-CITE-    
    22 USC CHAPTER 32 - FOREIGN ASSISTANCE                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE

-HEAD-
                      CHAPTER 32 - FOREIGN ASSISTANCE                  

-MISC1-
                 SUBCHAPTER I - INTERNATIONAL DEVELOPMENT             

          PART I - DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE
                              AUTHORIZATIONS
    Sec.                                                     
    2151.       Congressional findings and declaration of policy. 
    2151-1.     Development assistance policy.                    
    2151a.      Agricultural development in rural areas.          
    2151a-1.    Agricultural research.                            
    2151b.      Population planning and health programs.          
    2151b-1.    Assistance for malaria prevention, treatment,
                     control, and elimination.                        
    2151b-2.    Assistance to combat HIV/AIDS.                    
    2151b-3.    Assistance to combat tuberculosis.                
    2151b-4.    Assistance to combat malaria.                     
    2151c.      Education and human resources development.        
    2151d.      Development of indigenous energy resources.       
    2151e.      Appropriate technology.                           
    2151f.      Transferred.                                      
    2151g.      Transfer of funds.                                
    2151h.      Cost-sharing.                                     
    2151i.      Development and use of cooperatives.              
    2151j.      Repealed.                                         
    2151k.      Integrating women into national economies; report.
    2151l,
     2151m.     Repealed.                                         
    2151n.      Human rights and development assistance.          
    2151n-1.    Repealed.                                         
    2151n-2.    Human Rights and Democracy Fund.                  
    2151o.      Repealed.                                         
    2151p.      Environmental and natural resources.              
    2151p-1.    Tropical forests.                                 
    2151q.      Endangered species.                               
    2151r.      Sahel development program; planning.              
    2151s.      Repealed.                                         
    2151t.      Development assistance authority.                 
    2151t-1.    Establishment of program.                         
    2151u.      Private and voluntary organizations and
                     cooperatives in overseas development.            
    2151v.      Aid to relatively least developed countries.      
    2151w.      Project and program evaluations.                  
    2151x.      Development and illicit narcotics production.     
    2151x-1.    Assistance for agricultural and industrial
                     alternatives to narcotics production.            
    2151x-2.    Assistance in furtherance of narcotics control
                     objectives of United States.                     
    2151y.      Accelerated loan repayments; annual review of
                     countries with bilateral concessional loan
                     balances; priority of determinations respecting
                     negotiations with countries having balances;
                     criteria for determinations.                     
    2151z.      Targeted assistance.                              
    2151aa.     Program to provide technical assistance to foreign
                     governments and foreign central banks of
                     developing or transitional countries.            
    2152.       Assistance for victims of torture.                
    2152a,
     2152b.     Repealed or Transferred.                          
    2152c.      Programs to encourage good governance.            
    2152d.      Assistance to foreign countries to meet minimum
                     standards for the elimination of trafficking.    
    2152e.      Program to improve building construction and
                     practices in Latin American countries.           
    2152f.      Assistance for orphans and other vulnerable
                     children.                                        
    2152g.      Annual report.                                    
    2152h.      Assistance to provide safe water and sanitation.  

                         PART II - OTHER PROGRAMS                     

        SUBPART I - MULTILATERAL AND REGIONAL DEVELOPMENT PROGRAMS    
    2161 to
     2165.      Repealed.                                         
    2166.       Regional development in Africa.                   
    2167, 2168. Repealed.                                         
    2169.       Multilateral, regional, and bilateral programs.   

       SUBPART II - AMERICAN SCHOOLS AND HOSPITALS ABROAD; PROTOTYPE
                             DESALTING PLANTS
    2171 to
     2173.      Repealed.                                         
    2174.       American schools, libraries, and hospital centers
                     abroad.                                          
    2175 to
     2178.      Repealed.                                         
    2179.       Prototype desalting plant.                        
    2180, 2180a.Repealed.                                         

         SUBPART III - SHELTER AND OTHER CREDIT GUARANTY PROGRAMS     
    2181.       Policy.                                           
    2182.       Authorization for worldwide shelter guarantees.   
    2182a.      Agricultural and productive credit and self-help
                     community development programs.                  
    2183.       General provisions.                               
    2184.       Trade credit insurance program for Central
                     America.                                         
    2185.       Trade credit insurance program for Poland.        
    2186.       Loan guarantees to Israel program.                

           SUBPART IV - OVERSEAS PRIVATE INVESTMENT CORPORATION       
    2191.       Congressional statement of purpose; creation and
                     functions of Corporation.                        
    2191a.      Additional requirements.                          
    2192.       Capital of the Corporation.                       
    2193.       Organization and management.                      
    2194.       Investment insurance and other programs.          
    2194a.      Contract authority of Corporation; specific
                     authorization in appropriation Acts required.    
    2194b.      Enhancing private political risk insurance
                     industry.                                        
    2195.       Issuing authority, direct investment authority and
                     reserves.                                        
    2196.       Income and revenues.                              
    2197.       General provisions relating to insurance,
                     guaranty, financing, and reinsurance programs.   
    2198.       Definitions.                                      
    2199.       General provisions and powers.                    
    2200.       Small business development in less developed
                     friendly countries or areas; encouragement by
                     other Federal departments, etc., of broadened
                     participation by United States small business
                     cooperatives and investors; project funding.     
    2200a.      Report to Congress.                               
    2200b.      Prohibition on noncompetitive awarding of
                     insurance contracts on OPIC supported exports.   

                SUBPART V - DISADVANTAGED CHILDREN IN ASIA            
    2201.       Assistance to disadvantaged children in Asia.     

            SUBPART VI - MICROENTERPRISE DEVELOPMENT ASSISTANCE        

                       DIVISION A - GRANT ASSISTANCE                   
    2211.       Findings and policy.                              
    2211a.      Authorization; implementation; targeted
                     assistance.                                      
    2211b.      Monitoring system.                                
    2211c.      Development and certification of poverty
                     measurement methods; application of methods.     
    2211d.      Additional authorities.                           

                      DIVISION B - CREDIT ASSISTANCE                  
    2212.       Microenterprise development credits.              

           DIVISION C - UNITED STATES MICROFINANCE LOAN FACILITY       
    2213.       United States Microfinance Loan Facility.         

                   DIVISION D - MISCELLANEOUS PROVISIONS               
    2214.       Report.                                           
    2214a.      Definitions.                                      

                   SUBPART VII - EVALUATION OF PROGRAMS               
    2216.       Repealed.                                         

     SUBPART VIII - SOUTHEAST ASIA MULTILATERAL AND REGIONAL PROGRAMS 
    2217 to
     2217b.     Repealed.                                         

    SUBPART IX - UTILIZATION OF DEMOCRATIC INSTITUTIONS IN DEVELOPMENT
    2218.       Utilization of democratic institutions in
                     development.                                     

       SUBPART X - PROGRAMS RELATING TO POPULATION GROWTH AND FAMILY
                                 PLANNING
    2219, 2219a.Repealed.                                         

             SUBPART XI - FOOD PRODUCTION TARGETS AND REPORTS         
    2220.       Repealed.                                         

          SUBPART XII - FAMINE PREVENTION AND FREEDOM FROM HUNGER      
    2220a.      General provisions.                               
    2220b.      General authority.                                
    2220c.      Board for International Food and Agricultural
                     Development.                                     
    2220d.      Funds for programs and activities.                
    2220e.      Presidential report to Congress.                  

            PART III - INTERNATIONAL ORGANIZATIONS AND PROGRAMS        
    2221.       General authority.                                
    2222.       Authorization of appropriations.                  
    2223.       Indus Basin development.                          
    2224.       Repealed.                                         
    2225.       Integration of women.                             
    2226.       Reports on international organizations.           
    2227.       Withholding of United States proportionate share
                     for certain programs of international
                     organizations.                                   
    2228.       International Youth Opportunity Fund.             

                      PART IV - SUPPORTING ASSISTANCE                  
    2241 to
     2243.      Repealed.                                         

                          PART V - CONTINGENCIES                      
    2261.       Authorization of appropriations.                  
    2262.       Transferred.                                      

        PART VI - CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT
                                INITIATIVE.
    2271.       Statement of policy.                              
    2272.       Conditions on furnishing assistance.              
    2273.       Peace process in Central America.                 
    2274.       Economic assistance coordination.                 
    2275.       Authorization of appropriations.                  
    2276.       "Central American countries" defined.             

                   PART VII - DEBT-FOR-NATURE EXCHANGES               
    2281.       "Debt-for-nature exchange" defined.               
    2282.       Assistance for commercial debt exchanges.         
    2283.       Eligible projects.                                
    2284.       Eligible countries.                               
    2285.       Terms and conditions.                             
    2286.       Pilot program for sub-Saharan Africa.             

                PART VIII - INTERNATIONAL NARCOTICS CONTROL            
    2291.       Policy, general authorities, coordination, foreign
                     police actions, definitions, and other
                     provisions.                                      
    2291-1 to 2291-3. Repealed.                                       
    2291-4.     Official immunity for authorized employees and
                     agents of United States and foreign countries
                     engaged in interdiction of aircraft used in
                     illicit drug trafficking.                        
    2291-5.     Provision of nonlethal equipment to foreign law
                     enforcement organizations for cooperative illicit
                     narcotics control activities.                    
    2291a.      Authorization of appropriations.                  
    2291b.      Prohibition on use of foreign assistance for
                     reimbursements for drug crop eradications.       
    2291c.      Requirements relating to aircraft and other
                     equipment.                                       
    2291d.      Records of aircraft use.                          
    2291e.      Reallocation of funds withheld from countries
                     which fail to take adequate steps to halt illicit
                     drug production or trafficking.                  
    2291f.      Prohibition on assistance to drug traffickers.    
    2291g.      Limitations on acquisition of real property and
                     construction of facilities.                      
    2291h.      Reporting requirements.                           
    2291i.      Repealed.                                         
    2291j.      Annual certification procedures.                  
    2291j-1.    International drug control certification
                     procedures.                                      
    2291k.      Repealed.                                         

                PART IX - INTERNATIONAL DISASTER ASSISTANCE            
    2292.       General provisions.                               
    2292a.      Authorization of appropriations.                  
    2292a-1.    Appropriated funds; Presidential reports to
                     Committees on Appropriations of the Senate and
                     the House.                                       
    2292b.      Disaster assistance coordination through a Special
                     Coordinator for International Disaster
                     Assistance; Presidential appointment and duties. 
    2292c.      Authorization of appropriations for disaster
                     relief and emergency recovery needs in Pakistan
                     and Nicaragua.                                   
    2292d,
     2292e.     Repealed or Transferred.                          
    2292f.      Cyprus: relief and rehabilitation; terms and
                     conditions; authorization of appropriations;
                     section 2292 policy and general authority
                     applicable.                                      
    2292g.      Repealed.                                         
    2292h.      Italy: relief, rehabilitation and reconstruction
                     assistance.                                      
    2292i.      Lebanon: relief and rehabilitation.               
    2292j.      Romania: relief and rehabilitation.               
    2292k.      Turkey: relief, rehabilitation, and
                     reconstruction.                                  
    2292l.      Africa: rehabilitation and resettlement.          
    2292m.      Special Caribbean hurricane relief assistance.    
    2292n.      Cambodia: disaster relief assistance.             
    2292o.      Assistance for displaced persons in Central
                     America.                                         
    2292p.      Lebanon: emergency relief, rehabilitation, and
                     reconstruction assistance.                       
    2292q.      African famine assistance.                        

                   PART X - DEVELOPMENT FUND FOR AFRICA               
    2293.       Long-term development assistance for sub-Saharan
                     Africa.                                          
    2294.       Authorizations of appropriations for Development
                     Fund for Africa.                                 

     PART XI - SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE
               INDEPENDENT STATES OF THE FORMER SOVIET UNION
    2295.       Assistance for the independent states.            
    2295a.      Criteria for assistance to governments of the
                     independent states.                              
    2295b.      Authorities relating to assistance and other
                     provisions.                                      
    2295c.      Authorization of appropriations.                  

     PART XII - SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF
           THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA
    2296.       United States assistance to promote reconciliation
                     and recovery from regional conflicts.            
    2296a.      Economic assistance.                              
    2296b.      Development of infrastructure.                    
    2296c.      Border control assistance.                        
    2296d.      Strengthening democracy, tolerance, and the
                     development of civil society.                    
    2296e.      Administrative authorities.                       
    2296f.      Definitions.                                      

               SUBCHAPTER II - MILITARY ASSISTANCE AND SALES           

                      PART I - DECLARATION OF POLICY                  
    2301.       Congressional statement of policy.                
    2302.       Utilization of defense articles and defense
                     services.                                        
    2303.       Repealed.                                         
    2304.       Human rights and security assistance.             
    2305.       National Security Assistance Strategy.            

                       PART II - MILITARY ASSISTANCE                   
    2311.       General authority.                                
    2312.       Authorization of appropriations.                  
    2313.       Transferred.                                      
    2314.       Furnishing of defense articles or related training
                     or other defense service on grant basis.         
    2314a to
     2317.      Repealed or Transferred.                          
    2318.       Special authority.                                
    2319 to
     2321a.     Repealed.                                         
    2321b.      Excess defense article.                           
    2321c.      Definitions.                                      
    2321d.      Considerations in furnishing military assistance. 
    2321e to
     2321g.     Repealed.                                         
    2321h.      Stockpiling of defense articles for foreign
                     countries.                                       
    2321i.      Overseas management of assistance and sales
                     programs.                                        
    2321j.      Authority to transfer excess defense articles.    
    2321k.      Designation of major non-NATO allies.             
    2321l to
     2322.      Repealed or Transferred.                          

                     PART III - FOREIGN MILITARY SALES                 
    2341 to
     2343.      Repealed.                                         
    2344.       Reimbursements.                                   
    2345.       Repealed.                                         

                      PART IV - ECONOMIC SUPPORT FUND                  
    2346.       Authority.                                        
    2346a.      Authorizations of appropriations.                 
    2346b.      Emergency assistance.                             
    2346c.      Administration of justice.                        
    2346d to
     2346i.     Repealed.                                         

          PART V - INTERNATIONAL MILITARY EDUCATION AND TRAINING      
    2347.       General authority.                                
    2347a.      Authorization of appropriations.                  
    2347b.      Congressional declaration of purpose.             
    2347c.      Exchange training; reciprocity agreement.         
    2347d.      Training in maritime skills.                      
    2347e.      Prohibition on grant assistance for certain high
                     income foreign countries.                        
    2347f.      Consultation requirement.                         
    2347g.      Records regarding foreign participants.           
    2347h.      Human rights report.                              

                     PART VI - PEACEKEEPING OPERATIONS                 
    2348.       General authorization.                            
    2348a.      Authorization of appropriations.                  
    2348b.      Repealed.                                         
    2348c.      Administrative authorities.                       
    2348d.      Data on costs incurred in support of United
                     Nations peacekeeping operations.                 

                PART VII - AIR BASE CONSTRUCTION IN ISRAEL            
    2349.       General authority.                                
    2349a.      Authorization and utilization of funds.           
    2349b.      Waiver authorities.                               

                   PART VIII - ANTITERRORISM ASSISTANCE               
    2349aa.     General authority.                                
    2349aa-1.   Purposes.                                         
    2349aa-2.   Limitations.                                      
    2349aa-3.   Repealed.                                         
    2349aa-4.   Authorization of appropriations.                  
    2349aa-5.   Administrative authorities.                       
    2349aa-6.   Repealed.                                         
    2349aa-7.   Coordination of all United States
                     terrorism-related assistance to foreign
                     countries.                                       
    2349aa-8.   Prohibition on imports from and exports to Libya. 
    2349aa-9.   Ban on importing goods and services from countries
                     supporting terrorism.                            
    2349aa-10.  Antiterrorism assistance.                         

         PART IX - NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE     
    2349bb.     Purposes.                                         
    2349bb-1.   Authorization of assistance.                      
    2349bb-2.   Transit interdiction.                             
    2349bb-2a.  International nonproliferation export control
                     training.                                        
    2349bb-3.   Limitations.                                      
    2349bb-4.   Authorization of appropriations.                  
    2349bb-5.   Proliferation interdiction assistance.            
    2349bb-6.   Safeguarding and elimination of conventional arms.

          SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS      

                        PART I - GENERAL PROVISIONS                    
    2351.       Encouragement of free enterprise and private
                     participation.                                   
    2352.       Small business.                                   
    2353.       Shipping on United States vessels.                
    2354.       Procurement.                                      
    2355.       Retention and use of certain items and funds.     
    2356.       Patents and technical information.                
    2357.       Furnishing of services and commodities.           
    2358.       Foreign and domestic excess property.             
    2359.       Repealed.                                         
    2360.       Transfer of funds between accounts.               
    2361.       Completion of plans and cost estimates.           
    2362.       Use of foreign currencies.                        
    2363.       Accounting, valuation, reporting, and
                     administration of foreign currencies.            
    2364.       Special authorities.                              
    2365.       Contract authority.                               
    2366.       Availability of funds.                            
    2367.       Termination expenses.                             
    2368, 2369. Repealed.                                         
    2370.       Prohibitions against furnishing assistance.       
    2370a.      Expropriation of United States property.          
    2370b.      Humanitarian assistance code of conduct.          
    2371.       Prohibition on assistance to governments
                     supporting international terrorism.              
    2372.       Repealed.                                         
    2372a.      Renewal, reissuance, etc., of export licenses to
                     or for Argentina.                                
    2373.       Eastern Mediterranean policy requirements.        
    2374.       Repealed.                                         
    2375.       Assistance to Pakistan.                           
    2376.       Nuclear non-proliferation policy in South Asia.   
    2377.       Prohibition on assistance to countries that aid
                     terrorist states.                                
    2378.       Prohibition on assistance to countries that
                     provide military equipment to terrorist states.  
    2378-1.     Prohibition on assistance to countries that
                     restrict United States humanitarian assistance.  
    2378a.      Depleted uranium ammunition.                      

                    PART II - ADMINISTRATIVE PROVISIONS                
    2381.       Exercise of functions.                            
    2381a.      Strengthened management practices.                
    2382.       Coordination with foreign policy.                 
    2383.       Responsibilities of the Secretary of Defense;
                     priorities in procurement, delivery, and
                     allocation of military equipment.                
    2384.       Statutory officers.                               
    2385.       Employment of personnel.                          
    2385a.      Unified personnel system.                         
    2386.       Experts, consultants, and retired officers.       
    2387.       Detail of personnel to foreign governments.       
    2388.       Detail of personnel to international
                     organizations.                                   
    2389.       Status and benefits of personnel assigned or
                     detailed to foreign governments or international
                     organizations.                                   
    2390.       Terms of detail or assignment of personnel.       
    2391.       Missions and staffs abroad.                       
    2392.       Government agencies.                              
    2393.       Waiver of certain laws.                           
    2393a.      Requests by Government Accountability Office and
                     Congressional committees for documents and
                     materials.                                       
    2394.       Reports and information; definitions.             
    2394-1.     Notification of program changes.                  
    2394-1a.    Classification of reports.                        
    2394a.      Extortion and illegal payments to officials of
                     foreign countries receiving international
                     security assistance.                             
    2394b.      HELP Commission.                                  
    2395.       General authorities.                              
    2395a.      International agreements concerning debt relief;
                     transmittal to Congressional committees.         
    2396.       Availability of funds.                            
    2396a.      Property Management Fund.                         
    2397.       Administrative expenses.                          
    2398.       Assistance to countries pursuant to other
                     statutes.                                        
    2399 to
     2399a.     Repealed or Transferred.                          
    2399b.      False claims and ineligible commodities.          
    2399c.      Coordination of policies and programs.            
    2399d.      Shipping differential.                            

                    PART III - MISCELLANEOUS PROVISIONS                
    2401.       Effective date; identification of programs.       
    2402.       Saving provisions.                                
    2403.       Definitions.                                      
    2404.       Unexpended balances.                              
    2405.       Separability.                                     
    2406.       Development programs for dependable fuel supplies.
    2407.       Special authorization for use of foreign
                     currencies.                                      
    2408.       Repealed.                                         
    2409.       Use of United States Armed Forces.                
    2410, 2410a.Repealed.                                         
    2411.       Limitation upon exercise of special authorities.  
    2412.       Limitation on foreign assistance appropriations.  
    2413.       Changes in allocation of foreign assistance.      
    2414.       Presidential findings and determinations.         
    2414a.      Annual report to Congress on voting practices at
                     United Nations.                                  
    2415.       Annual military assistance report.                
    2416.       Annual foreign military training report.          
    2417 to
     2419.      Repealed.                                         
    2420.       Police training prohibition.                      
    2421.       Trade and Development Agency.                     
    2421a.      Capital projects office within Agency for
                     International Development.                       
    2421b.      Capital projects for poverty alleviation and
                     environmental safety and sustainability.         
    2421c.      Coordination.                                     
    2421d.      Funding for capital projects.                     
    2421e.      Definitions.                                      
    2422.       Repealed.                                         
    2423.       Exchanges of certain materials.                   
    2424, 2425. Repealed.                                         
    2426.       Discrimination against United States personnel.   
    2427.       Operating expenses.                               
    2428.       Repealed.                                         
    2428a.      Congressional declaration of policy toward Korea;
                     transmittal of report to Speaker of the House and
                     Congressional committees.                        
    2428b.      Special security assistance for modernization of
                     Armed Forces of Korea.                           
    2429, 2429a.Repealed.                                         
    2429a-1.    Annual report on nuclear transfer activities.     
    2429a-2.    Enforcement of nonproliferation treaties.         
    2429b.      Transferred.                                      

         SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE     
    2430.       Purpose.                                          
    2430a.      Definitions.                                      
    2430b.      Eligibility for benefits.                         
    2430c.      Reduction of certain debt.                        
    2430d.      Repayment of principal.                           
    2430e.      Interest on new obligations.                      
    2430f.      Enterprise for the Americas Funds.                
    2430g.      Americas Framework Agreements.                    
    2430h.      Enterprise for the Americas Board.                
    2430i.      Annual reports to Congress.                       

       SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                             TROPICAL FORESTS
    2431.       Findings and purposes.                            
    2431a.      Definitions.                                      
    2431b.      Establishment of Facility.                        
    2431c.      Eligibility for benefits.                         
    2431d.      Reduction of debt owed to United States as result
                     of concessional loans under this chapter.        
    2431e.      Reduction of debt owed to United States as result
                     of credits extended under title I of Agricultural
                     Trade Development and Assistance Act of 1954.    
    2431f.      Authority to engage in debt-for-nature swaps and
                     debt buybacks.                                   
    2431g.      Tropical Forest Agreement.                        
    2431h.      Tropical Forest Fund.                             
    2431i.      Board.                                            
    2431j.      Consultations with Congress.                      
    2431k.      Annual reports to Congress.                       

                   SUBCHAPTER V - MIDDLE EAST ASSISTANCE               
    2441 to
     2443.      Repealed.                                         

-End-


-CITE-
    22 USC SUBCHAPTER I - INTERNATIONAL DEVELOPMENT             01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT

-HEAD-
                 SUBCHAPTER I - INTERNATIONAL DEVELOPMENT             

-End-


-CITE-
    22 USC Part I - Declaration of Policy; Development
                     Assistance Authorizations             01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
          PART I - DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE
                              AUTHORIZATIONS

-End-



-CITE-
    22 USC Sec. 2151                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151. Congressional findings and declaration of policy

-STATUTE-
    (a) United States development cooperation policy
      The Congress finds that fundamental political, economic, and
    technological changes have resulted in the interdependence of
    nations. The Congress declares that the individual liberties,
    economic prosperity, and security of the people of the United
    States are best sustained and enhanced in a community of nations
    which respect individual civil and economic rights and freedoms and
    which work together to use wisely the world's limited resources in
    an open and equitable international economic system. Furthermore,
    the Congress reaffirms the traditional humanitarian ideals of the
    American people and renews its commitment to assist people in
    developing countries to eliminate hunger, poverty, illness, and
    ignorance.
      Therefore, the Congress declares that a principal objective of
    the foreign policy of the United States is the encouragement and
    sustained support of the people of developing countries in their
    efforts to acquire the knowledge and resources essential to
    development and to build the economic, political, and social
    institutions which will improve the quality of their lives.
      United States development cooperation policy should emphasize
    five principal goals:
        (1) the alleviation of the worst physical manifestations of
      poverty among the world's poor majority;
        (2) the promotion of conditions enabling developing countries
      to achieve self-sustaining economic growth with equitable
      distribution of benefits;
        (3) the encouragement of development processes in which
      individual civil and economic rights are respected and enhanced;
        (4) the integration of the developing countries into an open
      and equitable international economic system; and
        (5) the promotion of good governance through combating
      corruption and improving transparency and accountability.

      The Congress declares that pursuit of these goals requires that
    development concerns be fully reflected in United States foreign
    policy and that United States development resources be effectively
    and efficiently utilized.
    (b) Coordination of development-related activities
      Under the policy guidance of the Secretary of State, the agency
    primarily responsible for administering subchapter I of this
    chapter should have the responsibility for coordinating all United
    States development-related activities.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 101, formerly Sec. 102, Sept. 4, 1961,
    75 Stat. 424; Pub. L. 87-565, pt. I, Sec. 101, Aug. 1, 1962, 76
    Stat. 255; Pub. L. 88-205, pt. I, Sec. 101(c), Dec. 16, 1963, 77
    Stat. 379; Pub. L. 89-171, pt. I, Sec. 101, Sept. 6, 1965, 79 Stat.
    653; Pub. L. 89-583, pt. I, Sec. 101, Sept. 19, 1966, 80 Stat. 796;
    Pub. L. 90-137, pt. I, Sec. 101, Nov. 14, 1967, 81 Stat. 445; Pub.
    L. 93-189, Sec. 2(2), Dec. 17, 1973, 87 Stat. 714; Pub. L. 94-161,
    title III, Sec. 301, Dec. 20, 1975, 89 Stat. 855; Pub. L. 95-88,
    title I, Secs. 101, 113(b), Aug. 3, 1977, 91 Stat. 533, 538;
    renumbered and amended Pub. L. 95-424, title I, Sec. 101, Oct. 6,
    1978, 92 Stat. 937; Pub. L. 106-309, title II, Sec. 203(a), Oct.
    17, 2000, 114 Stat. 1091.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-309 substituted "five principal
    goals" for "four principal goals" in introductory provisions of
    third paragraph and added par. (5).
      1978 - Subsec. (a). Pub. L. 95-424, in setting forth a new
    declaration of policy generally substituted four principal goals of
    development cooperation policy, they being (1) the alleviation of
    the worst manifestations of poverty, (2) self-sustained economic
    growth, (3) respect for civil and economic rights, and (4) the
    integration of the developing countries into an open and equitable
    economic system, for former seven pars. relating to: (1) primary
    responsibility for development being in the less developed
    countries themselves; (2) the active involvement of many countries;
    (3) the encouragement of regional cooperation; (5) assistance being
    of such nature as to help United States balance of payments; (6)
    furnishing of assistance in such manner as to promote efficiency,
    and (7) the furnishing of agricultural commodities, etc., to
    complement assistance under this subchapter.
      Subsec. (b). Pub. L. 95-424 substituted provisions relating to
    the responsibility of the agency primarily responsible for
    administering the program for coordination of all development
    related activities, for former seven criteria for restructuring
    relationships with less developed countries, those criteria being:
    (1) sharing of technical expertise; (2) focusing on critical
    problems affecting the majority of the people; (3) use of the
    private sector; (4) development goals as the responsibility of each
    sovereign nation; (5) priority to undertakings directly improving
    the lives of the poorest people; (6) private investment in
    development programs; and (7) responsibility for coordination of
    activities with the agency having primary responsibility for
    administering this part.
      Subsecs. (c) to (e). Pub. L. 95-424 struck out subsecs. (c) to
    (e).
      1977 - Subsec. (a). Pub. L. 95-88, Sec. 113(b)(1), inserted
    "environment and natural resources" to enumeration of fundamental
    needs of the people of less developed countries which development
    assistance must be used in meeting.
      Subsec. (b)(2). Pub. L. 95-88, Sec. 113(b)(2), inserted
    "environment and natural resources;" after "population planning and
    health;".
      Subsec. (d). Pub. L. 95-88, Sec. 101(a), substituted provisions
    under which the President developed the criteria and factors to be
    used in assessing the commitment and progress of countries in
    meeting the objectives set forth in subsec. (c) and transmitted a
    report by Jan. 31, 1978, to the Speaker of the House and to the
    Committee on Foreign Relations of the Senate for provisions under
    which the President had established the criteria without
    Congressional involvement.
      Subsec. (e). Pub. L. 95-88, Sec. 101(b), added subsec. (e).
      1975 - Subsecs. (c), (d). Pub. L. 94-161 added subsecs. (c) and
    (d).
      1973 - Pub. L. 93-189 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1967 - Pub. L. 90-137, in providing a new statement of policy,
    reaffirming basic foreign assistance principles, and recognizing
    new problems and need for new priorities, substituted five pars.
    concerned with (1) freedom, security, prosperity, aggression,
    subversion, ignorance, want, despair, and national security; (2)
    economic cooperation and trade among countries, etc. (a reenactment
    of former sixth par. less provision for resort to international law
    procedures in adjudication of issues among friendly countries in
    support of such economic cooperation, etc.); (3) seven principles
    pertaining to: self-help efforts and responsibility of the country,
    multilateral basis of involvement and cooperation, regional
    cooperation, food production and voluntary family planning, balance
    of payments, maximum dollar effectiveness, and coordination of
    overall assistance; (4) Permanent Peace in the Middle East; and (5)
    suspension of assistance after severance of diplomatic relations
    for former sixteen pars. relating to: (1) dignity and
    interdependence of man, and freedom; (2) resources development,
    living standards improvement, and aspirations for justice,
    education, etc., now covered in par. (1); (4) free economic
    institutions and flow of private investment capital; (5) investment
    guaranties; (6) economic cooperation and trade among countries,
    etc., as described for par. (2); (7) long-range continuity and
    disposal of surplus property and agricultural crops; (8) world
    peace, national security, and dangers of international communism;
    (9) countries sharing United States views on world crisis; (10)
    loan guarantees and related technical assistance and development
    program; (11) regional organizations for mutual assistance; (12)
    prohibition of assistance for short-term emergency purposes; (13)
    common undertaking of countries to meet goals; (14) discretionary
    assistance by the President to South Vietnam to gain victory in the
    war against communism and return to homeland of Americans from that
    struggle; (15) damage or destruction by mob action of United States
    property and termination of assistance, now covered in section
    2370(j) of this title; and (16) use of United States Armed Forces,
    now covered in section 2409 of this title.
      1966 - Pub. L. 89-583 provided for termination of assistance to
    any foreign country which does not take appropriate measures to
    provide compensation for damage or destruction by mob action of
    United States property within such country and declared that
    furnishing assistance shall not be construed as creating a new
    commitment or as affecting any existing commitment to use armed
    forces of the United States for the defense of any foreign country.
      1965 - Pub. L. 89-171 added expressions of the sense of Congress
    that in furnishing assistance under this subchapter excess personal
    property shall be utilized wherever practicable in lieu of the
    procurement of new items for United States-assisted projects and
    programs and that assistance under this chapter and other statutes
    should be terminated to any country permitting damage to or
    destruction of U.S. property within such country by mob action or
    by failing to take adequate preventive measures.
      1963 - Pub. L. 88-205 declared that institution of full
    investment guaranty programs with all recipient countries would be
    regarded as a significant measure of self-help by such countries
    improving investment climate, that assistance to maintain freedom
    from communism "shall" rather than "should" emphasize long-range
    development, that in the administration of programs of assistance,
    every precaution be taken to assure that assistance is not diverted
    to any short-term emergency purpose or any purpose not essential to
    long-range economic development, that other industrialized free-
    world countries increase their contributions and assistance to
    more equitably share the burden, and the President should in his
    discretion, extend or withhold assistance from South Vietnam to
    further victory and the return home of Americans involved in the
    struggle there.
      1962 - Pub. L. 87-565 declared distinctions made by foreign
    nations between American citizens because of race, color, or
    religion, relating to rights available to such citizens, to be
    repugnant to our principals, required in the administration of
    these funds, that consideration be given those countries sharing
    our world views and which do not divert their resources to military
    or propaganda efforts, supported by the Soviet Union or Communist
    China, against the United States or countries receiving aid under
    this chapter, that the highest emphasis be given to programs for
    loans or loan guarantees for use by organizations in making low-
    interest loans to individuals in friendly countries for the
    purchase of small farms, purchase of homes, aiding or establishing
    small businesses, purchase of tools and equipment for an occupation
    or trade, or to obtain practical education in vocational skills,
    and to programs of technical assistance and development, each
    assisted country should be encouraged to recognize needs of the
    people in the preparation of national development programs, and
    declared that friendly nations are to be invited, where possible,
    to join in missions to consult with countries receiving assistance
    on the possibilities of joint action to assure effective
    development of economic development plans and effective use of
    assistance provided them, and that the President may request
    international financial institutions to assist in establishing such
    missions.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Pub. L. 96-53, title V, Sec. 512, Aug. 14, 1979, 93 Stat. 380,
    provided that:
      "(a) Except as provided in subsection (b) of this section and in
    section 503(b) [set out as an Effective Date of 1979 Amendment note
    under section 2385a of this title] this Act [see Short Title of
    1979 Amendments note below] shall take effect on October 1, 1979.
      "(b) Sections 114(b) [not classified to the Code], 123 [amending
    a provision set out as a note below], 501 [not classified to the
    Code], and 509 [set out as a note below] of this Act shall take
    effect on the date of enactment of this Act [Aug. 14, 1979]."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 605 of Pub. L. 95-424 provided that: "The amendments made
    by this Act [see Short Title of 1978 Amendment note below] shall
    take effect on October 1, 1978."

                       SHORT TITLE OF 2007 AMENDMENT                   
      Pub. L. 109-472, Sec. 1(a), Jan. 11, 2007, 120 Stat. 3554,
    provided that: "This Act [enacting sections 288l, 2349bb-5, and
    2349bb-6 of this title and section 118 of Title 18, Crimes and
    Criminal Procedure, amending sections 214, 288f-2, 2321h, 2349bb-2,
    and 4856 of this title, section 5924 of Title 5, Government
    Organization and Employees, and section 1356 of Title 8, Aliens and
    Nationality, enacting provisions set out as notes under section
    2751 of this title and section 1714 of Title 8, and amending
    provisions set out as a note under section 6206 of this title] may
    be cited as the 'Department of State Authorities Act of 2006'."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-165, Sec. 1, Jan. 10, 2006, 119 Stat. 3574, provided
    that: "This Act [enacting and amending provisions set out as notes
    under section 2152 of this title] may be cited as the 'Torture
    Victims Relief Reauthorization Act of 2005'."

                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-95, Sec. 1, Nov. 8, 2005, 119 Stat. 2111, provided
    that: "This Act [enacting sections 2152f and 2152g of this title
    and provisions set out as notes under sections 2152f and 2152g of
    this title] may be cited as the 'Assistance for Orphans and Other
    Vulnerable Children in Developing Countries Act of 2005'."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-484, Sec. 1, Dec. 23, 2004, 118 Stat. 3922, provided
    that: "This Act [enacting sections 2211 to 2211d, 2214, and 2214a
    of this title, amending sections 2212 and 2213 of this title,
    transferring sections 2151f and 2152b of this title to sections
    2212 and 2213, respectively, of this title, repealing section 2152a
    of this title, enacting provisions set out as notes under section
    2211 of this title, and amending provisions set out as a note under
    section 2212 of this title] may be cited as the 'Microenterprise
    Results and Accountability Act of 2004'."

                      SHORT TITLE OF 2003 AMENDMENTS                  
      Pub. L. 108-179, Sec. 1, Dec. 15, 2003, 117 Stat. 2643, provided
    that: "This Act [enacting and amending provisions set out as notes
    under section 2152 of this title] may be cited as the 'Torture
    Victims Relief Reauthorization Act of 2003'."
      Pub. L. 108-158, Sec. 1, Dec. 3, 2003, 117 Stat. 1949, provided
    that: "This Act [amending sections 2193, 2194, 2195, 2198, and 2200
    of this title] may be cited as the 'Overseas Private Investment
    Corporation Amendments Act of 2003'."

                      SHORT TITLE OF 2002 AMENDMENTS                  
      Pub. L. 107-246, Sec. 1, Oct. 23, 2002, 116 Stat. 1511, provided
    that: "This Act [amending sections 2295 and 2295b of this title and
    enacting provisions set out as notes under section 2295 of this
    title] may be cited as the 'Russian Democracy Act of 2002'."
      Pub. L. 107-228, div. A, title VI, Sec. 661, Sept. 30, 2002, 116
    Stat. 1405, provided that: "This subtitle [subtitle E (Secs. 661-
    665) of title VI of div. A of Pub. L. 107-228, enacting section
    2151n-2 of this title, amending sections 2151n and 2304 of this
    title, and enacting provisions set out as notes under sections
    2151n and 2151n-2 of this title] may be cited as the 'Freedom
    Investment Act of 2002'."
      Pub. L. 107-228, div. B, title X, Sec. 1001, Sept. 30, 2002, 116
    Stat. 1425, provided that: "This division [see Tables for
    classification] may be cited as the 'Security Assistance Act of
    2002'."

                      SHORT TITLE OF 2000 AMENDMENTS                  
      Pub. L. 106-570, Sec. 1, Dec. 27, 2000, 114 Stat. 3038, provided
    that: "This Act [enacting section 2151b-1 of this title and
    enacting provisions set out as notes under this section and
    sections 2151b-1, 2517, 2656, and 6901 of this title, section 1701
    of Title 50, War and National Defense, and preceding section 28101
    of Title 49, Transportation] may be cited as the 'Assistance for
    International Malaria Control Act'."
      Pub. L. 106-570, title I, Sec. 101, Dec. 27, 2000, 114 Stat.
    3039, provided that: "This title [enacting section 2151b-1 of this
    title and provisions set out as a note under section 2151b-1 of
    this title] may be cited as the 'International Malaria Control Act
    of 2000'."
      Pub. L. 106-373, Sec. 1, Oct. 27, 2000, 114 Stat. 1427, provided
    that: "This Act [amending sections 2220a to 2220c and 2220e of this
    title] may be cited as the 'Famine Prevention and Freedom From
    Hunger Improvement Act of 2000'."
      Pub. L. 106-309, Sec. 1, Oct. 17, 2000, 114 Stat. 1078, provided
    that: "This Act [enacting sections 2152a to 2152c and 2462 of this
    title, amending this section and sections 287e-1, 2151-1, 2151f,
    2151i, 2151aa, and 2395 of this title, and enacting provisions set
    out as notes under this section and sections 2151f, 2151i, 2152b,
    2152c, 2462, and 2517 of this title and section 402 of Title 10,
    Armed Forces] may be cited as the 'Microenterprise for Self-
    Reliance and International Anti-Corruption Act of 2000'."
      Pub. L. 106-309, title I, Sec. 101, Oct. 17, 2000, 114 Stat.
    1079, provided that: "This title [enacting sections 2152a and 2152b
    of this title, amending section 2151f of this title, and enacting
    provisions set out as notes under sections 2151f and 2152b of this
    title] may be cited as the 'Microenterprise for Self-Reliance Act
    of 2000'."
      Pub. L. 106-309, title II, Sec. 201, Oct. 17, 2000, 114 Stat.
    1090, provided that: "This title [enacting section 2152c of this
    title, amending this section and sections 2151-1 and 2151aa of this
    title, and enacting provisions set out as notes under section 2152c
    of this title] may be cited as the 'International Anti-Corruption
    and Good Governance Act of 2000'."
      Pub. L. 106-309, title IV, Sec. 401(a), Oct. 17, 2000, 114 Stat.
    1096, provided that: "This section [amending section 2151i of this
    title and enacting provisions set out as notes under section 2151i
    of this title] may be cited as the 'Support for Overseas
    Cooperative Development Act'."
      Pub. L. 106-280, Sec. 1(a), Oct. 6, 2000, 114 Stat. 845, provided
    that: "This Act [enacting part IX (Sec. 2349bb et seq.) of
    subchapter II of this chapter and sections 2305, 2347f, and 2347g
    of this title, amending sections 2302, 2318, 2321h, 2321j, 2349aa-
    4, 2415, 2776, 2778, 2797, and 6723 of this title, and enacting
    provisions set out as notes under sections 2305, 2797, and 2797b of
    this title] may be cited as the 'Security Assistance Act of 2000'."
      Pub. L. 106-264, title II, Sec. 201, Aug. 19, 2000, 114 Stat.
    758, provided that: "This title [amending section 2151b of this
    title and enacting provisions set out as a note under section 2151b
    of this title] may be cited as the 'International Tuberculosis
    Control Act of 2000'."

                      SHORT TITLE OF 1999 AMENDMENTS                  
      Pub. L. 106-158, Sec. 1, Dec. 9, 1999, 113 Stat. 1745, provided
    that: "This Act [enacting section 4727a of Title 15, Commerce and
    Trade, amending sections 2191a, 2193, 2195, and 2421 of this title
    and section 4727 of Title 15, and enacting provisions set out as a
    note under section 2191a of this title] may be cited as the 'Export
    Enhancement Act of 1999'."
      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 596(a)],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-123, provided that: "This
    section [enacting part XII of subchapter I of this chapter and
    amending sections 5812 and 5814 of this title] may be cited as the
    'Silk Road Strategy Act of 1999'."
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec.
    1201], Nov. 29, 1999, 113 Stat. 1536, 1501A-497, provided that:
    "This title [amending sections 2321h, 2321j, 2367, 2753, 2761,
    2762, 2776, and 2779a of this title and section 301 of Title 13,
    Census, and enacting provisions set out as notes under section 2551
    of this title, sections 1 and 301 of Title 13, and section 2099 of
    Title 50, Appendix, War and National Defense] may be cited as the
    'Security Assistance Act of 1999'."
      Pub. L. 106-87, Sec. 1, Nov. 3, 1999, 113 Stat. 1301, provided
    that: "This Act [amending section 2152 of this title and provisions
    set out as a note under section 2152 of this title] may be cited as
    the 'Torture Victims Relief Reauthorization Act of 1999'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-319, Sec. 1, Oct. 19, 1996, 110 Stat. 3864, provided
    that: "This Act [amending sections 277b, 2151n, and 2304 of this
    title, enacting provisions set out as notes under this section and
    section 2452 of this title, and amending provisions set out as
    notes under sections 1157 and 1255 of Title 8, Aliens and
    Nationality] may be cited as the 'Human Rights, Refugee, and Other
    Foreign Relations Provisions Act of 1996'."

                      SHORT TITLE OF 1994 AMENDMENTS                  
      Pub. L. 103-447, Sec. 1, Nov. 2, 1994, 108 Stat. 4691, provided
    that: "This Act [amending sections 2291, 2291a, 2291e, 2291f, 2291h
    to 2291k of this title, section 635 of Title 12, Banks and Banking,
    section 981 of Title 18, Crimes and Criminal Procedure, section
    1616a of Title 19, Customs Duties, and section 881 of Title 21,
    Food and Drugs, repealing section 2291-2 of this title, enacting
    provisions set out as notes under this section, sections 1928 and
    2420 of this title, and section 1182 of Title 8, Aliens and
    Nationality, amending provisions set out as a note under section
    5311 of Title 31, Money and Finance, and repealing provisions set
    out as notes under this section, sections 2291, 2291h, and 2420 of
    this title, section 701 of Title 41, Public Contracts, and section
    1902 of Title 46, Appendix, Shipping] may be cited as the
    'International Narcotics Control Corrections Act of 1994'."
      Pub. L. 103-392, Sec. 1, Oct. 22, 1994, 108 Stat. 4098, provided
    that: "This Act [enacting section 2151t-1 of this title, amending
    sections 2191, 2195, and 2421 of this title and sections 4052 and
    4728 of Title 15, Commerce and Trade, and enacting provisions set
    out as a note under section 4701 of Title 15] may be cited as the
    'Jobs Through Trade Expansion Act of 1994'."

                      SHORT TITLE OF 1992 AMENDMENTS                  
      Pub. L. 102-583, Sec. 1, Nov. 2, 1992, 106 Stat. 4914, provided
    that Pub. L. 102-583 could be cited as the "International Narcotics
    Control Act of 1992", prior to repeal by Pub. L. 103-447, title I,
    Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.
      Pub. L. 102-549, Sec. 1, Oct. 28, 1992, 106 Stat. 3651, provided
    that: "This Act [enacting sections 2077, 2200b, 2421a to 2421e, and
    2430 to 2430i of this title and section 4723a of Title 15, Commerce
    and Trade, amending sections 2191, 2191a, 2194, 2195, 2197 to 2199,
    2200a, 2421, and 5401 of this title, section 5314 of Title 5,
    Government Organization and Employees, section 1738i of Title 7,
    Agriculture, and sections 635q to 635s of Title 12, Banks and
    Banking, repealing section 2296 of this title, enacting provisions
    set out as notes under this section and sections 262s-2, 2296,
    2421, and 2421a of this title, and amending provisions set out as a
    note under this section] may be cited as the 'Jobs Through Exports
    Act of 1992'."
      Pub. L. 102-549, title VI, Sec. 601, Oct. 28, 1992, 106 Stat.
    3664, provided that: "This title [enacting sections 2077 and 2430
    to 2430i of this title, amending section 1738i of Title 7,
    Agriculture, repealing section 2296 of this title, and enacting
    provisions set out as a note under section 2296 of this title] may
    be cited as the 'Enterprise for the Americas Act of 1992'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-623, Sec. 1(a), Nov. 21, 1990, 104 Stat. 3350,
    provided that: "This Act [enacting section 2151x-1 of this title
    and section 3196 of Title 18, Crimes and Criminal Procedure,
    amending sections 2291c, 2321k, 2346c, and 2360 of this title and
    section 635 of Title 12, Banks and Banking, and enacting provisions
    set out as notes under sections 2291, 2291h, and 2360 of this
    title] may be cited as the 'International Narcotics Control Act of
    1990'."

                      SHORT TITLE OF 1989 AMENDMENTS                  
      Pub. L. 101-240, Sec. 1(a), Dec. 19, 1989, 103 Stat. 2492,
    provided that: "This Act [enacting sections 262m-7, 262p-4g to 262p-
    4k, 262r to 262r-2, 262s-1, 262t, 283z-5 to 283z-8, 286e-12,
    286kk, 2281 to 2286, and 7901 to 7908 of this title and section
    3904a of Title 12, Banks and Banking, amending sections 262d, 262m-
    7, 262p-1, 262p-5, 262s-2, 282b, 283b, 283cc, 284b, 285b, 286b,
    286e-9, 286k-1, 286s, 290g-2, 290i-3, and 290k-5 of this title and
    sections 635 and 635i-3 of Title 12, transferring former section
    262q of this title to section 262s of this title, and former
    section 4722 of Title 15, Commerce and Trade, to section 262s-2 of
    this title, repealing sections 262i, 262m-6, 276c-3, 283i, 286b-1,
    and 286b-2 of this title, enacting provisions set out as notes
    under this section, sections 262d, 283z-6, 2291, and 7901 of this
    title, and sections 635, 3901, and 3904a of Title 12, amending
    provisions set out as a note under section 262l of this title, and
    repealing provisions set out as notes under sections 262g-2 and 283
    of this title] may be cited as the 'International Development and
    Finance Act of 1989'."
      Pub. L. 101-240, title VII, Sec. 701, Dec. 19, 1989, 103 Stat.
    2521, provided that: "This title [enacting sections 2281 to 2286
    and 7901 to 7908 of this title and provisions set out as a note
    under section 7901 of this title of this title] may be cited as the
    'Global Environmental Protection Assistance Act of 1989'."
      Pub. L. 101-231, Sec. 1(a), Dec. 13, 1989, 103 Stat. 1954,
    provided that: "This Act [enacting section 2321k of this title,
    amending sections 2291, 2291a, 2708, and 2795 of this title and
    sections 2492 and 2495 of Title 19, Customs Duties, and enacting
    provisions set out as notes under sections 2291 and 2708 of this
    title] may be cited as the 'International Narcotics Control Act of
    1989'."
      Pub. L. 101-222, Sec. 1(a), Dec. 12, 1989, 103 Stat. 1892,
    provided that: "This Act [amending sections 1732, 2364, 2371, 2753,
    2776, 2778, and 2780 of this title and section 2405 of Title 50,
    Appendix, War and National Defense, and enacting provisions set out
    as a note under section 2371 of this title] may be cited as the
    'Anti-Terrorism and Arms Export Amendments Act of 1989'."

                      SHORT TITLE OF 1988 AMENDMENTS                  
      Pub. L. 100-690, title IV, Sec. 4001, Nov. 18, 1988, 102 Stat.
    4261, provided that title IV of Pub. L. 100-690 could be cited as
    the "International Narcotics Control Act of 1988", prior to repeal
    by Pub. L. 103-447, title I, Sec. 103(b), Nov. 2, 1994, 108 Stat.
    4693.
      Pub. L. 100-461, title V, Sec. 555 [H.R. 5263, title I, Sec. 101,
    and S. 2757, title I, Sec. 101], Oct. 1, 1988, 102 Stat. 2268-36,
    provided that: "This title [amending sections 2191, 2194, 2194b,
    2195, 2197, 2199, and 2200a of this title] may be cited as the
    'Overseas Private Investment Corporation Amendments Act of 1988'."

                      SHORT TITLE OF 1986 AMENDMENTS                  
      Pub. L. 99-570, title II, Sec. 2001, Oct. 27, 1986, 100 Stat.
    3207-60, provided that title II of Pub. L. 99-570 could be cited as
    the "International Narcotics Control Act of 1986", prior to repeal
    by Pub. L. 103-447, title I, Sec. 103(c), Nov. 2, 1994, 108 Stat.
    4694.
      Pub. L. 99-529, Sec. 1, Oct. 24, 1986, 100 Stat. 3010, provided
    that: "This Act [enacting section 2151p-1 of this title, amending
    sections 290f, 2151b, 2151p, 2151q, 2222, 2291a, 2427, and 3929 of
    this title, and enacting provisions set out as a note under section
    290f of this title] may be cited as the 'Special Foreign Assistance
    Act of 1986'."

                      SHORT TITLE OF 1985 AMENDMENTS                  
      Pub. L. 99-204, Sec. 1, Dec. 23, 1985, 99 Stat. 1669, provided
    that: "This Act [enacting sections 2191a and 2194b of this title,
    amending sections 2191, 2194, 2195, and 2197 to 2200a of this title
    and section 709 of Title 18, Crimes and Criminal Procedure,
    repealing section 2200b of this title, enacting provisions set out
    as a note under section 2191a of this title, and repealing
    provisions set out as a note under section 2200a of this title] may
    be cited as the 'Overseas Private Investment Corporation Amendments
    Act of 1985'."
      Pub. L. 99-83, Sec. 1(a), Aug. 8, 1985, 99 Stat. 190, provided
    that: "This Act [enacting sections 2227, 2271 to 2276, 2291b, 2346
    to 2346c, 2347c, 2347d, 2349aa-7 to 2349aa-9, 2511, 2521a, and
    2770a of this title, section 469j of Title 16, Conservation, and
    sections 1356b and 1515a of former Title 49, Transportation,
    amending sections 290f, 290h-8, 290h-9, 2151-1, 2151a to 2151d,
    2151f, 2151h, 2151s, 2151u, 2151x, 2151z, 2174, 2182, 2182a, 2184,
    2201, 2222, 2291, 2291a, 2292a, 2304, 2311, 2312, 2314, 2321h,
    2321i, 2346b, 2347a, 2348a, 2349aa-2, 2349aa-4, 2354, 2361, 2364,
    2370, 2371, 2375, 2394, 2394-1, 2396, 2411, 2413, 2420, 2421, 2427,
    2429a, 2501, 2502, 2504, 2506, 2510, 2522, 2523, 2752, 2753, 2761,
    2763 to 2767, 2771, 2776, 2778, 2791, 2792, 2794, and 2795 of this
    title, sections 1431, 1721, 1722, 1727a, and 1736b of Title 7,
    Agriculture, section 7307 of Title 10, Armed Forces, and sections
    1356, 1471, and 1515 of former Title 49, repealing sections 2293,
    2294, 2346 to 2346c, 2346e to 2346i, and 2349aa-6 of this title,
    enacting provisions set out as notes under this section and
    sections 2151-1, 2151b, 2151u, 2291, 2346, 2374, 2429a, 2506, 2511,
    2751, and 2778 of this title, section 4011 of Title 15, Commerce
    and Trade, and section 1515 of former Title 49, amending provisions
    set out as notes under sections 2370 and 2501 of this title, and
    repealing provisions set out as a note under section 2293 of this
    title] may be cited as the 'International Security and Development
    Cooperation Act of 1985'."
      Pub. L. 99-83, title VI, Sec. 601, Aug. 8, 1985, 99 Stat. 228,
    provided that: "This title [enacting section 2291b of this title,
    amending sections 2151x, 2291, and 2291a of this title, and
    enacting provisions set out as a note under section 2291 of this
    title] may be cited as the 'International Narcotics Control Act of
    1985'."

                      SHORT TITLE OF 1983 AMENDMENTS                  
      Pub. L. 98-164, title VII, Sec. 701, Nov. 22, 1983, 97 Stat.
    1045, provided that: "This title [enacting section 2151q of this
    title and amending section 2452 of this title] may be cited as the
    'International Environment Protection Act of 1983'."
      Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 968,
    provided in part that: "Section 101(b)(2) of this joint resolution
    [enacting sections 2151f, and 2349aa to 2349aa-6 of this title,
    amending sections 2304, 2346a, 2403, and 2771 of this title, and
    enacting provisions set out as a note under section 2349aa of this
    title] may be cited as the 'International Security and Development
    Assistance Authorizations Act of 1983'."

