SUBCHAPTER I—INTERNATIONAL DEVELOPMENT
Part I—Declaration of Policy; Development Assistance Authorizations
§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 five principal goals:
(1) the alleviation of the worst physical manifestations of poverty among the world's poor majority;
(2) the promotion of conditions enabling developing countries to achieve self-sustaining economic growth with equitable distribution of benefits;
(3) the encouragement of development processes in which individual civil and economic rights are respected and enhanced;
(4) the integration of the developing countries into an open and equitable international economic system; and
(5) the promotion of good governance through combating corruption and improving transparency and accountability.
The Congress declares that pursuit of these goals requires that development concerns be fully reflected in United States foreign policy and that United States development resources be effectively and efficiently utilized.
(b) Coordination of development-related activities
Under the policy guidance of the Secretary of State, the agency primarily responsible for administering subchapter I of this chapter should have the responsibility for coordinating all United States development-related activities.
(
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
2000—Subsec. (a).
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 2010 Amendment
Short Title of 2008 Amendment
Short Title of 2007 Amendment
Short Title of 2006 Amendment
Short Title of 2005 Amendment
Short Title of 2004 Amendment
Short Title of 2003 Amendments
Short Title of 2002 Amendments
Short Title of 2000 Amendments
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
Lord's Resistance Army Disarmament and Northern Uganda Recovery
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) For over 2 decades, the Government of Uganda engaged in an armed conflict with the Lord's Resistance Army (LRA) in northern Uganda that led to the internal displacement of more than 2,000,000 Ugandans from their homes.
"(2) The members of the Lord's Resistance Army used brutal tactics in northern Uganda, including mutilating, abducting and forcing individuals into sexual servitude and forcing a large number of children and youth in Uganda, estimated by the Survey for War Affected Youth to be over 66,000, to fight as part of the rebel force.
"(3) The Secretary of State has placed the Lord's Resistance Army on the Terrorist Exclusion list pursuant to section 212(a)(3) of the Immigration and Nationality Act (
"(4) In late 2005, according to the United Nations Office for Coordination of Humanitarian Affairs, the Lord's Resistance Army shifted their primary base of operations from southern Sudan to northeastern Democratic Republic of Congo, and the rebels have since withdrawn from northern Uganda.
"(5) Representatives of the Government of Uganda and the Lord's Resistance Army began peace negotiations in 2006, mediated by the Government of Southern Sudan in Juba, Sudan, and signed the Cessation of Hostilities Agreement on August 20, 2006, which provided for hundreds of thousands of internally displaced people to return home in safety.
"(6) After nearly 2 years of negotiations, representatives from the parties reached the Final Peace Agreement in April 2008, but Joseph Kony, the leader of the Lord's Resistance Army, refused to sign the Final Peace Agreement in May 2008 and his forces launched new attacks in northeastern Congo.
"(7) According to the United Nations Office for the Coordination of Humanitarian Relief and the United Nations High Commissioner for Refugees, the new activity of the Lord's Resistance Army in northeastern Congo and southern Sudan since September 2008 has led to the abduction of at least 1,500 civilians, including hundreds of children, and the displacement of more than 540,000 people.
"(8) In December 2008, the military forces of Uganda, the Democratic Republic of Congo, and southern Sudan launched a joint operation against the Lord's Resistance Army's bases in northeastern Congo, but the operation failed to apprehend Joseph Kony, and his forces retaliated with a series of new attacks and massacres in Congo and southern Sudan, killing an estimated 900 people in 2 months alone.
"(9) Despite the refusal of Joseph Kony to sign the Final Peace Agreement, the Government of Uganda has committed to continue reconstruction plans for northern Uganda, and to implement those mechanisms of the Final Peace Agreement not conditional on the compliance of the Lord's Resistance Army.
"(10) Since 2008, recovery efforts in northern Uganda have moved forward with the financial support of the United States and other donors, but have been hampered by a lack of strategic coordination, logistical delays, and limited leadership from the Government of Uganda.
"SEC. 3. STATEMENT OF POLICY.
"It is the policy of the United States to work with regional governments toward a comprehensive and lasting resolution to the conflict in northern Uganda and other affected areas by—
"(1) providing political, economic, military, and intelligence support for viable multilateral efforts to protect civilians from the Lord's Resistance Army, to apprehend or remove Joseph Kony and his top commanders from the battlefield in the continued absence of a negotiated solution, and to disarm and demobilize the remaining Lord's Resistance Army fighters;
"(2) targeting assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic currently affected by the activity of the Lord's Resistance Army; and
"(3) further supporting and encouraging efforts of the Government of Uganda and civil society to promote comprehensive reconstruction, transitional justice, and reconciliation in northern Uganda as affirmed in the Northern Uganda Crisis Response Act of 2004 (
"SEC. 4. REQUIREMENT OF A STRATEGY TO SUPPORT THE DISARMAMENT OF THE LORD'S RESISTANCE ARMY.
"(a)
"(b)
"(1) A plan to help strengthen efforts by the United Nations and regional governments to protect civilians from attacks by the Lord's Resistance Army while supporting the development of institutions in affected areas that can help to maintain the rule of law and prevent conflict in the long term.
"(2) An assessment of viable options through which the United States, working with regional governments, could help develop and support multilateral efforts to eliminate the threat posed by the Lord's Resistance Army.
"(3) An interagency framework to plan, coordinate, and review diplomatic, economic, intelligence, and military elements of United States policy across the region regarding the Lord's Resistance Army.
"(4) A description of the type and form of diplomatic engagement across the region undertaken to coordinate and implement United States policy regarding the Lord's Resistance Army and to work multilaterally with regional mechanisms, including the Tripartite Plus Commission and the Great Lakes Pact.
"(5) A description of how this engagement will fit within the context of broader efforts and policy objectives in the Great Lakes Region.
"(c)
"SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS OUTSIDE UGANDA AFFECTED BY THE LORD'S RESISTANCE ARMY.
"In accordance with section 491 of the Foreign Assistance Act of 1961 (
"SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN NORTHERN UGANDA.
"(a)
"(1) to assist internally displaced people in transition and returnees to secure durable solutions by spurring economic revitalization, supporting livelihoods, helping to alleviate poverty, and advancing access to basic services at return sites, specifically clean water, health care, and schools;
"(2) to enhance the accountability and administrative competency of local governance institutions and public agencies in northern Uganda with regard to budget management, provision of public goods and services, and related oversight functions;
"(3) to strengthen the operational capacity of the civilian police in northern Uganda to enhance public safety, prevent crime, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses;
"(4) to rebuild and improve the capacity of the justice system in northern Uganda, including the courts and penal systems, with particular sensitivity to the needs and rights of women and children;
"(5) to establish mechanisms for the disarmament, demobilization, and reintegration of former combatants and those abducted by the LRA, including vocational education and employment opportunities, with attention given to the roles and needs of men, women and children; and
"(6) to promote programs to address psychosocial trauma, particularly post-traumatic stress disorder.
"(b)
"(1) finalizing the establishment of mechanisms within the Office of the Prime Minister to sufficiently manage and coordinate the programs under the framework of the Peace Recovery and Development Plan for Northern Uganda (PRDP);
"(2) increasing oversight activities and reporting, at the local and national level in Uganda, to ensure funds under the Peace Recovery and Development Plan for Northern Uganda framework are used efficiently and with minimal waste; and
"(3) committing substantial funds of its own, above and beyond standard budget allocations to local governments, to the task of implementing the Peace Recovery and Development Plan for Northern Uganda such that communities affected by the war can recover.
"(c)
"(d)
"SEC. 7. ASSISTANCE FOR RECONCILIATION AND TRANSITIONAL JUSTICE IN NORTHERN UGANDA.
"(a)
"(b)
"(1) a body to investigate the history of the conflict, inquire into human rights violations committed during the conflict by all sides, promote truth-telling in communities, and encourage the preservation of the memory of events and victims of the conflict through memorials, archives, commemorations, and other forms of preservation;
"(2) a special division of the High Court of Uganda to try individuals alleged to have committed serious crimes during the conflict, and a special unit to carry out investigations and prosecutions in support of trials;
"(3) a system for making reparations to victims of the conflict; and
"(4) a review and strategy for supporting transitional justice mechanisms in affected areas to promote reconciliation and encourage individuals to take personal responsibility for their conduct during the war.
"SEC. 8. REPORT.
"(a)
"(b)
"(1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4;
"(2) a description of assistance provided under sections 5, 6, and 7;
"(3) an evaluation of bilateral assistance provided to the Republic of Uganda and associated programs in light of stated policy objectives;
"(4) a description of the status of the Peace Recovery and Development Plan for Northern Uganda and the progress of the Government of Uganda in fulfilling the steps outlined in section 6(b); and
"(5) a description of amounts of assistance committed, and amounts provided, to northern Uganda during the reporting period by the Government of Uganda and each donor country.
"(c)
"SEC. 9. SENSE OF CONGRESS ON FUNDING.
"It is the sense of Congress that—
"(1) of the total amounts to be appropriated for fiscal year 2011 for the Department of State and foreign operations, up to $10,000,000 should be used to carry out activities under section 5; and
"(2) of the total amounts to be appropriated for fiscal year 2011 through 2013 for the Department of State and foreign operations, up to $10,000,000 in each such fiscal year should be used to carry out activities under section 7.
"SEC. 10. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3) LRA-
Strategy for United States-Led Provincial Reconstruction Teams in Iraq
"(a)
"(1) supporting the operational and strategic goals of the Multi-National Force–Iraq; and
"(2) developing the capacity of national, provincial, and local government and other civil institutions in Iraq to assume increasing responsibility for the formulation, implementation, and oversight of reconstruction and development activities.
"(b)
"(1) a mission statement and clearly defined objectives for United States-led PRTs as a whole;
"(2) a mission statement and clearly defined objectives for each United States-led PRT; and
"(3) measures of effectiveness and performance indicators for meeting the objectives of each United States-led PRT as described in paragraph (2).
"(c)
"(1)
"(2)
"(d)
"(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
"(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate."
Middle East Foundation
"(a)
"(1) civil society;
"(2) opportunities for political participation for all citizens;
"(3) protections for internationally recognized human rights, including the rights of women;
"(4) educational system reforms;
"(5) independent media;
"(6) policies that promote economic opportunities for citizens;
"(7) the rule of law; and
"(8) democratic processes of government.
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(c)
"(1)
"(2)
"(3)
"(d)
"(1) make the Foundation an agency or establishment of the United States Government, or to make the officers or employees of the Foundation officers or employees of the United States for purposes of
"(2) impose any restriction on the Foundation's acceptance of funds from private and public sources in support of its activities consistent with the purposes specified in subsection (a).
"(e)
"(f)
"(g)
"(1)
"(2)
"(3)
"(A)
"(B)
"(i) separate accounts with respect to the grant funds;
"(ii) records that fully disclose the use of the grant funds;
"(iii) records describing the total cost of any project carried out using grant funds; and
"(iv) the amount and nature of any funds received from other sources that were combined with the grant funds to carry out a project.
"(h)
"(1) the operations and activities of the Foundation that were carried out using funds provided under this section;
"(2) grants made by the Foundation to other entities with funds provided under this section;
"(3) other activities of the Foundation to further the purposes specified in subsection (a); and
"(4) the financial condition of the Foundation.
"(i)
"(j)
[For definition of "appropriate congressional committees" as used in section 2021 of
Democratic Republic of the Congo Relief, Security, and Democracy Promotion
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act of 2006'.
"TITLE I—BILATERAL ACTION ON ADDRESSING URGENT NEEDS IN THE DEMOCRATIC REPUBLIC OF THE CONGO
"SEC. 101. FINDINGS.
"Congress makes the following findings:
"(1) The National Security Strategy of the United States, dated September 17, 2002, concludes that '[i]n Africa, promise and opportunity sit side-by-side with disease, war, and desperate poverty. This threatens both a core value of the United States preserving human dignity and our strategic priority combating global terror. American interests and American principles, therefore, lead in the same direction: we will work with others for an African continent that lives in liberty, peace, and growing prosperity.'.
"(2) On February 16, 2005, the Director of the Central Intelligence Agency testified, 'In Africa, chronic instability will continue to hamper counterterrorism efforts and pose heavy humanitarian and peacekeeping burdens.'.
"(3) According to the United States Agency for International Development, 'Given its size, population, and resources, the Congo is an important player in Africa and of long-term interest to the United States.'.
"(4) The Democratic Republic of the Congo is 2,345,410 square miles (approximately ¼ the size of the United States), lies at the heart of Africa, and touches every major region of sub-Saharan Africa. Therefore, a secure, peaceful, and prosperous Democratic Republic of the Congo would have a profound impact on progress throughout Africa.
"(5) The most recent war in the Democratic Republic of the Congo, which erupted in 1998, spawned some of the world's worst human rights atrocities and drew in six neighboring countries.
"(6) Despite the conclusion of a peace agreement and subsequent withdrawal of foreign forces in 2003, both the real and perceived presence of armed groups hostile to the Governments of Uganda, Rwanda, and Burundi continue to serve as a major source of regional instability and an apparent pretext for continued interference in the Democratic Republic of the Congo by its neighbors.
"(7) A mortality study completed in December 2004 by the International Rescue Committee found that 31,000 people were dying monthly and 3,800,000 people had died in the previous six years because of the conflict in the Democratic Republic of the Congo and resulting disintegration of the social service infrastructure, making this one of the deadliest conflicts since World War II.
"(8) In 2004, Amnesty International estimated that at least 40,000 women and girls were systematically raped and tortured in the Democratic Republic of the Congo since 1998, and nearly two-thirds of ongoing abuses against women and girls are perpetrated by members of the security forces, particularly the Forces Armes de la Republique Democratique du Congo (FARDC) and the Police Nationale Congolaise (PNC).
"(9) According to the Department of State, 'returning one of Africa's largest countries [the Democratic Republic of the Congo] to full peace and stability will require significant United States investments in support of national elections, the reintegration of former combatants, the return and reintegration of refugees and [internally displaced persons], establishment of central government control over vast territories, and promotion of national reconciliation and good governance'.
"SEC. 102. STATEMENT OF POLICY.
"It is the policy of the United States—
"(1) to help promote, reinvigorate, and support the political process in the Democratic Republic of the Congo in order to press all parties in the Transitional National Government and the succeeding government to implement fully and to institutionalize mechanisms, including national and international election observers, fair and transparent voter registration procedures, and a significant civic awareness and public education campaign created for the July 30, 2006, elections and future elections in the Democratic Republic of the Congo, to ensure that elections are carried out in a fair and democratic manner;
"(2) to urge the Government of the Democratic Republic of the Congo to recognize and act upon its responsibilities to immediately bring discipline to its security forces, hold those individuals responsible for atrocities and other human rights violations, particularly the rape of women and girls as an act of war, accountable and bring such individuals to justice;
"(3) to help ensure that, once a stable national government is established in the Democratic Republic of the Congo, it is committed to multiparty democracy, open and transparent governance, respect for human rights and religious freedom, ending the violence throughout the country, promoting peace and stability with its neighbors, rehabilitating the national judicial system and enhancing the rule of law, combating corruption, instituting economic reforms to promote development, and creating an environment to promote private investment;
"(4) to assist the Government of the Democratic Republic of the Congo as it seeks to meet the basic needs of its citizens, including security, safety, and access to health care, education, food, shelter, and clean drinking water;
"(5) to support security sector reform by assisting the Government of the Democratic Republic of the Congo to establish a viable and professional national army and police force that respects human rights and the rule of law, is under effective civilian control, and possesses a viable presence throughout the entire country, provided the Democratic Republic of the Congo meets all requirements for United States military assistance under existing law;
"(6) to help expedite planning and implementation of programs associated with the disarmament, demobilization, repatriation, reintegration, and rehabilitation process in the Democratic Republic of the Congo;
"(7) to support efforts of the Government of the Democratic Republic of the Congo, the United Nations Peacekeeping Mission in the Democratic Republic of the Congo (MONUC), and other entities, as appropriate, to disarm, demobilize, and repatriate the Democratic Forces for the Liberation of Rwanda and other illegally armed groups;
"(8) to make all efforts to ensure that the Government of the Democratic Republic of the Congo—
"(A) is committed to responsible and transparent management of natural resources across the country; and
"(B) takes active measures—
"(i) to promote economic development;
"(ii) to hold accountable individuals who illegally exploit the country's natural resources; and
"(iii) to implement the Extractive Industries Transparency Initiative by enacting laws requiring disclosure and independent auditing of company payments and government receipts for natural resource extraction;
"(9) to promote a viable civil society and to enhance nongovernmental organizations and institutions, including religious organizations, the media, political parties, trade unions, and trade and business associations, that can act as a stabilizing force and effective check on the government;
"(10) to help rebuild and enhance infrastructure, communications, and other mechanisms that will increase the ability of the central government to manage internal affairs, encourage economic development, and facilitate relief efforts of humanitarian organizations;
"(11) to help halt the high prevalence of sexual abuse and violence perpetrated against women and children in the Democratic Republic of the Congo and mitigate the detrimental effects from acts of this type of violence by undertaking a number of health, education, and psycho-social support programs;
"(12) to work aggressively on a bilateral basis to urge governments of countries contributing troops to the United Nations Peacekeeping Mission in the Democratic Republic of the Congo (MONUC) to enact and enforce laws on trafficking in persons and sexual abuse that meet international standards, promote codes of conduct for troops serving as part of United Nations peacekeeping missions, and immediately investigate and punish citizens who are responsible for abuses in the Democratic Republic of the Congo;
"(13) to assist the Government of the Democratic Republic of the Congo as undertakes steps to—
"(A) protect internally displaced persons and refugees in the Democratic Republic of the Congo and border regions from all forms of violence, including gender-based violence and other human rights abuses;
"(B) address other basic needs of vulnerable populations with the goal of allowing these conflict-affected individuals to ultimately return to their homes; and
"(C) assess the magnitude of the problem of orphans from conflict and HIV/AIDS in the Democratic Republic of the Congo, and work to establish a program of national support;
"(14) to engage with governments working to promote peace and security throughout the Democratic Republic of the Congo and hold accountable individuals, entities, and countries working to destabilize the country; and
"(15) to promote appropriate use of the forests of the Democratic Republic of the Congo in a manner that benefits the rural population in that country that depends on the forests for their livelihoods and protects national and environmental interests.
"SEC. 103. BILATERAL ASSISTANCE TO THE DEMOCRATIC REPUBLIC OF THE CONGO.
"(a)
"(b)
"(c)
"SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO.
"(a)
"(1) the Government of the Democratic Republic of the Congo must be committed to achieving the policy objectives described in section 102 if the efforts of the United States and other members of the international community are to be effective in bringing relief, security, and democracy to the country;
"(2) the Government of the Democratic Republic of the Congo should immediately exercise control over and discipline its armed forces, stop the mass rapes at the hands of its armed forces, and hold those responsible for these acts accountable before an appropriate tribunal;
"(3) the Government of the Democratic Republic of the Congo, in collaboration with international aid agencies, should establish expert teams to assess the needs of the victims of rape and provide health, counseling, and social support services that such victims need; and
"(4) the international community, through the United Nations peacekeeping mission, humanitarian and development relief, and other forms of assistance, is providing a substantial amount of funding that is giving the Government of the Democratic Republic of the Congo an opportunity to make progress towards accomplishing the policy objectives described in section 102, but this assistance cannot continue in perpetuity.
"(b)
"SEC. 105. WITHHOLDING OF ASSISTANCE.
"The Secretary of State is authorized to withhold assistance made available under the Foreign Assistance Act of 1961 (
"SEC. 106. REPORT ON PROGRESS TOWARD ACCOMPLISHING POLICY OBJECTIVES.
"(a)
"(b)
"(1) a description of any major impediments that prevent the accomplishment of the policy objectives described in section 102, including any destabilizing activities undertaken in the Democratic Republic of Congo by governments of neighboring countries;
"(2) an evaluation of United States policies and foreign assistance programs designed to accomplish such policy objectives; and
"(3) recommendations for—
"(A) improving the policies and programs referred to in paragraph (2); and
"(B) any additional bilateral or multilateral actions necessary to promote peace and prosperity in the Democratic Republic of the Congo.
"SEC. 107. SPECIAL ENVOY FOR THE GREAT LAKES REGION.
"Not later than 60 days after the date of the enactment of this Act [Dec. 22, 2006], the President should appoint a Special Envoy for the Great Lakes Region to help coordinate efforts to resolve the instability and insecurity in Eastern Congo.
"TITLE II—MULTILATERAL ACTIONS TO ADDRESS URGENT NEEDS IN THE DEMOCRATIC REPUBLIC OF THE CONGO
"SEC. 201. PROMOTION OF UNITED STATES POLICY TOWARD THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE UNITED NATIONS SECURITY COUNCIL.
"The United States should use its voice and vote in the United Nations Security Council—
"(1) to address exploitation at the United Nations Peacekeeping Mission in the Democratic Republic of the Congo (MONUC) by continuing to urge, when credible allegations exist, appropriate investigation of alleged perpetrators and, as necessary, prosecution of United Nations personnel responsible for sexual abuses in the Democratic Republic of the Congo;
"(2) to conclude at the earliest possible date a Memorandum of Understanding relating to binding codes of conduct and programs for the prevention of sexual abuse and trafficking in persons to be undertaken by the United Nations for all countries that contribute troops to MONUC, to include the assumption of personal liability for the provision of victims assistance and child support, as appropriate, by those who violate the codes of conduct;
"(3) to strengthen the authority and capacity of MONUC by—
"(A) providing specific authority and obligation to prevent and effectively counter imminent threats;
"(B) clarifying and strengthening MONUC's rules of engagement to enhance the protection of vulnerable civilian populations;
"(C) enhancing the surveillance and intelligence-gathering capabilities available to MONUC;
"(D) where consistent with United States policy, making available personnel, communications, and military assets that improve the effectiveness of robust peacekeeping, mobility, and command and control capabilities of MONUC; and
"(E) providing MONUC with the authority and resources needed to effectively monitor arms trafficking and natural resource exploitation at key border posts and airfields in the eastern part of the Democratic Republic of the Congo;
"(4) to encourage regular visits of the United Nations Security Council to monitor the situation in the Democratic Republic of the Congo;
"(5) to ensure that the practice of recruiting and arming children in the Democratic Republic of the Congo is immediately halted pursuant to Security Council Resolutions 1460 (2003) and 1539 (2004);
"(6) to strengthen the arms embargo imposed pursuant to Security Council Resolution 1493 (2003) and ensure that violators are held accountable through appropriate measures, including the possible imposition of sanctions;
"(7) to allow for the more effective protection and monitoring of natural resources in the Democratic Republic of the Congo, especially in the eastern part of the country, and for public disclosure and independent auditing of natural resource revenues to help ensure transparent and accountable management of these revenues;
"(8) to press countries in the Congo region to help facilitate an end to the violence in the Democratic Republic of the Congo and promote relief, security, and democracy throughout the region; and
"(9) to encourage the United Nations Secretary-General to become more involved in completing the policy objectives described in paragraphs (1) and (2) of section 102 and ensure that recent fighting in North Kivu, which displaced over 150,000 people, as well as fighting in Ituri and other areas, does not create widespread instability throughout the country.
"SEC. 202. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND DEVELOPMENT ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.
"(a)
"(b)
Promotion of Democracy for Iran
"SEC. 301. DECLARATION OF POLICY.
"(a)
"(1) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and
"(2) to support independent human rights and peaceful pro-democracy forces in Iran.
"(b)
"SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
"(a)
"(1)
"(2)
"(b)
"(1) officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (
"(2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel;
"(3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran;
"(4) is dedicated to respect for human rights, including the fundamental equality of women;
"(5) works to establish equality of opportunity for people; and
"(6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.
"(c)
"(1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and
"(2) amounts made available pursuant to the authorization of appropriations under subsection (g).
"(d)
"(e)
"(1) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora;
"(2) officials and representatives of the United States should—
"(A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and
"(B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press.
"(f)
"(g)
Syria Accountability and Lebanese Sovereignty Restoration
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Syria Accountability and Lebanese Sovereignty Restoration Act of 2003'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) On June 24, 2002, President Bush stated 'Syria must choose the right side in the war on terror by closing terrorist camps and expelling terrorist organizations'.
"(2) United Nations Security Council Resolution 1373 (September 28, 2001) mandates that all states 'refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts', take 'the necessary steps to prevent the commission of terrorist acts', and 'deny safe haven to those who finance, plan, support, or commit terrorist acts'.
"(3) The Government of Syria is currently prohibited by United States law from receiving United States assistance because it has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State for purposes of section 6(j)(1) of the Export Administration Act of 1979 (
"(4) Although the Department of State lists Syria as a state sponsor of terrorism and reports that Syria provides 'safe haven and support to several terrorist groups', fewer United States sanctions apply with respect to Syria than with respect to any other country that is listed as a state sponsor of terrorism.
"(5) Terrorist groups, including Hizballah, Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine—General Command, maintain offices, training camps, and other facilities on Syrian territory, and operate in areas of Lebanon occupied by the Syrian armed forces and receive supplies from Iran through Syria.
"(6) United Nations Security Council Resolution 520 (September 17, 1982) calls for 'strict respect of the sovereignty, territorial integrity, unity and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese Army throughout Lebanon'.
