices and other counterterrorism technology
(1) Subject to
(A) to procure explosives detection devices and other counterterrorism technology; and
(B) for joint counterterrorism research and development projects on such technology conducted with NATO and major non-NATO allies under the auspices of the Technical Support Working Group of the Department of State.
(2) As used in this subsection, the term "major non-NATO allies" means those countries designated as major non-NATO allies for purposes of
(c) Assistance to foreign countries
Notwithstanding any other provision of law (except
(1) such assistance is provided for the purpose of protecting the property of the United States Government or the life and property of any United States citizen, or furthering the apprehension of any individual involved in any act of terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not later than 15 days prior to the provision of such assistance.
(
References in Text
Codification
Section is comprised of section 328 of
Section was enacted as part of the Antiterrorism and Effective Death Penalty Act of 1996, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
"Assistance" Defined
Section 329 of title III of
"(1) the term 'assistance' means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and
"(2) the term 'assistance' does not include assistance of the type authorized under
SUBCHAPTER III—GENERAL AND ADMINISTRATIVE PROVISIONS
Part I—General Provisions
§2351. Encouragement of free enterprise and private participation
(a) Policy of United States
The Congress of the United States recognizes the vital role of free enterprise in achieving rising levels of production and standards of living essential to economic progress and development. Accordingly, it is declared to be the policy of the United States to encourage the efforts of other countries to increase the flow of international trade, to foster private initiative and competition, to encourage the development and use of cooperatives, credit unions, and savings and loan associations, to discourage monopolistic practices, to improve the technical efficiency of their industry, agriculture, and commerce, and to strengthen free labor unions; and to encourage the contribution of United States enterprise toward economic strength of less developed friendly countries, through private trade and investment abroad, private participation in programs carried out under this chapter (including the use of private trade channels to the maximum extent practicable in carrying out such programs), and exchange of ideas and technical information on the matters covered by this subsection.
(b) Action by President to facilitate participation to maximum extent
In order to encourage and facilitate participation by private enterprise to the maximum extent practicable in achieving any of the purposes of this chapter, the President shall—
(1) make arrangements to find, and draw the attention of private enterprise to, opportunities for investment and development in less-developed friendly countries and areas;
(2) establish an effective system for obtaining adequate information with respect to the activities of, and opportunities for, nongovernmental participation in the development process, and for utilizing such information in the planning, direction, and execution of programs carried out under this chapter, and in the coordination of such programs with the ever-increasing developmental activities of nongovernmental United States institutions;
(3) accelerate a program of negotiating treaties for commerce and trade, including tax treaties, which shall include provisions to encourage and facilitate the flow of private investment to, and its equitable treatment in, friendly countries and areas participating in programs under this chapter;
(4) seek, consistent with the national interest, compliance by other countries or areas with all treaties for commerce and trade and taxes, and take all reasonable measures under this chapter or other authority to secure compliance therewith and to assist United States citizens in obtaining just compensation for losses sustained by them or payments exacted from them as a result of measures taken or imposed by any country or area thereof in violation of any such treaty;
(5) to the maximum extent practicable carry out programs of assistance through private channels and to the extent practicable in conjunction with local private or governmental participation, including loans under the authority of
(6) take appropriate steps to discourage nationalization, expropriation, confiscation, seizure of ownership or control, of private investment and discriminatory or other actions having the effect thereof, undertaken by countries receiving assistance under this chapter, which divert available resources essential to create new wealth, employment, and productivity in those countries and otherwise impair the climate for new private investment essential to the stable economic growth and development of those countries;
(7) utilize wherever practicable the services of United States private enterprise (including, but not limited to, the services of experts and consultants in technical fields such as engineering); and
(8) utilize wherever practicable the services of United States private enterprise on a cost-plus incentive fee contract basis to provide the necessary skills to develop and operate a specific project or program of assistance in a less developed friendly country or area in any case in which direct private investment is not readily encouraged, and provide where appropriate for the transfer of equity ownership in such project or program to private investors at the earliest feasible time.
(c) International Private Investment Advisory Council on Foreign Aid; establishment; composition; selection of members by Administrator; duration of service; Chairman; duties of Council; compensation; travel and other expenses; funds for payment of expenses of Council
(1) There is hereby established an International Private Investment Advisory Council on Foreign Aid to be composed of such number of leading American business specialists as may be selected, from time to time, by the Administrator of the Agency for International Development for the purpose of carrying out the provisions of this subsection. The members of the Council shall serve at the pleasure of the Administrator, who shall designate one member to serve as Chairman.
(2) It shall be the duty of the Council, at the request of the Administrator, to make recommendations to the Administrator with respect to particular aspects of programs and activities under this chapter where private enterprise can play a contributing role and to act as liaison for the Administrator to involve specific private enterprises in such programs and activities.
(3) The members of the Advisory Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with
(4) The expenses of the Advisory Council shall be paid by the Administrator from funds otherwise available under this chapter.
(d) Engineering and professional services of United States firms
It is the sense of Congress that the Agency for International Development should continue to encourage, to the maximum extent consistent with the national interest, the utilization of engineering and professional services of United States firms (including, but not limited to, any corporation, company, partnership, or other association) or by an affiliate of such United States firms in connection with capital projects financed by funds authorized under this chapter.
(e) Contracts on basis of competitive selection procedures
(1) The Congress finds that significantly greater effort must be made in carrying out programs under subchapter I of this chapter to award contracts on the basis of competitive selection procedures. All such contracts should be let on the basis of competitive selection procedures except in those limited cases in which the procurement regulations governing the agency primarily responsible for administering subchapter I of this chapter allow noncompetitive procedures to be used.
(2) Repealed.
(
References in Text
This chapter, referred to in subsecs. (b) and (d), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1981—Subsec. (e)(2).
1978—Subsec. (b)(5).
Subsec. (e).
1967—Subsec. (c)(3).
1966—Subsec. (b)(2) to (8).
Subsec. (c).
1964—Subsec. (c)(4).
Subsec. (d).
1963—Subsec. (b).
Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Termination of Advisory Council
Advisory council in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of
§2352. Small business
(a) Assistance for participation in furnishing of commodities, defense articles, and services
Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this chapter, the President shall assist American small business to participate equitably in the furnishing of commodities, defense articles, and services (including defense services) financed with funds made available under this chapter—
(1) by causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with such funds;
(2) by causing to be made available to prospective purchasers in the countries and areas receiving assistance under this chapter information as to such commodities, articles, and services produced by small independent enterprises in the United States; and
(3) by providing for additional services to give small business better opportunities to participate in the furnishing of such commodities, articles, and services financed with such funds.
(b) Office of Small Business
There shall be an Office of Small Business, headed by a Special Assistant for Small Business, in such agency of the United States Government as the President may direct, to assist in carrying out the provisions of subsection (a) of this section.
(c) Information with respect to certain purchases by Department of Defense
The Secretary of Defense shall assure that there is made available to suppliers in the United States, and particularly to small independent enterprises, information with respect to purchases made by the Department of Defense pursuant to subchapter II of this chapter, such information to be furnished as far in advance as possible.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Office in Agency for International Development
For location of the Office of Small Business, provided for in subsec. (b), in the United States Agency for International Development, see section 1–200(d) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Procurements From Small Businesses
§2353. Shipping on United States vessels
The ocean transportation between foreign countries of commodities and defense articles purchased with foreign currencies made available or derived from funds made available under this chapter or the Agricultural Trade Development and Assistance Act of 1954, as amended [
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Agricultural Trade Development and Assistance Act of 1954, as amended, referred to in text, is act July 10, 1954, ch. 469,
§2354. Procurement
(a) Limitations on procurement outside United States
(1) Funds made available for assistance under this chapter may be used by the President for procurement—
(A) only in the United States, the recipient country, or developing countries; or
(B) in any other country but only if—
(i) the provision of such assistance requires commodities or services of a type that are not produced in and available for purchase in any country specified in subparagraph (A); or
(ii) the President determines, on a case-by-case basis, that procurement in such other country is necessary—
(I) to meet unforeseen circumstances, such as emergency situations, where it is important to permit procurement in a country not specified in subparagraph (A); or
(II) to promote efficiency in the use of United States foreign assistance resources, including to avoid impairment of foreign assistance objectives.
(2) For purposes of this subsection, the term "developing countries" shall not include advanced developing countries.
(b) Purchases in bulk
No funds made available under this chapter shall be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the United States at the time of purchase, adjusted for differences in the cost of transportation to destination, quality, and terms of payment.
(c) Agricultural commodities or products thereof available for disposition under Agricultural Trade Development and Assistance Act of 1954
In providing for the procurement of any agricultural commodity or product thereof available for disposition under the Agricultural Trade Development and Assistance Act of 1954, as amended [
(d) Marine insurance
In providing assistance in the procurement of commodities in the United States, United States dollars shall be made available for marine insurance on such commodities where such insurance is placed on a competitive basis in accordance with normal trade practice prevailing prior to the outbreak of World War II: Provided, That in the event a participating country, by statute, decree, rule, or regulation, discriminates against any marine insurance company authorized to do business in any State of the United States, then commodities purchased with funds provided hereunder and destined for such country shall be insured in the United States against marine risk with a company or companies authorized to do a marine insurance business in any State of the United States.
(e) Parity for domestic commodities prior to use of funds outside United States
No funds made available under this chapter shall be used for the procurement of any agricultural commodity or product thereof outside the United States when the domestic price of such commodity is less than parity, unless the commodity to be financed could not reasonably be procured in the United States in fulfillment of the objectives of a particular assistance program under which such commodity procurement is to be financed.
(f) Commodity eligibility
No funds authorized to be made available to carry out subchapter I of this chapter shall be used under any commodity import program to make any payment to a supplier unless the supplier has certified to the agency primarily responsible for administering such subchapter I, such information as such agency shall by regulation prescribe, including but not limited to, a description of the commodity supplied by him and its condition, and, on the basis of such information such agency shall have approved such commodity as eligible and suitable for financing under this chapter.
(g) Construction or engineering services; applicability to advanced developing country
(1) None of the funds authorized to be appropriated or made available for obligation or expenditure under this chapter may be made available for the procurement of construction or engineering services from advanced developing countries, eligible under the Geographic Code 941, which have attained a competitive capability in international markets for construction services or engineering services.
(2) Paragraph (1) does not apply with respect to an advanced developing country which—
(A) is receiving direct economic assistance under part I of subchapter I of this chapter or part IV of subchapter II of this chapter, and
(B) if the country has its own foreign assistance programs which finance the procurement of construction or engineering services, permits United States firms to compete for those services.
(
References in Text
This chapter, referred to in subsecs. (a) to (c) and (e) to (g)(1), was in the original "this Act", meaning
The Agricultural Trade Development and Assistance Act of 1954, as amended, referred to in subsec. (c), is act July 10, 1954, ch. 469,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Amendments
1992—Subsec. (a).
1985—Subsec. (g).
1980—Subsec. (e).
Subsec. (g).
1968—Subsec. (f).
1966—Subsec. (c).
Subsec. (e).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2355. Retention and use of certain items and funds
(a) Commodities and defense articles; disposal to prevent spoilage or wastage or to conserve usefulness; funds realized from disposal or transfer
Any commodities and defense articles procured to carry out this chapter shall be retained by, or upon reimbursement, transferred to, and for the use of, such agency of the United States Government as the President may determine in lieu of being disposed of to a foreign country or international organization, whenever in the judgment of the President the best interests of the United States will be served thereby, or whenever such retention is called for by concurrent resolution. Any commodities or defense articles so retained may be disposed of without regard to provisions of law relating to the disposal of property owned by the United States Government, when necessary to prevent spoilage or wastage of such commodities or defense articles or to conserve the usefulness thereof. Funds realized from any disposal or transfer shall revert to the respective appropriation, fund, or account used to procure such commodities or defense articles or to the appropriation, fund, or account currently available for the same general purpose.
(b) Commodities transferred as repayment of assistance
Whenever commodities are transferred to the United States Government as repayment of assistance under this chapter, such commodities may be used in furtherance of the purposes and within the limitations of this chapter.
(c) Funds realized as result of illegal transactions
Funds realized as a result of any failure of a transaction financed under authority of subchapter I of this chapter to conform to the requirements of this chapter, or to applicable rules and regulations of the United States Government, or to the terms of any agreement or contract entered into under authority of subchapter I of this chapter, shall revert to the respective appropriation, fund, or account used to finance such transaction or to the appropriation, fund, or account currently available for the same general purpose.
(d) Funds realized from sale, transfer, or disposal of returned defense articles
Funds realized by the United States Government from the sale, transfer, or disposal of defense articles returned to the United States Government by a recipient country or international organization as no longer needed for the purpose for which furnished shall be credited to the respective appropriation, fund, or account used to procure such defense articles or to the appropriation, fund, or account currently available for the same general purpose.
(
References in Text
This chapter, referred to in subsecs. (a) to (c), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1965—Subsecs. (c), (d).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2356. Patents and technical information
(a) Practice of invention or disclosure of information; suits against United States for reasonable compensation; jurisdiction; limitation of action; defenses
Whenever, in connection with the furnishing of assistance under this chapter—
(1) an invention or discovery covered by a patent issued by the United States Government is practiced within the United States without the authorization of the owner, or
(2) information, which is (A) protected by law, and (B) held by the United States Government subject to restrictions imposed by the owner, is disclosed by the United States Government or any of its officers, employees, or agents in violation of such restrictions,
the exclusive remedy of the owner, except as provided in subsection (b) of this section, is to sue the United States Government for reasonable and entire compensation for such practice or disclosure in the district court of the United States for the district in which such owner is a resident, or in the United States Court of Federal Claims, within six years after the cause of action arises. Any period during which the United States Government is in possession of a written claim under subsection (b) of this section before mailing a notice of denial of that claim does not count in computing the six years. In any such suit, the United States Government may plead any defense that may be pleaded by a private person in such an action. The last paragraph of
(b) Settlement of claims
Before suit against the United States Government has been instituted, the head of the agency of the United States Government concerned may settle and pay any claim arising under the circumstances described in subsection (a) of this section. No claim may be paid under this subsection unless the amount tendered is accepted by the claimant in full satisfaction.
(c) Drug products manufactured outside the United States
Funds appropriated pursuant to this chapter shall not be expended by the United States Government for the acquisition of any drug product or pharmaceutical product manufactured outside the United States if the manufacture of such drug product or pharmaceutical product in the United States would involve the use of, or be covered by, an unexpired patent of the United States which has not previously been held invalid by an unappealed or unappealable judgment or decree of a court of competent jurisdiction, unless such manufacture is expressly authorized by the owner of such patent.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
Amendments
1992—Subsec. (a).
1982—Subsec. (a).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§2357. Furnishing of services and commodities
(a) Advance-of-funds or reimbursement basis
Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, the American Red Cross, and voluntary nonprofit relief agencies registered with and approved by the Agency for International Development (including foreign voluntary nonprofit relief agencies so registered and approved when no United States voluntary nonprofit relief agency is available). Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances:
(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered.
(2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to
(b) Agency contracts with individuals to perform services
When any agency of the United States Government provides services on an advance-of-funds or reimbursable basis under this section, such agency may contract with individuals for personal service abroad or in the United States to perform such services or to replace officers or employees of the United States Government who are assigned by the agency to provide such services. Such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Director of the Office of Personnel Management.
(c) Excess property
(1) Except as provided in subsection (d) of this section, no Government-owned excess property shall be made available under this section,
(A) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(B) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(C) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
(2) For purposes of transferring property described in this subsection in furtherance of the provisions of part VIII of subchapter I of this chapter, the phrase "the agency administering such subchapter I" shall be considered to refer to the Department of State.
(d) Transfer of Government-owned excess property to enhance environmental protection in foreign countries
The Secretary of State, acting through the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, is authorized to transfer to any friendly country, international organization, the American Red Cross, or other voluntary nonprofit relief agency described in subsection (a) of this section, Government-owned excess property made available under this section or
(1) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested;
(2) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and
(3) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these costs.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Amendments
1985—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1979—Subsec. (a).
1978—Subsecs. (b), (c).
1977—Subsec. (a).
1975—Subsec. (a).
1968—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Regulations
Section 122(b) of
Transfer of Functions
"Director of the Office of Personnel Management" substituted for "Civil Service Commission" in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037,
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Delegation of Authority
Memorandum of President of the United States, Feb. 16, 1995, 60 F.R. 10793, provided:
Memorandum for the Secretary of State [and] the Administrator of the Agency for International Development
By virtue of the authority vested in me by the Constitution and laws of the United States of America, including
(A) the functions under section 607 of the Foreign Assistance Act of 1961, as amended (FAA) [
(B) the functions in the first proviso under the heading "Population, Development Assistance," contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (
The delegations of authority described in subparagraph (A) are in addition to other delegations of such authority to the International Development Cooperation Agency.
The delegation of authority described above in subparagraph (B) shall be exercised in lieu of the delegation of the comparable authority to the Administrator of the Agency for International Development by section 1–102(a)(7) of Executive Order No. 12163, as amended [
Any reference in this memorandum to any Act, order, determination, or delegation of authority shall be deemed to be a reference to such Act, order, determination, or delegation of authority as amended from time to time.
The functions delegated by this memorandum may be redelegated within the Department of State or the Agency for International Development, as appropriate.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
Section Referred to in Other Sections
This section is referred to in
§2358. Foreign and domestic excess property
(a) Advance acquisition of property; special account for payment of costs; limitation; use of property
It is the sense of the Congress that in furnishing assistance under subchapter I of this chapter excess personal property, or (if a substantial savings would occur) other property already owned by an agency of the United States Government, shall be utilized wherever practicable in lieu of or supplementary to the procurement of new items for United States-assisted projects and programs. The President is authorized to maintain in a separate account, which shall, notwithstanding
(b) Transfer of domestic excess property
Property classified as domestic excess property under the Federal Property and Administrative Services Act of 1949, as amended [
(
References in Text
The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Codification
In subsec. (a), "
Amendments
1981—Subsec. (a).
1978—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2359. Repealed. Pub. L. 105–277, div. A, §101(d) [title V, §533(a)(5)], Oct. 21, 1998, 112 Stat. 2681–150 , 2681-180
Section,
§2360. Transfer of funds between accounts
(a) Necessity of transfer; limitations
Whenever the President determines it to be necessary for the purposes of this chapter, not to exceed 10 per centum of the funds made available for any provision of this chapter (except funds made available pursuant to subpart IV of part II of subchapter I of this chapter or for
(b) Augmentation of other appropriations
The authority contained in this section and in
(c) Military and development assistance purposes
Any funds which the President has notified Congress pursuant to
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1990—Subsec. (a).
1978—Subsec. (b).
1974—Subsec. (a).
Subsec. (c).
1969—Subsec. (a).
1967—Subsec. (b).
1966—Subsec. (b).
1962—
Effective Date of 1990 Amendment
Section 10(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2361. Completion of plans and cost estimates
(a) Restriction on agreements or grants
No agreement or grant which constitutes an obligation of the United States Government in excess of $500,000 under
(1) if such agreement or grant requires substantive technical or financial planning, until engineering, financial, and other plans necessary to carry out such assistance, and a reasonably firm estimate of the cost to the United States Government of providing such assistance, have been completed; and
(2) if such agreement or grant requires legislative action within the recipient country, unless such legislative action may reasonably be anticipated to be completed in time to permit the orderly accomplishment of the purposes of such agreement or grant.
(b) Plans for water or related land resource construction projects; computation of benefits and costs
Plans required under subsection (a) of this section for any water or related land resource construction project or program shall include a computation of benefits and costs made insofar as practicable in accordance with the principles, standards, and procedures established pursuant to the Water Resources Planning Act (
(c) Contracts for construction outside United States; competitive basis
To the maximum extent practicable, all contracts for construction outside the United States made in connection with any agreement or grant subject to subsection (a) of this section shall be made on a competitive basis.
(d) Engineering, financial, and other plans
Subsection (a) of this section shall not apply to any assistance furnished for the sole purpose of preparation of engineering, financial, and other plans.
(e) Certification of country capability to maintain and utilize projects as prerequisite to assistance for capital projects exceeding cost limitations
In addition to any other requirements of this section, no assistance authorized under part I of subchapter I of this chapter, subpart II of part II of subchapter I of this chapter, or part IV of subchapter II of this chapter shall be furnished with respect to any capital assistance project estimated to cost in excess of $1,000,000 until the head of the agency primarily responsible for administering subchapter I of this chapter has received and taken into consideration a certification from the principal officer of such agency in the country in which the project is located as to the capability of the country (both financial and human resources) to effectively maintain and utilize the project taking into account among other things the maintenance and utilization of projects in such country previously financed or assisted by the United States.
(
References in Text
The Water Resources Planning Act, referred to in subsec. (b), is
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Amendments
1985—Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
1978—Subsec. (a).
Subsec. (e).
1967—Subsec. (e).
1963—Subsec. (b).
1962—Subsec. (a).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§2362. Use of foreign currencies
(a) Currencies received in payment for nonmilitary assistance; foreign obligations
Except as otherwise provided in this chapter or other Acts, foreign currencies received either (1) as a result of the furnishing of nonmilitary assistance under the Mutual Security Act of 1954, as amended, or any Act repealed thereby, and unobligated on September 3, 1961, or (2) on or after September 4, 1961, as a result of the furnishing of nonmilitary assistance under the Mutual Security Act of 1954, as amended, or any Act repealed thereby, or (3) as a result of the furnishing of assistance under subchapter I of this chapter, which are in excess of amounts reserved under authority of
(b) United States operations abroad; excess foreign currencies
Any Act of the Congress making appropriations to carry out programs under this chapter or any other Act for United States operations abroad is hereby authorized to provide for the utilization of United States-owned excess foreign currencies to carry out any such operations authorized by law.
As used in this subsection, the term "excess foreign currencies" means foreign currencies or credits owned by or owed to the United States which are, under applicable agreements with the foreign country concerned, available for the use of the United States Government and are determined by the President to be excess to the normal requirements of departments and agencies of the United States for such currencies or credits and are not prohibited from use under this subsection by an agreement entered into with the foreign country concerned.
The President shall take all appropriate steps to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. Dollar funds made available pursuant to this chapter shall not be expended for goods and services when United States-owned foreign currencies are available for such purposes unless the administrative official approving the voucher certifies as to the reason for the use of dollars in each case.
(c) Voluntary family planning programs; limitation
In addition to funds otherwise available, excess foreign currencies, as defined in subsection (b) of this section, may be made available to friendly foreign governments and to private, nonprofit United States organizations to carry out voluntary family planning programs in countries which request such assistance. No such program shall be assisted unless the President has received assurances that in the administration of such program the recipient will take reasonable precautions to insure that no person receives any family planning assistance or supplies unless he desires such services. The excess foreign currencies made available under this subsection shall not, in any one year, exceed 5 per centum of the aggregate of all excess foreign currencies. As used in this subsection, the term "voluntary family planning program" includes, but is not limited to, demographic studies, medical and psychological research, personnel training, the construction and staffing of clinics and rural health centers, specialized training of doctors and paramedical personnel, the manufacture of medical supplies, and the dissemination of family planning information, medical assistance, and supplies to individuals who desire such assistance.
(d) Reciprocal release of dollar value equivalents
In furnishing assistance under this chapter to the government of any country in which the United States owns excess foreign currencies as defined in subsection (b) of this section, except those currencies generated under the Agricultural Trade Development and Assistance Act of 1954, as amended [
(
References in Text
This chapter, referred to in subsecs. (a), (b), and (d), was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in subsec. (a), is act Aug. 26, 1954, ch. 937,
The Agricultural Trade Development and Assistance Act of 1954, as amended, referred to in subsec. (d), is act July 10, 1954, ch. 469,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1969—Subsec. (d).
1966—Subsec. (c).
1965—Subsecs. (b), (c).
1964—Subsec. (b).
Subsec. (c).
1963—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Separate Accounts for Local Currencies and Cash Transfers
"(a)
"(A) require that local currencies be deposited in a separate account established by that government;
"(B) enter into an agreement with that government which sets forth—
"(i) the amount of the local currencies to be generated; and
"(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and
"(C) establish by agreement with that government the responsibilities of the Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account.
"(2)
"(A) to carry out chapters 1 or 10 of part I or
"(i) project and sector assistance activities; or
"(ii) debt and deficit financing; or
"(B) for the administrative requirements of the United States Government.
"(3)
"(4)
"(5)
"(b)
"(2)
"(3)
"(4)
Similar provisions were contained in the following prior appropriation acts:
Section Referred to in Other Sections
This section is referred to in
§2363. Accounting, valuation, reporting, and administration of foreign currencies
(a) Responsibility of Secretary of the Treasury; regulations
Under the direction of the President, the Secretary of the Treasury shall have responsibility for valuation and central accounting with respect to foreign credits (including currencies) owed to or owned by the United States. In order to carry out such responsibility the Secretary shall issue regulations binding upon all agencies of the Government.