                      SHORT TITLE OF 1981 AMENDMENTS                  
      Pub. L. 97-113, Sec. 1, Dec. 29, 1981, 95 Stat. 1519, provided
    that: "This Act [see Tables for classification] may be cited as the
    'International Security and Development Cooperation Act of 1981'."
      Pub. L. 97-65, Sec. 1, Oct. 16, 1981, 95 Stat. 1021, provided
    that: "This Act [enacting sections 2194a and 2200b of this title,
    amending sections 2191, 2193, 2194, 2195, 2197, 2198, 2199, and
    2200a of this title, and enacting provisions set out as notes under
    sections 2193 and 2200a of this title] may be cited as the
    'Overseas Private Investment Corporation Amendments Act of 1981'."

                      SHORT TITLE OF 1980 AMENDMENTS                  
      Pub. L. 96-533, Sec. 1, Dec. 16, 1980, 94 Stat. 3131, provided:
    "This Act [enacting sections 290h to 290h-9, 2226, 2346a, 2346b,
    2769, and 2778a of this title, amending sections 2151a to 2151d,
    2151n, 2151s, 2151u, 2151v, 2174, 2221, 2222, 2291a, 2292, 2292a,
    2292l, 2304, 2311, 2312, 2318, 2321h to 2321j, 2346, 2347a, 2348a,
    2354, 2364, 2367, 2370, 2384, 2394, 2399d, 2403, 2411, 2421, 2427,
    2502, 2514, 2753, 2761 to 2765, 2771, 2776 to 2779, 2791, 2794, and
    3510 of this title, sections 1712 and 1733 of Title 7, Agriculture,
    sections 5041 and 5045 of Title 42, The Public Health and Welfare,
    and section 2405 of Title 50, Appendix, War and National Defense,
    repealing sections 2151q, 2346c to 2346e, and 2348b of this title,
    enacting provisions set out as notes under this section and
    sections 290h, 2151a, 2291a, 2293, 2370, and 3401 of this title,
    section 1522 of Title 8, Aliens and Nationality, and section 2667
    of Title 10, Armed Forces, and repealing a provision set out as a
    note under section 2293 of this title] may be cited as the
    'International Security and Development Cooperation Act of 1980'."
      Pub. L. 96-257, Sec. 1, May 31, 1980, 94 Stat. 422, provided:
    "That this Act [enacting section 2346e of this title] may be cited
    as the 'Special Central American Assistance Act of 1979'."

                      SHORT TITLE OF 1979 AMENDMENTS                  
      Pub. L. 96-92, Sec. 1, Oct. 29, 1979, 93 Stat. 701, provided
    that: "This Act [enacting sections 2346d, 2767, and 2768 of this
    title, amending sections 2261, 2291, 2291a, 2304, 2312, 2318, 2321h
    to 2321j, 2346 to 2346c, 2347a, 2348, 2348a, 2403, 2753, 2761,
    2765, 2771, 2773, 2776, 2778, 2792, and 2794 of this title, and
    enacting provisions set out as notes under this section and
    sections 2321h, 2346c, 2771, 2776, and 3302 of this title] may be
    cited as the 'International Security Assistance Act of 1979'."
      Pub. L. 96-53, Sec. 1, Aug. 14, 1979, 93 Stat. 359, provided
    that: "This Act [enacting sections 2151x, 2151y, 2374, and 3501 to
    3513 of this title, and sections 1736g of Title 7, Agriculture,
    amending sections 2151-1, 2151a to 2151d, 2151i, 2151k, 2151n,
    2151p, 2151q, 2151s, 2151u, 2151v, 2174, 2182, 2182a, 2183, 2220b,
    2222, 2292a, 2292l, 2304, 2357, 2361, 2385a, 2395, 2399c, 2421,
    2427, 2502, and 2506 of this title, sections 5314 to 5316 and 5924
    of Title 5, Government Organization and Employees, and sections
    1703, 1704, 1722, 1726, 1727, 1727a, 1727b, 1727d to 1727f, 1731,
    and 1734 of Title 7, and enacting provisions set out as notes under
    this section and sections 2151n, 2151y, 2312, 2385a, and 3201 of
    this title] may be cited as the 'International Development
    Cooperation Act of 1979'."

                      SHORT TITLE OF 1978 AMENDMENTS                  
      Section 1 of Pub. L. 95-424 provided that: "This Act [enacting
    sections 2151-1, 2151t, 2151u, 2151v, 2151w, 2201, 2292l, 2335a,
    2393a, 2394-1, 2394-1a and 2395a of this title, amending this
    section and sections 2151a, 2151a-1, 2151b, 2151c, 2151d, 2151e,
    2151g, 2151h, 2151k, 2151n, 2151p, 2151q, 2151r, 2174, 2181, 2182,
    2182a, 2183, 2213, 2220a, 2220d, 2221, 2222, 2292, 2292a, 2292i,
    2292k, 2351, 2357, 2358, 2361, 2370, 2381a, 2384, 2394, 2395, 2396,
    2397, 2399c, 2403, 2421, and 2427 of this title and sections 1703,
    1706, 1727c, and 1727d of Title 7, Agriculture, repealing sections
    2151f, 2151l, 2151m, 2151o, 2161, 2162, 2164, 2167, 2168, 2171,
    2172, 2175, 2176, 2177, 2178, 2180, 2180a, 2211, 2212, 2213, 2216,
    2217, 2217a, 2219, 2219a, 2220, 2224, 2271, 2281, 2292d, 2292g,
    2368, 2369, 2408, 2410, 2415, 2416, 2417, 2418, and 2425 of this
    title, and enacting provisions set out as notes under this section
    and sections 2151v, 2151u, 2222, 2292d, and 2395 of this title and
    section 1711 of Title 7] may be cited as the 'International
    Development and Food Assistance Act of 1978'."
      Pub. L. 95-384, Sec. 1, Sept. 26, 1978, 92 Stat. 730, provided
    that: "This Act [enacting sections 2348 to 2348c, 2373, 2417,
    2428b, and 2766 of this title, amending sections 1754, 2261, 2291,
    2291a, 2304, 2312, 2321b, 2321h to 2321j, 2346 to 2346c, 2347a,
    2347b, 2360, 2372, 2413, 2429, 2429a, 2751, 2761, 2762, 2765, 2771,
    and 2776 of this title and section 2403 of Title 50, Appendix, War
    and National Defense, repealing sections 2441 to 2443 of this
    title, and enacting provisions set out as notes under this section
    and sections 287c, 1754, 2291, 2311, 2346, 2346a, 2370, and 2751 of
    this title] may be cited as the 'International Security Assistance
    Act of 1978'."
      Pub. L. 95-268, Sec. 1, Apr. 24, 1978, 92 Stat. 213, provided
    that: "This Act [enacting section 2200 of this title and amending
    sections 2191, 2194, 2195, 2197, 2199, and 2200a of this title] may
    be cited as the 'Overseas Private Investment Corporation Amendments
    Act of 1978'."

                      SHORT TITLE OF 1977 AMENDMENTS                  
      Pub. L. 95-92, Sec. 1, Aug. 4, 1977, 91 Stat. 614, provided that:
    "This Act [enacting sections 2294, 2346b, 2372, and 2429a of this
    title, amending sections 2261, 2291a, 2312, 2321h to 2321j, 2346,
    2346a, 2347a, 2370, 2391, 2429, 2443, 2753, 2771, 2778, and 2792 of
    this title, and enacting provisions set out as notes under this
    section and sections 2346, 2370, 2406, 2431, and 2751 of this
    title] may be cited as the 'International Security Assistance Act
    of 1977'."
      Section 1 of Pub. L. 95-88 provided that: "This Act [enacting
    sections 2151o to 2151s, 2292k, and 2429b of this title and
    sections 1712, 1713, 1714, and 1727 to 1727f of Title 7,
    Agriculture, amending this section and sections 2151a, 2151b,
    2151c, 2151d, 2151g, 2151h, 2151i, 2151k, 2151l, 2151m, 2151n,
    2174, 2181, 2182, 2182a, 2183, 2222, 2225, 2292a, 2292h, 2357,
    2370, 2384, 2385, 2386, 2399c, 2421, and 2427 of this title,
    section 5315 of Title 5, Government Organization and Employees, and
    sections 1427, 1431, 1692, 1702, 1703, 1706, 1711, 1721, 1722,
    1723, 1726, 1731, and 1736b of Title 7, repealing section 2424 of
    this title, and enacting provisions set out as notes under this
    section and sections 2151b, 2151i, 2174, 2357, and 2384 of this
    title and sections 1702, 1708, and 1722 of Title 7] may be cited as
    the 'International Development and Food Assistance Act of 1977'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-329, Sec. 1, June 30, 1976, 90 Stat. 729, provided:
    "That this Act [enacting sections 2292h, 2292i, 2321j, 2347, 2347a,
    2347b, 2371, 2394a, 2428, 2429, 2755, 2765, 2778, and 2779 of this
    title, amending sections 2183, 2222, 2261, 2291, 2291a, 2292f,
    2304, 2312, 2314, 2318, 2321b, 2321h, 2321i, 2346a, 2370, 2382,
    2383, 2384, 2386, 2392, 2394, 2396, 2403, 2415, 2416, 2417, 2441,
    2443, 2751, 2751 note, 2752, 2753, 2761, 2762, 2763, 2771, 2776,
    2791, 2792, and 2794 of this title, repealing sections 2321a, 2415
    note, 2431, 2431 notes, 2432, 2432 note, 2433, 2433 note, 2434, and
    2435, and enacting provisions set out as notes under this section
    and sections 2291, 2292, 2314, 2321a, 2321b, 2347, 2352, 2370,
    2428, 2431, 2441, 2751, 2753, 2763, 2776, and 2778 of this title]
    may be cited as the 'International Security Assistance and Arms
    Export Control Act of 1976'."

                       SHORT TITLE OF 1975 AMENDMENT                   
      Section 1 of Pub. L. 94-161 provided: "That this Act
    [redesignating as sections 2292c to 2292e former sections 2262,
    2399-1a, and 2399-1b of this title, enacting sections 2151a-1,
    2151d, 2151e, 2151n, 2220a to 2220e, 2292 to 2292b, 2292f, and 2425
    to 2427 of this title and sections 1691a, 1711, 1726, and 1736f of
    Title 7, Agriculture, amending this section and sections 2151a,
    2151b, 2151c, 2151h, 2151i, 2151k, 2169, 2174, 2181 to 2183, 2221,
    2222, 2225, 2293, 2357 and 2421 of this title and sections 1691,
    1703, 1706, 1709, 1721, 1736, 1736a, and 1736b of Title 7,
    repealing sections 2151d, 2151e, 2201, 2292, and 2399 of this
    title, and enacting provisions set out as a note under section
    2220a of this title and as a note under section 1691a of Title 7]
    may be cited as the 'International Development and Food Assistance
    Act of 1975'."

                      SHORT TITLE OF 1974 AMENDMENTS                  
      Pub. L. 93-559, Sec. 1, Dec. 30, 1974, 88 Stat. 1795, provided:
    "That this Act [enacting sections 2151m, 2175a, 2182a, 2225, 2293,
    2304, 2321h, 2321i, 2419 to 2424, 2435, and 2441 to 2443 of this
    title, amending sections 278, 2151a to 2151c, 2163, 2181, 2183,
    2219a, 2222, 2261, 2312, 2318, 2321b, 2321f, 2346a, 2360, 2364,
    2370, 2394, 2399, 2413, 2415, 2416, 2753, 2763, 2764, 2771, 2773,
    2775, and 2776 of this title, repealing sections 2151j and 2200 of
    this title, enacting provisions set out as notes under sections
    2166, 2175, 2311, 2370, 2399, 2406, 2415, 2431 to 2433, 2551, and
    2764 of this title, and repealing provisions set out as a note
    under this section] may be cited as the 'Foreign Assistance Act of
    1974'."
      Pub. L. 93-390, Sec. 1, Aug. 27, 1974, 88 Stat. 763, provided:
    "That this Act [amending sections 2191, 2194, 2195, 2197, 2199,
    2200 and 2200a of this title] may be cited as the 'Overseas Private
    Investment Corporation Amendments Act of 1974'."
      Pub. L. 93-333, Sec. 1, July 8, 1974, 88 Stat. 290, provided:
    "That this Act [enacting section 2292c of this title, amending
    section 2292d of this title, and enacting provisions set out as
    notes under this section and section 2395 of this title] may be
    cited as the 'Foreign Disaster Assistance Act of 1974'."

                       SHORT TITLE OF 1973 AMENDMENT                   
      Section 1 of Pub. L. 93-189 provided: "That this Act [enacting
    sections 2151a to 2151l, 2303, 2399-1a, 2399-1b, 2399c, 2399d, 2431
    to 2434 and 2794 of this title, amending this section and sections
    285n, 1934, 2163, 2171, 2174, 2181, 2183, 2195, 2199, 2200, 2212,
    2219a, 2221, 2222, 2261, 2291, 2291a, 2311, 2312, 2314, 2318,
    2321b, 2321f, 2346a, 2367, 2370, 2385, 2394, and section 2397 of
    this title, repealing sections 2314a, 2319 to 2321, 2321e, 2321g,
    and 2346a, of this title, and enacting provisions set out as notes
    under this section and sections 1942, 2163, 2220, 2415, and 2431 of
    this title] may be cited as the 'Foreign Assistance Act of 1973'."

                       SHORT TITLE OF 1972 AMENDMENT                   
      Pub. L. 92-226, Sec. 1, Feb. 7, 1972, 86 Stat. 20, provided:
    "That this Act [enacting sections 2180a, 2291, 2292, 2321d to
    2321g, 2346 to 2346b, and 2413 to 2418 of this title, amending
    sections 276, 290f, 1476, 1928b, 2162, 2163, 2169, 2172, 2174,
    2181, 2183, 2198, 2199, 2200, 2212, 2219a, 2222, 2261, 2312, 2314,
    2318, 2319, 2321b, 2370, 2384, 2394, 2397, 2403, 2411, 2684, 2771,
    2773, and 2791 of this title and section 5314 of Title 5,
    Government Organization and Employees, repealing sections 2165 and
    2241 to 2243 of this title, and enacting provisions set out as
    notes under this section and sections 287e, 2411, 2417, and 2680 of
    this title] may be cited as the 'Foreign Assistance Act of 1971'."

                       SHORT TITLE OF 1971 AMENDMENT                   
      Pub. L. 91-652, Sec. 1, Jan. 5, 1971, 84 Stat. 1942, provided:
    "That this Act [enacting section 2411 of this title, amending
    sections 2261 and 2242 of this title, and enacting provisions set
    out as notes under sections 2261, 2302, and 2411 of this title] may
    be cited as the 'Special Foreign Assistance Act of 1971'."

                       SHORT TITLE OF 1969 AMENDMENT                   
      Pub. L. 91-175, Sec. 1, Dec. 30, 1969, 83 Stat. 805, provided
    that: "This Act [enacting sections 290f, 2179, 2180, 2194 to 2200a
    and 2321a of this title, amending sections 2162, 2163, 2172, 2174,
    2181 to 2183, 2191 to 2193, 2212, 2219a, 2221, 2222, 2242, 2261,
    2312, 2318, 2360, 2362, 2370, 2384, 2394, 2396, 2397 and 2402 of
    this title, section 846 of former Title 31, Money and Finance, and
    sections 3343, 3581, 3582 and 5314 to 5316 of Title 5, Government
    Organization and Employees, and enacting provision set out as a
    note under this section], may be cited as the 'Foreign Assistance
    Act of 1969'."

                       SHORT TITLE OF 1968 AMENDMENT                   
      Pub. L. 90-554, Sec. 1, Oct. 8, 1968, 82 Stat. 960, provided:
    "That this Act [enacting sections 2381a, 2399b, and 2410 of this
    title and section 617 of Title 16, Conservation, amending sections
    2161, 2162, 2171, 2172, 2174, 2181, 2184, 2212, 2218, 2219a, 2222,
    2242, 2261, 2312, 2318-2320, 2354, 2357, 2370, 2381, 2385, 2396,
    and 2397 of this title, and enacting provisions set out as a note
    under this section] may be cited as the 'Foreign Assistance Act of
    1968'."

                       SHORT TITLE OF 1967 AMENDMENT                   
      Section 1 of Pub. L. 90-137 provided: "That this Act [enacting
    sections 2167 to 2169, 2178, 2219, 2219a, 2220, 2224, 2243, 2302,
    2341 to 2345, and 2409 of this title, amending this section and
    sections 276, 276c-1, 1928b to 1928d, 1934, 2161, 2162, 2165, 2171,
    2172, 2174, 2181 to 2184, 2192, 2211, 2212, 2218, 2221, 2222, 2241,
    2242, 2261, 2271, 2301, 2302, 2311, 2312, 2314, 2318 to 2321, 2341
    to 2345, 2351, 2358, 2360, 2361, 2364, 2384 to 2386, 2389, 2392,
    2394 to 2397, 2399a, and 2403 of this title, repealing sections
    2217b and 2317(a) of this title, and enacting provision set out as
    a note under section 2395 of this title] may be cited as the
    'Foreign Assistance Act of 1967'."

                       SHORT TITLE OF 1966 AMENDMENT                   
      Section 1 of Pub. L. 89-583 provided: "That this Act [enacting
    sections 2217 to 2217b, 2218, 2281, and 2322 of this title and
    amending this section and sections 2161, 2162, 2165, 2171, 2172,
    2174, 2181, 2182, 2184, 2211, 2212, 2221, 2222, 2241, 2242, 2261,
    2312, 2314, 2316, 2318, 2320, 2351, 2354, 2358, 2360, 2362, 2364,
    2370, 2382, 2384, 2394, 2395, and 2397 of this title] may be cited
    as the 'Foreign Assistance Act of 1966'."

                       SHORT TITLE OF 1965 AMENDMENT                   
      Section 1 of Pub. L. 89-171 provided: "That this Act [enacting
    sections 2166, 2399, 2399a and 2408 of this title, and amending
    this section and sections 2165, 2172, 2174, 2181 to 2184, 2212,
    2221, 2222, 2242, 2261, 2311 to 2313, 2315 to 2320, 2355, 2362,
    2363, 2370, 2382, 2384 to 2386, 2390, 2391, 2395 to 2398, 2403, and
    2404 of this title, section 1707 of Title 7, Agriculture, and
    provisions set out as a note under this section] may be cited as
    the 'Foreign Assistance Act of 1965'."

                       SHORT TITLE OF 1964 AMENDMENT                   
      Pub. L. 88-633, Sec. 1, Oct. 7, 1964, 78 Stat. 1009, provided:
    "That this Act [enacting sections 2177, 2321, and 2407 of this
    title, amending sections 276, 1754, 2161, 2172, 2174, 2176, 2181,
    2184, 2192, 2212, 2222, 2242, 2261, 2311, 2312, 2315, 2317, 2318,
    2320, 2351, 2362, 2370, 2385, 2386, and 2397 of this title, and
    enacting provisions set out as a note under this section] may be
    cited as the 'Foreign Assistance Act of 1964'."

                       SHORT TITLE OF 1963 AMENDMENT                   
      Section 1 of Pub. L. 88-205 provided that: "This Act [enacting
    sections 816, 1138a, 2216, 2320, 2398, and 2684 of this title,
    amending sections 961, 1136, 1139, 1251, 1928a, 1943, 2161, 2162,
    2172, 2174, 2181, 2182, 2184, 2201, 2211 to 2213, 2222, 2242, 2261,
    2312, 2313, 2318, 2319, 2351, 2361, 2362, 2370, 2381, 2384, 2386,
    2391, 2395 to 2397, 2403, and 2404 of this title, sections 1701,
    1705, 1706, and 1722 of Title 7, Agriculture, and section 1861 of
    Title 19, Customs Duties, enacting provisions set out as notes
    under this section and section 1942 of this title, and section 1706
    of Title 7, and repealing provisions set out as notes under this
    section and section 2301 of this title], may be cited as the
    'Foreign Assistance Act of 1963'."

                       SHORT TITLE OF 1962 AMENDMENT                   
      Section 1 of Pub. L. 87-565 provided: "That this Act [enacting
    sections 2211 to 2213 of this title, amending this section and
    sections 276, 2161, 2171, 2172, 2181, 2182, 2184, 2192, 2222, 2242,
    2261, 2271, 2314, 2315, 2318, 2360, 2361, 2368, 2370, 2381, 2384,
    2385, 2389, 2394, 2395, 2397, 2402 to 2404, 2452, and 2669 of this
    title, repealing section 2173 of this title, enacting provisions
    set out as a note under section 2452 of this title, and repealing
    Part IV of the Foreign Assistance Act of 1961] may be cited as the
    'Foreign Assistance Act of 1962'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 87-195, as added by Pub. L. 87-329, title I,
    Sec. 111, Sept. 30, 1961, 75 Stat. 719, provided: "That this Act
    [enacting this chapter and sections 1613d and 1945 of this title,
    amending sections 276, 279a, 1041, 1112, 1136, 1148, 1157, 1754,
    1783, 1925, 1951 and 1964 of this title, section 1704 of Title 7,
    Agriculture, and sections 1651 and 1701 of Title 42, The Public
    Health and Welfare, enacting provisions set out as notes under this
    section and sections 276, 1613d, and 1925 of this title, and
    repealing sections 1750, 1750a, 1750b to 1753a, 1755 to 1759, 1760,
    1761 to 1765, 1766a to 1766c, 1767a, 1768, 1781, 1782, 1784 to
    1795, 1797, 1811, 1812 to 1817, 1841, 1851, 1852, 1854, 1870, 1871
    to 1876, 1891 to 1896, 1897, 1920, 1921, 1923, 1924, 1926, 1927,
    1929, 1931, 1933, 1935, 1936, 1939 to 1940a, 1941, 2051 to 2053,
    2071 and 2072 of this title, Reorganization Plan No. 7 of 1953, and
    provisions set out as notes under sections 1753, 1783, 1922, 1928b,
    1939 and 1951 of this title] may be cited as 'The Foreign
    Assistance Act of 1961'."
      Section 101 of Pub. L. 87-195 which provided that this subchapter
    should be cited as the "Act for International Development of 1961"
    was repealed by section 101(b) of Pub. L. 88-205.
      Pub. L. 87-195, pt. V, Sec. 801, as added by Pub. L. 105-214,
    Sec. 1, July 29, 1998, 112 Stat. 885, provided that: "This part
    [part V (Secs. 801-813) of Pub. L. 87-195, enacting subchapter IV
    of this chapter] may be cited as the 'Tropical Forest Conservation
    Act of 1998'."

                                  REPEALS                              
      Section 642 of Pub. L. 87-195, as amended by Pub. L. 89-171, pt.
    III, Sec. 303(a), Sept. 6, 1965, 79 Stat. 661, provided that:
      "(a) There are hereby repealed - 
        "(1) Reorganization Plan Numbered 7 of 1953 [formerly set out
      as a note under section 1785 of this title].
        "(2) the Mutual Security Act of 1954, as amended [section 1750
      et seq. of this title] (except sections 402, 405(a), 405(c),
      405(d), 408, 414, 417, 451(c), 502(a), 502(b), 514, 523(d), and
      536 [sections 1922, 1925(a), 1925(c), 1925(d), 1928, 1934, 1937,
      1951(c), 1754(a), (b), 1766, 1783(d) and 1796 of this title]);
        "(3) section 12 of the Mutual Security Act of 1955 [formerly
      set out as a note under section 1811 of this title];
        "(4) sections 12, 13, and 14 of the Mutual Security Act of 1956
      [section 1870 of this title and notes formerly set out under
      sections 1753 and 1939 of this title];
        "(5) section 503 of the Mutual Security Act of 1958 [section
      1750a of this title];
        "(6) section 108 of the Mutual Security Appropriation Act, 1959
      [formerly set out as a note under section 1922 of this title];
        "(7) section 501(a), chapter VI, and sections 702 and 703 of
      the Mutual Security Act of 1959, as amended [sections 1941, and
      2051 to 2053 of this title and notes formerly set out under
      sections 1928b and 1951 of this title]; and
        "(8) section 604 and chapter VII of the Mutual Security Act of
      1960 [sections 2071 and 2072 of this title and note formerly set
      out under section 1783 of this title].
      "(b) References in law to the Acts, or provisions of such Acts,
    repealed by subsection (a) of this section shall hereafter be
    deemed to be references to this Act [see Short Title note for the
    Foreign Assistance Act of 1961 above] or appropriate provisions of
    this Act.
      "(c) The repeal of the Acts listed in subsection (a) of this
    section shall not be deemed to affect amendments contained in such
    Acts to Acts not named in that subsection."


-TRANS-
     UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT DEEMED AGENCY
          PRIMARILY RESPONSIBLE FOR ADMINISTERING THIS SUBCHAPTER
      Any reference in this chapter to the agency primarily responsible
    for administering this subchapter, or to the Administrator of such
    agency, deemed reference to the United States Agency for
    International Development or to the Administrator of that agency,
    as appropriate, see section 1-200(a) of Ex. Ord. No. 12163, Sept.
    29, 1979, 44 F.R. 56673, as amended, set out as a note under
    section 2381 of this title.


-MISC2-
     DEMOCRATIC REPUBLIC OF THE CONGO RELIEF, SECURITY, AND DEMOCRACY
                                 PROMOTION
      Pub. L. 109-456, Dec. 22, 2006, 120 Stat. 3384, provided that:

      "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  1/4  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) Funding for Fiscal Years 2006 and 2007. - Of the amounts
    made available to carry out the Foreign Assistance Act of 1961 (22
    U.S.C. 2151 et seq.), the Agricultural Trade Development and
    Assistance Act of 1954 [7 U.S.C. 1691 et seq.] (68 Stat. 454,
    chapter 469), and the Arms Export Control Act (22 U.S.C. 2751 et
    seq.) for fiscal year 2006 and 2007, at least $52,000,000 for each
    such fiscal year should be allocated for bilateral assistance
    programs in the Democratic Republic of the Congo.
      "(b) Future Year Funding. - It is the sense of Congress that the
    Department of State should submit budget requests in fiscal years
    2008 and 2009 that contain increases in bilateral assistance for
    the Democratic Republic of the Congo that are appropriate if
    progress is being made, particularly cooperation by the Government
    of the Democratic Republic of the Congo, toward accomplishing the
    policy objectives described in section 102.
      "(c) Coordination With Other Donor Nations. - The United States
    should work with other donor nations, on a bilateral and
    multilateral basis, to increase international contributions to the
    Democratic Republic of the Congo and accomplish the policy
    objectives described in section 102.

      "SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF THE DEMOCRATIC
        REPUBLIC OF THE CONGO.
      "(a) Sense of Congress. - It is the sense of Congress that - 
        "(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) Termination of Assistance. - It is the sense of Congress
    that the Secretary of State should withhold assistance otherwise
    available under this Act if the Secretary determines that the
    Government of the Democratic Republic of the Congo is not making
    sufficient progress towards accomplishing the policy objectives
    described in section 102.

      "SEC. 105. WITHHOLDING OF ASSISTANCE.
      "The Secretary of State is authorized to withhold assistance made
    available under the Foreign Assistance Act of 1961 (22 U.S.C. 2151
    et seq.), other than humanitarian, peacekeeping, and
    counterterrorism assistance, for a foreign country if the Secretary
    determines that the government of the foreign country is taking
    actions to destabilize the Democratic Republic of the Congo.

      "SEC. 106. REPORT ON PROGRESS TOWARD ACCOMPLISHING POLICY
        OBJECTIVES.
      "(a) Report Required. - Not later than one year after the date of
    the enactment of this Act [Dec. 22, 2006], the Comptroller General
    of the United States shall submit to Congress a report on the
    progress made toward accomplishing the policy objectives described
    in section 102.
      "(b) Contents. - The report required under subsection (a) shall
    include - 
        "(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) In General. - The President should instruct the United
    States permanent representative or executive director, as the case
    may be, to the United Nations voluntary agencies, including the
    World Food Program, the United Nations Development Program, and the
    United Nations High Commissioner for Refugees, and other
    appropriate international organizations to use the voice and vote
    of the United States to support additional humanitarian and
    development assistance for the Democratic Republic of the Congo in
    order to accomplish the policy objectives described in section 102.
      "(b) Support Contingent on Progress. - If the Secretary of State
    determines that the Government of the Democratic Republic of the
    Congo is not making sufficient progress towards accomplishing the
    policy objectives described in section 102, the President shall
    consider withdrawing United States support for the assistance
    described in subsection (a) when future funding decisions are
    considered."

                      PROMOTION OF DEMOCRACY FOR IRAN                  
      Pub. L. 109-293, title III, Sept. 30, 2006, 120 Stat. 1347,
    provided that:

      "SEC. 301. DECLARATION OF POLICY.
      "(a) In General. - Congress declares that it should be the policy
    of the United States - 
        "(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) Rule of Construction. - Nothing in this Act [amending
    section 5318A of Title 31, Money and Finance, and enacting and
    amending provisions set out as notes under section 1701 of Title
    50, War and National Defense] shall be construed as authorizing the
    use of force against Iran.

      "SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
      "(a) Authorization. - 
        "(1) In general. - Notwithstanding any other provision of law,
      the President is authorized to provide financial and political
      assistance (including the award of grants) to foreign and
      domestic individuals, organizations, and entities working for the
      purpose of supporting and promoting democracy for Iran. Such
      assistance may include the award of grants to eligible
      independent pro-democracy radio and television broadcasting
      organizations that broadcast into Iran.
        "(2) Limitation on assistance. - In accordance with the rule of
      construction described in subsection (b) of section 301, none of
      the funds authorized under this section shall be used to support
      the use of force against Iran.
      "(b) Eligibility for Assistance. - Financial and political
    assistance under this section should be provided only to an
    individual, organization, or entity that - 
        "(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 (8 U.S.C.
      1189) at any time during the preceding four years;
        "(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) Funding. - The President may provide assistance under this
    section using - 
        "(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) Notification. - Not later than 15 days before each
    obligation of assistance under this section, and in accordance with
    the procedures under section 634A of the Foreign Assistance Act of
    1961 (22 U.S.C. 2394-l), the President shall notify 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.
      "(e) Sense of Congress Regarding Diplomatic Assistance. - It is
    the sense of Congress that - 
        "(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) Duration. - The authority to provide assistance under this
    section shall expire on December 31, 2011.
      "(g) Authorization of Appropriations. - There is authorized to be
    appropriated to the Secretary of State such sums as may be
    necessary to carry out this section."

         SYRIA ACCOUNTABILITY AND LEBANESE SOVEREIGNTY RESTORATION     
      Pub. L. 108-175, Dec. 12, 2003, 117 Stat. 2482, provided that:

      "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 (50 U.S.C. App.
      2405(j)(1)) and other relevant provisions of law.
        "(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 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) Penalties. - Until the President makes the determination
    that Syria meets all the requirements described in paragraphs (1)
    through (4) of subsection (d) and certifies such determination to
    Congress in accordance with such subsection - 
        "(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) Waiver. - The President may waive the application of
    subsection (a)(1), (a)(2), or both if the President determines that
    it is in the national security interest of the United States to do
    so and submits to the appropriate congressional committees a report
    containing the reasons for the determination.
      "(c) Authority To Provide Assistance To Syria. - If the President
    - 
        "(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 chapter 1 of part I of the Foreign Assistance Act of 1961 [22
    U.S.C. 2151 et seq.] (relating to development assistance).
      "(d) Certification. - A certification under this subsection is a
    certification transmitted to the appropriate congressional
    committees of a determination made by the President that - 
        "(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) Report. - Not later than 6 months after the date of the
    enactment of this Act [Dec. 12, 2003], and every 12 months
    thereafter until the conditions described in paragraphs (1) through
    (4) of section 5(d) are satisfied, the Secretary of State shall
    submit to the appropriate congressional committees a report on - 
        "(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) Form. - The report submitted under subsection (a) shall be
    in unclassified form but may include a classified annex.

      "SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
      "In this Act, 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."
      [For delegation of functions of President under section 5(b) of
    Pub. L. 108-175, set out above, see section 9 of Ex. Ord. No.
    13338, May 11, 2004, 69 F.R. 26751, listed in a table under section
    1701 of Title 50, War and National Defense.]

                    IRAQ RELIEF AND RECONSTRUCTION FUND                
      Pub. L. 109-234, title I, Sec. 1302(a), June 15, 2006, 120 Stat.
    435, provided in part: "That notwithstanding section 2207(d) of
    Public Law 108-106 [set out below], requirements of section 2207 of
    Public Law 108-106 shall expire on October 1, 2008."
      Pub. L. 108-106, title II, Secs. 2207, 2208, Nov. 6, 2003, 117
    Stat. 1231, as amended by section 574(a) of H.R. 4818, One Hundred
    Eighth Congress, as passed by the House of Representatives on July
    15, 2004, and as enacted into law by Pub. L. 108-309, Sec. 135,
    Sept. 30, 2004, 118 Stat. 1143, provided that:
      "Sec. 2207. (a) The Secretary of State shall submit to the
    Committees on Appropriations not later than January 5, 2004 and
    prior to the initial obligation of funds appropriated by this Act
    under the heading 'Iraq Relief and Reconstruction Fund' [117 Stat.
    1225] a report on the proposed uses of all funds under this heading
    on a project-by-project basis, for which the obligation of funds is
    anticipated during the 3 month period from such date, including
    estimates by the CPA of the costs required to complete each such
    project: Provided, That up to 20 percent of funds appropriated
    under such heading may be obligated before the submission of the
    report: Provided further, That in addition such report shall
    include the following:
        "(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.
      "Sec. 2208. Any reference in this chapter [chapter 2 of title II
    of Pub. L. 108-106, enacting section 7554 of this title, amending
    sections 7518 and 7532 of this title, and enacting this note and
    section 2215(a) of Pub. L. 108-106, set out as a note below] to the
    'Coalition Provisional Authority in Iraq' or the 'Coalition
    Provisional Authority' shall be deemed to include any successor
    United States Government entity with the same or substantially the
    same authorities and responsibilities as the Coalition Provisional
    Authority in Iraq."

               REPORTS ON IRAQI OIL PRODUCTION AND REVENUES           
      Pub. L. 108-106, title II, Sec. 2215(a), Nov. 6, 2003, 117 Stat.
    1232, provided that:
      "(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
      Pub. L. 108-11, title I, Sec. 1506, Apr. 16, 2003, 117 Stat. 580,
    provided that:
      "(a) Initial Report. - Not later than 45 days after the date of
    enactment of this Act [Apr. 16, 2003], the President shall submit
    to the Committees on Appropriations a report on the United States
    strategy regarding activities related to post-conflict security,
    humanitarian assistance, governance, and reconstruction in Iraq
    that are undertaken as a result of Operation Iraqi Freedom. The
    report shall include the following:
        "(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) Subsequent Reports. - Not later than 90 days after the date
    of enactment of this Act [Apr. 16, 2003], and every 90 days
    thereafter until September 30, 2004, the President shall submit to
    the Committees on Appropriations a report that contains:
        "(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   
      Pub. L. 108-7, div. E, title V, Sec. 582, Feb. 20, 2003, 117
    Stat. 214, provided that:
      "(a) Authority. - Funds made available to carry out the
    provisions of chapter 1 of part I [22 U.S.C. 2151 et seq.] and
    chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign
    Assistance Act of 1961, may be used, notwithstanding section 660 of
    that Act [22 U.S.C. 2420], to enhance the effectiveness and
    accountability of civilian police authority in Jamaica and El
    Salvador through training and technical assistance in human rights,
    the rule of law, strategic planning, and through assistance to
    foster civilian police roles that support democratic governance
    including assistance for programs to prevent conflict and foster
    improved police relations with the communities they serve.
      "(b) Report. - 
        "(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 Public Law 107-
      115 [see Similar Provisions note below].
      "(c) Notification. - Assistance provided under subsection (a)
    shall be subject to the regular notification procedures of the
    Committees on Appropriations."
      Provisions similar to section 582(a), (c) of div. E of Pub. L.
    108-7 were contained in the following appropriation acts:
      Pub. L. 109-102, title V, Sec. 564, Nov. 14, 2005, 119 Stat.
    2225.
      Pub. L. 108-447, div. D, title V, Sec. 564, Dec. 8, 2004, 118
    Stat. 3022.
      Pub. L. 108-199, div. D, title V, Sec. 573, Jan. 23, 2004, 118
    Stat. 199.
      Pub. L. 107-115, title V, Sec. 587, Jan. 10, 2002, 115 Stat.
    2173.

                          ASSISTANCE FOR ZIMBABWE                      
      Pub. L. 109-102, title V, Sec. 572, Nov. 14, 2005, 119 Stat.
    2229, provided that: "The Secretary of the Treasury shall instruct
    the United States executive director to each international
    financial institution to vote against any extension by the
    respective institution of any loans to the Government of Zimbabwe,
    except to meet basic human needs or to promote democracy, unless
    the Secretary of State determines and certifies to the Committees
    on Appropriations that the rule of law has been restored in
    Zimbabwe, including respect for ownership and title to property,
    freedom of speech and association."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. D, title V, Sec. 580, Dec. 8, 2004, 118
    Stat. 3030.
      Pub. L. 108-199, div. D, title V, Sec. 557, Jan. 23, 2004, 118
    Stat. 190.
      Pub. L. 108-7, div. E, title V, Sec. 556, Feb. 20, 2003, 117
    Stat. 202.
      Pub. L. 107-115, title V, Sec. 560, Jan. 10, 2002, 115 Stat.
    2162.
      Pub. L. 107-99, Dec. 21, 2001, 115 Stat. 962, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Zimbabwe Democracy and Economic
    Recovery Act of 2001'.

      "SEC. 2. STATEMENT OF POLICY.
      "It is the policy of the United States to support the people of
    Zimbabwe in their struggle to effect peaceful, democratic change,
    achieve broad-based and equitable economic growth, and restore the
    rule of law.

      "SEC. 3. DEFINITIONS.
      "In this Act:
        "(1) International financial institutions. - The term
      'international financial institutions' means the multilateral
      development banks and the International Monetary Fund.
        "(2) Multilateral development banks. - The term 'multilateral
      development banks' means the International Bank for
      Reconstruction and Development, the International Development
      Association, the International Finance Corporation, the Inter-
      American Development Bank, the Asian Development Bank, the Inter-
      American Investment Corporation, the African Development Bank,
      the African Development Fund, the European Bank for
      Reconstruction and Development, and the Multilateral Investment
      Guaranty Agency.

      "SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
      "(a) Findings. - Congress makes the following findings:
        "(1) Through economic mismanagement, undemocratic practices,
      and the costly deployment of troops to the Democratic Republic of
      the Congo, the Government of Zimbabwe has rendered itself
      ineligible to participate in International Bank for
      Reconstruction and Development and International Monetary Fund
      programs, which would otherwise be providing substantial
      resources to assist in the recovery and modernization of
      Zimbabwe's economy. The people of Zimbabwe have thus been denied
      the economic and democratic benefits envisioned by the donors to
      such programs, including the United States.
        "(2) In September 1999 the IMF suspended its support under a
      'Stand By Arrangement', approved the previous month, for economic
      adjustment and reform in Zimbabwe.
        "(3) In October 1999, the International Development Association
      (in this section referred to as the 'IDA') suspended all
      structural adjustment loans, credits, and guarantees to the
      Government of Zimbabwe.
        "(4) In May 2000, the IDA suspended all other new lending to
      the Government of Zimbabwe.
        "(5) In September 2000, the IDA suspended disbursement of funds
      for ongoing projects under previously-approved loans, credits,
      and guarantees to the Government of Zimbabwe.
      "(b) Support for Democratic Transition and Economic Recovery. - 
        "(1) Bilateral debt relief. - Upon receipt by the appropriate
      congressional committees of a certification described in
      subsection (d), the Secretary of the Treasury shall undertake a
      review of the feasibility of restructuring, rescheduling, or
      eliminating the sovereign debt of Zimbabwe held by any agency of
      the United States Government.
        "(2) Multilateral debt relief and other financial assistance. -
      It is the sense of Congress that, upon receipt by the appropriate
      congressional committees of a certification described in
      subsection (d), the Secretary of the Treasury should - 
          "(A) direct the United States executive director of each
        multilateral development bank to propose that the bank should
        undertake a review of the feasibility of restructuring,
        rescheduling, or eliminating the sovereign debt of Zimbabwe
        held by that bank; and
          "(B) direct the United States executive director of each
        international financial institution to which the United States
        is a member to propose to undertake financial and technical
        support for Zimbabwe, especially support that is intended to
        promote Zimbabwe's economic recovery and development, the
        stabilization of the Zimbabwean dollar, and the viability of
        Zimbabwe's democratic institutions.
      "(c) Multilateral Financing Restriction. - Until the President
    makes the certification described in subsection (d), and except as
    may be required to meet basic human needs or for good governance,
    the Secretary of the Treasury shall instruct the United States
    executive director to each international financial institution to
    oppose and vote against - 
        "(1) any extension by the respective institution of any loan,
      credit, or guarantee to the Government of Zimbabwe; or
        "(2) any cancellation or reduction of indebtedness owed by the
      Government of Zimbabwe to the United States or any international
      financial institution.
      "(d) Presidential Certification That Certain Conditions Are
    Satisfied. - A certification under this subsection is a
    certification transmitted to the appropriate congressional
    committees of a determination made by the President that the
    following conditions are satisfied:
        "(1) Restoration of the rule of law. - The rule of law has been
      restored in Zimbabwe, including respect for ownership and title
      to property, freedom of speech and association, and an end to the
      lawlessness, violence, and intimidation sponsored, condoned, or
      tolerated by the Government of Zimbabwe, the ruling party, and
      their supporters or entities.
        "(2) Election or pre-election conditions. - Either of the
      following two conditions is satisfied:
          "(A) Presidential election. - Zimbabwe has held a
        presidential election that is widely accepted as free and fair
        by independent international monitors, and the president-elect
        is free to assume the duties of the office.
          "(B) Pre-election conditions. - In the event the
        certification is made before the presidential election takes
        place, the Government of Zimbabwe has sufficiently improved the
        pre-election environment to a degree consistent with accepted
        international standards for security and freedom of movement
        and association.
        "(3) Commitment to equitable, legal, and transparent land
      reform. - The Government of Zimbabwe has demonstrated a
      commitment to an equitable, legal, and transparent land reform
      program consistent with agreements reached at the International
      Donors' Conference on Land Reform and Resettlement in Zimbabwe
      held in Harare, Zimbabwe, in September 1998.
        "(4) Fulfillment of agreement ending war in democratic republic
      of congo. - The Government of Zimbabwe is making a good faith
      effort to fulfill the terms of the Lusaka, Zambia, agreement on
      ending the war in the Democratic Republic of Congo.
        "(5) Military and national police subordinate to civilian
      government. - The Zimbabwean Armed Forces, the National Police of
      Zimbabwe, and other state security forces are responsible to and
      serve the elected civilian government.
      "(e) Waiver. - The President may waive the provisions of
    subsection (b)(1) or subsection (c), if the President determines
    that it is in the national interest of the United States to do so.

      "SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND
        INDEPENDENT MEDIA, AND THE RULE OF LAW.
      "(a) In General. - The President is authorized to provide
    assistance under part I [22 U.S.C. 2151 et seq.] and chapter 4 of
    part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of
    1961 to - 
        "(1) support an independent and free press and electronic media
      in Zimbabwe;
        "(2) support equitable, legal, and transparent mechanisms of
      land reform in Zimbabwe, including the payment of costs related
      to the acquisition of land and the resettlement of individuals,
      consistent with the International Donors' Conference on Land
      Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in
      September 1998, or any subsequent agreement relating thereto; and
        "(3) provide for democracy and governance programs in Zimbabwe.
      "(b) Funding. - Of the funds authorized to be appropriated to
    carry out part I [22 U.S.C. 2151 et seq.] and chapter 4 of part II
    [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961 for
    fiscal year 2002 - 
        "(1) $20,000,000 is authorized to be available to provide the
      assistance described in subsection (a)(2); and
        "(2) $6,000,000 is authorized to be available to provide the
      assistance described in subsection (a)(3).
      "(c) Supersedes Other Laws. - The authority in this section
    supersedes any other provision of law.

      "SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST
        INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE
        RULE OF LAW IN ZIMBABWE.
      "It is the sense of Congress that the President should begin
    immediate consultation with the governments of European Union
    member states, Canada, and other appropriate foreign countries on
    ways in which to - 
        "(1) identify and share information regarding individuals
      responsible for the deliberate breakdown of the rule of law,
      politically motivated violence, and intimidation in Zimbabwe;
        "(2) identify assets of those individuals held outside
      Zimbabwe;
        "(3) implement travel and economic sanctions against those
      individuals and their associates and families; and
        "(4) provide for the eventual removal or amendment of those
      sanctions."

                     REPORT ON RELATIONS WITH VIETNAM                 
      Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2805, Oct.
    21, 1998, 112 Stat. 2681-846, as amended by Pub. L. 106-113, div.
    B, Sec. 1000(a)(7) [div. A, title II, Sec. 209(c)], Nov. 29, 1999,
    113 Stat. 1536, 1501A-423, provided that: "In order to provide
    Congress with the necessary information by which to evaluate the
    relationship between the United States and Vietnam, the Secretary
    of State shall submit a report to the appropriate congressional
    committees [Committee on International Relations of House of
    Representatives and Committee on Foreign Relations of Senate], not
    later than 90 days after the date of enactment of this Act [Oct.
    21, 1998] and every 180 days thereafter during the period ending
    September 30, 2001, on the extent to which - 
        "(1) the Government of the Socialist Republic of Vietnam is
      cooperating with the United States in providing the fullest
      possible accounting of all unresolved cases of prisoners of war
      (POWs) or persons missing-in-action (MIAs) through the provision
      of records and the unilateral and joint recovery and repatriation
      of American remains;
        "(2) the Government of the Socialist Republic of Vietnam has
      made progress toward the release of all political and religious
      prisoners, including Catholic, Protestant, and Buddhist clergy;
        "(3) the Government of the Socialist Republic of Vietnam is
      cooperating with requests by the United States to obtain full and
      free access to persons of humanitarian interest to the United
      States for interviews under the Orderly Departure (ODP) and
      Resettlement Opportunities for Vietnamese Refugees (ROVR)
      programs, and in providing exit visas for such persons;
        "(4) the Government of the Socialist Republic of Vietnam has
      taken vigorous action to end extortion, bribery, and other
      corrupt practices in connection with such exit visas; and
        "(5) the Government of the United States is making vigorous
      efforts to interview and resettle former reeducation camp
      victims, their immediate families including unmarried sons and
      daughters, former United States Government employees, and other
      persons eligible for the ODP program, and to give such persons
      the full benefit of all applicable United States laws including
      sections 599D and 599E of the Foreign Operations, Export
      Financing, and Related Programs Appropriations Act of 1990
      (Public Law 101-167) [8 U.S.C. 1157 note, 1255 note]."

                              IRAQ LIBERATION                          
      Pub. L. 105-338, Oct. 31, 1998, 112 Stat. 3178, as amended by
    Pub. L. 108-11, title I, Sec. 1309(b), Apr. 16, 2003, 117 Stat.
    568, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Iraq Liberation Act of 1998'.

      "SEC. 2. FINDINGS.
      "The Congress makes the following findings:
        "(1) On September 22, 1980, Iraq invaded Iran, starting an 8
      year war in which Iraq employed chemical weapons against Iranian
      troops and ballistic missiles against Iranian cities.
        "(2) In February 1988, Iraq forcibly relocated Kurdish
      civilians from their home villages in the Anfal campaign, killing
      an estimated 50,000 to 180,000 Kurds.
        "(3) On March 16, 1988, Iraq used chemical weapons against
      Iraqi Kurdish civilian opponents in the town of Halabja, killing
      an estimated 5,000 Kurds and causing numerous birth defects that
      affect the town today.
        "(4) On August 2, 1990, Iraq invaded and began a 7 month
      occupation of Kuwait, killing and committing numerous abuses
      against Kuwaiti civilians, and setting Kuwait's oil wells ablaze
      upon retreat.
        "(5) Hostilities in Operation Desert Storm ended on February
      28, 1991, and Iraq subsequently accepted the ceasefire conditions
      specified in United Nations Security Council Resolution 687
      (April 3, 1991) requiring Iraq, among other things, to disclose
      fully and permit the dismantlement of its weapons of mass
      destruction programs and submit to long-term monitoring and
      verification of such dismantlement.
        "(6) In April 1993, Iraq orchestrated a failed plot to
      assassinate former President George Bush during his April 14-16,
      1993, visit to Kuwait.
        "(7) In October 1994, Iraq moved 80,000 troops to areas near
      the border with Kuwait, posing an imminent threat of a renewed
      invasion of or attack against Kuwait.
        "(8) On August 31, 1996, Iraq suppressed many of its opponents
      by helping one Kurdish faction capture Irbil, the seat of the
      Kurdish regional government.
        "(9) Since March 1996, Iraq has systematically sought to deny
      weapons inspectors from the United Nations Special Commission on
      Iraq (UNSCOM) access to key facilities and documents, has on
      several occasions endangered the safe operation of UNSCOM
      helicopters transporting UNSCOM personnel in Iraq, and has
      persisted in a pattern of deception and concealment regarding the
      history of its weapons of mass destruction programs.
        "(10) On August 5, 1998, Iraq ceased all cooperation with
      UNSCOM, and subsequently threatened to end long-term monitoring
      activities by the International Atomic Energy Agency and UNSCOM.
        "(11) On August 14, 1998, President Clinton signed Public Law
      105-235 [112 Stat. 1538], which declared that 'the Government of
      Iraq is in material and unacceptable breach of its international
      obligations' and urged the President 'to take appropriate action,
      in accordance with the Constitution and relevant laws of the
      United States, to bring Iraq into compliance with its
      international obligations.'.
        "(12) On May 1, 1998, President Clinton signed Public Law 105-
      174 [see Tables for classification], which made $5,000,000
      available for assistance to the Iraqi democratic opposition for
      such activities as organization, training, communication and
      dissemination of information, developing and implementing
      agreements among opposition groups, compiling information to
      support the indictment of Iraqi officials for war crimes, and for
      related purposes.

      "SEC. 3. SENSE OF THE CONGRESS REGARDING UNITED STATES POLICY
        TOWARD IRAQ.
      "It should be the policy of the United States to support efforts
    to remove the regime headed by Saddam Hussein from power in Iraq
    and to promote the emergence of a democratic government to replace
    that regime.

      "SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.
      "(a) Authority To Provide Assistance. - The President may provide
    to the Iraqi democratic opposition organizations designated in
    accordance with section 5 the following assistance:
        "(1) Broadcasting assistance. - (A) Grant assistance to such
      organizations for radio and television broadcasting by such
      organizations to Iraq.
        "(B) There is authorized to be appropriated to the United
      States Information Agency $2,000,000 for fiscal year 1999 to
      carry out this paragraph.
        "(2) Military assistance. - (A) The President is authorized to
      direct the drawdown of defense articles from the stocks of the
      Department of Defense, defense services of the Department of
      Defense, and military education and training for such
      organizations.
        "(B) The aggregate value (as defined in section 644(m) of the
      Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)]) of assistance
      provided under this paragraph may not exceed $97,000,000.
        "(C) The aggregate value (as defined in section 644(m) of the
      Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)]) of assistance
      provided under this paragraph may not exceed $86,500,000 in
      fiscal year 2003.
      "(b) Humanitarian Assistance. - The Congress urges the President
    to use existing authorities under the Foreign Assistance Act of
    1961 [22 U.S.C. 2151 et seq.] to provide humanitarian assistance to
    individuals living in areas of Iraq controlled by organizations
    designated in accordance with section 5, with emphasis on
    addressing the needs of individuals who have fled to such areas
    from areas under the control of the Saddam Hussein regime.
      "(c) Restriction on Assistance. - No assistance under this
    section shall be provided to any group within an organization
    designated in accordance with section 5 which group is, at the time
    the assistance is to be provided, engaged in military cooperation
    with the Saddam Hussein regime.
      "(d) Notification Requirement. - The President shall notify the
    congressional committees specified in section 634A of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2394-1] at least 15 days in
    advance of each obligation of assistance under this section in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A.
      "(e) Reimbursement Relating to Military Assistance. - 
        "(1) In general. - Defense articles, defense services, and
      military education and training provided under subsection (a)(2)
      shall be made available without reimbursement to the Department
      of Defense except to the extent that funds are appropriated
      pursuant to paragraph (2).
        "(2) Authorization of appropriations. - There are authorized to
      be appropriated to the President for each of the fiscal years
      1998 and 1999 such sums as may be necessary to reimburse the
      applicable appropriation, fund, or account for the value (as
      defined in section 644(m) of the Foreign Assistance Act of 1961
      [22 U.S.C. 2403(m)]) of defense articles, defense services, or
      military education and training provided under subsection (a)(2).
      "(f) Availability of Funds. - (1) Amounts authorized to be
    appropriated under this section are authorized to remain available
    until expended.
      "(2) Amounts authorized to be appropriated under this section are
    in addition to amounts otherwise available for the purposes
    described in this section.
      "(g) Authority To Provide Assistance. - Activities under this
    section (including activities of the nature described in subsection
    (b)) may be undertaken notwithstanding any other provision of law.

      "SEC. 5. DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION ORGANIZATION.
      "(a) Initial Designation. - Not later than 90 days after the date
    of the enactment of this Act [Oct. 31, 1998], the President shall
    designate one or more Iraqi democratic opposition organizations
    that the President determines satisfy the criteria set forth in
    subsection (c) as eligible to receive assistance under section 4.
      "(b) Designation of Additional Organizations. - At any time
    subsequent to the initial designation pursuant to subsection (a),
    the President may designate one or more additional Iraqi democratic
    opposition organizations that the President determines satisfy the
    criteria set forth in subsection (c) as eligible to receive
    assistance under section 4.
      "(c) Criteria for Designation. - In designating an organization
    pursuant to this section, the President shall consider only
    organizations that - 
        "(1) include a broad spectrum of Iraqi individuals, groups, or
      both, opposed to the Saddam Hussein regime; and
        "(2) are committed to democratic values, to respect for human
      rights, to peaceful relations with Iraq's neighbors, to
      maintaining Iraq's territorial integrity, and to fostering
      cooperation among democratic opponents of the Saddam Hussein
      regime.
      "(d) Notification Requirement. - At least 15 days in advance of
    designating an Iraqi democratic opposition organization pursuant to
    this section, the President shall notify the congressional
    committees specified in section 634A of the Foreign Assistance Act
    of 1961 [22 U.S.C. 2394-1] of his proposed designation in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A.