"(7) Approximately 20,000 Syrian troops and security personnel occupy much of the sovereign territory of Lebanon exerting undue influence upon its government and undermining its political independence.
"(8) Since 1990 the Senate and House of Representatives have passed seven bills and resolutions which call for the withdrawal of Syrian armed forces from Lebanon.
"(9) On March 3, 2003, Secretary of State Colin Powell declared that it is the objective of the United States to 'let Lebanon be ruled by the Lebanese people without the presence of [the Syrian] occupation army'.
"(10) Large and increasing numbers of the Lebanese people from across the political spectrum in Lebanon have mounted peaceful and democratic calls for the withdrawal of the Syrian Army from Lebanese soil.
"(11) Israel has withdrawn all of its armed forces from Lebanon in accordance with United Nations Security Council Resolution 425 (March 19, 1978), as certified by the United Nations Secretary General.
"(12) Even in the face of this United Nations certification that acknowledged Israel's full compliance with Security Council Resolution 425, Syrian- and Iranian-supported Hizballah continues to attack Israeli outposts at Shebaa Farms, under the pretense that Shebaa Farms is territory from which Israel was required to withdraw by Security Counsel Resolution 425, and Syrian- and Iranian-supported Hizballah and other militant organizations continue to attack civilian targets in Israel.
"(13) Syria will not allow Lebanon—a sovereign country—to fulfill its obligation in accordance with Security Council Resolution 425 to deploy its troops to southern Lebanon.
"(14) As a result, the Israeli-Lebanese border and much of southern Lebanon is under the control of Hizballah, which continues to attack Israeli positions, allows Iranian Revolutionary Guards and other militant groups to operate freely in the area, and maintains thousands of rockets along Israel's northern border, destabilizing the entire region.
"(15) On February 12, 2003, Director of Central Intelligence George Tenet stated the following with respect to the Syrian- and Iranian-supported Hizballah: '[A]s an organization with capability and worldwide presence [it] is [al Qaeda's] equal if not a far more capable organization * * * [T]hey're a notch above in many respects, in terms of in their relationship with the Iranians and the training they receive, [which] puts them in a state-sponsored category with a potential for lethality that's quite great.'.
"(16) In the State of the Union address on January 29, 2002, President Bush declared that the United States will 'work closely with our coalition to deny terrorists and their state sponsors the materials, technology, and expertise to make and deliver weapons of mass destruction'.
"(17) The Government of Syria continues to develop and deploy short- and medium-range ballistic missiles.
"(18) According to the December 2001 unclassified Central Intelligence Agency report entitled 'Foreign Missile Developments and the Ballistic Missile Threat through 2015', 'Syria maintains a ballistic missile and rocket force of hundreds of FROG rockets, Scuds, and SS–21 SRBMs [and] Syria has developed [chemical weapons] warheads for its Scuds'.
"(19) The Government of Syria is pursuing the development and production of biological and chemical weapons and has a nuclear research and development program that is cause for concern.
"(20) According to the Central Intelligence Agency's 'Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions', released January 7, 2003: '[Syria] already holds a stockpile of the nerve agent sarin but apparently is trying to develop more toxic and persistent nerve agents. Syria remains dependent on foreign sources for key elements of its [chemical weapons] program, including precursor chemicals and key production equipment. It is highly probable that Syria also is developing an offensive [biological weapons] capability.'.
"(21) On May 6, 2002, the Under Secretary of State for Arms Control and International Security, John Bolton, stated: 'The United States also knows that Syria has long had a chemical warfare program. It has a stockpile of the nerve agent sarin and is engaged in research and development of the more toxic and persistent nerve agent VX. Syria, which has signed but not ratified the [Biological Weapons Convention], is pursuing the development of biological weapons and is able to produce at least small amounts of biological warfare agents.'.
"(22) According to the Central Intelligence Agency's 'Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions', released January 7, 2003: 'Russia and Syria have approved a draft cooperative program on cooperation on civil nuclear power. In principal, broader access to Russian expertise provides opportunities for Syria to expand its indigenous capabilities, should it decide to pursue nuclear weapons.'.
"(23) Under the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483), which entered force on March 5, 1970, and to which Syria is a party, Syria has undertaken not to acquire or produce nuclear weapons and has accepted full scope safeguards of the International Atomic Energy Agency to detect diversions of nuclear materials from peaceful activities to the production of nuclear weapons or other nuclear explosive devices.
"(24) Syria is not a party to the Chemical Weapons Convention or the Biological Weapons Convention, which entered into force on April 29, 1997, and on March 26, 1975, respectively.
"(25) Syrian President Bashar Assad promised Secretary of State Powell in February 2001 to end violations of Security Council Resolution 661, which restricted the sale of oil and other commodities by Saddam Hussein's regime, except to the extent authorized by other relevant resolutions, but this pledge was never fulfilled.
"(26) Syria's illegal imports and transshipments of Iraqi oil during Saddam Hussein's regime earned Syria $50,000,000 or more per month as Syria continued to sell its own Syrian oil at market prices.
"(27) Syria's illegal imports and transshipments of Iraqi oil earned Saddam Hussein's regime $2,000,000 per day.
"(28) On March 28, 2003, Secretary of Defense Donald Rumsfeld warned: '[W]e have information that shipments of military supplies have been crossing the border from Syria into Iraq, including night-vision goggles * * * These deliveries pose a direct threat to the lives of coalition forces. We consider such trafficking as hostile acts, and will hold the Syrian government accountable for such shipments.'.
"(29) According to Article 23(1) of the United Nations Charter, members of the United Nations are elected as nonpermanent members of the United Nations Security Council with 'due regard being specially paid, in the first instance to the contribution of members of the United Nations to the maintenance of international peace and security and to other purposes of the Organization'.
"(30) Despite Article 23(1) of the United Nations Charter, Syria was elected on October 8, 2001, to a 2-year term as a nonpermanent member of the United Nations Security Council beginning January 1, 2002, and served as President of the Security Council during June 2002 and August 2003.
"(31) On March 31, 2003, the Syrian Foreign Minister, Farouq al-Sharra, made the Syrian regime's intentions clear when he explicitly stated that 'Syria's interest is to see the invaders defeated in Iraq'.
"(32) On April 13, 2003, Secretary of Defense Donald Rumsfeld charged that 'busloads' of Syrian fighters entered Iraq with 'hundreds of thousands of dollars' and leaflets offering rewards for dead American soldiers.
"(33) On September 16, 2003, the Under Secretary of State for Arms Control and International Security, John Bolton, appeared before the Subcommittee on the Middle East and Central Asia of the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives, and underscored Syria's 'hostile actions' toward coalition forces during Operation Iraqi Freedom. Under Secretary Bolton added that: 'Syria allowed military equipment to flow into Iraq on the eve of and during the war. Syria permitted volunteers to pass into Iraq to attack and kill our service members during the war, and is still doing so * * * [Syria's] behavior during Operation Iraqi Freedom underscores the importance of taking seriously reports and information on Syria's WMD capabilities.'.
"(34) During his appearance before the Committee on International Relations of the House of Representatives on September 25, 2003, Ambassador L. Paul Bremer, III, Administrator of the Coalition Provisional Authority in Iraq, stated that out of the 278 third-country nationals who were captured by coalition forces in Iraq, the 'single largest group are Syrians'.
"SEC. 3. SENSE OF CONGRESS.
"It is the sense of Congress that—
"(1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine—General Command;
"(2) the Government of Syria should—
"(A) immediately and unconditionally stop facilitating transit from Syria to Iraq of individuals, military equipment, and all lethal items, except as authorized by the Coalition Provisional Authority or a representative, internationally recognized Iraqi government;
"(B) cease its support for 'volunteers' and terrorists who are traveling from and through Syria into Iraq to launch attacks; and
"(C) undertake concrete, verifiable steps to deter such behavior and control the use of territory under Syrian control;
"(3) the Government of Syria should immediately declare its commitment to completely withdraw its armed forces, including military, paramilitary, and security forces, from Lebanon, and set a firm timetable for such withdrawal;
"(4) the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (September 17, 1982), in order to assert the sovereignty of the Lebanese state over all of its territory, and should evict all terrorist and foreign forces from southern Lebanon, including Hizballah and the Iranian Revolutionary Guards;
"(5) the Government of Syria should halt the development and deployment of medium- and long-range surface-to-surface missiles and cease the development and production of biological and chemical weapons;
"(6) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace;
"(7) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence, as called for in United Nations Security Council Resolution 520; and
"(8) as a violator of several key United Nations Security Council resolutions and as a nation that pursues policies which undermine international peace and security, Syria should not have been permitted to join the United Nations Security Council or serve as the Security Council's President, and should be removed from the Security Council.
"SEC. 4. STATEMENT OF POLICY.
"It is the policy of the United States that—
"(1) Syria should bear responsibility for attacks committed by Hizballah and other terrorist groups with offices, training camps, or other facilities in Syria, or bases in areas of Lebanon occupied by Syria;
"(2) the United States will work to deny Syria the ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction;
"(3) the Secretary of State will continue to list Syria as a state sponsor of terrorism until Syria ends its support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with United States law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001);
"(4) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the national security interest of the United States;
"(5) Syria is in violation of United Nations Security Council Resolution 520 (September 17, 1982) through its continued occupation of Lebanese territory and its encroachment upon Lebanon's political independence;
"(6) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli-Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520;
"(7) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and the national security interests of the United States;
"(8) Syria will be held accountable for any harm to Coalition armed forces or to any United States citizen in Iraq if the government of Syria is found to be responsible due to its facilitation of terrorist activities and its shipments of military supplies to Iraq; and
"(9) the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria ends all support for terrorism, withdraws its armed forces from Lebanon, and halts the development and deployment of weapons of mass destruction and medium- and long-range surface-to-surface ballistic missiles.
"SEC. 5. PENALTIES AND AUTHORIZATION.
"(a)
"(1) the President shall prohibit the export to Syria of any item, including the issuance of a license for the export of any item, on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations (15 CFR part 730 et seq.); and
"(2) the President shall impose two or more of the following sanctions:
"(A) Prohibit the export of products of the United States (other than food and medicine) to Syria.
"(B) Prohibit United States businesses from investing or operating in Syria.
"(C) Restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively.
"(D) Prohibit aircraft of any air carrier owned or controlled by Syria to take off from, land in, or overfly the United States.
"(E) Reduce United States diplomatic contacts with Syria (other than those contacts required to protect United States interests or carry out the purposes of this Act).
"(F) Block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States.
"(b)
"(c)
"(1) makes the determination that Syria meets the requirements described in paragraphs (1) through (4) of subsection (d) and certifies such determination to Congress in accordance with such subsection;
"(2) determines that substantial progress has been made both in negotiations aimed at achieving a peace agreement between Israel and Syria and in negotiations aimed at achieving a peace agreement between Israel and Lebanon; and
"(3) determines that the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under paragraph (4) of United Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance to Syria under
"(d)
"(1) the Government of Syria has ceased providing support for international terrorist groups and does not allow terrorist groups, such as Hamas, Hizballah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine—General Command to maintain facilities in territory under Syrian control;
"(2) the Government of Syria ended its occupation of Lebanon described in section 2(7) of this Act;
"(3) the Government of Syria has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles, is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, has provided credible assurances that such behavior will not be undertaken in the future, and has agreed to allow United Nations and other international observers to verify such actions and assurances; and
"(4) the Government of Syria has ceased all support for, and facilitation of, all terrorist activities inside of Iraq, including preventing the use of territory under its control by any means whatsoever to support those engaged in terrorist activities inside of Iraq.
"SEC. 6. REPORT.
"(a)
"(1) Syria's progress toward meeting the conditions described in paragraphs (1) through (4) of section 5(d);
"(2) connections, if any, between individual terrorists and terrorist groups which maintain offices, training camps, or other facilities on Syrian territory, or operate in areas of Lebanon occupied by the Syrian armed forces, and terrorist attacks on the United States or its citizens, installations, or allies; and
"(3) how the United States is increasing its efforts against Hizballah and other terrorist organizations supported by Syria.
"(b)
"SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
"In this Act, the term 'appropriate congressional committees' means the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate."
[For delegation of functions of President under section 5(b) of
Iraq Relief and Reconstruction Fund
"
"(1) The use of all funds on a project-by-project basis for which funds appropriated under such heading were obligated prior to the submission of the report, including estimates by the CPA of the costs required to complete each project.
"(2) The distribution of duties and responsibilities regarding such projects among the agencies of the United States Government.
"(3) Revenues to the CPA attributable to or consisting of funds provided by foreign governments and international organizations, disaggregated by donor, any obligations or expenditures of such revenues, and the purpose of such obligations and expenditures.
"(4) Revenues to the CPA attributable to or consisting of foreign assets seized or frozen, any obligations or expenditures of such revenues, and the purpose of such obligations and expenditures.
"(b) Any proposed new projects and increases in funding of ongoing projects shall be reported to the Committees on Appropriations in accordance with regular notification procedures.
"(c) The report required by subsection (a) shall be updated and submitted to the Committees on Appropriations every 3 months and shall include information on how the estimates and assumptions contained in previous reports have changed.
"(d) The requirements of this section shall expire on October 1, 2007.
"
Reports on Iraqi Oil Production and Revenues
"(1) The Coalition Provisional Authority (CPA) shall, on a monthly basis until September 30, 2006, submit a report to the Committees on Appropriations which details, for the preceding month, Iraqi oil production and oil revenues, and uses of such revenues.
"(2) The first report required by this subsection shall be submitted not later than 30 days after enactment of this Act [Nov. 6, 2003].
"(3) The reports required by this subsection shall also be made publicly available in both English and Arabic, including through the CPA's Internet website."
Reports on United States Strategy for Relief and Reconstruction in Iraq
"(a)
"(1) The distribution of duties and responsibilities regarding such activities among agencies of the United States Government, including the Department of State, the United States Agency for International Development, and the Department of Defense (to be provided within 30 days of enactment of this Act).
"(2) A detailed plan describing the roles and responsibilities of foreign governments and international organizations including the United Nations, in carrying out activities related to post-conflict security, humanitarian assistance, governance, and reconstruction in Iraq.
"(3) A strategy for coordinating such activities among the United States Government, foreign governments and international organizations, including the United Nations.
"(4) An initial estimate of the costs expected to be associated with such activities.
"(5) A strategy for distributing the responsibility for paying costs associated with reconstruction activities in Iraq among the United States, foreign governments, and international organizations, including the United Nations, and an estimate of the revenue expected to be generated by Iraqi oil production that could be used to pay such costs.
"(b)
"(1) A list of significant United States Government-funded activities related to reconstruction in Iraq that, during the 90-day period ending 15 days prior to the date the report is submitted to the Committees on Appropriations—
"(A) were initiated; or
"(B) were completed.
"(2) A list of the significant activities related to reconstruction in Iraq that the President anticipates initiating during the 90-day period beginning on the date the report is submitted to the Committees on Appropriations, including:
"(A) Cost estimates for carrying out the proposed activities.
"(B) The source of the funds that will be used to pay such costs.
"(3) Updated strategies, if changes are proposed regarding matters included in the reports required under subsection (a).
"(4) An updated list of the financial pledges and contributions made by foreign governments or international organizations to fund activities related to humanitarian, governance, and reconstruction assistance in Iraq."
Community-Based Police Assistance for Jamaica and El Salvador
"(a)
"(b)
"(1) The Administrator of the United States Agency for International Development shall submit, at the time of submission of the agency's Congressional Budget Justification Document for fiscal year 2004, and annually thereafter, a report to the Committees on Appropriations describing the progress these programs are making toward improving police relations with the communities they serve and institutionalizing an effective community-based police program.
"(2) The requirements of paragraph (1) are in lieu of the requirements contains [sic] in section 587(b) of
"(c)
Provisions similar to section 582(a), (c) of div. E of
Assistance for Zimbabwe
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Zimbabwe Democracy and Economic Recovery Act of 2001'.
"SEC. 2. STATEMENT OF POLICY.
"It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
"(a)
"(1) Through economic mismanagement, undemocratic practices, and the costly deployment of troops to the Democratic Republic of the Congo, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for Reconstruction and Development and International Monetary Fund programs, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe's economy. The people of Zimbabwe have thus been denied the economic and democratic benefits envisioned by the donors to such programs, including the United States.
"(2) In September 1999 the IMF suspended its support under a 'Stand By Arrangement', approved the previous month, for economic adjustment and reform in Zimbabwe.
"(3) In October 1999, the International Development Association (in this section referred to as the 'IDA') suspended all structural adjustment loans, credits, and guarantees to the Government of Zimbabwe.
"(4) In May 2000, the IDA suspended all other new lending to the Government of Zimbabwe.
"(5) In September 2000, the IDA suspended disbursement of funds for ongoing projects under previously-approved loans, credits, and guarantees to the Government of Zimbabwe.
"(b)
"(1)
"(2)
"(A) direct the United States executive director of each multilateral development bank to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank; and
"(B) direct the United States executive director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions.
"(c)
"(1) any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe; or
"(2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution.
"(d)
"(1)
"(2)
"(A)
"(B)
"(3)
"(4)
"(5)
"(e)
"SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND INDEPENDENT MEDIA, AND THE RULE OF LAW.
"(a)
"(1) support an independent and free press and electronic media in Zimbabwe;
"(2) support equitable, legal, and transparent mechanisms of land reform in Zimbabwe, including the payment of costs related to the acquisition of land and the resettlement of individuals, consistent with the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998, or any subsequent agreement relating thereto; and
"(3) provide for democracy and governance programs in Zimbabwe.
"(b)
"(1) $20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and
"(2) $6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3).
"(c)
"SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.
"It is the sense of Congress that the President should begin immediate consultation with the governments of European Union member states, Canada, and other appropriate foreign countries on ways in which to—
"(1) identify and share information regarding individuals responsible for the deliberate breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe;
"(2) identify assets of those individuals held outside Zimbabwe;
"(3) implement travel and economic sanctions against those individuals and their associates and families; and
"(4) provide for the eventual removal or amendment of those sanctions."
Provisions similar to those contained in section 4(c) of
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 [
"(C) 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. 03–05, Dec. 7, 2002, 67 F.R. 78121, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President of the United States, including under section 5 of the Iraq Liberation Act of 1998 (
You are authorized and directed to report this determination and designation to the Congress and to arrange for its publication in the Federal Register.
George W. Bush.
Determination of President of the United States, No. 99–13, Feb. 4, 1999, 64 F.R. 6781, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President of the United States, including under section 5 of the Iraq Liberation Act of 1998 (
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 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 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 [
"(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
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,
Definitions
"(1) means—
"(A) the Committee on Foreign Affairs 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; and
"(2) includes, for purposes of subtitle D [subtitle D (§§2041–2043) of title XX of
"(1)
"(2)
"(3)
§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;
(F) increase in literacy; and
(G) progress in combating corruption and improving transparency and accountability in the public and private sector.
(5) United States development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of the people in the developing countries; food production and nutrition; rural development and generation of gainful employment; population planning and health; environment and natural resources; education, development administration, and human resource development; and energy development and production.
(6) United States assistance shall encourage and promote the participation of women in the national economies of developing countries and the improvement of women's status as an important means of promoting the total development effort.
(7) United States bilateral assistance shall recognize that the prosperity of developing countries and effective development efforts require the adoption of an overall strategy that promotes the development, production, and efficient utilization of energy and, therefore, consideration shall be given to the full implications of such assistance on the price, availability, and consumption of energy in recipient countries.
(8) United States cooperation in development should be carried out to the maximum extent possible through the private sector, including those institutions which already have ties in the developing areas, such as educational institutions, cooperatives, credit unions, free labor unions, and private and voluntary agencies.
(9) To the maximum extent practicable, United States private investment should be encouraged in economic and social development programs to which the United States lends support.
(10) Assistance shall be planned and utilized to encourage regional cooperation by developing countries in the solution of common problems and the development of shared resources.
(11) Assistance efforts of the United States shall be planned and furnished to the maximum extent practicable in coordination and cooperation with assistance efforts of other countries, including the planning and implementation of programs and projects on a multilateral and multidonor basis.
(12) United States bilateral development assistance should be concentrated on projects which do not involve large-scale capital transfers. However, to the extent that such assistance does involve large-scale capital transfers, it should be furnished in association with contributions from other countries working together in a multilateral framework.
(13) United States encouragement of policy reforms is necessary if developing countries are to achieve economic growth with equity.
(14) Development assistance should, as a fundamental objective, promote private sector activity in open and competitive markets in developing countries, recognizing such activity to be a productive and efficient means of achieving equitable and long term economic growth.
(15) United States cooperation in development should recognize as essential the need of developing countries to have access to appropriate technology in order to improve food and water, health and housing, education and employment, and agriculture and industry.
(16) United States assistance should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long term development. An important component of institution building involves training to expand the human resource potential of people in developing countries.
(17) Economic reform and development of effective institutions of democratic governance are mutually reinforcing. The successful transition of a developing country is dependent upon the quality of its economic and governance institutions. Rule of law, mechanisms of accountability and transparency, security of person, property, and investments, are but a few of the critical governance and economic reforms that underpin the sustainability of broad-based economic growth. Programs in support of such reforms strengthen the capacity of people to hold their governments accountable and to create economic opportunity.
(c) Worldwide cooperative effort to overcome aspects of absolute poverty
The Congress, recognizing the desirability of overcoming the worst aspects of absolute poverty by the end of this century by, among other measures, substantially lowering infant mortality and birth rates, and increasing life expectancy, food production, literacy, and employment, encourages the President to explore with other countries, through all appropriate channels, the feasibility of a worldwide cooperative effort to overcome the worst aspects of absolute poverty and to assure self-reliant growth in the developing countries by the year 2000.
(
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
2000—Subsec. (b)(4)(G).
Subsec. (b)(17).
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
§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 Food for Peace Act [
(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 Food for Peace Act [
(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 Food for Peace Act, 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
2008—Subsecs. (e), (f).
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 2008 Amendment
Amendment by
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
International Fund for Agricultural Development; Sixth Replenishment
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
§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
§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; control of AIDS and tuberculosis
(1) In order to contribute to improvements in the health of the greatest number of poor people in developing countries, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for health programs. Assistance under this subsection shall be used primarily for basic integrated health services, safe water and sanitation, disease prevention and control, and related health planning and research. This assistance shall emphasize self-sustaining community-based health programs by means such as training of health auxiliary and other appropriate personnel, support for the establishment and evaluation of projects that can be replicated on a broader scale, measures to improve management of health programs, and other services and supplies to support health and disease prevention programs.
(2)(A) In carrying out the purposes of this subsection, the President shall promote, encourage, and undertake activities designed to deal directly with the special health needs of children and mothers. Such activities should utilize simple, available technologies which can significantly reduce childhood mortality, such as improved and expanded immunization programs, oral rehydration to combat diarrhoeal diseases, and education programs aimed at improving nutrition and sanitation and at promoting child spacing. In carrying out this paragraph, guidance shall be sought from knowledgeable health professionals from outside the agency primarily responsible for administering subchapter I of this chapter. In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types described in this paragraph which are carried out by international organizations (which may include international organizations receiving funds under part III of this subchapter) and by private and voluntary organizations, and should include encouragement to other donors to support such types of activities.
(B) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year 1987 for use in carrying out this paragraph. Amounts appropriated under this subparagraph are authorized to remain available until expended.
(C) Appropriations pursuant to subparagraph (B) may be referred to as the "Child Survival Fund".
(3) The Congress recognizes that the promotion of primary health care is a major objective of the foreign assistance program. The Congress further recognizes that simple, relatively low cost means already exist to reduce incidence of communicable diseases among children, mothers, and infants. The promotion of vaccines for immunization, and salts for oral rehydration, therefore, is an essential feature of the health assistance program. To this end, the Congress expects the agency primarily responsible for administering subchapter I of this chapter to set as a goal the protection of not less than 80 percent of all children, in those countries in which such agency has established development programs, from immunizable diseases by January 1, 1991. Of the aggregate amounts made available for fiscal year 1987 to carry out paragraph (2) of this subsection (relating to the Child Survival Fund) and to carry out subsection (c) of this section (relating to development assistance for health), $50,000,000 shall be used to carry out this paragraph.
(4)
(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
The Consolidated Appropriations Resolution, 2003, referred to in subsec. (c)(4), is
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
2003—Subsec. (c)(4) to (7).
2000—Subsec. (c)(4) to (7).
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
Findings
"(1) Since the development of antibiotics in the 1950s, tuberculosis has been largely controlled in the United States and the Western World.
"(2) Due to societal factors, including growing urban decay, inadequate health care systems, persistent poverty, overcrowding, and malnutrition, as well as medical factors, including the HIV/AIDS epidemic and the emergence of multi-drug resistant strains of tuberculosis, tuberculosis has again become a leading and growing cause of adult deaths in the developing world.
"(3) According to the World Health Organization—
"(A) in 1998, about 1,860,000 people worldwide died of tuberculosis-related illnesses;
"(B) one-third of the world's total population is infected with tuberculosis; and
"(C) tuberculosis is the world's leading killer of women between 15 and 44 years old and is a leading cause of children becoming orphans.