(b) Establishment of exchange rates
The Secretary of the Treasury shall have sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by all agencies of the Government.
(c) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(d) Interest income on foreign currency proceeds; regulations; waiver; report to Congress
In cases where assistance is to be furnished to any recipient country in furtherance of the purposes of this chapter or any other Act on a basis which will result in the accrual of foreign currency proceeds to the United States, the Secretary of the Treasury shall issue regulations requiring that agreements, in respect of such assistance, include provisions for the receipt of interest income on the foreign currency proceeds deposited in authorized depositaries: Provided, That whenever the Secretary of State determines it not to be in the national interest to conclude arrangements for the receipt of interest income he may waive the requirement thereof: Provided further, That the Secretary of State, or his delegate, shall promptly make a complete report to the Congress on each such determination and the reasons therefor.
(
References in Text
This chapter, referred to in subsec. (d), was in the original "this Act", meaning
Amendments
1981—Subsec. (c).
1976—Subsec. (c).
1965—Subsec. (d).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2364. Special authorities
(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts
(1) The President may authorize the furnishing of assistance under this chapter without regard to any provision of this chapter, the Arms Export Control Act [
(2) The President may make sales, extend credit, and issue guaranties under the Arms Export Control Act [
(3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy justification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(4)(A) The authority of this subsection may not be used in any fiscal year to authorize—
(i) more than $750,000,000 in sales to be made under the Arms Export Control Act [
(ii) the use of more than $250,000,000 of funds made available for use under this chapter or the Arms Export Control Act; and
(iii) the use of more than $100,000,000 of foreign currencies accruing under this chapter or any other law.
(B) If the authority of this subsection is used both to authorize a sale under the Arms Export Control Act and to authorize funds to be used under the Arms Export Control Act or under this chapter with respect to the financing of that sale, then the use of the funds shall be counted against the limitation in subparagraph (A)(ii) and the portion, if any, of the sale which is not so financed shall be counted against the limitation in subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000 limitation provided in subparagraph (A)(ii) may be allocated to any one country in any fiscal year unless that country is a victim of active aggression, and not more than $500,000,000 of the aggregate limitation of $1,000,000,000 provided in subparagraphs (A)(i) and (A)(ii) may be allocated to any one country in any fiscal year.
(5) The authority of this section may not be used to waive the limitations on transfers contained in
(b) United States obligations in West Germany
Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of part IV of subchapter I of this chapter in order to meet the responsibilities or objectives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose.
(c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress
The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this chapter pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts. The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection prior to the use of such funds.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a)(1), (2), (4)(A), (B), is
References to Part IV of Subchapter I Deemed References to Part IV of Subchapter II
Part IV of subchapter I (§2241 et seq.) of this chapter has been repealed. References to part IV of subchapter I, or any sections thereof, are deemed references to part IV of subchapter II (§2346 et seq.) of this chapter, or to appropriate sections thereof. See section 202(b) of
Amendments
1993—Subsec. (a)(4)(C).
1989—Subsec. (c).
1985—Subsec. (a)(4).
1980—Subsec. (a).
1974—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
Subsec. (c).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2365. Contract authority
Provisions of this chapter authorizing the appropriation of funds shall be construed to authorize the granting in any appropriation Act of authority to enter into contracts, within the amounts so authorized to be appropriated, creating obligations in advance of appropriations.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2366. Availability of funds
Except as otherwise provided in this chapter, funds shall be available to carry out the provisions of this chapter as authorized and appropriated to the President each fiscal year.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Administration of Funds
§2367. Termination of assistance; availability of funds for winding up programs; participant training
Assistance under any provision of this chapter may, unless sooner terminated by the President, be terminated by concurrent resolution. Funds made available under this chapter shall remain available for a period not to exceed eight months from the date of termination of assistance under this chapter for the necessary expenses of winding up programs related thereto. In order to ensure the effectiveness of assistance under this chapter, such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated. Such expenses for orderly termination of programs under the Arms Export Control Act [
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Arms Export Control Act, referred to in text, is
Amendments
1999—
1980—
1973—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§§2368, 2369. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section 2368,
A prior section 618 of
Section 2369,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2370. Prohibitions against furnishing assistance
(a) Cuba; embargo on all trade
(1) No assistance shall be furnished under this chapter to the present government of Cuba. As an additional means of implementing and carrying into effect the policy of the preceding sentence, the President is authorized to establish and maintain a total embargo upon all trade between the United States and Cuba.
(2) Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this chapter to any government of Cuba, nor shall Cuba be entitled to receive any quota authorizing the importation of Cuban sugar into the United States or to receive any other benefit under any law of the United States, until the President determines that such government has taken appropriate steps according to international law standards to return to United States citizens, and to entities not less than 50 per centum beneficially owned by United States citizens, or to provide equitable compensation to such citizens and entities for property taken from such citizens and entities on or after January 1, 1959, by the Government of Cuba.
(b) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(c) Indebtedness of foreign country to United States citizen or person
No assistance shall be provided under this chapter to the government of any country which is indebted to any United States citizen or person for goods or services furnished or ordered where (i) such citizen or person has exhausted available legal remedies, which shall include arbitration, or (ii) the debt is not denied or contested by such government, or (iii) such indebtedness arises under an unconditional guaranty of payment given by such government, or any predecessor government, directly or indirectly, through any controlled entity: Provided, That the President does not find such action contrary to the national security.
(d) Productive enterprises competing with United States enterprise; conditions on assistance; import controls; waiver of restriction by President
No assistance shall be furnished on a loan basis under part I of subchapter I of this chapter for construction or operation of any productive enterprise in any country where such enterprise will compete with United States enterprise unless such country has agreed that it will establish appropriate procedures to prevent the exportation for use or consumption in the United States of more than twenty per centum of the annual production of such facility during the life of the loan. In case of failure to implement such agreement by the other contracting party, the President is authorized to establish necessary import controls to effectuate the agreement. The restrictions imposed by or pursuant to this subsection may be waived by the President where he determines that such waiver is in the national security interest.
(e) Nationalization, expropriation or seizure of property of United States citizens, or taxation or other exaction having same effect; failure to compensate or to provide relief from taxes, exactions, or conditions; report on full value of property by Foreign Claims Settlement Commission; act of state doctrine
(1) The President shall suspend assistance to the government of any country to which assistance is provided under this chapter or any other Act when the government of such country or any government agency or subdivision within such country on or after January 1, 1962—
(A) has nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or
(B) has taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or
(C) has imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned,
and such country, government agency, or government subdivision fails within a reasonable time (not more than six months after such action, or, in the event of a referral to the Foreign Claims Settlement Commission of the United States within such period as provided herein, not more than twenty days after the report of the Commission is received) to take appropriate steps, which may include arbitration, to discharge its obligations under international law toward such citizen or entity, including speedy compensation for such property in convertible foreign exchange, equivalent to the full value thereof, as required by international law, or fails to take steps designed to provide relief from such taxes, exactions, or conditions, as the case may be; and such suspension shall continue until the President is satisfied that appropriate steps are being taken, and provisions of this subsection shall not be waived with respect to any country unless the President determines and certifies that such a waiver is important to the national interests of the United States. Such certification shall be reported immediately to Congress.
Upon request of the President (within seventy days after such action referred to in subparagraphs (A), (B), or (C) of this paragraph, the Foreign Claims Settlement Commission of the United States (established pursuant to Reorganization Plan No. 1 of 1954,
(2) Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which a claim of title or other rights to property is asserted by any party including a foreign state (or a party claiming through such state) based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this subsection: Provided, That this subparagraph shall not be applicable (1) in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than 180 days duration issued in good faith prior to the time of the confiscation or other taking, or (2) in any case with respect to which the President determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the United States and a suggestion to this effect is filed on his behalf in that case with the court.
(f) Prohibition against assistance to Communist countries; conditions for waiver of restriction by President; enumeration of Communist countries; removal from application of provisions; preconditions
(1) No assistance shall be furnished under this chapter, (except
Democratic People's Republic of Korea,
People's Republic of China,
Republic of Cuba,
Socialist Republic of Vietnam,
Tibet,1
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the President may remove a country, for such period as the President determines, from the application of this subsection, and other provisions which reference this subsection, if the President determines and reports to the Congress that such action is important to the national interest of the United States. It is the sense of the Congress that when consideration is given to authorizing assistance to a country removed from the application of this subsection, one of the factors to be weighed, among others, is whether the country in question is giving evidence of fostering the establishment of a genuinely democratic system, with respect for internationally recognized human rights.
(g) Use of assistance funds to compensate owners for expropriated or nationalized property; waiver for land reform programs
Notwithstanding any other provision of law, no monetary assistance shall be made available under this chapter to any government or political subdivision or agency of such government which will be used to compensate owners for expropriated or nationalized property and, upon finding by the President that such assistance has been used by any government for such purpose, no further assistance under this chapter shall be furnished to such government until appropriate reimbursement is made to the United States for sums so diverted. This prohibition shall not apply to monetary assistance made available for use by a government (or a political subdivision or agency of a government) to compensate nationals of that country in accordance with a land reform program, if the President determines that monetary assistance for such land reform program will further the national interests of the United States.
(h) Regulations and procedures to insure aid is not used contrary to the best interests of the United States
The President shall adopt regulations and establish procedures to insure that United States foreign aid is not used in a manner which, contrary to the best interests of the United States, promotes or assists the foreign aid projects or activities of any country that is a Communist country for purposes of subsection (f) of this section.
(i) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(j) Damage or destruction by mob action of United States property; termination of assistance
The President shall consider terminating assistance under this chapter or any other Act to any country which permits, or fails to take adequate measures to prevent, the damage or destruction by mob action of United States property within such country, and fails to take appropriate measures to prevent a recurrence thereof and to provide adequate compensation for such damage or destruction.
(k) Maximum amount of assistance, including military assistance to individual countries without approval of or presentation to Congress
Without the express approval of Congress, no assistance shall be furnished under this chapter to any country for construction of any productive enterprise with respect to which the aggregate value of assistance to be furnished by the United States will exceed $100,000,000, except that this sentence does not apply with respect to assistance for construction of any productive enterprise in Egypt which is described in the presentation materials to Congress. Except as otherwise provided in
(l) Institution of investment guaranty program
The President shall consider denying assistance under this chapter to the government of any less developed country which, after December 31, 1966, has failed to enter into an agreement with the President to institute the investment guaranty program under
(m) Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(n) Repealed. Pub. L. 95–88, title I, §123(b), Aug. 3, 1977, 91 Stat. 541
(o) Exclusion from assistance of countries seizing or imposing penalties or sanctions against United States fishing vessels
In determining whether or not to furnish assistance under this chapter, consideration shall be given to excluding from such assistance any country which hereafter seizes, or imposes any penalty or sanction against, any United States fishing vessel on account of its fishing activities in international waters. The provisions of this subsection shall not be applicable in any case governed by international agreement to which the United States is a party.
(p) Repealed. Pub. L. 93–559, §44, Dec. 30, 1974, 88 Stat. 1813
(q) Defaults in principal or interest payments on loans; meeting obligations under loans; notice to Congressional committees
No assistance shall be furnished under this chapter to any country which is in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this chapter, unless such country meets its obligations under the loan or unless the President determines that assistance to such country is in the national interest and notifies the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of such determination.
(r) Liability for repayment of principal or interest on loans outstanding after September 19, 1966
No recipient of a loan made under the authority of this chapter, any part of which is outstanding on or after September 19, 1966, shall be relieved of liability for the repayment of any part of the principal of or interest on such loan.
(s) Restraint of arms races and proliferation of sophisticated weapons
(1) In order to restrain arms races and proliferation of sophisticated weapons, and to ensure that resources intended for economic development are not diverted to military purposes, the President shall take into account before furnishing development loans, Alliance loans or supporting assistance to any country under this chapter, and before making sales under the Agricultural Trade Development and Assistance Act of 1954, as amended [
(A) the percentage of the recipient or purchasing country's budget which is devoted to military purposes; and
(B) the degree to which the recipient or purchasing country is using its foreign exchange or other resources to acquire military equipment.
(2) The President shall report annually to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate his actions in carrying out this provision.
(t) Diplomatic relations; severance, resumption, and negotiation of agreements
No assistance shall be furnished under this chapter or any other Act, and no sales shall be made under the Agricultural Trade Development and Assistance Act of 1954 [
(u) Status of country with respect to obligations to the United Nations; report to Congress
In any decision to provide or continue to provide any program of assistance to any country under this chapter, there shall be taken into account the status of the country with respect to its dues, assessments, and other obligations to the United Nations; and where such country is delinquent with respect to any such obligations for the purposes of the first sentence of Article 19 of the United Nations Charter, the President shall furnish the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives a report setting forth the assurance given by the government of the country concerned of paying all of its arrearages and of placing its payments of such obligations on a current basis, or a full explanation of the unusual or exceptional circumstances which render it economically incapable of giving such assurance.
(v) Repealed. Pub. L. 93–559, §24, Dec. 30, 1974, 88 Stat. 1802
(w) Repealed. Pub. L. 95–424, title V, §502(d)(1), Oct. 6, 1978, 92 Stat. 959
(x) Omitted
(y) Limitation on assistance to countries aiding Cuba nuclear development
(1) Except as provided in paragraph (2), the President shall withhold from amounts made available under this chapter or any other Act and allocated for a country for a fiscal year an amount equal to the aggregate value of nuclear fuel and related assistance and credits provided by that country, or any entity of that country, to Cuba during the preceding fiscal year.
(2) The requirement to withhold assistance for a country for a fiscal year under paragraph (1) shall not apply if Cuba—
(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in compliance with the requirements of either such Treaty;
(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and
(C) incorporates and is in compliance with internationally accepted nuclear safety standards.
(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of nuclear fuel and related assistance and credits provided by any country, or any entity of a country, to Cuba during the preceding year, including the terms of each transfer of such fuel, assistance, or credits.
(
Amendment of Section
References in Text
This chapter, referred to in subsecs. (a), (c), (e), (f)(1), (g), (j) to (l), (o), (q) to (t), (u), and (y), was in the original "this Act", except in subsec. (u), where it was "the Foreign Assistance Act of 1961", meaning
Reorganization Plan No. 1 of 1954,
The Agricultural Trade Development and Assistance Act of 1954, as amended, referred to in subsecs. (s)(1) and (t), is act July 10, 1954, ch. 469,
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Codification
Subsec. (x) was omitted pursuant to
Amendments
1998—Subsec. (y).
1994—Subsec. (f)(1).
1993—Subsec. (h).
1992—Subsec. (f)(1).
1985—Subsec. (f).
Subsec. (g).
1981—Subsec. (b).
Subsec. (f).
Subsec. (i).
Subsec. (k).
Subsec. (m).
Subsec. (s)(1).
1980—Subsec. (k).
1978—Subsec. (d).
Subsec. (l).
Subsec. (w).
1977—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (n).
Subsec. (x)(1).
1976—Subsec. (k).
Subsec. (x)(1).
1975—Subsec. (x).
1974—Subsec. (n).
Subsec. (p).
Subsec. (v).
Subsec. (x).
1973—Subsec. (e)(1).
1972—Subsecs. (v), (w).
1969—Subsec. (s).
Subsec. (v).
1968—Subsec. (v).
1967—Subsec. (j).
Subsec. (k).
Subsec. (n).
Subsecs. (s) to (u).
1966—Subsec. (i).
Subsec. (k).
Subsec. (l).
Subsec. (n).
Subsecs. (p) to (r).
1965—Subsec. (e)(2).
Subsec. (l).
Subsecs. (n), (o).
1964—Subsec. (e).
Subsec. (f).
Subsec. (k).
Subsec. (m).
1963—Subsec. (a).
Subsec. (e).
Subsecs. (i) to (m).
1962—Subsec. (a).
Subsec. (c).
Subsecs. (e) to (h).
Effective Date of 1998 Amendment
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1975 Amendment
Section 2(c)(5) of
Repeals
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Assistance and Sales to Argentina
Limitations on Assistance, Sales, Credits, and Export Licenses to Chile
Section 726(b), (c) of
"(b) Notwithstanding any other provision of law—
"(1) no assistance may be furnished under
"(2) no sale of defense articles or services may be made under the Arms Export Control Act [
"(3) no credits (including participation in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act [
"(4) no export licenses may be issued under section 38 of the Arms Export Control Act [
unless and until the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report certifying—
"(A) that the Government of Chile has made significant progress in complying with internationally recognized principles of human rights;
"(B) that the provision of such assistance, articles or services is in the national interest of the United States; and
"(C) that the Government of Chile is not aiding or abetting international terrorism and has taken appropriate steps to cooperate to bring to justice by all legal means available in the United States or Chile those indicted by a United States grand jury in connection with the murders of Orlando Letelier and Ronni Moffitt.
"(c) The prohibition contained in subsection (b) does not prohibit the sale, or the licensing for export, of cartridge actuated devices, propellant actuated devices, components, parts, tools, technical manuals, time compliance to technical orders (TCTOs), or TCTO retrofits for aircraft of the F–5E/F, A/T–37, or C–130E/H type owned by the Chilean Air Force, so long as the items are provided only for purposes of enhancing the safety of the aircraft crew."
Section 406 of
Section 25 of
Assistance for El Salvador
"(a)
"(b)
"(c)
"(A) after he has consulted with the Secretary General of the United Nations, the Government of El Salvador has declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict of El Salvador;
"(B) the Government of El Salvador has rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement;
"(C) the Government of El Salvador has rejected a plan for the settlement of the conflict which—
"(i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN;
"(ii) includes a proposal for an internationally monitored cease-fire; and
"(iii) has been accepted, within 15 days from its announcement, by the FMLN and is being complied with by the FMLN;
"(D) the Government of El Salvador has failed to conduct a thorough and professional investigation into, and prosecution of those responsible for the eight murders at the University of Central America on November 16, 1989; or
"(E) the military and security forces of El Salvador are assassinating or abducting civilian noncombatants, are engaging in other acts of violence directed at civilian targets, or are failing to control such activities by elements subject to the control of those forces; or
"(F) the Government of El Salvador has failed to actively seek and encourage a law enforcement service from outside El Salvador, such as Scotland Yard or INTERPOL, to accompany and monitor investigators of the Government of El Salvador in their investigation into the eight murders at the University of Central America on November 16, 1989.
"(2)
"(d)
"(2)
"(A) after he has consulted with the Secretary General of the United Nations, the representatives of the FMLN—
"(i) have declined to participate in good faith in negotiations for a permanent settlement and cease-fire to the armed conflict in El Salvador, or
"(ii) have rejected or otherwise failed to support an active role for the Secretary General of the United Nations in mediating that settlement;
"(B) the FMLN has rejected a plan for the settlement of the conflict which—
"(i) has been put forward by the Secretary General of the United Nations in accordance with the terms and procedures in the April 4, 1990 Geneva Communique and the May 21, 1990 Caracas Accord between the Government of El Salvador and the FMLN;
"(ii) includes a proposal for an internationally monitored cease-fire; and
"(iii) has been accepted, within 15 days from its announcement, by the Government of El Salvador and is being complied with by the Government of El Salvador;
"(C) the survival of the constitutional Government of El Salvador is being jeopardized by substantial and sustained offensive military actions or operations by the FMLN;
"(D) proof exists that the FMLN is continuing to acquire or receive significant shipments of lethal military assistance from outside El Salvador, and this proof has been shared with the Congress; or
"(E) the FMLN is assassinating or abducting civilian noncombatants, is engaging in other acts of violence directed at civilian targets, or is failing to control such activities by elements subject to FMLN control.
"(3)
"(e)
"(2)
"(f)
"(2)
"(3)
"(4)
"(g)
"(h)
"(2)
"(3)
"(i) [Repealed.
"(j)
"(1) the term 'United States assistance' has the same meaning as is given to such term by section 481(i)(4) of the Foreign Assistance Act of 1961 (
"(2) the term 'United States military assistance' means—
"(A) assistance to carry out
"(B) assistance to carry out section 23 of the Arms Export Control Act [
[For Presidential determination required by section 531(d) of
Section 728 of
Caribbean Development Bank; Assumption of Member Loans
Section 315 of
Soviet Military Personnel and Activities in Cuba; Reports to Congress
Section 714 of
Cuban Presence in Africa
"(1) the President authorized the exchange of notes of May 30, 1977, between the Governments of the United States and Cuba which established an Interests Section for the United States in the Embassy of Switzerland in Havana and an Interests Section for Cuba in the Embassy of Czechoslovakia in Washington;
"(2) the President has the authority under the Export Administration Act of 1969 [section 2401 et seq. of the Appendix to Title 50, War and National Defense] to limit trade with Cuba being conducted by subsidiaries of American firms operating in third countries;
"(3) the President has the power to sever all diplomatic and economic relations with Cuba; and
"(4) there has been a sharp increase in the number of Cuban military personnel serving in Africa in the past year."
Resumption of Military Assistance to Turkey; Determination and Certification to Congress by President of Military Cooperation as in Best Interests of United States and NATO
Determination and Certification Regarding Resumption of Full Military Cooperation With Turkey
Memorandum of the President of the United States, dated Sept. 26, 1978, provided:
Pursuant to the authority vested in me by Section 13(a) of the International Security Assistance Act of 1978, I hereby determine and certify:
(1) that the resumption of full military cooperation with Turkey is in the national interest of the United States and in the interest of the North Atlantic Treaty Organization; and
(2) that the Government of Turkey is acting in good faith to achieve a just and peaceful settlement of the Cyprus problem, the early peaceable return of refugees to their homes and properties, and continued removal of Turkish military troops from Cyprus in the context of a solution to the Cyprus problem, and the early serious resumption of inter-communal talks aimed at a just, negotiated settlement.
You are requested on my behalf to report this determination and certification to the Congress.
This determination and certification shall be published in the
Jimmy Carter.
Restrictions on Assistance During Fiscal Year 1978 Involving Military or Paramilitary Operations in Zaire
Section 25 of
Restrictions on Assistance to India
Section 27 of
Restrictions on Military Assistance and Excess Defense Articles to Korea
Section 26 of
Repayment of Loans in Default
Section 56 of
Restrictions on Assistance to Nations Whose Government Is Based Upon Communism
"(a) No assistance shall be furnished to any nation, whose government is based upon that theory of government known as communism under the Foreign Assistance Act of 1961, as amended [this chapter], for any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war, contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended [
"(b) No economic assistance shall be furnished to any nation whose government is based upon that theory of government known as communism under the Foreign Assistance Act of 1961, as amended [this chapter] except section 214(b) [
Similar provisions were contained in the following prior acts:
Restrictions on Assistance to Countries Selling, Furnishing, or Permitting Ships To Carry Certain Items to Cuba or to North Vietnam
"(a) No assistance shall be furnished under the Foreign Assistance Act of 1961, as amended [this chapter], to any country which sells, furnishes, or permits any ships under its registry to carry to Cuba, so long as it is governed by the Castro regime, in addition to those items contained on the list maintained by the Administrator pursuant to title I of the Mutual Defense Assistance Control Act of 1951, as amended [
"(b) No economic assistance shall be furnished under the Foreign Assistance Act of 1961, as amended [this chapter], to any country which sells, furnishes, or permits any ships under its registry to carry items of economic assistance to Cuba, so long as it is governed by the Castro regime, or to North Vietnam."
Similar provisions were contained in the following prior acts:
Restrictions on Assistance to Countries Selling, Furnishing or Permitting Ships To Carry Certain Items to North Vietnam
Similar provisions were contained in the following prior acts:
Interdiction of the Delivery of Offensive Weapons to Cuba
For Presidential proclamation prohibiting the delivery of offensive weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, set out as a note preceding section 1 of the Appendix to Title 50, War and National Defense.
Proc. No. 3447. Embargo on Trade With Cuba
Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided:
WHEREAS the Eighth Meeting of Consultation of Ministers of Foreign Affairs, Serving as Organ of Consultation in Application of the Inter-American Treaty of Reciprocal Assistance, in its Final Act resolved that the present Government of Cuba is incompatible with the principles and objectives of the Inter-American system; and, in light of the subversive offensive of Sino-Soviet Communism with which the Government of Cuba is publicly aligned, urged the member states to take those steps that they may consider appropriate for their individual and collective self-defense;
WHEREAS the Congress of the United States, in section 620(a) of the Foreign Assistance Act of 1961 (
WHEREAS the United States, in accordance with its international obligations, is prepared to take all necessary actions to promote national and hemispheric security by isolating the present Government of Cuba and thereby reducing the threat posed by its alignment with the communist powers:
NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under the authority of section 620(a) of the Foreign Assistance Act of 1961 (
1. Hereby proclaim an embargo upon trade between the United States and Cuba in accordance with paragraphs 2 and 3 of this proclamation.