      "SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.
      "Consistent with section 301 of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138
    [105 Stat. 707]), House Concurrent Resolution 137, 105th Congress
    (approved by the House of Representatives on November 13, 1997),
    and Senate Concurrent Resolution 78, 105th Congress (approved by
    the Senate on March 13, 1998), the Congress urges the President to
    call upon the United Nations to establish an international criminal
    tribunal for the purpose of indicting, prosecuting, and imprisoning
    Saddam Hussein and other Iraqi officials who are responsible for
    crimes against humanity, genocide, and other criminal violations of
    international law.

      "SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM HUSSEIN
        REGIME.
      "It is the sense of the Congress that once the Saddam Hussein
    regime is removed from power in Iraq, the United States should
    support Iraq's transition to democracy by providing immediate and
    substantial humanitarian assistance to the Iraqi people, by
    providing democracy transition assistance to Iraqi parties and
    movements with democratic goals, and by convening Iraq's foreign
    creditors to develop a multilateral response to Iraq's foreign debt
    incurred by Saddam Hussein's regime.

      "SEC. 8. RULE OF CONSTRUCTION.
      "Nothing in this Act shall be construed to authorize or otherwise
    speak to the use of United States Armed Forces (except as provided
    in section 4(a)(2)) in carrying out this Act."


-EXEC-
            DESIGNATIONS UNDER THE IRAQ LIBERATION ACT OF 1998        
      Determination of President of the United States, No. 03-05, Dec.
    7, 2002, 67 F.R. 78121, provided:
      Memorandum for the Secretary of State
      Pursuant to the authority vested in me as President of the United
    States, including under section 5 of the Iraq Liberation Act of
    1998 (Public Law 105-338) ("the Act") [set out in a note above], I
    hereby determine that each of the following groups is a democratic
    opposition organization and that each satisfies the criteria set
    forth in section 5(c) of the Act: the Assyrian Democratic Movement;
    the Iraqi Free Officers and Civilians Movement; the Iraqi National
    Front; the Iraqi National Movement; the Iraqi Turkmen Front; and
    the Islamic Accord of Iraq. I hereby designate each of these
    organizations as eligible to receive assistance under section 4 of
    the Act.
      You are authorized and directed to report this determination and
    designation to the Congress and to arrange for its publication in
    the Federal Register.
                                                         George W. Bush.

      Determination of President of the United States, No. 99-13, Feb.
    4, 1999, 64 F.R. 6781, provided:
      Memorandum for the Secretary of State
      Pursuant to the authority vested in me as President of the United
    States, including under section 5 of the Iraq Liberation Act of
    1998 (Public Law 105-338) (the "Act") [set out in a note above], I
    hereby determine that each of the following groups is a democratic
    opposition organization and that each satisfies the criteria set
    forth in section 5(c) of the Act: the Iraqi National Accord, the
    Iraqi National Congress, the Islamic Movement of Iraqi Kurdistan,
    the Kurdistan Democratic Party, the Movement for Constitutional
    Monarchy, the Patriotic Union of Kurdistan, and the Supreme Council
    for the Islamic Revolution in Iraq. I hereby designate each of
    these organizations as eligible to receive assistance under section
    4 of the Act.
      You are authorized and directed to report this determination and
    designation to the Congress and arrange for its publication in the
    Federal Register.
                                                     William J. Clinton.


-MISC3-
                         ASSISTANCE FOR MAURITANIA                     
      Pub. L. 104-319, title II, Sec. 202, Oct. 19, 1996, 110 Stat.
    3866, provided that:
      "(a) Prohibition. - The President should not provide economic
    assistance, military assistance or arms transfers to the Government
    of Mauritania unless the President certifies to the Congress that
    such Government has taken appropriate action to eliminate chattel
    slavery in Mauritania, including - 
        "(1) the enactment of anti-slavery laws that provide
      appropriate punishment for violators of such laws; and
        "(2) the rigorous enforcement of such laws.
      "(b) Definitions. - For purposes of this section, the following
    definitions apply:
        "(1) Economic assistance. - The term 'economic assistance'
      means any assistance under part I of the Foreign Assistance Act
      of 1961 (22 U.S.C. 2151 et seq.), except that such term does not
      include humanitarian assistance.
        "(2) Military assistance or arms transfers. - The term
      'military assistance or arms transfers' means - 
          "(A) assistance under chapter 2 of part II of the Foreign
        Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to
        military assistance), including the transfer of excess defense
        articles under sections 516 through 519 of that Act (22 U.S.C.
        2321j through 2321m);
          "(B) assistance under chapter 5 of part II of the Foreign
        Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
        international military education and training);
          "(C) assistance under the 'Foreign Military Financing
        Program' under section 23 of the Arms Export Control Act (22
        U.S.C. 2763); or
          "(D) the transfer of defense articles, defense services, or
        design and construction services under the Arms Export Control
        Act (22 U.S.C. 2751 et seq.), including defense articles and
        defense services licensed or approved for export under section
        38 of that Act (22 U.S.C. 2778)."

                    AUTHORITY FOR ANTICRIME ASSISTANCE                
      Pub. L. 103-447, title I, Sec. 106, Nov. 2, 1994, 108 Stat. 4694,
    provided that:
      "(a) Policy. - International criminal activities, including
    international narcotics trafficking, money laundering, smuggling,
    and corruption, endanger political and economic stability and
    democratic development, and assistance for the prevention and
    suppression of international criminal activities should be a
    priority for the United States.
      "(b) Authority. - 
        "(1) In general. - For fiscal year 1995, the President is
      authorized to furnish assistance to any country or international
      organization, on such terms and conditions as he may determine,
      for the prevention and suppression of international criminal
      activities.
        "(2) Waiver of prohibition of police training. - Section 660 of
      the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not
      apply with respect to assistance furnished under paragraph (1)."
      [Functions of President under section 106 of Pub. L. 103-447, set
    out above, delegated to Secretary of State by Memorandum of
    President of the United States, Apr. 4, 1995, 60 F.R. 19153.]

                        AFRICAN CONFLICT RESOLUTION                    
      Pub. L. 103-381, Oct. 19, 1994, 108 Stat. 3513, provided that:

      "SECTION. 1. SHORT TITLE.
      "This Act may be cited as the 'African Conflict Resolution Act'.

      "SEC. 2. FINDINGS AND STATEMENT OF POLICY.
      "(a) Findings. - The Congress makes the following findings:
        "(1) It is in the national interest of the United States to
      help build African capability in conflict resolution. A
      relatively small investment of assistance in promoting African
      conflict resolution - 
          "(A) would reduce the enormous human suffering which is
        caused by wars in Africa;
          "(B) would help the United States avoid huge future
        expenditures necessitated by Somalia-like humanitarian
        disasters; and
          "(C) would reduce the need for United Nations intervention as
        African institutions develop the ability to resolve African
        conflicts.
        "(2) Africa, to a greater extent than any other continent, is
      afflicted by war. Africa has been marred by more than 20 major
      civil wars since 1960. Rwanda, Somalia, Angola, Sudan, Liberia,
      and Burundi are among those countries that have recently suffered
      serious armed conflict.
        "(3) In the last decade alone, between 2,000,000 and 4,000,000
      Africans have died because of war. There were 5,200,000 refugees
      and 13,100,000 displaced people in Africa in 1993.
        "(4) Millions more Africans are currently at risk of war-
      related death. Looming or ongoing conflicts in Zaire, Angola,
      Sudan, Rwanda, and other countries threaten Africa's future.
        "(5) War has caused untold economic and social damage to the
      countries of Africa. Food production is impossible in conflict
      areas, and famine often results. Widespread conflict has
      condemned many of Africa's children to lives of misery and, in
      certain cases, has threatened the existence of traditional
      African cultures.
        "(6) Conflict and instability in Africa, particularly in large,
      potentially rich countries such as Angola, Sudan, and Zaire,
      deprive the global economy of resources and opportunities for
      trade and investment. Peace in these countries could make a
      significant contribution to global economic growth, while
      creating new opportunities for United States businesses.
        "(7) Excessive military expenditures threaten political and
      economic stability in Africa while diverting scarce resources
      from development needs. Demobilization and other measures to
      reduce the size of African armies, and civilian control of the
      military under the rule of law are in the interest of
      international security and economic development.
        "(8) Conflict prevention, mediation, and demobilization are
      prerequisites to the success of development assistance programs.
      Nutrition and education programs, for example, cannot succeed in
      a nation at war. Billions of dollars of development assistance
      have been virtually wasted in war-ravaged countries such as
      Liberia, Somalia, and Sudan.
        "(9) Africans have a long tradition of informal mediation. This
      tradition should be built upon to create effective institutions
      through which Africans can resolve African conflicts.
        "(10) The effectiveness of U.S. support for conflict resolution
      programs requires coordination and collaboration with
      multilateral institutions and other bilateral donors.
        "(11) African institutions are playing an active role in
      conflict resolution and mediation utilizing the experience of
      elder statesmen. Groups such as the All African Council of
      Churches have assisted in defusing conflicts. The Economic
      Community of West African States (ECOWAS) has sought to address
      the conflict in Liberia by deploying an African peacekeeping
      force. The Southern African states have been working to prevent a
      crisis in Lesotho. The Intergovernmental Authority on
      Desertification and Drought (IGADD) has been engaged in
      attempting to resolve the conflict in Sudan.
        "(12) The Organization of African Unity, under the leadership
      of Secretary General Salim Salim, has established a conflict
      resolution mechanism and has been active in mediation and
      conflict resolution in several African countries.
      "(b) United States Policy. - The Congress declares, therefore,
    that a key goal for United States foreign policy should be to help
    institutionalize conflict resolution capability in Africa.

      "SEC. 3. IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE
        ORGANIZATION OF AFRICAN UNITY.
      "(a) Authorization of Assistance. - The President is authorized
    to provide assistance to strengthen the conflict resolution
    capability of the Organization of African Unity, as follows:
        "(1) Funds may be provided to the Organization of African Unity
      for use in supporting its conflict resolution capability,
      including providing technical assistance.
        "(2) Funds may be used for expenses of sending individuals with
      expertise in conflict resolution to work with the Organization of
      African Unity.
      "(b) Funding. - Of the foreign assistance funds that are
    allocated for sub-Saharan Africa, not less than $1,500,000 for each
    of the fiscal years 1995 through 1998 should be used to carry out
    subsection (a).

      "SEC. 4. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF
        MULTILATERAL SUBREGIONAL ORGANIZATIONS IN AFRICA.
      "(a) Authorization of Assistance. - The President is authorized
    to provide assistance to strengthen the conflict resolution
    capabilities of subregional organizations established by countries
    in sub-Saharan Africa, as follows:
        "(1) Funds may be provided to such organizations for use in
      supporting their conflict resolution capability, including
      providing technical assistance.
        "(2) Funds may be used for the expenses of sending individuals
      with expertise in conflict resolution to work with such
      organizations.
      "(b) Funding. - Of the foreign assistance funds that are
    allocated for sub-Saharan Africa, such sums as may be necessary for
    each of the fiscal years 1995 through 1998 may be used to carry out
    subsection (a).

      "SEC. 5. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF NON-
        GOVERNMENTAL ORGANIZATIONS.
      "(a) Authorization of Assistance. - The President is authorized
    to provide assistance to nongovernmental organizations that are
    engaged in mediation and reconciliation efforts in sub-Saharan
    Africa.
      "(b) Funding. - Of the foreign assistance funds that are
    allocated for sub-Saharan Africa, such sums as may be necessary for
    each of the fiscal years 1995 and 1996 should be used to carry out
    subsection (a).

      "SEC. 6. AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.
      "(a) Authorization of Assistance. - In order to facilitate
    reductions in the size of the armed forces of countries of sub-
    Saharan Africa, the President is authorized to - 
        "(1) provide assistance for the encampment and related
      activities for the purpose of demobilization of such forces; and
        "(2) provide assistance for the reintegration of demobilized
      military personnel into civilian society through activities such
      as retraining for civilian occupations, creation of income-
      generating opportunities, their reintegration into agricultural
      activities, and the transportation to the home areas of such
      personnel.
      "(b) Funding. - Of the foreign assistance funds that are
    allocated for sub-Saharan Africa, $25,000,000 for each of the
    fiscal years 1995 and 1996 should be used for the assistance
    described in subsection (a), if conditions permit.
      "(c) Civilian Involvement. - The President is also authorized to
    promote civilian involvement in the planning and organization of
    demobilization and reintegration activities.

      "SEC. 7. TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND
        PEACEKEEPING.
      "(a) Authorization. - The President is authorized to establish a
    program to provide education and training in conflict resolution
    and peacekeeping for civilian and military personnel of countries
    in sub-Saharan Africa.
      "(b) Funding. - Of the funds made available under chapter 5 of
    part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2347 et
    seq.], such sums as may be necessary for each of the fiscal years
    1995 and 1996 should be used for the purposes of subsection (a).

      "SEC. 8. PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION
        AND DEMOBILIZATION IN SUB-SAHARAN AFRICA.
      "(a) In General. - Pursuant to the provisions of sections 3
    through 7, the President should develop an integrated long-term
    plan, which incorporates local perspectives, to provide support for
    the enhancement of conflict resolution capabilities and
    demobilization activities in sub-Saharan Africa.
      "(b) Contents of Plan. - Such plan should include:
        "(1) The type, purpose, amount, and duration of assistance that
      is planned to be provided to conflict resolution units in sub-
      Saharan Africa.
        "(2) The type and amount of assistance that is planned to be
      provided for the demobilization of military personnel of
      countries of sub-Saharan Africa, including - 
          "(A) a list of which countries will receive such assistance
        and an explanation of why such countries were chosen for such
        assistance; and
          "(B) a list of other countries and international
        organizations that are providing assistance for such
        demobilization.
        "(3) The type and amount of assistance that is planned to be
      provided to nongovernmental organizations that are engaged in
      mediation and reconciliation efforts in sub-Saharan Africa.
        "(4) A description of proposed training programs for Africans
      in conflict resolution and peacekeeping under section 7,
      including a list of prospective participants and plans to expand
      such programs.
        "(5) The mechanisms to be used to coordinate interagency
      efforts to administer the plan.
        "(6) Efforts to seek the participation of other countries and
      international organizations to achieve the objectives of the
      plan.
      "(c) Report. - Not later than 180 days after the date of the
    enactment of this Act [Oct. 19, 1994], the President shall submit
    to the appropriate congressional committees a report containing a
    description of the plan developed under this section.

      "SEC. 9. REPORTING REQUIREMENT.
      "(a) Requirement. - The President shall submit to the appropriate
    congressional committees a report describing the efforts and
    progress made in carrying out the provisions of this Act.
      "(b) Date of Submission. - The first report submitted under
    subsection (a) shall be submitted no later than 180 days after the
    date of the enactment of this Act [Oct. 19, 1994], and shall be
    submitted annually thereafter.

      "SEC. 10. CONSULTATION REQUIREMENT.
      "The President shall consult with the appropriate congressional
    committees prior to providing assistance under sections 3 through
    7.

      "SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
      "For purposes of this Act, the term 'appropriate congressional
    committees' means the Committee on Foreign Affairs [now Committee
    on International Relations] and the Committee on Appropriations of
    the House of Representatives and the Committee on Foreign Relations
    and the Committee on Appropriations of the Senate."
      [Functions of President under sections 8 and 9 of Pub. L. 103-
    381, set out above, delegated to Administrator of the Agency for
    International Development by Memorandum of President of the United
    States, June 6, 1995, 60 F.R. 30771.]

     WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE 
      Pub. L. 104-164, title I, Sec. 133, July 21, 1996, 110 Stat.
    1430, provided that: "For each of the fiscal years 1996 and 1997,
    narcotics-related assistance under part I of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2151 et seq.) may be provided
    notwithstanding any other provision of law that restricts
    assistance to foreign countries (other than section 490(e) or
    section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if, at
    least 15 days before obligating funds for such assistance, the
    President notifies the appropriate congressional committees (as
    defined in section 481(e) of that Act (22 U.S.C. 2291(e))) in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A of that Act (22 U.S.C. 2394-1)."

                            SIMILAR PROVISIONS                        
      Similar provisions were contained in the following prior acts:
      Pub. L. 103-447, title I, Sec. 105, Nov. 2, 1994, 108 Stat. 4694.
      Pub. L. 102-583, Sec. 8, Nov. 2, 1992, 106 Stat. 4933, prior to
    repeal by Pub. L. 103-447, title I, Sec. 103(a), Nov. 2, 1994, 108
    Stat. 4693.

-CROSS-
    "APPROPRIATE CONGRESSIONAL COMMITTEES" DEFINED FOR PURPOSES OF PUB.
                                L. 102-583
      Pub. L. 102-583, Sec. 11(b), Nov. 2, 1992, 106 Stat. 4935,
    provided that as used in Pub. L. 102-583, the term "appropriate
    congressional committees" had the definition given that term by
    section 481(e)(6) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2291(e)(6)), prior to repeal by Pub. L. 103-447, title I, Sec.
    103(a), Nov. 2, 1994, 108 Stat. 4693.


-MISC4-
                   IMPACT ON EMPLOYMENT IN UNITED STATES               
      Pub. L. 102-549, title VIII, Sec. 801, Oct. 28, 1992, 106 Stat.
    3671, provided that: "No funds made available to carry out any
    provision of this Act [see Short Title of 1992 Amendments note
    above] or the amendments made by this Act may be obligated or
    expended for any financial incentive to a business enterprise
    currently located in the United States for the purpose of inducing
    such an enterprise to relocate outside the United States, if such
    incentive or inducement is likely to reduce the number of employees
    in the United States because United States production is being
    replaced by such enterprise outside the United States."

                 INTERNATIONALLY RECOGNIZED WORKER RIGHTS             
      Pub. L. 102-549, title VIII, Sec. 802, Oct. 28, 1992, 106 Stat.
    3671, provided that: "No funds made available to carry out any
    provision of this Act [see Short Title of 1992 Amendments note
    above] or the amendments made by this Act may be obligated or
    expended for any project or activity that contributes to the
    violation of internationally recognized workers rights, as defined
    in section 502(a)(4) of the Trade Act of 1974 [19 U.S.C.
    2462(a)(4)], of workers in the recipient country, including any
    designated zone in that country."

                 HORN OF AFRICA RECOVERY AND FOOD SECURITY             
      Pub. L. 102-274, Apr. 21, 1992, 106 Stat. 115, known as the Horn
    of Africa Recovery and Food Security Act, provided findings of
    Congress concerning the Horn of Africa (the region comprised of
    Ethiopia, Somalia, Sudan, and Djibouti), stated policy regarding
    individual countries, authorized a relief and rehabilitation
    program, provided for a peace initiative and a food security and
    recovery strategy, prohibited security assistance to Ethiopia,
    Somalia, or Sudan for fiscal year 1992 or 1993 absent a
    certification by the President, required the President to submit a
    report to Congress on the efforts and progress in carrying out Pub.
    L. 102-274 not later than 180 days after Apr. 21, 1992, and
    required additional reports.

                         PEACE PROCESS IN LIBERIA                     
      Pub. L. 102-270, Apr. 16, 1992, 106 Stat. 106, as amended by Pub.
    L. 104-107, title V, Sec. 573(a), Feb. 12, 1996, 110 Stat. 749,
    provided: That (a) the Congress - 
        "(1) strongly supports the peace process for Liberia initiated
      by the Yamoussoukro peace accord;
        "(2) urges all parties to abide by the terms of the
      Yamoussoukro agreement;
        "(3) commends and congratulates the governments of the Economic
      Community of West African States (ECOWAS) for their leadership in
      seeking peace in Liberia; and
        "(4) extends particularly praise to President Babangida of
      Nigeria, President Houphouet-Boigny of Cote d'Ivoire, and
      President Diouf of Senegal for their efforts to resolve this
      conflict.
      "(b) Authorization of Limited Assistance. - The President is
    authorized to provide - 
        "(1) nonpartisan election and democracy-building assistance to
      support democratic institutions in Liberia, and
        "(2) assistance for the resettlement of refugees, the
      demobilization and retraining of troops, and the provision of
      other appropriate assistance:
    Provided, That the President determines and so certifies to the
    Committee on Foreign Relations and the Committee on Appropriations
    of the Senate and the Committee on Foreign Affairs [now Committee
    on International Relations] and the Committee on Appropriations of
    the House of Representatives that Liberia has made significant
    progress toward democratization and that the provision of such
    assistance will assist that country in making further progress and
    is otherwise in the national interest of the United States. A
    separate determination and certification shall be required for each
    fiscal year in which such assistance is to be provided."

       SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES RELATING TO THE
                        PEOPLE'S REPUBLIC OF CHINA
      Pub. L. 101-246, title IX, Sec. 902, Feb. 16, 1990, 104 Stat. 83,
    as amended by Pub. L. 102-549, title II, Sec. 202(e), Oct. 28,
    1992, 106 Stat. 3658, provided that:
      "(a) Suspensions. - 
        "(1) Overseas private investment corporation. - The Overseas
      Private Investment Corporation shall continue to suspend the
      issuance of any new insurance, reinsurance, guarantees,
      financing, or other financial support with respect to the
      People's Republic of China, unless the President makes a report
      under subsection (b)(1) or (2) of this section.
        "(2) Trade and development agency. - The President shall
      suspend the obligation of funds under the Foreign Assistance Act
      of 1961 [see Short Title note above] for any new activities of
      the Trade and Development Agency with respect to the People's
      Republic of China, unless the President makes a report under
      subsection (b)(1) or (2) of this section.
        "(3) Munitions export licenses. - (A) The issuance of licenses
      under section 38 of the Arms Export Control Act [22 U.S.C. 2778]
      for the export to the People's Republic of China of any defense
      article on the United States Munitions List, including
      helicopters and helicopter parts, shall continue to be suspended,
      subject to subparagraph (B), unless the President makes a report
      under subsection (b)(1) or (2) of this section.
        "(B) The suspension set forth in subparagraph (A) shall not
      apply to systems and components designed specifically for
      inclusion in civil products and controlled as defense articles
      only for purposes of export to a controlled country, unless the
      President determines that the intended recipient of such items is
      the military or security forces of the People's Republic of
      China.
        "(4) Crime control and detection instruments and equipment. -
      The issuance of any license under section 6(k) of the Export
      Administration Act of 1979 [50 U.S.C. App. 2405(k)] for the
      export to the People's Republic of China of any crime control or
      detection instruments or equipment shall be suspended, unless the
      President makes a report under subsection (b)(1) or (2) of this
      section.
        "(5) Export of satellites for launch by the people's republic
      of china. - Exports of any satellite of United States origin that
      is intended for launch from a launch vehicle owned by the
      People's Republic of China shall remain suspended, unless the
      President makes a report under subsection (b)(1) or (2) of this
      section.
        "(6) Nuclear cooperation with the people's republic of china. -
      (A) Any - 
          "(i) application for a license under the Export
        Administration Act of 1979 [50 U.S.C. App. 2401 et seq.] for
        the export to the People's Republic of China for use in a
        nuclear production or utilization facility of any goods or
        technology which, as determined under section 309(c) of the
        Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)],
        could be of significance for nuclear explosive purposes, or
        which, in the judgment of the President, is likely to be
        diverted for use in such a facility, for any nuclear explosive
        device, or for research on or development of any nuclear
        explosive device, shall be suspended,
          "(ii) application for a license for the export to the
        People's Republic of China of any nuclear material, facilities,
        or components subject to the Agreement shall be suspended,
          "(iii) approval for the transfer or retransfer to the
        People's Republic of China of any nuclear material, facilities,
        or components subject to the Agreement shall not be given, and
          "(iv) specific authorization for assistance in any activities
        with respect to the People's Republic of China relating to the
        use of nuclear energy under section 57b.(2) of the Atomic
        Energy Act of 1954 [42 U.S.C. 2077(b)(2)] shall not be given,
      until the conditions specified in subparagraph (B) are met.
        "(B) Subparagraph (A) applies until - 
          "(i) the President certifies to the Congress that the
        People's Republic of China has provided clear and unequivocal
        assurances to the United States that it is not assisting and
        will not assist any nonnuclear-weapon state, either directly or
        indirectly, in acquiring nuclear explosive devices or the
        materials and components for such devices;
          "(ii) the President makes the certifications and submits the
        report required by Public Law 99-183 [Dec. 16, 1985, 99 Stat.
        1174]; and
          "(iii) the President makes a report under subsection (b)(1)
        or (2) of this section.
        "(C) For purposes of this paragraph, the term 'Agreement' means
      the Agreement for Cooperation Between the Government of the
      United States of America and the Government of the People's
      Republic of China Concerning Peaceful Uses of Nuclear Energy
      (done on July 23, 1985).
        "(7) Liberalization of export controls. - (A) The President
      shall negotiate with the governments participating in the group
      known as the Coordinating Committee (COCOM) to suspend, on a
      multilateral basis, any liberalization by the Coordinating
      Committee of controls on exports of goods and technology to the
      People's Republic of China under section 5 of the Export
      Administration Act of 1979 [50 U.S.C. App. 2404], including - 
          "(i) the implementation of bulk licenses for exports to the
        People's Republic of China; and
          "(ii) the raising of the performance levels of goods or
        technology below which no authority or permission to export to
        the People's Republic of China would be required.
        "(B) The President shall oppose any liberalization by the
      Coordinating Committee of controls which is described in
      subparagraph (A)(ii), until the end of the 6-month period
      beginning on the date of enactment of this Act [Feb. 16, 1990] or
      until the President makes a report under subsection (b)(1) or (2)
      of this section, whichever occurs first.
      "(b) Termination of Suspensions. - A report referred to in
    subsection (a) is a report by the President to the Congress either -
     
        "(1) that the Government of the People's Republic of China has
      made progress on a program of political reform throughout the
      country, including Tibet, which includes - 
          "(A) lifting of martial law;
          "(B) halting of executions and other reprisals against
        individuals for the nonviolent expression of their political
        beliefs;
          "(C) release of political prisoners;
          "(D) increased respect for internationally recognized human
        rights, including freedom of expression, the press, assembly,
        and association; and
          "(E) permitting a freer flow of information, including an end
        to the jamming of Voice of America and greater access for
        foreign journalists; or
        "(2) that it is in the national interest of the United States
      to terminate a suspension under subsection (a)(1), (2), (3), (4),
      or (5), to terminate a suspension or disapproval under subsection
      (a)(6), or to terminate the opposition required by subsection
      (a)(7), as the case may be.
      "(c) Reporting Requirement. - Sixty days after the date of
    enactment of this Act [Feb. 16, 1990], the President shall submit
    to the Congress a report on - 
        "(1) any steps taken by the Government of China to achieve the
      objectives described in subsection (b)(1);
        "(2) the effect of multilateral sanctions on political and
      economic developments in China and on China's international
      economic relations;
        "(3) the impact of the President's actions described in section
      901(a)(9) [Pub. L. 101-246, title IX, Feb. 16, 1990, 104 Stat.
      80] and of the suspensions under subsection (a) of this section
      on - 
          "(A) political and economic developments in China;
          "(B) the standard of living of the Chinese people;
          "(C) relations between the United States and China; and
          "(D) the actions taken by China to promote a settlement in
        Cambodia which will ensure Cambodian independence, facilitate
        an act of self-determination by the Cambodian people, and
        prevent the Khmer Rouge from returning to exclusive power;
        "(4) the status of programs and activities suspended under
      subsection (a); and
        "(5) the additional measures taken by the President under
      section 901(c) if repression in China deepens."
      [Certification of President under section 902(a)(6)(B)(i) of Pub.
    L. 101-246, set out above, provided in Determination of President
    of the United States, No. 98-10, Jan. 12, 1998, 63 F.R. 3447.]

           LIMITATION ON ASSISTANCE TO PANAMANIAN DEFENSE FORCE       
      Pub. L. 100-456, div. A, title XIII, Sec. 1302, Sept. 29, 1988,
    102 Stat. 2060, provided that:
      "(a) Limitation. - The President may not use any funds
    appropriated to or for the use of any department, agency, or other
    entity of the United States for the purpose of providing assistance
    to the Panamanian Defense Force. The limitation in the preceding
    sentence shall cease to apply upon the submission by the President
    to Congress of a certification by the President - 
        "(1) that no armed forces of the Soviet Union, the Republic of
      Cuba, or the Republic of Nicaragua are present in the Republic of
      Panama (other than military attache&233;s accredited to the
      Republic of Panama); and
        "(2) that General Manuel Noriega has relinquished command of
      the Panamanian Defense Force and no longer holds any official
      position of leadership (either military or civilian) in the
      Republic of Panama.
      "(b) Clarification. - Subsection (a) does not prohibit the
    President from obligating or expending any funds necessary for - 
        "(1) the defense of the Panama Canal,
        "(2) the collection of intelligence,
        "(3) the maintenance of United States Armed Forces in the
      Republic of Panama, or
        "(4) the protection of United States interests in the Republic
      of Panama.
      "(c) Report. - Not later than 30 days after the date of the
    enactment of this Act [Sept. 29, 1988], the President shall submit
    to Congress a detailed report, in both classified and unclassified
    form, indicating - 
        "(1) whether (and to what extent) military, paramilitary, or
      intelligence personnel of the Soviet Union, Cuba, or Nicaragua
      are present in the Republic of Panama; and
        "(2) whether (and to what extent) the Panamanian Defense Force
      has coordinated with, cooperated with, supported, or received
      support from, any such personnel."

    CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE PALESTINE
                          LIBERATION ORGANIZATION
      Pub. L. 99-83, title XIII, Sec. 1302, Aug. 8, 1985, 99 Stat. 280,
    as amended by Pub. L. 101-246, title I, Sec. 108, Feb. 16, 1990,
    104 Stat. 21, provided that:
      "(a) United States Policy. - The United States in 1975 declared
    in a memorandum of agreement with Israel, and has reaffirmed since,
    that 'The United States will continue to adhere to its present
    policy with respect to the Palestine Liberation Organization,
    whereby it will not recognize or negotiate with the Palestine
    Liberation Organization so long as the Palestine Liberation
    Organization does not recognize Israel's right to exist and does
    not accept Security Council Resolutions 242 and 338.'.
      "(b) Reaffirmation and Codification of Policy. - The United
    States hereby reaffirms that policy. In accordance with that
    policy, no officer or employee of the United States Government and
    no agent or other individual acting on behalf of the United States
    Government shall negotiate with the Palestine Liberation
    Organization or any representatives thereof (except in emergency or
    humanitarian situations) unless and until the Palestine Liberation
    Organization recognizes Israel's right to exist, accepts United
    Nations Security Council Resolutions 242 and 338, and renounces the
    use of terrorism, except that no funds authorized to be
    appropriated by this or any other Act may be obligated or made
    available for the conduct of the current dialogue on the Middle
    East peace process with any representative of the Palestine
    Liberation Organization if the President knows and advises the
    Congress that that representative directly participated in the
    planning or execution of a particular terrorist activity which
    resulted in the death or kidnapping of a United States citizen."

     OBLIGATION OR EXPENDITURE OF FUNDS FOR PLANNING, ETC., MINING OF
               THE PORTS OR TERRITORIAL WATERS OF NICARAGUA
      Pub. L. 98-369, div. B, title IX, Sec. 2907, July 18, 1984, 98
    Stat. 1210, provided that: "It is the sense of the Congress that no
    funds heretofore or hereafter appropriated in any Act of Congress
    shall be obligated or expended for the purpose of planning,
    directing, executing, or supporting the mining of the ports or
    territorial waters of Nicaragua."

     PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE IN KAMPUCHEA 
      Pub. L. 98-164, title X, Sec. 1005, Nov. 22, 1983, 97 Stat. 1058,
    provided that:
      "(a) Notwithstanding any other provision of law, none of the
    funds authorized to be appropriated by this Act or any other Act
    may be obligated or expended for the purpose or with the effect of
    promoting, sustaining, or augmenting, directly or indirectly, the
    capacity of the Khmer Rouge or any of its members to conduct
    military or paramilitary operations in Kampuchea or elsewhere in
    Indochina.
      "(b) All funds appropriated before the date of enactment of this
    section [Nov. 22, 1983] which were obligated but not expended for
    activities having the purpose or effect described in subsection (a)
    shall be deobligated and shall be deposited in the Treasury of the
    United States as miscellaneous receipts.
      "(c) This section shall not be construed as limiting the
    provision of food, medicine, or other humanitarian assistance to
    the Kampuchean people."

    TERMINATION OF NONRECURRING ACTIVITIES UNDER FOREIGN ASSISTANCE ACT
                       OF 1961 AND REMOVAL FROM LAW
      Pub. L. 97-113, title VII, Sec. 734(c), Dec. 29, 1981, 95 Stat.
    1561, provided that: "Except as otherwise explicitly provided by
    their terms, amendments to the Foreign Assistance Act of 1961 [see
    Short Title note above] and the Arms Export Control Act [see Short
    Title note set out under section 2751 of this title] which are
    applicable only to a single fiscal or calendar year or which
    require reports or other actions on a nonrecurring basis shall be
    deemed to have expired and shall be removed from law upon the
    expiration of the applicable time periods for the fulfillment of
    the required actions."

                           ASSISTANCE FOR PANAMA                       
      Pub. L. 101-167, title V, Sec. 561, Nov. 21, 1989, 103 Stat.
    1239, provided that:
      "(a) Unless the President certifies to Congress that - 
        "(1) the Government of Panama has demonstrated substantial
      progress in assuring civilian control of the armed forces and
      that the Panama Defense Forces and its leaders have been removed
      from nonmilitary activities and institutions;
        "(2) an impartial investigation into allegations of illegal
      actions by members of the Panama Defense Force is being
      conducted;
        "(3) a satisfactory agreement has been reached between the
      governing authorities and representatives of the opposition
      forces on conditions for free and fair elections; and
        "(4) freedom of the press and other constitutional guarantees,
      including due process of law, are being restored to the
      Panamanian people;
    then no United States assistance (including any such assistance
    appropriated and previously obligated) shall be obligated or
    expended for programs, projects, or activities which assist or lend
    support for the Noriega regime, or ministries of government under
    the control of the Noriega regime, or any successor regime that
    does not meet the criteria specified in subsection (a) of this
    section in this fiscal year and any fiscal year thereafter, and
    none of the funds appropriated or otherwise made available in this
    Act, or any other Act, shall be used to finance any participation
    of the United States in joint military exercises conducted in
    Panama during the fiscal year 1990.
      "(b) It is the sense of the Congress that if the conditions
    described in paragraphs (1) through (4) of subsection (a) have been
    certified as having been met, then not only will United States
    assistance be restored, but increased levels of such assistance
    should be considered for Panama.
      "(c) For purposes of this section, the term 'United States
    assistance' means assistance of any kind which is provided by
    grant, sale, loan, lease, credit, guaranty, or insurance, or by any
    other means, by any agency or instrumentality of the United States
    Government, including - 
        "(1) assistance under the Foreign Assistance Act of 1961 [see
      Short Title note above] (including programs under title IV of
      chapter 2 of part I of such Act [22 U.S.C. 2191 et seq.]);
        "(2) sales, credits, and guarantees under the Arms Export
      Control Act [see Short Title note set out under section 2751 of
      this title];
        "(3) sales under title I [7 U.S.C. 1701 et seq.] or III [7
      U.S.C. 1727 et seq.] and donations under title II [7 U.S.C. 1721
      et seq.] of the Agricultural Trade Development and Assistance Act
      of 1954 of nonfood commodities;
        "(4) other financing programs of the Commodity Credit
      Corporation for export sales of nonfood commodities;
        "(5) financing under the Export-Import Bank Act of 1945 [12
      U.S.C. 635 et seq.]; and
        "(6) assistance provided by the Central Intelligence Agency or
      assistance provided by any other entity or component of the
      United States Government if such assistance is carried out in
      connection with, or for purposes of conducting, intelligence or
      intelligence-related activities except that this shall not
      include activities undertaken solely to collect necessary
      intelligence;
    except that the term 'United States assistance' does not include
    (A) assistance under chapter 1 of part I of the Foreign Assistance
    Act of 1961 [22 U.S.C. 2151 et seq.] insofar as such assistance is
    provided through private and voluntary organizations or other
    nongovernmental agencies, (B) assistance which involves the
    donations of food or medicine, (C) disaster relief assistance
    (including any assistance under chapter 9 of part I of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2292 et seq.]), (D) assistance
    for refugees, (E) assistance under the Inter-American Foundation
    Act [22 U.S.C. 290f], (F) assistance necessary for the purpose of
    continuing participant training programs (including scholarships)
    already being supported as of the date of any prohibition of
    assistance otherwise applicable to Panama, or (G) assistance made
    available for termination costs arising from the requirements of
    this section.
      "(d) The Secretary of the Treasury shall instruct the United
    States Executive Directors to the International Financial
    Institutions (the International Bank for Reconstruction and
    Development, the International Finance Corporation, and the Inter-
    American Development Bank) to vote against any loan to Panama,
    unless the President has certified in advance that the conditions
    set forth in subsection (a) of this section have been met."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 100-461, title V, Sec. 564, Oct. 1, 1988, 102 Stat. 2268-
    40.
      Pub. L. 100-202, Sec. 101(e) [title V, Sec. 570], Dec. 22, 1987,
    101 Stat. 1329-131, 1329-174.
      Pub. L. 96-92, Sec. 28, Oct. 29, 1979, 93 Stat. 711. [Repealed by
    Pub. L. 97-113, title VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat.
    1560.]

        FINAL ACCOUNTING OF AMERICANS MISSING IN ACTION IN VIETNAM    
      Pub. L. 95-426, title VII, Sec. 705, Oct. 7, 1978, 92 Stat. 992,
    as amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(2), Aug.
    24, 1982, 96 Stat. 299, provided that: "The President shall
    continue to take all possible steps to obtain a final accounting of
    all Americans missing in action in Vietnam." Similar provisions
    were contained in the following acts:
      Pub. L. 95-105, title V, Sec. 505, Aug. 17, 1977, 91 Stat. 858,
    as amended by Pub. L. 97-241, title V, Sec. 505(a)(3), (b)(2), Aug.
    24, 1982, 96 Stat. 299.
      Pub. L. 95-88, title I, Sec. 132, Aug. 3, 1977, 91 Stat. 544, as
    amended by Pub. L. 97-113, title VII, Sec. 734(a)(6), Dec. 29,
    1981, 95 Stat. 1560.

       PLAN FOR INCREASED MINORITY BUSINESS PARTICIPATION IN FOREIGN
        ASSISTANCE ACTIVITIES; MINORITY RESOURCE CENTER SECTION AS
       IMPLEMENTING ADMINISTRATIVE UNIT; FUNCTIONS, DUTIES, ETC., OF
                                  CENTER
      Section 133 of Pub. L. 95-88, as amended by Pub. L. 96-53, title
    I, Sec. 123, Aug. 14, 1979, 93 Stat. 366; Pub. L. 97-113, title
    VII, Sec. 734(a)(6), Dec. 29, 1981, 95 Stat. 1560, provided that:
      "(a) The Administrator of the agency primarily responsible for
    administering part I of the Foreign Assistance Act of 1961 [this
    subchapter] shall prepare and transmit to the Congress, not later
    than 30 days after the date of enactment of this Act [Aug. 3,
    1977], a detailed plan for the establishment of a section on
    minority business within such agency.
      "(b) Such plan shall include, but shall not be limited to - 
        "(1) a description of where the section on minority business
      will be located in such agency's organizational structure and
      what relevant lines of authority will be established;
        "(2) a listing of the specific responsibilities that will be
      assigned to the section on minority business to enable it to
      increase, in a rational and effective manner, participation of
      minority business enterprises in activities funded by such
      agency;
        "(3) a design for a time-phase system for bringing about
      expanded minority business enterprise participation, including
      specific recommendations for percentage allocations of contracts
      by such agency to minority business enterprises;
        "(4) a proposed reporting system that will permit objective
      measuring of the degree of participation of minority business
      enterprises in comparison to the total activities funded by such
      agency;
        "(5) a detailed projection of the administrative budgetary
      impact of the establishment of the section on minority business;
      and
        "(6) a detailed set of objective criteria upon which
      determinations will be made as to the qualifications of minority
      business enterprises to receive contracts funded by such agency.
      "(c)(1) Upon the enactment of the International Development
    Cooperation Act of 1979 [Aug. 14, 1979], the section on minority
    business established pursuant to subsection (a) shall be
    redesignated as the Minority Resource Center (hereafter in this
    section referred to as the 'Center') which shall be responsible for
    increasing the participation of economically and socially
    disadvantaged business enterprises in contract, procurement, grant,
    and research and development activities funded by the agency
    primarily responsible for administering part I of the Foreign
    Assistance Act of 1961 [this subchapter] (hereafter in this section
    referred to as the 'agency').
      "(2) The Center shall - 
        "(A) establish, maintain, and disseminate information to, and
      otherwise serve as an information clearinghouse for, economically
      and socially disadvantaged business enterprises regarding
      business opportunities in development assistance programs funded
      by the agency;
        "(B) design and conduct programs to encourage, promote, and
      assist economically and socially disadvantaged business
      enterprises to secure direct contracts, host country contracts,
      operation expatriate contracts, indefinite quantity contracts,
      subcontracts, projects, grants, and research and development
      contracts in order for such enterprises to participate in such
      development assistance programs;
        "(C) conduct market research, planning, economic and business
      analyses, and feasibility studies to identify business
      opportunities in such development assistance programs;
        "(D) develop support mechanisms which will enable socially and
      economically disadvantaged businesses to take advantage of
      business opportunities in such development assistance programs;
      and
        "(E) enter into such contracts (to such extent or in such
      amounts as are provided in appropriation Acts), cooperative
      agreements, or other transactions as may be necessary in the
      conduct of its functions under this section.
      "(3) The Administrator of the agency and the Secretary of State
    shall provide the Center with such relevant information, including
    procurement schedules, bids, and specifications with respect to
    development assistance programs funded by the agency, as may be
    requested by the Center in connection with the performance of its
    functions under this section.
      "(4) There shall be a Director of the Center who shall be the
    chief executive officer of the Center. The Director shall be
    appointed by the Administrator of the agency.
      "(5)(A) For the purposes of this section, the term 'economically
    and socially disadvantaged enterprise' means a business - 
        "(i) which is at least 51 percent owned by one or more socially
      and economically disadvantaged individuals or, in the case of a
      publicly owned business, at least 51 percent of the stock of
      which is owned by one or more socially and economically
      disadvantaged individuals; and
        "(ii) whose management and daily business operations are
      controlled by one or more such individuals.
      "(B) Socially disadvantaged individuals are those who have been
    subjected to racial or ethnic prejudice or cultural bias because of
    their identity as a member of a group without regard to their
    individual qualities.
      "(C) Economically disadvantaged individuals are those socially
    disadvantaged individuals whose ability to compete in the free
    enterprise system has been impaired due to diminished capital and
    credit opportunities as compared to others in the same business
    area who are not socially disadvantaged. In determining the degree
    of diminished credit and capital opportunities, the Administrator
    of the agency shall consider, but not be limited to, the assets and
    net worth of the socially disadvantaged individual.
      "(6) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(6), Dec.
    29, 1981, 95 Stat. 1560.]
      "(7) Of the funds available to the agency for operating expenses,
    up to $950,000 for fiscal year 1980 may be allocated to the Center
    to carry out its functions under this section.
      "(8) If the Administrator of the agency determines that such a
    consolidation would significantly further the purposes of this
    section and would eliminate unnecessary duplication of activity,
    the Administrator may consolidate the Center with the Office of
    Small and Disadvantaged Business Utilization established in the
    agency by section 15(k) of the Small Business Act [section 644(k)
    of Title 15, Commerce and Trade]. Any such consolidation shall
    ensure that all the functions specified in paragraph (2) of this
    subsection continue to be carried out. Before implementing any such
    consolidation, the Administrator shall submit to the Congress a
    detailed report setting forth the reasons for the proposed
    consolidation."
      [Amendment by Pub. L. 96-53 (adding subsec. (c) to section 133 of
    Pub. L. 95-88) effective Aug. 14, 1979, see section 512(b) of Pub.
    L. 96-53, set out as an Effective Date of 1979 Amendment note
    above.]

                     USE OF ACCRUED FOREIGN CURRENCIES                 
      Section 40 of Pub. L. 93-189 provided that: "Effective July 1,
    1974, no amount of any foreign currency (including principal and
    interest from loan repayments) which accrues in connection with any
    sale for foreign currency under any provision of law may be used
    under any agreement entered into after the date of the enactment of
    this Act [Dec. 17, 1973], or any revision or extension entered into
    after such date of any prior or subsequent agreement, to provide
    any assistance to any foreign country to procure equipment,
    materials, facilities, or services for the common defense,
    including internal security, unless such agreement is specifically
    authorized by legislation enacted after such date."

                     RELIGIOUS FREEDOM AND PERSECUTION                 
      Pub. L. 88-633, pt. V, Sec. 501, Oct. 7, 1964, 78 Stat. 1015,
    provided that: "It is the sense of the Congress that the United
    States deeply believes in the freedom of religion for all people
    and is opposed to infringement of this freedom anywhere in the
    world. The Congress condemns the persecution of any persons because
    of their religion. It is further the sense of Congress that all
    persons should be permitted the free exercise of religion and the
    pursuit of their culture."

                         COMMUNIST REGIME IN CHINA                     
      Pub. L. 91-194, title I, Sec. 105, Feb. 9, 1970, 84 Stat. 7,
    related to Congressional opposition to the seating in the United
    Nations of the Communist regime in China as the representative of
    China, and requested the President, in the event of the seating of
    representatives of the Chinese Communist regime in the Security
    Council or the General Assembly of the United Nations, to inform
    the Congress of the implications of the seating upon the foreign
    policy of the United States. Similar provisions were contained in
    the following prior acts:
      Oct. 17, 1968, Pub. L. 90-581, title I, Sec. 105, 82 Stat. 1139.
      Jan. 2, 1968, Pub. L. 90-249, title I, Sec. 105, 81 Stat. 938.
      Oct. 15, 1966, Pub. L. 89-691, title I, Sec. 105, 80 Stat. 1020.
      Oct. 20, 1965, Pub. L. 89-273, title I, Sec. 105, 79 Stat. 1003.
      Oct. 7, 1964, Pub. L. 88-634, title I, Sec. 105, 78 Stat. 1017.
      Jan. 6, 1964, Pub. L. 88-258, title I, Sec. 105, 77 Stat. 858.
      Oct. 23, 1962, Pub. L. 87-872, title I, Sec. 105, 76 Stat. 1164.
      Sept. 30, 1961, Pub. L. 87-329, title I, Sec. 107, 75 Stat. 718.
      Sept. 2, 1960, Pub. L. 86-704, title I, Sec. 107, 74 Stat. 779.
      Sept. 28, 1959, Pub. L. 86-383, title I, Sec. 112, 73 Stat. 720.
      Aug. 28, 1958, Pub. L. 85-853, Sec. 105, 72 Stat. 1101.
      Sept. 3, 1957, Pub. L. 85-279, Sec. 109, 71 Stat. 604.
      July 31, 1956, ch. 803, Sec. 108, 70 Stat. 735.
      July 8, 1955, ch. 301, Sec. 12, 69 Stat. 290 (repealed by Pub. L.
    87-195, pt. III, Sec. 642(a)(3), Sept. 4, 1961, 75 Stat. 460).

-CROSS-
                                DEFINITIONS                            
      Pub. L. 107-228, div. B, title X, Sec. 1002, Sept. 30, 2002, 116
    Stat. 1425, provided that: "In this division [see Tables for
    classification]:
        "(1) Defense article. - The term 'defense article' has the
      meaning given the term in section 47(3) of the Arms Export
      Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).
        "(2) Defense service. - The term 'defense service' has the
      meaning given the term in section 47(4) of the Arms Export
      Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).
        "(3) Excess defense article. - The term 'excess defense
      article' has the meaning given the term in section 644(g) of the
      Foreign Assistance Act of 1961 (22 U.S.C. 2403(g))."

-End-



-CITE-
    22 USC Sec. 2151-1                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151-1. Development assistance policy

-STATUTE-
    (a) Principal purpose of bilateral development assistance
      The Congress finds that the efforts of developing countries to
    build and maintain the social and economic institutions necessary
    to achieve self-sustaining growth and to provide opportunities to
    improve the quality of life for their people depend primarily upon
    successfully marshalling their own economic and human resources.
    The Congress recognizes that the magnitude of these efforts exceeds
    the resources of developing countries and therefore accepts that
    there will be a long-term need for wealthy countries to contribute
    additional resources for development purposes. The United States
    should take the lead in concert with other nations to mobilize such
    resources from public and private sources.
      Provision of development resources must be adapted to the needs
    and capabilities of specific developing countries. United States
    assistance to countries with low per capita incomes which have
    limited access to private external resources should primarily be
    provided on concessional terms. Assistance to other developing
    countries should generally consist of programs which facilitate
    their access to private capital markets, investment, and technical
    skills, whether directly through guarantee or reimbursable programs
    by the United States Government or indirectly through callable
    capital provided to the international financial institutions.
      Bilateral assistance and United States participation in
    multilateral institutions shall emphasize programs in support of
    countries which pursue development strategies designed to meet
    basic human needs and achieve self-sustaining growth with equity.
      The Congress declares that the principal purpose of United States
    bilateral development assistance is to help the poor majority of
    people in developing countries to participate in a process of
    equitable growth through productive work and to influence decisions
    that shape their lives, with the goal of increasing their incomes
    and their access to public services which will enable them to
    satisfy their basic needs and lead lives of decency, dignity, and
    hope. Activities shall be emphasized that effectively involve the
    poor in development by expanding their access to the economy
    through services and institutions at the local level, increasing
    their participation in the making of decisions that affect their
    lives, increasing labor-intensive production and the use of
    appropriate technology, expanding productive investment and
    services out from major cities to small towns and rural areas, and
    otherwise providing opportunities for the poor to improve their
    lives through their own efforts. Participation of the United States
    in multilateral institutions shall also place appropriate emphasis
    on these principles.
    (b) Form of assistance; principles governing assistance
      Assistance under this part should be used not only for the
    purpose of transferring financial resources to developing
    countries, but also to help countries solve development problems in
    accordance with a strategy that aims to insure wide participation
    of the poor in the benefits of development on a sustained basis.
    Moreover, assistance shall be provided in a prompt and effective
    manner, using appropriate United States institutions for carrying
    out this strategy. In order to achieve these objectives and the
    broad objectives set forth in section 2151 of this title and in
    subsection (a) of this section, bilateral development assistance
    authorized by this chapter shall be carried out in accordance with
    the following principles:
        (1) Development is primarily the responsibility of the people
      of the developing countries themselves. Assistance from the
      United States shall be used in support of, rather than
      substitution for, the self-help efforts that are essential to
      successful development programs and shall be concentrated in
      those countries that take positive steps to help themselves.
      Maximum effort shall be made, in the administration of subchapter
      I of this chapter, to stimulate the involvement of the people in
      the development process through the encouragement of democratic
      participation in private and local governmental activities and
      institution building appropriate to the requirements of the
      recipient countries.
        (2) Development planning must be the responsibility of each
      sovereign country. United States assistance should be
      administered in a collaborative style to support the development
      goals chosen by each country receiving assistance.
        (3) United States bilateral development assistance should give
      high priority to undertakings submitted by host governments which
      directly improve the lives of the poorest of their people and
      their capacity to participate in the development of their
      countries, while also helping such governments enhance their
      planning, technical, and administrative capabilities needed to
      insure the success of such undertakings.
        (4) Development assistance provided under this part shall be
      concentrated in countries which will make the most effective use
      of such assistance to help satisfy basic human needs of poor
      people through equitable growth, especially in those countries
      having the greatest need for outside assistance. In order to make
      possible consistent and informed judgments in this respect, the
      President shall assess the commitment and progress of countries
      in moving toward the objectives and purposes of this part by
      utilizing criteria, including but not limited to the following:
          (A) increase in agricultural productivity per unit of land
        through small-farm, labor-intensive agriculture;
          (B) reduction of infant mortality;
          (C) control of population growth;
          (D) promotion of greater equality of income distribution,
        including measures such as more progressive taxation and more
        equitable returns to small farmers;
          (E) reduction of rates of unemployment and underemployment;
          (F) increase in literacy; and
          (G) progress in combating corruption and improving
        transparency and accountability in the public and private
        sector.