"(4) Because of the ease of transmission of tuberculosis, its international persistence and growth pose a direct public health threat to those nations that had previously largely controlled the disease. This is complicated in the United States by the growth of the homeless population, the rate of incarceration, international travel, immigration, and HIV/AIDS.
"(5) With nearly 40 percent of the tuberculosis cases in the United States attributable to foreign-born persons, tuberculosis will never be controlled in the United States until it is controlled abroad.
"(6) The means exist to control tuberculosis through screening, diagnosis, treatment, patient compliance, monitoring, and ongoing review of outcomes.
"(7) Efforts to control tuberculosis are complicated by several barriers, including—
"(A) the labor intensive and lengthy process involved in screening, detecting, and treating the disease;
"(B) a lack of funding, trained personnel, and medicine in virtually every nation with a high rate of the disease;
"(C) the unique circumstances in each country, which requires the development and implementation of country-specific programs; and
"(D) the risk of having a bad tuberculosis program, which is worse than having no tuberculosis program because it would significantly increase the risk of the development of more widespread drug-resistant strains of the disease.
"(8) Eliminating the barriers to the international control of tuberculosis through a well-structured, comprehensive, and coordinated worldwide effort would be a significant step in dealing with the increasing public health problem posed by the disease."
Progress Report on Implementation of Immunization and Oral Rehydration Promotion Programs
Section 305(b) of
§2151b–1. Assistance for malaria prevention, treatment, control, and elimination
(a) Assistance
(1) In general
The Administrator of the United States Agency for International Development, in coordination with the heads of other appropriate Federal agencies and nongovernmental organizations, shall provide assistance for the establishment and conduct of activities designed to prevent, treat, control, and eliminate malaria in countries with a high percentage of malaria cases.
(2) Consideration of interaction among epidemics
In providing assistance pursuant to paragraph (1), the Administrator should consider the interaction among the epidemics of HIV/AIDS, malaria, and tuberculosis.
(3) Dissemination of information requirement
Activities referred to in paragraph (1) shall include the dissemination of information relating to the development of vaccines and therapeutic agents for the prevention of malaria (including information relating to participation in, and the results of, clinical trials for such vaccines and agents conducted by United States Government agencies) to appropriate officials in such countries.
(b) Authorization of appropriations
(1) In general
There are authorized to be appropriated to carry out subsection (a) of this section $50,000,000 for each of the fiscal years 2001 and 2002.
(2) Availability
Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
(
Codification
Section was enacted as part of the Assistance for International Malaria Control Act and also as part of the International Malaria Control Act of 2000, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Findings
"(1) The World Health Organization estimates that there are 300,000,000 to 500,000,000 cases of malaria each year.
"(2) According to the World Health Organization, more than 1,000,000 persons are estimated to die due to malaria each year.
"(3) According to the National Institutes of Health, about 40 percent of the world's population is at risk of becoming infected.
"(4) About half of those who die each year from malaria are children under 9 years of age.
"(5) Malaria kills one child each 30 seconds.
"(6) Although malaria is a public health problem in more than 90 countries, more than 90 percent of all malaria cases are in sub-Saharan Africa.
"(7) In addition to Africa, large areas of Central and South America, Haiti and the Dominican Republic, the Indian subcontinent, Southeast Asia, and the Middle East are high risk malaria areas.
"(8) These high risk areas represent many of the world's poorest nations.
"(9) Malaria is particularly dangerous during pregnancy. The disease causes severe anemia and is a major factor contributing to maternal deaths in malaria endemic regions.
"(10) 'Airport malaria', the importing of malaria by international aircraft and other conveyances, is becoming more common, and the United Kingdom reported 2,364 cases of malaria in 1997, all of them imported by travelers.
"(11) In the United States, of the 1,400 cases of malaria reported to the Centers for Disease Control and Prevention in 1998, the vast majority were imported.
"(12) Between 1970 and 1997, the malaria infection rate in the United States increased by about 40 percent.
"(13) Malaria is caused by a single-cell parasite that is spread to humans by mosquitoes.
"(14) No vaccine is available and treatment is hampered by development of drug-resistant parasites and insecticide-resistant mosquitoes."
§2151b–2. Assistance to combat HIV/AIDS
(a) Finding
Congress recognizes that the alarming spread of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America and other developing countries is a major global health, national security, development, and humanitarian crisis.
(b) Policy
(1) Objectives
It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention and treatment of HIV/AIDS and the care of those affected by the disease. It is the policy objective of the United States, by 2013, to—
(A) assist partner countries to—
(i) prevent 12,000,000 new HIV infections worldwide;
(ii) support—
(I) the increase in the number of individuals with HIV/AIDS receiving antiretroviral treatment above the goal established under section 7672(a)(3) 1 of this title and increased pursuant to paragraphs (1) through (3) of section 7673(d) 1 of this title; and
(II) additional treatment through coordinated multilateral efforts;
(iii) support care for 12,000,000 individuals infected with or affected by HIV/AIDS, including 5,000,000 orphans and vulnerable children affected by HIV/AIDS, with an emphasis on promoting a comprehensive, coordinated system of services to be integrated throughout the continuum of care;
(iv) provide at least 80 percent of the target population with access to counseling, testing, and treatment to prevent the transmission of HIV from mother-to-child;
(v) provide care and treatment services to children with HIV in proportion to their percentage within the HIV-infected population of a given partner country; and
(vi) train and support retention of health care professionals, paraprofessionals, and community health workers in HIV/AIDS prevention, treatment, and care, with the target of providing such training to at least 140,000 new health care professionals and paraprofessionals with an emphasis on training and in country deployment of critically needed doctors and nurses;
(B) strengthen the capacity to deliver primary health care in developing countries, especially in sub-Saharan Africa;
(C) support and help countries in their efforts to achieve staffing levels of at least 2.3 doctors, nurses, and midwives per 1,000 population, as called for by the World Health Organization; and
(D) help partner countries to develop independent, sustainable HIV/AIDS programs.
(2) Coordinated global strategy
The United States and other countries with the sufficient capacity should provide assistance to countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, and Latin America, and other countries and regions confronting HIV/AIDS epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through HIV/AIDS prevention, treatment, care, monitoring and evaluation, and related activities.
(3) Priorities
The United States Government's response to the global HIV/AIDS pandemic and the Government's efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on—
(A) the prevention of the transmission of HIV;
(B) moving toward universal access to HIV/AIDS prevention counseling and services;
(C) the inclusion of cost sharing assurances that meet the requirements under
(D) the inclusion of transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments.
(c) Authorization
(1) In general
Consistent with
(2) Role of NGOs
It is the sense of Congress that the President should provide an appropriate level of assistance under paragraph (1) through nongovernmental organizations (including faith-based and community-based organizations) in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas affected by the HIV/AIDS pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing HIV incidence rates..2
(3) Coordination of assistance efforts
The President shall coordinate the provision of assistance under paragraph (1) with the provision of related assistance by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and other appropriate international organizations (such as the International Bank for Reconstruction and Development), relevant regional multilateral development institutions, national, state, and local governments of partner countries, other international actors,,2 appropriate governmental and nongovernmental organizations, and relevant executive branch agencies within the framework of the principles of the Three Ones.
(d) Activities supported
Assistance provided under subsection (c) of this section shall, to the maximum extent practicable, be used to carry out the following activities:
(1) Prevention
Prevention of HIV/AIDS through activities including—
(A) programs and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of HIV infection, including integration of such programs into health programs and the inclusion in counseling programs of information on methods of avoiding infection of HIV, including delaying sexual debut, abstinence, fidelity and monogamy, reduction of casual sexual partnering and multiple concurrent sexual partnering,,2 reducing sexual violence and coercion, including child marriage, widow inheritance, and polygamy, and where appropriate, use of male and female condoms;
(B) assistance to establish and implement culturally appropriate HIV/AIDS education and prevention programs that are designed with local input and focus on helping individuals avoid infection of HIV/AIDS, implemented through nongovernmental organizations, including faith-based and community-based organizations, particularly those locally based organizations that utilize both professionals and volunteers with appropriate skills, experience, and community presence;
(C) assistance for the purpose of encouraging men to be responsible in their sexual behavior, child rearing, and to respect women;
(D) assistance for the purpose of providing voluntary testing and counseling (including the incorporation of confidentiality protections with respect to such testing and counseling) and promoting the use of provider-initiated or "opt-out" voluntary testing in accordance with World Health Organization guidelines;
(E) assistance for the purpose of preventing mother-to-child transmission of the HIV infection, including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding;
(F) assistance to—
(i) achieve the goal of reaching 80 percent of pregnant women for prevention and treatment of mother-to-child transmission of HIV in countries in which the United States is implementing HIV/AIDS programs by 2013; and
(ii) promote infant feeding options and treatment protocols that meet the most recent criteria established by the World Health Organization;
(G) medical male circumcision programs as part of national strategies to combat the transmission of HIV/AIDS;
(H) assistance to ensure a safe blood supply and sterile medical equipment;
(I) assistance to help avoid substance abuse and intravenous drug use that can lead to HIV infection;
(J) assistance for the purpose of increasing women's access to employment opportunities, income, productive resources, and microfinance programs, where appropriate.3
(K) assistance for counseling, testing, treatment, care, and support programs, including—
(i) counseling and other services for the prevention of reinfection of individuals with HIV/AIDS;
(ii) counseling to prevent sexual transmission of HIV, including—
(I) life skills development for practicing abstinence and faithfulness;
(II) reducing the number of sexual partners;
(III) delaying sexual debut; and
(IV) ensuring correct and consistent use of condoms;
(iii) assistance to engage underlying vulnerabilities to HIV/AIDS, especially those of women and girls;
(iv) assistance for appropriate HIV/AIDS education programs and training targeted to prevent the transmission of HIV among men who have sex with men;
(v) assistance to provide male and female condoms;
(vi) diagnosis and treatment of other sexually transmitted infections;
(vii) strategies to address the stigma and discrimination that impede HIV/AIDS prevention efforts; and
(viii) assistance to facilitate widespread access to microbicides for HIV prevention, if safe and effective products become available, including financial and technical support for culturally appropriate introductory programs, procurement, distribution, logistics management, program delivery, acceptability studies, provider training, demand generation, and postintroduction monitoring.
(2) Treatment
The treatment and care of individuals with HIV/AIDS, including—
(A) assistance to establish and implement programs to strengthen and broaden indigenous health care delivery systems and the capacity of such systems to deliver HIV/AIDS pharmaceuticals and otherwise provide for the treatment of individuals with HIV/AIDS, including clinical training for indigenous organizations and health care providers;
(B) assistance to strengthen and expand hospice and palliative care programs to assist patients debilitated by HIV/AIDS, their families, and the primary caregivers of such patients, including programs that utilize faith-based and community-based organizations;
(C) assistance for the purpose of the care and treatment of individuals with HIV/AIDS through the provision of pharmaceuticals, including antiretrovirals and other pharmaceuticals and therapies for the treatment of opportunistic infections, pain management, nutritional support, and other treatment modalities;
(D) as part of care and treatment of HIV/AIDS, assistance (including prophylaxis and treatment) for common HIV/AIDS-related opportunistic infections for free or at a rate at which it is easily affordable to the individuals and populations being served; 4
(E) as part of care and treatment of HIV/AIDS, assistance or referral to available and adequately resourced service providers for nutritional support, including counseling and where necessary the provision of commodities, for persons meeting malnourishment criteria and their families; 5
(3) Preventative intervention education and technologies
(A) With particular emphasis on specific populations that represent a particularly high risk of contracting or spreading HIV/AIDS, including those exploited through the sex trade, victims of rape and sexual assault, individuals already infected with HIV/AIDS, and in cases of occupational exposure of health care workers, assistance with efforts to reduce the risk of HIV/AIDS infection including post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
(B) Bulk purchases of available test kits, condoms, and, when proven effective, microbicides that are intended to reduce the risk of HIV/AIDS transmission and for appropriate program support for the introduction and distribution of these commodities, as well as education and training on the use of the technologies.
(4) Monitoring
The monitoring of programs, projects, and activities carried out pursuant to paragraphs (1) through (3), including—
(A) monitoring to ensure that adequate controls are established and implemented to provide HIV/AIDS pharmaceuticals and other appropriate medicines to poor individuals with HIV/AIDS;
(B) appropriate evaluation and surveillance activities;
(C) monitoring to ensure that appropriate measures are being taken to maintain the sustainability of HIV/AIDS pharmaceuticals (especially antiretrovirals) and ensure that drug resistance is not compromising the benefits of such pharmaceuticals;
(D) monitoring to ensure appropriate law enforcement officials are working to ensure that HIV/AIDS pharmaceuticals are not diminished through illegal counterfeiting or black market sales of such pharmaceuticals;
(E) carrying out and expanding program monitoring, impact evaluation research and analysis, and operations research and disseminating data and findings through mechanisms to be developed by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, in coordination with the Director of the Centers for Disease Control, in order to—
(i) improve accountability, increase transparency, and ensure the delivery of evidence-based services through the collection, evaluation, and analysis of data regarding gender-responsive interventions, disaggregated by age and sex;
(ii) identify and replicate effective models; and
(iii) develop gender indicators to measure outcomes and the impacts of interventions; and
(F) establishing appropriate systems to—
(i) gather epidemiological and social science data on HIV; and
(ii) evaluate the effectiveness of prevention efforts among men who have sex with men, with due consideration to stigma and risks associated with disclosure.
(5) Pharmaceuticals
(A) Procurement
The procurement of HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines, including medicines to treat opportunistic infections.
(B) Mechanisms for quality control and sustainable supply
Mechanisms to ensure that such HIV/AIDS pharmaceuticals, antiretroviral therapies, and other appropriate medicines are quality-controlled and sustainably supplied.
(C) Mechanism to ensure cost-effective drug purchasing
Subject to subparagraph (B), mechanisms to ensure that safe and effective pharmaceuticals, including antiretrovirals and medicines to treat opportunistic infections, are purchased at the lowest possible price at which such pharmaceuticals may be obtained in sufficient quantity on the world market, provided that such pharmaceuticals are approved, tentatively approved, or otherwise authorized for use by—
(i) the Food and Drug Administration;
(ii) a stringent regulatory agency acceptable to the Secretary of Health and Human Services; or
(iii) a quality assurance mechanism acceptable to the Secretary of Health and Human Services.
(D) Distribution
The distribution of such HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines (including medicines to treat opportunistic infections) to qualified national, regional, or local organizations for the treatment of individuals with HIV/AIDS in accordance with appropriate HIV/AIDS testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the HIV infection.
(6) Related and coordinated activities
The conduct of related activities, including—
(A) the care and support of children who are orphaned by the HIV/AIDS pandemic, including services designed to care for orphaned children in a family environment which rely on extended family members;
(B) improved infrastructure and institutional capacity to develop and manage education, prevention, and treatment programs, including training and the resources to collect and maintain accurate HIV surveillance data to target programs and measure the effectiveness of interventions;
(C) vaccine research and development partnership programs with specific plans of action to develop a safe, effective, accessible, preventive HIV vaccine for use throughout the world; and 6
(D) coordinated or referred activities to—
(i) enhance the clinical impact of HIV/AIDS care and treatment; and
(ii) ameliorate the adverse social and economic costs often affecting AIDS-impacted families and communities through the direct provision, as necessary, or through the referral, if possible, of support services, including—
(I) nutritional and food support;
(II) safe drinking water and adequate sanitation;
(III) nutritional counseling;
(IV) income-generating activities and livelihood initiatives;
(V) maternal and child health care;
(VI) primary health care;
(VII) the diagnosis and treatment of other infectious or sexually transmitted diseases;
(VIII) substance abuse and treatment services; and
(IX) legal services;
(E) coordinated or referred activities to link programs addressing HIV/AIDS with programs addressing gender-based violence in areas of significant HIV prevalence to assist countries in the development and enforcement of women's health, children's health, and HIV/AIDS laws and policies that—
(i) prevent and respond to violence against women and girls;
(ii) promote the integration of screening and assessment for gender-based violence into HIV/AIDS programming;
(iii) promote appropriate HIV/AIDS counseling, testing, and treatment into gender-based violence programs; and
(iv) assist governments to develop partnerships with civil society organizations to create networks for psychosocial, legal, economic, or other support services;
(F) coordinated or referred activities to—
(i) address the frequent coinfection of HIV and tuberculosis, in accordance with World Health Organization guidelines;
(ii) promote provider-initiated or "opt-out" HIV/AIDS counseling and testing and appropriate referral for treatment and care to individuals with tuberculosis or its symptoms, particularly in areas with significant HIV prevalence; and
(iii) strengthen programs to ensure that individuals testing positive for HIV receive tuberculosis screening and to improve laboratory capacities, infection control, and adherence; and
(G) activities to—
(i) improve the effectiveness of national responses to HIV/AIDS;
(ii) strengthen overall health systems in high-prevalence countries, including support for workforce training, retention, and effective deployment, capacity building, laboratory development, equipment maintenance and repair, and public health and related public financial management systems and operations; and
(iii) encourage fair and transparent procurement practices among partner countries; and
(iv) promote in-country or intra-regional pediatric training for physicians and other health professionals, preferably through public-private partnerships involving colleges and universities, with the goal of increasing pediatric HIV workforce capacity.
(7) Comprehensive HIV/AIDS public-private partnerships
The establishment and operation of public-private partnership entities within countries in sub-Saharan Africa, the Caribbean, and other countries affected by the HIV/AIDS pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention, treatment, and monitoring of HIV/AIDS. Each such public-private partnership should—
(A) support the development, implementation, and management of comprehensive HIV/AIDS plans in support of the national HIV/AIDS strategy;
(B) operate at all times in a manner that emphasizes efficiency, accountability, and results-driven programs;
(C) engage both local and foreign development partners and donors, including businesses, government agencies, academic institutions, nongovernmental organizations, foundations, multilateral development agencies, and faith-based organizations, to assist the country in coordinating and implementing HIV/AIDS prevention, treatment, and monitoring programs in accordance with its national HIV/AIDS strategy;
(D) provide technical assistance, consultant services, financial planning, monitoring and evaluation, and research in support of the national HIV/AIDS strategy; and
(E) establish local human resource capacities for the national HIV/AIDS strategy through the transfer of medical, managerial, leadership, and technical skills.
(8) Compacts and framework agreements
The development of compacts or framework agreements, tailored to local circumstances, with national governments or regional partnerships in countries with significant HIV/AIDS burdens to promote host government commitment to deeper integration of HIV/AIDS services into health systems, contribute to health systems overall, and enhance sustainability, including—
(A) cost sharing assurances that meet the requirements under
(B) transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments.
(e) Compacts and framework agreements
(1) Findings
Congress makes the following findings:
(A) The congressionally mandated Institute of Medicine report entitled "PEPFAR Implementation: Progress and Promise" states: "The next strategy [of the U.S. Global AIDS Initiative] should squarely address the needs and challenges involved in supporting sustainable country HIV/AIDS programs, thereby transitioning from a focus on emergency relief.".
(B) One mechanism to promote the transition from an emergency to a public health and development approach to HIV/AIDS is through compacts or framework agreements between the United States Government and each participating nation.
(2) Elements
Compacts on HIV/AIDS authorized under subsection (d)(8) shall include the following elements:
(A) Compacts whose primary purpose is to provide direct services to combat HIV/AIDS are to be made between—
(i) the United States Government; and
(ii)(I) national or regional entities representing low-income countries served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; or
(II) countries or regions—
(aa) experiencing significantly high HIV prevalence or risk of significantly increasing incidence within the general population;
(bb) served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; and
(cc) that have inadequate financial means within such country or region.
(B) Compacts whose primary purpose is to provide limited technical assistance to a country or region connected to services provided within the country or region—
(i) may be made with other countries or regional entities served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform;
(ii) shall require significant investments in HIV prevention, care, and treatment services by the host country;
(iii) shall be time-limited in terms of United States contributions; and
(iv) shall be made only upon prior notification to Congress—
(I) justifying the need for such compacts;
(II) describing the expected investment by the country or regional entity; and
(III) describing the scope, nature, expected total United States investment, and time frame of the limited technical assistance under the compact and its intended impact.
(C) Compacts shall include provisions to—
(i) promote local and national efforts to reduce stigma associated with HIV/AIDS; and
(ii) work with and promote the role of civil society in combating HIV/AIDS.
(D) Compacts shall take into account the overall national health and development and national HIV/AIDS and public health strategies of each country.
(E) Compacts shall contain—
(i) consideration of the specific objectives that the country and the United States expect to achieve during the term of a compact;
(ii) consideration of the respective responsibilities of the country and the United States in the achievement of such objectives;
(iii) consideration of regular benchmarks to measure progress toward achieving such objectives;
(iv) an identification of the intended beneficiaries, disaggregated by gender and age, and including information on orphans and vulnerable children, to the maximum extent practicable;
(v) consideration of the methods by which the compact is intended to—
(I) address the factors that put women and girls at greater risk of HIV/AIDS; and
(II) strengthen elements such as the economic, educational, and social status of women, girls, orphans, and vulnerable children and the inheritance rights and safety of such individuals;
(vi) consideration of the methods by which the compact will—
(I) strengthen the health care capacity, including factors such as the training, retention, deployment, recruitment, and utilization of health care workers;
(II) improve supply chain management; and
(III) improve the health systems and infrastructure of the partner country, including the ability of compact participants to maintain and operate equipment transferred or purchased as part of the compact;
(vii) consideration of proposed mechanisms to provide oversight;
(viii) consideration of the role of civil society in the development of a compact and the achievement of its objectives;
(ix) a description of the current and potential participation of other donors in the achievement of such objectives, as appropriate; and
(x) consideration of a plan to ensure appropriate fiscal accountability for the use of assistance.
(F) For regional compacts, priority shall be given to countries that are included in regional funds and programs in existence as of July 30, 2008.
(G) Amounts made available for compacts described in subparagraphs (A) and (B) shall be subject to the inclusion of—
(i) cost sharing assurances that meet the requirements under
(ii) transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, and budget support by respective foreign governments.
(3) Local input
In entering into a compact on HIV/AIDS authorized under subsection (d)(8), the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall seek to ensure that the government of a country—
(A) takes into account the local perspectives of the rural and urban poor, including women, in each country; and
(B) consults with private and voluntary organizations, including faith-based organizations, the business community, and other donors in the country.
(4) Congressional and public notification after entering into a compact
Not later than 10 days after entering into a compact authorized under subsection (d)(8), the Global AIDS Coordinator shall—
(A) submit a report containing a detailed summary of the compact and a copy of the text of the compact to—
(i) the Committee on Foreign Relations of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Foreign Affairs of the House of Representatives; and
(iv) the Committee on Appropriations of the House of Representatives; and
(B) publish such information in the Federal Register and on the Internet website of the Office of the Global AIDS Coordinator.
(f) Annual report
(1) In general
Not later than January 31 of each year, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of this section for the prior fiscal year.
(2) Report elements
Each report shall include—
(A) a description of efforts made by each relevant executive branch agency to implement the policies set forth in this section,
(B) a description of the programs established pursuant to such sections;
(C) a detailed breakdown of funding allocations, by program and by country, for prevention activities; and
(D) a detailed assessment of the impact of programs established pursuant to such sections, including—
(i)(I) the effectiveness of such programs in reducing—
(aa) the transmission of HIV, particularly in women and girls;
(bb) mother-to-child transmission of HIV, including through drug treatment and therapies, either directly or by referral; and
(cc) mortality rates from HIV/AIDS;
(II) the number of patients receiving treatment for AIDS in each country that receives assistance under this chapter;
(III) an assessment of progress towards the achievement of annual goals set forth in the timetable required under the 5-year strategy established under
(IV) retention and attrition data for programs receiving United States assistance, including mortality and loss to follow-up rates, organized overall and by country;
(ii) the progress made toward—
(I) improving health care delivery systems (including the training of health care workers, including doctors, nurses, midwives, pharmacists, laboratory technicians, and compensated community health workers, and the use of codes of conduct for ethical recruiting practices for health care workers);
(II) advancing safe working conditions for health care workers; and
(III) improving infrastructure to promote progress toward universal access to HIV/AIDS prevention, treatment, and care by 2013;
(iii) a description of coordination efforts with relevant executive branch agencies to link HIV/AIDS clinical and social services with non-HIV/AIDS services as part of the United States health and development agenda;
(iv) a detailed description of integrated HIV/AIDS and food and nutrition programs and services, including—
(I) the amount spent on food and nutrition support;
(II) the types of activities supported; and
(III) an assessment of the effectiveness of interventions carried out to improve the health status of persons with HIV/AIDS receiving food or nutritional support;
(v) a description of efforts to improve harmonization, in terms of relevant executive branch agencies, coordination with other public and private entities, and coordination with partner countries' national strategic plans as called for in the "Three Ones";
(vi) a description of—
(I) the efforts of partner countries that were signatories to the Abuja Declaration on HIV/AIDS, Tuberculosis and Other Related Infectious Diseases to adhere to the goals of such Declaration in terms of investments in public health, including HIV/AIDS; and
(II) a description of the HIV/AIDS investments of partner countries that were not signatories to such Declaration;
(vii) a detailed description of any compacts or framework agreements reached or negotiated between the United States and any partner countries, including a description of the elements of compacts described in subsection (e);
(viii) a description of programs serving women and girls, including—
(I) HIV/AIDS prevention programs that address the vulnerabilities of girls and women to HIV/AIDS;
(II) information on the number of individuals served by programs aimed at reducing the vulnerabilities of women and girls to HIV/AIDS and data on the types, objectives, and duration of programs to address these issues;
(III) information on programs to address the particular needs of adolescent girls and young women; and
(IV) programs to prevent gender-based violence or to assist victims of gender based violence as part of, or in coordination with, HIV/AIDS programs;
(ix) a description of strategies, goals, programs, and interventions to—
(I) address the needs and vulnerabilities of youth populations;
(II) expand access among young men and women to evidence-based HIV/AIDS health care services and HIV prevention programs, including abstinence education programs; and
(III) expand community-based services to meet the needs of orphans and of children and adolescents affected by or vulnerable to HIV/AIDS without increasing stigmatization;
(x) a description of—
(I) the specific strategies funded to ensure the reduction of HIV infection among injection drug users;
(II) the number of injection drug users, by country, reached by such strategies; and
(III) medication-assisted drug treatment for individuals with HIV or at risk of HIV;
(xi) a detailed description of program monitoring, operations research, and impact evaluation research, including—
(I) the amount of funding provided for each research type;
(II) an analysis of cost-effectiveness models; and
(III) conclusions regarding the efficiency, effectiveness, and quality of services as derived from previous or ongoing research and monitoring efforts;
(xii) building capacity to identify, investigate, and stop nosocomial transmission of infectious diseases, including HIV and tuberculosis; and
(xiii) a description of staffing levels of United States government 7 HIV/AIDS teams in countries with significant HIV/AIDS programs, including whether or not a full-time coordinator was on staff for the year.