2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time, February 7, 1962, the importation into the United States of all goods of Cuban origin and all goods imported from or through Cuba; and I hereby authorize and direct the Secretary of the Treasury to carry out such prohibition, to make such exceptions thereto, by license or otherwise, as he determines to be consistent with the effective operation of the embargo hereby proclaimed, and to promulgate such rules and regulations as may be necessary to perform such functions.
3. AND FURTHER, I do hereby direct the Secretary of Commerce, under the provisions of the Export Control Act of 1949, as amended (
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
DONE at the City of Washington this third day of February, in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-sixth.
[SEAL]
John F. Kennedy.
Cross References
Inter-American Development Bank increase in resources, loan disapproval by United States during suspension of assistance under subsec. (e)(1)(A) to (C) of this section, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should be a period.
§2370a. Expropriation of United States property
(a) Prohibition
None of the funds made available to carry out this Act, the Foreign Assistance Act of 1961 [
(1) has on or after January 1, 1956—
(A) nationalized or expropriated the property of any United States person,
(B) repudiated or nullified any contract with any United States person, or
(C) taken any other action (such as the imposition of discriminatory taxes or other exactions) which has the effect of seizing ownership or control of the property of any United States person, and
(2) has not, within the period specified in subsection (c) of this section, either—
(A) returned the property,
(B) provided adequate and effective compensation for such property in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, as required by international law,
(C) offered a domestic procedure providing prompt, adequate and effective compensation in accordance with international law, or
(D) submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes or other mutually agreeable binding international arbitration procedure.
(b) Other actions
The President shall instruct the United States Executive Directors of each multilateral development bank and international financial institution to vote against any loan or other utilization of the funds of such bank or institution for the benefit of any country to which assistance is prohibited under subsection (a) of this section, unless such assistance is directed specifically to programs which serve the basic human needs of the citizens of that country.
(c) Period for settlement of claims
The period of time described in subsection (a)(2) of this section is the latest of the following—
(1) 3 years after the date on which a claim was filed,
(2) in the case of a country that has a totalitarian or authoritarian government at the time of the action described in subsection (a)(1) of this section, 3 years after the date of installation of a democratically elected government, or
(3) 90 days after April 30, 1994.
(d) Excepted countries and territories
This section shall not apply to any country established by international mandate through the United Nations or to any territory recognized by the United States Government to be in dispute.
(e) Resumption of assistance
A prohibition or termination of assistance under subsection (a) of this section and an instruction to vote against loans under subsection (b) of this section shall cease to be effective when the President certifies in writing to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate that such government has taken one of the steps described in subsection (a)(2) of this section.
(f) Reporting requirement
Not later than 90 days after April 30, 1994, and at the beginning of each fiscal year thereafter, the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, a report containing the following:
(1) A list of every country in which the United States Government is aware that a United States person has an outstanding expropriation claim.
(2) The total number of such outstanding expropriation claims made by United States persons against each such country.
(3) The period of time in which each such claim has been outstanding.
(4) The status of each case and efforts made by the United States Government and the government of the country in which such claim has been made, to take one or more of the steps described in subsection (a)(2) of this section.
(5) Each project a United States Executive Director voted against as a result of the action described in subsection (b) of this section.
(g) Waiver
The President may waive the prohibitions in subsections (a) and (b) of this section for a country, on an annual basis, if the President determines and so notifies Congress that it is in the national interest to do so.
(h) "United States person" defined
For the purpose of this section, the term "United States person" means a United States citizen or corporation, partnership, or association at least 50 percent beneficially owned by United States citizens.
(
References in Text
This Act, referred to in subsec. (a), is
The Foreign Assistance Act of 1961, as amended, referred to in subsec. (a), is
The Arms Export Control Act, referred to in subsec. (a), is
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Delegation of Responsibilities Under Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, provided:
Memorandum for the Secretary of State
By the authority vested in me by the Constitution and laws of the United States of America, including
The functions under section 407(a) of the Act [
The functions under section 527(e) and (g) of the Act [
Any reference in this memorandum to any act, order, determination, or delegation of authority shall be deemed to be a reference to such act, order, determination, or delegation of authority as amended from time to time.
The functions delegated by this memorandum may be redelegated within the Department of State.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 4, 1995, 60 F.R. 3335, provided:
Memorandum for the Secretary of the Treasury
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
Any reference in this memorandum to any Act, order, determination, or delegation of authority shall be deemed to be a reference to such Act, order, determination, or delegation of authority as amended.
The functions delegated by this memorandum may be redelegated within the Department of the Treasury.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
1 So in original. Probably should be "in".
§2371. Prohibition on assistance to governments supporting international terrorism
(a) Prohibition
The United States shall not provide any assistance under this chapter, the Agricultural Trade Development and Assistance Act of 1954 [
(b) Publication of determinations
Each determination of the Secretary of State under subsection (a) of this section, including each determination in effect on December 12, 1989, shall be published in the Federal Register.
(c) Rescission
A determination made by the Secretary of State under subsection (a) of this section may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate—
(1) before the proposed rescission would take effect, a report certifying that—
(A) there has been a fundamental change in the leadership and policies of the government of the country concerned;
(B) that government is not supporting acts of international terrorism; and
(C) that government has provided assurances that it will not support acts of international terrorism in the future; or
(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—
(A) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and
(B) the government concerned has provided assurances that it will not support acts of international terrorism in the future.
(d) Waiver
Assistance prohibited by subsection (a) of this section may be provided to a country described in that subsection if—
(1) the President determines that national security interests or humanitarian reasons justify a waiver of subsection (a) of this section, except that humanitarian reasons may not be used to justify assistance under subchapter II of this chapter (including part IV, part VI, and part VIII), or the Export-Import Bank Act of 1945 [
(2) at least 15 days before the waiver takes effect, the President consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the proposed waiver and submits a report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate containing—
(A) the name of the recipient country;
(B) a description of the national security interests or humanitarian reasons which require the waiver;
(C) the type and amount of and the justification for the assistance to be provided pursuant to the waiver; and
(D) the period of time during which such waiver will be effective.
The waiver authority granted in this subsection may not be used to provide any assistance under this chapter which is also prohibited by
(
References in Text
This chapter, referred to in subsecs. (a) and (d), was in the original "this Act" and "the Foreign Assistance Act of 1961", respectively, meaning
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (a), is act July 10, 1954, ch. 469,
The Peace Corps Act, referred to in subsec. (a), is
The Export-Import Bank Act of 1945, referred to in subsecs. (a) and (d)(1), is act July 31, 1945, ch. 341,
Amendments
1989—
1985—Subsec. (a).
Subsec. (b).
Subsec. (c).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Self-Defense in Accordance With International Law
Section 10 of
Section Referred to in Other Sections
This section is referred to in
§2372. Repealed. Pub. L. 97–113, title VII, §725(a), Dec. 29, 1981, 95 Stat. 1553
Section,
§2372a. Renewal, reissuance, etc., of export licenses to or for Argentina
Any export license referred to in section 2372 1 of this title which is issued initially on or before September 30, 1978 may from time to time thereafter be renewed, reissued or modified (or in the event of lapse of such license, replacement licenses may be issued), provided that any such renewal, reissuance or modification (or any such replacement license) does not change significantly any such license as initially issued.
(
References in Text
Codification
Section was enacted as part of the Supplemental Appropriations Act, 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
1 See References in Text note below.
§2373. Eastern Mediterranean policy requirements
(a) Congressional declaration and statement of findings
The Congress declares that the achievement of a just and lasting Cyprus settlement is and will remain a central objective of United States foreign policy. The Congress further declares that any action of the United States with respect to section 2370(x) 1 of this title shall not signify a lessening of the United States commitment to a just solution to the conflict on Cyprus but is authorized in the expectation that this action will be conducive to achievement of a Cyprus solution and a general improvement in relations among Greece, Turkey, and Cyprus and between those countries and the United States. The Congress finds that—
(1) a just settlement on Cyprus must involve the establishment of a free and independent government on Cyprus and must guarantee that the human rights of all of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the withdrawal of Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to in Nicosia in February 1977 and the United Nations resolutions regarding Cyprus provide a sound basis for negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations auspices, will be necessary to achieve agreement on, and implementation of, constitutional and territorial terms within such guidelines; and
(5) the recent proposals by both Cypriot communities regarding the return of the refugees to the city of New Famagusta (Varosha) constitute a positive step and the United States should actively support the efforts of the Secretary General of the United Nations with respect to this issue.
(b) Governing principles
United States policy regarding Cyprus, Greece, and Turkey shall be directed toward the restoration of a stable and peaceful atmosphere in the Eastern Mediterranean region and shall therefore be governed by the following principles:
(1) The United States shall actively support the resolution of differences through negotiations and internationally established peaceful procedures, shall encourage all parties to avoid provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force.
(2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus.
(3) All defense articles furnished by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this chapter, the Arms Export Control Act [
(4) The United States will furnish security assistance for Greece and Turkey only when furnishing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations.
(5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached.
(6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem.
(c) Review of policy; report to Congress
Because progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean, the President and the Congress shall continually review that progress and shall determine United States policy in the region accordingly. To facilitate such a review the President shall, within 60 days after the date of enactment of this section and at the end of each succeeding 60-day period, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on progress made toward the conclusion of a negotiated solution of the Cyprus problem. Such transmissions shall include any relevant reports prepared by the Secretary General of the United Nations for the Security Council.
(d) Certification by President to Congress of assistance to Greece and Turkey
In order to ensure that United States assistance is furnished consistent with the policies established in this section, the President shall, whenever requesting any funds for security assistance under this chapter or the Arms Export Control Act [
(e) Arms sales agreements to prohibit transfer to Cyprus
(1) Any agreement for the sale or provision of any article on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act [
(2) The President shall report to Congress any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection.
(
References in Text
This chapter, referred to in subsecs. (b)(3) and (d), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsecs. (b)(3) and (d), is
Prior Provisions
Provisions similar to those in subsec. (e) of this section were contained in the following appropriation acts:
Amendments
1987—Subsec. (e).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Special Ambassadorial Commission for Cyprus and the Aegean
Section 101(e) [title V, §586] of
"(a)
"(1) the inability to achieve a just and lasting Cyprus settlement will continue to affect relations among the United States and its close NATO allies, Greece and Turkey, to the detriment of larger, mutually shared, security interests in the Eastern Mediterranean region;
"(2) it is of paramount importance that Cyprus, Greece, and Turkey resolve their differences through negotiations and otherwise peaceful procedures, and that the United States should support the resolution of these differences through all the diplomatic means at its disposal;
"(3) it is in the national interest of the United States that the President make a significant new diplomatic demarche towards bringing this dispute to a resolution; and
"(4) it is also in the national interest of the United States to undertake a diplomatic initiative to promote the peaceful and equitable resolution of differences between Greece and Turkey in the Aegean by fostering a renewed and sustained bilateral dialogue between those countries on such issues as: the delineation of the continental shelf, the definition of the territorial seas, air traffic control over the Aegean, NATO command and control arrangements in the Aegean, and the status of Lemnos and NATO exercises in the Aegean.
"(b)
"(c)
"(d)
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2374. Prohibition on assistance to Afghanistan
(a) Prohibition; conditions for resumption of assistance
None of the funds authorized to be appropriated under this chapter may be used to furnish assistance to Afghanistan nor may funds authorized to be appropriated under this chapter before October 1, 1979, be expended for assistance to Afghanistan until the President certifies to the Congress that—
(1) the Government of Afghanistan has apologized officially and assumes responsibility for the death of Ambassador Adolph Dubs; and
(2) the Government of Afghanistan agrees to provide adequate protection for all personnel of the United States Government in Afghanistan.
(b) Substantially changed circumstances
The provisions of subsection (a) of this section shall not apply if the President determines that such assistance is in the national interest of the United States because of substantially changed circumstances in Afghanistan.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Effective Date
Section effective Oct. 1, 1979, see section 512(a) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Humanitarian Assistance
"(a)
"(b)
"(c)
Assistance to and Trade With Afghanistan
Determination of President of the United States, No. 93–3, Oct. 7, 1992, 57 F.R. 47557, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by section 620D(b) of the Foreign Assistance Act of 1961, as amended (
By virtue of the authority vested in me by section 2(b)(2)(C) of the Export-Import Bank Act of 1945, as amended (
In accordance with section 118(c)(1) of
Attached to this determination is a Statement of Justification for these actions, setting forth, among other things, a description of U.S. national interests in resuming assistance and normal trade ties with Afghanistan. [Text of Statement of Justification appears at 57 F.R. 47557.]
You are authorized and directed to report these actions to the Congress and to publish this memorandum in the Federal Register.
George Bush.
§2375. Assistance to Pakistan
(a) Congressional policy, findings, and goals
The Congress recognizes that Soviet forces occupying Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic development. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices.
(b) Reaffirmation of 1959 bilateral agreement
The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a Communist or Communist-dominated state.
(c) Availability; defensive aspects of assistance
Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes.
(d) Waiver of limitations respecting nuclear transfers
The President may waive the prohibitions of
(e) Nuclear non-proliferation conditions on military assistance; exception
(1) No military assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this chapter or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which military assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States military assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.
(2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:
(A) International narcotics control (including part VIII of subchapter I of this chapter) or any provision of law available for providing assistance for counternarcotics purposes.
(B) Facilitating military-to-military contact, training (including part V of subchapter II of this chapter) and humanitarian and civic assistance projects.
(C) Peacekeeping and other multilateral operations (including part VI of subchapter II of this chapter relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided.
(D) Antiterrorism assistance (including part VIII of subchapter II of this chapter relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes.
(3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F–16 aircraft to Pakistan.
(4) Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F–16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.
(f) Storage costs
The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) of this section and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact.
(g) Inapplicability of restrictions to previously owned items
Subsection (e) of this section does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000.
(h) Ballistic missile sanctions not affected
Nothing contained herein shall affect sanctions for transfers of missile equipment or technology required under
(
References in Text
For effective date of part B of the Nuclear Proliferation Prevention Act of 1994, referred to in subsec. (d), as the date 60 days after Apr. 30, 1994, see section 831 of
This chapter, referred to in subsec. (e), was in the original "this Act", meaning
Codification
Amendment by
Amendments
1996—Subsec. (e).
Subsecs. (f) to (h).
1994—Subsec. (d).
1993—Subsec. (d).
1992—Subsec. (d).
1991—Subsec. (d).
1990—Subsec. (d).
1989—Subsec. (d).
1987—Subsec. (d).
1985—Subsec. (e).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Nuclear Non-Proliferation Conditions on Assistance for Pakistan
Determination of the President of the United States, No. 90–15, Mar. 28, 1990, 55 F.R. 17417, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and laws of the United States of America, including section 620E(d) of the Foreign Assistance Act of 1961, as amended ("the Act") (
You are authorized and directed to transmit this determination, together with the statement setting forth specific reasons therefor, to the Congress immediately.
This determination shall be published in the Federal Register.
George Bush.
Prior determinations and certifications were contained in the following:
Determination of the President of the United States, No. 90–1, Oct. 5, 1989, 54 F.R. 43797.
Determination of the President of the United States, No. 89–7, Nov. 18, 1988, 53 F.R. 49111.
Determination of the President of the United States, No. 88–5, Jan. 15, 1988, 53 F.R. 3325.
Determination of the President of the United States, No. 88–4, Dec. 17, 1987, 53 F.R. 773.
Determination of the President of the United States, No. 87–3, Oct. 27, 1986, 51 F.R. 40301.
Determination of the President of the United States, No. 86–03, Nov. 25, 1985, 50 F.R. 50273.
Waiver of Sanctions
Sanctions contained in subsec. (e) waived in certain regards by Determination of President of the United States, No. 00–4, Oct. 27, 1999, 64 F.R. 60649, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2376. Nuclear non-proliferation policy in South Asia
(a) Findings
The Congress finds that—
(1) the proliferation of weapons of mass destruction remains one of the most serious threats to international peace and stability;
(2) South Asia, in particular, is an area where the threat of a regional nuclear exchange remains high due to continued Indo-Pakistani tensions over issues such as Kashmir;
(3) to date, United States efforts to halt proliferation in South Asia have failed;
(4) although global disarmament is a desirable goal which should be vigorously pursued, both regional and sub-regional security arrangements can serve to decrease tensions and promote non-proliferation in certain areas;
(5) thus far, there has been some success on a regional basis, such as the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America;
(6) in particular, in Latin America, the Treaty of Tlatelolco has been signed by all the nuclear powers;
(7) a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty;
(8) in 1991, a proposal was made for a regional conference on non-proliferation in South Asia which would include Pakistan, India, the People's Republic of China, the Soviet Union, and the United States; and
(9) thus far, Pakistan, China, Russia, and the United States have expressed interest in attending such a conference, whereas India has refused to attend.
(b) Policy
It is the sense of the Congress that the President should pursue a policy which seeks a regional negotiated solution to the issue of nuclear non-proliferation in South Asia at the earliest possible time, including a protocol to be signed by all nuclear weapons states, prohibiting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Proliferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nuclear issues, such as the agreement reached by Pakistan and India not to attack one another's nuclear facilities.
(c) Report on progress toward regional non-proliferation
Not later than April 1 of each year, the President shall submit a report to the Committees on Appropriations, the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate, on nuclear proliferation in South Asia, including efforts taken by the United States to achieve a regional agreement on nuclear non-proliferation, and including a comprehensive list of the obstacles to concluding such a regional agreement.
(
Amendments
1998—Subsec. (c).
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Delegation of Authority With Respect to Reports to Congress Concerning Progress Toward Nonproliferation in South Asia
Memorandum of President of the United States, Mar. 30, 1994, 59 F.R. 17229, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws of the United States, including
Any report prepared pursuant to this delegation of authority shall be coordinated with other agencies, as appropriate, and the Assistant to the President for National Security Affairs, before submission to the Congress.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§2377. Prohibition on assistance to countries that aid terrorist states
(a) Withholding of assistance
The President shall withhold assistance under this chapter to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under
(b) Waiver
Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) of this section if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including—
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be provided;
(3) the estimated dollar amount of the assistance; and
(4) an explanation of how the assistance furthers United States national interests.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Codification
Another section 620G of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Congressional Findings
Section 324 of
"(1) international terrorism is among the most serious transnational threats faced by the United States and its allies, far eclipsing the dangers posed by population growth or pollution;
"(2) the President should continue to make efforts to counter international terrorism a national security priority;
"(3) because the United Nations has been an inadequate forum for the discussion of cooperative, multilateral responses to the threat of international terrorism, the President should undertake immediate efforts to develop effective multilateral responses to international terrorism as a complement to national counter terrorist efforts;
"(4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens;
"(5) the Congress deplores decisions to ease, evade, or end international sanctions on state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to and from Libya despite Libya's noncompliance with United Nations resolutions; and
"(6) the President should continue to undertake efforts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should oppose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism."
"Assistance" Defined
Assistance defined for purposes of title III of
§2378. Prohibition on assistance to countries that provide military equipment to terrorist states
(a) Prohibition
(1) In general
The President shall withhold assistance under this chapter to the government of any country that provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of
(2) Applicability
The prohibition under this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after April 24, 1996.
(b) Waiver
Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) of this section if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including—
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be provided;
(3) the estimated dollar amount of the assistance; and
(4) an explanation of how the assistance furthers United States national interests.
(
References in Text
This chapter, referred to in subsec. (a)(1), was in the original "this Act", meaning
Codification
April 24, 1966, referred to in subsec. (a)(2), was in the original "the date of enactment of this Act", which was translated as meaning the date of enactment of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
"Assistance" Defined
Assistance defined for purposes of title III of
§2378–1. Prohibition on assistance to countries that restrict United States humanitarian assistance
(a) In general
No assistance shall be furnished under this chapter or the Arms Export Control Act [
(b) Exception
Assistance may be furnished without regard to the restriction in subsection (a) of this section if the President determines that to do so is in the national security interest of the United States.
(c) Notice
Prior to making any determination under subsection (b) of this section, the President shall notify the Committee on International Relations, the Committee on Foreign Relations, and the Committees on Appropriations of the Senate and House of Representatives of his intention to make such a determination, the effective date of the determination, and the reasons for making the determination.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2378a. Depleted uranium ammunition
(a) Prohibition
Except as provided in subsection (b) of this section, none of the funds made available to carry out this chapter or any other Act may be made available to facilitate in any way the sale of M–833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than—
(1) a country that is a member of the North Atlantic Treaty Organization;
(2) a country that has been designated as a major non-NATO ally (as defined in
(3) Taiwan.
(b) Exception
The prohibition contained in subsection (a) of this section shall not apply with respect to the use of funds to facilitate the sale of antitank shells to a country if the President determines that to do so is in the national security interest of the United States.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Codification
Another section 620G of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Part II—Administrative Provisions
§2381. Exercise of functions
(a) Delegation by President; rules and regulations; utilization of goods and services from private enterprise, and facilities and resources of Federal agencies when not competitive with private enterprise
The President may exercise any functions conferred upon him by this chapter through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions, and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this chapter, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with private enterprise, and can be made available without interfering unduly with domestic programs.
(b) Eligibility of suppliers; debarment period; causes for debarment; conditions for reinstatement; periodic review
The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this chapter. A person may be suspended under such regulations for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings, upon cause for belief that such person or an affiliate thereof probably has undertaken conduct which constitutes a cause for debarment; and, after an opportunity has been afforded to such person for a hearing, he may be debarred for an additional period, not to exceed three years. Among the causes for debarment shall be (1) offering or accepting a bribe or other illegal payment or credit in connection with any transaction financed with funds made available under this chapter; or (2) committing a fraud in the procurement or performance of any contract financed with funds made available under this chapter; or (3) acting in any other manner which shows a lack of integrity or honesty in connection with any transaction financed with funds made available under this chapter. Reinstatement of eligibility in each particular case shall be subject to such conditions as the President shall direct. Each person whose eligibility is denied or suspended under this subsection shall, upon request, be entitled to a review of his eligibility not less often than once every two years.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1968—
1963—
1962—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out below.
AID Office of Security
"(a)
"(b)
"(c)
Agency for International Development Budget Submission
REORGANIZATION PLAN NO. 2 OF 1979
Reorganization Plan No. 2 of 1979, 44 F.R. 41165,
Executive Order No. 10973
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, which related to the administration of foreign assistance and related functions, was revoked by Ex. Ord. No. 12163, §1–903(a)(1), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out below.
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was superseded insofar as any provision therein was in conflict with any provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, set out as a note under
Ex. Ord. No. 12163. Administration of Foreign Assistance and Related Functions
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended by Ex. Ord. No. 12226, July 22, 1980, 45 F.R. 49235; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 12321, Sept. 14, 1981, 46 F.R. 46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R. 22933; Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025; Ex. Ord. No. 12458, Jan. 14, 1984, 49 F.R. 1977; Ex. Ord. No. 12500, Jan. 24, 1985, 50 F.R. 3733; Ex. Ord. No. 12560, May 24, 1986, 51 F.R. 19159; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12620, Dec. 24, 1987, 52 F.R. 49135; Ex. Ord. No. 12639, May 6, 1988, 53 F.R. 16691; Ex. Ord. No. 12680, July 5, 1989, 54 F.R. 28995; Ex. Ord. No. 12695, Nov. 1, 1989, 54 F.R. 46589; Ex. Ord. No. 12738, §§1–6, Dec. 14, 1990, 55 F.R. 52033; Ex. Ord. No. 13030, §1, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091, §2, June 29, 1998, 63 F.R. 36153;
By virtue of the authority vested in me by the Foreign Assistance Act of 1961 [this chapter], Reorganization Plan No. 2 of 1979 [set out above], the International Development Cooperation Act of 1979 [see Short Title of 1979 Amendment note set out under
1–1. Department of State
1–100. Delegation of Functions. (a) Exclusive of the functions otherwise delegated, or reserved to the President, by this order, Executive Order 12884 [
(1) the Foreign Assistance Act of 1961 (
(i) except that with respect to section 505(a) of the Act [
(ii) except that with respect to section 505(b) of the Act, such functions only insofar as those functions pertain to countries that agree to the conditions set forth therein;
(2) section 1205(b) of the International Security and Development Cooperation Act of 1985 ("ISDCA of 1985") [
(3) section 8(d) of the Act of January 12, 1971 (
(4) section 607 of the International Security Assistance and Arms Export Control Act of 1976 (
(5)
(6) the third proviso under the heading "Development Assistance" contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in
(7) section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (
(8) sections 508, 517 [
(9) section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in
(10) section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in
(11) section 591 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (
(12) section 821(b) of the Western Hemisphere Drug Elimination Act (as contained in
(b) The functions under section 653 of the Act [
(c) The functions under sections 239(f), 620(e), 620(g), 620(j), 620(q), and 620(s) of the Act [
(d) The Secretary shall perform all public information functions abroad with respect to the foreign assistance, aid, and development programs of the United States Government, to the extent such functions are not specifically assigned by statute to be performed by a different officer.