        (5) United States development assistance should focus on
      critical problems in those functional sectors which affect the
      lives of the majority of the people in the developing countries;
      food production and nutrition; rural development and generation
      of gainful employment; population planning and health;
      environment and natural resources; education, development
      administration, and human resource development; and energy
      development and production.
        (6) United States assistance shall encourage and promote the
      participation of women in the national economies of developing
      countries and the improvement of women's status as an important
      means of promoting the total development effort.
        (7) United States bilateral assistance shall recognize that the
      prosperity of developing countries and effective development
      efforts require the adoption of an overall strategy that promotes
      the development, production, and efficient utilization of energy
      and, therefore, consideration shall be given to the full
      implications of such assistance on the price, availability, and
      consumption of energy in recipient countries.
        (8) United States cooperation in development should be carried
      out to the maximum extent possible through the private sector,
      including those institutions which already have ties in the
      developing areas, such as educational institutions, cooperatives,
      credit unions, free labor unions, and private and voluntary
      agencies.
        (9) To the maximum extent practicable, United States private
      investment should be encouraged in economic and social
      development programs to which the United States lends support.
        (10) Assistance shall be planned and utilized to encourage
      regional cooperation by developing countries in the solution of
      common problems and the development of shared resources.
        (11) Assistance efforts of the United States shall be planned
      and furnished to the maximum extent practicable in coordination
      and cooperation with assistance efforts of other countries,
      including the planning and implementation of programs and
      projects on a multilateral and multidonor basis.
        (12) United States bilateral development assistance should be
      concentrated on projects which do not involve large-scale capital
      transfers. However, to the extent that such assistance does
      involve large-scale capital transfers, it should be furnished in
      association with contributions from other countries working
      together in a multilateral framework.
        (13) United States encouragement of policy reforms is necessary
      if developing countries are to achieve economic growth with
      equity.
        (14) Development assistance should, as a fundamental objective,
      promote private sector activity in open and competitive markets
      in developing countries, recognizing such activity to be a
      productive and efficient means of achieving equitable and long
      term economic growth.
        (15) United States cooperation in development should recognize
      as essential the need of developing countries to have access to
      appropriate technology in order to improve food and water, health
      and housing, education and employment, and agriculture and
      industry.
        (16) United States assistance should focus on establishing and
      upgrading the institutional capacities of developing countries in
      order to promote long term development. An important component of
      institution building involves training to expand the human
      resource potential of people in developing countries.
        (17) Economic reform and development of effective institutions
      of democratic governance are mutually reinforcing. The successful
      transition of a developing country is dependent upon the quality
      of its economic and governance institutions. Rule of law,
      mechanisms of accountability and transparency, security of
      person, property, and investments, are but a few of the critical
      governance and economic reforms that underpin the sustainability
      of broad-based economic growth. Programs in support of such
      reforms strengthen the capacity of people to hold their
      governments accountable and to create economic opportunity.
    (c) Worldwide cooperative effort to overcome aspects of absolute
      poverty
      The Congress, recognizing the desirability of overcoming the
    worst aspects of absolute poverty by the end of this century by,
    among other measures, substantially lowering infant mortality and
    birth rates, and increasing life expectancy, food production,
    literacy, and employment, encourages the President to explore with
    other countries, through all appropriate channels, the feasibility
    of a worldwide cooperative effort to overcome the worst aspects of
    absolute poverty and to assure self-reliant growth in the
    developing countries by the year 2000.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 102, as added Pub. L. 95-424, title I,
    Sec. 101, Oct. 6, 1978, 92 Stat. 938; amended Pub. L. 96-53, title
    I, Sec. 104(a), Aug. 14, 1979, 93 Stat. 360; Pub. L. 99-83, title
    III, Sec. 301, Aug. 8, 1985, 99 Stat. 213; Pub. L. 106-309, title
    II, Sec. 203(b), Oct. 17, 2000, 114 Stat. 1092.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      2000 - Subsec. (b)(4)(G). Pub. L. 106-309, Sec. 203(b)(1), added
    subpar. (G).
      Subsec. (b)(17). Pub. L. 106-309, Sec. 203(b)(2), added par.
    (17).
      1985 - Subsec. (b)(13) to (16). Pub. L. 99-83 added pars. (13) to
    (16).
      1979 - Subsec. (b)(5). Pub. L. 96-53, Sec. 104(a)(1), inserted
    applicability to energy development and production.
      Subsec. (b)(7). Pub. L. 96-53, Sec. 104(a)(2), inserted
    applicability to promotion of development and production of energy.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Section 1301 of Pub. L. 99-83 provided that: "Except as otherwise
    provided in this Act, this Act [see Short Title of 1985 Amendment
    note set out under section 2151 of this title] shall take effect on
    October 1, 1985."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151a. Agricultural development in rural areas

-STATUTE-
    (a) Authorization to President to furnish assistance;
      appropriations
      (1) In recognition of the fact that the great majority of the
    people of developing countries live in rural areas and are
    dependent on agriculture and agricultural-related pursuits for
    their livelihood, the President is authorized to furnish
    assistance, on such terms and conditions as he may determine, for
    agriculture, rural development, and nutrition - 
        (A) to alleviate starvation, hunger, and malnutrition;
        (B) to expand significantly the provision of basic services to
      rural poor people to enhance their capacity for self-help; and
        (C) to help create productive farm and off-farm employment in
      rural areas to provide a more viable economic base and enhance
      opportunities for improved incomes, living standards, and
      contributions by rural poor people to the economic and social
      development of their countries.

      (2) There are authorized to be appropriated to the President for
    purposes of this section, in addition to funds otherwise available
    for such purposes, $760,000,000 for fiscal year 1986 and
    $760,000,000 for fiscal year 1987. Of these amounts, the President
    may use such amounts as he deems appropriate to carry out the
    provisions of section 316 of the International Security and
    Development Cooperation Act of 1980. Amounts appropriated under
    this section are authorized to remain available until expended.
      (3) Of the amounts authorized to be appropriated in paragraph (2)
    for the fiscal year 1987, not less than $2,000,000 shall be
    available only for the purpose of controlling and eradicating
    amblyomma variegatum (heartwater) in bovine animals in the
    Caribbean.
    (b) Use of assistance primarily in aid of rural poor; multilateral
      infrastructure projects; forestry projects
      (1) Assistance provided under this section shall be used
    primarily for activities which are specifically designed to
    increase the productivity and income of the rural poor, through
    such means as creation and strengthening of local institutions
    linked to the regional and national levels; organization of a
    system of financial institutions which provide both savings and
    credit services to the poor; stimulation of small, labor-intensive
    enterprises in rural towns; improvement of marketing facilities and
    systems; expansion of rural infrastructure and utilities such as
    farm-to-market roads, water management systems, land improvement,
    energy, and storage facilities; establishment of more equitable and
    more secure land tenure arrangements; and creation and
    strengthening of systems to provide other services and supplies
    needed by farmers, such as extension, research, training,
    fertilizer, water, forestry, soil conservation, and improved seed,
    in ways which assure access to them by small farmers.
      (2) In circumstances where development of major infrastructure is
    necessary to achieve the objectives set forth in this section,
    assistance for that purpose should be furnished under this part in
    association with significant contributions from other countries
    working together in a multilateral framework. Infrastructure
    projects so assisted should be complemented by other measures to
    ensure that the benefits of the infrastructure reach the poor.
      (3) The Congress recognizes that the accelerating loss of forests
    and tree cover in developing countries undermines and offsets
    efforts to improve agricultural production and nutrition and
    otherwise to meet the basic human needs of the poor. Deforestation
    results in increased flooding, reduction in water supply for
    agricultural capacity, loss of firewood and needed wood products,
    and loss of valuable plants and animals. In order to maintain and
    increase forest resources, the President is authorized to provide
    assistance under this section for forestry projects which are
    essential to fulfill the fundamental purposes of this section.
    Emphasis shall be given to community woodlots, agroforestry,
    reforestation, protection of watershed forests, and more effective
    forest management.
    (c) Increased agricultural production in least developed countries
      The Congress finds that the greatest potential for significantly
    expanding availability of food for people in rural areas and
    augmenting world food production at relatively low cost lies in
    increasing the productivity of small farmers who constitute a
    majority of the agricultural producers in developing countries.
    Increasing the emphasis on rural development and expanded food
    production in the poorest nations of the developing world is a
    matter of social justice and a principal element contributing to
    broadly based economic growth, as well as an important factor in
    alleviating inflation in the industrialized countries. In the
    allocation of funds under this section, special attention shall be
    given to increasing agricultural production in countries which have
    been designated as "least developed" by the United Nations General
    Assembly.
    (d) Coordination with population planning and health programs
      Assistance provided under this section shall also be used in
    coordination with programs carried out under section 2151b of this
    title to help improve nutrition of the people of developing
    countries through encouragement of increased production of crops
    with greater nutritional value; improvement of planning, research,
    and education with respect to nutrition, particularly with
    reference to improvement and expanded use of indigenously produced
    foodstuffs; and the undertaking of pilot or demonstration programs
    explicitly addressing the problem of malnutrition of poor and
    vulnerable people. In particular, the President is encouraged - 
        (1) to devise and carry out in partnership with developing
      countries a strategy for programs of nutrition and health
      improvement for mothers and children, including breast feeding;
      and
        (2) to provide technical, financial, and material support to
      individuals or groups at the local level for such programs.
    (e) Use of local currency proceeds from sales of commodities
      Local currency proceeds from sales of commodities provided under
    the Agricultural Trade Development and Assistance Act of 1954 [7
    U.S.C. 1691 et seq.] which are owned by foreign governments shall
    be used whenever practicable to carry out the provisions of this
    section.
    (f) National food security policies and programs; bilateral and
      multilateral assistance
      The Congress finds that the efforts of developing countries to
    enhance their national food security deserves encouragement as a
    matter of United States development assistance policy. Measures
    complementary to assistance for expanding food production in
    developing countries are needed to help assure that food becomes
    increasingly available on a regular basis to the poor in such
    countries. Therefore, United States bilateral assistance under this
    chapter and the Agricultural Trade Development and Assistance Act
    of 1954 [7 U.S.C. 1691 et seq.], and United States participation in
    multilateral institutions, shall emphasize policies and programs
    which assist developing countries to increase their national food
    security by improving their food policies and management and by
    strengthening national food reserves, with particular concern for
    the needs of the poor, through measures encouraging domestic
    production, building national food reserves, expanding available
    storage facilities, reducing postharvest food losses, and improving
    food distribution.
    (g) International Fund for Agricultural Development; participation
      and contributions; availability of appropriations
      (1) In order to carry out the purposes of this section, the
    President may continue United States participation in and may make
    contributions to the International Fund for Agricultural
    Development.
      (2) Of the aggregate amount authorized to be appropriated to
    carry out subchapter I of this chapter, up to $50,000,000 for
    fiscal year 1986 and up to $50,000,000 for fiscal year 1987 may be
    made available, by appropriation or by transfer, for United States
    contributions to the second replenishment of the International Fund
    for Agricultural Development.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 103, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93-559, Sec. 2,
    Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94-161, title III, Sec. 302,
    Dec. 20, 1975, 89 Stat. 856; Pub. L. 95-88, title I, Sec. 102, Aug.
    3, 1977, 91 Stat. 534; Pub. L. 95-424, title I, Sec. 103(a), Oct.
    6, 1978, 92 Stat. 943; Pub. L. 96-53, title I, Sec. 101, Aug. 14,
    1979, 93 Stat. 359; Pub. L. 96-533, title III, Sec. 301, Dec. 16,
    1980, 94 Stat. 3145; Pub. L. 97-113, title III, Sec. 301(a), (c),
    Dec. 29, 1981, 95 Stat. 1531, 1532; Pub. L. 99-83, title III, Sec.
    302, title X, Sec. 1001, Aug. 8, 1985, 99 Stat. 214, 270; Pub. L.
    99-399, title XIII, Sec. 1304, Aug. 27, 1986, 100 Stat. 898.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 316 of the International Security and Development
    Cooperation Act of 1980, referred to in subsec. (a)(2), is section
    316 of Pub. L. 96-533, title III, Dec. 16, 1980, 94 Stat. 3149, set
    out as a note below.
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsecs. (e) and (f), is act July 10, 1954, ch. 469,
    68 Stat. 454, as amended, which is classified generally to chapter
    41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1691 of Title 7 and Tables.
      This chapter, referred to in subsec. (f), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1986 - Subsec. (a)(3). Pub. L. 99-399 added par. (3).
      1985 - Subsec. (a)(2). Pub. L. 99-83, Sec. 302, substituted
    "$760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year
    1987. Of these amounts, the President may use such amounts as he
    deems appropriate to carry out the provisions of section 316 of the
    International Security and Development Cooperation Act of 1980."
    for "$700,000,000 for the fiscal year 1982 and $700,000,000 for the
    fiscal year 1983, of which up to $1,000,000 for each such fiscal
    year shall be available only to carry out section 316 of the
    International Security and Development Cooperation Act of 1980."
      Subsec. (g). Pub. L. 99-83, Sec. 1001, amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "In
    order to carry out the purposes of this section, the President may
    continue to participate in and may provide, on such terms and
    conditions as he may determine, up to $180,000,000 to the
    International Fund for Agricultural Development. There are
    authorized to be appropriated to the President for the purposes of
    this subsection $180,000,000, except that not more than $40,500,000
    may be appropriated under this subsection for the fiscal year 1982.
    Amounts appropriated under this subsection are authorized to remain
    available until expended."
      1981 - Subsec. (a)(2). Pub. L. 97-113, Sec. 301(a), substituted
    "$700,000,000 for the fiscal year 1982 and $700,000,000 for the
    fiscal year 1983, of which up to $1,000,000 for each such fiscal
    year shall be available only to carry out section 316 of the
    International Security and Development Cooperation Act of 1980" for
    "$713,500,000 for the fiscal year 1981".
      Subsec. (g). Pub. L. 97-113, Sec. 301(c), added subsec. (g).
      1980 - Subsec. (a)(2). Pub. L. 96-533 substituted appropriations
    authorization of $713,500,000 for fiscal year 1981 for such
    authorization of $659,000,000 for fiscal year 1980.
      1979 - Subsec. (a)(2). Pub. L. 96-53, Sec. 101(a), substituted
    provisions authorizing appropriations of $659,000,000 for fiscal
    year 1980, for provisions authorizing appropriations of
    $665,213,000 for fiscal year 1979.
      Subsec. (b)(3). Pub. L. 96-53, Sec. 101(b), added par. (3).
      Subsec. (f). Pub. L. 96-53, Sec. 101(c), added subsec. (f).
      1978 - Pub. L. 95-424 amended section generally, updating and
    clarifying the purposes of assistance to more accurately reflect
    the range of activities authorized by this section.
      1977 - Subsec. (a). Pub. L. 95-88, Sec. 102(a), struck out
    provisions authorizing appropriations of $291,000,000 for the
    fiscal year 1974, $500,000,000 for the fiscal year 1975, and
    $618,800,000 for the fiscal year 1976, and inserted provisions
    authorizing the appropriation of $580,000,000 for the fiscal year
    1978.
      Subsec. (h). Pub. L. 95-88, Sec. 102(b), added subsec. (h).
      1975 - Subsec. (a). Pub. L. 94-161, Sec. 302(1), authorized
    appropriation of $618,800,000 and $745,000,000 for fiscal years
    1976 and 1977, respectively.
      Subsecs. (c) to (g). Pub. L. 94-161, Sec. 302(2), added subsecs.
    (c) to (g).
      1974 - Subsec. (a). Pub. L. 93-559, Sec. 2(1), (2), designated
    existing provisions as subsec. (a) and increased appropriations
    authorization for fiscal year 1975 to $500,000,000 from
    $291,000,000.
      Subsec. (b). Pub. L. 93-559, Sec. 2(3), added subsec. (b).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
          INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT; SIXTH
                               REPLENISHMENT
      Pub. L. 108-199, div. D, title V, Sec. 577, Jan. 23, 2004, 118
    Stat. 201, provided that: "The Secretary of the Treasury may, to
    fulfill commitments of the United States, contribute on behalf of
    the United States to the sixth replenishment of the resources of
    the International Fund for Agricultural Development. The following
    amount is authorized to be appropriated without fiscal year
    limitation for payment by the Secretary of the Treasury:
    $45,000,000 for the International Fund for Agricultural
    Development."

                               WORLD HUNGER                           
      Section 316 of Pub. L. 96-533 provided:
      "(a) In order to further the purposes of section 103 of the
    Foreign Assistance Act of 1961 [this section], the Director of the
    United States International Development Cooperation Agency shall
    encourage the ongoing work of private and voluntary organizations
    to deal with world hunger problems abroad. To this end, the
    Director shall help facilitate widespread public discussion,
    analysis, and review of the issues raised by the Report of the
    Presidential Commission on World Hunger of March 1980, especially
    the issues raised by the Commission's call for increased public
    awareness of the political, economic, technical, and social factors
    relating to hunger and poverty.
      "(b) As a means of carrying out subsection (a), and to ensure the
    effectiveness of private and voluntary organizations in dealing
    with world hunger abroad, the Director is urged to provide
    assistance to private and voluntary organizations engaged in
    facilitating public discussion of hunger and other related issues."
      [For abolition of United States International Development
    Cooperation Agency (other than Agency for International Development
    and Overseas Private Investment Corporation), transfer of
    functions, and treatment of references thereto, see sections 6561,
    6562, and 6571 of this title.]

                  REDUCTION OF POSTHARVEST LOSSES OF FOOD              
      Section 317 of Pub. L. 96-533 provided: "It is the sense of the
    Congress that - 
        "(1) the President should reaffirm the policy of the United
      States Government to support the goal established by the United
      Nations General Assembly of reducing by 50 percent postharvest
      losses of food in developing countries; and
        "(2) the President, acting through the Agency for International
      Development, should increase substantially the proportion of
      funds made available under the Foreign Assistance Act of 1961
      [see Short Title note set out under section 2151 of this title]
      for the purpose of assisting, together with other donor countries
      and with developing countries, in the reduction of postharvest
      losses of food in developing countries."

-End-



-CITE-
    22 USC Sec. 2151a-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151a-1. Agricultural research

-STATUTE-
      Agricultural research carried out under this chapter shall (1)
    take account of the special needs of small farmers in the
    determination of research priorities, (2) include research on the
    interrelationships among technology, institutions, and economic,
    social, environmental, and cultural factors affecting small-farm
    agriculture, and (3) make extensive use of field testing to adapt
    basic research to local conditions. Special emphasis shall be
    placed on disseminating research results to the farms on which they
    can be put to use, and especially on institutional and other
    arrangements needed to assure that small farmers have effective
    access to both new and existing improved technology.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 103A, as added Pub. L. 94-161, title
    III, Sec. 303, Dec. 20, 1975, 89 Stat. 857; amended Pub. L. 95-424,
    title I, Sec. 103(d), Oct. 6, 1978, 92 Stat. 945.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-424 inserted "environmental" after "social" in
    cl. 2.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

-End-



-CITE-
    22 USC Sec. 2151b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151b. Population planning and health programs

-STATUTE-
    (a) Congressional declaration of policy
      The Congress recognizes that poor health conditions and
    uncontrolled population growth can vitiate otherwise successful
    development efforts.
      Large families in developing countries are the result of complex
    social and economic factors which change relatively slowly among
    the poor majority least affected by economic progress, as well as
    the result of a lack of effective birth control. Therefore,
    effective family planning depends upon economic and social change
    as well as the delivery of services and is often a matter of
    political and religious sensitivity. While every country has the
    right to determine its own policies with respect to population
    growth, voluntary population planning programs can make a
    substantial contribution to economic development, higher living
    standards, and improved health and nutrition.
      Good health conditions are a principal element in improved
    quality of life and contribute to the individual's capacity to
    participate in the development process, while poor health and
    debilitating disease can limit productivity.
    (b) Assistance for voluntary population planning
      In order to increase the opportunities and motivation for family
    planning and to reduce the rate of population growth, the President
    is authorized to furnish assistance, on such terms and conditions
    as he may determine, for voluntary population planning. In addition
    to the provision of family planning information and services,
    including also information and services which relate to and support
    natural family planning methods, and the conduct of directly
    relevant demographic research, population planning programs shall
    emphasize motivation for small families.
    (c) Assistance for health programs; special health needs of
      children and mothers; Child Survival Fund; promotion of
      immunization and oral rehydration; control of AIDS and
      tuberculosis
      (1) In order to contribute to improvements in the health of the
    greatest number of poor people in developing countries, the
    President is authorized to furnish assistance, on such terms and
    conditions as he may determine, for health programs. Assistance
    under this subsection shall be used primarily for basic integrated
    health services, safe water and sanitation, disease prevention and
    control, and related health planning and research. This assistance
    shall emphasize self-sustaining community-based health programs by
    means such as training of health auxiliary and other appropriate
    personnel, support for the establishment and evaluation of projects
    that can be replicated on a broader scale, measures to improve
    management of health programs, and other services and supplies to
    support health and disease prevention programs.
      (2)(A) In carrying out the purposes of this subsection, the
    President shall promote, encourage, and undertake activities
    designed to deal directly with the special health needs of children
    and mothers. Such activities should utilize simple, available
    technologies which can significantly reduce childhood mortality,
    such as improved and expanded immunization programs, oral
    rehydration to combat diarrhoeal diseases, and education programs
    aimed at improving nutrition and sanitation and at promoting child
    spacing. In carrying out this paragraph, guidance shall be sought
    from knowledgeable health professionals from outside the agency
    primarily responsible for administering subchapter I of this
    chapter. In addition to government-to-government programs,
    activities pursuant to this paragraph should include support for
    appropriate activities of the types described in this paragraph
    which are carried out by international organizations (which may
    include international organizations receiving funds under part III
    of this subchapter) and by private and voluntary organizations, and
    should include encouragement to other donors to support such types
    of activities.
      (B) In addition to amounts otherwise available for such purpose,
    there are authorized to be appropriated to the President
    $25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year
    1987 for use in carrying out this paragraph. Amounts appropriated
    under this subparagraph are authorized to remain available until
    expended.
      (C) Appropriations pursuant to subparagraph (B) may be referred
    to as the "Child Survival Fund".
      (3) The Congress recognizes that the promotion of primary health
    care is a major objective of the foreign assistance program. The
    Congress further recognizes that simple, relatively low cost means
    already exist to reduce incidence of communicable diseases among
    children, mothers, and infants. The promotion of vaccines for
    immunization, and salts for oral rehydration, therefore, is an
    essential feature of the health assistance program. To this end,
    the Congress expects the agency primarily responsible for
    administering subchapter I of this chapter to set as a goal the
    protection of not less than 80 percent of all children, in those
    countries in which such agency has established development
    programs, from immunizable diseases by January 1, 1991. Of the
    aggregate amounts made available for fiscal year 1987 to carry out
    paragraph (2) of this subsection (relating to the Child Survival
    Fund) and to carry out subsection (c) of this section (relating to
    development assistance for health), $50,000,000 shall be used to
    carry out this paragraph.
      (4) Relationship to other laws. - Assistance made available under
    this subsection and sections 2151b-2, 2151b-3, and 2151b-4 of this
    title, and assistance made available under part IV of subchapter II
    of this chapter to carry out the purposes of this subsection and
    the provisions cited in this paragraph, may be made available
    notwithstanding any other provision of law that restricts
    assistance to foreign countries, except for the provisions of this
    subsection, the provisions of law cited in this paragraph,
    subsection (f) of this section, section 2394-1 of this title, and
    provisions of law that limit assistance to organizations that
    support or participate in a program of coercive abortion or
    involuntary sterilization included under the Child Survival and
    Health Programs Fund heading in the Consolidated Appropriations
    Resolution, 2003 (Public Law 108-7).
    (d) Administration of assistance
      (1) Assistance under this part shall be administered so as to
    give particular attention to the interrelationship between (A)
    population growth, and (B) development and overall improvement in
    living standards in developing countries, and to the impact of all
    programs, projects, and activities on population growth. All
    appropriate activities proposed for financing under this part shall
    be designed to build motivation for smaller families through
    modification of economic and social conditions supportive of the
    desire for large families, in programs such as education in and out
    of school, nutrition, disease control, maternal and child health
    services, improvements in the status and employment of women,
    agricultural production, rural development, and assistance to the
    urban poor, and through community-based development programs which
    give recognition to people motivated to limit the size of their
    families. Population planning programs shall be coordinated with
    other programs aimed at reducing the infant mortality rate,
    providing better nutrition for pregnant women and infants, and
    raising the standard of living of the poor.
      (2) Since the problems of malnutrition, disease, and rapid
    population growth are closely related, planning for assistance to
    be provided under subsections (b) and (c) of this section and under
    section 2151a of this title shall be coordinated to the maximum
    extent practicable.
      (3) Assistance provided under this section shall emphasize low-
    cost integrated delivery systems for health, nutrition, and family
    planning for the poorest people, with particular attention to the
    needs of mothers and young children, using paramedical and
    auxiliary medical personnel, clinics and health posts, commercial
    distribution systems, and other modes of community outreach.
    (e) Research and analysis
      (1) Health and population research and analysis carried out under
    this chapter shall - 
        (A) be undertaken to the maximum extent practicable in
      developing countries by developing country personnel, linked as
      appropriate with private and governmental biomedical research
      facilities within the United States;
        (B) take account of the special needs of the poor people of
      developing countries in the determination of research priorities;
      and
        (C) make extensive use of field testing to adapt basic research
      to local conditions.

      (2) The President is authorized to study the complex factors
    affecting population growth in developing countries and to identify
    factors which might motivate people to plan family size or to space
    their children.
    (f) Prohibition on use of funds for performance or research
      respecting abortions or involuntary sterilization
      (1) None of the funds made available to carry out subchapter I of
    this chapter may be used to pay for the performance of abortions as
    a method of family planning or to motivate or coerce any person to
    practice abortions.
      (2) None of the funds made available to carry out subchapter I of
    this chapter may be used to pay for the performance of involuntary
    sterilizations as a method of family planning or to coerce or
    provide any financial incentive to any person to undergo
    sterilizations.
      (3) None of the funds made available to carry out subchapter I of
    this chapter may be used to pay for any biomedical research which
    relates, in whole or in part, to methods of, or the performance of,
    abortions or involuntary sterilization as a means of family
    planning.
    (g) Authorization of appropriations
      (1) There are authorized to be appropriated to the President, in
    addition to funds otherwise available for such purposes - 
        (A) $290,000,000 for fiscal year 1986 and $290,000,000 for
      fiscal year 1987 to carry out subsection (b) of this section; and
        (B) $205,000,000 for fiscal year 1986 and $180,000,000 for
      fiscal year 1987 to carry out subsection (c) of this section.

      (2) Funds appropriated under this subsection are authorized to
    remain available until expended.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 104, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93-559, Sec.
    4(1), Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94-161, title III, Sec.
    304, Dec. 20, 1975, 89 Stat. 857; Pub. L. 95-88, title I, Sec.
    103(a)-(c), Aug. 3, 1977, 91 Stat. 534; Pub. L. 95-424, title I,
    Sec. 104(a), Oct. 6, 1978, 92 Stat. 945; Pub. L. 96-53, title I,
    Sec. 102, Aug. 14, 1979, 93 Stat. 360; Pub. L. 96-533, title III,
    Sec. 302, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97-113, title III,
    Sec. 302, Dec. 29, 1981, 95 Stat. 1532; Pub. L. 98-473, title I,
    Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884,
    1903; Pub. L. 99-83, title III, Secs. 303-305(a), Aug. 8, 1985, 99
    Stat. 214; Pub. L. 99-529, title I, Sec. 103, title IV, Sec.
    404(1), Oct. 24, 1986, 100 Stat. 3011, 3019; Pub. L. 106-264, title
    I, Sec. 111(a), title II, Sec. 203, Aug. 19, 2000, 114 Stat. 751,
    759; Pub. L. 108-25, title III, Secs. 301(a)(1), 303(c), May 27,
    2003, 117 Stat. 728, 737.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Consolidated Appropriations Resolution, 2003, referred to in
    subsec. (c)(4), is Pub. L. 108-7, Feb. 20, 2003, 117 Stat. 11.
    Provisions under the heading "Child Survival and Health Programs
    Fund" in Pub. L. 108-7 appear at 117 Stat. 161 and are not
    classified to the Code.
      This chapter, referred to in subsec. (e)(1), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 98-473 is based on section 303 of H.R. 5119,
    Ninety-eighth Congress, as passed by the House of Representatives
    May 10, 1984, which was enacted into permanent law by Pub. L. 98-
    473.


-MISC2-
                                AMENDMENTS                            
      2003 - Subsec. (c)(4) to (7). Pub. L. 108-25 added par. (4) and
    struck out former pars. (4) to (7), which related to coordination
    between governments and organizations to prevent vertical
    transmission of HIV, prioritization of HIV/AIDS in foreign
    assistance program efforts, appropriation of funds for fiscal years
    2001 and 2002, and coordination in developing a comprehensive
    tuberculosis program.
      2000 - Subsec. (c)(4) to (7). Pub. L. 106-264 added pars. (4) to
    (7).
      1986 - Subsec. (c)(2)(B). Pub. L. 99-529, Sec. 103(b),
    substituted "$75,000,000 for fiscal year 1987" for "$25,000,000 for
    fiscal year 1987".
      Subsec. (c)(3). Pub. L. 99-529, Sec. 103(a), inserted provision
    allocating $50,000,000 of the amounts available for fiscal year
    1987 for carrying out par. (3).
      Subsec. (g)(1)(B). Pub. L. 99-529, Sec. 404(1), substituted
    "$180,000,000 for fiscal year 1987" for "$205,000,000 for fiscal
    year 1987".
      1985 - Subsec. (c)(2)(B). Pub. L. 99-83, Sec. 304, inserted
    provisions authorizing specific appropriations for fiscal years
    1986 and 1987.
      Subsec. (c)(3). Pub. L. 99-83, Sec. 305(a), added par. (3).
      Subsec. (g). Pub. L. 99-83, Sec. 303, in amending subsec. (g)
    generally, substituted in par. (1) provision authorizing
    appropriations of $290,000,000 and $205,000,000 to carry out
    subsecs. (b) and (c), respectively, for fiscal years 1986 and 1987
    for provisions authorizing $211,000,000 and $133,405,000 to carry
    out such subsecs. for fiscal years 1982 and 1983, and in par. (2)
    struck out provision that not less than 16 percent of available
    subsec. (b) appropriations or $38,000,000, whichever amount is
    less, be available in fiscal years 1982 an 1983 only for the United
    Nations Fund for Population Activities.
      1984 - Subsec. (c). Pub. L. 98-473 designated existing provisions
    as par. (1) and added par. (2).
      1981 - Subsec. (f)(3). Pub. L. 97-113, Sec. 302(b), added par.
    (3).
      Subsec. (g). Pub. L. 97-113, Sec. 302(a), substituted provision
    authorizing appropriations of $211,000,000 and $133,405,000 to
    carry out subsecs. (b) and (c) for fiscal years 1982 and 1983 for
    provision authorizing $238,000,000 and $145,300,000 to carry out
    such subsections for fiscal year 1981 and provision that not less
    than 16 percent of available subsec. (b) appropriations or
    $38,000,000, whichever amount is less, be available in fiscal years
    1982 and 1983 only for the United Nations Fund for Population
    Activities for provision making minimum of $3,000,000 available in
    fiscal year 1981 only to support the World Health Organization's
    Special Program of Research, Development and Research Training in
    Human Reproduction.
      1980 - Subsec. (b). Pub. L. 96-533, Sec. 302(a), made provision
    for information and services relating to and supporting natural
    family planning methods.
      Subsec. (g). Pub. L. 96-533, Sec. 302(b), substituted in par. (1)
    appropriations authorization of $238,000,000 for fiscal year 1981
    for authorization of $201,000,000 for fiscal year 1980 and made
    $3,000,000 available for World Health Organization's Special Human
    Reproduction Program, and in par. (2) appropriations authorization
    of $145,300,000 for fiscal year 1981 for authorization of
    $141,000,000 for fiscal year 1980, which made $4,000,000 available
    for development of John Sparkman Center for International Public
    Health Education at University of Alabama at Birmingham.
      1979 - Subsec. (d)(1). Pub. L. 96-53, Sec. 102(b), inserted
    provisions respecting use of community-based development programs.
      Subsec. (g)(1). Pub. L. 96-53, Sec. 102(a), substituted
    provisions authorizing appropriations of $201,000,000 for fiscal
    year 1980, for provisions authorizing appropriations of
    $224,745,000 for fiscal year 1979.
      Subsec. (g)(2). Pub. L. 96-53, Sec. 102(a), substituted
    provisions authorizing appropriations of $141,000,000 for fiscal
    year 1980, for provisions authorizing appropriations of
    $148,494,000 for fiscal year 1979, and inserted provisions relating
    to the Sparkman Center for International Public Health Education.
      1978 - Pub. L. 95-424 amended section generally placing greater
    emphasis on programs and efforts to change social and economic
    conditions which produce high birth rates.
      1977 - Subsec. (a). Pub. L. 95-88, Sec. 103(a), transferred to
    subsec. (b) provisions covering the President's authority to
    furnish assistance for health purpose and, in the provisions
    covering population planning remaining in subsec. (a), struck out
    provisions authorizing the appropriations of $145,000,000 for
    fiscal year 1974, $165,000,000 for fiscal year 1975, $243,100,000
    for fiscal year 1976, and $275,600,000 for fiscal year 1977, struck
    out provisions requiring that not less than 67 percent of the funds
    made available under this section be used for population planning,
    and inserted provisions authorizing an appropriation of
    $167,000,000 for fiscal year 1978.
      Subsec. (b). Pub. L. 95-88, Sec. 103(a), added subsec. (b),
    consisting of provisions transferred from subsec. (a) covering the
    President's authority to furnish assistance for health purposes,
    inserted references to disease prevention and environmental
    sanitation, and inserted provisions authorizing an appropriation of
    $107,700,000 for fiscal year 1978. Former subsec. (b) redesignated
    (c).
      Subsec. (c). Pub. L. 95-88, Sec. 103(b), redesignated former
    subsec. (b) as (c).
      Subsec. (d). Pub. L. 95-88, Sec. 103(c), added subsec. (d).
      1975 - Subsec. (a). Pub. L. 94-161, Sec. 304(1)-(3), designated
    existing provisions as subsec. (a), authorized appropriations of
    $243,100,000 and $275,600,000 for fiscal years 1976 and 1977, and
    prescribed minimum percentage (67) of funds available for any
    fiscal year to be used for population planning, either in separate
    programs or as an element of health programs.
      Subsec. (b). Pub. L. 94-161, Sec. 304(4), added subsec. (b).
      1974 - Pub. L. 93-559 increased appropriations authorization for
    fiscal year 1975 to $165,000,000 from $145,000,000.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 103(d) of Pub. L. 95-88 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall take effect on October 1, 1977."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                                 FINDINGS                             
      Pub. L. 106-264, title II, Sec. 202, Aug. 19, 2000, 114 Stat.
    758, provided that: "Congress makes the following findings:
        "(1) Since the development of antibiotics in the 1950s,
      tuberculosis has been largely controlled in the United States and
      the Western World.
        "(2) Due to societal factors, including growing urban decay,
      inadequate health care systems, persistent poverty, overcrowding,
      and malnutrition, as well as medical factors, including the
      HIV/AIDS epidemic and the emergence of multi-drug resistant
      strains of tuberculosis, tuberculosis has again become a leading
      and growing cause of adult deaths in the developing world.
        "(3) According to the World Health Organization - 
          "(A) in 1998, about 1,860,000 people worldwide died of
        tuberculosis-related illnesses;
          "(B) one-third of the world's total population is infected
        with tuberculosis; and
          "(C) tuberculosis is the world's leading killer of women
        between 15 and 44 years old and is a leading cause of children
        becoming orphans.
        "(4) Because of the ease of transmission of tuberculosis, its
      international persistence and growth pose a direct public health
      threat to those nations that had previously largely controlled
      the disease. This is complicated in the United States by the
      growth of the homeless population, the rate of incarceration,
      international travel, immigration, and HIV/AIDS.
        "(5) With nearly 40 percent of the tuberculosis cases in the
      United States attributable to foreign-born persons, tuberculosis
      will never be controlled in the United States until it is
      controlled abroad.
        "(6) The means exist to control tuberculosis through screening,
      diagnosis, treatment, patient compliance, monitoring, and ongoing
      review of outcomes.
        "(7) Efforts to control tuberculosis are complicated by several
      barriers, including - 
          "(A) the labor intensive and lengthy process involved in
        screening, detecting, and treating the disease;
          "(B) a lack of funding, trained personnel, and medicine in
        virtually every nation with a high rate of the disease;
          "(C) the unique circumstances in each country, which requires
        the development and implementation of country-specific
        programs; and
          "(D) the risk of having a bad tuberculosis program, which is
        worse than having no tuberculosis program because it would
        significantly increase the risk of the development of more
        widespread drug-resistant strains of the disease.
        "(8) Eliminating the barriers to the international control of
      tuberculosis through a well-structured, comprehensive, and
      coordinated worldwide effort would be a significant step in
      dealing with the increasing public health problem posed by the
      disease."

        PROGRESS REPORT ON IMPLEMENTATION OF IMMUNIZATION AND ORAL
                      REHYDRATION PROMOTION PROGRAMS
      Section 305(b) of Pub. L. 99-83 provided that: "Each annual
    report required by section 634 of the Foreign Assistance Act of
    1961 [22 U.S.C. 2394] shall describe the progress achieved during
    the preceding fiscal year in carrying out section 104(c)(3) of such
    Act [22 U.S.C. 2151b(c)(3)]."

-End-



-CITE-
    22 USC Sec. 2151b-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151b-1. Assistance for malaria prevention, treatment,
      control, and elimination

-STATUTE-
    (a) Assistance
      (1) In general
        The Administrator of the United States Agency for International
      Development, in coordination with the heads of other appropriate
      Federal agencies and nongovernmental organizations, shall provide
      assistance for the establishment and conduct of activities
      designed to prevent, treat, control, and eliminate malaria in
      countries with a high percentage of malaria cases.
      (2) Consideration of interaction among epidemics
        In providing assistance pursuant to paragraph (1), the
      Administrator should consider the interaction among the epidemics
      of HIV/AIDS, malaria, and tuberculosis.
      (3) Dissemination of information requirement
        Activities referred to in paragraph (1) shall include the
      dissemination of information relating to the development of
      vaccines and therapeutic agents for the prevention of malaria
      (including information relating to participation in, and the
      results of, clinical trials for such vaccines and agents
      conducted by United States Government agencies) to appropriate
      officials in such countries.
    (b) Authorization of appropriations
      (1) In general
        There are authorized to be appropriated to carry out subsection
      (a) of this section $50,000,000 for each of the fiscal years 2001
      and 2002.
      (2) Availability
        Amounts appropriated pursuant to the authorization of
      appropriations under paragraph (1) are authorized to remain
      available until expended.

-SOURCE-
    (Pub. L. 106-570, title I, Sec. 103, Dec. 27, 2000, 114 Stat.
    3039.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Assistance for International
    Malaria Control Act and also as part of the International Malaria
    Control Act of 2000, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.


-MISC1-
                                 FINDINGS                             
      Pub. L. 106-570, title I, Sec. 102, Dec. 27, 2000, 114 Stat.
    3039, provided that: "Congress makes the following findings:
        "(1) The World Health Organization estimates that there are
      300,000,000 to 500,000,000 cases of malaria each year.
        "(2) According to the World Health Organization, more than
      1,000,000 persons are estimated to die due to malaria each year.
        "(3) According to the National Institutes of Health, about 40
      percent of the world's population is at risk of becoming
      infected.
        "(4) About half of those who die each year from malaria are
      children under 9 years of age.
        "(5) Malaria kills one child each 30 seconds.
        "(6) Although malaria is a public health problem in more than
      90 countries, more than 90 percent of all malaria cases are in
      sub-Saharan Africa.
        "(7) In addition to Africa, large areas of Central and South
      America, Haiti and the Dominican Republic, the Indian
      subcontinent, Southeast Asia, and the Middle East are high risk
      malaria areas.
        "(8) These high risk areas represent many of the world's
      poorest nations.
        "(9) Malaria is particularly dangerous during pregnancy. The
      disease causes severe anemia and is a major factor contributing
      to maternal deaths in malaria endemic regions.
        "(10) 'Airport malaria', the importing of malaria by
      international aircraft and other conveyances, is becoming more
      common, and the United Kingdom reported 2,364 cases of malaria in
      1997, all of them imported by travelers.
        "(11) In the United States, of the 1,400 cases of malaria
      reported to the Centers for Disease Control and Prevention in
      1998, the vast majority were imported.
        "(12) Between 1970 and 1997, the malaria infection rate in the
      United States increased by about 40 percent.
        "(13) Malaria is caused by a single-cell parasite that is
      spread to humans by mosquitoes.
        "(14) No vaccine is available and treatment is hampered by
      development of drug-resistant parasites and insecticide-resistant
      mosquitoes."

-End-



-CITE-
    22 USC Sec. 2151b-2                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151b-2. Assistance to combat HIV/AIDS

-STATUTE-
    (a) Finding
      Congress recognizes that the alarming spread of HIV/AIDS in
    countries in sub-Saharan Africa, the Caribbean, and other
    developing countries is a major global health, national security,
    development, and humanitarian crisis.
    (b) Policy
      It is a major objective of the foreign assistance program of the
    United States to provide assistance for the prevention, treatment,
    and control of HIV/AIDS. The United States and other developed
    countries should provide assistance to countries in sub-Saharan
    Africa, the Caribbean, and other countries and areas to control
    this crisis through HIV/AIDS prevention, treatment, monitoring, and
    related activities, particularly activities focused on women and
    youth, including strategies to protect women and prevent mother-to-
    child transmission of the HIV infection.
    (c) Authorization
      (1) In general
        Consistent with section 2151b(c) of this title, the President
      is authorized to furnish assistance, on such terms and conditions
      as the President may determine, for HIV/AIDS, including to
      prevent, treat, and monitor HIV/AIDS, and carry out related
      activities, in countries in sub-Saharan Africa, the Caribbean,
      and other countries and areas.
      (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, and other countries and areas affected by
      the HIV/AIDS pandemic.
      (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 foreign countries, appropriate
      governmental and nongovernmental organizations, and relevant
      executive branch agencies.
    (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, reducing sexual violence
        and coercion, including child marriage, widow inheritance, and
        polygamy, and where appropriate, use of condoms;
          (B) assistance to establish and implement culturally
        appropriate HIV/AIDS education and prevention programs that
        focus on helping individuals avoid infection of HIV/AIDS,
        implemented through nongovernmental organizations, including
        faith-based and community-based organizations, particularly
        those 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);
          (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 ensure a safe blood supply and sterile
        medical equipment;
          (G) assistance to help avoid substance abuse and intravenous
        drug use that can lead to HIV infection; and
          (H) assistance for the purpose of increasing women's access
        to employment opportunities, income, productive resources, and
        microfinance programs, where appropriate.
      (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; and
          (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, nutritional support, and other
        treatment modalities.
      (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; and
          (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.
      (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) 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 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; and
          (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.
      (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.
    (e) 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 International Relations 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, section 2151b-3 of this title, and section 2151b-4 of
        this title;
          (B) a description of the programs established pursuant to
        such sections; and
          (C) a detailed assessment of the impact of programs
        established pursuant to such sections, including - 
            (i)(I) the effectiveness of such programs in reducing the
          spread of the HIV infection, particularly in women and girls,
          in reducing mother-to-child transmission of the HIV
          infection, and in reducing mortality rates from HIV/AIDS; and
            (II) the number of patients currently receiving treatment
          for AIDS in each country that receives assistance under this
          chapter.
            (ii) the progress made toward improving health care
          delivery systems (including the training of adequate numbers
          of staff) and infrastructure to ensure increased access to
          care and treatment;
            (iii) with respect to tuberculosis, the increase in the
          number of people treated and the increase in number of
          tuberculosis patients cured through each program, project, or
          activity receiving United States foreign assistance for
          tuberculosis control purposes; and
            (iv) with respect to malaria, the increase in the number of
          people treated and the increase in number of malaria patients
          cured through each program, project, or activity receiving
          United States foreign assistance for malaria control
          purposes.
    (f) Funding limitation
      Of the funds made available to carry out this section in any
    fiscal year, not more than 7 percent may be used for the
    administrative expenses of the United States Agency for
    International Development in support of activities described in
    section 2151b(c) of this title, this section, section 2151b-3 of
    this title, and section 2151b-4 of this title. Such amount shall be
    in addition to other amounts otherwise available for such purposes.
    (g) 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 104A, as added Pub. L. 108-25, title
    III, Sec. 301(a)(2), May 27, 2003, 117 Stat. 728.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (e)(2)(C)(i)(II) and
    (g)(4), was in the original "this Act", meaning Pub. L. 87-195,
    Sept. 4, 1961, 75 Stat. 424, as amended, known as the Foreign
    Assistance Act of 1961. For complete classification of this Act to
    the Code, see Short Title note set out under section 2151 of this
    title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151b-3                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151b-3. Assistance to combat tuberculosis

-STATUTE-
    (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, including the detection of
    at least 70 percent of the cases of infectious tuberculosis, and
    the cure of at least 85 percent of the cases detected, not later
    than December 31, 2005, in those countries classified by the World
    Health Organization as among the highest tuberculosis burden, and
    not later than December 31, 2010, in all countries in which the
    United States Agency for International Development has established
    development programs.
    (c) Authorization
      To carry out this section and consistent with section 2151b(c) of
    this title, the President is authorized to furnish assistance, on
    such terms and conditions as the President may determine, for the
    prevention, treatment, control, and elimination of tuberculosis.
    (d) Coordination
      In carrying out this section, the President shall coordinate with
    the World Health Organization, the Global Fund to Fight AIDS,
    Tuberculosis, and Malaria, and other organizations with respect to
    the development and implementation of a comprehensive tuberculosis
    control program.
    (e) Priority to DOTS coverage
      In furnishing assistance under subsection (c) of this section,
    the President shall give priority to activities that increase
    Directly Observed Treatment Short-course (DOTS) coverage and
    treatment of multi-drug resistant tuberculosis where needed using
    DOTS-Plus, including funding for the Global Tuberculosis Drug
    Facility, the Stop Tuberculosis Partnership, and the Global
    Alliance for TB Drug Development. In order to meet the requirement
    of the preceding sentence, the President should ensure that not
    less than 75 percent of the amount made available to carry out this
    section for a fiscal year should be expended for antituberculosis
    drugs, supplies, direct patient services, and training in diagnosis
    and treatment for Directly Observed Treatment Short-course (DOTS)
    coverage and treatment of multi-drug resistant tuberculosis using
    DOTS-Plus, including substantially increased funding for the Global
    Tuberculosis Drug Facility.
    (f) 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.
      (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 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 104B, as added Pub. L. 108-25, title
    III, Sec. 302(a), May 27, 2003, 117 Stat. 734.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151b-4                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151b-4. Assistance to combat malaria

-STATUTE-
    (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,
    and cure of malaria.
    (c) Authorization
      To carry out this section and consistent with section 2151b(c) of
    this title, the President is authorized to furnish assistance, on
    such terms and conditions as the President may determine, for the
    prevention, treatment, control, and elimination of malaria.
    (d) Coordination
      In carrying out this section, the President shall coordinate with
    the World Health Organization, the Global Fund to Fight AIDS,
    Tuberculosis, and Malaria, the Department of Health and Human
    Services (the Centers for Disease Control and Prevention and the
    National Institutes of Health), and other organizations with
    respect to the development and implementation of a comprehensive
    malaria control program.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 104C, as added Pub. L. 108-25, title
    III, Sec. 303(a), May 27, 2003, 117 Stat. 736.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151c. Education and human resources development

-STATUTE-
    (a) General authority
      In order to reduce illiteracy, to extend basic education and to
    increase manpower training in skills related to development, the
    President is authorized to furnish assistance on such terms and
    conditions as he may determine, for education, public
    administration, and human resource development. There are
    authorized to be appropriated to the President for the purposes of
    this section, in addition to funds otherwise available for such
    purposes, $180,000,000 for fiscal year 1986 and $180,000,000 for
    fiscal year 1987, which are authorized to remain available until
    expended.
    (b) Scope of assistance programs
      Assistance provided under this section shall be used primarily to
    expand and strengthen nonformal education methods, especially those
    designed to improve productive skills of rural families and the
    urban poor and to provide them with useful information; to increase
    the relevance of formal education systems to the needs of the poor,
    especially at the primary level, through reform of curricula,
    teaching materials, and teaching methods, and improved teacher
    training; and to strengthen the management capabilities of
    institutions which enable the poor to participate in development.
    Assistance under this section shall also be provided for advanced
    education and training of people of developing countries in such
    disciplines as are required for planning and implementation of
    public and private development activities.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 105, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93-559, Sec. 5,
    Dec. 30, 1974, 88 Stat. 1796; Pub. L. 94-161, title III, Sec. 305,
    Dec. 20, 1975, 89 Stat. 858; Pub. L. 95-88, title I, Sec. 104, Aug.
    3, 1977, 91 Stat. 535; Pub. L. 95-424, title I, Sec. 105, Oct. 6,
    1978, 92 Stat. 947; Pub. L. 96-53, title I, Secs. 103, 122, Aug.
    14, 1979, 93 Stat. 360, 366; Pub. L. 96-533, title III, Sec. 303,
    Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97-113, title III, Sec. 303,
    Dec. 29, 1981, 95 Stat. 1532; Pub. L. 99-83, title III, Sec. 306,
    title XII, Sec. 1211(a)(1), Aug. 8, 1985, 99 Stat. 215, 279; Pub.
    L. 99-440, title II, Sec. 201(a), Oct. 2, 1986, 100 Stat. 1094;
    Pub. L. 99-631, Sec. 1(b)(1), Nov. 7, 1986, 100 Stat. 3519; Pub. L.
    101-513, title V, Sec. 562(d)(1), Nov. 5, 1990, 104 Stat. 2031.)


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-513 struck out par. (1)
    designation and par. (2) which authorized use of appropriations to
    finance education and training for victims of apartheid, for
    scholarships for students pursuing secondary school education in
    South Africa, and to provide in-service teacher training programs
    in South Africa.
      1986 - Subsec. (b). Pub. L. 99-440, Sec. 201(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b)(2)(C)(i). Pub. L. 99-631 substituted "in-service" for
    "inservice".
      1985 - Subsec. (a). Pub. L. 99-83, Sec. 306, substituted "for the
    purposes of this section, in addition to funds otherwise available
    for such purposes, $180,000,000 for fiscal year 1986 and
    $180,000,000 for fiscal year 1987" for "for purposes of this
    section, in addition to funds otherwise available for such
    purposes, $103,600,000 for the fiscal year 1982 and $103,600,000
    for the fiscal year 1983".
      Pub. L. 99-83, Sec. 1211(a)(1), struck out provisions relating to
    scholarships for South African students for fiscal years 1982 and
    1983.
      1981 - Subsec. (a). Pub. L. 97-113 substituted appropriations
    authorizations of $103,600,000 for fiscal years 1982 and 1983 for
    such authorization of $101,000,000 for fiscal year 1981 and
    inserted provision for financing of South African scholarships for
    education in the United States.
      1980 - Subsec. (a). Pub. L. 96-533 substituted appropriations
    authorization of $101,000,000 for fiscal year 1981 for such
    authorization of $105,000,000 for fiscal year 1980.
      1979 - Subsec. (a). Pub. L. 96-53, Sec. 103(a), substituted
    provisions authorizing appropriations of $105,000,000 for fiscal
    year 1980, for provisions authorizing appropriations of
    $109,036,000 for fiscal year 1979.
      Subsec. (b). Pub. L. 96-53, Sec. 103(b), inserted provisions
    relating to assistance for advanced education and training.
      Subsec. (c). Pub. L. 96-53, Sec. 122, struck out subsec. (c)
    which authorized availability of appropriations for fiscal years
    1977, and 1978 for educational assistance for southern Africa.
      1978 - Subsec. (a). Pub. L. 95-424 substituted "$109,036,000 for
    the fiscal year 1979, which amount is" for "$101,800,000 for the
    fiscal year 1977 and $84,900,000 for the fiscal year 1978, which
    amounts are".
      1977 - Subsec. (a). Pub. L. 95-88, Sec. 104(a), struck out
    provisions authorizing appropriations of $90,000,000 for fiscal
    year 1974, $92,000,000 for fiscal year 1975, and $89,200,000 for
    fiscal year 1976, and inserted provisions authorizing an
    appropriation of $84,900,000 for fiscal year 1978.
      Subsec. (c). Pub. L. 95-88, Sec. 104(b), inserted "for the fiscal
    year 1977, and not less than $1,647,000 shall be available for the
    fiscal year 1978," after "shall be available".
      1975 - Subsec. (a). Pub. L. 94-161, Sec. 305(a)(1), (2),
    designated existing provisions as subsec. (a) and authorized
    appropriation of $89,200,000 and $101,800,000 for fiscal years 1976
    and 1977, respectively.
      Subsecs. (b), (c), Pub. L. 94-161, Sec. 305(a)(3), added subsecs.
    (b) and (c).
      1974 - Pub. L. 93-559 increased appropriations authorization for
    fiscal year 1975 to $92,000,000 from $90,000,000.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 1(c) of Pub. L. 99-631 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and sections
    2151n, 2346d, 5001, 5012 to 5016, 5019, 5034, 5035, 5039, 5053,
    5056, 5059, 5062 to 5064, 5067 to 5072, 5081, 5082, 5091, 5092,
    5095, 5100, 5101, and 5112 of this title] shall be deemed to have
    taken effect upon the enactment of the Comprehensive Anti-Apartheid
    Act of 1986 [Oct. 2, 1986]."