(g) Funding limitation
Of the funds made available to carry out this section in any fiscal year, not more than 7 percent may be used for the administrative expenses of the United States Agency for International Development in support of activities described in
(h) Definitions
In this section:
(1) AIDS
The term "AIDS" means acquired immune deficiency syndrome.
(2) HIV
The term "HIV" means the human immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS
The term "HIV/AIDS" means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
(4) Relevant executive branch agencies
The term "relevant executive branch agencies" means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including its agencies and offices), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this chapter.
(
References in Text
This chapter, referred to in subsecs. (f)(2)(D)(i)(II) and (h)(4), was in the original "this Act", meaning
Amendments
2008—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d)(1)(A).
Subsec. (d)(1)(B).
Subsec. (d)(1)(D).
Subsec. (d)(1)(F) to (K).
Subsec. (d)(2)(C) to (E).
Subsec. (d)(4)(E), (F).
Subsec. (d)(5)(C), (D).
Subsec. (d)(6).
Subsec. (d)(6)(D) to (G).
Subsec. (d)(8).
Subsecs. (e), (f).
Subsec. (f)(1).
Subsec. (f)(2)(C), (D).
Subsecs. (g), (h).
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 See References in Text note below.
3 So in original. The period probably should be "; and".
4 So in original. The word "and" probably should appear.
5 So in original. The semicolon probably should be a period.
6 So in original. The "and" probably should not appear.
7 So in original. Probably should be capitalized.
§2151b–3. Assistance to combat tuberculosis
(a) Findings
Congress makes the following findings:
(1) Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease.
(2) Congress further recognizes that the means exist to control and treat tuberculosis through expanded use of the DOTS (Directly Observed Treatment Short-course) treatment strategy, including DOTS-Plus to address multi-drug resistant tuberculosis, and adequate investment in newly created mechanisms to increase access to treatment, including the Global Tuberculosis Drug Facility established in 2001 pursuant to the Amsterdam Declaration to Stop TB and the Global Alliance for TB Drug Development.
(b) Policy
It is a major objective of the foreign assistance program of the United States to control tuberculosis. In all countries in which the Government of the United States has established development programs, particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis, the United States should support the objectives of the Global Plan to Stop TB, including through achievement of the following goals:
(1) Reduce by half the tuberculosis death and disease burden from the 1990 baseline.
(2) Sustain or exceed the detection of at least 70 percent of sputum smear-positive cases of tuberculosis and the successful treatment of at least 85 percent of the cases detected in countries with established United States Agency for International Development tuberculosis programs.
(3) In support of the Global Plan to Stop TB, the President shall establish a comprehensive, 5-year United States strategy to expand and improve United States efforts to combat tuberculosis globally, including a plan to support—
(A) the successful treatment of 4,500,000 new sputum smear tuberculosis patients under DOTS programs by 2013, primarily through direct support for needed services, commodities, health workers, and training, and additional treatment through coordinated multilateral efforts; and
(B) the diagnosis and treatment of 90,000 new multiple drug resistant tuberculosis cases by 2013, and additional treatment through coordinated multilateral efforts.
(c) Authorization
To carry out this section and consistent with
(d) Coordination
In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program.
(e) Priority to Stop TB Strategy
In furnishing assistance under subsection (c), the President shall give priority to—
(1) direct services described in the Stop TB Strategy, including expansion and enhancement of Directly Observed Treatment Short-course (DOTS) coverage, rapid testing, treatment for individuals infected with both tuberculosis and HIV, and treatment for individuals with multi-drug resistant tuberculosis (MDR–TB), strengthening of health systems, use of the International Standards for Tuberculosis Care by all providers, empowering individuals with tuberculosis, and enabling and promoting research to develop new diagnostics, drugs, and vaccines, and program-based operational research relating to tuberculosis; and
(2) funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development.
(f) Assistance for the World Health Organization and the Stop Tuberculosis Partnership
In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing multiple drug resistant tuberculosis (MDR–TB) and extensively drug resistant tuberculosis (XDR–TB).
(g) Annual report
The President shall submit an annual report to Congress that describes the impact of United States foreign assistance on efforts to control tuberculosis, including—
(1) the number of tuberculosis cases diagnosed and the number of cases cured in countries receiving United States bilateral foreign assistance for tuberculosis control purposes;
(2) a description of activities supported with United States tuberculosis resources in each country, including a description of how those activities specifically contribute to increasing the number of people diagnosed and treated for tuberculosis;
(3) in each country receiving bilateral United States foreign assistance for tuberculosis control purposes, the percentage provided for direct tuberculosis services in countries receiving United States bilateral foreign assistance for tuberculosis control purposes;
(4) a description of research efforts and clinical trials to develop new tools to combat tuberculosis, including diagnostics, drugs, and vaccines supported by United States bilateral assistance;
(5) the number of persons who have been diagnosed and started treatment for multidrug-resistant tuberculosis in countries receiving United States bilateral foreign assistance for tuberculosis control programs;
(6) a description of the collaboration and coordination of United States anti-tuberculosis efforts with the World Health Organization, the Global Fund, and other major public and private entities within the Stop TB Strategy;
(7) the constraints on implementation of programs posed by health workforce shortages and capacities;
(8) the number of people trained in tuberculosis control; and
(9) a breakdown of expenditures for direct patient tuberculosis services, drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening, research, and support costs.
(h) Definitions
In this section:
(1) DOTS
The term "DOTS" or "Directly Observed Treatment Short-course" means the World Health Organization-recommended strategy for treating tuberculosis including—
(A) low-cost and effective diagnosis, treatment, and monitoring of tuberculosis;
(B) a reliable drug supply;
(C) a management strategy for public health systems;
(D) health system strengthening;
(E) promotion of the use of the International Standards for Tuberculosis Care by all care providers;
(F) bacteriology under an external quality assessment framework;
(G) short-course chemotherapy; and
(H) sound reporting and recording systems.
(2) DOTS-Plus
The term "DOTS-Plus" means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard DOTS strategy, and which takes into account specific issues (such as use of second line anti-tuberculosis drugs) that need to be addressed in areas where there is high prevalence of multi-drug resistant tuberculosis.
(3) Global Alliance for Tuberculosis Drug Development
The term "Global Alliance for Tuberculosis Drug Development" means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries.
(4) Global Tuberculosis Drug Facility
The term "Global Tuberculosis Drug Facility (GDF)" means the new initiative of the Stop Tuberculosis Partnership to increase access to high-quality tuberculosis drugs to facilitate DOTS expansion.
(5) Stop TB Strategy
The term "Stop TB Strategy" means the 6-point strategy to reduce tuberculosis developed by the World Health Organization, which is described in the Global Plan to Stop TB 2006–2015: Actions for Life, a comprehensive plan developed by the Stop TB Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015.
(6) Stop Tuberculosis Partnership
The term "Stop Tuberculosis Partnership" means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world.
(
Amendments
2008—Subsec. (b).
Subsec. (e).
Subsecs. (f) to (h).
Subsec. (h)(1).
Subsec. (h)(5), (6).
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
§2151b–4. Assistance to combat malaria
(a) Finding
Congress finds that malaria kills more people annually than any other communicable disease except tuberculosis, that more than 90 percent of all malaria cases are in sub-Saharan Africa, and that children and women are particularly at risk. Congress recognizes that there are cost-effective tools to decrease the spread of malaria and that malaria is a curable disease if promptly diagnosed and adequately treated.
(b) Policy
It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention, control, treatment, and cure of malaria.
(c) Authorization
To carry out this section and consistent with
(d) Coordination
In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the Department of Health and Human Services (the Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive malaria control program.
(
Amendments
2008—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
§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
§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
§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. Transferred
Codification
Section,
Prior Provisions
A prior section 2151f,
§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
§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
§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. In meeting the requirement of the preceding sentence, specific priority shall be given to the following:
(1) Agriculture
Technical assistance to low income farmers who form and develop member-owned cooperatives for farm supplies, marketing and value-added processing.
(2) Financial systems
The promotion of national credit union systems through credit union-to-credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement.
(3) Infrastructure
The support of rural electric and telecommunication cooperatives for access for rural people and villages that lack reliable electric and telecommunications services.
(4) Housing and community services
The promotion of community-based cooperatives which provide employment opportunities and important services such as health clinics, self-help shelter, environmental improvements, group-owned businesses, and other activities.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
2000—
1979—
1977—
1975—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1977 Amendment
Section 107(b) of
Findings
"(1) It is in the mutual economic interest of the United States and peoples in developing and transitional countries to promote cooperatives and credit unions.
"(2) Self-help institutions, including cooperatives and credit unions, provide enhanced opportunities for people to participate directly in democratic decision-making for their economic and social benefit through ownership and control of business enterprises and through the mobilization of local capital and savings and such organizations should be fully utilized in fostering free market principles and the adoption of self-help approaches to development.
"(3) The United States seeks to encourage broad-based economic and social development by creating and supporting—
"(A) agricultural cooperatives that provide a means to lift low income farmers and rural people out of poverty and to better integrate them into national economies;
"(B) credit union networks that serve people of limited means through safe savings and by extending credit to families and microenterprises;
"(C) electric and telephone cooperatives that provide rural customers with power and telecommunications services essential to economic development;
"(D) housing and community-based cooperatives that provide low income shelter and work opportunities for the urban poor; and
"(E) mutual and cooperative insurance companies that provide risk protection for life and property to under-served populations often through group policies."
Declarations of Policy
"(A) international cooperative principles, democratic governance and involvement of women and ethnic minorities for economic and social development;
"(B) self-help mobilization of member savings and equity and retention of profits in the community, except for those programs that are dependent on donor financing;
"(C) market-oriented and value-added activities with the potential to reach large numbers of low income people and help them enter into the mainstream economy;
"(D) strengthening the participation of rural and urban poor to contribute to their country's economic development; and
"(E) utilization of technical assistance and training to better serve the member-owners."
Report
§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, a description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur during the preceding year, including descriptions of—
(A) acts of physical violence against, or harassment of 2 Jewish people, and acts of violence against, or vandalism of 2 Jewish community institutions, including schools, synagogues, and cemeteries;
(B) instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against Jewish people;
(C) the actions, if any, taken by the government of the country to respond to such violence and attacks or to eliminate such propaganda or incitement;
(D) the actions taken by such government to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and
(E) the efforts of such government to promote anti-bias and tolerance education;
(9) wherever applicable, consolidated information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States instrument of ratification to that convention and section 2(a) of the Genocide Convention Implementation Act of 1987);
(10) for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country;
(11)(A) wherever applicable, a description of the nature and extent—
(i) of the compulsory recruitment and conscription of individuals under the age of 18 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups, and the participation of such individuals in such groups; and
(ii) that such individuals take a direct part in hostilities;
(B) what steps, if any, taken by the government of the country to eliminate such practices;
(C) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretary; and
(12) wherever applicable—
(A) a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;
(B) an identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups; and
(C) in countries where there are particularly severe violations of freedom of the press—
(i) whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; and
(ii) what steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists.
(e) Promotion of civil and political rights
The President is authorized and encouraged to use not less than $3,000,000 of the funds made available under this part, part X of this subchapter, and part IV of subchapter II of this chapter for each fiscal year for studies to identify, and for openly carrying out programs and activities which will encourage or promote increased adherence to civil and political rights, including the right to free religious belief and practice, as set forth in the Universal Declaration of Human Rights, in countries eligible for assistance under this part or under part X of this subchapter, except that funds made available under part X of this subchapter may only be used under this subsection with respect to countries in sub-Saharan Africa. None of these funds may be used, directly or indirectly, to influence the outcome of any election in any country.
(f) Annual country reports on human rights practices
(1) The report required by subsection (d) of this section shall include the following:
(A) A description of the nature and extent of severe forms of trafficking in persons, as defined in
(B) With respect to each country that is a country of origin, transit, or destination for victims of severe forms of trafficking in persons, an assessment of the efforts by the government of that country to combat such trafficking. The assessment shall address the following:
(i) Whether government authorities in that country participate in, facilitate, or condone such trafficking.
(ii) Which government authorities in that country are involved in activities to combat such trafficking.
(iii) What steps the government of that country has taken to prohibit government officials from participating in, facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.
(iv) What steps the government of that country has taken to prohibit other individuals from participating in such trafficking, including the investigation, prosecution, and conviction of individuals involved in severe forms of trafficking in persons, the criminal and civil penalties for such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.
(v) What steps the government of that country has taken to assist victims of such trafficking, including efforts to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.
(vi) Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or with extradition treaties to which such country is a party, whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties so as to permit such cooperation.
(vii) Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat severe forms of trafficking in persons.
(viii) Whether the government of that country refrains from prosecuting victims of severe forms of trafficking in persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.
(ix) Whether the government of that country recognizes the rights of victims of severe forms of trafficking in persons and ensures their access to justice.
(C) Such other information relating to trafficking in persons as the Secretary of State considers appropriate.
(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations and other appropriate nongovernmental organizations.
(
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
2010—Subsec. (d)(12).
2004—Subsec. (d)(8) to (11).
2002—Subsec. (d)(9).
Subsec. (d)(10).
2000—Subsec. (f).
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).
Effective Date of 2004 Amendment
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
Annual Report on Advancing Freedom and Democracy
[For definition of "Secretary" as used in section 665(c) of
Annual Reports on United States-Vietnam Human Rights Dialogue Meetings
"(1) Improving the Government of Vietnam's commercial and criminal codes to bring them into conformity with international standards, including the repeal of the Government of Vietnam's administrative detention decree (Directive 31/CP).
"(2) Releasing political and religious activists who have been imprisoned or otherwise detained by the Government of Vietnam, and ceasing surveillance and harassment of those who have been released.
"(3) Ending official restrictions on religious activity, including implementing the recommendations of the United Nations Special Rapporteur on Religious Intolerance.
"(4) Promoting freedom for the press, including freedom of movement of members of the Vietnamese and foreign press.
"(5) Improving prison conditions and providing transparency in the penal system of Vietnam, including implementing the recommendations of the United Nations Working Group on Arbitrary Detention.
"(6) Respecting the basic rights of indigenous minority groups, especially in the central and northern highlands of Vietnam.
"(7) Respecting the basic rights of workers, including working with the International Labor Organization to improve mechanisms for promoting such rights.
"(8) Cooperating with requests by the United States to obtain full and free access to persons who may be eligible for admission to the United States as refugees or immigrants, and allowing such persons to leave Vietnam without being subjected to extortion or other corrupt practices."
[For definitions of "Secretary" and "appropriate congressional committees" as used in section 702 of
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
1 So in original. Two subsecs. (b) have been enacted.
2 So in original. Probably should be followed by a comma.
§2151n–1. Repealed. Pub. L. 103–236, title I, §139(4), Apr. 30, 1994, 108 Stat. 397
Section,
§2151n–2. Human Rights and Democracy Fund
(a) Establishment of Fund
There is established a Human Rights and Democracy Fund (in this section referred to as the "Fund") to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor.
(b) Purposes of Fund
The purposes of the Fund shall be—
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy, including the support for nongovernmental organizations in foreign countries; and
(5) to carry out such other related activities as are consistent with paragraphs (1) through (4).
(c) Funding
(1) In general
Of the amounts made available to carry out
(2) Allocation of funds for the Documentation Center of Cambodia
Of the amount authorized to be available to the Fund under paragraph (1) for fiscal year 2003, $1,000,000 is authorized to be available for the Documentation Center of Cambodia for the purpose of collecting, cataloguing, and disseminating information about the atrocities committed by the Khmer Rouge against the Cambodian people.
(3) Father John Kaiser Memorial Fund
Of the amount authorized to be available to the Fund under paragraph (1) for fiscal year 2003, $500,000 is authorized to be available to advance the extraordinary work and values of Father John Kaiser with respect to solving ethnic conflict and promoting government accountability and respect for human rights. The amount made available under this paragraph may be referred to as the "Father John Kaiser Memorial Fund".
(
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (c)(1), is
Codification
Section was enacted as part of the Freedom Investment Act of 2002, and also as part of the Department of State Authorization Act, Fiscal Year 2003 and the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Purposes
"(1) To underscore that promoting and protecting human rights is in the national interests of the United States and is consistent with American values and beliefs.
"(2) To establish a goal of devoting one percent of the funds available to the Department under 'Diplomatic and Consular Programs', other than such funds that will be made available for worldwide security upgrades and information resource management, to enhance the ability of the United States to promote respect for human rights and the protection of human rights defenders."
[For definition of "Department" as used in section 662 of
§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
Clean Water for the Americas Partnership
"SEC. 641. SHORT TITLE.
"This subtitle may be cited as the 'Clean Water for the Americas Partnership Act of 2002'.
"SEC. 642. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(4)
"(5)
"SEC. 643. ESTABLISHMENT OF PROGRAM.
"The President is authorized to establish a program which shall be known as the 'Clean Water for the Americas Partnership'.
"SEC. 644. ENVIRONMENTAL ASSESSMENT.
"The President is authorized to conduct a comprehensive assessment of the environmental problems in the region to determine—
"(1) which environmental problems threaten human health the most, particularly the health of the urban poor;
"(2) which environmental problems are most threatening, in the long-term, to the region's natural resources;
"(3) which countries have the most pressing environmental problems; and
"(4) whether and to what extent there is a market for United States environmental technology, practices, knowledge, and innovations in the region.
"SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
"(a)
"(b)
"(c)
"SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS, AND ENERGY EFFICIENCY.
"Subject to the availability of appropriations, the President is authorized to provide matching grants to United States associations and United States nonprofit entities for the purpose of promoting water quality, water treatment systems, and energy efficiency in the region. The grants shall be used to support joint projects, including professional exchanges, academic fellowships, training programs in the United States or in the region, cooperation in regulatory review, development of training materials, the establishment and development in the region of local chapters of the associations or nonprofit entities, and the development of online exchanges.
"SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED SUBREGION.
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(1)
"(2)
"SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.
"(a)
"(b)
"(c)
"SEC. 649. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"SEC. 650. REPORT.
"Eighteen months after the establishment of the program pursuant to section 643, the President shall submit a report to the appropriate congressional committees containing—
"(1) an assessment of the progress made in carrying out the program established under this subtitle; and
"(2) any recommendations for the enactment of legislation to make changes in the program established under this subtitle.
"SEC. 651. TERMINATION DATE.
"(a)
"(b)
"SEC. 652. EFFECTIVE DATE.
"This subtitle shall take effect 90 days after the date of enactment of this Act [Sept. 30, 2002]."
[For definition of "appropriate congressional committees" as used in subtitle D of title VI of div. A of
§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
§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
§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
§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
Shipment of Humanitarian Assistance
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
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.
(3) Emphasis on anti-corruption
Such technical assistance shall include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures.
(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
Amendments
2000—Subsec. (b)(3).
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§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
Statement of Policy
"(1) to ensure that, in its support abroad for programs and centers for the treatment of victims of torture, particular incentives and support should be given to establishing and supporting such programs and centers in emerging democracies, in post-conflict environments, and, with a view to providing services to refugees and internally displaced persons, in areas as close to ongoing conflict as safely as possible; and
"(2) to ensure that, in its support for domestic programs and centers for the treatment of victims of torture, particular attention should be given to regions with significant immigrant or refugee populations."
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)
[
[
§2152a. Repealed. Pub. L. 108–484, §8(a), Dec. 23, 2004, 118 Stat. 3931
Section,
§2152b. Transferred
Codification
Section,
§2152c. Programs to encourage good governance
(a) Establishment of programs
(1) In general
The President is authorized to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries described in paragraph (2).
(2) Countries described
A country described in this paragraph is a country that is eligible to receive assistance under subchapter I of this chapter (including part IV of subchapter II of this chapter) or the Support for East European Democracy (SEED) Act of 1989 [
(3) Priority
In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria.
(4) Relation to other laws
(A) In general
Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sentence may not be provided directly to the government of the country.
(B) Exception
Subparagraph (A) does not apply with respect to—
(i)
(ii) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.
(b) Specific projects and activities
The programs established pursuant to subsection (a) of this section shall include, to the extent appropriate, projects and activities that—
(1) support responsible independent media to promote oversight of public and private institutions;
(2) implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems;
(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies;
(4) promote responsive, transparent, and accountable legislatures and local governments that ensure legislative and local oversight and whistle-blower protection;
(5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption;
(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights;
(7) promote free and fair national, state, and local elections;
(8) foster public participation in the legislative process and public access to government information; and
(9) engage civil society in the fight against corruption.
(c) Conduct of projects and activities
Projects and activities under the programs established pursuant to subsection (a) of this section may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and competitive statutory and administrative codes), drafting of anti-corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities.
(d) Biennial reports
(1) In general
The Secretary of State, in consultation with the Secretary of Commerce and the Administrator of the United States Agency for International Development, shall prepare and transmit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a biennial report on—
(A) projects and activities carried out under programs established under subsection (a) of this section for the preceding two-year period in priority countries identified pursuant to subsection (a)(3) of this section; and
(B) projects and activities carried out under programs to combat corruption, improve transparency and accountability, and promote other forms of good governance established under other provisions of law for the preceding two-year period in such countries.
(2) Required contents
The report required by paragraph (1) shall contain the following information with respect to each country described in paragraph (1):
(A) A description of all United States Government-funded programs and initiatives to combat corruption and improve transparency and accountability in the country.
(B) A description of United States diplomatic efforts to combat corruption and improve transparency and accountability in the country.
(C) An analysis of major actions taken by the government of the country to combat corruption and improve transparency and accountability in the country.
(e) Funding
Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chapter) and the Support for East European Democracy (SEED) Act of 1989 [
(
References in Text
The Support for East European Democracy (SEED) Act of 1989, referred to in subsecs. (a)(2) and (e), is
Section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, referred to in subsec. (a)(4)(B)(ii), is section 907 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
2002—Subsec. (d).
Subsec. (d)(1).
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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
Transition
Findings and Purpose
"(a)
"(1) Widespread corruption endangers the stability and security of societies, undermines democracy, and jeopardizes the social, political, and economic development of a society.
"(2) Corruption facilitates criminal activities, such as money laundering, hinders economic development, inflates the costs of doing business, and undermines the legitimacy of the government and public trust.
"(3) In January 1997 the United Nations General Assembly adopted a resolution urging member states to carefully consider the problems posed by the international aspects of corrupt practices and to study appropriate legislative and regulatory measures to ensure the transparency and integrity of financial systems.
"(4) The United States was the first country to criminalize international bribery through the enactment of the Foreign Corrupt Practices Act of 1977 [
"(5) The Vice President, at the Global Forum on Fighting Corruption in 1999, declared corruption to be a direct threat to the rule of law and the Secretary of State declared corruption to be a matter of profound political and social consequence for our efforts to strengthen democratic governments.
"(6) The Secretary of State, at the Inter-American Development Bank's annual meeting in March 2000, declared that despite certain economic achievements, democracy is being threatened as citizens grow weary of the corruption and favoritism of their official institutions and that efforts must be made to improve governance if respect for democratic institutions is to be regained.
"(7) In May 1996 the Organization of American States (OAS) adopted the Inter-American Convention Against Corruption requiring countries to provide various forms of international cooperation and assistance to facilitate the prevention, investigation, and prosecution of acts of corruption.
"(8) Independent media, committed to fighting corruption and trained in investigative journalism techniques, can both educate the public on the costs of corruption and act as a deterrent against corrupt officials.
"(9) Competent and independent judiciary, founded on a merit-based selection process and trained to enforce contracts and protect property rights, is critical for creating a predictable and consistent environment for transparency in legal procedures.