(e) The Secretary may redelegate to any other officer or agency of the Executive branch functions delegated to the Secretary by this order to the extent such delegation is not otherwise prohibited by law.
1–2. United States Agency for International Development
1–200. United States Agency for International Development.
(a) The United States Agency for International Development is an independent establishment within the Executive branch. Any reference in the Act to the agency primarily responsible for administering part I of the Act [
(b) The United States Agency for International Development shall be headed by an Administrator appointed pursuant to section 624(a) of the Act [
(c) The officers provided for in section 624(a) of the Act shall serve in the United States Agency for International Development.
(d) The Office of Small Business provided for in section 602(b) of the Act [
(e) To the extent practicable, the Administrator of the United States Agency for International Development will exercise functions relating to Foreign Service personnel in a manner that will assure maximum compatibility among agencies authorized by law to utilize the Foreign Service personnel system. To this end, the Administrator shall consult regularly with the Secretary of State.
1–3. Department of Defense
1–301. Delegation of Functions. Subject to the provisions of this order, there are hereby delegated to the Secretary of Defense:
(a) The functions conferred upon the President by Part II [
(b) To the extent that they relate to other functions under the Act [this chapter] administered by the Department of Defense, the functions conferred upon the President by sections 602(a), 605(a), 625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 634(B), 635(b) (except with respect to negotiation, conclusion, and termination of international agreements), 635(d), 635(g), and 636(i) of the Act [
(c) Those functions under section 634A of the Act [
(d) The functions under sections 627, 628, and 630(3) of the Act [
(e) the functions under section 655 of the Act [
(f) Those functions conferred upon the President under section 616 of the ISDCA of 1985 [
(g) The functions conferred upon the President under section 573 [
(h) The functions conferred upon the President under section 3 of the International Narcotics Control Act of 1989 (
1–302. Reports and Information. In carrying out the functions under section 514 of the Act [
1–4. Institute for Scientific and Technological Cooperation
[Revoked by Ex. Ord. No. 13118, §4, Mar. 31, 1999, 64 F.R. 16596]
1–5. Other Agencies
1–501. Department of the Treasury. (a) There are delegated to the Secretary of the Treasury the functions conferred upon the President by:
(1) section 305 [
(2) the second sentence of section 612(a) of the Act [
(3) section 502 of the Mutual Security Act of 1954 (
(4) section 655(c) of the Act [
(b) The Secretary of the Treasury shall continue to administer any open special foreign country accounts established pursuant to former section 514 of the Act as enacted by section 201(f) of
(c) The functions under section 305 of the Act [
1–502. Department of Commerce. There is hereby delegated to the Secretary of Commerce so much of the functions conferred upon the President by section 601(b)(1) of the Act [
1–503. Office of Personnel Management. There is hereby delegated to the Director of the Office of Personnel Management the function of prescribing regulations conferred upon the President by the proviso contained in section 625(b) of the Act [
[1–504. Revoked by Ex. Ord. No. 13118, §5(2), Mar. 31, 1999, 64 F.R. 16597.]
1–505. Trade and Development Agency. There is delegated to the Director of the Trade and Development Agency the functions conferred upon the President by section 661(d) of the Act [
[1–506. Revoked by Ex. Ord. No. 13118, §5(4), Mar. 31, 1999, 64 F.R. 16597.]
1–6. Additional Delegations and Limitations of Authority; Consultation
1–601. General Delegation of Functions. There are hereby delegated to the heads of agencies having responsibilities for carrying out the provisions of the Act [this chapter] all functions conferred upon the President by:
(a) section 654 [
(b) those provisions of acts appropriating funds under the authority of the Act [this chapter] that relate to the Act, or other acts authorizing such funds, insofar as they relate to the functions delegated by this order.
1–602. Personnel. (a) In carrying out the functions conferred upon the President by the provisions of section 625(d) of the Act [
(b) Persons appointed, employed, or assigned after May 19, 1959, under section 527(c) of the Mutual Security Act of 1954 [former
1–603. Special Missions and Staffs Abroad. The maintenance of special missions or staffs abroad, the fixing of the ranks of the chiefs thereof after the chiefs of the United States diplomatic missions, and the authorization of the same compensation and allowances authorized for a chief of mission as defined in section 102(a)(3) of the Foreign Service Act of 1980 (
1–604. International Agreements. The negotiation, conclusion, and termination of international agreements pursuant to the Act [this chapter] shall be subject to the requirements of
1–605. Interagency Consultation. Each officer to whom functions are delegated by this order, shall, in carrying out such functions, consult with the heads of other departments and agencies, including the Director of the Office of Management and Budget, on matters pertaining to the responsibilities of departments and agencies other than his or her own.
1–7. Reserved Functions
1–701. Reservation of Functions to the President. There are hereby excluded from the functions delegated by the foregoing provisions of this order:
(a) The functions conferred upon the President by sections 122(e), 298(a), 493, 504(b), 613(a), 614(a), 620(a), 620(d), 620(x), 620A, 620C(c), 621(a), 622(b), 622(c), 633(a), 633(b), 640B, and 663(b) of the Act [
(b) The functions conferred upon the President by the Act [this chapter] and section 408(b) of the Mutual Security Act of 1954 [
(c) The functions conferred upon the President with respect to determinations, certifications, directives, or transfers of funds, as the case may be, by sections 209(d), 303, 465(b), 490(h), 505(d)(2)(A), 505(d)(3), 506(a), 552(c), 552(e), 610, 614(c), 620E, 632(b), 633A, 663(a) of the Act [
[(d) Redesignated (c).]
(e) The following-described functions conferred upon the President:
(1) Those under section 503(a) [
(2) Those under section 505(b) [
(3) That under section 614(b) [
(4) That under the second sentence of section 654(c) [
(f) That under section 523(d) of the Mutual Security Act of 1954 (
(g) Those under sections 130 [
1–702. Subsequent Amendments. Functions conferred upon the President by subsequent amendments to the Act [this chapter] are delegated to the Secretary only insofar as they do not relate directly and necessarily to the conduct of programs and activities that either the President or an agency other than the Department of State is authorized to administer pursuant to express reservation or delegation of authorities in a statute or in this or another Executive order.
1–703. Office of Management and Budget. In this order the Director of the Office of Management and Budget shall retain all authorities related to the implementation of his budgetary and policy coordination functions, including the authority to:
(a) request and receive information from any agency that is subject to this delegation;
(b) carry out all responsibilities associated with implementing the Government Performance and Results Act [
(c) carry out all statutory budget and policy coordination responsibilities assigned to the Director of the Office of Management and Budget by statute or Executive order.
1–8. Funds
1–800. Allocation of Funds. Funds described below that are appropriated or otherwise made available to the President shall be deemed to be allocated without any further action of the President, as follows:
(a) Except as provided in subsections (b) and (c), there are allocated to the Secretary all funds made available for carrying out the Act, including any funds appropriated under the heading "Nonproliferation, Anti-Terrorism, Demining and Related Programs".
(b) There are allocated to the Secretary of Defense all funds made available for carrying out chapters 2 and 5 of Part II of the Act [
(c) There are allocated to the Secretary of the Treasury all funds made available for carrying out section 129 of the Act [
(d) The Secretary of State, the Secretary of Defense, and the Secretary of the Treasury may allocate or transfer as appropriate any funds received under subsections (a), (b), and (c) of this section, respectively, to any agency or part thereof for obligation or expenditure thereby consistent with applicable law.
1–9. General Provisions
1–901. Definition. As used in this order, the word "function" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.
1–902. References to Orders and Acts. Except as may for any reason be inappropriate:
(a) References in this order or in any other Executive order to (1) the Foreign Assistance Act of 1961 [this chapter] (including references herein to "the Act"), (2) unrepealed provisions of the Mutual Security Act of 1954 [act Aug. 26, 1954, ch. 937,
(b) References in any prior Executive order to the Mutual Security Act of 1954 [act Aug. 26, 1954, ch. 937,
(c) References in this order to provisions of any Act, and references in any other Executive order or in any memorandum delegation to provisions of any Act related to the subject of this order shall be deemed to include references to any provision of law that is the same or substantially the same as such provisions, respectively.
(d) References in this order or in any other Executive order to this order or to any provision thereof shall be deemed to include references thereto, respectively, as amended from time to time.
(e) References in any prior Executive order not superseded by this order to any provisions of any Executive order so superseded shall hereafter be deemed to be references to the corresponding provisions, if any, of this order.
1–903. Prior Executive Orders. (a) The following are revoked:
(1) Executive Order No. 10973 [
(2) section 2(a) of Executive Order No. 11579 [
(3) Executive Order No. 10893 [
(b) The following are amended:
(1) section 3(a) of Executive Order No. 11846 of March 27, 1975, as amended [
"(12) The Director of the United States International Development Cooperation Agency";
(2) section 1–202 of Executive Order 12065 of June 28, 1978 [
(3) section 2(a) of Executive Order No. 11958 of January 18, 1977 [
(4) section 3 of Executive Order 10900 of January 5, 1961 [
"(d) The Secretary of State may redelegate to the Director of the United States International Development Cooperation Agency, or to any other officer or agency of the Executive branch, functions delegated to such Secretary by this order.";
(5) section 4 of Executive Order 11223 of May 12, 1965 [
(6) the President's memorandum of October 18, 1961, entitled "Determination Under Section 604(a) of the Foreign Assistance Act of 1961" (26 FR 10543) is amended by inserting after "the Secretary of State" each time it appears in such memorandum the words "or the Director of the United States International Development Cooperation Agency (with respect to non-military programs administered by such Agency)".
[(c), (d) Revoked by Ex. Ord. No. 13118, §9, Mar. 31, 1999, 64 F.R. 16598.]
1–904. Saving Provisions. Except to the extent inconsistent with this order, all delegations of authority, determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, or entered into with respect to any function affected by this order and not revoked, superseded, or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by appropriate authority.
1–905. Effective Date. The provisions of this order shall become effective as of October 1, 1979.
[
Section Referred to in Other Sections
This section is referred to in
§2381a. Strengthened management practices
(a) Declaration of beliefs
The Congress believes that United States foreign aid funds could be utilized more effectively by the application of advanced management decisionmaking, information and analysis techniques such as systems analysis, automatic data processing, benefit-cost studies, and information retrieval.
(b) Management system; establishment; scope
To meet this need, the President shall establish a management system that includes: the definition of objectives and programs for United States foreign assistance; the development of quantitative indicators of progress toward these objectives; the orderly consideration of alternative means for accomplishing such objectives; and the adoption of methods for comparing actual results of programs and projects with those anticipated when they were undertaken. The system should provide information to the agency and to Congress that relates agency resources, expenditures, and budget projections to such objectives and results in order to assist in the evaluation of program performance, the review of budgetary requests, and the setting of program priorities.
(
Amendments
1978—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2382. Coordination with foreign policy
(a) Powers or functions of Secretary of State
Nothing contained in this chapter shall be construed to infringe upon the powers or functions of the Secretary of State.
(b) Coordination among representatives of United States
The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the diplomatic mission shall make sure that recommendations of such representatives pertaining to military assistance (including civic action) and military education and training programs are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires.
(c) Responsibility for supervision and general direction of assistance programs
Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1976—Subsec. (b).
Subsec. (c).
1968—Subsec. (b).
Subsec. (c).
1966—Subsec. (b).
Subsec. (c).
1965—Subsec. (b).
Subsec. (c).
Effective Date of 1968 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Ex. Ord. No. 10338. Coordination Procedures
Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided:
(1) Exercising general direction and leadership of the entire effort.
(2) Assuring that recommendations and prospective plans and actions of the United States representatives are effectively coordinated and are consistent with and in furtherance of the established policy of the United States.
(3) Assuring that the interpretations and application of instructions received by the United States representatives from higher authority are in accordance with the established policy of the United States.
(4) Guiding the United States representatives in working out measures to prevent duplication in their efforts and to promote the most effective and efficient use of all United States officers and employees having mutual security responsibilities.
(5) Keeping the United States representatives fully informed as to current and prospective United States policies.
(6) Prescribing procedures governing the coordination of the activities of the United States representatives, and assuring that these representatives shall have access to all available information essential to the accomplishment of their prescribed duties.
(7) Preparing and submitting such reports on the operation and status of the programs under the Act as may be directed by the Director for Mutual Security.
(b) Each Chief of United States Diplomatic Mission shall perform his functions under this order in accordance with instructions from higher authority and subject to established policies and programs of the United States.
(c) No Chief of United States Diplomatic Mission shall delegate any function conferred upon him by the provisions of this order which directly involves the exercise of direction, coordination, or authority.
(b) Subject to compliance with the provisions of this order and with the prescribed procedures of their respective agencies, all United States representatives affected by this order (1) shall have direct communication with their respective agencies and with such other parties and in such manner as may be authorized by their respective agencies, (2) shall keep the respective Chiefs of United States Diplomatic Missions and each other fully and currently informed on all matters, including prospective plans, recommendations, and actions, relating to programs under the Act, and (3) shall furnish to the respective Chiefs of United States Diplomatic Missions, upon their request, documents and information concerning the said programs.
(b) Nothing in this order shall affect Executive Orders Nos. 10062, 10063, and 10144 of June 6, 1949, June 13, 1949, and July 21, 1950, respectively.
(c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960, 10208, and 10259 of May 22, 1947, May 31, 1947, December 26, 1947, April 9, 1948, May 19, 1948, January 25, 1951, and June 27, 1951, respectively, are hereby revoked.
Executive Order No. 10893
Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended, which related to the administration of mutual security and related functions, was revoked by Ex. Ord. No. 12163, §1–903(a)(3), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note under
Executive Order No. 12066
Ex. Ord. No. 12066, June 29, 1978, 43 F.R. 28965, which related to the inspection of foreign assistance programs, was revoked by section 10(k) of Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2383. Responsibilities of the Secretary of Defense; priorities in procurement, delivery, and allocation of military equipment
(a) In the case of assistance under subchapter II of this chapter, the Secretary of Defense shall have primary responsibility for—
(1) the determination of military end-item requirements;
(2) the procurement of military equipment in a manner which permits its integration with service programs;
(3) the supervision of end-item use by the recipient countries;
(4) the supervision of the training of foreign military and related civilian personnel;
(5) the movement and delivery of military end-items; and
(6) within the Department of Defense, the performance of any other functions with respect to the furnishing of military assistance, education and training.
(b) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall be determined by the Secretary of Defense.
(
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Amendments
1976—Subsec. (a)(4).
Subsec. (a)(6).
§2384. Statutory officers
(a) Appointment
The President may appoint, by and with the advice and consent of the Senate, twelve officers in the agency primarily responsible for administering subchapter I of this chapter, and in the selection of one of such persons due consideration shall be given to persons qualified as professional engineers.
(b) Rate of compensation; title of officers; order of succession
Within the limitations established by subsection (a) of this section, the President may fix the rate of compensation, and may designate the title of, any officer appointed pursuant to the authority contained in that subsection. The President may also fix the order of succession among the officers provided for in subsection (a) of this section in the event of the absence, death, resignation, or disability of one or more of said officers.
(c) Appointment of certain statutory officers to comparable positions
Any person who was appointed by and with the advice and consent of the Senate, to any statutory position authorized by any provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of
(d) Repealed. Pub. L. 95–88, title I, §124(a)(1), Aug. 3, 1977, 91 Stat. 541
(e) Coordinator for security assistance
In addition to the officers otherwise provided for in this section, the President shall appoint, by and with the advice and consent of the Senate, one officer for the purpose of coordinating security assistance programs.
(
References in Text
Section 642(a), referred to in subsec. (c), means section 642(a) of
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1994—Subsec. (f).
1983—Subsec. (f)(2)(C).
1981—Subsec. (g).
1980—Subsec. (g).
1978—Subsec. (g).
1977—Subsec. (d).
Subsec. (f)(1).
Subsec. (f)(2).
1976—Subsec. (f).
1972—Subsec. (e).
1969—Subsec. (d)(2)(A).
Subsec. (d)(5), (7).
1967—Subsec. (d)(2)(B).
1966—Subsec. (d)(8).
1965—Subsec. (b).
Subsec. (d)(2)(A), (5), (7).
1964—Subsec. (a).
Subsec. (d)(1).
1963—Subsecs. (a)(2), (3).
Subsec. (b).
Subsec. (d)(1).
1962—Subsecs. (d), (e).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 124(c) of
Effective Date of 1964 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Assumption of Duties by Coordinator for Human Rights and Humanitarian Affairs
Section 109(a)(6) of
Report to Speaker of the House and Congressional Committees on Office of Assistant Secretary for Human Rights and Humanitarian Affairs
Section 109(a)(7) of
Assignment of Duties and Responsibilities to Inspector General, Foreign Service
Section 124(a)(2) of
Agency for International Development
For appointments under subsec. (a) to United States Agency for International Development, see section 1–200(b) and (c) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Cross References
Compensation of officers, see
Section Referred to in Other Sections
This section is referred to in
§2385. Employment of personnel
(a) Authorization
Any agency or officer of the United States Government carrying out functions under this chapter is authorized to employ such personnel as the President deems necessary to carry out the provisions and purposes of this chapter.
(b) Appointments excepted from civil-service laws; supergrade positions; reinstatement
Of the personnel employed in the United States to carry out subchapter I of this chapter or coordinate subchapter I and subchapter II of this chapter, not to exceed one hundred and ten may be appointed, compensated, or removed without regard to the provisions of any law, of whom not to exceed fifty-one may be compensated at rates higher than those provided for grade 15 of the general schedule established by
(c) Additional supergrade positions
Of the personnel employed in the United States to carry out subchapter II of this chapter, or any Act superseding subchapter II of this chapter in whole or in part, not to exceed eight may be compensated at rates higher than those provided for grade 15 of the general schedule established by
(d) Employment or assignment of officers and employees to perform functions outside United States
For the purpose of performing functions under this chapter outside the United States, the President may employ or assign individuals, or may authorize the employment or assignment of officers or employees by agencies of the United States Government which are not authorized to utilize the Foreign Service personnel system, who shall receive compensation at any of the rates provided for under section 402 or section 403 of the Foreign Service Act of 1980 [
(e) Repealed. Pub. L. 96–465, title II, §2205(8), Oct. 17, 1980, 94 Stat. 2160
(f) Funds for personnel services
Funds provided for in agreements with foreign countries for the furnishing of services under this chapter with respect to specific projects shall be deemed to be obligated for the services of personnel employed by agencies of the United States Government (other than the agencies primarily responsible for administering subchapter I or II of this chapter) as well as personnel not employed by the United States Government.
(g) Repealed. Pub. L. 96–465, title II, §2205(8), Oct. 17, 1980, 94 Stat. 2160
(h) Acceptance of compensation or other benefits from foreign countries; arrangements for reimbursement
Notwithstanding any other provision of law, officers and employees of the United States Government performing functions under this chapter shall not accept from any foreign country any compensation or other benefits. Arrangements may be made by the President with such countries for reimbursement to the United States Government or other sharing of the cost of performing such functions.
(i) Assignment based on competency
To the maximum extent practicable officers and employees performing functions under this chapter abroad shall be assigned to countries and positions for which they have special competence, such as appropriate language and practical experience.
(
References in Text
This chapter, referred to in subsecs. (a), (d), (f), (h), and (i), was in the original "this Act", meaning
The Foreign Service Act of 1980, referred to in subsec. (d), is
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1981—Subsec. (d).
1980—Subsec. (d).
Subsec. (e).
Subsec. (g).
Subsec. (j).
Subsec. (k).
1977—Subsec. (d)(2).
1973—Subsec. (k).
1968—Subsec. (c).
1967—Subsecs. (b), (c).
Subsec. (d)(2).
1965—Subsec. (d)(2).
1964—Subsec. (d)(2).
Subsec. (j).
1962—Subsec. (b).
Subsec. (c).
Subsec. (d)(2).
Subsec. (f).
Effective Date of 1980 Amendment
Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j) by
Repeal of subsec. (k) by
Effective Date of 1962 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Entitlement to Benefits for Services Performed Outside United States; Service Exceeding Thirty Months
Persons appointed, employed, or assigned after May 19, 1959, under former
Section Referred to in Other Sections
This section is referred to in
§2385a. Unified personnel system
(a) Establishment by regulations
Not later than May 1, 1979, the President shall submit to the Congress, and publish in the Federal Register, regulations establishing a unified personnel system for all employees of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 [
(b) Effective date of regulations
The regulations submitted to the Congress pursuant to subsection (a)—
(1) may not become effective until after the end of the 90-day period beginning on the date of such submission in order to provide the appropriate committees of the Congress an opportunity to review them; and
(2) shall not become effective then if, during such 90-day period, either House of Congress adopts a resolution stating in substance that it disapproves the personnel system proposed to be established by the regulations.
(c) Force and effect of regulations
Regulations which take effect pursuant to this section shall have the force and effect of law and shall apply with respect to the personnel of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 [
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (c), is
Codification
Section enacted as part of the International Development and Food Assistance Act of 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1979—Subsec. (a).
Effective Date of 1979 Amendment
Section 503(b) of
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "any".
§2386. Experts, consultants, and retired officers
(a) Employment; compensation; renewal of contracts of employment
Experts and consultants or organizations thereof may as authorized by
(b) Exemption from certain Federal laws
Service of an individual as an expert or consultant under subsection (a) of this section shall not be considered as employment or holding of office or position bringing such individual within the provisions of
(c) Employment without compensation of persons of outstanding experience and ability
Persons of outstanding experience and ability may be employed without compensation by any agency of the United States Government for the performance of functions under this chapter in accordance with the provisions of section 2160(b) of Appendix to title 50, and regulations issued thereunder.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
Amendments
1977—Subsec. (b).
1976—Subsec. (a).
1967—Subsec. (a).
Subsec. (b).
1965—Subsecs. (c), (d).
1964—Subsec. (a).
Subsec. (b).
Subsec. (c).
1963—Subsec. (b).
Effective Date of 1964 Amendment
Amendment by
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Section Referred to in Other Sections
This section is referred to in
§2387. Detail of personnel to foreign governments
Whenever the President determines it to be in furtherance of the purposes of this chapter, the head of any agency of the United States Government is authorized to detail or assign any officer or employee of his agency to any office or position with any foreign government or foreign government agency, where acceptance of such office or position does not involve the taking of an oath of allegiance to another government or the acceptance of compensation or other benefits from any foreign country by such officer or employee.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2388. Detail of personnel to international organizations
Whenever the President determines it to be consistent with and in furtherance of the purposes of this chapter, the head of any agency of the United States Government is authorized to detail, assign, or otherwise make available to any international organization any officer or employee of his agency to serve with, or as a member of, the international staff of such organization, or to render any technical, scientific, or professional advice or service to, or in cooperation with, such organization.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2389. Status and benefits of personnel assigned or detailed to foreign governments or international organizations
(a) Allowances, privileges, rights, seniority, and other benefits
Any officer or employee, while assigned or detailed under
(b) Representation allowances
Any officer or employee assigned, detailed, or appointed under section 2387, 2388, 2391, or 2384(d) 1 of this title is authorized to receive under such regulations as the President may prescribe, representation allowances similar to those allowed under
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1980—Subsec. (b).
1967—Subsec. (b).
1962—Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2390. Terms of detail or assignment of personnel
Details or assignments may be made under
(1) without reimbursement to the United States Government by the foreign government or international organization;
(2) upon agreement by the foreign government or international organization to reimburse the United States Government for compensation, travel expenses, benefits and allowances, or any part thereof, payable to the officer or employee concerned during the period of assignment or detail; and such reimbursements (including foreign currencies) shall be credited to the appropriation, fund, or account utilized for paying such compensation, travel expenses, benefits or allowances, or to the appropriation, fund, or account currently available for such purposes;
(3) upon an advance of funds, property, or services by the foreign government or international organization to the United States Government accepted with the approval of the President for specified uses in furtherance of the purposes of this chapter; and funds so advanced may be established as a separate fund in the Treasury of the United States Government, to be available for the specified uses, and to be used for reimbursement of appropriations or direct expenditure subject to the provisions of this chapter, any unexpended balance of such account to be returned to the foreign government or international organization; or
(4) subject to the receipt by the United States Government of a credit to be applied against the payment by the United States Government of its share of the expenses of the international organization to which the officer or employee is detailed or assigned, such credit to be based upon the compensation, travel expenses, benefits and allowances, or any part thereof, payable to such officer or employee during the period of detail or assignment in accordance with
(
References in Text
This chapter, referred to in par. (3), was in the original "this Act", meaning
Amendments
1965—
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2391. Missions and staffs abroad
(a) Authorization
The President may maintain special missions or staffs outside the United States in such countries and for such periods of time as may be necessary to carry out the purposes of this chapter. Each such special mission or staff shall be under the direction of a chief.