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151d. Development of indigenous energy resources

-STATUTE-
    (a) Congressional statement of findings
      (1)(A) The Congress finds that energy development and production
    are vital elements in the development process, that energy
    shortages in developing countries severely limit the development
    process in such countries, that two-thirds of the developing
    countries which import oil depend on it for at least 90 percent of
    the energy which their economies require, and that the dramatic
    increase in world oil prices since 1973 has resulted in
    considerable economic hardship for many developing countries. The
    Congress is concerned that the value and purpose of much of the
    assistance provided to developing countries under sections 2151a,
    2151b, and 2151c of this title are undermined by the inability of
    many developing countries to satisfy their energy requirements.
    Unless the energy deficit of the developing countries can be
    narrowed by more fully exploiting indigenous sources of energy such
    as oil, natural gas, and coal, scarce foreign exchange will
    increasingly have to be diverted to oil imports, primarily to the
    detriment of long-term development and economic growth.
      (B) The Congress recognizes that many developing countries lack
    access to the financial resources and technology necessary to
    locate, explore, and develop indigenous energy resources.
      (C) The Congress declares that there is potential for at least a
    moderate increase by 1990 in the production of energy for
    commercial use in the developing countries which are not members of
    the Organization of Petroleum Exporting Countries. In addition,
    there is a compelling need for vigorous efforts to improve the
    available data on the location, scale, and commercial
    exploitability of potential oil, natural gas, and coal reserves in
    developing countries, especially those which are not members of the
    Organization of Petroleum Exporting Countries. The Congress further
    declares that there are many benefits to be gained by the
    developing countries and by the United States and other developed
    countries through expanded efforts to expedite the location,
    exploration, and development of potential sources of energy in
    developing countries. These benefits include, but are not limited
    to, the following:
        (i) The world's energy supply would be increased and the fear
      of abrupt depletion would be lessened with new energy production.
      This could have a positive impact upon energy prices in
      international markets as well as a positive effect upon the
      balance of payments problems of many developing countries.
        (ii) Diversification of the world's supplies of energy from
      fossil fuels would make all countries, developing and developed,
      less susceptible to supply interruptions and arbitrary production
      and pricing policies.
        (iii) Even a moderate increase in energy production in the
      developing countries would improve their ability to expand
      commercial trade, foreign investment, and technology transfer
      possibilities with the United States and other developed
      countries.

      (D) Assistance for the production of energy from indigenous
    resources, as authorized by subsection (b) of this section, would
    be of direct benefit to the poor in developing countries because of
    the overwhelming impact of imported energy costs upon the lives of
    the poor and their ability to participate in development.
      (2) The Congress also finds that energy production from
    renewable, decentralized sources and energy conservation are vital
    elements in the development process. Inadequate access by the poor
    to energy sources as well as the prospect of depleted fossil fuel
    reserves and higher energy prices require an enhanced effort to
    expand the energy resources of developing countries through greater
    emphasis on renewable sources. Renewable and decentralized energy
    technologies have particular applicability for the poor, especially
    in rural areas.
    (b) General assistance authority; cooperative programs in energy
      production and conservation; program goals
      (1) In order to help developing countries alleviate their energy
    problems by improving their ability to use indigenous energy
    resources to produce the energy needed by their economies, the
    President is authorized to furnish assistance, on such terms and
    conditions as he may determine, to enable such countries to prepare
    for and undertake development of their energy resources. Such
    assistance may include data collection and analysis, the training
    of skilled personnel, research on and development of suitable
    energy sources, and pilot projects to test new methods of energy
    production.
      (2) The President is authorized to furnish assistance under this
    part for cooperative programs with developing countries in energy
    production and conservation, through research on and development
    and use of small-scale, decentralized, renewable energy sources for
    rural areas carried out as integral parts of rural development
    efforts in accordance with section 2151a of this title. Such
    programs shall also be directed toward the earliest practicable
    development and use of energy technologies which are
    environmentally acceptable, require minimum capital investment, are
    most acceptable to and affordable by the people using them, are
    simple and inexpensive to use and maintain, and are transferable
    from one region of the world to another. Such programs may include
    research on and the development, demonstration, and application of
    suitable energy technologies (including use of wood); analysis of
    energy uses, needs, and resources; training and institutional
    development; and scientific interchange.
    (c) Administrative coordination of planning and implementation of
      programs
      The agency primarily responsible for administering subchapter I
    of this chapter and the Department of Energy shall coordinate with
    one another, to the maximum extent possible, the planning and
    implementation of energy programs under this part.
    (d) Assistance for programs of technical cooperation and
      development, research, etc.
      The President is authorized to furnish assistance, on such terms
    and conditions as he may determine, for the following activities,
    to the extent that such activities are not authorized by sections
    2151a, 2151b, and 2151c of this title:
        (1) programs of technical cooperation and development,
      particularly the development efforts of United States private and
      voluntary agencies and regional and international development
      organizations;
        (2) programs of research into, and evaluation of, the process
      of economic development in less developed countries and areas,
      into the factors affecting the relative success and costs of
      development activities, and into the means, techniques, and such
      other aspects of development assistance as the President may
      determine in order to render such assistance of increasing value
      and benefit;
        (3) programs of reconstruction following natural or manmade
      disasters and programs of disaster preparedness, including the
      prediction of and contingency planning for natural disasters
      abroad;
        (4) programs designed to help solve special development
      problems in the poorest countries and to make possible proper
      utilization of infrastructure and related projects funded with
      earlier United States assistance; and
        (5) programs of urban development, with particular emphasis on
      small, labor intensive enterprises, marketing systems for small
      producers, and financial and other institutions which enable the
      urban poor to participate in the economic and social development
      of their country.
    (e) Authorization of appropriations
      (1) There are authorized to be appropriated to the President for
    purposes of this section, in addition to funds otherwise available
    for such purposes, $207,000,000 for fiscal year 1986 and
    $207,000,000 for fiscal year 1987.
      (2) Amounts appropriated under this section are authorized to
    remain available until expended.
    (f) Financing cooperative projects among United States, Israel, and
      developing countries
      Of the amounts authorized to be appropriated to carry out this
    part, $5,000,000 for fiscal year 1986 and $5,000,000 for fiscal
    year 1987 shall be used to finance cooperative projects among the
    United States, Israel, and developing countries.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 106, as added Pub. L. 94-161, title
    III, Sec. 306(2), Dec. 20, 1975, 89 Stat. 858; amended Pub. L. 95-
    88, title I, Sec. 105, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95-424,
    title I, Sec. 106, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96-53, title
    I, Secs. 104(b), 105, Aug. 14, 1979, 93 Stat. 360, 362; Pub. L. 96-
    533, title III, Sec. 304(b)-(f), Dec. 16, 1980, 94 Stat. 3146;
    Pub. L. 97-113, title III, Sec. 304, Dec. 29, 1981, 95 Stat. 1533;
    Pub. L. 99-83, title III, Sec. 307, title XII, Sec. 1211(a)(2),
    Aug. 8, 1985, 99 Stat. 215, 279.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      A prior section 2151d, Pub. L. 87-195, pt. I, Sec. 106, as added
    Pub. L. 93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 715, authorized
    additional appropriations of $53,000,000 for fiscal years 1974, and
    1975, for assistance to solve selected development problems in such
    fields as transportation, power, industry, urban development, and
    export development, prior to repeal by section 306(1) of Pub. L. 94-
    161.

                                AMENDMENTS                            
      1985 - Subsec. (b)(1). Pub. L. 99-83, Sec. 1211(a)(2), struck out
    par. (A) designation, and struck out par. (B) which related to use
    of funds in fiscal year 1981 for geological and geophysical survey
    work.
      Subsec. (e)(1). Pub. L. 99-83, Sec. 307(a), amended par. (1)
    generally, substituting provisions authorizing appropriations of
    $207,000,000 for fiscal years 1986 and 1987 for provisions
    authorizing appropriations of $147,200,000 for fiscal years 1982
    and 1983.
      Subsec. (f). Pub. L. 99-83, Sec. 307(b), added subsec. (f).
      1981 - Subsec. (d)(3). Pub. L. 97-113, Sec. 304(a), authorized
    assistance for programs of disaster preparedness, including the
    prediction of and contingency planning for natural disasters
    abroad.
      Subsec. (e)(1). Pub. L. 97-113, Sec. 304(b), substituted
    appropriations of $147,200,000 for fiscal years 1982 and 1983, for
    appropriations of $140,000,000 for fiscal year 1981.
      1980 - Subsec. (a). Pub. L. 96-533, Sec. 304(b), designated
    existing provisions as subpar. (1)(A), substituted subpar. (B),
    (C), and (D) for par. (2), (3), and (4) designations, substituted
    in subpar. (C), cl. (i), (ii), and (iii) for (A), (B), and (C)
    designations, and added par. (2).
      Subsec. (b). Pub. L. 96-533, Sec. 304(c), (d), designated
    existing provisions as subpar. (1)(A), substituted subpar. (B) for
    par. (2) designation, substituted in subpar. (1)(B) "fiscal year
    1981 shall be used for purposes of subparagraph (A)" for "fiscal
    year 1980 shall be used for purposes of paragraph (1)" and added
    par. (2).
      Subsecs. (c) to (e). Pub. L. 96-533, Sec. 304(d)-(f), added
    subsec. (c), redesignated former subsecs. (c) and (d) as (d) and
    (e), respectively, and in subsec. (e) designated text as pars. (1)
    and (2), and in par. (1) as so designated, substituted
    appropriations authorization of "$140,000,000 for the fiscal year
    1981" for such appropriation of "$125,000,000 for the fiscal year
    1980".
      1979 - Subsecs. (a), (b). Pub. L. 96-53, Sec. 104(b)(2), (3),
    added subsecs. (a) and (b). Former subsecs. (a) and (b)
    redesignated (c) and (d), respectively.
      Subsec. (c). Pub. L. 96-53, Sec. 104(b)(1), (2), redesignated
    former subsec. (a) as (c), struck out par. (2), relating to
    programs to increase energy production and conservation, and
    redesignated pars. (3) to (6) as (2) to (5), respectively.
      Subsec. (d). Pub. L. 96-53, Secs. 104(b)(2), 105, redesignated
    former subsec. (b) as (d) and substituted provisions authorizing
    appropriations for fiscal year 1980 of $125,000,000, for provisions
    authorizing appropriations for fiscal year 1979 of $126,244,000,
    and setting forth requirements for appropriations available to
    private voluntary agencies of the United States.
      1978 - Subsec. (b). Pub. L. 95-424 substituted "$126,244,000 for
    the fiscal year 1979, which amount is" for "$104,500,000 for the
    fiscal year 1977 and $105,000,000 for the fiscal year 1978, which
    amounts are".
      1977 - Subsec. (b). Pub. L. 95-88 struck out provisions
    authorizing an appropriation of $99,550,000 for fiscal year 1976
    and inserted provisions authorizing an appropriation of
    $105,000,000 for fiscal year 1978.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151e. Appropriate technology

-STATUTE-
      (a) In carrying out activities under this part, the President
    shall place special emphasis on the use of relatively smaller, cost-
    saving, labor-using technologies that are generally most
    appropriate for the small farms, small businesses, and small
    incomes of the poor.
      (b) Funds made available to carry out this part should be used to
    the extent practicable for activities in the field of appropriate
    technology, including support of an expanded and coordinated
    private effort to promote the development and dissemination of
    appropriate technology in developing countries.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 107, as added Pub. L. 94-161, title
    III, Sec. 306(2), Dec. 20, 1975, 89 Stat. 859; amended Pub. L. 95-
    424, title I, Sec. 107, Oct. 6, 1978, 92 Stat. 947.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2151e, Pub. L. 87-195, pt. I, Sec. 107, as added
    Pub. L. 93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 715, authorized
    additional appropriations of $39,000,000 for fiscal years 1974, and
    1975, for assistance to select countries and organizations in
    support of general economy of recipient countries as for
    development programs conducted by private international
    organizations, prior to repeal by section 306(1) of Pub. L. 94-161.
    See section 2151d of this title.

                                AMENDMENTS                            
      1978 - Pub. L. 95-424 designated existing provisions as subsec.
    (a), substituted provisions mandating that the President place
    special emphasis on the use of relatively smaller, cost-saving,
    labor-using technologies generally more appropriate for small
    farms, small businesses and small incomes of the poor, for
    provisions authorizing the use of $20,000,000 for activities in the
    field of intermediate technology, directing the Agency for
    International Development to prepare a proposal to carry out this
    section and to keep Congress informed, and to implement such
    proposal, and added subsec. (b).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151f. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. I, Sec. 108, as added Pub. L. 98-
    151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972 and amended,
    which related to microenterprise development credits, was
    renumbered section 256 of Pub. L. 87-195 by Pub. L. 108-484, Sec.
    4(a), (b), Dec. 23, 2004, 118 Stat. 3926, 3927, and transferred to
    section 2212 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2151f, Pub. L. 87-195, pt. I, Sec. 108, as added
    Pub. L. 93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 715, related to
    application of subpart I, II, or X of part II of this subchapter to
    assistance under this part, prior to repeal by Pub. L. 95-424,
    title I, Sec. 102(g)(2)(K)(i), Oct. 6, 1978, 92 Stat. 943, eff.
    Oct. 1, 1978.

-End-



-CITE-
    22 USC Sec. 2151g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151g. Transfer of funds

-STATUTE-
      Whenever the President determines it to be necessary for the
    purposes of this part, not to exceed 15 per centum of the funds
    made available for any provision of this part may be transferred
    to, and consolidated with, the funds made available for any other
    provision of this part, and may be used for any of the purposes for
    which such funds may be used, except that the total in the
    provision for the benefit of which the transfer is made shall not
    be increased by more than 25 per centum of the amount of funds made
    available for such provision. The authority of sections 2360(a) and
    2364(a) of this title may not be used to transfer funds made
    available under this part for use for purposes of any other
    provision of this chapter, except that the authority of such
    sections may be used to transfer for the purposes of section 2427
    of this title not to exceed five per centum of the amount of funds
    made available for section 2427(a)(1) of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 109, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 95-88, title I,
    Sec. 129(b), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title I,
    Sec. 102(g)(2)(K)(ii), Oct. 6, 1978, 92 Stat. 943.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-424 substituted "Whenever" for "Notwithstanding
    section 2151f of this title, whenever".
      1977 - Pub. L. 95-88 provided that the authority under sections
    2360(a) and 2364(a) of this title may be used to transfer for the
    purposes of section 2427 of this title not to exceed five per
    centum of the amount of funds made available for section 2427(a)(1)
    of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151h. Cost-sharing

-STATUTE-
      No assistance shall be furnished by the United States Government
    to a country under sections 2151a through 2151d of this title until
    the country provides assurances to the President, and the President
    is satisfied, that such country will provide at least 25 per centum
    of the costs of the entire program, project, or activity with
    respect to which such assistance is to be furnished, except that
    such costs borne by such country may be provided on an "inkind"
    basis.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 110, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94-161, title
    III, Sec. 307, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95-88, title I,
    Sec. 106, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95-424, title I, Sec.
    112(b), Oct. 6, 1978, 92 Stat. 949; Pub. L. 99-83, title XII, Sec.
    1211(a)(3), Aug. 8, 1985, 99 Stat. 279.)


-MISC1-
       REFERENCES TO SECTIONS 2151A THROUGH 2151D DEEMED TO INCLUDE
                               SECTION 2293
      References to sections 2151a through 2151d of this title are
    deemed to include a reference to section 2293 of this title. See
    section 2293(d)(1) of this title.

                                AMENDMENTS                            
      1985 - Pub. L. 99-83 struck out subsec. (a) designation, and
    struck out subsec. (b) which set forth funding limits for grant
    assistance under sections 2151a to 2151d of this title.
      1978 - Subsec. (a). Pub. L. 94-424 struck out provision,
    following "on an 'in-kind' basis", relating to waiver by the
    President of cost-sharing requirement in case of a project or
    activity in a country determined to be relatively least developed
    by the agency primarily responsible for administering subchapter I
    of this chapter.
      Subsec. (b). Pub. L. 95-424 substituted "No" for "Except for
    grants to countries determined to be relatively least developed
    based on the United Nations Conference on Trade and Development
    list of 'relatively least developed countries', no".
      1977 - Subsec. (a). Pub. L. 95-88, Sec. 106(1), substituted
    "sections 2151a through 2151d" for "sections 2151a through 2151e".
      Subsec. (b). Pub. L. 95-88, Sec. 106(2), inserted provisions
    creating an exception for grants to countries determined to be
    relatively least developed based on the United Nations Conference
    on Trade and Development list of "relatively least developed
    countries" and substituted "sections 2151a through 2151d" for
    "sections 2151a through 2151e".
      1975 - Subsec. (a). Pub. L. 94-161 authorized Presidential waiver
    of cost-sharing as a condition for being furnished project or
    activity assistance in the case of a relatively least developed
    country.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151i. Development and use of cooperatives

-STATUTE-
      In order to strengthen the participation of the rural and urban
    poor in their country's development, high priority shall be given
    to increasing the use of funds made available under this chapter
    for technical and capital assistance in the development and use of
    cooperatives in the less developed countries which will enable and
    encourage greater numbers of the poor to help themselves toward a
    better life. In meeting the requirement of the preceding sentence,
    specific priority shall be given to the following:
      (1) Agriculture
        Technical assistance to low income farmers who form and develop
      member-owned cooperatives for farm supplies, marketing and value-
      added processing.
      (2) Financial systems
        The promotion of national credit union systems through credit
      union-to-credit union technical assistance that strengthens the
      ability of low income people and micro-entrepreneurs to save and
      to have access to credit for their own economic advancement.
      (3) Infrastructure
        The support of rural electric and telecommunication
      cooperatives for access for rural people and villages that lack
      reliable electric and telecommunications services.
      (4) Housing and community services
        The promotion of community-based cooperatives which provide
      employment opportunities and important services such as health
      clinics, self-help shelter, environmental improvements, group-
      owned businesses, and other activities.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 111, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94-161, title
    III, Sec. 308, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95-88, title I,
    Sec. 107(a), Aug. 3, 1977, 91 Stat. 535; Pub. L. 96-53, title I,
    Sec. 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 106-309, title IV,
    Sec. 401(c)(2), Oct. 17, 2000, 114 Stat. 1097.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-309 inserted at end "In meeting the
    requirement of the preceding sentence, specific priority shall be
    given to the following:" and pars. (1) to (4).
      1979 - Pub. L. 96-53 struck out provisions relating to
    availability of funds for fiscal year 1978 for technical
    assistance.
      1977 - Pub. L. 95-88 substituted "technical and capital
    assistance in the development and use of cooperatives" for
    "assistance in the development of cooperatives" and "$10,000,000 of
    the funds made available under this chapter for the fiscal year
    1978 may be used only for technical assistance" for "$20,000,000 of
    such funds shall be used during the fiscal years 1976 and 1977,
    including the period from July 1, 1976, through September 30, 1976,
    only for technical assistance".
      1975 - Pub. L. 94-161 earmarked not less than $20,000,000 for
    technical assistance during fiscal years 1976 and 1977, including
    period from July 1, 1976, through Sept. 30, 1976, and deleted
    similar provision making such minimum sum available for use during
    fiscal years 1974 and 1975.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 107(b) of Pub. L. 95-88 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    October 1, 1977."

                                 FINDINGS                             
      Pub. L. 106-309, title IV, Sec. 401(b), Oct. 17, 2000, 114 Stat.
    1096, provided that: "The Congress makes the following findings:
        "(1) It is in the mutual economic interest of the United States
      and peoples in developing and transitional countries to promote
      cooperatives and credit unions.
        "(2) Self-help institutions, including cooperatives and credit
      unions, provide enhanced opportunities for people to participate
      directly in democratic decision-making for their economic and
      social benefit through ownership and control of business
      enterprises and through the mobilization of local capital and
      savings and such organizations should be fully utilized in
      fostering free market principles and the adoption of self-help
      approaches to development.
        "(3) The United States seeks to encourage broad-based economic
      and social development by creating and supporting - 
          "(A) agricultural cooperatives that provide a means to lift
        low income farmers and rural people out of poverty and to
        better integrate them into national economies;
          "(B) credit union networks that serve people of limited means
        through safe savings and by extending credit to families and
        microenterprises;
          "(C) electric and telephone cooperatives that provide rural
        customers with power and telecommunications services essential
        to economic development;
          "(D) housing and community-based cooperatives that provide
        low income shelter and work opportunities for the urban poor;
        and
          "(E) mutual and cooperative insurance companies that provide
        risk protection for life and property to under-served
        populations often through group policies."

                          DECLARATIONS OF POLICY                      
      Pub. L. 106-309, title IV, Sec. 401(c)(1), Oct. 17, 2000, 114
    Stat. 1096, provided that: "The Congress supports the development
    and expansion of economic assistance programs that fully utilize
    cooperatives and credit unions, particularly those programs
    committed to - 
        "(A) international cooperative principles, democratic
      governance and involvement of women and ethnic minorities for
      economic and social development;
        "(B) self-help mobilization of member savings and equity and
      retention of profits in the community, except for those programs
      that are dependent on donor financing;
        "(C) market-oriented and value-added activities with the
      potential to reach large numbers of low income people and help
      them enter into the mainstream economy;
        "(D) strengthening the participation of rural and urban poor to
      contribute to their country's economic development; and
        "(E) utilization of technical assistance and training to better
      serve the member-owners."

                                  REPORT                              
      Pub. L. 106-309, title IV, Sec. 401(d), Oct. 17, 2000, 114 Stat.
    1097, provided that: "Not later than 6 months after the date of the
    enactment of this Act [Oct. 17, 2000], the Administrator of the
    United States Agency for International Development, in consultation
    with the heads of other appropriate agencies, shall prepare and
    submit to Congress a report on the implementation of section 111 of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as amended by
    subsection (c)."

-End-



-CITE-
    22 USC Sec. 2151j                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151j. Repealed.

-MISC1-
    Sec. 2151j. Repealed. Pub. L. 93-559, Sec. 30(b), Dec. 30, 1974, 88
      Stat. 1804.
      Section, Pub. L. 87-195, pt. I, Sec. 112, as added Pub. L. 93-
    189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 716, related to police
    training prohibition. See section 2420 of this title.

-End-



-CITE-
    22 USC Sec. 2151k                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151k. Integrating women into national economies; report

-STATUTE-
    (a) Particular programs, projects, and activities
      In recognition of the fact that women in developing countries
    play a significant role in economic production, family support, and
    the overall development process of the national economies of such
    countries, subchapter I of this chapter shall be administered so as
    to give particular attention to those programs, projects, and
    activities which tend to integrate women into the national
    economies of developing countries, thus improving their status and
    assisting the total development effort.
    (b) Assistance to encourage participation and integration of women;
      prohibition against separate assistance program for women
      (1) Up to $10,000,000 of the funds made available each fiscal
    year under this part and part X of this subchapter shall be used,
    in addition to funds otherwise available for such purposes, for
    assistance on such terms and conditions as the President may
    determine to encourage and promote the participation and
    integration of women as equal partners in the development process
    in the developing countries. These funds shall be used primarily to
    support activities which will increase the economic productivity
    and income earning capacity of women.
      (2) Nothing in this section shall be construed to authorize the
    establishment of a separate development assistance program for
    women.
    (c) Funds for United Nations Decade for Women
      Not less than $500,000 of the funds made available under this
    part for the fiscal year 1982 shall be expended on international
    programs which support the original goals of the United Nations
    Decade for Women.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 113, as added Pub. L. 93-189, Sec.
    2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94-161, title
    III, Sec. 309, Dec. 20, 1975, 89 Stat. 860; Pub. L. 95-88, title I,
    Sec. 108, Aug. 3, 1977, 91 Stat. 536; Pub. L. 95-424, title I, Sec.
    108, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96-53, title I, Sec. 122,
    Aug. 14, 1979, 93 Stat. 366; Pub. L. 97-113, title III, Sec. 305,
    Dec. 29, 1981, 95 Stat. 1533; Pub. L. 101-513, title V, Sec.
    562(d)(2), Nov. 5, 1990, 104 Stat. 2031.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1990 - Subsec. (b)(1). Pub. L. 101-513 inserted "and part X of
    this subchapter" after "this part".
      1981 - Subsec. (c). Pub. L. 97-113 added subsec. (c).
      1979 - Subsec. (b). Pub. L. 96-53 redesignated subsec. (d) as
    (b), and repealed former subsec. (b) which related to Presidential
    report to Congress on the impact of development programs, etc., on
    the economic integration of women.
      Subsec. (c). Pub. L. 96-53 repealed subsec. (c) which required
    the report under former subsec. (b) to be submitted not later than
    one year after Aug. 3, 1977.
      Subsec. (d). Pub. L. 96-53 redesignated subsec. (d) as (b).
      1978 - Subsec. (d). Pub. L. 95-424 added subsec. (d).
      1977 - Pub. L. 95-88 designated existing provisions as subsec.
    (a), inserted provisions relating to a recognition of the fact that
    women in developing countries play a significant role in economic
    production, family support, and the overall development process of
    the national economies of such countries, and added subsecs. (b)
    and (c).
      1975 - Pub. L. 94-161 substituted "This subchapter" for "Sections
    2151a through 2151e of this title".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Secs. 2151l, 2151m                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Secs. 2151l, 2151m. Repealed.

-MISC1-
    Secs. 2151l, 2151m. Repealed. Pub. L. 95-424, title I, Secs.
      102(f), 104(b), Oct. 6, 1978, 92 Stat. 942, 947.
      Section 2151l, Pub. L. 87-195, pt. I, Sec. 114, as added Pub. L.
    93-189, Sec. 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 95-
    88, title I, Sec. 109, Aug. 3, 1977, 91 Stat. 536, prohibited use
    of funds for performance of abortions or involuntary
    sterilizations.
      Section 2151m, Pub. L. 87-195, pt. I, Sec. 115, as added Pub. L.
    93-559, Sec. 20, Dec. 30, 1974, 88 Stat. 1800; amended Pub. L. 95-
    88, title I, Sec. 110, Aug. 3, 1977, 91 Stat. 536, prohibited use
    of funds available under this part for any countries to which
    assistance is furnished under part IV of subchapter II of this
    chapter or under subchapter V of this chapter without specific
    authorization from Congress.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2151n                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151n. Human rights and development assistance

-STATUTE-
    (a) Violations barring assistance; assistance for needy people
      No assistance may be provided under subchapter I of this chapter
    to the government of any country which engages in a consistent
    pattern of gross violations of internationally recognized human
    rights, including torture or cruel, inhuman, or degrading treatment
    or punishment, prolonged detention without charges, causing the
    disappearance of persons by the abduction and clandestine detention
    of those persons, or other flagrant denial of the right to life,
    liberty, and the security of person, unless such assistance will
    directly benefit the needy people in such country.
    (b) (!1) Information to Congressional committees for realization of
      assistance for needy people; concurrent resolution terminating
      assistance

      In determining whether this standard is being met with regard to
    funds allocated under subchapter I of this chapter, the Committee
    on Foreign Relations of the Senate or the Committee on Foreign
    Affairs of the House of Representatives may require the
    Administrator primarily responsible for administering subchapter I
    of this chapter to submit in writing information demonstrating that
    such assistance will directly benefit the needy people in such
    country, together with a detailed explanation of the assistance to
    be provided (including the dollar amounts of such assistance) and
    an explanation of how such assistance will directly benefit the
    needy people in such country. If either committee or either House
    of Congress disagrees with the Administrator's justification it may
    initiate action to terminate assistance to any country by a
    concurrent resolution under section 2367 of this title.
    (b) (!1) Protection of children from exploitation
      No assistance may be provided to any government failing to take
    appropriate and adequate measures, within their means, to protect
    children from exploitation, abuse or forced conscription into
    military or paramilitary services.
    (c) Factors considered
      In determining whether or not a government falls within the
    provisions of subsection (a) of this section and in formulating
    development assistance programs under subchapter I of this chapter,
    the Administrator shall consider, in consultation with the
    Assistant Secretary of State for Democracy, Human Rights, and Labor
    and in consultation with the Ambassador at Large for International
    Religious Freedom - 
        (1) the extent of cooperation of such government in permitting
      an unimpeded investigation of alleged violations of
      internationally recognized human rights by appropriate
      international organizations, including the International
      Committee of the Red Cross, or groups or persons acting under the
      authority of the United Nations or of the Organization of
      American States;
        (2) specific actions which have been taken by the President or
      the Congress relating to multilateral or security assistance to a
      less developed country because of the human rights practices or
      policies of such country; and
        (3) whether the government - 
          (A) has engaged in or tolerated particularly severe
        violations of religious freedom, as defined in section 6402 of
        this title; or
          (B) has failed to undertake serious and sustained efforts to
        combat particularly severe violations of religious freedom (as
        defined in section 6402 of this title), when such efforts could
        have been reasonably undertaken.
    (d) Report to Speaker of House and Committee on Foreign Relations
      of the Senate
      The Secretary of State shall transmit to the Speaker of the House
    of Representatives and the Committee on Foreign Relations of the
    Senate, by February 25 of each year, a full and complete report
    regarding - 
        (1) the status of internationally recognized human rights,
      within the meaning of subsection (a) of this section - 
          (A) in countries that receive assistance under subchapter I
        of this chapter, and
          (B) in all other foreign countries which are members of the
        United Nations and which are not otherwise the subject of a
        human rights report under this chapter;

        (2) wherever applicable, practices regarding coercion in
      population control, including coerced abortion and involuntary
      sterilization;
        (3) the status of child labor practices in each country,
      including - 
          (A) whether such country has adopted policies to protect
        children from exploitation in the workplace, including a
        prohibition of forced and bonded labor and policies regarding
        acceptable working conditions; and
          (B) the extent to which each country enforces such policies,
        including the adequacy of the resources and oversight dedicated
        to such policies;

        (4) the votes of each member of the United Nations Commission
      on Human Rights on all country-specific and thematic resolutions
      voted on at the Commission's annual session during the period
      covered during the preceding year;
        (5) the extent to which each country has extended protection to
      refugees, including the provision of first asylum and
      resettlement;
        (6) the steps the Administrator has taken to alter United
      States programs under subchapter I of this chapter in any country
      because of human rights considerations;
        (7) wherever applicable, violations of religious freedom,
      including particularly severe violations of religious freedom (as
      defined in section 6402 of this title);
        (8) wherever applicable, 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; and
        (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; and
        (C) such other information related to the use by such
      government of individuals under the age of 18 as soldiers, as
      determined to be appropriate by the Secretary.
    (e) Promotion of civil and political rights
      The President is authorized and encouraged to use not less than
    $3,000,000 of the funds made available under this part, part X of
    this subchapter, and part IV of subchapter II of this chapter for
    each fiscal year for studies to identify, and for openly carrying
    out programs and activities which will encourage or promote
    increased adherence to civil and political rights, including the
    right to free religious belief and practice, as set forth in the
    Universal Declaration of Human Rights, in countries eligible for
    assistance under this part or under part X of this subchapter,
    except that funds made available under part X of this subchapter
    may only be used under this subsection with respect to countries in
    sub-Saharan Africa. None of these funds may be used, directly or
    indirectly, to influence the outcome of any election in any
    country.
    (f) Annual country reports on human rights practices
      (1) The report required by subsection (d) of this section shall
    include the following:
        (A) A description of the nature and extent of severe forms of
      trafficking in persons, as defined in section 7102 of this title,
      in each foreign country.
        (B) With respect to each country that is a country of origin,
      transit, or destination for victims of severe forms of
      trafficking in persons, an assessment of the efforts by the
      government of that country to combat such trafficking. The
      assessment shall address the following:
          (i) Whether government authorities in that country
        participate in, facilitate, or condone such trafficking.
          (ii) Which government authorities in that country are
        involved in activities to combat such trafficking.
          (iii) What steps the government of that country has taken to
        prohibit government officials from participating in,
        facilitating, or condoning such trafficking, including the
        investigation, prosecution, and conviction of such officials.
          (iv) What steps the government of that country has taken to
        prohibit other individuals from participating in such
        trafficking, including the investigation, prosecution, and
        conviction of individuals involved in severe forms of
        trafficking in persons, the criminal and civil penalties for
        such trafficking, and the efficacy of those penalties in
        eliminating or reducing such trafficking.
          (v) What steps the government of that country has taken to
        assist victims of such trafficking, including efforts to
        prevent victims from being further victimized by traffickers,
        government officials, or others, grants of relief from
        deportation, and provision of humanitarian relief, including
        provision of mental and physical health care and shelter.
          (vi) Whether the government of that country is cooperating
        with governments of other countries to extradite traffickers
        when requested, or, to the extent that such cooperation would
        be inconsistent with the laws of such country or with
        extradition treaties to which such country is a party, whether
        the government of that country is taking all appropriate
        measures to modify or replace such laws and treaties so as to
        permit such cooperation.
          (vii) Whether the government of that country is assisting in
        international investigations of transnational trafficking
        networks and in other cooperative efforts to combat severe
        forms of trafficking in persons.
          (viii) Whether the government of that country refrains from
        prosecuting victims of severe forms of trafficking in persons
        due to such victims having been trafficked, and refrains from
        other discriminatory treatment of such victims.
          (ix) Whether the government of that country recognizes the
        rights of victims of severe forms of trafficking in persons and
        ensures their access to justice.

        (C) Such other information relating to trafficking in persons
      as the Secretary of State considers appropriate.

      (2) In compiling data and making assessments for the purposes of
    paragraph (1), United States diplomatic mission personnel shall
    consult with human rights organizations and other appropriate
    nongovernmental organizations.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 116, as added Pub. L. 94-161, title
    III, Sec. 310, Dec. 20, 1975, 89 Stat. 860; amended Pub. L. 95-88,
    title I, Sec. 111, Aug. 3, 1977, 91 Stat. 537; Pub. L. 95-105,
    title I, Sec. 109(a)(2), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95-
    424, title I, Sec. 109, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96-53,
    title I, Sec. 106, title V, Sec. 504(a), Aug. 14, 1979, 93 Stat.
    362, 378; Pub. L. 96-533, title III, Sec. 305, title VII, Sec.
    701(a), Dec. 16, 1980, 94 Stat. 3147, 3156; Pub. L. 97-113, title
    III, Sec. 306, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 98-164, title
    X, Sec. 1002(a), Nov. 22, 1983, 97 Stat. 1052; Pub. L. 99-440,
    title II, Sec. 202, Oct. 2, 1986, 100 Stat. 1095; Pub. L. 99-631,
    Sec. 1(b)(2), Nov. 7, 1986, 100 Stat. 3519; Pub. L. 100-204, title
    I, Sec. 127(1), Dec. 22, 1987, 101 Stat. 1342; Pub. L. 101-513,
    title V, Secs. 562(d)(3), 599D, Nov. 5, 1990, 104 Stat. 2031, 2066;
    Pub. L. 103-149, Sec. 4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505;
    Pub. L. 103-236, title I, Sec. 162(e)(1), Apr. 30, 1994, 108 Stat.
    405; Pub. L. 103-437, Sec. 9(a)(6), Nov. 2, 1994, 108 Stat. 4588;
    Pub. L. 104-319, title II, Sec. 201(a), Oct. 19, 1996, 110 Stat.
    3866; Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2216,
    Oct. 21, 1998, 112 Stat. 2681-815; Pub. L. 105-292, title I, Sec.
    102(d)(1), title IV, Sec. 421(a), title V, Sec. 501(b), Oct. 27,
    1998, 112 Stat. 2794, 2809, 2811; Pub. L. 106-113, div. B, Secs.
    1000(a)(2) [title V, Sec. 597], 1000(a)(7) [div. A, title VIII,
    Sec. 806(a)], Nov. 29, 1999, 113 Stat. 1535, 1536, 1501A-126, 1501A-
    471; Pub. L. 106-386, div. A, Sec. 104(a), Oct. 28, 2000, 114
    Stat. 1471; Pub. L. 107-228, div. A, title VI, Secs. 665(a),
    683(a), Sept. 30, 2002, 116 Stat. 1406, 1410; Pub. L. 108-332, Sec.
    6(a)(1), Oct. 16, 2004, 118 Stat. 1285.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2(a) of the Genocide Convention Implementation Act of
    1987, referred to in subsec. (d)(8), probably means section 2(a) of
    the Genocide Convention Implementation Act of 1987 (the Proxmire
    Act), Pub. L. 100-606, Nov. 4, 1988, 102 Stat. 3045, which enacted
    chapter 50A (Sec. 1091 et seq.) of Title 18, Crimes and Criminal
    Procedure.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      The amendment by section 102(d)(1) of Pub. L. 105-292 was
    executed before the amendment by Pub. L. 105-277 to reflect the
    probable intent of Congress.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (d)(8) to (11). Pub. L. 108-332 added par. (8) and
    redesignated former pars. (8) to (10) as (9) to (11), respectively.
      2002 - Subsec. (d)(9). Pub. L. 107-228, Sec. 665(a), added par.
    (9).
      Subsec. (d)(10). Pub. L. 107-228, Sec. 683(a), added par. (10).
      2000 - Subsec. (f). Pub. L. 106-386 amended subsec. (f)
    generally, substituting present provisions for provisions listing
    information required for report under subsec. (d) of this section,
    providing for consultation with human rights and other appropriate
    nongovernmental organizations in compiling data for required
    information, and defining "trafficking" and "victims of
    trafficking" for purposes of subsection.
      1999 - Subsec. (d)(8). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
    title VIII, Sec. 806(a)], added par. (8).
      Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(2) [title V, Sec.
    597], added subsec. (f).
      1998 - Subsec. (c). Pub. L. 105-292, Sec. 421(a)(1), inserted
    "and in consultation with the Ambassador at Large for International
    Religious Freedom" after "Labor" in introductory provisions.
      Subsec. (c)(3). Pub. L. 105-292, Sec. 421(a)(2)-(4), added par.
    (3).
      Subsec. (d). Pub. L. 105-277, Sec. 2216(1), substituted "February
    25" for "January 31" in introductory provisions.
      Subsec. (d)(3) to (5). Pub. L. 105-277, Sec. 2216(2), (3), added
    par. (3) and redesignated former pars. (3) and (4) as (4) and (5),
    respectively. Former par. (5) redesignated (6).
      Subsec. (d)(6). Pub. L. 105-277, Sec. 2216(2), redesignated par.
    (5) as (6). Former par. (6) redesignated (7). See Codification note
    above.
      Pub. L. 105-292, Sec. 102(d)(1), added par. (6). See Codification
    note above.
      Subsec. (d)(7). Pub. L. 105-277, Sec. 2216(2), redesignated par.
    (6) as (7). See Codification note above.
      Subsec. (e). Pub. L. 105-292, Sec. 501(b), inserted ", including
    the right to free religious belief and practice" after "adherence
    to civil and political rights".
      1996 - Subsec. (d)(3) to (5). Pub. L. 104-319 added pars. (3) and
    (4) and redesignated former par. (3) as (5).
      1994 - Subsec. (b). Pub. L. 103-437 substituted "Foreign Affairs"
    for "International Relations" in subsec. (b) relating to submittal
    of information to Congress.
      Subsec. (c). Pub. L. 103-236 substituted "Assistant Secretary of
    State for Democracy, Human Rights, and Labor" for "Assistant
    Secretary for Human Rights and Humanitarian Affairs" in
    introductory provisions.
      1993 - Subsec. (e). Pub. L. 103-149 struck out "(1)" before "The
    President is authorized" and struck out par. (2) which authorized
    grants to nongovernmental organizations in South Africa promoting
    political, economic, social, juridical, and humanitarian efforts to
    foster a just society and to help victims of apartheid.
      Subsecs. (f), (g). Pub. L. 103-149 struck out subsec. (f) which
    authorized assistance to political detainees and prisoners and
    support for black-led community organizations in South Africa and
    subsec. (g) which authorized assistance to families of victims of
    violence in South Africa.
      1990 - Subsec. (b). Pub. L. 101-513, Sec. 599D, added subsec. (b)
    prohibiting assistance to governments failing to protect children
    from exploitation, abuse or conscription.
      Subsec. (e)(1). Pub. L. 101-513, Sec. 562(d)(3), inserted ", part
    X of this subchapter," after "available under this part" and "or
    under part X of this subchapter, except that funds made available
    under part X of this subchapter may only be used under this
    subsection with respect to countries in sub-Saharan Africa" before
    period at end of first sentence.
      1987 - Subsec. (d). Pub. L. 100-204 added par. (2) and
    redesignated former par. (2) as (3).
      1986 - Subsec. (e)(2)(A). Pub. L. 99-440, Sec. 202(a), inserted
    authorization of appropriations of $1,500,000 for fiscal year 1986
    and for each fiscal year thereafter.
      Subsec. (f). Pub. L. 99-440, Sec. 202(b), added subsec. (f).
      Subsec. (f)(2)(B). Pub. L. 99-631 substituted "subsection" for
    "paragraph".
      Subsec. (g). Pub. L. 99-440, Sec. 202(b), added subsec. (g).
      1983 - Subsec. (e). Pub. L. 98-164, Sec. 1002(a), designated
    existing provisions as par. (1), substituted "$3,000,000 of the
    funds made available under this part and part IV of subchapter II
    of this chapter for each fiscal year" for "$1,500,000 of the funds
    made available under this part for each of the fiscal years 1982
    and 1983", and added par. (2).
      1981 - Subsec. (e). Pub. L. 97-113 substituted "each of the
    fiscal years 1982 and 1983" for "the fiscal year 1981".
      1980 - Subsec. (a). Pub. L. 96-533, Sec. 701(a), prohibited
    assistance for government of any country causing the disappearance
    of persons by the abduction and clandestine detention of those
    persons.
      Subsec. (e). Pub. L. 96-533, Sec. 305, substituted "1981" for
    "1980".
      1979 - Subsec. (d)(1). Pub. L. 96-53, Sec. 504(a), designated
    existing provisions as cl. (A) and added cl. (B).
      Subsec. (e). Pub. L. 96-53, Sec. 106, substituted "1980" for
    "1979".
      1978 - Subsec. (e). Pub. L. 95-424 substituted "The President is
    authorized and encouraged to use not less than $1,500,000 of" for
    "Of", and "1979" for "1978, not less than $750,000 may be used
    only".
      1977 - Subsec. (c). Pub. L. 95-105 substituted "Assistant
    Secretary" for "Coordinator".
      Pub. L. 95-88, Sec. 111(a), inserted references to the
    formulation of development assistance programs under this
    subchapter and the consultation of the Administrator with the
    Coordinator for Human Rights and Humanitarian Affairs in the
    introductory provisions, designated the remainder of the existing
    provisions as par. (1), and added par. (2).
      Subsec. (d). Pub. L. 95-88, Sec. 111(a), substituted provisions
    directing the Secretary of State to transmit to the Speaker of the
    House of Representatives and the Committee on Foreign Relations of
    the Senate, by January 31 of each year, a full and complete report
    regarding the status of internationally recognized human rights in
    countries that receive development assistance and the steps which
    the Administrator has taken to alter United States development
    assistance programs in any country because of human rights
    considerations for provisions directing the President to transmit
    to the Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate, in the annual presentation
    materials on proposed economic development assistance programs, a
    full and complete report regarding the steps he has taken to carry
    out the provisions of this section.
      Subsec. (e). Pub. L. 95-88, Sec. 111(b), added subsec. (e).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC3-
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-332, Sec. 6(c), Oct. 16, 2004, 118 Stat. 1286,
    provided that:"The amendments made by subsections (a) and (b)
    [amending this section and sections 2304 and 6412 of this title]
    shall apply beginning with the first report under sections 116(d)
    and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2151n(d) and 2304(b)) and section 102(b) of the International
    Religious Freedom Act of 1998 (22 U.S.C. 6312(b) [6412(b)])
    submitted more than 180 days after the date of the enactment of
    this Act [Oct. 16, 2004]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-631 effective Oct. 2, 1986, see section
    1(c) of Pub. L. 99-631, set out as a note under section 2151c of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC4-
                              SEPARATE REPORT                          
      Pub. L. 107-228, div. A, title VI, Sec. 665(c), Sept. 30, 2002,
    116 Stat. 1407, provided that: "The information to be included in
    the report required by sections 116(d) and 502B(b) of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2151n(d), 2304(b)] pursuant to
    the amendments made by subsections (a) and (b) [amending this
    section and section 2304 of this title] may be submitted by the
    Secretary as a separate report. If the Secretary elects to submit
    such information as a separate report, such report shall be
    submitted not later than 30 days after the date of submission of
    the report required by section [sic] 116(d) and 502B(b) of the
    Foreign Assistance Act of 1961."
      [For definition of "Secretary" as used in section 665(c) of Pub.
    L. 107-228, set out above, see section 3 of Pub. L. 107-228, set
    out as a note under section 2651 of this title.]

       ANNUAL REPORTS ON UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE
                                 MEETINGS
      Pub. L. 107-228, div. A, title VI, Sec. 702, Sept. 30, 2002, 116
    Stat. 1420, provided that: "Not later than December 31 of each year
    or 60 days after the second United States-Vietnam human rights
    dialogue meeting held in a calendar year, whichever is earlier, the
    Secretary shall submit to the appropriate congressional committees
    a report covering the issues discussed at the previous two meetings
    and describing to what extent the Government of Vietnam has made
    progress during the calendar year toward achieving the following
    objectives:
        "(1) Improving the Government of Vietnam's commercial and
      criminal codes to bring them into conformity with international
      standards, including the repeal of the Government of Vietnam's
      administrative detention decree (Directive 31/CP).
        "(2) Releasing political and religious activists who have been
      imprisoned or otherwise detained by the Government of Vietnam,
      and ceasing surveillance and harassment of those who have been
      released.
        "(3) Ending official restrictions on religious activity,
      including implementing the recommendations of the United Nations
      Special Rapporteur on Religious Intolerance.
        "(4) Promoting freedom for the press, including freedom of
      movement of members of the Vietnamese and foreign press.
        "(5) Improving prison conditions and providing transparency in
      the penal system of Vietnam, including implementing the
      recommendations of the United Nations Working Group on Arbitrary
      Detention.
        "(6) Respecting the basic rights of indigenous minority groups,
      especially in the central and northern highlands of Vietnam.
        "(7) Respecting the basic rights of workers, including working
      with the International Labor Organization to improve mechanisms
      for promoting such rights.
        "(8) Cooperating with requests by the United States to obtain
      full and free access to persons who may be eligible for admission
      to the United States as refugees or immigrants, and allowing such
      persons to leave Vietnam without being subjected to extortion or
      other corrupt practices."
      [For definitions of "Secretary" and "appropriate congressional
    committees" as used in section 702 of Pub. L. 107-228, set out
    above, see section 3 of Pub. L. 107-228, set out as a note under
    section 2651 of this title.]

                ASSISTANCE FOR PROMOTING RELIGIOUS FREEDOM            
      Pub. L. 105-292, title V, Sec. 501(a), Oct. 27, 1998, 112 Stat.
    2811, provided that: "Congress makes the following findings:
        "(1) In many nations where severe violations of religious
      freedom occur, there is not sufficient statutory legal protection
      for religious minorities or there is not sufficient cultural and
      social understanding of international norms of religious freedom.
        "(2) Accordingly, in the provision of foreign assistance, the
      United States should make a priority of promoting and developing
      legal protections and cultural respect for religious freedom."

          REPORT ON HUMAN RIGHTS TO COMMITTEES ON APPROPRIATIONS      
      Pub. L. 102-391, title V, Sec. 511(b), Oct. 6, 1992, 106 Stat.
    1658, as amended by Pub. L. 106-429, Sec. 101(a) [title V, Sec.
    590], Nov. 6, 2000, 114 Stat. 1900, 1900A-59, provided that: "The
    Secretary of State shall also transmit the report required by
    section 116(d) of the Foreign Assistance Act of 1961 [22 U.S.C.
    2151n(d)] to the Committees on Appropriations each year by the date
    specified in that section: Provided, That each such report
    submitted pursuant to such section shall (1) include a review of
    each country's commitment to children's rights and welfare as
    called for by the Declaration of the World Summit for Children;
    [(2) Repealed. Pub. L. 106-429, Sec. 101(a) [title V, Sec. 590],
    Nov. 6, 2000, 114 Stat. 1900, 1900A-59;] (3) describe the extent to
    which indigenous people are able to participate in decisions
    affecting their lands, cultures, traditions and the allocation of
    natural resources, and assess the extent of protection of their
    civil and political rights."

     REPORT ON IMPACT ON FOREIGN RELATIONS OF UNITED STATES OF REPORTS
             ON HUMAN RIGHTS PRACTICES OF FOREIGN GOVERNMENTS
      Section 504(b) of Pub. L. 96-53, which required Secretary of
    State to report by Nov. 15, 1979, foreign relations impact made by
    reports of human rights violations of foreign governments, was
    repealed by Pub. L. 97-113, title VII, Sec. 734(a)(3), Dec. 29,
    1981, 95 Stat. 1560.

-FOOTNOTE-
    (!1) So in original. Two subsecs. (b) have been enacted.

    (!2) So in original. Probably should be followed by a comma.


-End-



-CITE-
    22 USC Sec. 2151n-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151n-1. Repealed.

-MISC1-
    Sec. 2151n-1. Repealed. Pub. L. 103-236, title I, Sec. 139(4), Apr.
      30, 1994, 108 Stat. 397.
      Section, Pub. L. 95-105, title I, Sec. 108, Aug. 17, 1977, 91
    Stat. 846, directed Secretary of State to report annually to
    Congress about American citizens in foreign jails.

-End-



-CITE-
    22 USC Sec. 2151n-2                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151n-2. Human Rights and Democracy Fund

-STATUTE-
    (a) Establishment of Fund
      There is established a Human Rights and Democracy Fund (in this
    section referred to as the "Fund") to be administered by the
    Assistant Secretary of State for Democracy, Human Rights, and
    Labor.
    (b) Purposes of Fund
      The purposes of the Fund shall be - 
        (1) to support defenders of human rights;
        (2) to assist the victims of human rights violations;
        (3) to respond to human rights emergencies;
        (4) to promote and encourage the growth of democracy, including
      the support for nongovernmental organizations in foreign
      countries; and
        (5) to carry out such other related activities as are
      consistent with paragraphs (1) through (4).
    (c) Funding
      (1) In general
        Of the amounts made available to carry out chapter 4 of part II
      of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]
      for fiscal year 2003, $21,500,000 is authorized to be available
      to the Fund for carrying out the purposes described in subsection
      (b) of this section. Amounts made available to the Fund under
      this paragraph shall also be deemed to have been made available
      under section 116(e) of the Foreign Assistance Act of 1961 (22
      U.S.C. 2151n(e)).
      (2) Allocation of funds for the Documentation Center of Cambodia
        Of the amount authorized to be available to the Fund under
      paragraph (1) for fiscal year 2003, $1,000,000 is authorized to
      be available for the Documentation Center of Cambodia for the
      purpose of collecting, cataloguing, and disseminating information
      about the atrocities committed by the Khmer Rouge against the
      Cambodian people.
      (3) Father John Kaiser Memorial Fund
        Of the amount authorized to be available to the Fund under
      paragraph (1) for fiscal year 2003, $500,000 is authorized to be
      available to advance the extraordinary work and values of Father
      John Kaiser with respect to solving ethnic conflict and promoting
      government accountability and respect for human rights. The
      amount made available under this paragraph may be referred to as
      the "Father John Kaiser Memorial Fund".

-SOURCE-
    (Pub. L. 107-228, div. A, title VI, Sec. 664, Sept. 30, 2002, 116
    Stat. 1406.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec.
    (c)(1), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.
    Chapter 4 of part II of the Act is classified generally to part IV
    (Sec. 2346 et seq.) of subchapter II of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Freedom Investment Act of
    2002, and also as part of the Department of State Authorization
    Act, Fiscal Year 2003 and the Foreign Relations Authorization Act,
    Fiscal Year 2003, and not as part of the Foreign Assistance Act of
    1961 which comprises this chapter.


-MISC1-
                                 PURPOSES                             
      Pub. L. 107-228, div. A, title VI, Sec. 662, Sept. 30, 2002, 116
    Stat. 1405, provided that: "The purposes of this subtitle [subtitle
    E (Secs. 661-665) of title VI of div. A of Pub. L. 107-228, see
    Short Title of 2002 Amendments note set out under section 2151 of
    this title] are the following:
        "(1) To underscore that promoting and protecting human rights
      is in the national interests of the United States and is
      consistent with American values and beliefs.
        "(2) To establish a goal of devoting one percent of the funds
      available to the Department under 'Diplomatic and Consular
      Programs', other than such funds that will be made available for
      worldwide security upgrades and information resource management,
      to enhance the ability of the United States to promote respect
      for human rights and the protection of human rights defenders."
      [For definition of "Department" as used in section 662 of Pub. L.
    107-228, set out above, see section 3 of Pub. L. 107-228, set out
    as a note under section 2651 of this title.]

-End-



-CITE-
    22 USC Sec. 2151o                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151o. Repealed.

-MISC1-
    Sec. 2151o. Repealed. Pub. L. 103-149, Sec. 4(a)(3)(B), Nov. 23,
      1993, 107 Stat. 1505.
      Section, Pub. L. 87-195, pt. I, Sec. 117, as added Pub. L. 99-
    440, title II, Sec. 201(b), Oct. 2, 1986, 100 Stat. 1094, related
    to assistance for disadvantaged South Africans.
      A prior section 2151o, Pub. L. 87-195, pt. 1, Sec. 117, as added
    Pub. L. 95-88, title I, Sec. 112, Aug. 3, 1977, 91 Stat. 537,
    related to a strategy for programs of nutrition and health
    improvement for mothers and children, prior to repeal by Pub. L. 95-
    424, title I, Sec. 103(c), Oct. 6, 1978, 92 Stat. 945, eff. Oct.
    1, 1978.

-End-



-CITE-
    22 USC Sec. 2151p                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151p. Environmental and natural resources

-STATUTE-
    (a) Congressional statement of findings
      The Congress finds that if current trends in the degradation of
    natural resources in developing countries continue, they will
    severely undermine the best efforts to meet basic human needs, to
    achieve sustained economic growth, and to prevent international
    tension and conflict. The Congress also finds that the world faces
    enormous, urgent, and complex problems, with respect to natural
    resources, which require new forms of cooperation between the
    United States and developing countries to prevent such problems
    from becoming unmanageable. It is, therefore, in the economic and
    security interest of the United States to provide leadership both
    in thoroughly reassessing policies relating to natural resources
    and the environment, and in cooperating extensively with developing
    countries in order to achieve environmentally sound development.
    (b) Assistance authority and emphasis
      In order to address the serious problems described in subsection
    (a) of this section, the President is authorized to furnish
    assistance under subchapter I of this chapter for developing and
    strengthening the capacity of developing countries to protect and
    manage their environment and natural resources. Special efforts
    shall be made to maintain and where possible to restore the land,
    vegetation, water, wildlife, and other resources upon which depend
    economic growth and human well-being, especially of the poor.
    (c) Implementation considerations applicable to programs and
      projects
      (1) The President, in implementing programs and projects under
    this part and part X of this subchapter, shall take fully into
    account the impact of such programs and projects upon the
    environment and natural resources of developing countries. Subject
    to such procedures as the President considers appropriate, the
    President shall require all agencies and officials responsible for
    programs or projects under this part and part X of this subchapter -
     
        (A) to prepare and take fully into account an environmental
      impact statement for any program or project under this part and
      part X of this subchapter significantly affecting the environment
      of the global commons outside the jurisdiction of any country,
      the environment of the United States, or other aspects of the
      environment which the President may specify; and
        (B) to prepare and take fully into account an environmental
      assessment of any proposed program or project under this part and
      part X of this subchapter significantly affecting the environment
      of any foreign country.