"(10) Independent and accountable legislatures, responsive political parties, and transparent electoral processes, in conjunction with professional, accountable, and transparent financial management and procurement policies and procedures, are essential to the promotion of good governance and to the combat of corruption.
"(11) Transparent business frameworks, including modern commercial codes and intellectual property rights, are vital to enhancing economic growth and decreasing corruption at all levels of society.
"(12) The United States should attempt to improve accountability in foreign countries, including by—
"(A) promoting transparency and accountability through support for independent media, promoting financial disclosure by public officials, political parties, and candidates for public office, open budgeting processes, adequate and effective internal control systems, suitable financial management systems, and financial and compliance reporting;
"(B) supporting the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies;
"(C) promoting responsive, transparent, and accountable legislatures that ensure legislative oversight and whistle-blower protection;
"(D) promoting judicial reforms that criminalize corruption and promoting law enforcement that prosecutes corruption;
"(E) fostering business practices that promote transparent, ethical, and competitive behavior in the private sector through the development of an effective legal framework for commerce, including anti-bribery laws, commercial codes that incorporate international standards for business practices, and protection of intellectual property rights; and
"(F) promoting free and fair national, state, and local elections.
"(b)
Deadline for Initial Report
§2152d. Assistance to foreign countries to meet minimum standards for the elimination of trafficking
(a) Authorization
The President is authorized to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to meet the minimum standards for the elimination of trafficking (as defined in
(1) the drafting of laws to prohibit and punish acts of trafficking;
(2) the investigation and prosecution of traffickers, including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation;
(3) the creation and maintenance of facilities, programs, projects, and activities for the protection of victims; and
(4) the expansion of exchange programs and international visitor programs for governmental and nongovernmental personnel to combat trafficking.
(b) Funding
Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chapter) and the Support for East European Democracy (SEED) Act of 1989 [
(
References in Text
The Support for East European Democracy (SEED) Act of 1989, 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
Amendments
2008—Subsec. (a)(2).
2003—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
§2152e. Program to improve building construction and practices in Latin American countries
(a) In general
The President, acting through the Administrator of the United States Agency for International Development, is authorized, under such terms and conditions as the President may determine, to carry out a program to improve building construction codes and practices in Ecuador, El Salvador, and other Latin American countries (in this section referred to as the "program").
(b) Program description
(1) In general
The program shall be in the form of grants to, or contracts with, organizations described in paragraph (2) to support the following activities:
(A) Training
Training of appropriate professionals in Latin America from both the public and private sectors to enhance their understanding of building and housing codes and standards.
(B) Translation and distribution
Translating and distributing in the region detailed construction manuals, model building codes, and publications from organizations described in paragraph (2), including materials that address zoning, egress, fire and life safety, plumbing, sewage, sanitation, electrical installation, mechanical installation, structural engineering, and seismic design.
(C) Other assistance
Offering other relevant assistance as needed, such as helping government officials develop seismic micro-zonation maps or draft pertinent legislation, to implement building codes and practices that will help improve the resistance of buildings and housing in the region to seismic activity and other natural disasters.
(2) Covered organizations
Grants and contracts provided under this section shall be carried out through United States organizations with expertise in the areas described in paragraph (1), including the American Society of Testing Materials, the Underwriters Laboratories, the American Society of Mechanical Engineers, the American Society of Civil Engineers, the American Society of Heating, Refrigeration, and Air Conditioning Engineers, the International Association of Plumbing and Mechanical Officials, the International Code Council, and the National Fire Protection Association.
(
Codification
Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§2152f. Assistance for orphans and other vulnerable children
(a) Findings
Congress finds the following:
(1) There are more than 143,000,000 orphans living 1 sub-Saharan Africa, Asia, Latin America, and the Caribbean. Of this number, approximately 16,200,000 children have lost both parents.
(2) The HIV/AIDS pandemic has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. The pandemic is deepening poverty in entire communities, and is jeopardizing the health, safety, and survival of all children in affected countries. It is estimated that 14,000,000 children have lost one or both parents to AIDS.
(3) The orphans crisis in sub-Saharan Africa has implications for human welfare, development, and political stability that extend far beyond the region, affecting governments and people worldwide.
(4) Extended families and local communities are struggling to meet the basic needs of orphans and vulnerable children by providing food, health care including treatment of children living with HIV/AIDS, education expenses, and clothing.
(5) Famines, natural disasters, chronic poverty, ongoing conflicts, and civil wars in developing countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humanitarian assistance or other support from the United States.
(6) The United States Government administers various assistance programs for orphans and other vulnerable children in developing countries. In order to improve targeting and programming of resources, the United States Agency for International Development should develop methods to adequately track the overall number of orphans and other vulnerable children receiving assistance, the kinds of programs for such children by sector and location, and any other such related data and analysis.
(7) The United States Agency for International Development should improve its capabilities to deliver assistance to orphans and other vulnerable children in developing countries through partnerships with private volunteer organizations, including community and faith-based organizations.
(8) The United States Agency for International Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries.
(9) Providing assistance to such children is an important expression of the humanitarian concern and tradition of the people of the United States.
(b) Definitions
In this section:
(1) AIDS
The term "AIDS" has the meaning given the term in section 2151b–2(g)(1) 2 of this title.
(2) Children
The term "children" means persons who have not attained 18 years of age.
(3) HIV/AIDS
The term "HIV/AIDS" has the meaning given the term in section 2151b–2(g)(3) 2 of this title.
(4) Orphan
The term "orphan" means a child deprived by death of one or both parents.
(5) Psychosocial support
The term "psychosocial support" includes care that addresses the ongoing psychological and social problems that affect individuals, their partners, families, and caregivers in order to alleviate suffering, strengthen social ties and integration, provide emotional support, and promote coping strategies.
(c) Assistance
The President is authorized to provide assistance, including providing such assistance through international or nongovernmental organizations, for programs in developing countries to provide basic care and services for orphans and other vulnerable children. Such programs should provide assistance—
(1) to support families and communities to mobilize their own resources through the establishment of community-based organizations to provide basic care for orphans and other vulnerable children;
(2) for school food programs, including the purchase of local or regional foodstuffs where appropriate;
(3) to increase primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure;
(4) to provide employment training and related services for orphans and other vulnerable children who are of legal working age;
(5) to protect and promote the inheritance rights of orphans, other vulnerable children, and widows;
(6) to provide culturally appropriate psychosocial support to orphans and other vulnerable children; and
(7) to treat orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies.
(d) Monitoring and evaluation
(1) Establishment
To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the strategy required in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to orphans and other vulnerable children.
(2) Requirements
The monitoring and evaluation system shall—
(A) establish performance goals for the assistance and expresses 3 such goals in an objective and quantifiable form, to the extent feasible;
(B) establish performance indicators to be used in measuring or assessing the achievement of the performance goals described in subparagraph (A); and
(C) provide a basis for recommendations for adjustments to the assistance to enhance the impact of assistance.
(e) Special Advisor for Assistance to Orphans and Vulnerable Children
(1) Appointment
(A) In general
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall appoint a Special Advisor for Assistance to Orphans and Vulnerable Children.
(B) Delegation
At the discretion of the Secretary of State, the authority to appoint a Special Advisor under subparagraph (A) may be delegated by the Secretary of State to the Administrator of the United States Agency for International Development.
(2) Duties
The duties of the Special Advisor for Assistance to Orphans and Vulnerable Children shall include the following:
(A) Coordinate assistance to orphans and other vulnerable children among the various offices, bureaus, and field missions within the United States Agency for International Development.
(B) Advise the various offices, bureaus, and field missions within the United States Agency for International Development to ensure that programs approved for assistance under this section are consistent with best practices, meet the requirements of this chapter, and conform to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(C) Advise the various offices, bureaus, and field missions within the United States Agency for International Development in developing any component of their annual plan, as it relates to assistance for orphans or other vulnerable children in developing countries, to ensure that each program, project, or activity relating to such assistance is consistent with best practices, meets the requirements of this chapter, and conforms to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(D) Coordinate all United States assistance to orphans and other vulnerable children among United States departments and agencies, including the provision of assistance relating to HIV/AIDS authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (
(E) Establish priorities that promote the delivery of assistance to the most vulnerable populations of orphans and children, particularly in those countries with a high rate of HIV infection among women.
(F) Disseminate a collection of best practices to field missions of the United States Agency for International Development to guide the development and implementation of programs to assist orphans and vulnerable children.
(G) Administer the monitoring and evaluation system established in subsection (d) of this section.
(H) Prepare the annual report required by
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2006 and 2007.
(2) Availability of funds
Amounts made available under paragraph (1) are authorized to remain available until expended.
(
References in Text
Section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, referred to in subsecs. (d)(1) and (e)(2)(B), (C), is section 4 of
This chapter, referred to in subsec. (e)(2)(B), (C), was in the original "this Act", meaning
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, referred to in subsec. (e)(2)(D), is
Codification
Another section 135 of
Findings
"(1) As of July 2004, there were more than 143,000,000 children living in sub-Saharan Africa, Asia, Latin America, and the Caribbean who were identified as orphans, having lost one or both of their parents. Of this number, approximately 16,200,000 children were identified as double orphans, having lost both parents—the vast majority of whom died of AIDS. These children often are disadvantaged in numerous and devastating ways and most households with orphans cannot meet the basic needs of health care, food, clothing, and educational expenses.
"(2) It is estimated that 121,000,000 children worldwide do not attend school and that the majority of such children are young girls. According to the United Nations Children's Fund (UNICEF), orphans are less likely to be in school and more likely to be working full time.
"(3) School food programs, including take-home rations, in developing countries provide strong incentives for children to remain in school and continue their education. School food programs can reduce short-term hunger, improve cognitive functions, and enhance learning, behavior, and achievement.
"(4) Financial barriers, such as school fees and other costs of education, prevent many orphans and other vulnerable children in developing countries from attending school. Providing children with free primary school education, while simultaneously ensuring that adequate resources exist for teacher training and infrastructure, would help more orphans and other vulnerable children obtain a quality education.
"(5) The trauma that results from the loss of a parent can trigger behavior problems of aggression or emotional withdrawal and negatively affect a child's performance in school and the child's social relations. Children living in families affected by HIV/AIDS or who have been orphaned by AIDS often face stigmatization and discrimination. Providing culturally appropriate psychosocial support to such children can assist them in successfully accepting and adjusting to their circumstances.
"(6) Orphans and other vulnerable children in developing countries routinely are denied their inheritance or encounter difficulties in claiming the land and other property which they have inherited. Even when the inheritance rights of women and children are spelled out in law, such rights are difficult to claim and are seldom enforced. In many countries it is difficult or impossible for a widow, even if she has young children, to claim property after the death of her husband.
"(7) The HIV/AIDS pandemic has had a devastating affect on children and is deepening poverty in entire communities and jeopardizing the health, safety, and survival of all children in affected areas.
"(8) The HIV/AIDS pandemic has increased the number of orphans worldwide and has exacerbated the poor living conditions of the world's poorest and most vulnerable children. AIDS has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. An estimated 14,000,000 orphans have lost 1 or both parents to AIDS. By 2010, it is estimated that over 25,000,000 children will have been orphaned by AIDS.
"(9) Approximately 2,500,000 children under the age of 15 worldwide have HIV/AIDS. Every day another 2,000 children under the age of 15 are infected with HIV. Without treatment, most children born with HIV can expect to die by age two, but with sustained drug treatment through childhood, the chances of long-term survival and a productive adulthood improve dramatically.
"(10) Few international development programs specifically target the treatment of children with HIV/AIDS in developing countries. Reasons for this include the perceived low priority of pediatric treatment, a lack of pediatric health care professionals, lack of expertise and experience in pediatric drug dosing and monitoring, the perceived complexity of pediatric treatment, and mistaken beliefs regarding the risks and benefits of pediatric treatment.
"(11) Although a number of organizations seek to meet the needs of orphans or other vulnerable children, extended families and local communities continue to be the primary providers of support for such children.
"(12) The HIV/AIDS pandemic is placing huge burdens on communities and is leaving many orphans with little support. Alternatives to traditional orphanages, such as community-based resource centers, continue to evolve in response to the massive number of orphans that has resulted from the pandemic.
"(13) The AIDS orphans crisis in sub-Saharan Africa has implications for political stability, human welfare, and development that extend far beyond the region, affecting governments and people worldwide, and this crisis requires an accelerated response from the international community.
"(14) Although section 403(b) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (
"(15) Numerous United States and indigenous private voluntary organizations, including faith-based organizations, provide assistance to orphans and other vulnerable children in developing countries. Many of these organizations have submitted applications for grants to the Administrator of the United States Agency for International Development to provide increased levels of assistance for orphans and other vulnerable children in developing countries.
"(16) Increasing the amount of assistance that is provided by the Administrator of the United States Agency for International Development through United States and indigenous private voluntary organizations, including faith-based organizations, will provide greater protection for orphans and other vulnerable children in developing countries.
"(17) It is essential that the United States Government adopt a comprehensive approach for the provision of assistance to orphans and other vulnerable children in developing countries. A comprehensive approach would ensure that important services, such as basic care, psychosocial support, school food programs, increased educational opportunities and employment training and related services, the protection and promotion of inheritance rights for such children, and the treatment of orphans and other vulnerable children with HIV/AIDS, are made more accessible.
"(18) Assistance for orphans and other vulnerable children can best be provided by a comprehensive approach of the United States Government that—
"(A) ensures that Federal agencies and the private sector coordinate efforts to prevent and eliminate duplication of efforts and waste in the provision of such assistance; and
"(B) to the maximum extent possible, focuses on community-based programs that allow orphans and other vulnerable children to remain connected to the traditions and rituals of their families and communities."
Strategy of the United States
"(a)
"(b)
"(1) will not impede the efficiency of implementing assistance programs for orphans and vulnerable children; and
"(2) addresses the specific needs of indigenous populations.
"(c)
"(1) the identity of each agency or department of the Federal Government that is providing assistance for orphans and vulnerable children in foreign countries;
"(2) a description of the efforts of the head of each such agency or department to coordinate the provision of such assistance with other agencies or departments of the Federal Government or nongovernmental entities;
"(3) a description of a coordinated strategy, including coordination with other bilateral and multilateral donors, to provide the assistance authorized in section 135 of the Foreign Assistance Act of 1961 [
"(4) an analysis of additional coordination mechanisms or procedures that could be implemented to carry out the purposes of such section;
"(5) a description of a monitoring system that establishes performance goals for the provision of such assistance and expresses such goals in an objective and quantifiable form, to the extent feasible; and
"(6) a description of performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (5)."
[For definition of "appropriate congressional committees" as used in section 4 of
1 So in original. Probably should be "living in".
2 See References in Text note below.
3 So in original. Probably should be "express".
§2152g. Annual report
(a) Report
Not later than one year after the date on which the President transmits to the appropriate congressional committees the strategy required by section 4(a), and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act.
(b) Contents
The report shall contain the following information for grants, cooperative agreements, contracts, contributions, and other forms of assistance awarded or entered into under
(1) The amount of funding, the name of recipient organizations, the location of programs and activities, the status of progress of programs and activities, and the estimated number of orphans and other vulnerable children who received direct or indirect assistance under the programs and activities.
(2) The results of the monitoring and evaluation system with respect to assistance for orphans and other vulnerable children.
(3) The percentage of assistance provided in support of orphans or other vulnerable children affected by HIV/AIDS.
(4) Any other appropriate information relating to the needs of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance authorized in
(
References in Text
Section 4(a), referred to in subsec. (a), is section 4(a) of
This Act, referred to in subsec. (a), is
Codification
Section was enacted as part of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Appropriate Congressional Committees Defined
§2152h. Assistance to provide safe water and sanitation
(a) Purposes
The purposes of assistance authorized by this section are—
(1) to promote good health, economic development, poverty reduction, women's empowerment, conflict prevention, and environmental sustainability by providing assistance to expand access to safe water and sanitation, promoting integrated water resource management, and improving hygiene for people around the world;
(2) to seek to reduce by one-half from the baseline year 1990 the proportion of people who are unable to reach or afford safe drinking water and the proportion of people without access to basic sanitation by 2015;
(3) to focus water and sanitation assistance toward the countries, locales, and people with the greatest need;
(4) to promote affordability and equity in the provision of access to safe water and sanitation for the very poor, women, and other vulnerable populations;
(5) to improve water efficiency through water demand management and reduction of unaccounted-for water;
(6) to promote long-term sustainability in the affordable and equitable provision of access to safe water and sanitation through the creation of innovative financing mechanisms such as national revolving funds, and by strengthening the capacity of recipient governments and communities to formulate and implement policies that expand access to safe water and sanitation in a sustainable fashion, including integrated planning;
(7) to secure the greatest amount of resources possible, encourage private investment in water and sanitation infrastructure and services, particularly in lower middle-income countries, without creating unsustainable debt for low-income countries or unaffordable water and sanitation costs for the very poor; and
(8) to promote the capacity of recipient governments to provide affordable, equitable, and sustainable access to safe water and sanitation.
(b) Authorization
To carry out the purposes of subsection (a) of this section, the President is authorized to furnish assistance for programs in developing countries to provide affordable and equitable access to safe water and sanitation.
(c) Activities supported
Assistance provided under subsection (b) of this section shall, to the maximum extent practicable, be used to—
(1) expand affordable and equitable access to safe water and sanitation for underserved populations;
(2) support the design, construction, maintenance, upkeep, repair, and operation of water delivery and sanitation systems;
(3) improve the safety and reliability of water supplies, including environmental management; and
(4) improve the capacity of recipient governments and local communities, including capacity-building programs for improved water resource management.
(d) Local currency
The President may use payments made in local currencies under an agreement made under title I of the Food for Peace Act (
(
References in Text
The Food for Peace Act, referred to in subsec. (d), is act July 10, 1954, ch. 469,
Codification
Another section 135 of
Amendments
2008—Subsec. (d).
Effective Date of 2008 Amendment
Amendment by
Water for the Poor
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Senator Paul Simon Water for the Poor Act of 2005'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) Water-related diseases are a human tragedy, killing up to five million people annually, preventing millions of people from leading healthy lives, and undermining development efforts.
"(2) A child dies an average of every 15 seconds because of lack of access to safe water and adequate sanitation.
"(3) In the poorest countries in the world, one out of five children dies from a preventable, water-related disease.
"(4) Lack of access to safe drinking water, inadequate sanitation, and poor hygiene practices are directly responsible for the vast majority of diarrheal diseases which kill over two million children each year.
"(5) At any given time, half of all people in the developing world are suffering from one or more of the main diseases associated with inadequate provision of water supply and sanitation services.
"(6) Over 1.1 billion people, one in every six people in the world, lack access to safe drinking water.
"(7) Nearly 2.6 billion people, two in every five people in the world, lack access to basic sanitation services.
"(8) Half of all schools in the world do not have access to safe drinking water and basic sanitation.
"(9) Over the past 20 years, two billion people have gained access to safe drinking water and 600 million people have gained access to basic sanitation services.
"(10) Access to safe water and sanitation and improved hygiene are significant factors in controlling the spread of disease in the developing world and positively affecting worker productivity and economic development.
"(11) Increasing access to safe water and sanitation advances efforts toward other development objectives, such as fighting poverty and hunger, promoting primary education and gender equality, reducing child mortality, promoting environmental stability, improving the lives of slum dwellers, and strengthening national security.
"(12) Providing safe supplies of water and sanitation and hygiene improvements would save millions of lives by reducing the prevalence of water-borne diseases, water-based diseases, water-privation diseases, and water-related vector diseases.
"(13) Because women and girls in developing countries are often the carriers of water, lack of access to safe water and sanitation disproportionately affects women and limits women's opportunities at education, livelihood, and financial independence.
"(14) Between 20 percent and 50 percent of existing water systems in developing countries are not operating or are operating poorly.
"(15) In developing world water delivery systems, an average of 50 percent of all water is lost before it gets to the end-user.
"(16) Every $1 invested in safe water and sanitation would yield an economic return of between $3 and $34, depending on the region.
"(17) Developing sustainable financing mechanisms, such as pooling mechanisms and revolving funds, is necessary for the long-term viability of improved water and sanitation services.
"(18) The annual level of investment needed to meet the water and sanitation needs of developing countries far exceeds the amount of Official Development Assistance (ODA) and spending by governments of developing countries, so facilitating and attracting greater public and private investment is essential.
"(19) Meeting the water and sanitation needs of the lowest-income developing countries will require an increase in the resources available as grants from donor countries.
"(20) The long-term sustainability of improved water and sanitation services can be advanced by promoting community level action and engagement with civil society.
"(21) Target 10 of the United Nations Millennium Development Goals is to reduce by half the proportion of people without sustainable access to safe drinking water by 2015.
"(22) The participants in the 2002 World Summit on Sustainable Development, held in Johannesburg, South Africa, including the United States, agreed to the Plan of Implementation of the World Summit on Sustainable Development which included an agreement to work to reduce by one-half 'the proportion of people who are unable to reach or afford safe drinking water,' and 'the proportion of people without access to basic sanitation' by 2015.
"(23) At the World Summit on Sustainable Development, the United States announced the Water for the Poor Initiative, committing $970 million for fiscal years 2003 through 2005 to improve sustainable management of fresh water resources and accelerate and expand international efforts to achieve the goal of cutting in half by 2015 the proportion of people who are unable to reach or to afford safe drinking water.
"(24) United Nations General Assembly Resolution 58/217 (February 9, 2004) proclaimed 'the period from 2005 to 2015 the International Decade for Action, "Water for Life", to commence on World Water Day, 22 March 2005' for the purpose of increasing the focus of the international community on water-related issues at all levels and on the implementation of water-related programs and projects.
"(25) Around the world, 263 river basins are shared by two or more countries, and many more basins and watersheds cross political or ethnic boundaries.
"(26) Water scarcity can contribute to insecurity and conflict on subnational, national, and international levels, thus endangering the national security of the United States.
"(27) Opportunities to manage water problems can be leveraged in ways to build confidence, trust, and peace between parties in conflict.
"(28) Cooperative water management can help resolve conflicts caused by other problems and is often a crucial component in resolving such conflicts.
"(29) Cooperative water management can help countries recover from conflict and, by promoting dialogue and cooperation among former parties in conflict, can help prevent the reemergence of conflict.
"SEC. 3. STATEMENT OF POLICY.
"It is the policy of the United States—
"(1) to increase the percentage of water and sanitation assistance targeted toward countries designated as high priority countries under section 6(f) of this Act;
"(2) to ensure that water and sanitation assistance reflect an appropriate balance of grants, loans, contracts, investment insurance, loan guarantees, and other assistance to further ensure affordability and equity in the provision of access to safe water and sanitation for the very poor;
"(3) to ensure that the targeting of water and sanitation assistance reflect an appropriate balance between urban, periurban, and rural areas to meet the purposes of assistance described in section 135 of the Foreign Assistance Act of 1961 [this section], as added by section 5(a) of this Act;
"(4) to ensure that forms of water and sanitation assistance provided reflect the level of existing resources and markets for investment in water and sanitation within recipient countries;
"(5) to ensure that water and sanitation assistance, to the extent possible, supports the poverty reduction strategies of recipient countries and, when appropriate, encourages the inclusion of water and sanitation within such poverty reduction strategies;
"(6) to promote country and local ownership of safe water and sanitation programs, to the extent appropriate;
"(7) to promote community-based approaches in the provision of affordable and equitable access to safe water and sanitation, including the involvement of civil society;
"(8) to mobilize and leverage the financial and technical capacity of businesses, governments, nongovernmental organizations, and civil society in the form of public-private alliances;
"(9) to encourage reforms and increase the capacity of foreign governments to formulate and implement policies that expand access to safe water and sanitation in an affordable, equitable, and sustainable manner, including integrated strategic planning; and
"(10) to protect the supply and availability of safe water through sound environmental management, including preventing the destruction and degradation of ecosystems and watersheds.
"SEC. 4. SENSE OF CONGRESS.
"It is the sense of Congress that—
"(1) in order to make the most effective use of amounts of Official Development Assistance for water and sanitation and avoid waste and duplication, the United States should seek to establish innovative international coordination mechanisms based on best practices in other development sectors; and
"(2) the United States should greatly increase the amount of Official Development Assistance made available to carry out section 135 of the Foreign Assistance Act of 1961 [this section], as added by section 5(a) of this Act.
"SEC. 5. ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION.
"(a)
"(b)
"SEC. 6. SAFE WATER AND SANITATION STRATEGY.
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) an assessment of the activities that have been carried out, or that are planned to be carried out, by all appropriate Federal departments and agencies to improve affordable and equitable access to safe water and sanitation in all countries that receive assistance from the United States;
"(2) specific and measurable goals, benchmarks, and timetables to achieve the objective described in subsection (a);
"(3) an assessment of the level of funding and other assistance for United States water and sanitation programs needed each year to achieve the goals, benchmarks, and timetables described in paragraph (2);
"(4) methods to coordinate and integrate United States water and sanitation assistance programs with other United States development assistance programs to achieve the objective described in subsection (a);
"(5) methods to better coordinate United States water and sanitation assistance programs with programs of other donor countries and entities to achieve the objective described in subsection (a); and
"(6) an assessment of the commitment of governments of countries that receive assistance under section 135 of the Foreign Assistance Act of 1961, as added by section 5(a) of this Act, to policies or policy reforms that support affordable and equitable access by the people of such countries to safe water and sanitation.