(b) Appointment of mission chief and deputy; compensation
The chief and his deputy of each special mission or staff carrying out the purposes of subchapter I of this chapter shall be appointed by the President, and may, notwithstanding any other law, be removed by the President at his discretion. Such chief shall be entitled to receive such compensation and allowances as are authorized by the Foreign Service Act of 1980 [
(c) Appointment of Chairman of Development Assistance Committee; compensation
The President may appoint any United States citizen who is not an employee of the United States Government or may assign any United States citizen who is a United States Government employee to serve as Chairman of the Development Assistance Committee or any successor committee thereto of the Organization for Economic Cooperation and Development upon election thereto by members of said Committee, and, in his discretion, may terminate such appointment or assignment, notwithstanding any other provision of law. Such person may receive such compensation and allowances as are authorized by the Foreign Service Act of 1980 [
(d) Administration of assistance
Wherever practicable, especially in the case of the smaller programs, assistance under subchapter I of this chapter shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal economic officer of the mission.
(
References in Text
This chapter, referred to in subsecs. (a) and (c), was in the original "this Act", meaning
The Foreign Service Act of 1980, referred to in subsecs. (b) and (c), is
Section 103(a)(3) of that Act, referred to in subsecs. (b) and (c), was redesignated section 103(3) pursuant to
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1980—Subsec. (b).
Subsec. (c).
1977—Subsec. (d).
1965—Subsec. (d).
1963—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Flag and General Officers
Approval of Secretary of State
The maintenance of special missions or staffs abroad, the fixing of ranks of chiefs thereof after the chiefs of United States diplomatic missions, and authorization of same compensation and allowances as chief of mission, as defined in
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2392. Government agencies
(a) Allocation and transfer of funds
The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this chapter, including any advance to the United States Government by any country or international organization for the procurement of commodities, defense articles, military education and training, or services (including defense services). Such funds shall be available for obligation and expenditure for the purposes for which authorized, in accordance with authority granted in this chapter or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.
(b) Utilization of services and facilities of other agencies
Any officer of the United States Government carrying out functions under this chapter may utilize the services (including defense services) and facilities of, or procure commodities, defense articles, or military education and training from, any agency of the United States Government as the President shall direct, or with the consent of the head of such agency, and funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.
(c) Reimbursement for commodities, services, and facilities
In the case of any commodity, service, or facility procured from any agency of the United States Government to carry out subchapter I of this chapter, reimbursement or payment shall be made to such agency from funds available to carry out such subchapter. Such reimbursement or payment shall be at replacement cost, or, if required by law, at actual cost, or, in the case of services procured from the Department of Defense to carry out part VIII of subchapter I of this chapter, the amount of the additional costs incurred by the Department of Defense in providing such services, or at any other price authorized by law and agreed to by the owning or disposing agency. The amount of any such reimbursement or payment shall be credited to current applicable appropriations, funds, or accounts, from which there may be procured replacements of similar commodities, services, or facilities, except that where such appropriations, funds, or accounts are not reimbursable except by reason of this subsection, and when the owning or disposing agency determines that such replacement is not necessary, any funds received in payment therefor shall be deposited into the Treasury as miscellaneous receipts.
(d) Reimbursement for military assistance
Except as otherwise provided in
(e) Establishment of accounts
In furnishing assistance under this chapter, accounts may be established on the books of any agency of the United States Government or, on terms and conditions approved by the Secretary of the Treasury, in banking institutions in the United States, (1) against which letters of commitment may be issued which shall constitute recordable obligations of the United States Government, and moneys due or to become due under such letters of commitment shall be assignable under the Assignment of Claims Act of 1940, as amended (second and third paragraphs of
(f) Credits made by Export-Import Bank of the United States
Credits made by the Export-Import Bank of the United States with funds allocated thereto under subsection (a) of this section or under section 1782(a) 1 of this title, shall not be considered in determining whether the Bank has outstanding at any one time loans and guaranties to the extent of the limitation imposed by
(g) Charge of expenses to appropriation or account
Any appropriation or account available to carry out provisions of subchapter I of this chapter may initially be charged in any fiscal year, within the limit of available funds, to finance expenses for which funds are available in other appropriations or accounts under subchapter I of this chapter: Provided, That as of the end of such fiscal year such expenses shall be finally charged to applicable appropriations or accounts with proper credit to the appropriations or accounts initially utilized for financing purposes: Provided further, That such final charge to applicable appropriations or accounts shall not be required in the case of expenses (other than those provided for under
(
References in Text
This chapter, referred to in subsecs. (a), (b), and (e), was in the original "this Act", meaning
The Assignment of Claims Act of 1940, as amended, referred to in subsec. (e), is act Oct. 9, 1940, ch. 779,
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1989—Subsec. (d).
1988—Subsec. (c).
1976—Subsec. (a).
Subsec. (b).
Subsec. (e).
1968—Subsec. (d).
1967—Subsec. (d).
Change of Name
"Export-Import Bank of Washington" changed to "Export-Import Bank of the United States" in text to conform to such change in name in the Export-Import Bank Act of 1945,
Effective Date of 1968 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Accounting Adjustments Between Appropriations
Charge of expenses to appropriation or account not affected by provisions for accounting adjustments between appropriations, see section 3 of
Cross References
Reimbursement for equipment, material, or services furnished members of the United Nations, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2393. Waiver of certain laws
(a) Contracts and expenditure of funds
Whenever the President determines it to be in furtherance of the purposes of this chapter, the functions authorized under this chapter may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951, as amended (
(b) Neutrality laws
The functions authorized under subchapter II of this chapter may be performed without regard to such provisions as the President may specify of subchapter II of
(c) Assignment of personnel
Notwithstanding the provisions of sections 3544(b) and 8544(b) 1 of title 10, personnel of the Department of Defense may be assigned or detailed to any civil office to carry out this chapter.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Renegotiation Act of 1951, as amended, referred to in subsec. (a), is act Mar. 23, 1951, ch. 15,
References to Subchapter II Deemed To Exclude Certain Parts of Subchapter II
References to subchapter II of this chapter are deemed to exclude parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II, and references to subchapter I of this chapter are deemed to include such parts. See section 202(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Executive Order No. 10784
Ex. Ord. No. 10784, Oct. 1, 1958, 23 F.R. 7691, as amended by Ex. Ord. No. 10845, Oct. 12, 1959, 24 F.R. 8317, which specified laws from which functions authorized by this chapter shall be exempt, was superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out below.
Executive Order No. 10845
Ex. Ord. No. 10845 of Oct. 12, 1959, setting out laws from which authorized functions were exempt, was superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out below.
Ex. Ord. No. 11223. Specification of Laws From Which Functions Authorized by This Chapter Shall Be Exempt
Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, as amended by Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12178, Dec. 10, 1979, 44 F.R. 71807; Ex. Ord. No. 13118, §10(10), Mar. 31, 1999, 64 F.R. 16599, provided:
By virtue of the authority vested in me by Section 633 of the Foreign Assistance Act of 1961, as amended,
(1) The Act of March 26, 1934,
(2) Section 3648 of the Revised Statutes, as amended,
(3) Section 305 of the Federal Property and Administrative Services Act of 1949,
(4) Section 3709 of the Revised Statutes, as amended (
(5) Section 3710 of the Revised Statutes (
(6) Section 2 of title III of the Act of March 3, 1933,
(7) Section 3735 of the Revised Statutes (
(8) Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951,
(9) Section 901(a) of the Merchant Marine Act, 1936,
(1) [Former]
(2)
(3) Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951,
(4) Section 1301 of the Second War Powers Act, 1942,
(5) Section 3(b) of the Act of August 28, 1958,
(1) Title IX of the Federal Property and Administration Services Act of 1949, as amended (
(2) Section 612 of the Military Construction Authorization Act, 1967, as amended (
(3) Section 719 of the Defense Production Act of 1950, as amended (
(4) Section 111 of the Federal Property and Administrative Services Act of 1949, as amended ([former] 40 U.S.C. 759).
Determination Under This Section Waiving Requirements With Respect to Close Out of Prior Year Appropriations Accounts
Determination of President of the United States, No. 91–21, Feb. 27, 1991, 56 F.R. 10771, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 633(a) of the Foreign Assistance Act of 1961, as amended (the "Act"),
This determination shall apply only to funds appropriated to carry out the provisions of the Act that were appropriated for fiscal year 1984 and for prior fiscal years, and shall suspend the application of the provisions of section 1405 of the National Defense Authorization Act for Fiscal Year 1991, and amendments contained therein, through September 30, 1992.
You are authorized and directed to publish this determination in the Federal Register.
George Bush.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§2393a. Requests by General Accounting Office and Congressional committees for documents and materials
None of the funds made available pursuant to the provisions of this chapter shall be used to carry out any provision of this chapter in any country or with respect to any project or activity, after the expiration of the thirty-five-day period which begins on the date the General Accounting Office or any committee of the Congress charged with considering legislation, appropriations or expenditures under this chapter, has delivered to the office of the head of any agency carrying out such provision, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in its custody or control relating to the administration of such provision in such country or with respect to such project or activity, unless and until there has been furnished to the General Accounting Office, or to such committee, as the case may be, (1) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested, or (2) a certification by the President that he has forbidden the furnishing thereof pursuant to request and his reason for so doing.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
This section was formerly classified to subsec. (c) of
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2394. Reports and information; definitions
(a) Annual report to Congress on programs having impact on developing countries; contents
In order that the Congress and the American people may be better and more currently informed regarding American foreign policy and the effectiveness of assistance provided by the United States Government to other countries and to international organizations, the Chairman of the Development Coordination Committee shall prepare and transmit to the Congress, no later than February 1 of each year, as a part of the annual presentation materials for foreign assistance, a report as described in this subsection. This report shall include—
(1)(A) a comprehensive and coordinated review of all United States policies and programs having a major impact on the development of developing countries, including but not limited to bilateral and multilateral assistance, trade, debt, employment, food, energy, technology, population, oceans, environment, human settlements, natural resources, and participation in international agencies concerned with development;
(B) an assessment of the impact of such policies and programs on the well-being of the poor majority in developing countries in accordance with the policy objectives of part I of subchapter I of this chapter, including increasing life expectancy and literacy, lowering infant mortality and birth rates, and increasing food production and employment, such assessment to include an evaluation of the extent to which programs under part I of subchapter I of this chapter directly benefit the poor majority; and
(C) an assessment of the impact of such policies and programs on economic conditions in the United States, including but not limited to employment, wages, and working conditions;
(2) the dollar value of all foreign assistance and guaranties by category and by country provided or made by the United States Government by any means to all foreign countries and international organizations—
(A) from 1946 to the fiscal year immediately preceding the fiscal year for which the report is required;
(B) as presented to Congress for the immediate preceding fiscal year;
(C) as obligated during the immediately preceding fiscal year;
(D) as planned for the fiscal year in which the report is presented;
(E) as proposed for the fiscal year following the year in which the report is presented; and
(F) of any contract in excess of $100,000 administered by the Agency for International Development which was entered into in the preceding fiscal year without competitive selection procedures, and the reasons for doing so;
(3) a summary of repayments, by country, to the United States from previous foreign assistance loans;
(4) the status of each sale of agricultural commodities on credit terms theretofore made under the Agricultural Trade Development and Assistance Act of 1954 [
(5)(A) the status of the debt servicing capacity of each country receiving assistance under this chapter;
(B) all forms of debt relief granted by the United States with respect to such countries, together with a detailed statement of the specific debt relief granted with respect to each such country and the purpose for which it was granted; and
(C) a summary of the net aid flow from the United States to such countries, taking into consideration the debt relief granted by the United States;
(6) the dollar value of all official development assistance, security assistance, international disaster assistance, refugee assistance, and international narcotics control assistance provided by each government of a country which is a member of the Organization for Economic Cooperation and Development or of the Organization of Petroleum Exporting Countries;
(7) the percentage which each type of assistance described in paragraph (6) represents of (A) the gross national product of each country referred to in paragraph (6), and (B) the budget of the government of such country, as well as the per capita contribution for each country for each type of assistance described in paragraph (6);
(8) the amount of all foreign currencies acquired without payment of dollars on hand of each foreign country as of September 30 of the preceding fiscal year;
(9) the Development Coordination Committee's operations pursuant to
(10) the aggregate dollar value and quantity of grant military assistance, military education and training, and any other defense articles and services furnished under this chapter by the United States to each foreign country and international organization for the preceding fiscal year;
(11) information concerning the activities of the Minority Resource Center during the preceding fiscal year; and
(12) other information appropriate to the conduct of the foreign assistance program of the United States Government.
(b) "Foreign assistance" and "provided by the United States Government" defined
For purposes of this section—
(1) "foreign assistance" means any tangible or intangible item provided by the United States Government to a foreign country or international organization under this chapter or any other Act, including but not limited to any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, United States dollars, and any currencies of any foreign country which are owned by the United States Government; and
(2) "provided by the United States Government" includes, but is not limited to, foreign assistance provided by means of gift, loan, sale, credit, or guaranty.
(
References in Text
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (a)(4), is act July 10, 1954, ch. 469,
The Export-Import Bank Act of 1945, referred to in subsec. (a)(4), is act July 31, 1945, ch. 341,
This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1), was in the original "this Act", meaning
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Codification
Prior to the complete revision of this section by section 502(a)(2) of
Amendments
1985—Subsec. (a)(1)(B).
1981—Subsec. (a).
Subsec. (a)(1)(B).
Subsec. (a)(2)(F).
Subsec. (a)(4).
Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9) to (12).
1980—Subsec. (a)(6) to (8).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (h).
1976—Subsec. (d).
Subsec. (f).
1974—Subsec. (d).
1973—Subsec. (f).
Subsec. (g).
1972—Subsec. (a).
Subsec. (d).
1969—Subsec. (a).
1968—Subsec. (d).
Subsec. (g).
1967—Subsec. (d).
Subsecs. (g), (h).
1966—Subsec. (f).
1962—Subsec. (a).
Subsec. (d).
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Section 304(c)(3) of
Effective Date of 1968 Amendment
Amendment by
Savings Provision
Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of former subsec. (g) of this section as continuing in full force and effect until modified by appropriate authority, see section 46 of
Annual Report on Economic and Social Growth
"(a)
"(b)
"(1) for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106 [
"(2) for which in excess of $1,000,000 has been obligated during the previous fiscal year by the Overseas Private Investment Corporation.
"(c)
Progress Report of Implementation of Immunization and Oral Rehydration Promotion Programs
Annual report under this section to describe progress achieved during preceding fiscal year in carrying out
Negotiating Efforts Concerning Accelerated Loan Repayments To Be Included in Annual Reports for Foreign Assistance for 1980 and 1981
Annual reports on foreign assistance submitted in 1980 and 1981 pursuant to this section to contain negotiating efforts respecting accelerated loan repayments under
Section Referred to in Other Sections
This section is referred to in
§2394–1. Notification of program changes
(a) Covered programs; content of notifications
None of the funds appropriated to carry out the purposes of this chapter (except for programs under subpart III or subpart IV of part II of subchapter I of this chapter, part V of subchapter I of this chapter, and programs of disaster relief and rehabilitation) or the Arms Export Control Act [
(1) the nature and purpose of such proposed obligation, and
(2) to the extent possible at the time of the proposed obligation, the country for which such funds would otherwise have been obligated.
(b) Exceptions
The notification requirement of this section does not apply to the reprogramming—
(1) of funds to be used for an activity, program, or project under part I of subchapter I of this chapter if the amounts to be obligated for that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount justified to the Congress for that activity, program, or project for that fiscal year; or
(2) of less than $25,000 to be used under part VIII of subchapter I of this chapter, or under part V of subchapter II of this chapter, for a country for which a program under that part for that fiscal year was justified to the Congress.
(c) Funds in the International Affairs Budget Function; reprogramming
The President shall notify the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs of the House of Representatives concerning any reprogramming of funds in the International Affairs Budget Function, the authorizations of appropriations for which are in their respective jurisdictions, to the same degree and with the same conditions as the President notifies the Committees on Appropriations. The requirements of this subsection are in addition to, and not in lieu of, other notification requirements.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Codification
Section was formerly classified to
Amendments
1994—Subsec. (a).
1985—
1981—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2394–1a. Classification of reports
All information contained in any report transmitted under this chapter shall be public information. However, in the case of any item of information to be included in any such report that the President, on an extraordinary basis, determines is clearly detrimental to the security of the United States, he shall explain in a supplemental report why publication of each specific item would be detrimental to the security of the United States. A supplemental report shall be transmitted to the Congress at the time the report is transmitted.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2394a. Extortion and illegal payments to officials of foreign countries receiving international security assistance
Within 60 days after receiving information which substantiates that officials of a foreign country receiving international security assistance have (1) received illegal or otherwise improper payments from a United States corporation in return for a contract to purchase defense articles or services from such corporation, or (2) extorted, or attempted to extort, money or other things of value in return for actions by officials of that country that permit a United States citizen or corporation to conduct business in that country, the President shall submit to Congress a report outlining the circumstances of such payment or extortion. The report shall contain a recommendation from the President as to whether the United States should continue a security assistance program for that country.
(
Codification
Section was not enacted as part of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2395. General authorities
(a) Manner of furnishing assistance; emphasis on loans
Except as otherwise specifically provided in this chapter, assistance under this chapter may be furnished on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement of the purposes of this chapter, and shall emphasize loans rather than grants wherever possible.
(b) Authority of the President
The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States, and international organizations in furtherance of the purposes and within the limitations of this chapter.
(c) Utilization of services and facilities of voluntary, nonprofit organizations
It is the sense of Congress that the President, in furthering the purposes of this chapter, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development.
(d) Acceptance of gifts, devises, bequests, grants, etc.
The President may accept and use in furtherance of the purposes of this chapter, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose.
(e) Health and accident insurance for foreign participants and foreign employees
(1) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing technical information and assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program.
(2) Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign employees of that agency while those employees are absent from their place of employment abroad for purposes of training or other official duties.
(f) Admission of alien participants
Alien participants in any program of furnishing technical information and assistance under this chapter may be admitted to the United States if otherwise qualified as nonimmigrants under
(g) Powers and authorities of the President with respect to loans
In making loans under this chapter, the President—
(1) may issue letters of credit and letters of commitment;
(2) may collect or compromise any obligations assigned to, or held by, and any legal or equitable rights accruing to him, and, as he may determine, refer any such obligations or rights to the Attorney General for suit or collection;
(3) may acquire and dispose of, upon such terms and conditions as he may determine, any property, including any instrument evidencing indebtedness or ownership (provided that equity securities may not be directly purchased although such securities may be acquired by other means such as by exercise of conversion rights or through enforcement of liens or pledges or otherwise to satisfy a previously incurred indebtedness), and guarantee payment against any such instrument;
(4) may determine the character of, and necessity for, obligations and expenditures of funds used in making such loans and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and
(5) shall cause to be maintained an integral set of accounts which shall be audited by the General Accounting Office in accordance with principles and procedures applicable to commercial corporate transactions as provided by
(h) Term of contracts and agreements
A contract or agreement which entails commitments for the expenditure of funds made available under part I (except development loans) and subpart II of part II of subchapter I and under subchapter II of this chapter, may, subject to any future action of the Congress, extend at any time for not more than five years.
(i) Settlement and arbitration of claims arising under investment guaranty operations
Claims arising as a result of investment guaranty operations 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 President may direct. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provision of law.
(j) Financial transactions with foreign governments; exemption
The provisions of
(k) Cost-type contracts with educational institutions; payment of reimbursable indirect costs
Any cost-type contract or agreement (including grants) entered into with a university, college, or other educational institution for the purpose of carrying out programs authorized by subchapter I of this chapter may provide for the payment of the reimbursable indirect costs of said university, college, or other educational institution on the basis of predetermined fixed-percentage rates applied to the total, or an element thereof, of the reimbursable direct costs incurred.
(
References in Text
This chapter, referred to in subsecs. (a) to (d), (g), and (j), was in the original "this Act", meaning
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Codification
In subsec. (g)(5), "
Amendments
1979—Subsec. (c).
1978—Subsec. (h).
1967—Subsec. (e).
Subsec. (g).
1966—Subsec. (h).
1965—Subsec. (g).
1963—Subsec. (k).
1962—Subsec. (h).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Section 302(i)(2) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
International Agreements
The negotiation, conclusion, and termination of international agreements pursuant to this chapter shall be subject to requirements of
Information to Congressional Committees on Negotiations Regarding Debts Owed United States by Foreign Governments; Transmittal to Congress of Debt Modification Proposals
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§2395a. International agreements concerning debt relief; transmittal to Congressional committees
(1) Repealed.
(2) The Secretary of State shall transmit to such committees a copy of the text of any agreement with any foreign government which would result in any such debt relief no less than thirty days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief. The requirements of this paragraph shall not apply with respect to an agreement if a statutory requirement exists that the amount of the debt relief provided by the agreement may not exceed the amount approved for such purposes in advance in an appropriation Act.
(
References in Text
"Such committees" and "such debt relief", referred to in par. (2), mean the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the each House of Congress named as the ongoing recipients of any information respecting debt relief negotiations with foreign governments regarding any debts owing to the United States in par. (1) provisions prior to repeal thereof by section 734(a)(1) of
Codification
Section enacted as part of the International Development and Food Assistance Act of 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1981—Par. (1).
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House Resolution No. 89, 96th Congress.
Effective Date
Section effective Oct. 1, 1978, see section 605 of
Actions To Provide Bilateral Debt Relief
"(a)
"(b)
"(1) Sections 221 and 222 of the Foreign Assistance Act [of 1961] [
"(2) The Arms Export Control Act (
"(3) Section 5(f) of the Commodity Credit Corporation Charter Act [
"(4) Title I of the Agricultural Trade Development and Assistance Act of 1954 (
"(c)
"(d)
"(1) the country, as of December 31, 2000, is eligible to borrow from the International Development Association;
"(2) the country, as of December 31, 2000, is not eligible to borrow from the International Bank for Reconstruction and Development; and
"(3)(A) the country has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 1996, was at least 150 percent of the average annual value of the exports of the country for the period 1994 through 1996; or
"(B)(i) the country has outstanding public and publicly guaranteed debt, the net present value of which, as of the date the President determines that the country is eligible for debt relief under this section, is at least 150 percent of the annual value of the exports of the country; or
"(ii) the country has outstanding public and publicly guaranteed debt, the net present value of which, as of the date the President determines that the country is eligible for debt relief under this section, is at least 250 percent of the annual fiscal revenues of the country, and has minimum ratios of exports to Gross Domestic Product of 30 percent, and of fiscal revenues to Gross Domestic Product of 15 percent.
"(e)
"(f)
"(1) has an excessive level of military expenditures;
"(2) has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j)(1) of the Export Administration Act of 1979 (
"(3) is failing to cooperate on international narcotics control matters; or
"(4) (including its military or other security forces), engages in a consistent pattern of gross violations of internationally recognized human rights.
"(g)
"(1) to enable, facilitate, or encourage the implementation of policy changes and institutional reforms under economic reform programs, in a manner that ensures that such policy changes and institutional reforms are designed and adopted through transparent and participatory processes;
"(2) to adopt an integrated development strategy of the type described in section 1624(a) of the International Financial Institutions Act [
"(3) to take steps so that the financial benefits of debt relief are applied to programs to combat poverty (in particular through concrete measures to improve economic infrastructure, basic services in education, nutrition, and health, particularly treatment and prevention of the leading causes of mortality) and to redress environmental degradation;
"(4) to take steps to strengthen and expand the private sector, encourage increased trade and investment, support the development of free markets, and promote broad-scale economic growth;
"(5) to implement transparent policy making and budget procedures, good governance, and effective anticorruption measures;
"(6) to broaden public participation and popular understanding of the principles and goals of poverty reduction, particularly through economic growth, and good governance; and
"(7) to promote the participation of citizens and nongovernmental organizations in the economic policy choices of the government.