    Such agencies and officials should, where appropriate, use local
    technical resources in preparing environmental impact statements
    and environmental assessments pursuant to this subsection.
      (2) The President may establish exceptions from the requirements
    of this subsection for emergency conditions and for cases in which
    compliance with those requirements would be seriously detrimental
    to the foreign policy interests of the United States.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 117, formerly Sec. 118, as added Pub.
    L. 95-88, title I, Sec. 113(a), Aug. 3, 1977, 91 Stat. 537; amended
    Pub. L. 95-424, title I, Sec. 110, Oct. 6, 1978, 92 Stat. 948; Pub.
    L. 96-53, title I, Sec. 122, Aug. 14, 1979, 93 Stat. 366; Pub. L.
    97-113, title III, Sec. 307, Dec. 29, 1981, 95 Stat. 1533;
    renumbered Sec. 117 and amended Pub. L. 99-529, title III, Sec.
    301(1), (2), Oct. 24, 1986, 100 Stat. 3014; Pub. L. 101-513, title
    V, Sec. 562(d)(4), Nov. 5, 1990, 104 Stat. 2031.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Other sections 117 of Pub. L. 87-195, pt. I, were classified to
    section 2151o of this title prior to repeal by Pub. L. 95-424 and
    Pub. L. 103-149.


-MISC2-
                                AMENDMENTS                            
      1990 - Subsec. (c)(1). Pub. L. 101-513 inserted "and part X of
    this subchapter" after "this part" wherever appearing.
      1986 - Subsec. (d). Pub. L. 99-529, Sec. 301(2), struck out
    subsec. (d) relating to loss of tropical forests in developing
    countries. See section 2151p-1 of this title.
      1981 - Pub. L. 97-113 amended section generally, substituting
    subsecs. (a) to (d) for former subsecs. (a) and (b) which
    authorized President to furnish assistance under this subchapter
    for developing and strengthening capacity of less developed
    countries to protect and manage their environment and natural
    resources and directed President to take into consideration
    environmental consequences of development actions in carrying out
    this part.
      1979 - Subsec. (c). Pub. L. 96-53 repealed subsec. (c) which
    related to studies and report to Congress by the President on the
    identification of major environmental and natural resource
    problems.
      1978 - Pub. L. 95-424 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                 CLEAN WATER FOR THE AMERICAS PARTNERSHIP             
      Pub. L. 107-228, div. A, title VI, subtitle D, Sept. 30, 2002,
    116 Stat. 1402, provided that:

      "SEC. 641. SHORT TITLE.
      "This subtitle may be cited as the 'Clean Water for the Americas
    Partnership Act of 2002'.

      "SEC. 642. DEFINITIONS.
      "In this subtitle:
        "(1) Joint project. - The term 'joint project' means a project
      between a United States association or nonprofit entity and a
      Latin American or Caribbean association or nongovernmental
      organization.
        "(2) Latin american or caribbean nongovernmental organization. -
       The term 'Latin American or Caribbean nongovernmental
      organization' includes any institution of higher education, any
      private nonprofit entity involved in international education
      activities, or any research institute or other research
      organization, based in the region.
        "(3) Region. - The term 'region' refers to the region comprised
      of the member countries of the Organization of American States
      (other than the United States and Canada).
        "(4) United states association. - The term 'United States
      association' means a business league described in section
      501(c)(6) of the Internal Revenue Code of 1986 (26 U.S.C.
      501(c)(6)), and exempt from taxation under section 501(a) of such
      Code (26 U.S.C. 501(a)).
        "(5) United states nonprofit entity. - The term 'United States
      nonprofit entity' includes any institution of higher education
      (as defined in section 101(a) of the Higher Education Act of 1965
      (20 U.S.C. 1001(a)), any private nonprofit entity involved in
      international education activities, or any research institute or
      other research organization, based in the United States.

      "SEC. 643. ESTABLISHMENT OF PROGRAM.
      "The President is authorized to establish a program which shall
    be known as the 'Clean Water for the Americas Partnership'.

      "SEC. 644. ENVIRONMENTAL ASSESSMENT.
      "The President is authorized to conduct a comprehensive
    assessment of the environmental problems in the region to determine
    - 
        "(1) which environmental problems threaten human health the
      most, particularly the health of the urban poor;
        "(2) which environmental problems are most threatening, in the
      long-term, to the region's natural resources;
        "(3) which countries have the most pressing environmental
      problems; and
        "(4) whether and to what extent there is a market for United
      States environmental technology, practices, knowledge, and
      innovations in the region.

      "SEC. 645. ESTABLISHMENT OF TECHNOLOGY AMERICA CENTERS.
      "(a) Authority To Establish. - The President, acting through the
    Director General of the United States and Foreign Commercial
    Service of the Department of Commerce, is authorized to establish
    Technology America Centers (TEAMs) in the region to serve the
    entire region and, where appropriate, to establish TEAMs in urban
    areas of the region to focus on urban environmental problems.
      "(b) Functions. - The TEAMs would link United States private
    sector environmental technology firms with local partners, both
    public and private, by providing logistic and information support
    to United States firms seeking to find local partners and
    opportunities for environmental projects. TEAMs should emphasize
    assisting United States small businesses.
      "(c) Location. - In determining whether to locate a TEAM in a
    country, the President, acting through the Director General of the
    United States and Foreign Commercial Service of the Department of
    Commerce, shall take into account the country's need for logistic
    and informational support and the opportunities presented for
    United States firms in the country. A TEAM may be located in a
    country without regard to whether a mission of the United States
    Agency for International Development is established in that
    country.

      "SEC. 646. PROMOTION OF WATER QUALITY, WATER TREATMENT SYSTEMS,
        AND ENERGY EFFICIENCY.
      "Subject to the availability of appropriations, the President is
    authorized to provide matching grants to United States associations
    and United States nonprofit entities for the purpose of promoting
    water quality, water treatment systems, and energy efficiency in
    the region. The grants shall be used to support joint projects,
    including professional exchanges, academic fellowships, training
    programs in the United States or in the region, cooperation in
    regulatory review, development of training materials, the
    establishment and development in the region of local chapters of
    the associations or nonprofit entities, and the development of
    online exchanges.

      "SEC. 647. GRANTS FOR PREFEASIBILITY STUDIES WITHIN A DESIGNATED
        SUBREGION.
      "(a) Grant Authority. - 
        "(1) In general. - Subject to the availability of
      appropriations, the Director of the Trade and Development Agency
      is authorized to make grants for prefeasibility studies for water
      projects in any country within a single subregion or in a single
      country designated under paragraph (2).
        "(2) Designation of subregion. - The Director of the Trade and
      Development Agency shall designate in advance a single subregion
      or a single country for purposes of paragraph (1).
      "(b) Matching Requirement. - The Director of the Trade and
    Development Agency may not make any grant under this section unless
    there are made available non-Federal contributions in an amount
    equal to not less than 25 percent of the amount of Federal funds
    provided under the grant.
      "(c) Limitation Per Single Project. - With respect to any single
    project, grant funds under this section shall be available only for
    the prefeasibility portion of that project.
      "(d) Definitions. - In this section:
        "(1) Prefeasibility. - The term 'prefeasibility' means, with
      respect to a project, not more than 25 percent of the design
      phase of the project.
        "(2) Subregion. - The term 'subregion' means an area within the
      region and includes areas such as Central America, the Andean
      region, and the Southern cone.

      "SEC. 648. CLEAN WATER TECHNICAL SUPPORT COMMITTEE.
      "(a) In General. - The President is authorized to establish a
    Clean Water Technical Support Committee (in this section referred
    to as the 'Committee') to provide technical support and training
    services for individual water projects.
      "(b) Composition. - The Committee shall consist of international
    investors, lenders, water service providers, suppliers, advisers,
    and others with a direct interest in accelerating development of
    water projects in the region.
      "(c) Functions. - Members of the Committee shall act as field
    advisers and may form specialized working groups to provide in-
    country training and technical assistance, and shall serve as a
    source of technical support to resolve barriers to project
    development.

      "SEC. 649. AUTHORIZATION OF APPROPRIATIONS.
      "(a) In General. - There are authorized to be appropriated to the
    President $10,000,000 for each of the fiscal years 2003, 2004, and
    2005 to carry out this subtitle.
      "(b) Availability of Funds. - Funds appropriated pursuant to
    subsection (a) are authorized to remain available until expended.

      "SEC. 650. REPORT.
      "Eighteen months after the establishment of the program pursuant
    to section 643, the President shall submit a report to the
    appropriate congressional committees containing - 
        "(1) an assessment of the progress made in carrying out the
      program established under this subtitle; and
        "(2) any recommendations for the enactment of legislation to
      make changes in the program established under this subtitle.

      "SEC. 651. TERMINATION DATE.
      "(a) In General. - Except as provided in subsection (b), the
    authorities of this subtitle shall terminate 3 years after the date
    of establishment of the program described in section 643.
      "(b) Exception. - In lieu of the termination date specified in
    subsection (a), the termination required by that subsection shall
    take effect five years after the date of establishment of the
    program described in section 643 if, prior to the termination date
    specified in subsection (a), the President determines and certifies
    to the appropriate congressional committees that it would be in the
    national interest of the United States to continue the program
    described in such section 643 for an additional 2-year period.

      "SEC. 652. EFFECTIVE DATE.
      "This subtitle shall take effect 90 days after the date of
    enactment of this Act [Sept. 30, 2002]."
      [For definition of "appropriate congressional committees" as used
    in subtitle D of title VI of div. A of Pub. L. 107-228, set out
    above, see section 3 of Pub. L. 107-228, set out as a note under
    section 2651 of this title.]

-End-



-CITE-
    22 USC Sec. 2151p-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151p-1. Tropical forests

-STATUTE-
    (a) Importance of forests and tree cover
      In enacting section 2151a(b)(3) of this title the Congress
    recognized the importance of forests and tree cover to the
    developing countries. The Congress is particularly concerned about
    the continuing and accelerating alteration, destruction, and loss
    of tropical forests in developing countries, which pose a serious
    threat to development and the environment. Tropical forest
    destruction and loss - 
        (1) result in shortages of wood, especially wood for fuel; loss
      of biologically productive wetlands; siltation of lakes,
      reservoirs, and irrigation systems; floods; destruction of
      indigenous peoples; extinction of plant and animal species;
      reduced capacity for food production; and loss of genetic
      resources; and
        (2) can result in desertification and destabilization of the
      earth's climate.

    Properly managed tropical forests provide a sustained flow of
    resources essential to the economic growth of developing countries,
    as well as genetic resources of value to developed and developing
    countries alike.
    (b) Priorities
      The concerns expressed in subsection (a) of this section and the
    recommendations of the United States Interagency Task Force on
    Tropical Forests shall be given high priority by the President - 
        (1) in formulating and carrying out programs and policies with
      respect to developing countries, including those relating to
      bilateral and multilateral assistance and those relating to
      private sector activities; and
        (2) in seeking opportunities to coordinate public and private
      development and investment activities which affect forests in
      developing countries.
    (c) Assistance to developing countries
      In providing assistance to developing countries, the President
    shall do the following:
        (1) Place a high priority on conservation and sustainable
      management of tropical forests.
        (2) To the fullest extent feasible, engage in dialogues and
      exchanges of information with recipient countries - 
          (A) which stress the importance of conserving and sustainably
        managing forest resources for the long-term economic benefit of
        those countries, as well as the irreversible losses associated
        with forest destruction, and
          (B) which identify and focus on policies of those countries
        which directly or indirectly contribute to deforestation.

        (3) To the fullest extent feasible, support projects and
      activities - 
          (A) which offer employment and income alternatives to those
        who otherwise would cause destruction and loss of forests, and
          (B) which help developing countries identify and implement
        alternatives to colonizing forested areas.

        (4) To the fullest extent feasible, support training programs,
      educational efforts, and the establishment or strengthening of
      institutions which increase the capacity of developing countries
      to formulate forest policies, engage in relevant land-use
      planning, and otherwise improve the management of their forests.
        (5) To the fullest extent feasible, help end destructive slash-
      and-burn agriculture by supporting stable and productive farming
      practices in areas already cleared or degraded and on lands which
      inevitably will be settled, with special emphasis on
      demonstrating the feasibility of agroforestry and other
      techniques which use technologies and methods suited to the local
      environment and traditional agricultural techniques and feature
      close consultation with and involvement of local people.
        (6) To the fullest extent feasible, help conserve forests which
      have not yet been degraded, by helping to increase production on
      lands already cleared or degraded through support of
      reforestation, fuelwood, and other sustainable forestry projects
      and practices, making sure that local people are involved at all
      stages of project design and implementation.
        (7) To the fullest extent feasible, support projects and other
      activities to conserve forested watersheds and rehabilitate those
      which have been deforested, making sure that local people are
      involved at all stages of project design and implementation.
        (8) To the fullest extent feasible, support training, research,
      and other actions which lead to sustainable and more
      environmentally sound practices for timber harvesting, removal,
      and processing, including reforestation, soil conservation, and
      other activities to rehabilitate degraded forest lands.
        (9) To the fullest extent feasible, support research to expand
      knowledge of tropical forests and identify alternatives which
      will prevent forest destruction, loss, or degradation, including
      research in agroforestry, sustainable management of natural
      forests, small-scale farms and gardens, small-scale animal
      husbandry, wider application of adopted traditional practices,
      and suitable crops and crop combinations.
        (10) To the fullest extent feasible, conserve biological
      diversity in forest areas by - 
          (A) supporting and cooperating with United States Government
        agencies, other donors (both bilateral and multilateral), and
        other appropriate governmental, intergovernmental, and
        nongovernmental organizations in efforts to identify,
        establish, and maintain a representative network of protected
        tropical forest ecosystems on a worldwide basis;
          (B) whenever appropriate, making the establishment of
        protected areas a condition of support for activities involving
        forest clearance or degradation; and
          (C) helping developing countries identify tropical forest
        ecosystems and species in need of protection and establish and
        maintain appropriate protected areas.

        (11) To the fullest extent feasible, engage in efforts to
      increase the awareness of United States Government agencies and
      other donors, both bilateral and multilateral, of the immediate
      and long-term value of tropical forests.
        (12) To the fullest extent feasible, utilize the resources and
      abilities of all relevant United States Government agencies.
        (13) Require that any program or project under this part
      significantly affecting tropical forests (including projects
      involving the planting of exotic plant species) - 
          (A) be based upon careful analysis of the alternatives
        available to achieve the best sustainable use of the land, and
          (B) take full account of the environmental impacts of the
        proposed activities on biological diversity,

      as provided for in the environmental procedures of the Agency for
      International Development.
        (14) Deny assistance under this part for - 
          (A) the procurement or use of logging equipment, unless an
        environmental assessment indicates that all timber harvesting
        operations involved will be conducted in an environmentally
        sound manner which minimizes forest destruction and that the
        proposed activity will produce positive economic benefits and
        sustainable forest management systems; and
          (B) actions which significantly degrade national parks or
        similar protected areas which contain tropical forests or
        introduce exotic plants or animals into such areas.

        (15) Deny assistance under this part for the following
      activities unless an environmental assessment indicates that the
      proposed activity will contribute significantly and directly to
      improving the livelihood of the rural poor and will be conducted
      in an environmentally sound manner which supports sustainable
      development:
          (A) Activities which would result in the conversion of forest
        lands to the rearing of livestock.
          (B) The construction, upgrading, or maintenance of roads
        (including temporary haul roads for logging or other extractive
        industries) which pass through relatively undegraded forest
        lands.
          (C) The colonization of forest lands.
          (D) The construction of dams or other water control
        structures which flood relatively undegraded forest lands.
    (d) PVOs and other nongovernmental organizations
      Whenever feasible, the President shall accomplish the objectives
    of this section through projects managed by private and voluntary
    organizations or international, regional, or national
    nongovernmental organizations which are active in the region or
    country where the project is located.
    (e) Country analysis requirements
      Each country development strategy statement or other country plan
    prepared by the Agency for International Development shall include
    an analysis of - 
        (1) the actions necessary in that country to achieve
      conservation and sustainable management of tropical forests, and
        (2) the extent to which the actions proposed for support by the
      Agency meet the needs thus identified.
    (f) Annual report
      Each annual report required by section 2394(a) of this title
    shall include a report on the implementation of this section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 118, as added Pub. L. 99-529, title
    III, Sec. 301(3), Oct. 24, 1986, 100 Stat. 3014.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 118 of Pub. L. 87-195, pt. I, was renumbered
    section 117 and is classified to section 2151p of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151q                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151q. Endangered species

-STATUTE-
    (a) Congressional findings and purposes
      The Congress finds the survival of many animal and plant species
    is endangered by over-hunting, by the presence of toxic chemicals
    in water, air and soil, and by the destruction of habitats. The
    Congress further finds that the extinction of animal and plant
    species is an irreparable loss with potentially serious
    environmental and economic consequences for developing and
    developed countries alike. Accordingly, the preservation of animal
    and plant species through the regulation of the hunting and trade
    in endangered species, through limitations on the pollution of
    natural ecosystems, and through the protection of wildlife habitats
    should be an important objective of the United States development
    assistance.
    (b) Remedial measures
      In order to preserve biological diversity, the President is
    authorized to furnish assistance under subchapter I of this
    chapter, notwithstanding section 2420 of this title, to assist
    countries in protecting and maintaining wildlife habitats and in
    developing sound wildlife management and plant conservation
    programs. Special efforts should be made to establish and maintain
    wildlife sanctuaries, reserves, and parks; to enact and enforce
    anti-poaching measures; and to identify, study, and catalog animal
    and plant species, especially in tropical environments.
    (c) Funding level
      For fiscal year 1987, not less than $2,500,000 of the funds
    available to carry out subchapter I of this chapter (excluding
    funds made available to carry out section 2151b(c)(2) of this
    title, relating to the Child Survival Fund) shall be allocated for
    assistance pursuant to subsection (b) of this section for
    activities which were not funded prior to fiscal year 1987. In
    addition, the Agency for International Development shall, to the
    fullest extent possible, continue and increase assistance pursuant
    to subsection (b) of this section for activities for which
    assistance was provided in fiscal years prior to fiscal year 1987.
    (d) Country analysis requirements
      Each country development strategy statement or other country plan
    prepared by the Agency for International Development shall include
    an analysis of - 
        (1) the actions necessary in that country to conserve
      biological diversity, and
        (2) the extent to which the actions proposed for support by the
      Agency meet the needs thus identified.
    (e) Local involvement
      To the fullest extent possible, projects supported under this
    section shall include close consultation with and involvement of
    local people at all stages of design and implementation.
    (f) PVOs and other nongovernmental organizations
      Whenever feasible, the objectives of this section shall be
    accomplished through projects managed by appropriate private and
    voluntary organizations, or international, regional, or national
    nongovernmental organizations, which are active in the region or
    country where the project is located.
    (g) Actions by AID
      The Administrator of the Agency for International Development
    shall - 
        (1) cooperate with appropriate international organizations,
      both governmental and nongovernmental;
        (2) look to the World Conservation Strategy as an overall guide
      for actions to conserve biological diversity;
        (3) engage in dialogues and exchanges of information with
      recipient countries which stress the importance of conserving
      biological diversity for the long-term economic benefit of those
      countries and which identify and focus on policies of those
      countries which directly or indirectly contribute to loss of
      biological diversity;
        (4) support training and education efforts which improve the
      capacity of recipient countries to prevent loss of biological
      diversity;
        (5) whenever possible, enter into long-term agreements in which
      the recipient country agrees to protect ecosystems or other
      wildlife habitats recommended for protection by relevant
      governmental or nongovernmental organizations or as a result of
      activities undertaken pursuant to paragraph (6), and the United
      States agrees to provide, subject to obtaining the necessary
      appropriations, additional assistance necessary for the
      establishment and maintenance of such protected areas;
        (6) support, as necessary and in cooperation with the
      appropriate governmental and nongovernmental organizations,
      efforts to identify and survey ecosystems in recipient countries
      worthy of protection;
        (7) cooperate with and support the relevant efforts of other
      agencies of the United States Government, including the United
      States Fish and Wildlife Service, the National Park Service, the
      Forest Service, and the Peace Corps;
        (8) review the Agency's environmental regulations and revise
      them as necessary to ensure that ongoing and proposed actions by
      the Agency do not inadvertently endanger wildlife species or
      their critical habitats, harm protected areas, or have other
      adverse impacts on biological diversity (and shall report to the
      Congress within a year after October 24, 1986, on the actions
      taken pursuant to this paragraph);
        (9) ensure that environmental profiles sponsored by the Agency
      include information needed for conservation of biological
      diversity; and
        (10) deny any direct or indirect assistance under this part for
      actions which significantly degrade national parks or similar
      protected areas or introduce exotic plants or animals into such
      areas.
    (h) Annual reports
      Each annual report required by section 2394(a) of this title
    shall include, in a separate volume, a report on the implementation
    of this section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 119, as added Pub. L. 98-164, title
    VII, Sec. 702, Nov. 22, 1983, 97 Stat. 1045; amended Pub. L. 99-
    529, title III, Sec. 302, Oct. 24, 1986, 100 Stat. 3017; Pub. L.
    101-167, title V, Sec. 533(d)(4)(A), Nov. 21, 1989, 103 Stat.
    1227.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      A prior section 2151q, Pub. L. 87-195, pt. I, Sec. 119, as added
    Pub. L. 95-88, title I, Sec. 114, Aug. 3, 1977, 91 Stat. 538;
    amended Pub. L. 95-424, title I, Sec. 111, Oct. 6, 1978, 92 Stat.
    948; Pub. L. 96-53, title I, Secs. 104(c), 107, Aug. 14, 1979, 93
    Stat. 362, related to renewable and unconventional energy
    technologies, prior to repeal by Pub. L. 96-533, title III, Sec.
    304(g), Dec. 16, 1980, 94 Stat. 3147.

                                AMENDMENTS                            
      1989 - Subsec. (b). Pub. L. 101-167 inserted ", notwithstanding
    section 2420 of this title," after "subchapter I of this chapter".
      1986 - Subsec. (c). Pub. L. 99-529 added subsec. (c) and struck
    out former subsec. (c) which read as follows: "The Administrator of
    the Agency for International Development, in conjunction with the
    Secretary of State, the Secretary of the Interior, the
    Administrator of the Environmental Protection Agency, the Chairman
    of the Council on Environmental Quality, and the heads of other
    appropriate Government agencies, shall develop a United States
    strategy, including specific policies and programs, to protect and
    conserve biological diversity in developing countries."
      Subsec. (d). Pub. L. 99-529 added subsec. (d) and struck out
    former subsec. (d) which read as follows: "Each annual report
    required by section 2394(a) of this title shall include, in a
    separate volume, a report on the implementation of this subsection.
    Not later than one year after November 22, 1983, the President
    shall submit a comprehensive report to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate on the United States strategy to protect
    and conserve biological diversity in developing countries."
      Subsecs. (e) to (h). Pub. L. 99-529 added subsecs. (e) to (h).

                                SHORT TITLE                            
      For short title of title VII of Pub. L. 98-164, which enacted
    this section and amended section 2452 of this title, as the
    "International Environment Protection Act of 1983", see section 701
    of Pub. L. 98-164, set out as a Short Title of 1983 Amendment note
    under section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
    INCREASED INTERNATIONAL COOPERATION TO PROTECT BIOLOGICAL DIVERSITY
      Pub. L. 100-530, Oct. 25, 1988, 102 Stat. 2651, provided that
    Congress supports United States efforts, consistent with 22 U.S.C.
    2151q(g), to initiate discussions to develop an international
    agreement to preserve biological diversity and calls upon the
    President to continue exerting United States leadership in order to
    achieve the earliest possible negotiation of an international
    convention to conserve biological diversity, and directed the
    President to submit a report to Congress on progress toward goal of
    negotiating such convention not later than one year after Oct. 25,
    1988.

-End-



-CITE-
    22 USC Sec. 2151r                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151r. Sahel development program; planning

-STATUTE-
    (a) Congressional support
      The Congress reaffirms its support of the initiative of the
    United States Government in undertaking consultations and planning
    with the countries concerned, with other nations providing
    assistance, with the United Nations, and with other concerned
    international and regional organizations, toward the development
    and support of a comprehensive long-term African Sahel development
    program.
    (b) Presidential authorization
      The President is authorized to develop a long-term comprehensive
    development program for the Sahel and other drought-stricken
    nations in Africa.
    (c) Presidential guidelines
      In developing this long-term program, the President shall - 
        (1) consider international coordination for the planning and
      implementation of such program;
        (2) seek greater participation and support by African countries
      and organizations in determining development priorities; and
        (3) begin such planning immediately.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 120, formerly pt. III, Sec. 639B, as
    added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87 Stat. 725;
    renumbered pt. I, Sec. 494B and amended Pub. L. 94-161, title I,
    Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I,
    Sec. 120 and amended Pub. L. 95-88, title I, Sec. 115(1), (2), Aug.
    3, 1977, 91 Stat. 539; Pub. L. 95-424, title V, Sec. 502(d)(1),
    Oct. 6, 1978, 92 Stat. 959.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to sections 2292e and 2399-1b of
    this title.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (d). Pub. L. 95-424 struck out subsec. (d)
    authorizing appropriations for development of a long-term African
    Sahel development program.
      1977 - Pub. L. 95-88, Sec. 115(2), substituted "Sahel" for
    "African" in section catchline.
      1975 - Pub. L. 94-161, Sec. 101(7)(A), struck out "Sahel" after
    "African" in section catchline.
      Subsec. (a). Pub. L. 94-161, Sec. 101(7)(B), (C), designated
    existing provisions as subsec. (a) and substituted "Congress
    reaffirms its support of" for "Congress supports".
      Subsecs. (b) to (d). Pub. L. 94-161, Sec. 101(7)(D), added
    subsecs. (b) to (d).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151s                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151s. Repealed.

-MISC1-
    Sec. 2151s. Repealed. Pub. L. 101-513, title V, Sec. 562(d)(5),
      Nov. 5, 1990, 104 Stat. 2031.
      Section, Pub. L. 87-195, pt. I, Sec. 121, as added Pub. L. 95-88,
    title I, Sec. 115(3), Aug. 3, 1977, 91 Stat. 539; amended Pub. L.
    96-53, title I, Sec. 108, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96-
    533, title III, Sec. 306, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97-
    113, title III, Sec. 308, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99-
    83, title VIII, Sec. 809, Aug. 8, 1985, 99 Stat. 263, related to
    Sahel development program.

-End-



-CITE-
    22 USC Sec. 2151t                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151t. Development assistance authority

-STATUTE-
    (a) Authority of President to furnish assistance
      In order to carry out the purposes of this part, the President is
    authorized to furnish assistance, on such terms and conditions as
    he may determine, to countries and areas through programs of grant
    and loan assistance, bilaterally or through regional, multilateral,
    or private entities.
    (b) Authority of President to make loans; terms and conditions
      The President is authorized to make loans payable as to principal
    and interest in United States dollars on such terms and conditions
    as he may determine, in order to promote the economic development
    of countries and areas, with emphasis upon assisting long-range
    plans and programs designed to develop economic resources and
    increase productive capacities. The President shall determine the
    interest payable on any loan. In making loans under this part, the
    President shall consider the economic circumstances of the borrower
    and other relevant factors, including the capacity of the recipient
    country to repay the loan at a reasonable rate of interest, except
    that loans may not be made at a rate of interest of less than 3 per
    centum per annum commencing not later than ten years following the
    date on which the funds are initially made available under the
    loan, during which ten-year period the rate of interest shall not
    be lower than 2 per centum per annum, nor higher than the
    applicable legal rate of interest of the country in which the loan
    is made.
    (c) Dollar receipts from loans to be paid into Treasury
      Dollar receipts paid during any fiscal year from loans made under
    subchapter I of this chapter or from loans made under predecessor
    foreign assistance legislation shall be deposited in the Treasury
    as miscellaneous receipts.
    (d) Assistance to research and educational institutions in United
      States; limitation on amounts
      Not to exceed $10,000,000 of the funds made available each fiscal
    year for the purposes of this part may be used for assistance, on
    such terms and conditions as the President may determine, to
    research and educational institutions in the United States for the
    purpose of strengthening their capacity to develop and carry out
    programs concerned with the economic and social development of
    developing countries.
    (e) Development Loan Committee; establishment; duties; appointment
      of officers
      The President shall establish an interagency Development Loan
    Committee, consisting of such officers from such agencies of the
    United States Government as he may determine, which shall, under
    the direction of the President, establish standards and criteria
    for lending operations under this part in accordance with the
    foreign and financial policies of the United States. Except in the
    case of officers serving in positions to which they were appointed
    by the President by and with the advice and consent of the Senate,
    officers assigned to the Committee shall be so assigned by the
    President by and with the advice and consent of the Senate.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 122, as added Pub. L. 95-424, title I,
    Sec. 102(a), (b)(1), (c)(1), (d), Oct. 6, 1978, 92 Stat. 940, 941.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      Subsec. (b) of this section consists of provisions formerly
    contained in subsections (b), (c), and (d) of section 2161 of this
    title. Subsec. (e) of this section consists of provisions formerly
    contained in section 2164 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2151t-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151t-1. Establishment of program

-STATUTE-
    (a) In general
      In carrying out part I of the Foreign Assistance Act of 1961 [22
    U.S.C. 2151 et seq.] and other relevant foreign assistance laws,
    the President, acting through the Administrator of the United
    States Agency for International Development, shall establish a
    program of training and other technical assistance to assist
    foreign countries in - 
        (1) developing and strengthening laws and regulations to
      protect intellectual property; and
        (2) developing the infrastructure necessary to implement and
      enforce such laws and regulations.
    (b) Participation of other agencies
      The Administrator of the United States Agency for International
    Development - 
        (1) shall utilize the expertise of the Patent and Trademark
      Office and other agencies of the United States Government in
      designing and implementing the program of assistance provided for
      in this section;
        (2) shall coordinate assistance under this section with efforts
      of other agencies of the United States Government to increase
      international protection of intellectual property, including
      implementation of international agreements containing high levels
      of protection of intellectual property; and
        (3) shall consult with the heads of such other agencies in
      determining which foreign countries will receive assistance under
      this section.

-SOURCE-
    (Pub. L. 103-392, title V, Sec. 501, Oct. 22, 1994, 108 Stat.
    4103.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec. (a),
    is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I
    of the Act is classified generally to subchapter I (Sec. 2151 et
    seq.) of this chapter. For provisions deeming references to
    subchapter I to include parts IV (Sec. 2346 et seq.), VI (Sec. 2348
    et seq.), and VIII (Sec. 2349aa et seq.) of subchapter II of this
    chapter, see section 202(b) of Pub. L. 92-228, set out as a note
    under section 2346 of this title, and sections 2348c and 2349aa-5
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2151 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Jobs Through Trade Expansion
    Act of 1994, and not as part of the Foreign Assistance Act of 1961
    which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2151u                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151u. Private and voluntary organizations and cooperatives in
      overseas development

-STATUTE-
    (a) Congressional finding of importance of participation by private
      and voluntary organizations
      The Congress finds that the participation of rural and urban poor
    people in their countries' development can be assisted and
    accelerated in an effective manner through an increase in
    activities planned and carried out by private and voluntary
    organizations and cooperatives. Such organizations and
    cooperatives, embodying the American spirit of self-help and
    assistance to others to improve their lives and incomes, constitute
    an important means of mobilizing private American financial and
    human resources to benefit poor people in developing countries. The
    Congress declares that it is in the interest of the United States
    that such organizations and cooperatives expand their overseas
    development efforts without compromising their private and
    independent nature. The Congress further declares that the
    financial resources of such organizations and cooperatives should
    be supplemented by the contribution of public funds for the purpose
    of undertaking development activities in accordance with the
    principles set forth in section 2151-1 of this title and, if
    necessary and determined on a case-by-case basis, for the purpose
    of sharing the cost of developing programs related to such
    activities. The Congress urges the Administrator of the agency
    primarily responsible for administering subchapter I of this
    chapter, in implementing programs authorized under subchapter I of
    this chapter, to draw on the resource of private and voluntary
    organizations and cooperatives to plan and carry out development
    activities and to establish simplified procedures for the
    development and approval of programs to be carried out by such
    private and voluntary organizations and cooperatives as have
    demonstrated a capacity to undertake effective development
    activities.
    (b) Payment of transportation charges on shipments by American
      National Red Cross and United States voluntary agencies
      In order to further the efficient use of United States voluntary
    contributions for development, relief, and rehabilitation of
    friendly peoples, the President is authorized to use funds made
    available for the purposes of this part and part X of this
    subchapter to pay transportation charges on shipments by the
    American National Red Cross and by United States voluntary agencies
    registered with the Agency for International Development.
    (c) Reimbursement for transportation charges
      Reimbursement under this section may be provided for
    transportation charges on shipments from United States ports, or in
    the case of excess or surplus property supplied by the United
    States from foreign ports, to ports of entry abroad or to points of
    entry abroad in cases (1) of landlocked countries, (2) where ports
    cannot be used effectively because of natural or other
    disturbances, (3) where carriers to a specified country are
    unavailable, or (4) where a substantial savings in costs or time
    can be effected by the utilization of points of entry other than
    ports.
    (d) Arrangements with receiving country for free entry of shipments
      and for availability of local currency to defray transportation
      costs
      Where practicable, the President shall make arrangements with the
    receiving country for free entry of such shipments and for the
    making available by the country of local currencies for the purpose
    of defraying the transportation costs of such shipments from the
    port or point of entry of the receiving country to the designated
    shipping point of the consignee.
    (e) Continuation of support for programs in countries antedating
      prohibitions on assistance; national interest considerations;
      report to Congress
      Prohibitions on assistance to countries contained in this chapter
    or any other Act shall not be construed to prohibit assistance by
    the agency primarily responsible for administering subchapter I of
    this chapter in support of programs of private and voluntary
    organizations and cooperatives already being supported prior to the
    date such prohibition becomes applicable. The President shall take
    into consideration, in any case in which statutory prohibitions on
    assistance would be applicable but for this subsection, whether
    continuation of support for such programs is in the national
    interest of the United States. If the President continues such
    support after such date, he shall prepare and transmit, not later
    than one year after such date, to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate a report setting forth the reasons for such
    continuation.
    (f) Funds for private and voluntary organizations
      For each of the fiscal years 1986 through 1989, funds in an
    amount not less than thirteen and one half percent of the aggregate
    amount appropriated for that fiscal year to carry out sections
    2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2151s,(!1) and 2292 of
    this title shall be made available for the activities of private
    and voluntary organizations, and the President shall seek to
    channel funds in an amount not less than 16 percent of such
    aggregate amount for the activities of private and voluntary
    organizations. Funds made available under part IV of subchapter II
    of this chapter for the activities of private and voluntary
    organizations may be considered in determining compliance with the
    requirements of this subsection.

    (g) Repealed. Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct.
      21, 1998, 112 Stat. 2681-150, 2681-156
    (h) Promotion of democratic cooperatives
      The Congress recognizes that, in addition to their role in social
    and economic development, cooperatives provide an opportunity for
    people to participate directly in democratic decisionmaking.
    Therefore, assistance under this part shall be provided to rural
    and urban cooperatives which offer large numbers of low- and middle-
    income people in developing countries an opportunity to
    participate directly in democratic decisionmaking. Such assistance
    shall be designed to encourage the adoption of self-help, private
    sector cooperative techniques and practices which have been
    successful in the United States.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 123, as added Pub. L. 95-424, title I,
    Sec. 102(e), Oct. 6, 1978, 92 Stat. 941; amended Pub. L. 96-53,
    title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 96-533,
    title III, Sec. 307, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97-113,
    title III, Sec. 309, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99-83,
    title III, Secs. 309, 310, Aug. 8, 1985, 99 Stat. 215; Pub. L. 101-
    513, title V, Sec. 562(d)(6), Nov. 5, 1990, 104 Stat. 2031; Pub.
    L. 105-277, div. A, Sec. 101(d) [title II], Oct. 21, 1998, 112
    Stat. 2681-150, 2681-156.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (e), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      Section 2151s of this title, referred to in subsec. (f), was
    repealed by Pub. L. 101-513, title V, Sec. 562(d)(5), Nov. 5, 1990,
    104 Stat. 2031.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1998 - Subsec. (g). Pub. L. 105-277 struck out subsec. (g) which
    read as follows: "After December 31, 1984, funds made available to
    carry out section 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2292,
    or 2293 of this title may not be made available for programs of any
    United States private and voluntary organization which does not
    obtain at least 20 percent of its total annual financial support
    for its international activities from sources other than the United
    States Government, except that this restriction does not apply with
    respect to programs which, as of that date, are receiving financial
    support from the agency primarily responsible for administering
    subchapter I of this chapter. The Administrator of the agency
    primarily responsible for administering subchapter I of this
    chapter may, on a case-by-case basis, waive the restriction
    established by this subsection, after taking into account the
    effectiveness of the overseas development activities of the
    organization, its level of volunteer support, its financial
    viability and stability, and the degree of its dependence for its
    financial support on the agency primarily responsible for
    administering subchapter I of this chapter."
      1990 - Subsec. (b). Pub. L. 101-513, Sec. 562(d)(6)(A), inserted
    "and part X of this subchapter" after "this part".
      Subsec. (g). Pub. L. 101-513, Sec. 562(d)(6)(B), substituted
    "2292, or 2293" for "2191s, or 2292".
      1985 - Subsec. (e). Pub. L. 99-83, Sec. 309(a), substituted "one
    year" for "thirty days".
      Subsec. (f). Pub. L. 99-83, Sec. 309(b)(1), substituted "1986
    through 1989" for "1982, 1983, and 1984".
      Pub. L. 99-83, Sec. 309(b)(2), which directed the substitution of
    "thirteen and one half" for "twelve" was executed by making the
    substitution for "12" as the probable intent of Congress because
    "twelve" did not appear in text.
      Pub. L. 99-83, Sec. 309(b)(3), inserted provisions relating to
    funds for determining compliance with subsec. (f).
      Subsec. (h). Pub. L. 99-83, Sec. 310, added subsec. (h).
      1981 - Subsecs. (f), (g). Pub. L. 97-113, Sec. 309, added
    subsecs. (f) and (g).
      1980 - Subsec. (a). Pub. L. 96-533, Sec. 307(1), (2), provided
    for contribution of public funds to private and voluntary
    organizations and cooperatives for purpose of sharing cost of
    developing programs related to development activities and
    encouraged establishment of simplified procedures for development
    of programs to be carried out by such entities having a capacity
    for undertaking effective development programs.
      Subsec. (e). Pub. L. 96-533, Sec. 307(3), added subsec. (e).
      1979 - Subsec. (b). Pub. L. 96-53 substituted "Agency for
    International Development" for "Advisory Committee on Voluntary
    Foreign Aid".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                    PRIVATE AND VOLUNTEER ORGANIZATIONS                
      Pub. L. 108-199, div. D, title V, Sec. 502, Jan. 23, 2004, 118
    Stat. 166, which prohibited any funds appropriated or otherwise
    made available by div. D of Pub. L. 108-199 from being made
    available to any United States private and voluntary organization,
    except any cooperative development organization, which obtained
    less than 20 percent of its total annual funding for international
    activities from sources other than the United States Government,
    with certain exceptions, was from the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2004, and was
    not repeated in subsequent appropriation acts. Similar provisions
    were contained in the following prior appropriation acts:
      Pub. L. 108-7, div. E, title V, Sec. 502(a), Feb. 20, 2003, 117
    Stat. 180.
      Pub. L. 107-115, title V, Sec. 502(a), Jan. 10, 2002, 115 Stat.
    2139.
      Pub. L. 106-429, Sec. 101(a) [title II], Nov. 6, 2000, 114 Stat.
    1900, 1900A-8.
      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title II], Nov. 29,
    1999, 113 Stat. 1535, 1501A-68.
      Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct. 21, 1998,
    112 Stat. 2681-150, 2681-156.
      Pub. L. 105-118, title II, Nov. 26, 1997, 111 Stat. 2390.
      Pub. L. 104-208, div. A, title I, Sec. 101(c) [title II], Sept.
    30, 1996, 110 Stat. 3009-121, 3009-126.
      Pub. L. 104-107, title II, Feb. 12, 1996, 110 Stat. 708.
      Pub. L. 103-306, title II, Aug. 23, 1994, 108 Stat. 1612.
      Pub. L. 103-87, title II, Sept. 30, 1993, 107 Stat. 935.
      Pub. L. 102-391, title II, Oct. 6, 1992, 106 Stat. 1642.
      Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1987.
      Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1204.
      Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-9.
      Pub. L. 100-202, Sec. 101(e) [title II], Dec. 22, 1987, 101 Stat.
    1329-131, 1329-139.
      Pub. L. 99-500, Sec. 101(f) [title II], Oct. 18, 1986, 100 Stat.
    1783-213, 1783-218, and Pub. L. 99-591, Sec. 101(f) [title II],
    Oct. 30, 1986, 100 Stat. 3341-214, 3341-218.
      Pub. L. 99-190, Sec. 101(i) [title II], Dec. 19, 1985, 99 Stat.
    1291, 1296.
      Pub. L. 98-473, title I, Sec. 101(1) [title II], Oct. 12, 1984,
    98 Stat. 1884, 1889; repealed by Pub. L. 105-277, div. A, Sec.
    101(d) [title II], Oct. 21, 1998, 112 Stat. 2681-150, 2681-156.

                    SHIPMENT OF HUMANITARIAN ASSISTANCE                
      Pub. L. 108-199, div. D, title V, Sec. 534(f), Jan. 23, 2004, 118
    Stat. 182, provided that: "During fiscal year 2004 and each fiscal
    year thereafter, of the amounts made available by the United States
    Agency for International Development to carry out the provisions of
    section 123(b) of the Foreign Assistance Act of 1961 [this
    section], funds may be made available to nongovernmental
    organizations for administrative costs necessary to implement a
    program to obtain available donated space on commercial ships for
    the shipment of humanitarian assistance overseas."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-7, div. E, title V, Sec. 534(g), Feb. 20, 2003, 117
    Stat. 194.
      Pub. L. 107-206, title I, Sec. 602, Aug. 2, 2002, 116 Stat. 859.

         STUDY AND REPORT CONCERNING USE OF PRIVATE AND VOLUNTARY
              ORGANIZATIONS, COOPERATIVES, AND PRIVATE SECTOR
      Section 311 of Pub. L. 99-83 provided that:
      "(a) Study. - The Administrator of the Agency for International
    Development shall undertake a comprehensive study of additional
    ways to provide development assistance through nongovernmental
    organizations, including United States and indigenous private and
    voluntary organizations, cooperatives, the business community, and
    other private entities. Such study shall include - 
        "(1) an analysis of the percentage of development assistance
      allocated to governmental and nongovernmental programs;
        "(2) an analysis of structural impediments, within both the
      United States and foreign governments, to additional use of
      nongovernmental programs; and
        "(3) an analysis of the comparative economic benefits of
      governmental and nongovernmental programs.
      "(b) Report. - The Administrator shall report the results of this
    study to the Congress no later than September 30, 1986."

                      AFRICAN DEVELOPMENT FOUNDATION                  
      Section 122 of Pub. L. 95-424, as amended by Pub. L. 97-113,
    title VII, Sec. 734(a)(5), Dec. 29, 1981, 95 Stat. 1560, provided
    that:
      "(a) The Congress declares that the United States should place
    higher priority on the formulation and implementation of policies
    and programs to enable the people of African nations to develop
    their potential, fulfill their aspirations, and enjoy better, more
    productive lives. In furtherance of these objectives, the Congress
    finds that additional support is needed for community-based self-
    help activities in Africa and that an African Development
    Foundation, organized to further the purposes set forth in section
    123 of the Foreign Assistance Act of 1961 [this section], can
    complement current United States development programs in Africa.
      "(b) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(5), Dec.
    29, 1981, 95 Stat. 1560.]"

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2151v                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151v. Aid to relatively least developed countries

-STATUTE-
    (a) Characterization of least developed countries
      Relatively least developed countries (as determined on the basis
    of criteria comparable to those used for the United Nations General
    Assembly list of "least developed countries") are characterized by
    extreme poverty, very limited infrastructure, and limited
    administrative capacity to implement basic human needs growth
    strategies. In such countries special measures may be necessary to
    insure the full effectiveness of assistance furnished under
    subchapter I of this chapter.
    (b) Assistance on grant basis
      For the purpose of promoting economic growth in these countries,
    the President is authorized and encouraged to make assistance under
    this part available on a grant basis to the maximum extent that is
    consistent with the attainment of United States development
    objectives.
    (c) Waiver of principal and interest on prior liability
      (1) The Congress recognizes that the relatively least developed
    countries have virtually no access to private international capital
    markets. Insofar as possible, prior assistance terms should be
    consistent with present grant assistance terms for relatively least
    developed countries. Therefore, notwithstanding section 2370(r) of
    this title and section 321 of the International Development and
    Food Assistance Act of 1975 but subject to paragraph (2) of this
    subsection, the President on a case-by-case basis, taking into
    account the needs of the country for financial resources and the
    commitment of the country to the development objectives set forth
    in sections 2151 and 2151-1 of this title - 
        (A) may permit a relatively least developed country to place
      amounts, which would otherwise be paid to the United States as
      payments on principal or interest on liability incurred by that
      country under subchapter I of this chapter (or any predecessor
      legislation) into local currency accounts (in equivalent amounts
      of local currencies as determined by the official exchange rate
      for United States dollars) for use by the relatively least
      developed country, with the concurrence of the Administrator of
      the agency primarily responsible for administering subchapter I
      of this chapter, for activities which are consistent with section
      2151-1 of this title; and
        (B) may waive interest payments on liability incurred by a
      relatively least developed country under subchapter I of this
      chapter (or any predecessor legislation) if the President
      determines that that country would be unable to use for
      development purposes the equivalent amounts of local currencies
      which could be made available under subparagraph (A).

      (2) The aggregate amount of interest waived and interest and
    principal paid into local currency accounts under this subsection
    in any fiscal year may not exceed the amount approved for such
    purpose in an Act appropriating funds to carry out this part for
    that fiscal year, which amount may not exceed the amount authorized
    to be so approved by the annual authorizing legislation for
    development assistance programs. Amounts due and payable during
    fiscal year 1981 to the United States from relatively least
    developed countries on loans made under this subchapter (or any
    predecessor legislation) are authorized to be approved for use, in
    accordance with the provisions of paragraph (1) of this subsection,
    in an amount not to exceed $10,845,000.
      (3) In exercising the authority granted by this subsection, the
    President should act in concert with other creditor countries.
    (d) Waiver of requirement of contribution
      The President may on a case-by-case basis waive the requirement
    of section 2151h(a) of this title for financial or "in kind"
    contributions in the case of programs, projects, or activities in
    relatively least developed countries.
    (e) Waiver of time limitations on aid
      Section 2151h(b) of this title shall not apply with respect to
    grants to relatively least developed countries.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 124, as added Pub. L. 95-424, title I,
    Sec. 112(a)(1), Oct. 6, 1978, 92 Stat. 948; amended Pub. L. 96-53,
    title I, Sec. 109, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96-533,
    title III, Sec. 308, Oct. 16, 1980, 94 Stat. 3147.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 321 of the International Development and Food Assistance
    Act of 1975, referred to in subsec. (c)(1), is section 321 of Pub.
    L. 94-161, Dec. 20, 1975, 89 Stat. 868, which is set out as a note
    under section 2220a of this title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1980 - Subsec. (c)(2). Pub. L. 96-533 substituted "fiscal year
    1981" and "$10,845,000" for "fiscal year 1980" and "$18,800,000",
    respectively.
      1979 - Subsec. (c)(2). Pub. L. 96-53 inserted provisions
    respecting use of funds due and payable during fiscal year 1980 to
    the United States.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                              EFFECTIVE DATE                          
      Section 112(a)(2) of Pub. L. 94-424 provided that: "The authority
    granted by section 124(c) of the Foreign Assistance Act of 1961
    [subsec. (c) of this section] shall not become effective until
    October 1, 1979."
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
         PRESIDENTIAL AUTHORITY DURING FISCAL YEARS 1990 AND 1991     
      Pub. L. 100-461, title V, Sec. 572, Oct. 1, 1988, 102 Stat. 2268-
    44, provided that during fiscal years 1990 and 1991, President
    could use authority of paragraphs (A) and (B) of subsection (c)(1)
    of this section with respect to such aggregate amounts of principal
    and interest payable during each of those fiscal years as President
    determined, or at any time after Sept. 30, 1989, President could,
    if he determined it was in national interest to do so, use
    authority of those paragraphs with respect to such aggregate
    amounts of outstanding principal and interest payable at any time
    after that date, and that such authority could be exercised with
    respect to specified countries, and be exercised notwithstanding
    subsection (c)(2) of this section.

-End-



-CITE-
    22 USC Sec. 2151w                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151w. Project and program evaluations

-STATUTE-
      (a) The Administrator of the agency primarily responsible for
    administering subchapter I of this chapter is directed to improve
    the assessment and evaluation of the programs and projects carried
    out by that agency under this part. The Administrator shall consult
    with the appropriate committees of the Congress in establishing
    standards for such evaluations.
      (b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
    1981, 95 Stat. 1560.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 125, as added Pub. L. 95-424, title I,
    Sec. 113, Oct. 6, 1978, 92 Stat. 950; amended Pub. L. 97-113, title
    VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1981 - Subsec. (b). Pub. L. 97-113 struck out subsec. (b) which
    required an annual Presidential report on actions taken by the
    international financial institutions and the United Nations
    Development Program to improve the evaluation of their own
    programs.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.

-End-



-CITE-
    22 USC Sec. 2151x                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151x. Development and illicit narcotics production

-STATUTE-
    (a) Congressional statement of findings
      The Congress recognizes that illicit narcotics cultivation is
    related to overall development problems and that the vast majority
    of all individuals employed in the cultivation of illicit narcotics
    reside in the developing countries and are among the poorest of the
    poor in those countries and that therefore the ultimate success of
    any effort to eliminate illicit narcotics production depends upon
    the availability of alternative economic opportunities for those
    individuals, upon other factors which assistance under this part
    could address, as well as upon direct narcotics control efforts.
    (b) Program planning priorities; resource utilization
      (1) In planning programs of assistance under this part, and part
    X of this subchapter, and under part IV of subchapter II of this
    chapter for countries in which there is illicit narcotics
    cultivation, the agency primarily responsible for administering
    subchapter I of this chapter should give priority consideration to
    programs which would help reduce illicit narcotics cultivation by
    stimulating broader development opportunities.
      (2) The agency primarily responsible for administering subchapter
    I of this chapter may utilize resources for activities aimed at
    increasing awareness of the effects of production and trafficking
    of illicit narcotics on source and transit countries.
    (c) Administrative requirements
      In furtherance of the purposes of this section, the agency
    primarily responsible for administering subchapter I of this
    chapter shall cooperate fully with, and share its expertise in
    development matters with, other agencies of the United States
    Government involved in narcotics control activities abroad.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 126, as added Pub. L. 96-53, title I,
    Sec. 110, Aug. 14, 1979, 93 Stat. 363; amended Pub. L. 99-83, title
    VI, Sec. 603, Aug. 8, 1985, 99 Stat. 228; Pub. L. 101-513, title V,
    Sec. 562(d)(7), Nov. 5, 1990, 104 Stat. 2031.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1990 - Subsec. (b)(1). Pub. L. 101-513 inserted ", and part X of
    this subchapter," after "this part".
      1985 - Subsec. (b). Pub. L. 99-83 designated existing provisions
    as par. (1), inserted reference to part IV of subchapter II of this
    chapter, and added par. (2).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96-
    53, set out as an Effective Date of 1979 Amendment note under
    section 2151 of this title.

-End-



-CITE-
    22 USC Sec. 2151x-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151x-1. Assistance for agricultural and industrial
      alternatives to narcotics production

-STATUTE-
    (a) Waiver of restrictions
      For the purpose of reducing dependence upon the production of
    crops from which narcotic and psychotropic drugs are derived, the
    President may provide assistance to a foreign country under chapter
    1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
    and following; relating to development assistance) and chapter 4 of
    part II of that Act (22 U.S.C. 2346 and following; relating to the
    economic support fund) to promote the production, processing, or
    the marketing of products or commodities, notwithstanding any other
    provision of law that would otherwise prohibit the provision of
    assistance to promote the production, processing, or the marketing
    of such products or commodities.
    (b) Effective date
      Subsection (a) of this section applies with respect to funds made
    available for fiscal year 1991 or any fiscal year thereafter.

-SOURCE-
    (Pub. L. 101-623, Sec. 6, Nov. 21, 1990, 104 Stat. 3355.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec. (a),
    is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter
    1 of part I and chapter 4 of part II of the Act are classified
    generally to part I (Sec. 2151 et seq.) of subchapter I and part IV
    (Sec. 2346 et seq.) of subchapter II, respectively, of this
    chapter. For provisions deeming references to part I of subchapter
    I to include a reference to section 2293 of this title, see section
    2293(d)(1) of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 2151 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Narcotics
    Control Act of 1990, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2151x-2                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151x-2. Assistance in furtherance of narcotics control
      objectives of United States

-STATUTE-
    (a) Waiver of certain restrictions
      For the purpose of reducing dependence upon the production of
    crops from which narcotic and psychotropic drugs are derived, the
    President may provide economic assistance for a country which,
    because of its coca production, is a major illicit drug producing
    country (as defined in section 481(i)(2) (!1) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2291(i)(2))) to promote the
    production, processing, or the marketing of products which can be
    economically produced in such country, notwithstanding the
    provisions of law described in subsection (b) of this section.