"(f)
"(1) countries in which the need for increased access to safe water and sanitation is greatest; and
"(2) countries in which assistance under such section can be expected to make the greatest difference in promoting good health, economic development, poverty reduction, women's empowerment, conflict prevention, and environmental sustainability.
"(g)
"(1)
"(2)
"(A)
"(B)
"(3)
"(A) the Committee on International Relations [now Committee on Foreign Affairs] 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.
"SEC. 7. MONITORING REQUIREMENT.
"The Secretary of State and the Administrator of the United States Agency for International Development shall monitor the implementation of assistance under section 135 of the Foreign Assistance Act of 1961 [this section], as added by section 5(a) of this Act, to ensure that the assistance is reaching its intended targets and meeting the intended purposes of assistance.
"SEC. 8. SENSE OF CONGRESS REGARDING DEVELOPMENT OF LOCAL CAPACITY.
"It is the sense of Congress that the Secretary of State should expand current programs and develop new programs, as necessary, to train local water and sanitation managers and other officials of countries that receive assistance under section 135 of the Foreign Assistance Act of 1961 [this section], as added by section 5(a) of this Act.
"SEC. 9. SENSE OF CONGRESS REGARDING ADDITIONAL WATER AND SANITATION PROGRAMS.
"It is the sense of the Congress that—
"(1) the United States should further support, as appropriate, water and sanitation activities of United Nations agencies, such as the United Nations Children's Fund (UNICEF), the United Nations Development Programme (UNDP), and the United Nations Environment Programme (UNEP); and
"(2) the Secretary of the Treasury should instruct each United States Executive Director at the multilateral development banks (within the meaning of section 1701(c) of the International Financial Institutions Act [
"SEC. 10. REPORT REGARDING WATER FOR PEACE AND SECURITY.
"(a)
"(b)
"SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"(c)
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.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2000—Subsec. (d).
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
§§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
§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 and
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
§§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
§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
§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
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.
(
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
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
§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
§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) Omitted
(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
Subsec. (g) of this section, which required, at intervals of six months, 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 to 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, terminated, effective May 15, 2000, pursuant to section 3003 of
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) Omitted
(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,
Codification
Subsec. (h) of this section, which required the Administrator and the President of the Bank, every 6 months, to 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, terminated, effective May 15, 2000, pursuant to section 3003 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
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
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
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.
§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
§2191b. Worker rights and human rights guidelines
The President of the Overseas Private Investment Corporation is hereby authorized and directed to issue, not later than 9 months after December 16, 2009, a comprehensive set of environmental, transparency and internationally recognized worker rights and human rights guidelines with requirements binding on the Corporation and its investors that shall be consistently applied to all projects, funds and sub-projects supported by the Corporation: Provided, That these regulations shall be no less rigorous than the environmental and social guidelines that the Corporation has made publicly available as of June 3, 2009, and the environmental and social policies of the World Bank Group, and hereafter may be issued and further revised only following public notice and opportunity for comment: Provided further, That the Overseas Private Investment Corporation shall issue a report, not later than 180 days after December 16, 2009, highlighting its substantial commitment to invest in renewable and other clean energy technologies and plans to significantly reduce greenhouse gas emissions from its portfolio: Provided further, That such commitment shall include implementing a revised climate change mitigation plan to reduce greenhouse gas emissions associated with projects and sub-projects in the agency's portfolio as of June 30, 2008 by at least 30 percent over a 10-year period and by at least 50 percent over a 15-year period.
(
Codification
Section was enacted as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, and also as part of the Consolidated Appropriations Act, 2010, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
§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 principal officers of the Government of the United States whose duties relate to the programs of the Corporation, including the President of the Corporation, the Administrator of the Agency for International Development, the United States Trade Representative, and one such officer 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
(e) Investment advisory council
The Board shall take prompt measures to increase the loan, guarantee, and insurance programs, and financial commitments, of the Corporation in sub-Saharan Africa, including through the use of an investment advisory council to assist the Board in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa. In addition, the investment advisory council shall make recommendations to the Board on how the Corporation can facilitate greater support by the United States for trade and investment with and in sub-Saharan Africa. The investment advisory council shall terminate 4 years after May 18, 2000.
(
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b), is set out in
Prior Provisions
A prior section 233 of
Amendments
2003—Subsec. (b).
2000—Subsec. (e).
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 or any political subdivision thereof;
(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.
(h) Local currency guaranties for eligible investors
To issue to—
(1) eligible investors, or
(2) local financial institutions, guaranties,
denominated in currencies other than United States dollars, of loans and other investments made to projects sponsored by or significantly involving eligible investors, assuring against loss due to such risks and upon such terms and conditions as the Corporation may determine, for projects that the Corporation determines to have significant developmental effects or as the Corporation determines to be necessary or appropriate to carry out the purposes of this subpart.
(
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
2003—Subsec. (a)(1)(B).
Subsec. (h).
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).
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,
Extension of OPIC Authority
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
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—
§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 a noncredit account revolving fund, which 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 of the fund has 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 noncredit account revolving 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 noncredit account revolving fund until the amount of funds in the noncredit account revolving fund is less than $25,000,000. Any appropriations to augment the noncredit account revolving fund 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
(
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (d), is title V of
Codification
Amendment by
In subsec. (f), "
Amendments
2003—Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (c).
Subsec. (d).
Subsec. (f).
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).
Extension of Period Under Subsection (a)(2)
For delayed applicability of subsec. (a)(2), see section 7079(c) of
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.
(
§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).
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
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, a political subdivision of a foreign government, or a corporation owned or controlled 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) 1 of this title (exclusive of authority relating to informational media guaranties); and
(g) the term "local financial institution"—
(1) means any bank or financial institution that is organized under the laws of any country or area in which the Corporation operates; but
(2) does not include a branch, however organized, of a bank or other financial institution that is organized under the laws of a country in which the Corporation does not operate.
(
References in Text
The Foreign Assistance Act of 1969, referred to in subsec. (f), is
Amendments
2003—Subsec. (b).
Subsec. (d).
Subsec. (g).
1992—Subsecs. (c) to (f).
1985—Subsec. (c)(2).
1981—Subsec. (a).
1972—Subsec. (c).
1 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 Government Accountability 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 Government Accountability 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 Government Accountability 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
2004—Subsec. (c)(2) to (4).
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
§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
(a) In general
The Corporation shall undertake, in cooperation with appropriate departments, agencies, and instrumentalities of the United States as well as private entities and others, to broaden the participation of United States small business, cooperatives, and other small United States investors in the development of small private enterprise in less developed friendly countries or areas. The Corporation shall allocate up to 50 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
(b) Outreach to minority-owned and women-owned businesses
The Corporation shall collect data on the involvement of minority- and women-owned businesses in projects supported by the Corporation, including—
(1) the amount of insurance and financing provided by the Corporation to such businesses in connection with projects supported by the Corporation; and
(2) to the extent such information is available, the involvement of such businesses in procurement activities conducted or supported by the Corporation.
The Corporation shall include, in its annual report submitted to the Congress under
(
Prior Provisions
A prior section 2200,
Amendments
2003—
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
§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—microenterprise development assistance
Prior Provisions
A prior subpart VI, consisting of sections 2211 to 2213, related to Alliance for Progress, prior to repeal by
Division A—Grant Assistance
§2211. Findings and policy
Congress finds and declares the following:
(1) Access to financial services and the development of microenterprise are vital factors in the stable growth of developing countries and in the development of free, open, and equitable international economic systems.
(2) It is therefore in the best interest of the United States to facilitate access to financial services and assist the development of microenterprise in developing countries.
(3) Access to financial services and the development of microenterprises can be supported by programs providing credit, savings, training, technical assistance, business development services, and other financial services.
(4) Given the relatively high percentage of populations living in rural areas of developing countries, and the combined high incidence of poverty in rural areas and growing income inequality between rural and urban markets, microenterprise programs should target both rural and urban poor.
(5) Microenterprise programs have been successful and should continue to empower vulnerable women in the developing world. The Agency should work to ensure that recipients of microenterprise and microfinance development assistance under this subpart communicate and work with nongovernmental organizations and government organizations to identify and assist victims of trafficking as provided for in
(6) Given that microenterprise programs have been successful in empowering disenfranchised groups such as women, microenterprise programs should also target populations disenfranchised due to race or ethnicity in countries where a strong relationship between poverty and race or ethnicity has been demonstrated, such as countries in Latin America.
(
Prior Provisions
A prior section 2211,
Findings and Policy
"(1) Congress has demonstrated its support for microenterprise development assistance programs through the enactment of two comprehensive microenterprise laws:
"(A) The Microenterprise for Self-Reliance Act of 2000 (title I of
"(B)
"(2) The report on the effectiveness of the United States Agency for International Development's microfinance program, prepared by the Consultative Group to Assist the Poor, rated the Agency in the top tier of the 17 donors in this field.
"(3) The Comptroller General, in a report dated November 2003, found that the United States Agency for International Development has met some, but not all, of the key objectives of such microenterprise development assistance programs.
"(4) The Comptroller General's report found, among other things, the following:
"(A) Microenterprise development assistance generally can help alleviate some impacts of poverty, improve income levels and quality of life for borrowers and provide poor individuals, workers, and their families with an important coping mechanism.
"(B) Microenterprise development assistance programs of the United States Agency for International Development have encouraged women's participation in microfinance projects and, according to data of the Agency, women have comprised two-thirds or more of the micro-loan clients in Agency-funded microenterprise projects since 1997.
"(5)(A) The Comptroller General's report recommends that the Administrator of the United States Agency for International Development review the Agency's 'microenterprise results reporting' system with the goal of ensuring that its annual reporting is complete and accurate.
"(B) Specifically, the Administrator should review and reconsider the methodologies used for the collection, analysis, and reporting of data on annual spending targets, outreach to the very poor, sustainability of microfinance institutions, and the contribution of Agency's funding to the institutions it supports."
Sense of Congress
"(1) where applicable, should ensure that microenterprise development assistance provided under such title is matched by recipients with an equal amount of assistance from non-United States Government sources, including private donations, multilateral funding, commercial and concessional borrowing, savings, and program income;
"(2) should include in the report required by section 258 of the Foreign Assistance Act of 1961 [
"(3) should ensure that recipients of microenterprise development assistance under such title do not expend an unreasonably large percentage of such assistance on administrative costs;
"(4) should not use recipients of microenterprise development assistance under such title to carry out critical management functions of the Agency, including functions such as strategy development or overall management of programs in a country; and
"(5) should consult with the appropriate congressional committees with respect to the implementation of title VI of
References
§2211a. Authorization; implementation; targeted assistance
(a) Authorization
The President is authorized to provide assistance on a non-reimbursable basis for programs in developing countries to increase the availability of credit, savings, and other services to microfinance and microenterprise clients lacking full access to capital, training, technical assistance, and business development services, through—
(1) assistance for the purpose of expanding the availability of credit, savings, and other financial and non-financial services to microfinance and microenterprise clients;
(2) assistance for the purpose of training, technical assistance, and business development services for microenterprises to enable them to make better use of credit, to better manage their enterprises, to conduct market analysis and product development for expanding domestic and international sales, particularly to United States markets, and to increase their income and build their assets;
(3) capacity-building for microfinance and microenterprise institutions in order to enable them to better meet the credit, savings, and training needs of microfinance and microenterprise clients; and
(4) policy, regulatory programs, and research at the country level that improve the environment for microfinance and microenterprise clients and institutions that serve the poor and very poor.
(b) Implementation
(1) Office of microenterprise development
There is established within the Agency an office of microenterprise development, which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development.
(2) Additional provisions
(A) Use of implementing partner organizations
Assistance under this section shall emphasize the use of implementing partner organizations that best meet the requirements of subparagraph (C).
(B) Use of central funding mechanisms
(i) Program
In order to ensure that assistance under this subpart is distributed effectively and efficiently, the office shall also seek to implement a program of central funding under which assistance is administered directly by the office, including through targeted core support for microfinance and microenterprise networks and other practitioners.
(ii) Funding
Of the amount made available to carry out this division for a fiscal year, not less than $25,000,000 should be made available to carry out clause (i).
(C) Efficiency and cost-effectiveness
Assistance under this section shall meet high standards of efficiency, cost-effectiveness, and sustainability and shall especially provide the greatest possible resources to the poor and very poor. When administering assistance under this section, the Administrator shall—
(i) take into consideration the percentage of funds a provider of assistance intends to expend on administrative costs;
(ii) take all appropriate steps to ensure that the provider of assistance keeps administrative costs as low as practicable to ensure the maximum amount of funds are used for directly assisting microfinance and microenterprise clients, for establishing sustainable microfinance and microenterprise institutions, or for advancing the microenterprise development field; and
(iii) give preference to proposals from providers of assistance that are the most technically competitive and have a reasonable allocation to overhead and administrative costs.
(3) Approval of strategic plans
With respect to assistance provided under this section, the office shall be responsible for concurring in the microenterprise development components of strategic plans of missions, bureaus, and other offices of the Agency and providing technical support to field missions to help the missions prepare such components.
(c) Targeted assistance
In carrying out sustainable poverty-focused programs under subsection (a) of this section, 50 percent of all microenterprise resources shall be targeted to clients who are very poor. Specifically, until September 30, 2006, such resources shall be used for—
(1) support of programs under this section through practitioner institutions that—
(A) provide credit and other financial services to clients who are very poor, with loans in 1995 United States dollars of—
(i) $1,000 or less in the Europe and Eurasia region;
(ii) $400 or less in the Latin America region; and
(iii) $300 or less in the rest of the world; and
(B) can cover their costs in a reasonable time period; or
(2) demand-driven business development programs that achieve reasonable cost recovery that are provided to clients holding poverty loans (as defined by the regional poverty loan limitations in paragraph (1)(A)), whether they are provided by microfinance institutions or by specialized business development services providers.
(
Prior Provisions
A prior section 252 of
§2211b. Monitoring system
(a) In general
In order to maximize the sustainable development impact of assistance authorized under
(b) Requirements
The requirements referred to in subsection (a) of this section are the following:
(1) The monitoring system shall include performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible.
(2) The monitoring system shall include performance indicators to be used in measuring or assessing the achievement of the performance goals described in paragraph (1) and the objectives of the assistance authorized under
(3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the sustainability and the impact of the assistance, particularly the impact of such assistance on the very poor, particularly poor women.
(4) The monitoring system adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive adequate access to microenterprise loans, savings, and assistance.
(
Prior Provisions
A prior section 253 of
§2211c. Development and certification of poverty measurement methods; application of methods
(a) Development and certification
(1) In general
The Administrator of the Agency, in consultation with microenterprise institutions and other appropriate organizations, shall develop no fewer than two low-cost methods for implementing partner organizations to use to assess the poverty levels of their current incoming or prospective clients. The Administrator shall develop poverty indicators that correlate with the circumstances of the very poor.
(2) Field testing
The Administrator shall field-test the methods developed under paragraph (1). As part of the testing, institutions and programs may use the methods on a voluntary basis to demonstrate their ability to reach the very poor.
(3) Certification
Not later than April 1, 2005, the Administrator shall, from among the low-cost poverty measurement methods developed under paragraph (1), certify no fewer than two such methods as approved methods for measuring the poverty levels of current, incoming, or prospective clients of microenterprise institutions for purposes of assistance under
(b) Application
The Administrator shall require that, with reasonable exceptions, all implementing partner organizations applying for microenterprise assistance under this subpart use one of the certified methods, beginning not later than October 1, 2006, to determine and report the poverty levels of current, incoming, or prospective clients.
(
§2211d. Additional authorities
Notwithstanding any other provision of law, amounts made available for assistance for microenterprise development assistance under any provision of law other than this subpart may be provided to further the purposes of this subpart. To the extent assistance described in the preceding sentence is provided in accordance with such sentence, the Administrator of the Agency shall include, as part of the report required under
(
Division B—Credit Assistance
§2212. Microenterprise development credits
(a) Findings and policy
Congress finds and declares that—
(1) the development of micro- and small enterprises is a vital factor in the stable growth of developing countries and in the development and stability of a free, open, and equitable international economic system; and
(2) it is, therefore, in the best interests of the United States to assist the access to financial services and the development of microenterprises in developing countries and to engage the United States private sector in that process.
(b) Program
To carry out the policy set forth in subsection (a) of this section, the President is authorized to provide assistance to increase the availability of financial services to microenterprise households lacking full access to credit, including through—
(1) loans and guarantees to microfinance institutions for the purpose of expanding the availability of savings and credit to poor and low-income households;
(2) training programs for microfinance institutions in order to enable them to better meet the financial services needs of their clients; and
(3) training programs for clients in order to enable them to make better use of credit, increase their financial literacy, and to better manage their enterprises to improve their quality of life.
(c) Eligibility criteria
The Administrator of the Agency shall establish criteria for determining which microfinance institutions described in subsection (b)(1) of this section are eligible to carry out activities, with respect to microenterprise households, assisted under this section. Such criteria may include the following:
(1) The extent to which the recipients of financial services from the entity do not have access to the local formal financial sector.
(2) The extent to which the recipients of financial services from the entity are among the poorest people in the country.
(3) The extent to which the entity is oriented toward working directly with poor women.
(4) The extent to which the entity recovers its cost of lending.
(5) The extent to which the entity implements a plan to become financially sustainable.
(d) Additional requirement
Assistance provided under this section may only be used to support programs for microenterprise households and may not be used to support programs not directly related to the purposes described in subsection (b) of this section.
(e) Procurement provision
Assistance may be provided under this section without regard to
(f) Availability of funds
(1) In general
Of the amounts authorized to be available to carry out subchapter I of this chapter, there are authorized to be available such sums as may be necessary for each of the fiscal years 2005 through 2009 to carry out this section.
(2) Coverage of subsidy costs
Amounts authorized to be available under paragraph (1) shall be made available to cover the subsidy cost, as defined in
(
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 was formerly classified to
Section 256, formerly 108, of
Prior Provisions
A prior section 2212,
Amendments
2004—Subsec. (c).
Subsec. (f)(1).
2003—
Subsec. (a)(2).
Subsec. (b).
"(1) loans and guarantees to credit institutions for the purpose of expanding the availability of credit to micro- and small enterprises;
"(2) training programs for lenders in order to enable them to better meet the credit needs of microentrepreneurs; and
"(3) training programs for microentrepreneurs in order to enable them to make better use of credit and to better manage their enterprises."
Subsec. (c).
Subsec. (c)(1), (2).
Subsec. (d).
Subsec. (f)(1).
2000—
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
Report to Congress
Findings and Declarations of Policy of 2000 Amendment
"(1) According to the World Bank, more than 1,200,000,000 people in the developing world, or one-fifth of the world's population, subsist on less than $1 a day.
"(2) Over 32,000 of their children die each day from largely preventable malnutrition and disease.
"(3)(A) Women in poverty generally have larger work loads and less access to educational and economic opportunities than their male counterparts.
"(B) Directly aiding the poorest of the poor, especially women, in the developing world has a positive effect not only on family incomes, but also on child nutrition, health and education, as women in particular reinvest income in their families.
"(4)(A) The poor in the developing world, particularly women, generally lack stable employment and social safety nets.
"(B) Many turn to self-employment to generate a substantial portion of their livelihood. In Africa, over 80 percent of employment is generated in the informal sector of the self-employed poor.
"(C) These poor entrepreneurs are often trapped in poverty because they cannot obtain credit at reasonable rates to build their asset base or expand their otherwise viable self-employment activities.
"(D) Many of the poor are forced to pay interest rates as high as 10 percent per day to money lenders.
"(5)(A) The poor are able to expand their incomes and their businesses dramatically when they can access loans at reasonable interest rates.
"(B) Through the development of self-sustaining microfinance programs, poor people themselves can lead the fight against hunger and poverty.
"(6)(A) On February 2–4, 1997, a global Microcredit Summit was held in Washington, District of Columbia, to launch a plan to expand access to credit for self-employment and other financial and business services to 100,000,000 of the world's poorest families, especially the women of those families, by 2005. While this scale of outreach may not be achievable in this short time-period, the realization of this goal could dramatically alter the face of global poverty.
"(B) With an average family size of five, achieving this goal will mean that the benefits of microfinance will thereby reach nearly half of the world's more than 1,000,000,000 absolute poor people.
"(7)(A) Nongovernmental organizations, such as those that comprise the Microenterprise Coalition (such as the Grameen Bank (Bangladesh), K–REP (Kenya), and networks such as Accion International, the Foundation for International Community Assistance (FINCA), and the credit union movement) are successful in lending directly to the very poor.
"(B) Microfinance institutions such as BRAC (Bangladesh), BancoSol (Bolivia), SEWA Bank (India), and ACEP (Senegal) are regulated financial institutions that can raise funds directly from the local and international capital markets.
"(8)(A) Microenterprise institutions not only reduce poverty, but also reduce the dependency on foreign assistance.
"(B) Interest income on the credit portfolio is used to pay recurring institutional costs, assuring the long-term sustainability of development assistance.
"(9) Microfinance institutions leverage foreign assistance resources because loans are recycled, generating new benefits to program participants.
"(10)(A) The development of sustainable microfinance institutions that provide credit and training, and mobilize domestic savings, is a critical component to a global strategy of poverty reduction and broad-based economic development.
"(B) In the efforts of the United States to lead the development of a new global financial architecture, microenterprise should play a vital role. The recent shocks to international financial markets demonstrate how the financial sector can shape the destiny of nations. Microfinance can serve as a powerful tool for building a more inclusive financial sector which serves the broad majority of the world's population including the very poor and women and thus generate more social stability and prosperity.
"(C) Over the last two decades, the United States has been a global leader in promoting the global microenterprise sector, primarily through its development assistance programs at the United States Agency for International Development. Additionally, the Department of the Treasury and the Department of State have used their authority to promote microenterprise in the development programs of international financial institutions and the United Nations.
"(11)(A) In 1994, the United States Agency for International Development launched the 'Microenterprise Initiative' in partnership with the Congress.
"(B) The initiative committed to expanding funding for the microenterprise programs of the Agency, and set a goal that, by the end of fiscal year 1996, one-half of all microenterprise resources would support programs and institutions that provide credit to the poorest, with loans under $300.
"(C) In order to achieve the goal of the microcredit summit, increased investment in microfinance institutions serving the poorest will be critical.
"(12) Providing the United States share of the global investment needed to achieve the goal of the microcredit summit will require only a small increase in United States funding for international microcredit programs, with an increased focus on institutions serving the poorest.
"(13)(A) In order to reach tens of millions of the poorest with microcredit, it is crucial to expand and replicate successful microfinance institutions.
"(B) These institutions need assistance in developing their institutional capacity to expand their services and tap commercial sources of capital.
"(14) Nongovernmental organizations have demonstrated competence in developing networks of local microfinance institutions and other assistance delivery mechanisms so that they reach large numbers of the very poor, and achieve financial sustainability.
"(15) Recognizing that the United States Agency for International Development has developed very effective partnerships with nongovernmental organizations, and that the Agency will have fewer missions overseas to carry out its work, the Agency should place priority on investing in those nongovernmental network institutions that meet performance criteria through the central funding mechanisms of the Agency.
"(16) By expanding and replicating successful microfinance institutions, it should be possible to create a global infrastructure to provide financial services to the world's poorest families.
"(17)(A) The United States can provide leadership to other bilateral and multilateral development agencies as such agencies expand their support to the microenterprise sector.
"(B) The United States should seek to improve coordination among G–7 countries in the support of the microenterprise sector in order to leverage the investment of the United States with that of other donor nations.
"(18) Through increased support for microenterprise, especially credit for the poorest, the United States can continue to play a leadership role in the global effort to expand financial services and opportunity to 100,000,000 of the poorest families on the planet."
Purposes of 2000 Amendment
"(1) to make microenterprise development an important element of United States foreign economic policy and assistance;
"(2) to provide for the continuation and expansion of the commitment of the United States Agency for International Development to the development of microenterprise institutions as outlined in its 1994 Microenterprise Initiative;
"(3) to support and develop the capacity of United States and indigenous nongovernmental organization intermediaries to provide credit, savings, training, technical assistance, and business development services to microenterprise households;
"(4) to emphasize financial services and substantially increase the amount of assistance devoted to both financial services and complementary business development services designed to reach the poorest people in developing countries, particularly women;
"(5) to encourage the United States Agency for International Development to coordinate microenterprise policy, in consultation with the Department of the Treasury and the Department of State, and to provide global leadership among bilateral and multilateral donors in promoting microenterprise for the very poor; and
"(6) to ensure that in the implementation of this title at least 50 percent of all microenterprise assistance under this title, and the amendments made under this title, shall be targeted to the very poor."
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or
"(B) living on the equivalent of less than $1 per day."
Division C—United States Microfinance Loan Facility
§2213. United States Microfinance Loan Facility
(a) Establishment
The Administrator is authorized to establish a United States Microfinance Loan Facility (in this section referred to as the "Facility") to pool and manage the risk from natural disasters, war or civil conflict, national financial crisis, or short-term financial movements that threaten the long-term development of United States-supported microfinance institutions.