"(h)
"(i)
"(j)
Notification to Congress on Debt Relief Agreements
Similar provisions were contained in the following prior appropriation acts:
§2396. Availability of funds
(a) General expenditures
Appropriations for the purposes of or pursuant to this chapter (except for subchapter II of this chapter), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this chapter, and funds made available for other purposes to the agency primarily responsible for administrating subchapter I of this chapter, shall be available for:
(1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties;
(2) expenses of attendance at meetings concerned with the purposes of such appropriations or of this chapter, including (notwithstanding the provisions of section 1346(a) and (c) of title 31) expenses in connection with meetings of persons whose employment is authorized by
(3) contracting with individuals for personal services abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Civil Service Commission;
(4) purchase, maintenance, operation, and hire of aircraft: Provided, That aircraft for administrative purposes may be purchased only as specifically provided for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles: Provided, That, except as may otherwise be provided in an appropriation or other Act, passenger motor vehicles for administrative purposes outside the United States may be purchased for replacement only, and such vehicles may be exchanged or sold and replaced by an equal number of such vehicles, and the cost, including exchange allowance, of each such replacement shall not exceed the current market price in the United States of a mid-sized sedan or station wagon meeting the requirements established by the General Services Administration for a Class III vehicle of United States manufacture (or, if the replacement vehicle is a right-hand drive vehicle, 120 percent of that price) in the case of an automobile for the chief of any special mission or staff outside the United States established under
(6) entertainment (not to exceed $25,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act);
(7) exchange of funds without regard to section 3651 1 of the Revised Statutes (
(8) expenditures (not to exceed $50,000 in any fiscal year except as may otherwise be provided in an appropriation or other Act) of a confidential character other than entertainment: Provided, That a certificate of the amount of each such expenditure, the nature of which it is considered inadvisable to specify, shall be made by the head of the agency primarily responsible for administering subchapter I of this chapter or such person as he may designate, and every such certificate shall be deemed a sufficient voucher for the amount therein specified;
(9) insurance of official motor vehicles or aircraft acquired for use in foreign countries;
(10) rent or lease outside the United States for not to exceed ten years of offices, buildings, grounds, and quarters, including living quarters to house personnel, and payments therefor in advance; 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 costs of fuel, water, and utilities for such properties;
(11) expenses of preparing and transporting to their former homes, or, with respect to foreign participants engaged in any program under subchapter I of this chapter, to their former homes or places of burial, and of care and disposition of, the remains of persons or members of the families of persons who may die while such persons are away from their homes participating in activities carried out with funds covered by this subsection;
(12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to foreign participants engaged in any program under subchapter I of this chapter 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, notwithstanding any other provision of law;
(14) use in accordance with authorities of the Foreign Service Act of 1980, as amended (
(15) ice and drinking water for use outside the United States;
(16) services of commissioned officers of the Environmental Science Services Administration, and for the purposes of providing such services the Environmental Science Services Administration may appoint not to exceed twenty commissioned officers in addition to those otherwise authorized;
(17) expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stopovers 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.
(b) Compensation, allowances, and travel of personnel; printing and binding; expenditures outside United States
Funds made available for the purposes of this chapter may be used for compensation, allowances, and travel of personnel including Foreign Service personnel whose services are utilized primarily for the purposes of this chapter, for printing and binding without regard to the provisions of any other law, and for expenditures outside the United States for the procurement of supplies and services and for other administrative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obligation and expenditure of funds of the United States Government as may be necessary to accomplish the purposes of this chapter.
(c) Construction of living quarters, office space, and supporting facilities
Notwithstanding any other law, not to exceed $6,000,000 of the funds available for assistance under this chapter may be used in any fiscal year (in addition to funds available for such use under other authorities in this chapter) to construct or otherwise acquire outside the United States (1) essential living quarters, office space, and necessary supporting facilities for use of personnel carrying out activities authorized by this chapter, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel carrying out activities authorized by this chapter, United States Government personnel, and their dependents. In addition, funds made available for assistance under this chapter may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.
(d) Education of dependents
Not to exceed $2,500,000 of the funds available for assistance under this chapter may be used in any fiscal year to provide assistance, on such terms and conditions as are deemed appropriate, to schools established, or to be established, outside the United States whenever it is determined that such action would be more economical or would best serve the interests of the United States in providing for the education of dependents of personnel carrying out activities authorized by this chapter and dependents of United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.
(e) Training costs
Funds available under this chapter may be used to pay costs of training United States citizen personnel employed or assigned pursuant to section 2385(d)(2) 2 of this title (through interchange or otherwise) at any State or local unit of government, public or private nonprofit institution, trade, labor, agricultural, or scientific association or organization, or commercial firm; and the provisions of sections 1881 to 1888 2 of title 7 may be used to carry out the foregoing authority notwithstanding that interchange of personnel may not be involved or that the training may not take place at the institutions specified in sections 1881 to 1888 2 of title 7. Such training shall not be considered employment or holding of office under
(f) Assistance in carrying out functions under certain laws
Funds made available under part I of subchapter I of this chapter may be used for expenses (other than those provided for under
(g) Administrative, extraordinary, and operating expenses; reimbursement of military officers; training of foreign military personnel
Funds made available for the purposes of subchapter II of this chapter or the Arms Export Control Act [
(1) administrative, extraordinary (not to exceed $300,000 in any fiscal year), and operating expenses incurred in furnishing defense articles, military education and training and defense services on a grant or sales basis by the agency primarily responsible for administering subchapter II of this chapter;
(2) reimbursement of actual expenses of military officers detailed or assigned as tour directors in connection with orientation visits of foreign military and related civilian personnel, in accordance with provisions of
(3) maintenance, repair, alteration and furnishing of United States-owned facilities in the District of Columbia or elsewhere for the training of foreign military and related civilian personnel, without regard to the provisions of
(h) Recipient countries to contribute local currencies; utilization of foreign currencies owned by United States
In carrying out programs under this chapter, the President shall take all appropriate steps to assure that, to the maximum extent possible, (1) countries receiving assistance under this chapter contribute local currencies to meet the cost of contractual and other services rendered in conjunction with such programs, and (2) foreign currencies owned by the United States are utilized to meet the costs of such contractual and other services.
(i) Financing motor vehicle transactions; waiver of domestic manufacturing restriction
Notwithstanding section 2399a 3 of this title or any other provision of this chapter, none of the funds made available to carry out this chapter shall be used to finance the purchase, sale, long-term lease, exchange, or guaranty of a sale of motor vehicles unless such motor vehicles are manufactured in the United States: Provided, That where special circumstances exist the President is authorized to waive the provisions of this section in order to carry out the purposes of this chapter.
(
References in Text
This chapter, referred to in subsecs. (a) to (e), (h), and (i), was in the original "this Act", meaning
Section 3651 of the Revised Statutes (
The Foreign Service Act of 1980, referred to in subsec. (a)(14), is
The Agricultural Trade Development and Assistance Act of 1954, as amended, referred to in subsec. (f), is act July 10, 1954, ch. 469,
The Latin American Development Act, as amended, referred to in subsec. (f), is
The Arms Export Control Act, referred to in subsec. (g), is
References to Subchapter I Deemed To Include Certain Parts of Subchapter II, and References to Subchapter II Deemed To Exclude Such Parts
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Codification
In subsec. (a)(2), "section 1346(a) and (c) of title 31" substituted for "section 9 of
Amendments
1989—Subsec. (g).
1987—Subsec. (c).
1986—Subsec. (a)(5).
Subsec. (g)(2).
1985—Subsec. (a)(14).
1978—Subsec. (a)(5).
Subsec. (c).
Subsecs. (d), (e).
Subsec. (f).
1976—Subsec. (g)(1).
Subsec. (g)(2), (3).
1969—Subsec. (f).
1968—Subsec. (g)(1).
1967—Subsec. (a)(5).
Subsec. (a)(16).
Subsec. (d).
Subsec. (e).
Subsec. (g)(2).
Subsec. (i).
1965—Subsec. (e).
Subsec. (f).
1963—Subsec. (h).
Change of Name
Commissioned Officer Corps of the Environmental Science Services Administration changed to Commissioned Officer Corps of the National Oceanic and Atmospheric Administration, see 1970 Reorg Plan No. 4, §4(d), eff. Oct. 3, 1970, 35 F.R. 15627,
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
2 See References in Text note below.
3 See References in Text note below.
§2396a. Property Management Fund
(a) The proceeds of overseas property acquired by the Agency for International Development under the authority of
(b) The provisions of subsection (a) of this section shall be applicable to property acquired prior to November 5, 1990, and at any time thereafter.
(
Codification
Section was enacted as part of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2397. Administrative expenses
(a) Repealed.
(b) There is authorized to be appropriated such amounts as may be necessary from time to time for administrative expenses which are incurred for functions of the Department of State under this chapter and unrepealed provisions of the Mutual Security Act of 1954, as amended, or for normal functions of the Department of State which relate to such functions.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in subsec. (b), is act Aug. 26, 1954, ch. 937,
Amendments
1978—Subsec. (a).
1973—Subsec. (a).
1972—Subsec. (a).
1969—Subsec. (a).
1968—Subsec. (a).
1967—Subsec. (a).
1966—Subsec. (a).
1965—Subsec. (a).
1964—Subsec. (a).
1963—Subsec. (a).
1962—Subsec. (a).
Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2398. Assistance to countries pursuant to other statutes
(a) No provision of this chapter shall be construed to prohibit assistance to any country pursuant to the Peace Corps Act, as amended [
(b) No provision of this chapter or any other provision of law shall be construed to prohibit assistance for any training activity which is funded under this chapter for Brazil or Argentina as long as such country continues to have a democractically 1 elected government and the assistance is otherwise consistent with
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Peace Corps Act, as amended, referred to in subsec. (a), is
The Mutual Educational and Cultural Exchange Act of 1961, as amended, referred to in subsec. (a), is
The Export-Import Bank Act of 1945, as amended, referred to in subsec. (a), is act July 31, 1945, ch. 341,
Amendments
1987—
1973—
1965—
Effective Date of 1987 Amendment
Section 101(e) [title V, §588(b)] of
1 So in original. Probably should be "democratically".
§2399. Repealed. Pub. L. 94–161, title I, §101(6), Dec. 20, 1975, 89 Stat. 850
Section,
§§2399–1a, 2399–1b. Transferred
Codification
Section 2399–1a,
Section 2399–1b,
§2399a. Repealed. Pub. L. 90–629, ch. 4, §45(a), Oct. 22, 1968, 82 Stat. 1327
Section,
Effective Date of Repeal
Repeal effective July 1, 1968, see section 41 of
Savings Provision
Determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of former
§2399b. False claims and ineligible commodities
(a) Penalties; costs
Any person who makes or causes to be made or presents or causes to be presented to any bank or other financial institution or to any officer, agent, or employee of any agency of the United States Government a claim for payment from funds made available under this chapter for the purposes of furnishing assistance and who knows the claim to be false, fraudulent, or fictitious or to cover a commodity or commodity-related service determined by the President to be ineligible for payment from funds made available under this chapter, or who uses to support his claim any certification, statement, or entry on any contract, abstract, bill of lading, Government or commercial invoice, or Government form, which he knows, or in the exercise of prudent business management should know, to contain false, fraudulent, or fictitious information, or who uses or engages in any other fraudulent trick, scheme, or device for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any benefit or payment from funds so made available under this chapter in connection with the negotiation, procurement, award, or performance of a contract financed with funds so made available under this chapter, and any person who enters into an agreement, combination, or conspiracy so to do, (1) shall pay to the United States an amount equal to 25 per centum of any amount thereby sought to be wrongfully secured or obtained but not actually received, and (2) shall forfeit and refund any payment, compensation, loan, commission, or advance received as a result thereof, and (3) shall, in addition, pay to the United States for each such act (A) the sum of $2,000 and double the amount of any damage which the United States may have sustained by reason thereof, or (B) an amount equal to 50 per centum of any such payment, compensation, loan, commission, or advance so received, whichever is the greater, together with the costs of suit.
(b) Recovery of penalties; procedure; finality of withholding of funds; recovery of withheld funds; limitation period
In order to secure recovery under this section, the President may, as he deems appropriate, (1) institute suit in the United States district court for any judicial district in which the person alleged to have performed or participated in an act described by this section may reside or may be found, and (2) upon posting by registered mail to such person a notice of claim describing the basis therefor and identifying the funds to be withheld, withhold from funds owed by any agency of the United States Government to such person an amount equal to the refund, damages, liquidated damages, and exemplary damages claimed by the United States under this section. Any such withholding of funds from any person shall constitute a final determination of the rights and liabilities of such person under this section with respect to the amount so withheld, unless within one year of receiving the notice of claim such person brings suit for recovery, which is hereby authorized, against the United States in any United States district court.
(c) "Person" defined
For purposes of this section, the term "person" includes any individual, corporation, partnership, association, or other legal entity.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2399c. Coordination of policies and programs
(a) Development Coordination Committee established
The President shall establish a system for coordination of United States policies and programs which affect United States interests in the development of low-income countries. To that end, the President shall establish a Development Coordination Committee which shall advise him with respect to coordination of United States policies and programs affecting the development of the developing countries, including programs of bilateral and multilateral development assistance. The Committee shall include the head of the agency primarily responsible for administering subchapter I of this chapter, Chairman, and representatives of the Departments of State, Treasury, Commerce, Agriculture, Energy, and Labor, the Executive Office of the President, and other executive departments and agencies, as the President shall designate. The Committee shall advise the President concerning the degree to which bilateral and multilateral development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of people in the developing countries: food production; rural development and nutrition; population planning and health; and education, public administration, and human resource development.
(b) Procedures to assure coordination
The President shall prescribe appropriate procedures to assure coordination among—
(1) the various departments and agencies of the United States Government having representatives in diplomatic missions abroad; and
(2) representatives of the United States Government in each country, under the direction of the Chief of the United States Diplomatic Mission.
The President shall keep the Congress advised of his actions under this subsection.
(c) Guidance of Secretary of State
Programs authorized by this chapter shall be undertaken with the foreign policy guidance of the Secretary of State.
(d) Repealed. Pub. L. 95–424, title V, §502(d)(1), Oct. 6, 1978, 92 Stat. 959
(e) Temporary assignment of employees
The head of any of the departments or agencies referred to in subsection (a) of this section may temporarily assign, upon the request of the Chairman, any employee from such department or agency to the staff of the Committee.
(f) Studies
To carry out the purposes of subsection (a) of this section, the Committee shall—
(1) prepare studies on various development problems;
(2) devise implementation strategies on developmental problems appropriate to each such department or agency;
(3) monitor and evaluate the results of the development activities of each such department or agency; and
(4) arrange for the exchange of information and studies between such agencies and departments.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1981—Subsec. (g).
1979—Subsec. (a).
1978—Subsec. (d).
Subsec. (g).
1977—Subsec. (a).
Subsec. (d).
Subsecs. (e) to (g).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of
Section Referred to in Other Sections
This section is referred to in
§2399d. Shipping differential
For the purpose of facilitating implementation of
(
References to Part I Deemed To Include Section 2293
References to part I of subchapter I of this chapter are deemed to include a reference to
Amendments
1980—
Part III—Miscellaneous Provisions
§2401. Effective date; identification of programs
This chapter shall take effect on September 4, 1961. Programs under this chapter shall be identified appropriately overseas as "American Aid".
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2402. Saving provisions
(a) Determinations, authorizations, regulations, orders, contracts, agreements, etc., under prior law
Except as may be expressly provided to the contrary in this chapter, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by section 642(a) and the Foreign Assistance Act of 1969 shall continue in full force and effect until modified by appropriate authority.
(b) Compliance with similar provisions of prior law as compliance with this chapter
Wherever provisions of this chapter establish conditions which must be complied with before use may be made of authority contained in, or funds authorized by, this chapter, compliance with, or satisfaction of, substantially similar conditions under Acts listed in section 642(a) and the Foreign Assistance Act of 1969 or Acts repealed by those Acts shall be deemed to constitute compliance with the conditions established by this chapter.
(c) Continued availability of funds appropriated pursuant to prior law
Funds made available pursuant to provisions of law repealed by section 642(a)(2) and the Foreign Assistance Act of 1969 shall, unless otherwise authorized or provided by law, remain available for their original purposes in accordance with the provisions of law originally applicable thereto, or in accordance with the provisions of law currently applicable to those purposes.
(
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Section 642(a), referred to in text, means section 642(a) of
The Foreign Assistance Act of 1969, referred to in subsecs. (a) to (c), is
Amendments
1969—Subsec. (a).
1962—Subsec. (d).
§2403. Definitions
As used in this chapter—
(a) "Agency of the United States Government" includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States Government.
(b) "Armed Forces" of the United States means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
(c) "Commodity" includes any material, article, supply, goods, or equipment used for the purposes of furnishing nonmilitary assistance.
(d) "Defense article" includes—
(1) any weapon, weapons system, munition, aircraft, vessel, boat or other implement of war;
(2) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of furnishing military assistance;
(3) any machinery, facility, tool, material supply, or other item necessary for the manufacture, production, processing repair, servicing, storage, construction, transportation, operation, or use of any article listed in this subsection; or
(4) any component or part of any article listed in this subsection; but
shall not include merchant vessels or, as defined by the Atomic Energy Act of 1954, as amended (
(e) "Defense information" includes any document, writing, sketch, photograph, plan, model, specification, design, prototype, or other recorded or oral information relating to any defense article or defense service, but shall not include Restricted Data as defined by the Atomic Energy Act of 1954, as amended [
(f) "Defense service" includes any service, test, inspection, repair, publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under part V of subchapter II of this chapter.
(g) "Excess defense articles" means the quantity of defense articles (other than construction equipment, including tractors, scrapers, loaders, graders, bulldozers, dump trucks, generators, and compressors) owned by the United States Government, and not procured in anticipation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this chapter.
(h) "Function" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.
(i) Repealed.
(j) "Officer or employee" means civilian personnel and members of the Armed Forces of the United States Government.
(k) "Services" include any service, repair, training of personnel, or technical or other assistance or information used for the purposes of furnishing nonmilitary assistance.
(l) "Surplus agricultural commodity" means any agricultural commodity or product thereof, class, kind, type, or other specification thereof, produced in the United States, either publicly or privately owned, which is in excess of domestic requirements, adequate carryover, and anticipated exports for United States dollars, as determined by the Secretary of Agriculture.
(m) "Value" means—
(1) with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying the article, except that for purposes of
(2) with respect to a nonexcess defense article delivered from inventory to foreign countries or international organizations under this chapter, the acquisition cost to the United States Government, adjusted as appropriate for condition and market value;
(3) with respect to a nonexcess defense article delivered from new procurement to foreign countries or international organizations under this chapter, the contract or production costs of such article;
(4) with respect to a defense service, the cost to the United States Government of such service; and
(5) with respect to military education and training or services provided under part VIII of subchapter II of this chapter, the additional costs that are incurred by the United States Government in furnishing such assistance.
(n) "Military education and training" includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.
(o) "Agriculture" includes aquaculture and fisheries.
(p) "Farmers" includes fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters.
(q) "Major non-NATO ally" means a country which is designated in accordance with
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Atomic Energy Act of 1954, as amended, referred to in subsecs. (d) and (e), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
The Arms Export Control Act, referred to in subsec. (q), is
Codification
The 1983 amendment by
Amendments
1996—Subsec. (q).
1992—Subsec. (g).
1983—Subsec. (m)(5).
1980—Subsec. (m)(5).
1979—Subsec. (d).
1978—Subsecs. (o), (p).
1976—Subsec. (f).
Subsec. (n).
1973—Subsec. (g).
Subsec. (i).
Subsec. (m).
"(1) with respect to excess defense articles, the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such articles;
"(2) with respect to nonexcess defense articles delivered from inventory to countries or international organizations under this chapter, the standard price in effect at the time such articles are dropped from inventory by the supplying agency. Such standard price shall be the same price (including authorized reduced prices) used for transfers or sales of such articles in or between the Armed Forces of the United States Government, or, where such articles are not transferred or sold in or between the Armed Forces of the United States, the gross cost to the United States Government adjusted as appropriate for condition and market value; and
"(3) with respect to nonexcess defense articles delivered from new procurement to countries or international organizations under this chapter, the contract or production costs of such articles.
Military assistance programs and orders shall be based upon the best estimates of stock status and prevailing prices; reimbursements to the supplying agency shall be made on the basis of the stock status and prices determined pursuant to this section. Notwithstanding the foregoing provisions of this section, the Secretary of Defense may prescribe regulations authorizing reimbursements to the supplying agency based on negotiated prices for aircraft, vessels, plant equipment, and such other major items as he may specify: Provided, That such articles are not excess at the time such prices are negotiated: Provided further, That such prices are negotiated at the time firm orders are placed with the supplying agency."
1972—Subsec. (m).
1968—Subsec. (m).
1967—Subsec. (d).
Subsec. (e).
Subsec. (f).
1965—Subsec. (g).
Subsec. (m).
1963—Subsec. (f).
1962—Subsec. (m)(2), (3).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2404. Unexpended balances
Unexpended balances of funds made available pursuant to this chapter, the Mutual Security Act of 1954, as amended, or the Latin American Development Act, as amended, are hereby authorized to be continued available for the general purposes for which appropriated, and may at any time be consolidated, and, in addition, may be consolidated with appropriations made available for the same general purposes under the authority of this chapter.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Mutual Security Act of 1954, referred to in text, is act Aug. 26, 1954, ch. 937,
The Latin American Development Act, as amended, referred to in text, is
Amendments
1965—
1963—
1962—
§2405. Separability
If any provision of this chapter or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this chapter, and of the applicability of such provision to other circumstances or persons shall not be affected thereby.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2406. Development programs for dependable fuel supplies
It is of paramount importance that long-range economic plans take cognizance of the need for a dependable supply of fuels, which is necessary to orderly and stable development and growth, and that dependence not be placed upon sources which are inherently hostile to free countries and the ultimate well-being of economically underdeveloped countries and which might exploit such dependence for ultimate political domination. The agencies of government in the United States are directed to work with other countries in developing plans for basing development programs on the use of the large and stable supply of relatively low cost fuels available in the free world.
(
Prohibition on Assistance for Nuclear Powerplants for Fiscal Year 1978
Nuclear Powerplants in Israel or Egypt
§2407. Special authorization for use of foreign currencies
Subject to the provisions of
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
"
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2408. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2409. Use of United States Armed Forces
The furnishing of economic, military, or other assistance under this chapter shall not be construed as creating a new commitment or as affecting any existing commitment to use Armed Forces of the United States for the defense of any foreign country.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§2410. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2410a. Repealed. Pub. L. 97–113, title VII, §734(a)(15), Dec. 29, 1981, 95 Stat. 1560
Section,
§2411. Limitation upon exercise of special authorities
The President shall not exercise any special authority granted to him under
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1996—
1985—
1980—
1972—
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Funds Not To Be Used To Finance Introduction of United States Ground Combat Troops Into Cambodia or Provide Advisers for Security or Intelligence Forces in Cambodia; Assistance to Cambodia Not To Be Construed as Commitment by United States to Cambodia for Its Defense
Section 7 of
"(a) In line with the expressed intention of the President of the United States, none of the funds authorized or appropriated pursuant to this or any other Act may be used to finance the introduction of United States ground combat troops into Cambodia, or to provide United States advisers to or for military, paramilitary, police, or other security or intelligence forces in Cambodia.
"(b) Military and economic assistance provided by the United States to Cambodia and authorized or appropriated pursuant to this or any other Act shall not be construed as a commitment by the United States to Cambodia for its defense."
Section Referred to in Other Sections
This section is referred to in
§2412. Limitation on foreign assistance appropriations
(a) Restrictions on appropriations in absence of or in excess of prior authorizations
Notwithstanding any provision of law enacted before January 12, 1971, no money appropriated for foreign assistance (including foreign military sales) shall be available for obligation or expenditure—
(1) unless the appropriation thereof has been previously authorized by law; or
(2) in excess of an amount previously prescribed by law.
(b) Exception
To the extent that legislation enacted after the making of an appropriation for foreign assistance (including foreign military sales) authorizes the obligation or expenditure thereof, the limitation contained in subsection (a) of this section shall have no effect.
(c) Specific repeal or modification of section
The provisions of this section shall not be superseded except by a provision of law enacted after January 12, 1971, which specifically repeals or modifies the provisions of this section.
(
Codification
Section was not enacted as part of
§2413. Changes in allocation of foreign assistance
(a) Notification by President to foreign country
Not later than thirty days after the enactment of any law appropriating funds to carry out any provision of this chapter (other than
(b) Application of provisions to continuing appropriations; waiver of provisions
The provisions of this section shall not apply in the case of any law making continuing appropriations and may not be waived under the provisions of
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Arms Export Control Act, referred to in subsec. (a), is
Amendments
1985—Subsec. (a).
Subsecs. (b), (c).
1978—Subsec. (b).
1974—Subsec. (a).
Subsecs. (b), (c).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2414. Presidential findings and determinations
(a) Report to Congress
In any case in which the President is required to make a report to the Congress, or to any committee or officer of either House of Congress, concerning any finding or determination under any provision of this chapter, the Foreign Military Sales Act [
(b) Action prohibition prior to execution of report
No action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been reduced to writing and signed by the President.