    (b) Description of restrictions waived
      The provisions of law made inapplicable by subsection (a) of this
    section are any other provisions of law that would otherwise
    restrict the use of economic assistance funds with respect to the
    production, processing, or marketing of agricultural commodities
    (or the products thereof) or other products, including sections
    521, 546, and 547 (but excluding section 510) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations
    Act, 1990, and comparable provisions of subsequent Acts
    appropriating funds for foreign operations, export financing, and
    related programs.
    (c) "Economic assistance" defined
      As used in this section, the term "economic assistance" means
    assistance under chapter 1 of part I of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2151 and following; relating to development
    assistance) and assistance under chapter 4 of part II of that Act
    (22 U.S.C. 2346 and following; relating to the economic support
    fund).

-SOURCE-
    (Pub. L. 101-624, title XV, Sec. 1544, Nov. 28, 1990, 104 Stat.
    3695.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990, referred to in subsec. (b), is Pub. L.
    101-167, Nov. 21, 1989, 103 Stat. 1195. Sections 510, 521, 546, and
    547 of that Act are not classified to the Code.
      The Foreign Assistance Act of 1961, referred to in subsecs. (a)
    and (c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended. Chapter 1 of part I and chapter 4 of part II of the Act
    are classified generally to part I (Sec. 2151 et seq.) of
    subchapter I and part IV (Sec. 2346 et seq.) of subchapter II,
    respectively, of this chapter. For provisions deeming references to
    part I of subchapter I to include a reference to section 2293 of
    this title, see section 2293(d)(1) of this title. Subsec. (i) of
    section 481 of the Act was redesignated (e) by Pub. L. 102-583,
    Sec. 6(b)(3), Nov. 2, 1992, 106 Stat. 4932. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2151y                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 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

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 127, as added Pub. L. 96-53, title V,
    Sec. 508(a), Aug. 14, 1979, 93 Stat. 379.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96-
    53, set out as an Effective Date of 1979 Amendment note under
    section 2151 of this title.

     NEGOTIATING EFFORTS CONCERNING ACCELERATED LOAN REPAYMENTS TO BE
    INCLUDED IN ANNUAL REPORTS ON FOREIGN ASSISTANCE FOR 1980 AND 1981
      Section 508(b) of Pub. L. 96-53, which related to loan repayment
    provisions in reports, was repealed by Pub. L. 97-113, title VII,
    Sec. 734(a)(3), Dec. 29, 1981, 95 Stat. 1560.

-End-



-CITE-
    22 USC Sec. 2151z                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151z. Targeted assistance

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 128, as added Pub. L. 97-377, title I,
    Sec. 101(b)(2), Dec. 21, 1982, 96 Stat. 1832; amended Pub. L. 99-
    83, title III, Sec. 312(a), Aug. 8, 1985, 99 Stat. 216.)


-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-83, in amending section generally, designated
    existing provisions as subsec. (a), substituted provisions setting
    overall guidelines and principles for determination of target
    populations and strengthening United States assistance, for
    provisions relating to Presidential responsibility in carrying out
    this part in fiscal year 1983 for targeting assistance for those
    living in absolute poverty, and added subsec. (b).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
    REPORT OF ADMINISTRATOR OF AGENCY FOR INTERNATIONAL DEVELOPMENT TO
          CONGRESS BY JUNE 21, 1983, ON IMPLEMENTATION OF SECTION
      Section 101(b)(2) of Pub. L. 97-377 provided in part: "That
    within six months after the date of approval of this joint
    resolution [Dec. 21, 1982], the Administrator of the Agency for
    International Development shall report to Congress on the
    implementation of this provision [this section], the types of
    projects determined to meet these requirements, and the effect on
    the overall United States foreign assistance program."

-End-



-CITE-
    22 USC Sec. 2151aa                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2151aa. Program to provide technical assistance to foreign
      governments and foreign central banks of developing or
      transitional countries

-STATUTE-
    (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
      chapter 9 of title I of the Foreign Service Act of 1980 (22
      U.S.C. 4081 et seq.) to any officer or employee of any agency of
      the United States Government performing functions under this
      section outside the United States.
        (2)(A) The Secretary may allocate or transfer to any agency of
      the United States Government any part of any funds available for
      carrying out this section, including any advance to the United
      States Government by any country or international organization
      for the procurement of commodities, supplies, or services.
        (B) Such funds shall be available for obligation and
      expenditure for the purposes for which such funds were
      authorized, in accordance with authority granted in this section
      or under authority governing the activities of the agency of the
      United States Government to which such funds are allocated or
      transferred.
        (3) Appropriations for the purposes of or pursuant to this
      section, and allocations to any agency of the United States
      Government from other appropriations for functions directly
      related to the purposes of this section, shall be available for -
      
          (A) contracting with individuals for personal services
        abroad, except that such individuals shall not be regarded as
        employees of the United States Government for the purpose of
        any law administered by the Office of Personnel Management;
          (B) the purchase and hire of passenger motor vehicles, except
        that passenger motor vehicles may be purchased only - 
            (i) for use in foreign countries; and
            (ii) if the Secretary or the Secretary's designee has
          determined that the vehicle is necessary to accomplish the
          mission;

          (C) the purchase of insurance for official motor vehicles
        acquired for use in foreign countries;
          (D)(i) the rent or lease outside the United States, not to
        exceed 5 years, of offices, buildings, grounds, and quarters,
        including living quarters to house personnel, consistent with
        the relevant interagency housing board policy, and payments
        therefor in advance;
          (ii) maintenance, furnishings, necessary repairs,
        improvements, and alterations to properties owned or rented by
        the United States Government or made available for use to the
        United States Government outside the United States; and
          (iii) costs of insurance, fuel, water, and utilities for such
        properties;
          (E) expenses of preparing and transporting to their former
        homes or places of burial the remains of foreign participants
        or members of the family of foreign participants, who may die
        while such participants are away from their homes participating
        in activities carried out with funds covered by this section;
          (F) notwithstanding any other provision of law,
        transportation and payment of per diem in lieu of subsistence
        to foreign participants engaged in activities of the program
        under this section while such participants are away from their
        homes in countries other than the United States, at rates not
        in excess of those prescribed by the standardized Government
        travel regulations;
          (G) expenses in connection with travel of personnel outside
        the United States, including travel expenses of dependents
        (including expenses during necessary stop-overs while engaged
        in such travel), and transportation of personal effects,
        household goods, and automobiles of such personnel when any
        part of such travel or transportation begins in one fiscal year
        pursuant to travel orders issued in that fiscal year,
        notwithstanding the fact that such travel or transportation may
        not be completed during the same fiscal year, and cost of
        transporting automobiles to and from a place of storage, and
        the cost of storing automobiles of such personnel when it is in
        the public interest or more economical to authorize storage;
        and
          (H) grants to, and cooperative agreements and contracts with,
        any individual, corporation, or other body of persons,
        nonprofit organization, friendly government or government
        agency, whether within or without the United States, and
        international organizations, as the Secretary determines is
        appropriate to carry out the purposes of this section.

        (4) Whenever the Secretary determines it to be consistent with
      the purposes of this section, the Secretary is authorized to
      furnish services and commodities on an advance-of-funds basis to
      any friendly country or international organization that is not
      otherwise prohibited from receiving assistance under this
      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 section 4802 of this title) or of any
    chief of mission (including the powers or functions described in
    section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
    (g) Termination of assistance
      The Secretary shall conclude assistance activities for a
    recipient foreign government or foreign central bank under the
    program established under subsection (a) 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 129, as added Pub. L. 105-277, div. A,
    Sec. 101(d) [title V, Sec. 589(a)], Oct. 21, 1998, 112 Stat. 2681-
    150, 2681-205; amended Pub. L. 106-309, title II, Sec. 204, Oct.
    17, 2000, 114 Stat. 1092.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Service Act of 1980, referred to in subsec. (d)(1),
    is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended.
    Chapter 9 of title I of the Foreign Service Act of 1980 is
    classified generally to subchapter IX (Sec. 4081 et seq.) of
    chapter 52 of this title. For complete classification of this Act
    to the Code, see Short Title note set out under section 3901 of
    this title and Tables.
      This chapter, referred to in subsec. (d)(4), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Another section 129 of Pub. L. 87-195 was renumbered section 130
    and is classified to section 2152 of this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b)(3). Pub. L. 106-309 added par. (3).

-End-



-CITE-
    22 USC Sec. 2152                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152. Assistance for victims of torture

-STATUTE-
    (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).

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 130, formerly Sec. 129, as added Pub.
    L. 105-320, Sec. 4(a), Oct. 30, 1998, 112 Stat. 3017; renumbered
    Sec. 130, Pub. L. 106-87, Sec. 6(a), Nov. 3, 1999, 113 Stat. 1302.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC1-
                            STATEMENT OF POLICY                        
      Pub. L. 109-165, Sec. 2, Jan. 10, 2006, 119 Stat. 3574, provided
    that: "It is the policy of the United States - 
        "(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              
      Pub. L. 105-320, Oct. 30, 1998, 112 Stat. 3016, as amended by
    Pub. L. 106-87, Sec. 6(b), Nov. 3, 1999, 113 Stat. 1302; Pub. L.
    108-179, Secs. 2(a), 3(a), Dec. 15, 2003, 117 Stat. 2643; Pub. L.
    109-165, Secs. 3, 4, Jan. 10, 2006, 119 Stat. 3574, provided that:

      "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 section 2340(1) of title 18, United States Code, and
    includes the use of rape and other forms of sexual violence by a
    person acting under the color of law upon another person under his
    custody or physical control.

      "SEC. 4. FOREIGN TREATMENT CENTERS.
      "(a) Amendments to the Foreign Assistance Act of 1961. - [Enacted
    this section.]
      "(b) Funding. - 
        "(1) Authorization of appropriations. - Of the amounts
      authorized to be appropriated for fiscal years 2006 and 2007
      pursuant to chapter 1 of part I of the Foreign Assistance Act of
      1961 [22 U.S.C. 2151 et seq.], there are authorized to be
      appropriated to the President to carry out section 130 of such
      Act [this section] $12,000,000 for fiscal year 2006 and
      $13,000,000 for fiscal year 2007.
        "(2) Availability of funds. - Amounts appropriated pursuant to
      this subsection shall remain available until expended.
      "(c) Effective Date. - The amendment made by subsection (a) shall
    take effect October 1, 1998.

      "SEC. 5. DOMESTIC TREATMENT CENTERS.
      "(a) Assistance for Treatment of Torture Victims. - The Secretary
    of Health and Human Services may provide grants to programs in the
    United States to cover the cost of the following services:
        "(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) Funding. - 
        "(1) Authorization of appropriations. - Of the amounts
      authorized to be appropriated for the Department of Health and
      Human Services for fiscal years 2006 and 2007, there are
      authorized to be appropriated to carry out subsection (a)
      $25,000,000 for each of the fiscal years 2006 and 2007.
        "(2) Availability of funds. - Amounts appropriated pursuant to
      this subsection shall remain available until expended.

      "SEC. 6. MULTILATERAL ASSISTANCE.
      "(a) Funding. - Of the amounts authorized to be appropriated for
    fiscal years 1999 and 2000 pursuant to chapter 3 of part I of the
    Foreign Assistance Act of 1961 [22 U.S.C. 2221 et seq.], there are
    authorized to be appropriated to the United Nations Voluntary Fund
    for Victims of Torture (in this section referred to as the 'Fund')
    the following amounts for the following fiscal years:
        "(1) Fiscal year 1999. - For fiscal year 1999, $3,000,000.
        "(2) Fiscal year 2000. - For fiscal year 2000, $3,000,000.
      "(b) Availability of Funds. - Amounts appropriated pursuant to
    subsection (a) shall remain available until expended.
      "(c) Sense of the Congress. - It is the sense of the Congress
    that the President, acting through the United States Permanent
    Representative to the United Nations, should - 
        "(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) In General. - The Secretary of State shall provide training
    for foreign service officers with respect to - 
        "(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) Gender-Related Considerations. - In conducting training
    under subsection (a)(4) or (5), gender-specific training shall be
    provided on the subject of interacting with women and men who are
    victims of torture by rape or any other form of sexual violence."
      [Pub. L. 108-179, Sec. 2(b), Dec. 15, 2003, 117 Stat. 2643,
    provided that: "The amendment made by subsection (a) [amending
    section 5(b)(1) of Pub. L. 105-320, set out above] shall take
    effect October 1, 2003."]
      [Pub. L. 108-179, Sec. 3(b), Dec. 15, 2003, 117 Stat. 2643,
    provided that: "The amendment made by subsection (a) [amending
    section 4(b)(1) of Pub. L. 105-320, set out above] shall take
    effect October 1, 2003."]

-End-



-CITE-
    22 USC Sec. 2152a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152a. Repealed.

-MISC1-
    Sec. 2152a. Repealed. Pub. L. 108-484, Sec. 8(a), Dec. 23, 2004,
      118 Stat. 3931.
      Section, Pub. L. 87-195, pt. I, Sec. 131, as added Pub. L. 106-
    309, title I, Sec. 105, Oct. 17, 2000, 114 Stat. 1082; amended
    Pub. L. 108-31, Sec. 3, June 17, 2003, 117 Stat. 776, related to
    microenterprise development grant assistance.

-End-



-CITE-
    22 USC Sec. 2152b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152b. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. I, Sec. 132, as added Pub. L. 106-
    309, title I, Sec. 107(a), Oct. 17, 2000, 114 Stat. 1086, which
    related to United States Microfinance Loan Facility, was renumbered
    section 257 of Pub. L. 87-195 by Pub. L. 108-484, Sec. 5(a), (b),
    Dec. 23, 2004, 118 Stat. 3927, and transferred to section 2213 of
    this title.

-End-



-CITE-
    22 USC Sec. 2152c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152c. Programs to encourage good governance

-STATUTE-
    (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 [22 U.S.C.
      5401 et seq.].
      (3) Priority
        In carrying out paragraph (1), the President shall give
      priority to establishing programs in countries that received a
      significant amount of United States foreign assistance for the
      prior fiscal year, or in which the United States has a
      significant economic interest, and that continue to have the most
      persistent problems with public and private corruption. In
      determining which countries have the most persistent problems
      with public and private corruption under the preceding sentence,
      the President shall take into account criteria such as the
      Transparency International Annual Corruption Perceptions Index,
      standards and codes set forth by the International Bank for
      Reconstruction and Development and the International Monetary
      Fund, and other relevant criteria.
      (4) Relation to other laws
        (A) In general
          Assistance provided for countries under programs established
        pursuant to paragraph (1) may be made available notwithstanding
        any other provision of law that restricts assistance to foreign
        countries. Assistance provided under a program established
        pursuant to paragraph (1) for a country that would otherwise be
        restricted from receiving such assistance but for the preceding
        sentence may not be provided directly to the government of the
        country.
        (B) Exception
          Subparagraph (A) does not apply with respect to - 
            (i) section 2371 of this title or any comparable provision
          of law prohibiting assistance to countries that support
          international terrorism; or
            (ii) section 907 of the Freedom for Russia and Emerging
          Eurasian Democracies and Open Markets Support Act of 1992.
    (b) Specific projects and activities
      The programs established pursuant to subsection (a) 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 [22 U.S.C. 5401 et seq.] shall be made available to
    carry out this section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 133, as added Pub. L. 106-309, title
    II, Sec. 205(a), Oct. 17, 2000, 114 Stat. 1092; amended Pub. L. 107-
    228, div. A, title VI, Sec. 672(a), Sept. 30, 2002, 116 Stat.
    1407.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Support for East European Democracy (SEED) Act of 1989,
    referred to in subsecs. (a)(2) and (e), is Pub. L. 101-179, Nov.
    28, 1989, 103 Stat. 1298, as amended, which is classified
    principally to chapter 63 (Sec. 5401 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 5401 of this title and Tables.
      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 Pub. L. 102-511, which is
    set out as a note under section 5812 of this title.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-228, Sec. 672(a)(1), substituted
    "Biennial reports" for "Annual report" in heading.
      Subsec. (d)(1). Pub. L. 107-228, Sec. 672(a)(2), substituted "a
    biennial report" for "an annual report" in introductory provisions
    and "preceding two-year period" for "prior year" in subpars. (A)
    and (B).

       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                                TRANSITION                            
      Pub. L. 107-228, div. A, title VI, Sec. 672(b), Sept. 30, 2002,
    116 Stat. 1408, provided that: "The first biennial report under
    section 133(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2152c(d)), as amended by subsection (a), is required to be
    submitted not later than two years after the date of submission of
    the last annual report required under such section 133 (as in
    effect before the date of enactment of this Act [Sept. 30, 2002])."

                           FINDINGS AND PURPOSE                       
      Pub. L. 106-309, title II, Sec. 202, Oct. 17, 2000, 114 Stat.
    1090, provided that:
      "(a) Findings. - Congress finds the following:
        "(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 [Pub. L. 95-213, title I, see
      Tables for classification] and United States leadership was
      instrumental in the passage of the Organization for Economic
      Cooperation and Development (OECD) Convention on Combatting
      Bribery of Foreign Public Officials in International Business
      Transactions.
        "(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) Purpose. - The purpose of this title [see Short Title of
    2000 Amendments note set out under section 2151 of this title] is
    to ensure that United States assistance programs promote good
    governance by assisting other countries to combat corruption
    throughout society and to improve transparency and accountability
    at all levels of government and throughout the private sector."

                        DEADLINE FOR INITIAL REPORT                    
      Pub. L. 106-309, title II, Sec. 205(b), Oct. 17, 2000, 114 Stat.
    1094, provided that: "The initial annual report required by section
    133(d)(1) of the Foreign Assistance Act of 1961 [22 U.S.C.
    2152c(d)(1)], as added by subsection (a), shall be transmitted not
    later than 180 days after the date of the enactment of this Act
    [Oct. 17, 2000]."

-End-



-CITE-
    22 USC Sec. 2152d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152d. Assistance to foreign countries to meet minimum
      standards for the elimination of trafficking

-STATUTE-
    (a) Authorization
      The President is authorized to provide assistance to foreign
    countries directly, or through nongovernmental and multilateral
    organizations, for programs, projects, and activities designed to
    meet the minimum standards for the elimination of trafficking (as
    defined in section 7102 of this title), including - 
        (1) the drafting of laws to prohibit and punish acts of
      trafficking;
        (2) the investigation and prosecution of traffickers;
        (3) the creation and maintenance of facilities, programs,
      projects, and activities for the protection of victims; and
        (4) the expansion of exchange programs and international
      visitor programs for governmental and nongovernmental personnel
      to combat trafficking.
    (b) Funding
      Amounts made available to carry out the other provisions of
    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 [22 U.S.C. 5401 et seq.] shall be made available to
    carry out this section. Assistance may be provided under this
    section notwithstanding section 2420 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 134, as added Pub. L. 106-386, div. A,
    Sec. 109, Oct. 28, 2000, 114 Stat. 1481; amended Pub. L. 108-193,
    Sec. 6(f), Dec. 19, 2003, 117 Stat. 2883.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Support for East European Democracy (SEED) Act of 1989,
    referred to in subsec. (b), is Pub. L. 101-179, Nov. 28, 1989, 103
    Stat. 1298, as amended, which is classified principally to chapter
    63 (Sec. 5401 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5401 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-193 inserted at end "Assistance
    may be provided under this section notwithstanding section 2420 of
    this title."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2152e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152e. Program to improve building construction and practices
      in Latin American countries

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 107-228, div. A, title VI, Sec. 688, Sept. 30, 2002, 116
    Stat. 1413.)

-COD-
                               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.

-End-



-CITE-
    22 USC Sec. 2152f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152f. Assistance for orphans and other vulnerable children

-STATUTE-
    (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) 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) 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 (!2) 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 (Public Law 108-
        25) [22 U.S.C. 7601 et seq.], and the amendments made by such
        Act (including section 102 of such Act, and the amendments made
        by such section, relating to the coordination of HIV/AIDS
        programs).
          (E) Establish priorities that promote the delivery of
        assistance to the most vulnerable populations of orphans and
        children, particularly in those countries with a high rate of
        HIV infection among women.
          (F) Disseminate a collection of best practices to field
        missions of the United States Agency for International
        Development to guide the development and implementation of
        programs to assist orphans and vulnerable children.
          (G) Administer the monitoring and evaluation system
        established in subsection (d) of this section.
          (H) Prepare the annual report required by section 2152g of
        this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 135, as added Pub. L. 109-95, Sec. 3,
    Nov. 8, 2005, 119 Stat. 2113.)

-REFTEXT-
                            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 Pub. L. 109-95,
    which is set out as a note under this section.
      This chapter, referred to in subsec. (e)(2)(B), (C), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The United States Leadership Against HIV/AIDS, Tuberculosis, and
    Malaria Act of 2003, referred to in subsec. (e)(2)(D), is Pub. L.
    108-25, May 27, 2003, 117 Stat. 711, as amended, which is
    classified principally to chapter 83 (Sec. 7601 et seq.) of this
    title. Section 102 of the Act enacted section 7612 of this title
    and amended section 2651a of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7601 of this title and Tables.

-COD-
                               CODIFICATION                           
      Another section 135 of Pub. L. 87-195 is classified to section
    2152h of this title.


-MISC1-
                                 FINDINGS                             
      Pub. L. 109-95, Sec. 2, Nov. 8, 2005, 119 Stat. 2111, provided
    that: "Congress makes the following 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 (22
      U.S.C. 7673(b)) establishes the requirement that not less than 10
      percent of amounts appropriated for HIV/AIDS assistance for each
      of fiscal years 2006 through 2008 shall be expended for
      assistance for orphans and other vulnerable children affected by
      HIV/AIDS, there is an urgent need to provide assistance to such
      children prior to 2006.
        "(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                   
      Pub. L. 109-95, Sec. 4, Nov. 8, 2005, 119 Stat. 2116, provided
    that:
      "(a) Requirement for Strategy. - Not later than 180 days after
    the date of enactment of this Act [Nov. 8, 2005], the President
    shall develop, and transmit to the appropriate congressional
    committees, a strategy for coordinating, implementing, and
    monitoring assistance programs for orphans and vulnerable children.
      "(b) Consultation. - The strategy described in subsection (a)
    should be developed in consultation with the Special Advisor for
    Assistance to Orphans and Vulnerable Children (appointed pursuant
    to section 135(e)(1) of the Foreign Assistance Act of 1961 [22
    U.S.C. 2152f(e)(1)] (as added by section 3 of this Act)) and with
    employees of the field missions of the United States Agency for
    International Development to ensure that the strategy - 
        "(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) Content. - The strategy required by subsection (a) shall
    include - 
        "(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 [22 U.S.C. 2152f], as added by section 3
      of this Act;
        "(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 Pub. L. 109-95, set out above, see section 6 of
    Pub. L. 109-95, set out as a note under section 2152g of this
    title.]

-FOOTNOTE-
    (!1) So in original. Probably should be "living in".

    (!2) So in original. Probably should be "express".


-End-



-CITE-
    22 USC Sec. 2152g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152g. Annual report

-STATUTE-
    (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 section 2152f of this
    title:
        (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 section 2152f of this title or under any other
      provision of law.

-SOURCE-
    (Pub. L. 109-95, Sec. 5, Nov. 8, 2005, 119 Stat. 2117.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4(a), referred to in subsec. (a), is section 4(a) of Pub.
    L. 109-95, which is set out as a note under section 2152f of this
    title.
      This Act, referred to in subsec. (a), is Pub. L. 109-95, Nov. 8,
    2005, 119 Stat. 2111, known as the Assistance for Orphans and Other
    Vulnerable Children in Developing Countries Act of 2005, which
    enacted this section and section 2152f of this title and enacted
    provisions set out as notes under this section and sections 2151
    and 2152f of this title. For complete classification of this Act to
    the Code, see Short Title of 2005 Amendment note set out under
    section 2151 of this title and Tables.

-COD-
                               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.


-MISC1-
               APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED           
      Pub. L. 109-95, Sec. 6, Nov. 8, 2005, 119 Stat. 2118, provided
    that: "In this Act [see Short Title of 2005 Amendment note set out
    under section 2151 of this title], 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 International Relations of
    the House of Representatives."

-End-



-CITE-
    22 USC Sec. 2152h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part I - Declaration of Policy; Development Assistance
              Authorizations                          

-HEAD-
    Sec. 2152h. Assistance to provide safe water and sanitation

-STATUTE-
    (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 Agricultural Trade Development
    and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) to provide
    assistance under this section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 135, as added Pub. L. 109-121, Sec.
    5(a), Dec. 1, 2005, 119 Stat. 2536.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (d), is act July 10, 1954, ch. 469, 68 Stat.
    454, as amended. Title I of the Act is classified generally to
    subchapter II (Sec. 1701 et seq.) of chapter 41 of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 1691 of Title 7 and
    Tables.

-COD-
                               CODIFICATION                           
      Another section 135 of Pub. L. 87-195 is classified to section
    2152f of this title.


-MISC1-
                            WATER FOR THE POOR                        
      Pub. L. 109-121, Dec. 1, 2005, 119 Stat. 2533, provided that:

      "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) In General. - [Enacted this section.]
      "(b) Conforming Amendment. - [Amended section 1704 of Title 7,
    Agriculture.]

      "SEC. 6. SAFE WATER AND SANITATION STRATEGY.
      "(a) Strategy. - The President, acting through the Secretary of
    State, shall develop a strategy to further the United States
    foreign assistance objective to provide affordable and equitable
    access to safe water and sanitation in developing countries, as
    described in section 135 of the Foreign Assistance Act of 1961
    [this section], as added by section 5(a) of this Act.
      "(b) Consultation. - The strategy required by subsection (a)
    shall be developed in consultation with the Administrator of the
    United States Agency for International Development, the heads of
    other appropriate Federal departments and agencies, international
    organizations, international financial institutions, recipient
    governments, United States and international nongovernmental
    organizations, indigenous civil society, and other appropriate
    entities.
      "(c) Implementation. - The Secretary of State, acting through the
    Administrator of the United States Agency for International
    Development, shall implement the strategy required by subsection
    (a). The strategy may also be implemented in part by other Federal
    departments and agencies, as appropriate.
      "(d) Consistent With Safe Water and Sanitation Policy. - The
    strategy required by subsection (a) shall be consistent with the
    policy stated in section 3 of this Act.
      "(e) Content. - The strategy required by subsection (a) shall
    include - 
        "(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) Designation of High Priority Countries. - The strategy
    required by subsection (a) shall further include the designation of
    high priority countries for assistance under section 135 of the
    Foreign Assistance Act of 1961, as added by section 5(a) of this
    Act. This designation shall be made on the basis of - 
        "(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) Reports. - 
        "(1) Initial report. - Not later than 180 days after the date
      of the enactment of this Act [Dec. 1, 2005], the Secretary of
      State shall submit to the appropriate congressional committees a
      report that describes the strategy required by subsection (a).
        "(2) Subsequent reports. - 
          "(A) In general. - Not less than once every year after the
        submission of the initial report under paragraph (1) until
        2015, the Secretary of State shall submit to the appropriate
        congressional committees a report on the status of the
        implementation of the strategy, progress made in achieving the
        objective described in subsection (a), and any changes to the
        strategy since the date of the submission of the last report.
          "(B) Additional information. - Such reports shall include
        information on the amount of funds expended in each country or
        program, disaggregated by purpose of assistance, including
        information on capital investments, and the source of such
        funds by account.
        "(3) 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.

      "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 [22 U.S.C. 262r(c)]) to encourage the
      inclusion of water and sanitation programs as a critical element
      of their development assistance.

      "SEC. 10. REPORT REGARDING WATER FOR PEACE AND SECURITY.
      "(a) Sense of Congress. - It is the sense of Congress that United
    States programs to support and encourage efforts around the world
    to develop river basin, aquifer, and other watershed-wide
    mechanisms for governance and cooperation are critical components
    of long-term United States national security and should be
    expanded.
      "(b) Report. - The Secretary of State, in consultation with the
    Administrator of the United States Agency for International
    Development, shall submit to the Committee on International
    Relations of the House of Representatives and the Committee on
    Foreign Relations of the Senate a report on efforts that the United
    States is making to support and promote programs that develop river
    basin, aquifer, and other watershed-wide mechanisms for governance
    and cooperation.

      "SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
      "(a) In General. - There are authorized to be appropriated for
    fiscal year 2006 and each subsequent fiscal year such sums as may
    be necessary to carry out this Act and the amendments made by this
    Act.
      "(b) Other Amounts. - Amounts appropriated pursuant to the
    authorization of appropriations in subsection (a) shall be in
    addition to the amounts otherwise available to carry out this Act
    and the amendments made by this Act.
      "(c) Availability. - Amounts appropriated pursuant to the
    authorization of appropriations under subsection (a) are authorized
    to remain available until expended."

-End-


-CITE-
    22 USC Part II - Other Programs                             01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
                         PART II - OTHER PROGRAMS                     

-End-


-CITE-
    22 USC subpart i - multilateral and regional development
           programs                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
        SUBPART I - MULTILATERAL AND REGIONAL DEVELOPMENT PROGRAMS    

-End-



-CITE-
    22 USC Secs. 2161, 2162                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Secs. 2161, 2162. Repealed.

-MISC1-
    Secs. 2161, 2162. Repealed. Pub. L. 95-424, title I, Sec.
      102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942.
      Section 2161, Pub. L. 87-195, pt. I, Sec. 201, Sept. 4, 1961, 75
    Stat. 426; Pub. L. 87-565, pt. I, Sec. 102, Aug. 1, 1962, 76 Stat.
    256; Pub. L. 88-205, pt. I, Sec. 102(a), Dec. 16, 1963, 77 Stat.
    380; Pub. L. 88-633, pt. I, Sec. 101, Oct. 7, 1964, 78 Stat. 1009;
    Pub. L. 89-583, pt. I, Sec. 102(a), Sept. 19, 1966, 80 Stat. 796;
    Pub. L. 90-137, pt. I, Sec. 102(a), (b), Nov. 14, 1967, 81 Stat.
    447; Pub. L. 90-554, pt. I, Sec. 101(a), Oct. 8, 1968, 82 Stat.
    960, related to the establishment by the President of the
    Development Loan Fund. See section 2151(b) of this title.
      Section 2162, Pub. L. 87-195, pt. I, Sec. 202, Sept. 4, 1961, 75
    Stat. 426; Pub. L. 88-205, pt. I, Sec. 102(b), Dec. 16, 1963, 77
    Stat. 380; Pub. L. 89-583, pt. I, Sec. 102(b), Sept. 19, 1966, 80
    Stat. 796; Pub. L. 90-137, pt. I, Sec. 102(c), Nov. 14, 1967, 81
    Stat. 447; Pub. L. 90-554, pt. I, Sec. 101(b), Oct. 8, 1968, 82
    Stat. 960; Pub. L. 91-175, pt. I, Sec. 101(a), Dec. 30, 1969, 83
    Stat. 805; Pub. L. 92-226, pt. I, Sec. 101(a), Feb. 7, 1972, 86
    Stat. 21, related to authorization of appropriations, availability
    of funds, and encouragement of development through private
    enterprise.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2163                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Sec. 2163. Repealed.

-MISC1-
    Sec. 2163. Repealed. Pub. L. 93-189, Sec. 3(b), Dec. 17, 1973, 87
      Stat. 717.
      Section, Pub. L. 87-195, pt. I, Sec. 203, Sept. 4, 1961, 75 Stat.
    427; Pub. L. 91-175, pt. I, Sec. 101(b), Dec. 30, 1969, 83 Stat.
    805; Pub. L. 92-226, pt. I, Sec. 101(b), Feb. 7, 1972, 86 Stat. 21;
    Pub. L. 93-189, Sec. 3(a), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-
    559, Sec. 6, Dec. 30, 1974, 88 Stat. 1796, authorized use of not
    more than 50 per centum of dollar receipts scheduled to be paid
    during each of the fiscal years 1974 and 1975 from loans made under
    this subchapter and predecessor foreign assistance legislation for
    making loans under part I of this subchapter for each such fiscal
    year, and disposition of dollar receipts paid on and after July 1,
    1975.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1975, see section 3(b) of Pub. L. 93-
    189.

-End-



-CITE-
    22 USC Sec. 2164                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Sec. 2164. Repealed.

-MISC1-
    Sec. 2164. Repealed. Pub. L. 95-424, title I, Sec. 102(g)(1)(A),
      Oct. 6, 1978, 92 Stat. 942.
      Section, Pub. L. 87-195, pt. I, Sec. 204, Sept. 4, 1961, 75 Stat.
    427, related to the establishment, duties and appointment of
    officers of the Development Loan Committee. The provisions of this
    section were redesignated as subsec. (e) of section 2151t of this
    title by section 102(d)(1), (2) of Pub. L. 95-424.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2165                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Sec. 2165. Repealed.

-MISC1-
    Sec. 2165. Repealed. Pub. L. 92-226, pt. I, Sec. 101(d), Feb. 7,
      1972, 86 Stat. 21.
      Section, Pub. L. 87-195, pt. I, Sec. 205, Sept. 4, 1961, 75 Stat.
    427; Pub. L. 89-171, pt. I, Sec. 102(a), Sept. 6, 1965, 79 Stat.
    653; Pub. L. 89-583, pt. I, Sec. 102(c), Sept. 19, 1966, 80 Stat.
    797; Pub. L. 90-137, pt. I, Sec. 102(d), Nov. 14, 1967, 81 Stat.
    447, provided for use of international lending organizations.

-End-



-CITE-
    22 USC Sec. 2166                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Sec. 2166. Regional development in Africa

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 206, as added Pub. L. 89-171, pt. I,
    Sec. 102(b), Sept. 6, 1965, 79 Stat. 653.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC1-
        AFRICAN ASSISTANCE POLICY; PRESIDENTIAL REPORT TO CONGRESS    
      Pub. L. 93-559, Sec. 49, Dec. 30, 1974, 88 Stat. 1816, which
    related to Presidential review and report on African assistance
    policy, was repealed by Pub. L. 97-113, title VII, Sec. 734(a)(8),
    Dec. 29, 1981, 95 Stat. 1560.

         PORTUGUESE AFRICAN TERRITORIES OF ANGOLA, MOZAMBIQUE, AND
                    GUINEA-BISSAU: INDEPENDENCE POLICY
      Pub. L. 93-559, Sec. 50, Dec. 30, 1974, 88 Stat. 1816, as amended
    by Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec. 29, 1981, 95
    Stat. 1560, provided that:
      "(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. Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec.
    29, 1981, 95 Stat. 1560.]"


-EXEC-
                         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, Sec. 10(3), Mar. 31, 1999, 64 F.R. 16598.

-End-



-CITE-
    22 USC Secs. 2167, 2168                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Secs. 2167, 2168. Repealed.

-MISC1-
    Secs. 2167, 2168. Repealed. Pub. L. 95-424, title I, Sec.
      102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942.
      Section 2167, Pub. L. 87-195, pt. I, Sec. 207, as added Pub. L.
    90-137, pt. I, Sec. 102(e), Nov. 14, 1967, 81 Stat. 448, related to
    placement of emphasis on democratic institutions, agriculture,
    education, public health and other needs, in the furnishing of
    development assistance.
      Section 2168, Pub. L. 87-195, pt. I, Sec. 208, as added Pub. L.
    90-137, pt. I, Sec. 102(e), Nov. 14, 1967, 81 Stat. 448, related to
    the taking into account, in determining to what extent United
    States should furnish assistance, of country's own efforts to aid
    itself.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2169                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart i - multilateral and regional development programs

-HEAD-
    Sec. 2169. Multilateral, regional, and bilateral programs

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 209, as added Pub. L. 90-137, pt. I,
    Sec. 102(e), Nov. 14, 1967, 81 Stat. 449; amended Pub. L. 92-226,
    pt. I, Sec. 101(c), Feb. 7, 1972, 86 Stat. 21; Pub. L. 94-161,
    title III, Sec. 311(1), Dec. 20, 1975, 89 Stat. 860; Pub. L. 106-
    429, Sec. 101(a) [title VIII, Sec. 804], Nov. 6, 2000, 114 Stat.
    1900, 1900A-67.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (d). Pub. L. 106-429 struck out subsec. (d) which
    read as follows: "In furtherance of the provisions of subsection
    (a) of this section, any funds appropriated under subchapter I of
    this chapter may be transferred by the President to the
    International Development Association, the International Bank for
    Reconstruction and Development, the International Finance
    Corporation, the Asian Development Bank or other multilateral
    lending institutions and multilateral organizations in which the
    United States participates for the purpose of providing funds to
    enable any such institution or organization to make loans to
    foreign countries."
      1975 - Subsec. (c). Pub. L. 94-161 substituted provision for
    increase of Federal funds to multilateral lending institutions and
    multilateral organizations for making loans to foreign countries
    for prior provision for reduction of loans under the bilateral
    lending programs to attain a total amount not to exceed
    $100,000,000 not later than June 30, 1975.
      1972 - Subsec. (a). Pub. L. 92-226, Sec. 101(c)(1), in amending
    subsec. (a) generally, provided for United Nations sponsorship of
    development assistance and substituted "may contribute" for "may,
    in some instances, contribute".
      Subsecs. (c), (d). Pub. L. 92-226, Sec. 101(c)(2), added subsecs.
    (c) and (d).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
       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
      Pub. L. 95-481, title VI, Sec. 610, Oct. 18, 1978, 92 Stat. 1602,
    provided that: "The President shall initiate wide international
    consultations beginning with the member nations of the Organization
    of Economic Cooperation and Development (OECD), designed to develop
    a viable standard governing the allocation of development
    assistance for the production and export of commodities. Such
    consultations shall relate to commodities which are in surplus in
    the world market and if produced for export would cause substantial
    harm to producers of the same, similar or competing products. Not
    later than one year after the enactment of this Act [Oct. 18, 1978]
    the President shall report to the President of the Senate, the
    Speaker of the House of Representatives, and the Chairmen of the
    House and Senate Appropriations Committees on the progress made in
    carrying out this section."

     POLICY WITH RESPECT TO COUNTRIES MOST SERIOUSLY AFFECTED BY FOOD
                SHORTAGES; PRESIDENTIAL REPORTS TO CONGRESS
      Pub. L. 93-559, Sec. 55(a), Dec. 30, 1974, 88 Stat. 1819,
    provided that: "The United Nations has designated thirty-two
    countries as 'Most Seriously Affected' by the current economic
    crisis. These are countries without the internal food production
    capability or the foreign exchange availability to secure food to
    meet their immediate food requirements. The Congress calls upon the
    President and Secretary of State to take the following actions
    designed to mobilize appropriate resources to meet the food
    emergency:
        "(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."

-End-


-CITE-
    22 USC subpart ii - american schools and hospitals
           abroad; prototype desalting plants              01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
       SUBPART II - AMERICAN SCHOOLS AND HOSPITALS ABROAD; PROTOTYPE
                             DESALTING PLANTS

-End-



-CITE-
    22 USC Secs. 2171, 2172                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Secs. 2171, 2172. Repealed.

-MISC1-
    Secs. 2171, 2172. Repealed. Pub. L. 95-424, title I, Sec.
      102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942.
      Section 2171, Pub. L. 87-195, pt. I, Sec. 211, Sept. 4, 1961, 75
    Stat. 427; Pub. L. 87-565, pt. I, Sec. 103(a), Aug. 1, 1962, 76
    Stat. 256; Pub. L. 89-583, pt. I, Sec. 103(a), Sept. 19, 1966, 80
    Stat. 797; Pub. L. 90-554, pt. I, Sec. 102(a), Oct. 8, 1968, 82
    Stat. 960; Pub. L. 93-189, Sec. 4(1), Dec. 17, 1973, 87 Stat. 717,
    related to general authority of President to furnish assistance and
    considerations to be taken into account.
      Section 2172, Pub. L. 87-195, pt. I, Sec. 212, Sept. 4, 1961, 75
    Stat. 428; Pub. L. 87-565, pt. I, Sec. 103(b), Aug. 1, 1962, 76
    Stat. 256; Pub. L. 88-205, pt. I, Sec. 103(a), Dec. 16, 1963, 77
    Stat. 381; Pub. L. 88-633, pt. I, Sec. 102(b), Oct. 7, 1964, 78
    Stat. 1009; Pub. L. 89-171, pt. I, Sec. 103(a), Sept. 6, 1965, 79
    Stat. 654; Pub. L. 89-583, pt. I, Sec. 103(b), Sept. 19, 1966, 80
    Stat. 797; Pub. L. 90-137, pt. I, Sec. 103(b), Nov. 14, 1967, 81
    Stat. 449; Pub. L. 90-554, pt. I, Sec. 102(b), Oct. 8, 1968, 82
    Stat. 960; Pub. L. 91-175, pt. I, Sec. 102, Dec. 30, 1969, 83 Stat.
    805; Pub. L. 92-226, pt. I, Sec. 102(a), Feb. 7, 1972, 86 Stat. 22,
    related to authorization of appropriations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2173                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Sec. 2173. Repealed.

-MISC1-
    Sec. 2173. Repealed. Pub. L. 87-565, pt. I, Sec. 103(c), Aug. 1,
      1962, 76 Stat. 256.
      Section, Pub. L. 87-195, pt. I, Sec. 213, Sept. 4, 1961, 75 Stat.
    428, related to peaceful use of atomic energy outside United
    States. See section 2171 of this title.

-End-



-CITE-
    22 USC Sec. 2174                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Sec. 2174. American schools, libraries, and hospital centers abroad

-STATUTE-
    (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 [22 U.S.C. 1611
    et seq.], to furnish assistance, on such terms and conditions as he
    may specify, to institutions referred to in subsection (a) of this
    section, and to hospital centers for medical education and research
    outside the United States, founded or sponsored by United States
    citizens.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 214, Sept. 4, 1961, 75 Stat. 428; Pub.
    L. 88-205, pt. I, Sec. 103(b), Dec. 16, 1963, 77 Stat. 381; Pub. L.
    88-633, pt. I, Sec. 102(c), Oct. 7, 1964, 78 Stat. 1009; Pub. L. 89-
    171, pt. I, Sec. 103(b), Sept. 6, 1965, 79 Stat. 654; Pub. L. 89-
    583, pt. I, Sec. 103(c), Sept. 19, 1966, 80 Stat. 798; Pub. L. 90-
    137, pt. I, Sec. 103(c), Nov. 14, 1967, 81 Stat. 450; Pub. L. 90-
    554, pt. I, Sec. 102(c), Oct. 8, 1968, 82 Stat. 960; Pub. L. 91-
    175, pt. I, Sec. 103, Dec. 30, 1969, 83 Stat. 805; Pub. L. 92-226,
    pt. I, Sec. 102(b), Feb. 7, 1972, 86 Stat. 22; Pub. L. 93-189, Sec.
    4(2), Dec. 17, 1973, 87 Stat. 717; Pub. L. 94-161, title III, Sec.
    311(2), Dec. 20, 1975, 89 Stat. 861; Pub. L. 95-88, title I, Sec.
    116(a), Aug. 3, 1977, 91 Stat. 539; Pub. L. 95-424, title I, Sec.
    114, Oct. 6, 1978, 92 Stat. 950; Pub. L. 96-53, title I, Sec. 111,
    Aug. 14, 1979, 93 Stat. 363; Pub. L. 96-533, title IV, Sec. 401,
    Dec. 16, 1980, 94 Stat. 3149; Pub. L. 97-113, title V, Sec. 501,
    Dec. 29, 1981, 95 Stat. 1538; Pub. L. 99-83, title IV, Sec. 401,
    Aug. 8, 1985, 99 Stat. 217.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mutual Defense Assistance Control Act of 1951, referred to in
    subsec. (b), is act Oct. 26, 1951, ch. 575, 65 Stat. 644, as
    amended, which was classified generally to chapter 20A (Sec. 1611
    et seq.) of this title prior to its supersedure by section 2416(e)
    of Title 50, Appendix, War and National Defense. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (c). Pub. L. 99-83 amended subsec. (c) generally,
    designating existing provisions as pars. (1) and (2) and
    substituting provisions authorizing appropriations of $35,000,000
    for fiscal years 1986 and 1987 for provisions authorizing
    appropriations of $20,000,000 for fiscal years 1982 and 1983.
      1981 - Subsec. (c). Pub. L. 97-113 substituted appropriations of
    $20,000,000 for fiscal years 1982 and 1983, for appropriation of
    $30,000,000 for fiscal year 1981.
      1980 - Subsec. (c). Pub. L. 96-533 substituted appropriations
    authorization of $30,000,000 for the fiscal year 1981 for such
    authorization of $25,000,000 for the fiscal year 1980.
      1979 - Subsec. (c). Pub. L. 96-53 extended authorization of
    appropriations from fiscal year 1979 to fiscal year 1980.
      1978 - Subsec. (c). Pub. L. 95-424 substituted "$25,000,000 for
    the fiscal year 1979, which amount is" for "for the fiscal year
    1977, $25,000,000, and for the fiscal year 1978, $25,000,000, which
    amounts are".
      Subsecs. (d) to (f). Pub. L. 95-424 struck out subsec. (d)
    relating to authorization of appropriations, and subsec. (e)
    relating to submission of recommendations to Congress by the
    Secretary of State concerning assistance, and redesignated former
    subsec. (f) as (d).
      1977 - Subsec. (c). Pub. L. 95-88, Sec. 116(a)(1), struck out
    provisions authorizing appropriations of $19,000,000 for each of
    the fiscal years 1974 and 1975 and $25,000,000 for fiscal year 1976
    and inserted provisions authorizing an appropriation of $25,000,000
    for fiscal year 1978.
      Subsec. (d). Pub. L. 95-88, Sec. 116(a)(2), struck out provisions
    authorizing appropriations of $6,500,000 for each of the fiscal
    years 1974 and 1975 and an appropriation of $7,000,000 for fiscal
    year 1976 and inserted provisions authorizing an appropriation of
    $7,000,000 for fiscal year 1978.
      Subsec. (f). Pub. L. 95-88, Sec. 116(b), added subsec. (f).
      1975 - Subsec. (c). Pub. L. 94-161, Sec. 311(2)(A), authorized
    appropriation of $25,000,000 for fiscal years 1976 and 1977.
      Subsec. (d). Pub. L. 94-161, Sec. 311(2)(B), authorized
    additional appropriation of $7,000,000 for fiscal years 1976 and
    1977.
      1973 - Subsec. (c). Pub. L. 93-189 substituted provisions
    authorizing appropriations for the fiscal years 1974 and 1975, for
    provisions authorizing appropriations for the fiscal years 1972 and
    1973 and directing that any amounts appropriated for the fiscal
    year 1970 be available for expenditure solely in accordance with
    the allocations set forth on pages 25 and 26 of House Report No. 91-
    611 and on page 23 of Senate Report No. 91-603.
      Subsec. (d). Pub. L. 93-189 substituted provisions authorizing
    the appropriation in fiscal years 1974 and 1975 of $6,500,000 in
    foreign currencies which the Secretary of the Treasury determines
    to be in excess to the normal requirements of the United States,
    for provisions authorizing the appropriation for the purposes of
    subsec. (b) of this section, in addition to funds otherwise
    available for such purposes, for the fiscal year 1970, of
    $3,000,000 in foreign currencies which the Secretary of the
    Treasury determines to be in excess of the normal requirement of
    the United States and directing that foreign currencies thus
    appropriated be available for expenditure solely in accordance with
    the allocation set forth on page 23 of Senate Report No. 91-603.
      Subsec. (e). Pub. L. 93-189 added subsec. (e).
      1972 - Subsec. (c). Pub. L. 92-226 authorized appropriations of
    $30,000,000 for fiscal years 1972 and 1973, and struck out
    provision for authorization of $25,900,000 for fiscal year 1970,
    and $12,900,000 for fiscal year 1971.
      1969 - Subsec. (c). Pub. L. 91-175, Sec. 103(1), substituted
    authorization of $25,900,000 for the fiscal year 1970 and
    $12,900,000 for the fiscal year 1971, for sum of $14,600,000 for
    the fiscal year 1969, and inserted provision making amounts
    appropriated under this subsection for the fiscal year 1970
    available for expenditure solely in accordance with the allocations
    set forth on pages 25 and 26 of House Report No. 91-611 and on page
    23 of Senate Report No. 91-603.
      Subsec. (d). Pub. L. 91-175, Sec. 103(2), (3), substituted
    authorization of $3,000,000 for fiscal year 1970, for sum of
    $5,100,000 for fiscal year 1969, and inserted provision making
    foreign currencies appropriated under this subsection available for
    expenditure solely in accordance with the allocation set forth on
    page 23 of Senate Report No. 91-603.
      1968 - Subsec. (c). Pub. L. 90-554, Sec. 102(c)(1), substituted
    authorization of $14,600,000 for fiscal year 1969, for sum of
    $14,000,000 for fiscal year 1968.
      Subsec. (d). Pub. L. 90-554, Sec. 102(c)(2), substituted
    authorization of $5,100,000 for fiscal year 1969, for sum of
    $2,986,000 for fiscal year 1968.
      1967 - Subsec. (c). Pub. L. 90-137, Sec. 103(c)(1), substituted
    authorization of $14,000,000 for fiscal year 1968 for sum of
    $10,989,000 for fiscal year 1967.
      Subsec. (d). Pub. L. 90-137, Sec. 103(c)(2), substituted
    authorization of $2,986,000 for fiscal year 1968 for sum of
    $1,000,000 for fiscal year 1967.
      1966 - Subsec. (b). Pub. L. 89-583, Sec. 103(c)(1), substituted
    "to institutions referred to in subsection (a) of this section, and
    to hospital centers for medical education and research outside the
    United States, founded or sponsored by United States citizens" for
    "to hospitals outside the United States founded or sponsored by
    United States citizens and serving as centers for medical education
    and research".
      Subsec. (c). Pub. L. 89-583, Sec. 103(c)(2), substituted
    authorization of $10,989,000 for fiscal year 1967 for sum of
    $7,000,000 for fiscal year 1966.
      Subsec. (d). Pub. L. 89-583, Sec. 103(c)(3), added subsec. (d).
      1965 - Subsec. (b). Pub. L. 89-171, Sec. 103(b)(1), substituted
    "medical education and research" for "medical treatment, education,
    and research".
      Subsec. (c). Pub. L. 89-171, Sec. 103(b)(2), substituted "1966,
    $7,000,000" for "1965, $18,000,000".
      1964 - Subsec. (c). Pub. L. 88-633 substituted "1965,
    $18,000,000" for "1964, $19,000,000" and struck out "Of the sums
    authorized to be appropriated under this subsection, not to exceed
    $2,200,000 shall be available for direct dollar costs in carrying
    out subsection (b) of this section and $4,700,000 shall be
    available solely for the purchase of foreign currencies accruing to
    the United States Government under any Act."
      1963 - Subsec. (a). Pub. L. 88-205, Sec. 103(b)(1), substituted
    "furnish" for "use, in addition to other funds available for such
    purposes, funds made available for the purpose of section 2171 of
    this title for".
      Subsec. (b). Pub. L. 88-205, Sec. 103(b)(2), substituted "to
    furnish" for "foreign currencies accruing to the United States
    Government under any Act, for purposes of subsection (a) of this
    section and for", and struck out "to use" before "notwithstanding".
      Subsec. (c). Pub. L. 88-205, Sec. 103(b)(3), added subsec. (c).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 116(b) of Pub. L. 95-88 provided that: "The amendment
    made by subsection (a)(3) [amending this section] shall not apply
    to funds appropriated before the date of enactment of this Act
    [Aug. 3, 1977]."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2175                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Sec. 2175. Repealed.

-MISC1-
    Sec. 2175. Repealed. Pub. L. 95-424, title I, Sec. 102(g)(1)(A),
      Oct. 6, 1978, 92 Stat. 942.
      Section, Pub. L. 87-195, pt. I, Sec. 215, Sept. 4, 1961, 75 Stat.
    428, related to loans to small farmers.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2175a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Sec. 2175a. Repealed.

-MISC1-
    Sec. 2175a. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(8),
      Dec. 29, 1981, 95 Stat. 1560.
      Section, Pub. L. 93-559, Sec. 3, Dec. 30, 1974, 88 Stat. 1795,
    imposed a ceiling on aid to South Vietnam for procurement of
    fertilizers. See section 2370(f) of this title.

-End-



-CITE-
    22 USC Secs. 2176 to 2178                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Secs. 2176 to 2178. Repealed.

-MISC1-
    Secs. 2176 to 2178. Repealed. Pub. L. 95-424, title I, Sec.
      102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942.
      Section 2176, Pub. L. 87-195, pt. I, Sec. 216, Sept. 4, 1961, 75
    Stat. 429; Pub. L. 88-633, pt. I, Sec. 102(d), Oct. 7, 1964, 78
    Stat. 1009, related to payment by the United States of
    transportation charges of the American Red Cross and United States
    voluntary nonprofit relief agencies.
      Section 2177, Pub. L. 87-195, pt. I, Sec. 217, as added Pub. L.
    88-633, pt. I, Sec. 102(e), Oct. 7, 1964, 78 Stat. 1009, related to
    a determination of the feasibility of establishing programs for the
    furnishing to less developed countries of used tools, machinery,
    etc., to be donated by private enterprise.
      Section 2178, Pub. L. 87-195, pt. I, Sec. 218, as added Pub. L.
    90-137, pt. I, Sec. 103(a), Nov. 14, 1967, 81 Stat. 450, related to
    the demonstration of the use of fish and other protein concentrates
    as a means of reducing nutritional deficiencies in less developed
    countries.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2179                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Sec. 2179. Prototype desalting plant

-STATUTE-
    (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
    section 5 of title 41.
    (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 (83 Stat. 45, Public Law 91-43), or prior
    authorization Acts, shall be used to carry out the purposes of this
    section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 219, as added Pub. L. 91-175, pt. I,
    Sec. 104, Dec. 30, 1969, 83 Stat. 806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of July 11, 1969, referred to in subsec. (g), is Pub. L. 91-
    43, July 11, 1969, 83 Stat. 45, which is not classified to the
    Code.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      In subsec. (c), "section 3324(a) and (b) of title 31" substituted
    for reference to section 3648 of the Revised Statutes (31 U.S.C.
    529) on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96
    Stat. 1067, the first section of which enacted Title 31, Money and
    Finance.