(b) Disbursements
(1) In general
The Administrator shall make disbursements from the Facility to United States-supported microfinance institutions to prevent the bankruptcy of such institutions caused by—
(A) natural disasters;
(B) national wars or civil conflict; or
(C) national financial crisis or other short-term financial movements that threaten the long-term development of United States-supported microfinance institutions.
(2) Form of assistance
Assistance under this section shall be in the form of loans or loan guarantees for microfinance institutions that demonstrate the capacity to resume self-sustained operations within a reasonable time period.
(3) Congressional notification procedures
During each of the fiscal years 2005 through 2009, funds may not be made available from the Facility until 15 days after notification of the proposed availability of the funds has been provided to the congressional committees specified in
(c) General provisions
(1) Policy provisions
In providing the credit assistance authorized by this section, the Administrator should apply, as appropriate, the policy provisions in subchapter I of this chapter that are applicable to development assistance activities.
(2) Default and procurement provisions
(A) Default provision
The provisions of
(B) Procurement provision
Assistance may be provided under this section without regard to
(3) Terms and conditions of credit assistance
(A) In general
Credit assistance provided under this section shall be offered on such terms and conditions, including fees charged, as the Administrator may determine.
(B) Limitation on principal amount of financing
The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any single event, may not exceed $30,000,000.
(C) Exception
No payment may be made under any guarantee issued under this section for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(4) Full faith and credit
All guarantees issued under this section shall constitute obligations, in accordance with the terms of such guarantees, of the United States of America, and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations to the extent of the guarantee.
(d) Funding
(1) Allocation of funds
Of the amounts made available to carry out subchapter I of this chapter for each of the fiscal years 2005 through 2009, such sums as may be necessary may be made available for—
(A) the subsidy cost, as defined in
(B) the administrative costs to carry out this section.
(2) Relation to other funding
Amounts made available under paragraph (1) are in addition to amounts available under any other provision of law to carry out this section.
(
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 was formerly classified to
Prior Provisions
A prior section 2213,
Amendments
2004—Subsec. (b)(3). Pub. L. 108—484, §5(c)(2)(A), substituted "2005 through 2009" for "2001 and 2002".
Subsec.(d)(1). Pub. L. 108—484, §5(c)(2)(B), substituted "for each of the fiscal years 2005 through 2009, such sums as may be necessary" for "for the fiscal year 2001, up to $5,000,000".
Subsec. (e).
Division D—Miscellaneous Provisions
§2214. Report
(a) In general
Not later than June 30, 2006, and each June 30 thereafter, the Administrator of the Agency, acting through the Director of the office, shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this subpart for the previous fiscal year.
(b) Contents
The report shall contain the following:
(1) The number of grants, cooperative agreements, contracts, contributions, or other form of assistance provided under
(A) the amount of each grant, cooperative agreement, contract, contribution, or other form of assistance;
(B) the name of each recipient and each developing country with respect to which projects or activities under the grant, cooperative agreement, contract, contribution, or other form of assistance were carried out; and
(C) a listing of the number of countries receiving assistance authorized by
(2) The results of the monitoring system required under
(3) The process of developing and applying poverty assessment procedures required under
(4) The percentage of assistance furnished under
(5) The estimated number of the very poor reached with assistance provided under
(6) The amount of assistance provided under
(7) The name of each country that receives assistance under
(8) Information on the efforts of the Agency to ensure that recipients of United States microenterprise and microfinance development assistance work closely with nongovernmental organizations and foreign governments to identify and assist victims or potential victims of severe forms of trafficking in persons and women who are victims of or susceptible to other forms of exploitation and violence.
(9) Any additional information relating to the provision of assistance authorized by this subpart, including the use of the poverty measurement tools required by
(10) An estimate of the percentage of beneficiaries of assistance under this subpart in countries where a strong relationship between poverty and race or ethnicity has been demonstrated.
(11) The level of funding provided through contracts, the level of funding provided through grants, contracts, and cooperative agreements that is estimated to be subgranted or subcontracted, as the case may be, to direct service providers, and an analysis of the comparative cost-effectiveness and sustainability of projects carried out under these mechanisms.
(c) Availability to public
The report required by this section shall be made available to the public on the Internet website of the Agency.
(
§2214a. Definitions
In this subpart:
(1) Administrator
The term "Administrator" means the Administrator of the Agency.
(2) Agency
The term "Agency" means the United States Agency for International Development.
(3) Appropriate congressional committees
The term "appropriate congressional committees" means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.
(4) Business development services
The term "business development services" means support for the growth of microenterprises through training, technical assistance, marketing assistance, improved production technologies, and other related services.
(5) Director
The term "Director" means the Director of the office.
(6) Implementing partner organization
The term "implementing partner organization" means an entity eligible to receive assistance under this subpart which is—
(A) a United States or an indigenous private voluntary organization;
(B) a United States or an indigenous credit union;
(C) a United States or an indigenous cooperative organization;
(D) an indigenous governmental or nongovernmental organization;
(E) a microenterprise institution;
(F) a microfinance institution; or
(G) a practitioner institution.
(7) Microenterprise institution
The term "microenterprise institution" means a not-for-profit entity that provides services, including microfinance, training, or business development services, for microenterprise clients in foreign countries.
(8) Microfinance institution
The term "microfinance institution" means a not-for-profit entity or a regulated financial intermediary that directly provides, or works to expand, the availability of credit, savings, and other financial services to microfinance and microenterprise clients in foreign countries.
(9) Microfinance network
The term "microfinance network" means an affiliated group of practitioner institutions that provides services to its members, including financing, technical assistance, and accreditation, for the purpose of promoting the financial sustainability and societal impact of microenterprise assistance.
(10) Office
The term "office" means the office of microenterprise development established under
(11) Practitioner institution
The term "practitioner institution" means a not-for-profit entity or a regulated financial intermediary, including a microfinance network, that provides services, including microfinance, training, or business development services, for microfinance and microenterprise clients, or provides assistance to microenterprise institutions in foreign countries.
(12) Private voluntary organization
The term "private voluntary organization" means a not-for-profit entity that—
(A) engages in and supports activities of an economic or social development or humanitarian nature for citizens in foreign countries; and
(B) is incorporated as such under the laws of the United States, including any of its states, territories or the District of Columbia, or of a foreign country.
(13) United States-supported microfinance institution
The term "United States-supported microfinance institution" means a financial intermediary that has received funds made available under subchapter I of this chapter for fiscal year 1980 or any subsequent fiscal year.
(14) Very poor
The term "very poor" means those individuals—
(A) living in the bottom 50 percent below the poverty line established by the national government of the country in which those individuals live; or
(B) living on less than the equivalent of $1 per day (as calculated using the purchasing power parity (PPP) exchange rate method).
(
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 International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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
§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
§2220a. General provisions
(a) Congressional objectives and findings
The Congress declares that, in order to achieve the mutual goals among nations of ensuring food security, human health, agricultural growth, trade expansion, and the wise and sustainable use of natural resources, the United States should mobilize the capacities of the United States land-grant universities, other eligible universities, and public and private partners of universities in the United States and other countries, consistent with
The Congress so declares because it finds—
(A) that the establishment, endowment, and continuing support of land-grant universities in the United States by Federal, State, and county governments has led to agricultural progress with and through the private sector in this country and to understanding processes of economic development;
(B) that land-grant and other universities in the United States have demonstrated over many years their ability to cooperate with international agencies, educational and research institutions in other countries, the private sector, and nongovernmental organizations worldwide, in expanding global agricultural production, processing, business and trade, to the benefit of aid recipient countries and of the United States;
(C) that, in a world of growing populations with rising expectations, increased food production and improved distribution, storage, and marketing in the developing countries is necessary not only to prevent hunger and ensure human health and child survival, but to build the basis for economic growth and trade, and the social security in which democracy and a market economy can thrive, and moreover, that the greatest potential for increasing world food supplies and incomes to purchase food is in the developing countries where the gap between food need and food supply is the greatest and current incomes are lowest;
(D) that increasing and making more secure the supply of food is of greatest benefit to the poorest majority in the developing world;
(E) that, with expanding global markets and increasing imports into many countries, including the United States, food safety and quality, as well as secure supply, have emerged as mutual concerns of all countries;
(F) that research, teaching, and extension activities, and appropriate institutional and policy development therefore are prime factors in improving agricultural production, food distribution, processing, storage, and marketing abroad (as well as in the United States);
(G) moreover, that agricultural research abroad has in the past and will continue in the future to provide benefits for agriculture and the broader economy of the United States and that increasing the availability of food of higher nutritional quality is of benefit to all;
(H) that there is a need to responsibly manage the world's agricultural and natural resources for sustained productivity, health and resilience to climate variability; and
(I) that universities and public and private partners of universities need a dependable source of funding in order to increase the impact of their own investments and those of their State governments and constituencies, in order to continue and expand their efforts to advance agricultural development in cooperating countries, to translate development into economic growth and trade for the United States and cooperating countries, and to prepare future teachers, researchers, extension specialists, entrepreneurs, managers, and decisionmakers for the world economy.
(b) Congressional 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, the following components must be brought together in a coordinated program to increase world food and fiber production, agricultural trade, and responsible management of natural resources, including—
(1) continued efforts by the international agricultural research centers and other international research entities to provide a global network, including United States universities, for international scientific collaboration on crops, livestock, forests, fisheries, farming resources, and food systems of worldwide importance;
(2) contract research and the implementation of collaborative research support programs and other research collaboration led by United States universities, and involving research systems in other countries focused on crops, livestock, forests, fisheries, farming resources, and food systems, with benefits to the United States and partner countries;
(3) broadly disseminating the benefits of global agricultural research and development including increased benefits for United States agriculturally related industries through establishment of development and trade information and service centers, for rural as well as urban communities, through extension, cooperatively with, and supportive of, existing public and private trade and development related organizations;
(4) facilitation of participation by universities and public and private partners of universities in programs of multilateral banks and agencies which receive United States funds;
(5) expanding learning opportunities about global agriculture for students, teachers, community leaders, entrepreneurs, and the general public through international internships and exchanges, graduate assistantships, faculty positions, and other means of education and extension through long-term recurring Federal funds matched by State funds; and
(6) competitive grants through universities to United States agriculturalists and public and private partners of universities from other countries for research, institution and policy development, extension, training, and other programs for global agricultural development, trade, and responsible management of natural resources.
(c) 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 of the program components described in paragraphs (1) through (6) of subsection (b) of this section;
(2) provide mechanisms for the universities and public and private partners of universities to participate and advise in the planning, development, implementation, and administration of each component;
(3) assist such universities and public and private partners of universities in cooperative joint efforts with—
(A) agricultural institutions in developing nations;
(B) regional and international agricultural research centers;
(C) multilateral banks and agencies receiving United States funds;
(D) development agencies of other countries; and
(E) United States Government foreign assistance and economic cooperation programs;
(4) generally engage the United States university community more extensively in the agricultural research, trade, and development initiatives undertaken outside the United States, with the objectives of strengthening its capacity to carry out research, teaching, and extension activities for solving problems in food production, processing, marketing, and consumption in agriculturally developing nations, and for transforming progress in global agricultural research and development into economic growth, trade, and trade benefits for aid recipient countries and United States communities and industries, and for the wise use of natural resources; and
(5) ensure that all federally funded support to universities and public and private partners of universities relating to the goals of this subpart is periodically reviewed for its performance.
(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 (including outreach) 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 United States Agency for International Development.
(f) Public and private partners of universities
As used in this subpart, the term "public and private partners of universities" includes entities that have cooperative or contractual agreements with universities, which may include formal or informal associations of universities, other education institutions, United States Government and State agencies, private voluntary organizations, nongovernmental organizations, firms operated for profit, nonprofit organizations, multinational banks, and, as designated by the Administrator, any organization, institution, or agency incorporated in other countries.
(g) Agriculture
As used in this subpart, the term "agriculture" includes the science and practice of activity related to food, feed, and fiber production, processing, marketing, distribution, utilization, and trade, and also includes family and consumer sciences, nutrition, food science and engineering, agricultural economics and other social sciences, forestry, wildlife, fisheries, aquaculture, floraculture, veterinary medicine, and other environmental and natural resources sciences.
(h) Agriculturists
As used in this subpart, the term "agriculturists" includes farmers, herders, and livestock producers, individuals who fish and others employed in cultivating and harvesting food resources from salt and fresh waters, individuals who cultivate trees and shrubs and harvest nontimber forest products, as well as the processors, managers, teachers, extension specialists, researchers, policymakers, and others who are engaged in the food, feed, and fiber system and its relationships to natural resources.
(
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
The Equity in Educational Land-Grant Status Act of 1994, referred to in subsec. (d), is
Amendments
2000—Subsec. (a).
Subsec. (a)(A).
Subsec. (a)(B).
Subsec. (a)(C).
Subsec. (a)(E).
Subsec. (a)(F).
Subsec. (a)(G).
Subsec. (a)(H), (I).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4), (5).
Subsec. (d).
Subsec. (d)(1).
Subsec. (e).
Subsecs. (f) to (h).
1978—Subsecs. (f), (g).
Effective Date of 1978 Amendment
Amendment by
Global Crop Diversity Trust
"(a)
"(1) the maintenance and storage of seed collections;
"(2) the documentation and cataloguing of the genetics and characteristics of conserved seeds to ensure efficient reference for researchers, plant breeders, and the public;
"(3) building the capacity of seed collection in developing countries;
"(4) making information regarding crop genetic data publicly available for researchers, plant breeders, and the public (including through the provision of an accessible Internet website);
"(5) the operation and maintenance of a back-up facility in which are stored duplicate samples of seeds, in the case of natural or man-made disasters; and
"(6) oversight designed to ensure international coordination of those actions and efficient, public accessibility to that diversity through a cost-effective system.
"(b)
"(c)
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 Food for Peace Act (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 Food for Peace Act (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 implement program components through United States universities as authorized by paragraphs (2) through (5) of this subsection;
(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 long-term program support for United States university global agricultural and related environmental collaborative research and learning opportunities for students, teachers, extension specialists, researchers, and the general public;
(4) to involve United States universities more fully in the international network of agricultural science, including the international agricultural research centers, the activities of international organizations such as the United Nations Development Program and the Food and Agriculture Organization, multilateral banks, the institutions of agriculturally developing nations, and United States and foreign nongovernmental organizations supporting extension and other productivity-enhancing programs; 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 United States universities with public and private partners 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, environment, and related subjects will be made available directly to agriculturalists 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, including resources of the private sector, 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, the Department of Agriculture, State agricultural agencies, the Department of Commerce, the Department of the Interior, the Environmental Protection Agency, the Office of the United States Trade Representative, the Food and Drug Administration, other appropriate Federal agencies, and appropriate nongovernmental and business organizations.
(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) focus primarily on the needs of agricultural producers, rural families, processors, traders, consumers, and natural resources managers;
(3) be adapted to local circumstances;
(4) be carried out within the developing countries and transition countries comprising newly emerging democracies and newly liberalized economies; 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.
(e) Special programs
The Administrator shall establish and carry out special programs under this subpart as part of ongoing programs for child survival, democratization, development of free enterprise, environmental and natural resource management, and other related programs.
(
Amendments
2000—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(1)(C).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c)(2).
Subsec. (c)(4).
Subsec. (e).
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
§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 on a case-by-case basis.
(b) General areas of responsibility
The Board's general areas of responsibility shall include participating in the planning, development, and implementation of, initiating recommendations for, and monitoring, the activities described in
(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 improve agricultural production, trade, and natural resource management in developing countries, and with private organizations seeking to increase agricultural production and trade, natural resources management, and household food security in developing and transition countries; 1
(B) having capacity in the agricultural, environmental, and related social 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 and their partners participating in programs under this subpart;
(5) reviewing and evaluating agreements and activities authorized by this subpart and undertaken by universities and public and private partners of 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 and natural resource issues in the developing nations, assuring efficiency in use of Federal resources, including in accordance with the Governmental Performance and Results Act of 1993 (
(8) developing information exchanges and consulting regularly with nongovernmental organizations, consumer groups, producers, agribusinesses and associations, agricultural cooperatives and commodity groups, State departments of agriculture, State agricultural research and extension agencies, and academic institutions;
(9) investigating and resolving issues concerning implementation of this subpart as requested by universities; and
(10) advising the Administrator on any and all issues as requested.
(d) Subordinate units; creation of Joint Policy Committee, Joint Operations Committee, 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 Policy Committee to participate in the design and development of the collaborative activities described in
(2) a Joint Operations Committee which shall assist in and advise on the mechanisms and processes for implementation of 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
(
References in Text
The Governmental Performance and Results Act of 1993, referred to in subsec. (c)(7), probably means the Government Performance and Results Act of 1993,
Amendments
2000—Subsec. (a).
Subsec. (b).
"(1) participating in the planning, development, and implementation of,
"(2) initiating recommendations for, and
"(3) monitoring of,
the activities described in
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (c)(7).
Subsec. (c)(8) to (10).
Subsec. (d)(1).
Subsec. (d)(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
1 So in original. The semicolon probably should be a comma.
§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 September 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
(
Amendments
2000—
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 Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed on page 25), see section 3003 of
Part III—International Organizations and Programs
§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) Tuberculosis vaccine development programs
In addition to amounts otherwise available under this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013, which shall be used for United States contributions to tuberculosis vaccine development programs, which may include the Aeras Global TB Vaccine Foundation.
(e) 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.
(k) Authorization of appropriations for Global Alliance for Vaccines and Immunizations
In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to be available only for United States contributions to the GAVI Fund.
(l) Authorization of appropriations for International AIDS Vaccine Initiative
In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to be available only for United States contributions to the International AIDS Vaccine Initiative.
(m) Authorization of appropriations for malaria vaccine development programs
In addition to amounts otherwise available under this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to be available for United States contributions to malaria vaccine development programs, including the Malaria Vaccine Initiative of the Program for Appropriate Technologies in Health (PATH).
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
Amendments
2009—Subsec. (l).
2008—Subsec. (d).
Subsec. (k).
Subsecs. (l), (m).
2003—Subsec. (k).
Subsec. (l).
Subsec. (m).
2000—Subsecs. (k), (l).
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
§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
Codification
In text, "
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
§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, North Korea, Syria, 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.
(d) Programs and projects of the International Atomic Energy Agency in Iran
(1) Notwithstanding subsection (c) of this section, if the Secretary of State determines that programs and projects of the International Atomic Energy Agency in Iran are inconsistent with United States nuclear nonproliferation and safety goals, will provide Iran with training or expertise relevant to the development of nuclear weapons, or are being used as a cover for the acquisition of sensitive nuclear technology, the limitations of subsection (a) of this section shall apply to such programs and projects, and the Secretary of State shall so notify the appropriate congressional committees (as defined in section 3 of the Foreign Relations Authorization Act, Fiscal Year 2003).
(2) A determination made by the Secretary of State under paragraph (1) shall be effective for the 1-year period beginning on the date of the determination.
(
References in Text
Section 3 of the Foreign Relations Authorization Act, Fiscal Year 2003, referred to in subsec. (d)(1), is section 3 of
Amendments
2007—Subsec. (a).
2005—Subsec. (a).
2002—Subsec. (d).
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
§2228. International Muslim Youth Opportunity Fund
(a) Purpose
The purpose of this section is to strengthen the public educational systems in predominantly Muslim countries by—
(1) authorizing the establishment of an International Muslim Youth Educational Fund through which the United States dedicates resources, either through a separate fund or through an international organization, to assist those countries that commit to education reform; and
(2) providing resources for the Fund and to the President to help strengthen the public educational systems in those countries.
(b) Establishment of Fund
(1) Authority
The President is authorized to establish an International Muslim Youth Opportunity Fund and to carry out programs consistent with paragraph (4) under existing authorities, including the Mutual Educational and Cultural Exchange Act of 1961 (commonly referred to as the "Fulbright-Hays Act") [
(2) Location
The Fund may be established—
(A) as a separate fund in the Treasury; or
(B) through an international organization or international financial institution, such as the United Nations Educational, Science and Cultural Organization, the United Nations Development Program, or the International Bank for Reconstruction and Development.
(3) Transfers and receipts
The head of any department, agency, or instrumentality of the United States Government may transfer any amount to the Fund, and the Fund may receive funds from private enterprises, foreign countries, or other entities.
(4) Activities of the Fund
The Fund shall support programs described in this paragraph to improve the education environment in predominantly Muslim countries.
(A) Assistance to enhance modern educational programs
(i) The establishment in predominantly Muslim countries of a program of reform to create a modern education curriculum in the public educational systems in such countries.
(ii) The establishment or modernization of educational materials to advance a modern educational curriculum in such systems.
(iii) Teaching English to adults and children.
(iv) The enhancement in predominantly Muslim countries of community, family, and student participation in the formulation and implementation of education strategies and programs in such countries.
(B) Assistance for training and exchange programs for teachers, administrators, and students
(i) The establishment of training programs for teachers and educational administrators to enhance skills, including the establishment of regional centers to train individuals who can transfer such skills upon return to their countries.
(ii) The establishment of exchange programs for teachers and administrators in predominantly Muslim countries and with other countries to stimulate additional ideas and reform throughout the world, including teacher training exchange programs focused on primary school teachers in such countries.
(iii) The establishment of exchange programs for primary and secondary students in predominantly Muslim countries and with other countries to foster understanding and tolerance and to stimulate long-standing relationships.
(C) Assistance targeting primary and secondary students
(i) The establishment in predominantly Muslim countries of after-school programs, civic education programs, and education programs focusing on life skills, such as inter-personal skills and social relations and skills for healthy living, such as nutrition and physical fitness.
(ii) The establishment in predominantly Muslim countries of programs to improve the proficiency of primary and secondary students in information technology skills.
(D) Assistance for development of youth professionals
(i) The establishment of programs in predominantly Muslim countries to improve vocational training in trades to help strengthen participation of Muslims and Arabs in the economic development of their countries.
(ii) The establishment of programs in predominantly Muslim countries that target older Muslim youths not in school in such areas as entrepreneurial skills, accounting, micro-finance activities, work training, financial literacy, and information technology.
(E) Other types of assistance
(i) The translation of foreign books, newspapers, reference guides, and other reading materials into local languages.
(ii) The construction and equipping of modern community and university libraries.
(5) Authorization of appropriations
(A) In general
There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for fiscal years 2008, 2009, and 2010.
(B) Availability
Amounts appropriated pursuant to the authorization of appropriations under subsection (a) 1 are authorized to remain available until expended.
(C) Additional funds
Amounts authorized to be appropriated under subsection (a) 1 shall be in addition to amounts otherwise available for such purposes.
(6) Report to Congress
Not later than 180 days after August 3, 2007, and annually thereafter until January 30, 2010, the President shall submit to the appropriate congressional committees a report on United States efforts to assist in the improvement of educational opportunities for predominantly Muslim children and youths, including the progress made toward establishing the International Muslim Youth Opportunity Fund.
(7) Appropriate congressional committees defined
In this subsection, 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 Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (b)(1), is
August 3, 2007, referred to in subsec. (b)(6), was in the original "the date of the enactment of this section" and was translated as meaning the date of enactment of
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004 and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2007—
Findings; Policy
"(a)
"(1) The report of the National Commission on Terrorist Attacks Upon the United States stated that '[e]ducation that teaches tolerance, the dignity and value of each individual, and respect for different beliefs is a key element in any global strategy to eliminate Islamist terrorism'.
"(2) The report of the National Commission on Terrorist Attacks Upon the United States concluded that ensuring educational opportunity is essential to the efforts of the United States to defeat global terrorism and recommended that the United States Government 'should offer to join with other nations in generously supporting [spending funds] . . . directly for building and operating primary and secondary schools in those Muslim states that commit to sensibly investing their own money in public education'.
"(3) While Congress endorsed such a program in the Intelligence Reform and Terrorism Prevention Act of 2004 (
"(b)
"(1) to work toward the goal of dramatically increasing the availability of modern basic education through public schools in predominantly Muslim countries, which will reduce the influence of radical madrassas and other institutions that promote religious extremism;
"(2) to join with other countries in generously supporting the International Muslim Youth Opportunity Fund authorized under section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004 [
"(3) to offer additional incentives to increase the availability of modern basic education in predominantly Muslim countries; and
"(4) to work to prevent financing of educational institutions that support radical Islamic fundamentalism."
Assignment of Specified Reporting and Determination Functions Relating to Afghanistan, Pakistan, Saudi Arabia, and Certain Education Abroad
Memorandum of President of the United States, Sept. 28, 2007, 72 F.R. 56871, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[, and] the Director of National Intelligence
By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including
The Secretary of State shall consult with:
(1) the Secretary of Defense in the performance of the functions in section 2041(d)(3) of the 9/11 Act; and
(2) the Secretary of Defense and the Director of National Intelligence in the performance of the functions in section 2043(c)(1) of the 9/11 Act.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
1 So in original. Probably should be "subparagraph (A)".
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
§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
§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
§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
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
§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
§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
§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 Food for Peace Act [
(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 Food for Peace Act, 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
2008—Subsec. (e)(4)(C).