(c) Publication in Federal Register
Each such finding or determination shall be published in the Federal Register as soon as practicable after it has been reduced to writing and signed by the President. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published.
(d) Information accessible to Congress prior to transmission of report
No committee or officer of either House of Congress shall be denied any requested information relating to any finding or determination which the President is required to report to the Congress, or to any committee or officer of either House of Congress, under any provision of this chapter, the Foreign Military Sales Act [
(
References in Text
This chapter, referred to in subsecs. (a) and (d), was in the original "this Act", meaning
The Foreign Military Sales Act, referred to in subsecs. (a) and (d), is
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2414a. Annual report to Congress on voting practices at United Nations
(a) In general
Not later than March 31 of each year, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a full and complete annual report which assesses for the preceding calendar year, with respect to each foreign country member of the United Nations, the voting practices of the governments of such countries at the United Nations, and which evaluates General Assembly and Security Council actions and the responsiveness of those governments to United States policy on issues of special importance to the United States.
(b) Information on voting practices in United Nations
Such report shall include, with respect to voting practices and plenary actions in the United Nations during the preceding calendar year, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of—
(1) an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which member countries supported United States policy objectives at the United Nations;
(2) an analysis and discussion, prepared in consultation with the Secretary of State, of actions taken by the United Nations by consensus;
(3) with respect to plenary votes of the United Nations General Assembly—
(A) a listing of all such votes on issues which directly affected important United States interests and on which the United States lobbied extensively and a brief description of the issues involved in each such vote;
(B) a listing of the votes described in subparagraph (A) which provides a comparison of the vote cast by each member country with the vote cast by the United States;
(C) a country-by-country listing of votes described in subparagraph (A); and
(D) a listing of votes described in subparagraph (A) displayed in terms of United Nations regional caucus groups;
(4) a listing of all plenary votes cast by member countries of the United Nations in the General Assembly which provides a comparison of the votes cast by each member country with the vote cast by the United States;
(5) an analysis and discussion, prepared in consultation with the Secretary of State, of the extent to which other members supported United States policy objectives in the Security Council and a separate listing of all Security Council votes of each member country in comparison with the United States; and
(6) a side-by-side comparison of agreement on important and overall votes for each member country and the United States.
(c) Format
Information required pursuant to subsection (b)(3) of this section shall also be submitted, together with an explanation of the statistical methodology, in a format identical to that contained in chapter II of the Report to Congress on Voting Practices in the United Nations, dated March 14, 1988.
(d) Statement by Secretary of State
Each report under subsection (a) of this section shall contain a statement by the Secretary of State discussing the measures which have been taken to inform United States diplomatic missions of United Nations General Assembly and Security Council activities.
(
Codification
Section is comprised of section 406 of
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Similar Provisions
Similar provisions were contained in the following prior appropriation acts:
Requirement for Disclosure of Foreign Aid in Report of Secretary of State
"(a)
"(b)
Similar provisions were contained in the following prior appropriation acts:
§2415. Annual military assistance report
(a) Report required
Not later than February 1 of each year, the President shall transmit to the Congress an annual report for the fiscal year ending the previous September 30.
(b) Information relating to military assistance and military exports
Each such report shall show the aggregate dollar value and quantity of defense articles (including excess defense articles), defense services, and international military education and training activities authorized by the United States and of such articles, services, and activities provided by the United States, excluding any activity that is reportable under title V of the National Security Act of 1947 [
(1) were furnished by grant under part II or part V of subchapter II of this chapter or under any other authority of law or by sale under
(2) were furnished with the financial assistance of the United States Government, including through loans and guarantees; or
(3) were licensed for export under section 38 of the Arms Export Control Act [
(c) Information relating to military imports
Each such report shall also include the total amount of military items manufactured outside the United States that were imported into the United States during the fiscal year covered by the report. For each country of origin the report shall show the type of item being imported and the total amount of the items.
(d) Availability on Internet
All unclassified portions of such report shall be made available to the public on the Internet through the Department of State.
(
References in Text
The National Security Act of 1947, referred to in subsec. (b), is act July 26, 1947, ch. 343,
The Arms Export Control Act, referred to in subsec. (b)(1), is
Prior Provisions
A prior section 2415,
Amendments
1999—Subsec. (b).
"(1) were furnished by grant under part II or part V of subchapter II of this chapter or under any other authority of law or by sale under
"(2) were licensed for export under section 38 of the Arms Export Control Act."
Subsec. (d).
1996—
"(a)
"(b)
"(c)
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2416. Annual foreign military training report
(a) Annual report
Not later than January 31 of each year, the Secretary of Defense and the Secretary of State shall jointly prepare and submit to the appropriate congressional committees a report on all military training provided to foreign military personnel by the Department of Defense and the Department of State during the previous fiscal year and all such training proposed for the current fiscal year.
(b) Contents
The report described in subsection (a) of this section shall include the following:
(1) For each military training activity, the foreign policy justification and purpose for the activity, the number of foreign military personnel provided training and their units of operation, and the location of the training.
(2) For each country, the aggregate number of students trained and the aggregate cost of the military training activities.
(3) With respect to United States personnel, the operational benefits to United States forces derived from each military training activity and the United States military units involved in each activity.
(c) Form
The report described in subsection (a) of this section shall be in unclassified form but may include a classified annex.
(d) Availability on Internet
All unclassified portions of the report described in subsection (a) of this section shall be made available to the public on the Internet through the Department of State.
(e) Definition
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Appropriations and the Committee on International Relations of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.
(
Prior Provisions
A prior section 2416,
§2417. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
Prior Provisions
A prior section 2417,
§2418. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2419. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
§2420. Police training prohibition
(a) Effective date of prohibition
On and after July 1, 1975, none of the funds made available to carry out this chapter, and none of the local currencies generated under this chapter, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad.
(b) Exception; qualification
Subsection (a) of this section shall not apply—
(1) with respect to assistance rendered under section 3763(c) 1 of title 42, with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under
(2) to any contract entered into prior to December 30, 1974, with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program;
(3) with respect to assistance, including training, in maritime law enforcement and other maritime skills;
(4) with respect to assistance provided to police forces in connection with their participation in the regional security system of the Eastern Caribbean states; or 2
(5) with respect to assistance, including training, relating to sanctions monitoring and enforcement;
(6) with respect to assistance provided to reconstitute civilian police authority and capability in the post-conflict restoration of host nation infrastructure for the purposes of supporting a nation emerging from instability, and the provision of professional public safety training, to include training in internationally recognized standards of human rights, the rule of law, anti-corruption, and the promotion of civilian police roles that support democracy;
(7) with respect to assistance provided to customs authorities and personnel, including training, technical assistance and equipment, for customs law enforcement and the improvement of customs laws, systems and procedures.
Notwithstanding clause (2), subsection (a) of this section shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after December 30, 1974.
(c) Country with longstanding democratic tradition, etc.
Subsection (a) of this section shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.
(d) Assistance to Honduras or El Salvador
Notwithstanding the prohibition contained in subsection (a) of this section assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1999—Subsec. (b)(7).
1996—Subsec. (b)(5), (6).
1990—Subsec. (b)(4).
1985—Subsec. (b)(3).
Subsecs. (c), (d).
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Exemption of Narcotics-Related Military Assistance for Specific Fiscal Years From Prohibition on Assistance for Law Enforcement Agencies
"(a)
"(1) transfers of excess defense articles under section 517 of that Act (
"(2) funds made available for the 'Foreign Military Financing Program' under section 23 of the Arms Export Control Act (
"(3) international military education and training under
"(b)
"(c)
Assistance to Public Security Forces of El Salvador; Delegation of Functions
Determination of the President of the United States, No. 86–2, Oct. 29, 1985, 50 F.R. 48073, provided:
Memorandum for the Honorable George P. Shultz, the Secretary of State
Pursuant to Section 660(d) of the Foreign Assistance Act of 1961, as amended [
You are requested to report this determination to the Congress immediately, together with a full description of the assistance to be provided and of the purposes to which it is to be directed. None of the assistance so provided shall be furnished until 30 days after such a report has been made, as required by law.
I hereby delegate to the Secretary of State authority to make such determinations and reports as called for in the future under Section 660(d).
This determination shall be published in the Federal Register.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
2 So in original. The word "or" probably should appear at end of par. (6).
§2421. Trade and Development Agency
(a) Purpose
The Trade and Development Agency shall be an agency of the United States under the foreign policy guidance of the Secretary of State. The purpose of the Trade and Development Agency is to promote United States private sector participation in development projects in developing and middle-income countries, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment.
(b) Authority to provide assistance
(1) Authority
The Director of the Trade and Development Agency is authorized to work with foreign countries, including those in which the United States development programs have been concluded or those not receiving assistance under subchapter I of this chapter, to carry out the purpose of this section by providing funds for feasibility studies, architectural and engineering design, and other activities related to development projects which provide opportunities for the use of United States exports.
(2) Use of funds
Funds under this section may be used to provide support for feasibility studies for the planning, development, and management of, and procurement for, bilateral and multilateral development projects, including training activities undertaken in connection with a project, for the purpose of promoting the use of United States goods and services in such projects. Funds under this section may also be used for architectural and engineering design, including—
(A) concept design, which establishes the basic technical and operational criteria for a project, such as architectural drawings for a proposed facility, evaluation of site constraints, procurement requirements, and equipment specifications; and
(B) detail design, which sets forth specific dimensions and criteria for structural, mechanical, electrical, and architectural operations, and identifies other resources required for project operations.
(3) Information dissemination
(A) The Trade and Development Agency shall disseminate information about its project activities to the private sector.
(B) Other agencies of the United States Government shall cooperate with the Trade and Development Agency in order for the Agency to provide more effectively informational services to persons in the private sector concerning trade development and export promotion related to development projects.
(4) Nonapplicability of other provisions
Any funds used for purposes of this section may be used notwithstanding any other provision of law.
(5) Contributions to costs
The Trade and Development Agency shall, to the maximum extent practicable, require corporations and other entities to—
(A) share the costs of feasibility studies and other project planning services funded under this section; and
(B) reimburse the Trade and Development Agency those funds provided under this section, if the corporation or entity concerned succeeds in project implementation.
(c) Director and personnel
(1) Director
There shall be at the head of the Trade and Development Agency a Director who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Officers and employees
(A) The Director may appoint such officers and employees of the Trade and Development Agency as the Director considers appropriate.
(B) The officers and employees appointed under this paragraph shall have such functions as the Director may determine.
(C) Of the officers and employees appointed under this paragraph, 2 may be appointed without regard to the provisions of title 5, governing appointments in the competitive service, and may be compensated without regard to the provisions of
(D) Under such regulations as the President may prescribe, any individual appointed under subparagraph (C) may be entitled, upon removal (except for cause) from the position to which the appointment was made, to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay.
(d) Annual report
The President shall, not later than December 31 of each year, 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 activities of the Trade and Development Agency in the preceding fiscal year.
(e) Audits
(1) In general
The Trade and Development Agency shall be subject to the provisions of
(2) Independent audit
An independent certified public accountant shall perform a financial and compliance audit of the financial statements of the Trade and Development Agency each year, in accordance with generally accepted Government auditing standards for a financial and compliance audit, taking into consideration any standards recommended by the Comptroller General. The independent certified public accountant shall report the results of such audit to the Director of the Trade and Development Agency. The financial statements of the Trade and Development Agency 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
(3) Audit by Comptroller General
In lieu of the financial and compliance audit required by paragraph (2), the Comptroller General shall, if the Comptroller General considers it necessary or upon the request of the Congress, audit the financial statements of the Trade and Development Agency in the manner provided in paragraph (2).
(4) Availability of information
All books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Trade and Development Agency and the accountant who conducts the audit under paragraph (2), which are necessary for purposes of this subsection, shall be made available to the representatives of the General Accounting Office designated by the Comptroller General.
(f) Funding
(1) Authorization
(A) There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $48,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter.
(B) Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.
(2) Funding for technical assistance grants by multilateral development banks
(A) The Trade and Development Agency should, in carrying out its program, provide, as appropriate, funds to multilateral development banks for technical assistance grants.
(B) As used in subparagraph (A)—
(i) the term "technical assistance grants" means funding by multilateral development banks of services from the United States in connection with projects and programs supported by such banks, including, but not limited to, engineering, design, and consulting services; and
(ii) the term "multilateral development bank" has the meaning given that term in
(
References in Text
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c)(2)(C), are classified generally to
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1999—Subsec. (a).
Subsec. (b)(5).
Subsec. (f)(1)(A).
Subsec. (f)(2)(A).
1994—Subsec. (f)(1).
1992—
1988—Subsec. (a).
Subsecs. (b) to (d).
1985—Subsec. (b).
1981—
1980—
1979—
1978—
1977—
1975—
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Section 202(a), (e) of
"(a)
"(e)
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Appointment of Present Director Not Affected
Section 202(b) of title II of
Trade and Development Program Activities for Poland and Hungary
Trade and Development Program; Reaffirmation of Support
Section 2204(a) of
Section Referred to in Other Sections
This section is referred to in
§2421a. Capital projects office within Agency for International Development
(a) Establishment of office
The Administrator of AID shall establish a capital projects office to carry out the purposes described in subsection (b) of this section.
(b) Purposes of office
The purposes referred to in subsection (a) of this section are—
(1) to develop an AID program that would focus solely on developmentally sound capital projects, taking into consideration development needs of the host country and the export opportunities for the United States; and
(2) to consider specifically opportunities for United States high-technology firms, including small- and medium-sized firms, in supporting capital projects for developing countries and for countries making the transition from nonmarket to market economies.
(c) Activities of AID
The Administrator of AID (acting through the capital projects office), in coordination with the appropriate members of the Trade Promotion Coordination Committee—
(1) shall support capital projects in developing countries and in countries making the transition from nonmarket to market economies;
(2) shall periodically review infrastructure needs in developing countries and countries making the transition from nonmarket to market economies and shall explore opportunities for United States firms in the development of new capital projects in these countries, keeping both United States firms and the Congress informed of these reviews;
(3) shall ensure that each capital project for which AID provides funding is developmentally sound, as determined under the criteria developed by the Development Assistance Committee of the Organization for Economic Cooperation and Development;
(4) shall coordinate its activities with other AID offices, and work with AID country missions, in developing capital projects that provide opportunities for United States firms consistent with AID's primary mission to help developing countries with traditional development projects;
(5) shall coordinate, where appropriate, funds available to AID for tied-aid purposes; and
(6) shall play a special role in helping to meet the infrastructure needs of countries making the transition from nonmarket to market economies by meeting the challenge of infrastructure assistance provided by foreign governments to those countries, including by undertaking a comprehensive study of the infrastructure needs of the various countries making the transition from nonmarket to market economies—
(A) to identify those sectors in the economies of these countries that are most in need of rebuilding, and
(B) to identify the state of technology in these countries and the opportunity for United States high technology firms to help develop a technological infrastructure in these countries, including an assessment of export opportunities for United States high technology companies.
The results of the study conducted pursuant to paragraph (6) shall be reported to the appropriate congressional committees within 12 months after October 28, 1992.
(
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Short Title of 1992 Amendment
Section 301 of title III of
Reports to Congress on Capital Projects
Section 305 of title III of
Report on Feasibility of AID Credit Guarantees To Finance Capital Projects
Section 307 of
Section Referred to in Other Sections
This section is referred to in
§2421b. Capital projects for poverty alleviation and environmental safety and sustainability
(a) Purposes
The Administrator of AID shall develop a program, in accordance with subsection (b) of this section, that focuses on developmentally sound capital projects for basic infrastructure that will measurably alleviate the worst manifestations of poverty or directly promote environmental safety and sustainability at the community level, taking into consideration development needs of the host country and export opportunities for services and goods from the United States.
(b) Activities of AID
In order to carry out subsection (a) of this section, the Administrator of AID shall, working with AID technical support staff, regional bureau staff, and country missions, identify and provide funding for capital projects to alleviate the worst manifestations of poverty or to promote environmental safety and sustainability at the community level in countries receiving assistance under part I of the Foreign Assistance Act of 1961 [
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), is
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in
§2421c. Coordination
The President shall use the Trade Promotion Coordination Committee to coordinate activities under
(
References in Text
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in
§2421d. Funding for capital projects
(a) Funding level
The Congress strongly urges the President to use at least $650,000,000 for fiscal year 1993 and at least $700,000,000 for fiscal year 1994 of the total amounts made available for assistance under
(b) Development assistance capital projects
Funds appropriated to carry out
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (b), is
The Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (a), is
The Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, referred to in subsec. (a), is
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in
§2421e. Definitions
For purposes of
(1) the term "AID" means the Agency for International Development; and
(2) the term "capital project" means a project involving the construction, expansion, alteration of, or the acquisition of equipment for, a physical facility or physical infrastructure, including related engineering design (concept and detail) and other services, the procurement of equipment (including any related services), and feasibility studies or similar engineering and economic services.
(
References in Text
Codification
Section was enacted as part of the Aid, Trade, and Competitiveness Act of 1992 and also as part of the Jobs Through Exports Act of 1992, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in
§2422. Repealed. Pub. L. 102–88, title VI, §601, Aug. 14, 1991, 105 Stat. 441
Section,
§2423. Exchanges of certain materials
(a) Agreement for necessary or strategic raw material; definition
Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this chapter or shall furnish defense articles or services under the Foreign Military Sales Act [
(b) Allocation of raw materials to Federal agencies
The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law.
(c) Deposits in United States Treasury of funds from disposal of materials
Funds received from any disposal of materials under subsection (b) of this section shall be deposited as miscellaneous receipts in the United States Treasury.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
The Foreign Military Sales Act, referred to in subsec. (a), is
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 50 section 98c.
§2424. Repealed. Pub. L. 95–88, title I, §123(c), Aug. 3, 1977, 91 Stat. 541
Section,
§2425. Repealed. Pub. L. 95–424, title VI, §604, Oct. 6, 1978, 92 Stat. 961
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1978, see section 605 of
§2426. Discrimination against United States personnel
(a) Assignment of personnel on basis of ability and experience
The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this chapter in any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and relevant experience.
(b) Prohibition on use of funds in country practicing discrimination
Effective six months after December 20, 1975, or on such earlier date as the President may determine, none of the funds made available under this chapter may be used to provide economic development assistance to any country which objects to the presence of any officer or employee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this chapter on the basis of the race, religion, national origin, or sex of such officer or employee.
(c) Rules and regulations
The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section.
(
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2427. Operating expenses
(a) Authorization of appropriations
There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(1) $387,000,000 for fiscal year 1986 and $387,000,000 for fiscal year 1987 for necessary operating expenses of the agency primarily responsible for administering subchapter I of this chapter, of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development and the remaining amount for the fiscal year is authorized for other necessary operating expenses of that agency; and
(2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such agency.
(b) Continuing availability of funds
Amounts appropriated under this section are authorized to remain available until expended.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Amendments
1986—Subsec. (a)(1).
1985—Subsec. (a)(1).
1981—Subsec. (a).
1980—Subsec. (a).
1979—Subsec. (a).
1978—Subsec. (a).
1977—
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2428. Repealed. Pub. L. 97–113, title VII, §734(a)(1), Dec. 29, 1981, 95 Stat. 1560
Section,
§2428a. Congressional declaration of policy toward Korea; transmittal of report to Speaker of the House and Congressional committees
(a) The Congress declares that—
(1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress;
(2) in any implementation of the President's policy of gradual and phased reduction of United States ground forces from the Republic of Korea, the United States should seek to accomplish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea;
(3) any implementation of this policy should be carried out with a careful regard to the interest of the United States in continuing its close relationship with the people and government of Japan, in fostering democratic practices in the Republic of Korea, and in maintaining stable relations among the countries of East Asia; and
(4) these interests can be served most effectively by a policy which involves consultations by the United States Government, as appropriate, with the governments of the region, particularly those directly involved.
(b)(1) Any implementation of the foregoing policy shall be carried out in regular consultation with the Congress.
(2) Repealed.
(
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Year 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1994—Subsec. (b)(2).
§2428b. Special security assistance for modernization of Armed Forces of Korea
(a) Transfer authority of President of defense articles and services located in Korea; applicable terms and conditions; reimbursement
(1) The President is authorized until December 31, 1982—
(A) to transfer, without reimbursement, to the Republic of Korea, only in conjunction with the withdrawal of the 2d Infantry Division and support forces from Korea, such United States Government-owned defense articles as he may determine which are located in Korea in the custody of units of the United States Army scheduled to depart from Korea; and
(B) to furnish to the Republic of Korea, without reimbursement, defense services (including technical and operational training) in Korea directly related to the United States Government-owned defense articles transferred to the Republic of Korea under this subsection.
(2) Any transfer under the authority of this section shall be made in accordance with all the terms and conditions of the Foreign Assistance Act of 1961 [
(b) Additional transfer authority of President of defense articles located outside of Korea; prerequisites for determinations respecting transfers; report by President to Congress of determinations
In order that transfers of defense articles under subsection (a) of this section will not cause significant adverse impact on the readiness of the Armed Forces of the United States, the President is authorized, in lieu of such transfers, to transfer additional defense articles from the stocks of the Department of Defense, wherever located, to the Republic of Korea to compensate for the military capability of defense articles withdrawn from Korea in any case where he determines that—
(1) the transfer of specific defense articles located in Korea would have a significant adverse impact on the readiness of the United States Armed Forces;
(2) the defense capability provided by those defense articles is needed by the Armed Forces of the Republic of Korea in order to maintain the military balance on the Korean peninsula; and
(3) a comparable defense capability could be provided by less advanced defense articles in the stocks of the Department of Defense which could be transferred without significant adverse impact on the readiness of the United States Armed Forces.
The President shall report to the Congress each determination made under this subsection prior to the transfer of the defense articles described in such determination.
(c) Report by President to Congress of types, etc., of transferred defense articles
The President shall transmit to the Congress, together with the presentation materials for security assistance programs proposed for each fiscal year through and including the fiscal year 1983, a report describing the types, quantities, and value of defense articles furnished or intended to be furnished to the Republic of Korea under this section.
(d) Repealed. Pub. L. 97–113, title VII, §734(a)(12), Dec. 29, 1981, 95 Stat. 1560
(e) Congressional policy respecting further troop withdrawals
(1) It is the sense of the Congress that further withdrawal of ground forces of the United States from the Republic of Korea may seriously risk upsetting the military balance in that region and requires full advance consultation with the Congress.
(2) Repealed.
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a)(2), is
Codification
Section was enacted as part of the International Security Assistance Act of 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1981—Subsec. (d).
Subsec. (e)(2).
§§2429, 2429a. Repealed. Pub. L. 103–236, title VIII, §826(b), Apr. 30, 1994, 108 Stat. 519
Section 2429,
Section 2429a,
Effective Date of Repeal
Repeal by section 826(b) of
§2429a–1. Annual report on nuclear transfer activities
Beginning with the fiscal year 1983 and for each fiscal year thereafter, the President shall prepare and transmit to the Congress, as part of the presentation materials for foreign assistance programs proposed for that fiscal year, a classified report describing the nuclear programs and related activities of any country for which a waiver of
(1) the extent and effectiveness of International Atomic Energy Agency safeguards at that country's nuclear facilities; and
(2) the capability, actions, and intentions of the government of that country with respect to the manufacture or acquisition of a nuclear explosive device.
(
Codification
Section was enacted as part of the International Security and Development Cooperation Act of 1981, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
§2429a–2. Enforcement of nonproliferation treaties
(a) Policy
It is the sense of the Congress that the President should instruct the United States Permanent Representative to the United Nations to enhance the role of that institution in the enforcement of nonproliferation treaties through the passage of a United Nations Security Council resolution which would state that, any non-nuclear weapon state that is found by the United Nations Security Council, in consultation with the International Atomic Energy Agency (IAEA), to have terminated, abrogated, or materially violated an IAEA full-scope safeguards agreement would be subjected to international economic sanctions, the scope of which to be determined by the United Nations Security Council.
(b) Prohibition
Notwithstanding any other provision of law, no United States assistance under the Foreign Assistance Act of 1961 [
(c) Waiver
The President may waive the application of subsection (b) of this section if—
(1) the President determines that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security; and
(2) the President reports such determination to the Congress at least 15 days in advance of any resumption of assistance to that state.
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), is
Codification
Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2429b. Transferred
Codification
Section,
SUBCHAPTER III–A—ENTERPRISE FOR THE AMERICAS INITIATIVE
§2430. Purpose
The purpose of this subchapter is to encourage and support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with interrelated actions to promote debt reduction, investment reforms, community based conservation, and sustainable use of the environment, and child survival and child development. The Facility will support these objectives through administration of debt reduction operations under this subchapter for those countries with democratically elected governments that meet investment reforms and other policy conditions.
(
Prior Provisions
A prior section 701 of
§2430a. Definitions
For purposes of this subchapter—
(1) the term "administering body" means the entity provided for in
(2) the term "Americas Framework Agreement" means an Americas Framework Agreement provided for in
(3) the term "Americas Fund" means an Enterprise for the Americas Fund provided for in
(4) the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate;
(5) the term "beneficiary country" means an eligible country with respect to which the authority of
(6) the term "eligible country" means a country designated by the President in accordance with
(7) the term "Enterprise for the Americas Board" or "Board" means the board established by
(8) the term "Facility" means the Enterprise for the Americas Facility established in the Department of the Treasury by
(
Prior Provisions
A prior section 702 of
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
§2430b. Eligibility for benefits
(a) Requirements
To be eligible for benefits from the Facility under this subchapter, a country must be a Latin American or Caribbean country—
(1) whose government is democratically elected;
(2) whose government has not repeatedly provided support for acts of international terrorism;
(3) whose government is not failing to cooperate on international narcotics control matters;
(4) whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights;
(5) that has in effect, has received approval for, or, as appropriate in exceptional circumstances, is making significant progress toward—
(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, a Fund monitored program or its equivalent, unless the President determines (after consultation with the Enterprise for the Americas Board) that such an arrangement or program (or its equivalent) could reasonably be expected to have significant adverse social or environmental effects; and
(B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association, unless the President determines (after consultation with the Enterprise for the Americas Board) that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;
(6) has put in place major investment reforms in conjunction with an Inter-American Development Bank loan or otherwise is implementing, or is making significant progress toward, an open investment regime; and
(7) if appropriate, has agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction.
(b) Eligibility determinations
Consistent with subsection (a) of this section, the President shall determine whether a country is eligible to receive benefits under this subchapter. The President shall notify the appropriate congressional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination.
(
Prior Provisions
A prior section 703 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Functions of President under this section delegated to Secretary of the Treasury by section 1 of Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R. 12107, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2430c. Reduction of certain debt
(a) Authority to reduce debt
(1) Authority
The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1992, as a result of concessional loans made to an eligible country by the United States under subchapter I of this chapter, part IV of subchapter II of this chapter, or predecessor foreign economic assistance legislation.
(2) Appropriations requirement
The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts.
(3) Certain prohibitions inapplicable
(A) A reduction of debt pursuant to this section shall not be considered assistance for purposes of any provision of law limiting assistance to a country.
(B) The authority of this section may be exercised notwithstanding
(b) Implementation of debt reduction
(1) In general
Any debt reduction pursuant to subsection (a) of this section shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations outstanding as of the date specified in subsection (a)(1) of this section.
(2) Exchange of obligations
The Facility shall notify the agency primarily responsible for administering subchapter I of this chapter of the agreement with an eligible country to exchange a new obligation for outstanding obligations pursuant to this subsection. At the direction of the Facility, the old obligations shall be canceled and a new debt obligation for the country shall be established, and the agency primarily responsible for administering subchapter I of this chapter shall make an adjustment in its accounts to reflect the debt reduction.
(
References in Text
Section 321 of the International Development and Food Assistance Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Prior Provisions
A prior section 704 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Functions of President under this section delegated to Secretary of the Treasury by section 1 of Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R. 12107, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2430d. Repayment of principal
(a) Currency of payment
The principal amount of each new obligation issued pursuant to
(b) Deposit of payments
Principal repayments of new obligations shall be deposited in the United States Government account established for principal repayments of the obligations for which those obligations were exchanged.
(
Prior Provisions
A prior section 705 of
Section Referred to in Other Sections
This section is referred to in
§2430e. Interest on new obligations
(a) Rate of interest
New obligations issued by a beneficiary country pursuant to
(b) Currency of payment; deposits
(1) Local currency
If the beneficiary country has entered into an Americas Framework Agreement, interest shall be paid in the local currency of the beneficiary country and deposited in an Americas Fund. Such interest shall be the property of the beneficiary country, until such time as it is disbursed pursuant to
(2) United States dollars
If the beneficiary country has not entered into an Americas Framework Agreement, interest shall be paid in United States dollars and deposited in the United States Government account established for interest payments of the obligations for which the new obligations were exchanged.
(c) Interest already paid
If a beneficiary country enters into an Americas Framework Agreement subsequent to the date on which interest first became due on the newly issued obligation, any interest already paid on such new obligation shall not be redeposited into the Americas Fund established for that country.
(
Prior Provisions
A prior section 706 of
Section Referred to in Other Sections
This section is referred to in
§2430f. Enterprise for the Americas Funds
(a) Establishment
Each beneficiary country that enters into an Americas Framework Agreement shall be required to establish an Enterprise for the Americas Fund to receive payments in local currency pursuant to
(b) Deposits
Local currencies deposited in an Americas Fund shall not be considered assistance for purposes of any provision of law limiting assistance to a country.
(c) Investment
Deposits made in an Americas Fund shall be invested until disbursed. Any return on such investment may be retained by the Americas Fund, without deposit in the Treasury of the United States and without further appropriation by the Congress.
(d) Disbursements
Funds in an Americas Fund shall be disbursed only pursuant to an Americas Framework Agreement.
(
Prior Provisions
A prior section 707 of
Section Referred to in Other Sections
This section is referred to in
§2430g. Americas Framework Agreements
(a) Authority
The Secretary of State is authorized, in consultation with other appropriate Government officials, to enter into an Americas Framework Agreement with any eligible country concerning the operation and use of the Americas Fund for that country. In the negotiation of such Agreements, the Secretary shall consult with the Enterprise for the Americas Board in accordance with
(b) Contents of Agreements
An Americas Framework Agreement with an eligible country shall—
(1) require that country to establish an Americas Fund;
(2) require that country to make interest payments under
(3) require that country to make prompt disbursements from the Americas Fund to the administering body described in subsection (c) of this section;
(4) when appropriate, seek to maintain the value of the local currency resources of the Americas Fund in terms of United States dollars;
(5) specify, in accordance with subsection (d) of this section, the purposes for which amounts in an Americas Fund may be used; and
(6) contain reasonable provisions for the enforcement of the terms of the agreement.
(c) Administering body
(1) In general
Funds disbursed from the Americas Fund in each beneficiary country shall be administered by a body constituted under the laws of that country.
(2) Composition
The administering body shall consist of—
(A) one or more individuals appointed by the United States Government,
(B) one or more individuals appointed by the government of the beneficiary country, and
(C) individuals who represent a broad range of—
(i) environmental nongovernmental organizations of the beneficiary country,
(ii) child survival and child development nongovernmental organizations of the beneficiary country,
(iii) local community development nongovernmental organizations of the beneficiary country, and
(iv) scientific or academic organizations or institutions of the beneficiary country.
A majority of the members of the administering body shall be individuals described in subparagraph (C).
(3) Responsibilities
The administering body—
(A) shall receive proposals for grant assistance from eligible grant recipients (as determined under subsection (e) of this section) and make grants to eligible grant recipients in accordance with the priorities agreed upon in the Americas Framework Agreement, consistent with subsection (d) of this section;
(B) shall be responsible for the management of the program and oversight of grant activities funded from resources of the Americas Fund;
(C) shall be subject, on an annual basis, to an audit of financial statements conducted in accordance with generally accepted auditing standards by an independent auditor;
(D) shall be required to grant to representatives of the United States General Accounting Office such access to books and records associated with operations of the Americas Fund as the Comptroller General of the United States may request;
(E) shall present an annual program for review each year by the Enterprise for the Americas Board; and
(F) shall submit a report each year on the activities that it undertook during the previous year to the Chair of the Enterprise for the Americas Board and to the government of the beneficiary country.
(d) Eligible activities
Grants from an Americas Fund shall be used for—
(1) activities that link the conservation and sustainable use of natural resources with local community development; and
(2) child survival and other child development activities.
(e) Grant recipients
Grants made from an Americas Fund shall be made to—
(1) nongovernmental environmental, conservation, child survival and child development, development, and indigenous peoples organizations of the beneficiary country;
(2) other appropriate local or regional entities; and
(3) in exceptional circumstances, the government of the beneficiary country.
(f) Review of larger grants
Any grant of more than $100,000 from an Americas Fund shall be subject to veto by the Government of the United States or the government of the beneficiary country.
(g) Eligibility criteria
In the event that a country ceases to meet the eligibility requirements set forth in
(
Prior Provisions
A prior section 708 of
Section Referred to in Other Sections
This section is referred to in
§2430h. Enterprise for the Americas Board
For purposes of this subchapter, the Enterprise for the Americas Board shall—
(1) advise the Secretary of State on the negotiations of Americas Framework Agreements;
(2) ensure, in consultation with—
(A) the government of the beneficiary country,
(B) nongovernmental organizations of the beneficiary country,
(C) nongovernmental organizations of the region (if appropriate),
(D) environmental, scientific, child survival and child development, and academic leaders of the beneficiary country, and
(E) environmental, scientific, child survival and child development, and academic leaders of the region (as appropriate),
that a suitable administering body is identified for each Americas Fund; and
(3) review the programs, operations, and fiscal audits of each administering body.
(
Prior Provisions
A prior section 709 of
Section Referred to in Other Sections
This section is referred to in
§2430i. Annual reports to Congress
The annual reports submitted pursuant to
(
Prior Provisions
A prior section 710 of
SUBCHAPTER IV—DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS
Prior Provisions
A prior subchapter IV, Indochina Postwar Reconstruction, consisted of sections 2431 to 2435, prior to repeal by
§2431. Findings and purposes
(a) Findings
The Congress finds the following:
(1) It is the established policy of the United States to support and seek protection of tropical forests around the world.
(2) Tropical forests provide a wide range of benefits to humankind by—
(A) harboring a major share of the Earth's biological and terrestrial resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops;
(B) playing a critical role as carbon sinks in reducing greenhouse gases in the atmosphere, thus moderating potential global climate change; and
(C) regulating hydrological cycles on which far-flung agricultural and coastal resources depend.
(3) International negotiations and assistance programs to conserve forest resources have proliferated over the past decade, but the rapid rate of tropical deforestation continues unabated.
(4) Developing countries with urgent needs for investment and capital for development have allocated a significant amount of their forests to logging concessions.
(5) Poverty and economic pressures on the populations of developing countries have, over time, resulted in clearing of vast areas of forest for conversion to agriculture, which is often unsustainable in the poor soils underlying tropical forests.
(6) Debt reduction can reduce economic pressures on developing countries and result in increased protection for tropical forests.
(7) Finding economic benefits to local communities from sustainable uses of tropical forests is critical to the protection of tropical forests.
(b) Purposes
The purposes of this subchapter are—
(1) to recognize the values received by United States citizens from protection of tropical forests;
(2) to facilitate greater protection of tropical forests (and to give priority to protecting tropical forests with the highest levels of biodiversity and under the most severe threat) by providing for the alleviation of debt in countries where tropical forests are located, thus allowing the use of additional resources to protect these critical resources and reduce economic pressures that have led to deforestation;
(3) to ensure that resources freed from debt in such countries are targeted to protection of tropical forests and their associated values; and
(4) to rechannel existing resources to facilitate the protection of tropical forests.
(
Prior Provisions
A prior section 2431,
A prior section 802 of
Short Title
For short title of this subchapter as the "Tropical Forest Conservation Act of 1998", see section 801 of
§2431a. Definitions
As used in this subchapter:
(1) Administering body
The term "administering body" means the entity provided for in
(2) Appropriate congressional committees
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.
(3) Beneficiary country
The term "beneficiary country" means an eligible country with respect to which the authority of
(4) Board
The term "Board" means the board referred to in
(5) Developing country with a tropical forest
The term "developing country with a tropical forest" means—
(A)(i) a country that has a per capita income of $725 or less in 1994 United States dollars (commonly referred to as "low-income country"), as determined and adjusted on an annual basis by the International Bank for Reconstruction and Development in its World Development Report; or
(ii) a country that has a per capita income of more than $725 but less than $8,956 in 1994 United States dollars (commonly referred to as "middle-income country"), as determined and adjusted on an annual basis by the International Bank for Reconstruction and Development in its World Development Report; and
(B) a country that contains at least one tropical forest that is globally outstanding in terms of its biological diversity or represents one of the larger intact blocks of tropical forests left, on a regional, continental, or global scale.
(6) Eligible country
The term "eligible country" means a country designated by the President in accordance with
(7) Tropical Forest Agreement
The term "Tropical Forest Agreement" or "Agreement" means a Tropical Forest Agreement provided for in
(8) Tropical Forest Facility
The term "Tropical Forest Facility" or "Facility" means the Tropical Forest Facility established in the Department of the Treasury by
(9) Tropical Forest Fund
The term "Tropical Forest Fund" or "Fund" means a Tropical Forest Fund provided for in
(
Prior Provisions
A prior section 803 of
§2431b. Establishment of Facility
There is established in the Department of the Treasury an entity to be known as the "Tropical Forest Facility" for the purpose of providing for the administration of debt reduction in accordance with this subchapter.
(
Prior Provisions
A prior section 804 of
Section Referred to in Other Sections
This section is referred to in
§2431c. Eligibility for benefits
(a) In general
To be eligible for benefits from the Facility under this subchapter, a country shall be a developing country with a tropical forest—
(1) whose government meets the requirements applicable to Latin American or Caribbean countries under paragraphs (1) through (5) and (7) of
(2) that has put in place major investment reforms, as evidenced by the conclusion of a bilateral investment treaty with the United States, implementation of an investment sector loan with the Inter-American Development Bank, World Bank-supported investment reforms, or other measures, as appropriate.
(b) Eligibility determinations
(1) In general
Consistent with subsection (a) of this section, the President shall determine whether a country is eligible to receive benefits under this subchapter.
(2) Congressional notification
The President shall notify the appropriate congressional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination.
(
Prior Provisions
A prior section 805 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2431d. Reduction of debt owed to United States as result of concessional loans under this chapter
(a) Authority to reduce debt
(1) Authority
The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1998, as a result of concessional loans made to an eligible country by the United States under subchapter I of this chapter, part IV of subchapter II of this chapter, or predecessor foreign economic assistance legislation.
(2) Authorization of appropriations
For the cost (as defined in
(A) $25,000,000 for fiscal year 1999;
(B) $75,000,000 for fiscal year 2000; and
(C) $100,000,000 for fiscal year 2001.
(3) Certain prohibitions inapplicable
(A) In general
A reduction of debt pursuant to this section shall not be considered assistance for purposes of any provision of law limiting assistance to a country.
(B) Additional requirement
The authority of this section may be exercised notwithstanding
(b) Implementation of debt reduction
(1) In general
Any debt reduction pursuant to subsection (a) of this section shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations of the type referred to in subsection (a) of this section outstanding as of the date specified in subsection (a)(1) of this section.
(2) Exchange of obligations
(A) In general
The Facility shall notify the agency primarily responsible for administering subchapter I of this chapter of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
(B) Additional requirement
At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation for the country shall be established relating to the agreement, and the agency primarily responsible for administering subchapter I of this chapter shall make an adjustment in its accounts to reflect the debt reduction.
(c) Additional terms and conditions
The following additional terms and conditions shall apply to the reduction of debt under subsection (a)(1) of this section in the same manner as such terms and conditions apply to the reduction of debt under
(1) The provisions relating to repayment of principal under
(2) The provisions relating to interest on new obligations under
(
References in Text
This chapter, referred to in section catchline, was in the original "the Foreign Assistance Act of 1961", meaning
Section 321 of the International Development and Food Assistance Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Prior Provisions
A prior section 806 of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2431e. Reduction of debt owed to United States as result of credits extended under title I of Agricultural Trade Development and Assistance Act of 1954
(a) Authority to reduce debt
(1) Authority
Notwithstanding any other provision of law, the President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1998, as a result of any credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 (
(2) Authorization of appropriations
(A) In general
For the cost (as defined in
(i) $25,000,000 for fiscal year 1999;
(ii) $50,000,000 for fiscal year 2000; and
(iii) $50,000,000 for fiscal year 2001.
(B) Limitation
The authority provided by this section shall be available only to the extent that appropriations for the cost (as defined in
(b) Implementation of debt reduction
(1) In general
Any debt reduction pursuant to subsection (a) of this section shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations of the type referred to in subsection (a) of this section outstanding as of the date specified in subsection (a)(1) of this section.
(2) Exchange of obligations
(A) In general
The Facility shall notify the Commodity Credit Corporation of an agreement entered into under paragraph (1) with an eligible country to exchange a new obligation for outstanding obligations.
(B) Additional requirement
At the direction of the Facility, the old obligations that are the subject of the agreement shall be canceled and a new debt obligation shall be established for the country relating to the agreement, and the Commodity Credit Corporation shall make an adjustment in its accounts to reflect the debt reduction.
(c) Additional terms and conditions
The following additional terms and conditions shall apply to the reduction of debt under subsection (a)(1) of this section in the same manner as such terms and conditions apply to the reduction of debt under section 604(a)(1) of the Agricultural Trade Development and Assistance Act of 1954 [
(1) The provisions relating to repayment of principal under section 605 of such Act [
(2) The provisions relating to interest on new obligations under section 606 of such Act [
(
References in Text
The Agricultural Trade Development and Assistance Act of 1954, referred to in subsec. (a)(1), is act July 10, 1954, ch. 469,
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2431f. Authority to engage in debt-for-nature swaps and debt buybacks
(a) Loans and credits eligible for sale, reduction, or cancellation
(1) Debt-for-nature swaps
(A) In general
Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser described in subparagraph (B) any concessional loans described in
(B) Eligible purchaser described
A loan or credit may be sold, reduced, or canceled under subparagraph (A) only to a purchaser who presents plans satisfactory to the President for using the loan or credit for the purpose of engaging in debt-for-nature swaps to support eligible activities described in
(C) Consultation requirement
Before the sale under subparagraph (A) to any eligible purchaser described in subparagraph (B), or any reduction or cancellation under such subparagraph (A), of any loan or credit made to an eligible country, the President shall consult with the country concerning the amount of loans or credits to be sold, reduced, or canceled and their uses for debt-for-nature swaps to support eligible activities described in
(D) Authorization of appropriations
For the cost (as defined in
(2) Debt buybacks
Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible country any concessional loans described in
(3) Limitation
The authority provided by paragraphs (1) and (2) shall be available only to the extent that appropriations for the cost (as defined in
(4) Terms and conditions
Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans and credits may be sold, reduced, or canceled pursuant to this section.
(5) Administration
(A) In general
The Facility shall notify the administrator of the agency primarily responsible for administering subchapter I of this chapter or the Commodity Credit Corporation, as the case may be, of eligible purchasers described in paragraph (1)(B) that the President has determined to be eligible under paragraph (1), and shall direct such agency or Corporation, as the case may be, to carry out the sale, reduction, or cancellation of a loan pursuant to such paragraph.
(B) Additional requirement
Such agency or Corporation, as the case may be, shall make an adjustment in its accounts to reflect the sale, reduction, or cancellation.
(b) Deposit of proceeds
The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan.
(
References to Subchapter I Deemed To Include Certain Parts of Subchapter II
References to subchapter I of this chapter are deemed to include parts IV (§2346 et seq.), VI (§2348 et seq.), and VIII (§2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by "be".
§2431g. Tropical Forest Agreement
(a) Authority
(1) In general
The Secretary of State is authorized, in consultation with other appropriate officials of the Federal Government, to enter into a Tropical Forest Agreement with any eligible country concerning the operation and use of the Fund for that country.
(2) Consultation
In the negotiation of such an Agreement, the Secretary shall consult with the Board in accordance with
(b) Contents of Agreement
The requirements contained in
(c) Administering body
(1) In general
Amounts disbursed from the Fund in each beneficiary country shall be administered by a body constituted under the laws of that country.
(2) Composition
(A) In general
The administering body shall consist of—
(i) one or more individuals appointed by the United States Government;
(ii) one or more individuals appointed by the government of the beneficiary country; and
(iii) individuals who represent a broad range of—
(I) environmental nongovernmental organizations of, or active in, the beneficiary country;
(II) local community development nongovernmental organizations of the beneficiary country; and
(III) scientific, academic, or forestry organizations of the beneficiary country.
(B) Additional requirement
A majority of the members of the administering body shall be individuals described in subparagraph (A)(iii).
(3) Responsibilities
The requirements contained in
(d) Eligible activities
Amounts deposited in a Fund shall be used only to provide grants to conserve, maintain, and restore the tropical forests in the beneficiary country, through one or more of the following activities:
(1) Establishment, restoration, protection, and maintenance of parks, protected areas, and reserves.
(2) Development and implementation of scientifically sound systems of natural resource management, including land and ecosystem management practices.
(3) Training programs to increase the scientific, technical, and managerial capacities of individuals and organizations involved in conservation efforts.
(4) Restoration, protection, or sustainable use of diverse animal and plant species.
(5) Research and identification of medicinal uses of tropical forest plant life to treat human diseases, illnesses, and health related concerns.
(6) Development and support of the livelihoods of individuals living in or near a tropical forest in a manner consistent with protecting such tropical forest.
(e) Grant recipients
(1) In general
Grants made from a Fund shall be made to—
(A) nongovernmental environmental, forestry, conservation, and indigenous peoples organizations of, or active in, the beneficiary country;
(B) other appropriate local or regional entities of, or active in, the beneficiary country; or
(C) in exceptional circumstances, the government of the beneficiary country.
(2) Priority
In providing grants under paragraph (1), priority shall be given to projects that are run by nongovernmental organizations and other private entities and that involve local communities in their planning and execution.
(f) Review of larger grants
Any grant of more than $100,000 from a Fund shall be subject to veto by the Government of the United States or the government of the beneficiary country.
(g) Eligibility criteria
In the event that a country ceases to meet the eligibility requirements set forth in
(
Section Referred to in Other Sections
This section is referred to in
§2431h. Tropical Forest Fund
(a) Establishment
Each beneficiary country that enters into a Tropical Forest Agreement under
(b) Requirements relating to operation of Fund
The following terms and conditions shall apply to the Fund in the same manner as such terms as 1 conditions apply to an Enterprise for the Americas Fund under
(1) The provision relating to deposits under subsection (b) of such section.
(2) The provision relating to investments under subsection (c) of such section.
(3) The provision relating to disbursements under subsection (d) of such section.
(
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "and".
§2431i. Board
(a) Enterprise for the Americas Board
The Enterprise for the Americas Board established under
(b) Additional membership
(1) In general
The Enterprise for the Americas Board shall be composed of an additional four members appointed by the President as follows:
(A) Two representatives from the United States Government, including a representative of the International Forestry Division of the United States Forest Service.
(B) Two representatives from private nongovernmental environmental, scientific, forestry, or academic organizations with experience and expertise in preservation, maintenance, sustainable uses, and restoration of tropical forests.
(2) Chairperson
Notwithstanding
(c) Duties
The duties described in this subsection are as follows:
(1) Advise the Secretary of State on the negotiations of Tropical Forest Agreements.
(2) Ensure, in consultation with—
(A) the government of the beneficiary country;
(B) nongovernmental organizations of the beneficiary country;
(C) nongovernmental organizations of the region (if appropriate);
(D) environmental, scientific, forestry, and academic leaders of the beneficiary country; and
(E) environmental, scientific, forestry, and academic leaders of the region (as appropriate),
that a suitable administering body is identified for each Fund.
(3) Review the programs, operations, and fiscal audits of each administering body.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§2431j. Consultations with Congress
The President shall consult with the appropriate congressional committees on a periodic basis to review the operation of the Facility under this subchapter and the eligibility of countries for benefits from the Facility under this subchapter.
(
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
§2431k. Annual reports to Congress
(a) In general
Not later than December 31 of each year, the President shall prepare and transmit to the Congress an annual report concerning the operation of the Facility for the prior fiscal year. Such report shall include—
(1) a description of the activities undertaken by the Facility during the previous fiscal year;
(2) a description of any Agreement entered into under this subchapter;
(3) a report on any Funds that have been established under this subchapter and on the operations of such Funds; and
(4) a description of any grants that have been provided by administering bodies pursuant to Agreements under this subchapter.
(b) Supplemental views in annual report
Not later than December 15 of each year, each member of the Board shall be entitled to receive a copy of the report required under subsection (a) of this section. Each member of the Board may prepare and submit supplemental views to the President on the implementation of this subchapter by December 31 for inclusion in the annual report when it is transmitted to Congress pursuant to this section.
(
Prior Provisions
Prior sections 2432 to 2435 were repealed by
Section 2432,
Section 2433,
Section 2434,
Section 2435,
Delegation of Functions
For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
SUBCHAPTER V—MIDDLE EAST ASSISTANCE
§§2441 to 2443. Repealed. Pub. L. 95–384, §12(c)(4), Sept. 26, 1978, 92 Stat. 737
Section 2441,
Section 2442,
Section 2443,