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—
Effective Date of 2008 Amendment
Amendment by
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
Prevention of Smuggling of Methamphetamine Into the United States From Mexico
"(a)
"(b)
"(1) improve bilateral efforts at the United States-Mexico border to prevent the smuggling of methamphetamine into the United States from Mexico;
"(2) seek to work with Mexican law enforcement authorities to improve the ability of such authorities to combat the production and trafficking of methamphetamine, including by providing equipment and technical assistance, as appropriate; and
"(3) encourage the Government of Mexico to take immediate action to reduce the diversion of pseudoephedrine by drug trafficking organizations for the production and trafficking of methamphetamine.
"(c)
"(d)
Reports on Activities in Colombia
"(a)
"(1)
"(2)
"(A) A summary of activities described in paragraph (1) during the previous 12-month period.
"(B) An estimated timetable for the conduct of such activities in the subsequent 12-month period.
"(C) An explanation of any delay in meeting timetables contained in the previous report submitted in accordance with this subsection.
"(D) An assessment of steps to be taken to correct any delays in meeting such timetables.
"(b)
"(1)
"(2)
"(3)
"(A) The name of each United States business described in paragraph (2) and description of the counternarcotics activities carried out by the business in Colombia.
"(B) The total value of all payments by the Department and the Department of Defense to each such business for such activities.
"(C) A written statement justifying the decision by the Department and the Department of Defense to enter into an agreement with each such business for such activities.
"(D) An assessment of the risks to personal safety and potential involvement in hostilities incurred by employees of each such business as a result of their activities in Colombia.
"(E) A plan to provide for the transfer of the counternarcotics activities carried out by such United States businesses to Colombian nationals, in particular personnel of the Colombian antinarcotics police.
"(4)
[For definitions of "Secretary", "Department", and "appropriate congressional committees" as used in section 694 of
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) Agency contributions for employees whose salaries are disbursed by the Secretary of the Senate from the appropriations account 'Expenses of the United States Senate Caucus on International Narcotics Control' under the heading 'Congressional Operations' shall be paid from the Senate appropriations account for 'Salaries, Officers and Employees'.
"(b) This section shall apply to pay periods beginning on or after October 1, 2001."
"(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.
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 has, during the 12-month period ending on the date of the interdiction, certified to Congress 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) Annual report
(1) Except as provided in paragraph (2), not later than February 1 each year, the President shall submit to Congress a report on the assistance provided under subsection (b) of this section during the preceding calendar year. Each report shall include for the calendar year covered by such report the following:
(A) A list specifying each country for which a certification referred to in subsection (a)(2) of this section was in effect for purposes of that subsection during any portion of such calendar year, including the nature of the illicit drug trafficking threat to each such country.
(B) A detailed explanation of the procedures referred to in subsection (a)(2)(B) of this section in effect for each country listed under subparagraph (A), including any training and other mechanisms in place to ensure adherence to such procedures.
(C) A complete description of any assistance provided under subsection (b) of this section.
(D) A summary description of the aircraft interception activity for which the United States Government provided any form of assistance under subsection (b) of this section.
(2) In the case of a report required to be submitted under paragraph (1) to the congressional intelligence committees (as defined in
(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) 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.
Amendments
2002—Subsec. (c)(1).
Subsec. (c)(2), (3).
2001—Subsec. (a)(2).
Subsecs. (c), (d).
Delegation of Functions
Functions of President under subsec. (c) of this section delegated to Secretary of State, see Memorandum of President of the United States, July 21, 2010, 75 F.R. 43795, set out as a note under
Presidential Determinations Relating to Interdiction
The President made the determination required by subsec. (a)(2) of this section for the following countries:
Determination No. 2010–02, Oct. 16, 2009, 74 F.R. 54429.
Determination No. 2009–4, Oct. 15, 2008, 73 F.R. 62849.
Determination No. 2008–3, Oct. 16, 2007, 72 F.R. 61035.
Determination No. 2007–3, Oct. 16, 2006, 71 F.R. 65369.
Determination No. 2006–02, Oct. 16, 2005, 70 F.R. 62227.
Determination No. 2005–03, Oct. 16, 2004, 69 F.R. 62797.
Determination No. 2009–24, Aug. 13, 2009, 74 F.R. 42573.
Determination No. 2008–24, Aug. 15, 2008, 73 F.R. 54283.
Determination No. 2007–28, Aug. 16, 2007, 72 F.R. 50035.
Determination No. 2006–19, Aug. 17, 2006, 71 F.R. 51975.
Determination No. 2005–32, Aug. 17, 2005, 70 F.R. 50949.
Determination No. 2004–42, Aug. 17, 2004, 69 F.R. 52807.
Determination No. 2003–32, Aug. 18, 2003, 68 F.R. 50963.
Determination No. 95–7, Dec. 1, 1994, 59 F.R. 64835.
§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.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§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
§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—
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.
(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
2002—Subsec.(a)(3).
1992—
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.
(8)(A) A separate section that contains the following:
(i) An identification of the five countries that exported the largest amount of pseudoephedrine, ephedrine, and phenylpropanolamine (including the salts, optical isomers, or salts of optical isomers of such chemicals, and also including any products or substances containing such chemicals) during the preceding calendar year.
(ii) An identification of the five countries that imported the largest amount of the chemicals described in clause (i) during the preceding calendar year and have the highest rate of diversion of such chemicals for use in the illicit production of methamphetamine (either in that country or in another country).
(iii) An economic analysis of the total worldwide production of the chemicals described in clause (i) as compared to the legitimate demand for such chemicals worldwide.
(B) The identification of countries that imported the largest amount of chemicals under subparagraph (A)(ii) shall be based on the following:
(i) An economic analysis that estimates the legitimate demand for such chemicals in such countries as compared to the actual or estimated amount of such chemicals that is imported into such countries.
(ii) The best available data and other information regarding the production of methamphetamine in such countries and the diversion of such chemicals for use in the production of methamphetamine.
(b) Annual reports on assistance
(1) In general
At the time that the report required by subsection (a) 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
2006—Subsec. (a)(8).
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).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, 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
Plan To Address Diversion of Precursor Chemicals
Statutory References to Annual Reports, Certifications, and Definitions
Section 6(a) of
§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) or country identified pursuant to clause (i) or (ii) of
(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
2006—Subsec. (a)(1).
Subsec. (a)(2).
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. 2001–12, Mar. 1, 2001, 66 F.R. 14454, 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 [
The Bahamas, Bolivia, Brazil, People's Republic of China, Colombia, Dominican Republic, Ecuador, Guatemala, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam
By virtue of the authority vested in me by section 490(b)(1)(B) of the Act, I hereby determine and certify that, for the following major illicit drug producing and/or major illicit drug transit countries that do not qualify for certification under section 490(b)(1)(A), the vital national interests of the United States require that assistance not be withheld and that the United States not vote against multilateral development bank assistance:
Cambodia and Haiti
Analysis of the relevant U.S. vital national interests and risks posed thereto, as required under section 490(b)(3) of the Act, is attached for these countries [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 for certification set forth in section 490(b):
Afghanistan and Burma
In making these determinations, I have considered the factors set forth in section 490 of the Act, based on the information contained in the International Narcotics Control Strategy Report of 2001. Given that the performance of each of these countries has differed, I have attached an explanatory statement for each of the countries 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.
George W. Bush.
Prior certifications for major narcotics producing and transit countries were contained in the following:
Determination of President of the United States, No. 2000–16, Feb. 29, 2000, 65 F.R. 15797.
Determination of President of the United States, No. 99–15, Feb. 26, 1999, 64 F.R. 11319.
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.
Presidential Determination Under Section 490(b)(1)(A) of the Foreign Assistance Act Relating to the Largest Exporting and Importing Countries of Certain Precursor Chemicals
Determination of President of the United States, No. 2007–14, Feb. 28, 2007, 72 F.R. 10881, provided:
Memorandum for the Secretary of State
Pursuant to section 490(b)(1)(A) of the Foreign Assistance Act, I hereby determine that the top five exporting and importing countries of pseudoephedrine and ephedrine in 2005 (Belgium, China, Germany, India, Indonesia, Mexico, Singapore, South Africa, South Korea, Switzerland, Taiwan, and the United Kingdom) have cooperated fully with the United States or have taken adequate steps on their own to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
You are directed to publish this determination in the Federal Register, and are authorized and directed to transmit to the Congress the report under section 722 of the Combat Methamphetamine Epidemic Act [of 2005].
George W. Bush.
§2291j–1. International drug control certification procedures
During any fiscal year, funds that would otherwise be withheld from obligation or expenditure under
(1) Report
Not later than September 15 of the previous fiscal year the President has submitted to the appropriate congressional committees a report identifying each country determined by the President to be a major drug transit country or major illicit drug producing country as defined in
(2) Designation and justification
In each report under paragraph (1), the President shall also—
(A) designate each country, if any, identified in such report that has failed demonstrably, during the previous 12 months, to make substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in
(B) include a justification for each country so designated.
(3) Limitation on assistance for designated countries
In the case of a country identified in a report under paragraph (1) that is also designated under paragraph (2) in the report, United States assistance may be provided to such country in the subsequent fiscal year only if the President determines and reports to the appropriate congressional committees that—
(A) provision of such assistance to the country in such fiscal year is vital to the national interests of the United States; or
(B) subsequent to the designation being made under paragraph (2)(A), the country has made substantial efforts—
(i) to adhere to its obligations under international counternarcotics agreements; and
(ii) to take the counternarcotics measures set forth in
(4) International counternarcotics agreement defined
In this section, the term "international counternarcotics agreement" means—
(A) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; or
(B) any bilateral or multilateral agreement in force between the United States and another country or countries that addresses issues relating to the control of illicit drugs, such as—
(i) the production, distribution, and interdiction of illicit drugs;
(ii) demand reduction;
(iii) the activities of criminal organizations;
(iv) international legal cooperation among courts, prosecutors, and law enforcement agencies (including the exchange of information and evidence);
(v) the extradition of nationals and individuals involved in drug-related criminal activity;
(vi) the temporary transfer for prosecution of nationals and individuals involved in drug-related criminal activity;
(vii) border security;
(viii) money laundering;
(ix) illicit firearms trafficking;
(x) corruption;
(xi) control of precursor chemicals;
(xii) asset forfeiture; and
(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and measurable standards to assess the progress made by participating countries with respect to such issues.
(5) Application
(A) Section 2291j(a) through (h) of this title shall not apply during any fiscal year with respect to any country identified in the report required by paragraph (1) of this section.
(B) Notwithstanding paragraphs (1) through (5)(A) of this section, the President may apply the procedures set forth in section 2291j(a) through (h) of this title during any fiscal year with respect to any country determined to be a major drug transit country or major illicit drug producing country as defined in
(C) Nothing in this section shall affect the requirements of
(6) Statutory construction
Nothing in this section supersedes or modifies the requirement in
(7) Transition rule
For funds obligated or expended under this section in fiscal year 2003, the date for submission of the report required by paragraph (1) of this section shall be at least 15 days before funds are obligated or expended.
(8) Effective date
This section shall take effect September 30, 2002, and shall remain in effect thereafter unless Congress enacts subsequent legislation repealing such section.
(
Codification
Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments
2006—Par. (5)(C).
Presidential Determination on Major Illicit Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2011
Determination of the President of the United States, No. 2010–16, Sept. 15, 2010, 75 F.R. 67019, 68413
Memorandum for the Secretary of State
Pursuant to section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (
A country's presence on the Majors List is not necessarily an adverse reflection of its government's counternarcotics efforts or level of cooperation with the United States. Consistent with the statutory definition of a major drug transit or drug producing country set forth in section 481(e)(2) and (5) of the Foreign Assistance Act of 1961, as amended (FAA), one of the reasons that major drug transit or illicit drug producing countries are placed on the list is the combination of geographic, commercial, and economic factors that allow drugs to transit or be produced despite the concerned government's most assiduous enforcement measures.
Pursuant to section 706(2)(A) of the FRAA, I hereby designate Bolivia, Burma, and Venezuela as countries that have failed demonstrably during the previous 12 months to adhere to their obligations under international counternarcotics agreements and take the measures set forth in section 489(a)(1) of the FAA. Accompanying this report are justifications for the determinations on Bolivia, Burma, and Venezuela, as required by section 706(2)(B).
I have also determined, in accordance with provisions of section 706(3)(A) of the FRAA, that continued support for bilateral programs in Bolivia and limited programs in Venezuela are vital to the national interests of the United States.
Afghanistan continues to be the world's largest producer of opium poppies and a major source of heroin. The United States Government recognized the Government of Afghanistan's ongoing commitment to combat narcotics and the range of initiatives undertaken in this regard under the auspices of the government of President Karzai. A noteworthy achievement is the reduction of opium poppy cultivation from 157,000 hectares in 2008, to 131,000 hectares in 2009, a 17 percent decline.
The connections between opium production, the resulting narcotics trade, corruption, and the insurgency continue to be among the most challenging obstacles to reducing the drug threat in Afghanistan. Poppy cultivation remains largely confined to provinces in the south and west where security problems greatly impede counternarcotics efforts. Nearly all significant poppy cultivation occurs in insecure areas with active insurgent elements, although progress has been made in stabilizing these regions. Nevertheless, the country must demonstrate even greater political will and programmatic effort to combat opium trafficking and production nationwide.
Pakistan is a major transit country for opiates and hashish for markets around the world, especially for narcotics originating in Afghanistan. Pakistan also is a major transit country for precursor chemicals illegally smuggled to Afghanistan where they are used to process heroin.
Pakistan is still challenged by extremist groups who have power over parts of the Federally Administered Tribal Areas, particularly where most of Pakistan's poppy is grown. These extremist groups are also found in settled areas of the Khyber Pakhtoonkhwa Province such as its capital, Peshawar, and the Swat Valley. The Government of Pakistan is forced to divert law enforcement resources and equipment from poppy eradication efforts to address these incursions.
The Government of Pakistan remains concerned about opium poppy cultivation in Pakistan and is working to return to opium poppy-free status soon. A joint U.S.-Pakistan survey in 2009 estimated that 1,779 hectares of opium poppies were under cultivation in Pakistan, approximately 130 hectares less than was under cultivation in the country during the previous year.
The range of U.S.-Pakistan initiatives, which include programs to defeat the insurgency on the Pakistan-Afghanistan border and prevent terrorist safe-havens, have the spin-off effect of helping Pakistan to fortify its land borders and seacoast against drug trafficking and terrorists, support expanded regional cooperation, and encourages Pakistan to return to opium poppy-free status. United States Government support focuses especially on upgrading the institutional capacity of Pakistan's law enforcement agencies.
Although Brazil no longer qualifies as a major drug transit country to the United States, narcotics control in this country which occupies such a large landmass in the hemisphere is of serious concern. Dynamic drug trafficking trends from Brazil are directed primarily at other countries, especially to and through Africa, and onward to Europe. For example, seizures of maritime vessels that departed Brazil in 2009, primarily to European destinations, recorded an unprecedented 2.2 metric tons of cocaine. With its vast terrain and shared borders with so many other countries, Brazil faces unique challenges in terms of patrolling so much illegal land, air, and sea activity. Brazil is seeking to reduce its growing domestic drug use at home, especially the use of cocaine, cocaine base, and crack cocaine, primarily from Bolivia; and marijuana. The United States recognizes Brazil's emergence as a forward-leaning regional leader for cooperation among neighboring states to thwart drug production, trafficking, and use. Like all hemispheric countries, it is important for Brazil to place narcotics and crime control at the top of its national security agenda to thwart these negative influences.
As Mexico and Colombia continue to apply pressure on drug traffickers, the countries of Central America are increasingly targeted for trafficking of cocaine and other drugs primarily destined for the United States. This growing problem resulted in Costa Rica, Honduras, and Nicaragua meeting the threshold for inclusion in the Majors List. Panama and Guatemala, already on the Majors List, are especially vulnerable because of their geographic location. Enhanced and effective counternarcotics measures are needed to thwart smugglers from moving illegal drugs through the seven countries on the isthmus, as well as the waters along the region's long Atlantic and Pacific coastlines between the coca producing Andes to the south and determined and flexible criminal trafficking organizations based in Mexico. United States Government support through the Central American Regional Security Initiative provides Central American countries with the opportunity to boost their rule of law institutions and promote greater regional law enforcement cooperation to counter drug trafficking and transnational organized crime.
United States and international data show a continued strengthening of illegal drug trafficking between Latin America and West Africa, especially via Brazil and Venezuela, with a considerable portion of illegal product destined for Europe. Nigeria, a worldwide drug trafficking focal point, makes counternarcotics a top national security concern for the country, but Nigeria's efforts are often thwarted by lack of resources, institutional capability, and corruption. A number of U.S. projects in Nigeria and other West African countries are aimed at building limited capacity to investigate and prosecute organized drug traffickers.
Drug traffickers continue to move significant quantities of cocaine through West Africa. For example, Gambian officials recently discovered over two tons of cocaine being stockpiled in the country. The crash of a Boeing 727 in Mali, which was believed to be carrying cocaine, points to new trafficking methods being used in the region. Drug trafficking remains a threat to security, good governance, and increasingly, public health in West Africa. Many countries in the region have weak criminal justice institutions and are vulnerable to corruption. The facilitation of drug trafficking by government officials continues to be a significant challenge, especially in Guinea-Bissau. The United States is encouraged that some countries are actively investigating illegal drug traffickers. Liberia, for example, worked closely with the United States to arrest suspects and deliver them into U.S. custody to stand trial.
The assistance of international donors and organizations to West African governments to improve their counternarcotics capability is increasingly urgent. The United States fully supports all efforts to promote, preserve, and protect the stability and positive growth of countries in West Africa.
The United States continues to maintain a strong and productive law enforcement relationship with Canada. Both countries are making significant efforts to disrupt the two-way flow of drugs, bulk currency, and other contraband. Canadian criminal groups continue to produce large quantities of MDMA (ecstasy) and high-potency marijuana that is trafficked to the United States. The frequent mixing of methamphetamine and other unknown substances into pills marketed as MDMA by Canada-based criminal groups poses an emerging public health risk in the United States, as well as in Canada.
The stealth with which both natural and synthetic drugs including marijuana, MDMA, and methamphetamine are produced in Canada and trafficked to the United States, makes it extremely difficult to measure the overall impact of such transshipments from this shared border country, although U.S. law enforcement agencies record considerable seizures of these substances from Canada.
At the same time, the Drug Enforcement Administration reports that of the amount of MDMA seized in the United States, about half was traced to Canada as its country of origin in 2009.
You are hereby authorized and directed to submit this determination under section 706 of the FRAA, transmit it to the Congress, and publish it in the Federal Register.
Barack Obama.
Prior identifications of major drug transit or major illicit drug producing countries were contained in the following:
Determination of the President of the United States, No. 2009–30, Sept. 15, 2009, 74 F.R. 48369.
Determination of the President of the United States, No. 2008–28, Sept. 15, 2008, 73 F.R. 54927.
Determination of the President of the United States, No. 2007–33, Sept. 14, 2007, 43 Weekly Compilation of Presidential Documents 1216, Sept. 24, 2007.
Determination of the President of the United States, No. 2006–24, Sept. 15, 2006, 71 F.R. 57865.
Determination of the President of the United States, No. 2005–36, Sept. 14, 2005, 70 F.R. 56807.
Determination of the President of the United States, No. 2004–47, Sept. 15, 2004, 69 F.R. 57809.
Determination of the President of the United States, No. 2003–38, Sept. 15, 2003, 68 F.R. 54973.
Determination of the President of the United States, No. 2003–14, Jan. 30, 2003, 68 F.R. 5787.
Definitions
For definition of "appropriate congressional committees" as used in this section, see section 3 of
1 So in original. The word "section" probably should appear after "clause (i) or (ii) of".
§2291k. Repealed. Pub. L. 104–66, title I, §1112(b), Dec. 21, 1995, 109 Stat. 724
Section,
Part IX—International Disaster Assistance
§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
§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
§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 Food for Peace Act [
(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 Food for Peace Act, referred to in subsec. (d)(4), is act July 10, 1954, ch. 469,
Amendments
2008—Subsec. (d)(4).
1981—Subsec. (c)(2).
Effective Date of 2008 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
§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
§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) Democratization and conflict resolution capabilities
Assistance under this section may also include program assistance—
(A) to promote democratization, good governance, and strong civil societies in sub-Saharan Africa; and
(B) to strengthen conflict resolution capabilities of governmental, intergovernmental, and nongovernmental entities in sub-Saharan Africa.
(4) Other assistance
Funds made available to carry out this section shall be used almost exclusively for assistance in accordance with paragraphs (1), (2), and (3). 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. In addition, providing training and training facilities, in sub-Saharan Africa, for doctors and other health care providers, notwithstanding any provision of law that restricts assistance to foreign countries.
(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,
Amendments
2000—Subsec. (h)(3).
Subsec. (h)(4).
Subsec. (i)(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
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."
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
§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 and rule of law
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) development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations;
(F) international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies;
(G) political parties and coalitions committed to promoting democracy, human rights, and economic reforms;
(H) support for civic organizations committed to promoting human rights;
(I) 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
(J) strengthened administration of justice through programs and activities carried out in accordance with
(i) support for nongovernmental organizations, civic organizations, and political parties that favor a strong and independent judiciary;
(ii) support for local organizations that work with judges and law enforcement officials in efforts to achieve a reduction in the number of pretrial detainees; and
(iii) support for the creation of legal associations or groups that provide training in human rights and advocacy, public education with respect to human rights-related laws and proposed legislation, and legal assistance to persons subject to improper government interference.
(3) Independent media
Developing free and independent media, including—
(A) supporting all forms of independent media reporting, including print, radio, and television;
(B) providing special support for, and unrestricted public access to, nongovernmental Internet-based sources of information, dissemination and reporting, including providing technical and other support for web radio services, providing computers and other necessary resources for Internet connectivity and training new Internet users in nongovernmental civic organizations on methods and uses of Internet-based media; and
(C) training in journalism, including investigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) Drug education, interdiction, and eradication
Promoting drug education, interdiction, and eradication programs.
(14) 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.
(
Amendments
2002—Par. (2).
Par. (2)(E) to (J).
"(E) the development of a free and independent media;
"(G) strengthened administration of justice through programs and activities carried out in accordance with
Pars. (3) to (14).
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
Findings and Purposes
"(a)
"(1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building—
"(A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and
"(B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law.
"(2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law.
"(3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties.
"(B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999.
"(4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated by the private sector, and the United States recognized Russia as a market economy on June 7, 2002.
"(5)(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small- and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs.
"(B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation.
"(C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to—
"(i) establish a commercial legal infrastructure;
"(ii) develop an independent judiciary;
"(iii) support the drafting of a new criminal code, civil code, and bankruptcy law;
"(iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission;
"(v) support Russian law schools;
"(vi) create legal aid clinics; and
"(vii) bolster law-related activities of nongovernmental organizations.
"(6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media.
"(7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means.
"(8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a 'Foundation for Cooperation'.
"(b)
"(1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and
"(2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater role in designing and implementing such programs, while maintaining appropriate oversight and monitoring."
United States Policy Toward the Russian Federation
"(a)
"(1) recognize that a democratic and economically stable Russian Federation is inherently less confrontational and destabilizing in its foreign policy and therefore that the promotion of democracy in Russia is in the national security interests of the United States; and
"(2) continue and increase assistance to the democratic forces in the Russian Federation, including the independent media, regional administrations, democratic political parties, and nongovernmental organizations.
"(b)
"(1) to facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, including Russia's membership in the appropriate international institutions;
"(2) to engage the Government of the Russian Federation and Russian society in order to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights;
"(3) to advance a dialogue among United States Government officials, private sector individuals, and representatives of the Government of the Russian Federation regarding Russia's integration into the Western community of nations;
"(4) to encourage United States Government officials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representatives of nongovernmental organizations, civic organizers, church officials, and reform-minded politicians from Moscow and all other regions of the Russian Federation;
"(5) to incorporate democratic reforms, the promotion of independent media, and economic reforms in a broader United States dialogue with the Government of the Russian Federation;
"(6) to encourage the Government of the Russian Federation to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption;
"(7) to consult with the Government of the Russian Federation and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a fully functioning market economy and membership in the World Trade Organization;
"(8) to persuade the Government of the Russian Federation to honor its commitments made to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference, and to conduct a genuine good neighbor policy toward the other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and
"(9) to encourage the G–8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development, to develop financial safeguards and transparency practices in lending to the Russian Federation."
Activities To Support the Russian Federation
"(a)
"(1) work with the Government of the Russian Federation, the Duma, and representatives of the Russian Federation judiciary to help implement a revised and improved code of criminal procedure and other laws;
"(2) establish civic education programs relating to democracy, public policy, the rule of law, and the importance of independent media, including the establishment of 'American Centers' and public policy schools at Russian universities and encourage cooperative programs with universities in the United States to offer courses through Internet-based off-site learning centers at Russian universities; and
"(3) support the Regional Initiatives (RI) program, which provides targeted assistance in those regions of the Russian Federation that have demonstrated a commitment to reform, democracy, and the rule of law, and which promotes the concept of such programs as a model for all regions of the Russian Federation.
"(b)
§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)."
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)(J) 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
2002—Subsec. (e).
1996—Subsec. (k)(3), (4).
1994—Subsec. (j)(1)(C).
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
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
§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.
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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.
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Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.