-CHANGE-
                              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.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Secs. 2180, 2180a                                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ii - american schools and hospitals abroad; prototype
                  desalting plants                

-HEAD-
    Secs. 2180, 2180a. Repealed.

-MISC1-
    Secs. 2180, 2180a. Repealed. Pub. L. 95-424, title I, Sec.
      102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942.
      Section 2180, Pub. L. 87-195, pt. I, Sec. 220, as added Pub. L.
    91-175, pt. I, Sec. 104, Dec. 30, 1969, 83 Stat. 807, related to
    programs for peaceful communications using television, etc., for
    educational, health, etc., purposes.
      Section 2180a, Pub. L. 87-195, pt. I, Sec. 220A, as added Pub. L.
    92-226, pt. I, Sec. 102(c), Feb. 7, 1972, 86 Stat. 22, related to
    assistance in the reopening of the Suez Canal.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-


-CITE-
    22 USC subpart iii - shelter and other credit guaranty
           programs                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
         SUBPART III - SHELTER AND OTHER CREDIT GUARANTY PROGRAMS     

-End-



-CITE-
    22 USC Sec. 2181                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2181. Policy

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 221, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 807; amended Pub. L. 92-226, pt.
    I, Sec. 103(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 93-189, Sec.
    5(1), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-559, Sec. 7(1), Dec.
    30, 1974, 88 Stat. 1796; Pub. L. 94-161, title III, Sec. 311(3),
    Dec. 20, 1975, 89 Stat. 861; Pub. L. 95-88, title I, Sec.
    117(a)(1), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95-424, title I,
    Sec. 115(a), Oct. 6, 1978, 92 Stat. 950; Pub. L. 98-473, title I,
    Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884,
    1903.)

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 98-473 is based on section 311(a) of H.R.
    5119, Ninety-eighth Congress, as passed by the House of
    Representatives May 10, 1984, which was enacted into permanent law
    by Pub. L. 98-473.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 221 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75
    Stat. 429, as amended by Pub. L. 87-565, pt. I, Sec. 104(a), Aug.
    1, 1962, 76 Stat. 256; Pub. L. 88-205, pt. I, Sec. 104(a), Dec. 16,
    1963, 77 Stat. 381; Pub. L. 88-633, pt. I, Sec. 103(a), Oct. 7,
    1964, 78 Stat. 1009; Pub. L. 89-171, pt. I, Sec. 104(a), (b), Sept.
    6, 1965, 79 Stat. 654; Pub. L. 89-583, pt. I, Sec. 104(a), Sept.
    19, 1966, 80 Stat. 798; Pub. L. 90-137, pt. I, Sec. 104(a), Nov.
    14, 1967, 81 Stat. 450; Pub. L. 90-554, pt. I, Sec. 103, Oct. 8,
    1968, 82 Stat. 960, related to general authority for foreign
    investment guaranties by the President, prior to the general
    reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,
    Dec. 30, 1969, 83 Stat. 807.

                                AMENDMENTS                            
      1984 - Pub. L. 98-473 substituted ", including essential urban
    development services, is" for "requirements are" after "The
    Congress recognizes that shelter" and, in the remainder of the
    section substituted "shelter" for "housing" wherever appearing.
      1978 - Pub. L. 95-424 generally revised the statement of policy
    to clarify that in developing countries, financing, materials and
    labor for most housing must be obtained from local sources, while
    United States capital and technical expertise can increase the
    availability of housing and related services for low-income people
    by demonstrating financial viability of credit systems for low-cost
    housing.
      1977 - Pub. L. 95-88 struck out provisions that the total face
    amount of guaranties issued under this section outstanding at any
    one time not exceed $430,000,000 and added section 2182(c) of this
    title to the enumeration of sections setting out the conditions
    under which guaranties shall be issued.
      1975 - Pub. L. 94-161 substituted "$430,000,000" for
    "$355,000,000".
      1974 - Pub. L. 93-559 substituted "$355,000,000" for
    "$305,000,000".
      1973 - Pub. L. 93-189 substituted "$305,000,000" for
    "$205,000,000".
      1972 - Pub. L. 92-226 substituted "$205,000,000" for
    "$130,000,000".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

    USE OF FUNDS FROM SALE OF NOTES FOR DISCHARGE OF LIABILITIES UNDER
        GUARANTIES; TRANSFER OF FUNDS AND CANCELLATION OF NOTES AND
                                 INTEREST
      Pub. L. 90-249, title I, Sec. 120, Jan. 2, 1968, 81 Stat. 941,
    provided that: "Hereafter, none of the funds obtained or authorized
    to be obtained from the sale of notes under authority of paragraph
    111(c)(2) of the Economic Cooperation Act of 1948 [section
    1509(c)(2) of this title] or paragraph 413(b)(4)(F) of the Mutual
    Security Act of 1954 [section 1933(b)(4)(F) of this title] may be
    used for the purposes of discharging liabilities under any
    guaranties (exclusive of informational media guaranties) issued
    under sections 221(b) and 224 of the Foreign Assistance Act of 1961
    [subsec. (b) of this section and section 2184 of this title],
    sections 202(b) and 413(b)(4) of the Mutual Security Act of 1954
    [sections 1872(b) and 1933(b)(4) of this title] and section
    111(b)(3) of the Economic Cooperation Act of 1948 [section
    1509(b)(3) of this title]. Any portion of the funds in the reserve
    established pursuant to section 222(e) of the Foreign Assistance
    Act of 1961 [section 2182(e) of this title] which are attributable
    to the funds realized from the sale of notes specified in the
    preceding sentence shall be transferred to the general fund of the
    Treasury. The Secretary of the Treasury shall cancel all such notes
    and sums owing and unpaid thereon, including interest to date of
    cancellation."

-End-



-CITE-
    22 USC Sec. 2182                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2182. Authorization for worldwide shelter guarantees

-STATUTE-
    (a) Authorization to issue guarantees to eligible investors
      To carry out the policy of section 2181 of this title, the
    President is authorized to issue guaranties to eligible investors
    (as defined in section 2198(c) of this title) assuring against
    losses incurred in connection with loans made for projects meeting
    the criteria set forth in section 2181 of this title. The total
    principal amount of guaranties issued under this subpart or
    heretofore issued under prior housing guaranty authorities, which
    are outstanding at any one time, shall not exceed $2,558,000,000.
    The authority of this section shall continue through September 30,
    1992. The President may issue regulations from time to time with
    regard to the terms and conditions upon which such guaranties shall
    be issued and the eligibility of lenders.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 222, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 807; amended Pub. L. 94-161,
    title III, Sec. 311(4), Dec. 20, 1975, 89 Stat. 861; Pub. L. 95-88,
    title I, Sec. 117(a)(2), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95-
    424, title I, Sec. 115(a), Oct. 6, 1978, 92 Stat. 950; Pub. L. 96-
    53, title I, Sec. 112(a), Aug. 14, 1979, 93 Stat. 363; Pub. L. 97-
    113, title III, Sec. 310(a), Dec. 29, 1981, 95 Stat. 1535; Pub. L.
    98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984,
    98 Stat. 1884, 1903; Pub. L. 99-83, title III, Sec. 313(a)-(c),
    Aug. 8, 1985, 99 Stat. 216, 217; Pub. L. 100-202, Sec. 101(e)
    [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-131, 1329-142;
    Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1205; Pub. L.
    101-302, title II, May 25, 1990, 104 Stat. 224; Pub. L. 101-513,
    title II, Nov. 5, 1990, 104 Stat. 1989.)

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 98-473 is based on section 311(b) of H.R.
    5119, Ninety-eighth Congress, as passed by the House of
    Representatives May 10, 1984, which was enacted into permanent law
    by Pub. L. 98-473.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 222 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75
    Stat. 430, as amended by Pub. L. 87-565, pt. I, Sec. 104(b), Aug.
    1, 1962, 76 Stat. 257; Pub. L. 88-205, pt. I, Sec. 104(b)-(f), Dec.
    16, 1963, 77 Stat. 381, 382; Pub. L. 89-171, pt. I, Sec. 104(c),
    Sept. 6, 1965, 79 Stat. 654; Pub. L. 89-583, pt. I, Sec. 104(b),
    Sept. 19, 1966, 80 Stat. 798; Pub. L. 90-137, pt. I, Sec. 104(b),
    Nov. 14, 1967, 81 Stat. 451, contained general provisions
    concerning foreign investment guaranties, prior to the general
    reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,
    Dec. 30, 1969, 83 Stat. 807.

                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-513 substituted "1992" for
    "1991".
      Pub. L. 101-302 substituted "$2,558,000,000" for
    "$2,158,000,000".
      1989 - Subsec. (a). Pub. L. 101-167 substituted "1991" for
    "1990".
      1987 - Subsec. (a). Pub. L. 100-202 substituted "1990" for
    "1988".
      1985 - Subsec. (a). Pub. L. 99-83, Sec. 313(a), (b), substituted
    "$2,158,000,000" for "$1,958,000,000" and "1988" for "1986".
      Subsec. (k). Pub. L. 99-83, Sec. 313(c), added subsec. (k).
      1984 - Subsec. (a). Pub. L. 98-473 substituted "$1,958,000,000"
    for "$1,718,000,000" and "1986" for "1984".
      1981 - Subsec. (a). Pub. L. 97-113 increased limitation on total
    principal amount of outstanding guarantees to $1,718,000,000 from
    $1,555,000,000 and extended termination date for exercise of
    guarantee authority to Sept. 30, 1984, from Sept. 30, 1982.
      1979 - Subsec. (a). Pub. L. 96-53 substituted "$1,555,000,000"
    for "$1,180,000,000", and "through September 30, 1982" for "until
    September 30, 1980".
      1978 - Pub. L. 95-424 amended section generally to provide a new
    consolidated section which provides a single authorization for the
    worldwide housing guarantee program, a new list of the types of
    programs to be emphasized, increased the worldwide authorization to
    $1,180,000,000, and encourages officials and governments in
    developing countries to consider the use of solar energy in housing
    projects.
      1977 - Subsec. (c). Pub. L. 95-88 inserted "or under section 2181
    of this title" after "Latin American housing guaranty authority
    repealed by the Foreign Assistance Act of 1969" and substituted
    "$1,030,000,000" for "$600,000,000".
      1975 - Subsec. (c). Pub. L. 94-161 substituted "$600,000,000" for
    "$550,000,000".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) So in original. No subsecs. (d) to (j) have been enacted.


-End-



-CITE-
    22 USC Sec. 2182a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2182a. Agricultural and productive credit and self-help
      community development programs

-STATUTE-
    (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 section 2183(b) of this title shall be available to make such
    payments as may be necessary to discharge liabilities under
    guaranties issued under this section or any guaranties previously
    issued under section 2200 of this title.
    (f) Administrative and operating expenses; funds
      Funds held by the Overseas Private Investment Corporation
    pursuant to section 2196 of this title may be available for meeting
    necessary administrative and operating expenses for carrying out
    the provisions of this section through June 30, 1976.
    (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 section 2200 of
    this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 222A, as added Pub. L. 93-559, Sec.
    8(a)(2), Dec. 30, 1974, 88 Stat. 1796; amended Pub. L. 95-88, title
    I, Sec. 117(b)(1), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95-424,
    title I, Sec. 115(b), title V, Sec. 502(d)(1), Oct. 6, 1978, 92
    Stat. 951, 959; Pub. L. 96-53, title I, Sec. 112(b), Aug. 14, 1979,
    93 Stat. 364; Pub. L. 97-438, Jan. 8, 1983, 96 Stat. 2286; Pub. L.
    98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984,
    98 Stat. 1884, 1903; Pub. L. 99-83, title III, Sec. 313(d), Aug. 8,
    1985, 99 Stat. 217; Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title
    V, Sec. 586(h)(3)], Nov. 29, 1999, 113 Stat. 1535, 1501A-120.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2200 of this title, referred to in subsecs. (e) and (g),
    was in the original a reference to section 240 of this Act, meaning
    section 240 of Pub. L. 87-195, as added by section 105 of Pub. L.
    91-175, which was repealed by section 8(b) of Pub. L. 93-559, and
    was replaced by this section. Another section 240 of Pub. L. 87-
    195, as added by section 9 of Pub. L. 95-268, was enacted Apr. 24,
    1978, and is classified to section 2200 of this title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V,
    Sec. 586(h)(3)], Nov. 29, 1999, 113 Stat. 1535, 1501A-120,
    directing repeal of subsec. (d) of this section did not become
    effective pursuant to section 1000(a)(2) [title V, Sec. 586] of
    div. B of Pub. L. 106-113, formerly set out as an Abolition of the
    Inter-American Foundation note under section 290f of this title.
      Amendment by Pub. L. 98-473 is based on section 312 of H.R. 5119,
    Ninety-eighth Congress, as passed by the House of Representatives
    May 10, 1984, which was enacted into permanent law by Pub. L. 98-
    473.


-MISC2-
                                AMENDMENTS                            
      1985 - Subsec. (h). Pub. L. 99-83 substituted "1988" for "1986".
      1984 - Subsec. (a). Pub. L. 98-473 struck out "in Latin America,"
    after "economic development of less-developed countries" and "in
    not more than six Latin American countries" after "establish pilot
    programs".
      Subsec. (b). Pub. L. 98-473 struck out "in not more than five
    Latin American countries" after "nonprofit development
    organizations".
      Subsec. (h). Pub. L. 98-473 substituted "1986" for "1983".
      1983 - Subsec. (h). Pub. L. 97-438 substituted "1983" for "1982".
      1979 - Subsec. (a). Pub. L. 96-53, Sec. 112(b)(1), substituted
    "six" for "five".
      Subsec. (c). Pub. L. 96-53, Sec. 112(b)(2), substituted
    "$20,000,000" for "$15,000,000".
      Subsec. (h). Pub. L. 96-53, Sec. 112(b)(3), substituted "through
    September 30, 1982" for "until September 30, 1979".
      1978 - Subsec. (h). Pub. L. 95-424, Sec. 115(b), substituted
    "September 30, 1979" for "September 30, 1978".
      Subsec. (j). Pub. L. 95-424, Sec. 502(d)(1), struck out subsec.
    (j) relating to a Presidential report to Congress on the results of
    the program established under this section.
      1977 - Subsec. (h). Pub. L. 95-88 substituted "September 30,
    1978" for "December 31, 1977".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

-End-



-CITE-
    22 USC Sec. 2183                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2183. General provisions

-STATUTE-
    (a) Fees; determination by President; reduction
      A fee shall be charged for each guaranty issued under section
    2182 or 2182a of this title in an amount to be determined by the
    President. In the event the fee to be charged for such type of
    guaranty is reduced, fees to be paid under existing contracts for
    the same type of guaranty may be similarly reduced.
    (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 section 2182 of this title or under prior
    housing guaranty authorities, shall be available for meeting
    necessary administrative and operating expenses of carrying out the
    provisions of section 2182 of this title and administering housing
    guaranties heretofore authorized under this subpart and under prior
    housing guaranty provisions repealed by the Foreign Assistance Act
    of 1969 (including, but not limited to expenses pertaining to
    personnel, supplies, and printing), subject to such limitations as
    may be imposed in annual appropriation Acts; for meeting management
    and custodial costs incurred with respect to currencies or other
    assets acquired under guaranties made pursuant to section 2182 of
    this title or heretofore pursuant to this subpart or prior Latin
    American and other housing guaranty authorities repealed by the
    Foreign Assistance Act of 1969; and to pay the cost of
    investigating and adjusting (including costs of arbitration) claims
    under such guaranties; and shall be available for expenditure in
    discharge of liabilities under such guaranties until such time as
    all such property has been disposed of and all such liabilities
    have been discharged or have expired, or until all such fees have
    been expended in accordance with the provisions of this subsection.
    Fees collected in connection with guaranties issued under section
    2182a of this title shall likewise be available to meet similar
    expenses, costs, or liabilities incurred in connection with the
    programs authorized by that section. All of the foregoing fees
    referred to in this section together with earnings thereon and
    other income arising from guaranty operations under this subpart
    shall be held in a revolving fund account maintained in the
    Treasury of the United States. All funds in such account may be
    invested in obligations of the United States. Any interest or other
    receipts derived from such investments shall be credited to such
    account and may be used for the purposes cited in this section.
    (c) Priorities of funds for guaranty payments
      Any payments made to discharge liabilities under guaranties
    issued under section 2182 of this title or heretofore under this
    subpart or under prior Latin American or other housing guaranty
    authorities repealed by the Foreign Assistance Act of 1969, shall
    be paid first out of fees referred to in subsection (b) of this
    section (excluding amounts required for purposes other than the
    discharge of liabilities under guaranties) as long as such fees are
    available, and thereafter shall be paid out of funds, if any,
    realized from the sale of currencies or other assets acquired in
    connection with any payment made to discharge liabilities under
    such guaranties as long as funds are available, and finally out of
    funds hereafter made available pursuant to subsection (e) of this
    section.
    (d) Guaranties as obligations backed by full faith and credit of
      United States
      All guaranties issued under section 2182 or 2182a, or previously
    under section 2200 of this title or heretofore under this subpart
    or under prior Latin American or other housing guaranty authority
    repealed by the Foreign Assistance Act of 1969 shall constitute
    obligations, in accordance with the terms of such guaranties, of
    the United States of America and the full faith and credit of the
    United States of America is hereby pledged for the full payment and
    performance of such obligations.
    (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 chapter 31 of title 31.
    (f) Agency determination of maximum rate of interest
      In the case of any loan investment guaranteed under section 2182
    of this title, the agency primarily responsible for administering
    subchapter I of this chapter shall prescribe the maximum rate of
    interest allowable to the eligible investor, which maximum rate
    shall not exceed by more than 1 per centum the then current rate of
    interest applicable to housing mortgages insured by the Department
    of Housing and Urban Development. The maximum allowable rate of
    interest under this subsection shall be prescribed by the agency as
    of the date the project covered by the investment is officially
    authorized and, prior to the execution of the contract, the agency
    may amend such rate at its discretion, consistent with the
    provisions of this subsection.
    (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, Sec. 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 section 2182 of this title only
    for housing projects which are coordinated with and complementary
    to any development assistance being furnished under part I of this
    subchapter and which are specifically designed to demonstrate the
    feasibility and suitability of particular kinds of housing or of
    financial or other institutional arrangements. Of the aggregate
    face value of housing guaranties hereafter issued under this
    subpart, not less than 90 per centum shall be issued for housing
    suitable for families with income below the median income (below
    the median urban income for housing in urban areas) in the country
    in which the housing is located.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 223, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 808; amended Pub. L. 92-226, pt.
    I, Sec. 103(b) Feb. 7, 1972, 86 Stat. 22; Pub. L. 93-189, Sec.
    5(2), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-559, Secs. 7(2),
    8(a)(3)-(5), Dec. 30, 1974, 88 Stat. 1796, 1797; Pub. L. 94-161,
    title III, Sec. 311(5), Dec. 20, 1975, 89 Stat. 861; Pub. L. 94-
    329, title IV, Sec. 414, June 30, 1976, 90 Stat. 761; Pub. L. 95-
    88, title I, Sec. 117(a)(3), (b)(2), (c), Aug. 3, 1977, 91 Stat.
    540; Pub. L. 95-424, title I, Sec. 115(c)-(j), Oct. 6, 1978, 92
    Stat. 951, 952; Pub. L. 96-53, title I, Sec. 112(c), (d), Aug. 14,
    1979, 93 Stat. 364; Pub. L. 97-113, title III, Sec. 310(b), Dec.
    29, 1981, 95 Stat. 1535; Pub. L. 98-473, title I, Sec. 101(1)
    [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L.
    100-202, Sec. 101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat.
    1329-131, 1329-142; Pub. L. 105-277, div. A, Sec. 101(d) [title
    II], Oct. 21, 1998, 112 Stat. 2681-150, 2681-157.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1969, referred to in subsecs. (b),
    (c), (d), and (g), is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805,
    as amended. For complete classification of this Act to the Code,
    see Short Title note set out under section 2151 of this title and
    Tables. The guaranty authorities repealed by the 1969 Act were the
    guaranty authorities contained in sections 2181 to 2184 prior to
    the general reorganization of this subpart by the 1969 Act.
      Section 2200 of this title, referred to in subsec. (d), was in
    the original a reference to section 240 of this Act, meaning
    section 240 of Pub. L. 87-195, as added by section 105 of Pub. L.
    91-175, which was repealed by section 8(b) of Pub. L. 93-559, and
    was replaced by section 2182a of this title. Another section 240 of
    Pub. L. 87-195, as added by section 9 of Pub. L. 95-268, was
    enacted Apr. 24, 1978, and is classified to section 2200 of this
    title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of this subchapter are deemed to include a
    reference to section 2293 of this title. See section 2293(d)(1) of
    this title.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 98-473 is based on section 311(c) of H.R.
    5119, Ninety-eighth Congress, as passed by the House of
    Representatives May 10, 1984, which was enacted into permanent law
    by Pub. L. 98-473.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 223 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75
    Stat. 431, as amended by Pub. L. 89-171, pt. I, Sec. 104(d), Sept.
    6, 1965, 79 Stat. 654; Pub. L. 90-137, pt. I, Sec. 104(c), Nov. 4,
    1967, 81 Stat. 451, contained definitions, prior to the general
    reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,
    Dec. 30, 1969, 83 Stat. 807.

                                AMENDMENTS                            
      1998 - Subsec. (j). Pub. L. 105-277 struck out at end "The face
    value of guaranties issued with respect to housing in any country
    shall not exceed $25,000,000 in any fiscal year, and the average
    face value of guaranties issued in any fiscal year shall not exceed
    $15,000,000. Of the total amount of housing guaranties authorized
    to be issued under section 2182 of this title through September 30,
    1982, not less than a face amount of $25,000,000 shall be issued
    for projects in Israel and not less than a face amount of
    $25,000,000 shall be issued for projects in Egypt."
      1987 - Subsec. (e)(2)(A)(ii). Pub. L. 100-202 substituted
    "$100,000,000" for "$40,000,000".
      1984 - Subsec. (e). Pub. L. 98-473 designated existing provisions
    as par. (1) and added par. (2).
      1981 - Subsec. (b). Pub. L. 97-113 provided for maintenance of a
    revolving fund account in the Treasury consisting of fees, earnings
    from fees, and income from guaranty operations and authorized
    investment of account funds in obligations of the United States and
    use of investment income.
      1979 - Subsec. (f). Pub. L. 96-53, Sec. 112(c), substituted "the
    Department of Housing and Urban Development" for "such Department",
    and struck out provisions setting forth minimum rate of interest as
    not less than one-half of one per centum above the then current
    rate on mortgages insured by the Department of Housing and Urban
    Development.
      Subsec. (j). Pub. L. 96-53, Sec. 112(d), struck out requirement
    that except for regional projects, guarantees for housing projects
    be granted to countries receiving or which have received in the two
    previous years assistance under part I of this subchapter and
    substituted provisions authorizing face amounts of housing
    guarantees through September 30, 1982 of not less than $25,000,000
    for Israel and Egypt for provisions authorizing face amounts of
    housing guarantees until September 30, 1978 of an amount not to
    exceed $75,000,000 in Israel and $30,000,000 in Portugal and
    Lebanon.
      1978 - Subsec. (a). Pub. L. 95-424, Sec. 115(c), substituted
    "section 2182 or 2182a" for "section 2181, 2182, or 2182a".
      Subsec. (b). Pub. L. 95-424, Sec. 115(d), struck out "2181 or"
    after "guarantees issued under section"; substituted "section 2182
    of this title and administering housing guaranties heretofore
    authorized under this subpart and under" for "section 2181 and
    section 2182 of this title and of"; struck out "2181 or" after
    "made pursuant to section", and inserted "this subpart" after
    "heretofore pursuant to".
      Subsec. (c). Pub. L. 95-424, Sec. 115(e), struck out "section
    2181 or" after "guaranties issued under", and inserted "under this
    subpart or" after "heretofore".
      Subsec. (d). Pub. L. 95-424, Sec. 115(f), substituted "section
    2182 or 2182a" for "section 2181, 2182, 2182a", and inserted "under
    this subpart" after "heretofore".
      Subsec. (f). Pub. L. 95-424, Sec. 115(g), substituted "section
    2182" for "section 2181 or 2182".
      Subsec. (g). Pub. L. 95-424, Sec. 115(h), inserted "heretofore
    under this subpart" after "outstanding".
      Subsec. (i). Pub. L. 95-424, Sec. 115(i), struck out subsec. (i)
    directing that the authority of sections 2181 and 2182 of this
    title shall continue until Sept. 30, 1979.
      Subsec. (j). Pub. L. 95-424, Sec. 115(j), substituted "section
    2182" for "sections 2181 and 2182".
      1977 - Subsec. (b). Pub. L. 95-88, Sec. 117(b)(2), substituted
    "together with all fees collected in connection with guaranties
    issued under section 2181 or 2182 of this title or under prior
    housing guaranty authorities" for "together with all fees collected
    in connection with guaranties issued hereunder" and inserted
    provision that fees collected in connection with guaranties issued
    under section 2182a of this title shall likewise be available to
    meet similar expenses, costs, or liabilities incurred in connection
    with the programs authorized by that section.
      Subsec. (i). Pub. L. 95-88, Sec. 117(a)(3), substituted
    "September 30, 1979" for "September 30, 1978".
      Subsec. (j). Pub. L. 95-88, Sec. 117(c), substituted "September
    30, 1978" for "September 30, 1977", "$75,000,000" for "$50,000,000"
    in provisions relating to housing guaranties in Israel,
    "$30,000,000" for "$20,000,000" in provisions relating to housing
    guaranties in Portugal, and "$30,000,000" for "$15,000,000" in
    provisions relating to housing guaranties in Lebanon.
      1976 - Subsec. (j). Pub. L. 94-329 authorized President to issue
    housing guaranties until September 30, 1977, in Lebanon, not
    exceeding a face amount of $15,000,000.
      1975 - Subsec. (i). Pub. L. 94-161, Sec. 311(5)(A), substituted
    "September 30, 1978" for "June 30, 1976".
      Subsec. (j). Pub. L. 94-161, Sec. 311(5)(B), added subsec. (j).
      1974 - Subsec. (a). Pub. L. 93-559, Sec. 8(a)(3), inserted
    reference to section 2182a of this title.
      Subsec. (b). Pub. L. 93-559, Sec. 8(a)(4), substituted in first
    sentence "section 2181 and section 2182 of this title" for "this
    subpart".
      Subsec. (d). Pub. L. 93-559, Sec. 8(a)(5), substituted "section
    2181, 2182, 2182a, or previously under section 2200 of this title"
    for "section 2181 or section 2182 of this title".
      Subsec. (i). Pub. L. 93-559, Sec. 7(2), substituted "June 30,
    1976" for "June 30, 1975".
      1973 - Subsec. (i). Pub. L. 93-189 substituted "June 30, 1975"
    for "June 30, 1974".
      1972 - Subsec. (i). Pub. L. 92-226 substituted "June 30, 1974"
    for "June 30, 1972".

                     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, Sec. 541(a)] of Pub. L. 98-473 provided
    that: "The amendment made by subsection (c) of this section
    [amending this section] shall take effect on the date of enactment
    of this Act [Oct. 12, 1984]."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2184                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2184. Trade credit insurance program for Central America

-STATUTE-
    (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 [12
    U.S.C. 635(b)(1)(B)], the agency primarily responsible for
    administering subchapter I of this chapter (hereafter in this
    section referred to as the "Agency") is authorized to provide
    guarantees to the Bank for liabilities to be incurred by the Bank
    in connection with guarantees or insurance provided under the
    Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] for
    financing for transactions involving the export of goods and
    services for the use of the private sector in Central American
    countries.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 224, as added Pub. L. 98-473, title I,
    Sec. 101(1) [title V, Sec. 541(a)], Oct. 12, 1984, 98 Stat. 1884,
    1903; amended Pub. L. 99-83, title III, Sec. 314, Aug. 8, 1985, 99
    Stat. 217; Pub. L. 101-167, title IV, Nov. 21, 1989, 103 Stat.
    1216; Pub. L. 101-179, title III, Sec. 304(b), Nov. 28, 1989, 103
    Stat. 1313; Pub. L. 101-513, title IV, Nov. 5, 1990, 104 Stat.
    2001.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export-Import Bank Act of 1945, referred to in subsec. (a),
    is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is
    classified generally to subchapter I (Sec. 635 et seq.) of chapter
    6A of Title 12, Banks and Banking. For complete classification of
    the Act to the Code, see Short Title note set out under section 635
    of Title 12 and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      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
    Pub. L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance. See, also, page 148 of House Document
    No. 103-7.
      Section 224 of Pub. L. 87-195 is based on section 1011 of title X
    of H.R. 5119, Ninety-eighth Congress, as passed by the House of
    Representatives May 10, 1984, and enacted into law by Pub. L. 98-
    473.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 224 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75
    Stat. 432, as amended by Pub. L. 87-565, pt. I, Sec. 104(c), Aug.
    1, 1962, 76 Stat. 257; Pub. L. 88-205, pt. I, Sec. 104(g), Dec. 16,
    1963, 77 Stat. 382; Pub. L. 88-633, pt. I, Sec. 103(b), Oct. 7,
    1964, 78 Stat. 1010; Pub. L. 89-171, pt. I, Sec. 104(e), Sept. 6,
    1965, 79 Stat. 655; Pub. L. 89-583, pt. I, Sec. 104(c), Sept. 19,
    1966, 80 Stat. 798; Pub. L. 90-137, pt. I, Sec. 104(d), Nov. 14,
    1967, 81 Stat. 451; Pub. L. 90-554, pt. I, Sec. 104, Oct. 8, 1968,
    82 Stat. 961, related to housing projects in Latin America, prior
    to the general reorganization of this subpart by Pub. L. 91-175,
    pt. I, Sec. 105, Dec. 30, 1969, 83 Stat. 807. See section 2182 of
    this title.

                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-513 substituted "1991" for
    "1990".
      1989 - Pub. L. 101-179 inserted "for Central America" after
    "program" in section catchline.
      Subsec. (c). Pub. L. 101-167 substituted "1990" for "1989".
      1985 - Subsec. (e). Pub. L. 99-83 substituted "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" for "not to exceed $300,000,000 in the fiscal
    year 1985".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

-End-



-CITE-
    22 USC Sec. 2185                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2185. Trade credit insurance program for Poland

-STATUTE-
    (a) General authority
      (1) Assurance to Export-Import Bank of repayment
        The President is authorized to provide guarantees to the Bank
      for liabilities described in paragraph (2) in order to satisfy
      the requirement of section 2(b)(1)(B) of the Export-Import Bank
      Act of 1945 (12 U.S.C. 635(b)(1)(B)) that the Bank have (!1)
      reasonable assurance of repayment.

      (2) Liabilities which may be guaranteed
        The liabilities that may be guaranteed under paragraph (1) are
      liabilities incurred by the Bank in connection with guarantees or
      insurance provided under the Export-Import Bank Act of 1945 [12
      U.S.C. 635 et seq.] for financing for transactions involving the
      export of goods and services for the use of the private sector in
      Poland.
    (b) Guarantees available only for short-term guarantees and
      insurance
      Guarantees provided under subsection (a) 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 225, as added Pub. L. 101-179, title
    III, Sec. 304(a), Nov. 28, 1989, 103 Stat. 1312.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export-Import Bank Act of 1945, referred to in subsec.
    (a)(2), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,
    which is classified generally to subchapter I (Sec. 635 et seq.) of
    chapter 6A of Title 12, Banks and Banking. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 635 of Title 12 and Tables.

-COD-
                               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 Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance. See, also, page 148 of House
    Document No. 103-7.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC1-
                           CONFORMING REFERENCE                       
      Section 304(c) of Pub. L. 101-179 provided that: "With respect to
    Poland, any reference in the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1990 [Pub. L. 101-167,
    Nov. 21, 1989, 103 Stat. 1195], to section 224 of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2184] shall be deemed to be a
    reference to section 225 of that Act [22 U.S.C. 2185] (as enacted
    by this section)."

-FOOTNOTE-
    (!1) So in original. Probably should be "has".


-End-



-CITE-
    22 USC Sec. 2186                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart iii - shelter and other credit guaranty programs

-HEAD-
    Sec. 2186. Loan guarantees to Israel program

-STATUTE-
    (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 U.S.C. 661
    et seq.]. This shall also include an amount for the administrative
    expenses of the Agency for International Development in
    administering the program under this section. All such fees shall
    be paid by the Government of Israel to the Government of the United
    States. Funds made available for Israel under part 4 of subchapter
    II of this chapter, may be utilized by the Government of Israel to
    pay such fees to the United States Government. No further
    appropriations of subsidy cost are needed for the loan guarantee
    authorized hereunder for fiscal year 1993 and the four succeeding
    fiscal years.
      (2) The origination fee shall be payable to the United States
    Government on a pro rata basis as each guarantee for each loan or
    increment is issued.
    (f) Authority to suspend
      Except as provided in subsections (l) and (m) of this section,
    the President shall determine the terms and conditions for issuing
    guarantees. If the President determines that these terms and
    conditions have been breached, the President may suspend or
    terminate the provision of all or part of the additional loan
    guarantees not yet issued under this section. Upon making such a
    determination to suspend or terminate the provision of loan
    guarantees, the President shall submit to the Speaker of the House
    of Representatives and the President Pro Tempore of the Senate his
    determination to do so, including the basis for such suspension or
    termination.
    (g) Procedures for suspension or termination
      Any suspension or termination pursuant to subsection (f) 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
      Section 2183 of this title shall apply to guarantees issued under
    subsection (a) of this section in the same manner as such section
    applies to guarantees issued under section 2182 of this title,
    except that subsections (a), (e)(1), (g), and (j) of section 2183
    of this title shall not apply to such guarantees and except that,
    to the extent section 2183 of this title is inconsistent with the
    Federal Credit Reform Act of 1990 [2 U.S.C. 661 et seq.], that Act
    shall apply. Loans shall be guaranteed under this section without
    regard to sections 2181, 2182, and 2198(c) of this title.
    Notwithstanding section 2183(f) of this title, the interest rate
    for loans guaranteed under this section may include a reasonable
    fee to cover the costs and fees incurred by the borrower in
    connection with this program or financing under this section in the
    event the borrower elects not to finance such costs or fees out of
    loan principal. Guarantees once issued hereunder shall be
    unconditional and fully and freely transferable.
    (m) Terms and conditions
      (1) Each loan guarantee issued under this section shall guarantee
    100 percent of the principal and interest payable on such loans.
      (2) The standard terms of any loan or increment guaranteed under
    this section shall be 30 years with semiannual payments of interest
    only over the first 10 years, and with semiannual payments of
    principal and interest on a level payment basis, over the last 20
    years thereof, except that the guaranteed loan or any increments
    issued in a single transaction may include obligations having
    different maturities, interest rates, and payment terms if the
    aggregate scheduled debt service for all obligations issued in a
    single transaction equals the debt service for a single loan or
    increment of like amount having the standard terms described in
    this sentence. The guarantor shall not have the right to accelerate
    any guaranteed loan or increment or to pay any amounts in respect
    of the guarantees issued other than in accordance with the original
    payment terms of the loan. For purposes of determining the maximum
    principal amount of any loan or increment to be guaranteed under
    this section, the principal amount of each such loan or increment
    shall be - 
        (A) in the case of any loan issued on a discount basis, the
      original issue price (excluding any transaction costs) thereof;
      or
        (B) in the case of any loan issue (!1) on an interest-bearing
      basis, the stated principal amount thereof.


-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 226, as added Pub. L. 102-391, title
    VI, Sec. 601, Oct. 6, 1992, 106 Stat. 1699.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Credit Reform Act of 1990, referred to in subsecs.
    (e)(1) and (l), is title V of Pub. L. 93-344 as added by Pub. L.
    101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-
    609, which is classified generally to subchapter III (Sec. 661 et
    seq.) of chapter 17A of Title 2, The Congress. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 621 of Title 2 and Tables.
      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 Pub. L. 94-329, title VI, June 30, 1976, 90 Stat.
    765, which is not classified to the Code.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "issued".


-End-


-CITE-
    22 USC subpart iv - overseas private investment
           corporation                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs


-STATAMEND-
           SUBPART IV - OVERSEAS PRIVATE INVESTMENT CORPORATION       

-End-



-CITE-
    22 USC Sec. 2191                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2191. Congressional statement of purpose; creation and
      functions of Corporation

-STATUTE-
      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 section 2702 of title 19, Ireland, and Northern
      Ireland); and
        (3) ensure that the project is consistent with the provisions
      of section 2151p of this title, section 2151p-1 of this title,
      and section 2151q of this title relating to the environment and
      natural resources of, and tropical forests and endangered species
      in, developing countries, and consistent with the intent of
      regulations issued pursuant to section 2151p of this title,
      section 2151p-1 of this title, and section 2151q of this title.

      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 231, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 809; amended Pub. L. 93-390, Sec.
    2(1), Aug. 27, 1974, 88 Stat. 763; Pub. L. 95-268, Sec. 2, Apr. 24,
    1978, 92 Stat. 213; Pub. L. 97-65, Sec. 2, Oct. 16, 1981, 95 Stat.
    1021; Pub. L. 99-204, Secs. 3, 4(a), Dec. 23, 1985, 99 Stat. 1669;
    Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-
    36; Pub. L. 102-549, title I, Sec. 101, Oct. 28, 1992, 106 Stat.
    3651; Pub. L. 103-392, title I, Sec. 105, Oct. 22, 1994, 108 Stat.
    4099.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on sections 102 and
    110(a)(1) of title I of H.R. 5263, One Hundredth Congress, as
    passed by the House of Representatives on Sept. 20, 1988, and
    sections 102 and 110(a)(1) of title I of S. 2757, One Hundredth
    Congress, as reported Sept. 7, 1988, and enacted into law by Pub.
    L. 100-461.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 231 of Pub. L. 87-195, pt. 1, Sept. 4, 1961, 75
    Stat. 432, related to general authority of President to participate
    in financing of surveys of investment opportunities in less
    developed friendly countries, prior to the general reorganization
    of this subpart by Pub. L. 91-175, pt. I, Sec. 105, Dec. 30, 1969,
    83 Stat. 807.

                                AMENDMENTS                            
      1994 - Pub. L. 103-392 inserted ", Ireland, and Northern Ireland"
    after "title 19" in par. (2) of second undesignated par.
      1992 - Pub. L. 102-549, in first undesignated par., substituted
    "countries and areas, and countries in transition from nonmarket to
    market economies," for "friendly countries and areas,".
      1988 - Pub. L. 100-461, in par. (2) of second undesignated par.,
    substituted "984 or less in 1986 United States dollars" for "$896
    or less in 1983 United States dollars" and "$4,269 or more in 1986
    United States dollars (other than countries designated as
    beneficiary countries under section 2702 of title 19)" for "$3,887
    or more in 1983 United States dollars".
      Pub. L. 100-461, in par. (3) of second undesignated par.,
    substituted "section 2151p of this title, section 2151p-1 of this
    title, and section" for "sections 2151p of this title and" and
    "tropical forests and endangered species" for "biological
    diversity".
      1985 - Pub. L. 99-204, in second undesignated par., substituted
    "$896 or less in 1983 United States dollars" for "$680 or less in
    1979 United States dollars" and "$3,887 or more in 1983 United
    States dollars" for "$2,950 or more in 1979 United States dollars"
    in par. (2), added par. (3), and added cl. (n).
      1981 - Pub. L. 97-65 substituted "$680 or less in 1979 United
    States dollars" for "$520 or less in 1975 United States dollars"
    and "$2,950 or more in 1979 United States dollars" for "$1,000 or
    more in 1975 United States dollars" in par. (2) of undesignated
    paragraph covering the guidelines to be used with regard to
    operations in less developed countries, inserted ", and to seek to
    support those developmental projects having positive trade benefits
    for the United States" in cl. (i) of undesignated paragraph
    enumerating the activities of the Corporation, and, in that
    unnumbered paragraph, added cl. (m), relating to investments which
    would reduce positive trade benefits.
      1978 - Pub. L. 95-268 inserted undesignated par. relating to
    determinations by the Corporation respecting insurance, financing,
    or reinsurance for a project, in cl. (e) designated existing
    provisions as subcl. (1) and, as so designated, substituted
    reference to guaranty activities for reference to financing
    activities and reference to small businesses for reference to
    businesses with a net worth of not more than $2,500,000 or with
    total assets of not more than $7,500,000, and added subcl. (2),
    struck out cl. (f) relating to encouragement and support of private
    investments for certain less developed friendly countries,
    redesignated former cls. (g) to (k) as (f) to (j), respectively,
    struck out former cl. (l) relating to preference by the Corporation
    for projects in countries having a per capita income of $450 or
    less in 1973 United States dollars, redesignated former cl. (m) as
    (k), and added cl. (n) which, as added, was redesignated as (l).
      1974 - Pub. L. 93-390, in introductory par., substituted "social
    development" for "social progress", in cl. (a) inserted provisions
    for conducting insurance and reinsurance operations and substituted
    provisions requiring in financial operations consideration of
    economic and financial soundness of projects for provisions
    requiring consideration of economic and financial soundness of
    projects and availability of financing from other sources on
    appropriate terms, in cl. (d) substituted "efforts to share its
    insurance and reinsurance" for "when appropriate, efforts to share
    its insurance", in cl. (e) substituted provisions requiring
    preferential treatment to investment projects involving businesses
    with enumerated net worth or total assets for provisions requiring
    utilization and encouragement for full participation in Corporation
    programs of small businesses, in cl. (i) inserted "and employment"
    before "objectives", and added cls. (l) and (m).

     OVERSEAS PRIVATE INVESTMENT CORPORATION; REAFFIRMATION OF SUPPORT 
      Pub. L. 100-418, title II, Sec. 2203(a), Aug. 23, 1988, 102 Stat.
    1328, provided that: "The Congress reaffirms its support for the
    Overseas Private Investment Corporation as a United States
    Government agency serving important development assistance goals.
    In order to enhance the Corporation's ability to meet these goals,
    the Overseas Private Investment Corporation should increase its
    loan guaranty and direct investment programs."


-EXEC-
        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 (75 Stat. 424), as amended (hereinafter the "Act")
    [section 2151 et seq. of this title] and section 301 of title 3 of
    the United States Code, and as President of the United States, it
    is ordered as follows:
      Section 1. Transfer to Overseas Private Investment Corporation.
    All obligations, assets and related rights and responsibilities
    arising out of, or related to, predecessor programs and authorities
    similar to those provided for in sections 234(a), (b) and (d) of
    the Act [section 2194(a), (b) and (d) of this title] are hereby
    transferred to the Overseas Private Investment Corporation
    (hereinafter the "Corporation").
      Sec. 2. Delegation of functions. (a) [Revoked by Ex. Ord. No.
    12163, Sept. 29, 1979, 44 F.R. 56673.]
      (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.
      Sec. 3. Allocation and transfer of funds. Funds made available
    under section 232 of the Act (repealed by section 105 of the
    Foreign Assistance Act of 1969) [section 2192 of this title] which
    are obligated but unexpended are hereby transferred to the
    Corporation.
      Sec. 4. General provisions. (a) As used in this order, the words
    "function" or "functions" include any duty, obligation, power,
    authority, responsibility, right, privilege, discretion, or
    activity.
      (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.

-End-



-CITE-
    22 USC Sec. 2191a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2191a. Additional requirements

-STATUTE-
    (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
      section 2467(4) of title 19, to workers in that country
      (including any designated zone in that country). The Corporation
      shall also include the following language, in substantially the
      following form, in all contracts which the Corporation enters
      into with eligible investors to provide financial support under
      this subpart:
          "The investor agrees not to take actions to prevent employees
        of the foreign enterprise from lawfully exercising their right
        of association and their right to organize and bargain
        collectively. The investor further agrees to observe applicable
        laws relating to a minimum age for employment of children,
        acceptable conditions of work with respect to minimum wages,
        hours of work, and occupational health and safety, and not to
        use forced labor. The investor is not responsible under this
        paragraph for the actions of a foreign government."
      (2) Use of annual reports on workers rights
        The Corporation shall, in making its determinations under
      paragraph (1), use the reports submitted to the Congress pursuant
      to section 2464 of title 19. The restriction set forth in
      paragraph (1) shall not apply until the first such report is
      submitted to the Congress.
      (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 section 2467(4) of title 19.
    (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 section 2191 of this title and this section or
    whether any investment in a particular country should have been or
    should be extended insurance, reinsurance, guarantees, or financing
    under this subpart.
      (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 231A, as added Pub. L. 99-204, Sec.
    5(a), Dec. 23, 1985, 99 Stat. 1670; amended Pub. L. 100-418, title
    II, Sec. 2203(c), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 102-549,
    title I, Sec. 102(a), Oct. 28, 1992, 106 Stat. 3651; Pub. L. 104-
    188, title I, Sec. 1954(b)(3), Aug. 20, 1996, 110 Stat. 1928; Pub.
    L. 106-158, Sec. 3(a), Dec. 9, 1999, 113 Stat. 1745.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b). Pub. L. 106-158, Sec. 3(a)(2) added subsec.
    (b). Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 106-158, Sec. 3(a)(1), (3), redesignated
    subsec. (b) as (c), designated existing provisions as par. (1), and
    added par. (2).
      1996 - Subsec. (a)(1). Pub. L. 104-188, Sec. 1954(b)(3)(A),
    substituted "2467(4)" for "2462(a)(4)".
      Subsec. (a)(2). Pub. L. 104-188, Sec. 1954(b)(3)(B), substituted
    "2464" for "2465(c)".
      Subsec. (a)(4). Pub. L. 104-188, Sec. 1954(b)(3)(C), substituted
    "2467(4)" for "2462(a)(4)".
      1992 - Subsec. (a)(1). Pub. L. 102-549 inserted at end provisions
    requiring Corporation to include certain language about employee
    rights in all contracts with eligible investors.
      1988 - Subsec. (a)(4). Pub. L. 100-418 added par. (4).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-158, Sec. 3(b), Dec. 9, 1999, 113 Stat. 1746,
    provided that: "The amendments made by subsection (a) [amending
    this section] shall take effect 90 days after the date of the
    enactment of this Act [Dec. 9, 1999]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-188 applicable to articles entered on or
    after Oct. 1, 1996, with provisions relating to retroactive
    application, see section 1953 of Pub. L. 104-188, set out as an
    Effective Date note under section 2461 of Title 19, Customs Duties.

                              EFFECTIVE DATE                          
      Section 5(b) of Pub. L. 99-204 provided that: "Subsection (a) of
    section 231A [subsec. (a) of this section], as added by subsection
    (a) of this section, shall not apply to projects insured,
    reinsured, guaranteed, or financed before the date of the enactment
    of this Act [Dec. 23, 1985]."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2192                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2192. Capital of the Corporation

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 232, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 810.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Mutual Security Act of 1954, referred to in text, is act Aug.
    26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955,
    ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2 to 11, 70
    Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,
    1958, Pub. L. 85-477, ch. 1, Secs. 101 to 103, ch. II, Secs. 201 to
    205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat.
    261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch.
    II, Secs. 201 to 205(a) to (i), (k) to (n), ch. III, Sec. 301, ch.
    IV, Sec. 401(a) to (k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-
    472, ch. I to V, 74 Stat. 134, which was principally classified to
    chapter 24 (Sec. 1750 et seq.) of this title and which was repealed
    by act July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-
    141, Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub.
    L. 86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73
    Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14,
    1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept.
    4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),
    June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228,
    Apr. 4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796,
    1853, 1928, and 1937 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1754 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      A prior section 232 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75
    Stat. 432 as amended by Pub. L. 87-565, pt. I, Sec. 105, Aug. 1,
    1962, 76 Stat. 257; Pub. L. 88-633, pt. I, Sec. 104, Oct. 7, 1964,
    78 Stat. 1010; Pub. L. 90-137, pt. I, Sec. 105, Nov. 14, 1967, 81
    Stat. 451, authorized appropriations for surveys of investment
    opportunities, prior to the general reorganization of this subpart
    by Pub. L. 91-175, pt. I, Sec. 105, Dec. 30, 1969, 83 Stat. 807.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2193                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2193. Organization and management

-STATUTE-
    (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 section 5108 of title 5.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 233, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 810; amended Pub. L. 97-65, Sec.
    3(a), (b), Oct. 16, 1981, 95 Stat. 1021, 1022; Pub. L. 106-158,
    Sec. 4, Dec. 9, 1999, 113 Stat. 1746; Pub. L. 106-200, title I,
    Sec. 123(c)(1), May 18, 2000, 114 Stat. 269; Pub. L. 108-158, Sec.
    3(e), Dec. 3, 2003, 117 Stat. 1950.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level IV of the Executive Schedule, referred to in subsec. (b),
    is set out in section 5315 of Title 5, Government Organization and
    Employees.
      The civil service laws, referred to in subsec. (d), are set out
    in Title 5. See, particularly, section 3301 et seq. of Title 5.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 233 of Pub. L. 87-195, pt. I, Sept. 4, 1961, 75
    Stat. 432, contained definitions, prior to the general
    reorganization of this subpart by Pub. L. 91-175, pt. I, Sec. 105,
    Dec. 30, 1969, 83 Stat. 807.

                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-158, in second par., substituted
    "principal officers" for "officials" and "one such officer" for "an
    official" and inserted "whose duties relate to the programs of the
    Corporation" after "Government of the United States".
      2000 - Subsec. (e). Pub. L. 106-200 added subsec. (e).
      1999 - Subsec. (b). Pub. L. 106-158, Sec. 4(1), (2), in first
    par., struck out after first sentence "The Administrator of the
    Agency for International Development shall be the Chairman of the
    Board, ex officio. The United States Trade Representative shall be
    the Vice Chairman of the Board, ex officio, except that the United
    States Trade Representative may designate the Deputy United States
    Trade Representative to serve as Vice Chairman of the Board in
    place of the United States Trade Representative." and struck out
    "(other than the President of the Corporation, appointed pursuant
    to subsection (c) of this section who shall serve as a Director, ex
    officio)" after "Eight Directors".
      Pub. L. 106-158, Sec. 4(3), in second par., inserted "the
    President of the Corporation, the Administrator of the Agency for
    International Development, the United States Trade Representative,
    and" after "United States, including" and inserted at end "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."
      Pub. L. 106-158, Sec. 4(4), inserted after second par. "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."
      1981 - Subsec. (b). Pub. L. 97-65 expanded to 15 the number of
    Directors on the Board, raised to 8 the number required to
    constitute a quorum and made other technical changes in connection
    with the increased size of the Board, inserted provision directing
    that the United States Trade Representative be the Vice Chairman of
    the Board, ex officio, but authorizing the United States Trade
    Representative to designate the Deputy United States Trade
    Representative to serve as Vice Chairman of the Board in place of
    the United States Trade Representative, provided that the President
    of the Corporation serve as a Director, ex officio, and inserted
    provision that an official of the Department of Labor be added to
    the Board as a Director.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 3(c) of Pub. L. 97-65 provided that: "The amendments made
    by this section [amending this section] shall take effect on
    October 1, 1981."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
       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, Sec. 4, 44
    F.R. 69274, 93 Stat. 1381, eff. Jan. 2, 1980, as provided in
    section 1-107(a) of Ex. Ord. No. 12188, 45 F.R. 993, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    22 USC Sec. 2194                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2194. Investment insurance and other programs

-STATUTE-
      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 section 2394-
    1 of this title.
    (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 section
    1306 of title 31, such foreign currencies which the Secretary of
    the Treasury may determine to be excess to the normal requirements
    of the United States and the Director of the Office of Management
    and Budget may allocate) to firms privately owned or of mixed
    private and public ownership upon such terms and conditions as the
    Corporation may determine. Loans may be made under this subsection
    only for projects that are sponsored by or significantly involve
    United States small business or cooperatives.
      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 section 2392(a) of this title or from other
    sources, public or private. Administrative funds may not be made
    available for incentives, grants, and studies for renewable energy
    and other small business activities.
    (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 section 2191 of this title and shall
    be on equitable terms.
      (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 section 2702 of title 19 and in
      marine transportation projects in countries and areas eligible
      for OPIC support worldwide using United States commercial
      maritime expertise.
      (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 [2 U.S.C. 661 et seq.]. Income
      and proceeds of investments made pursuant to this subsection may
      be used to purchase equity or quasi-equity securities in
      accordance with the provisions of this section: Provided,
      however, That such purchases shall not be limited to the 4-year
      period of the pilot program: Provided further, That the
      limitations contained in paragraph (2) shall not apply to such
      purchases.
      (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 234, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 811; amended 1970 Reorg. Plan No.
    2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub.
    L. 93-390, Sec. 2(2), Aug. 27, 1974, 88 Stat. 764; Pub. L. 95-268,
    Sec. 3, Apr. 24, 1978, 92 Stat. 214; Pub. L. 97-65, Sec. 4, Oct.
    16, 1981, 95 Stat. 1022; Pub. L. 99-204, Secs. 6(a), 7, 8, Dec. 23,
    1985, 99 Stat. 1671, 1672; Pub. L. 100-461, title V, Sec. 555, Oct.
    1, 1988, 102 Stat. 2268-36; Pub. L. 101-218, Sec. 8(c), Dec. 11,
    1989, 103 Stat. 1868; Pub. L. 102-549, title I, Sec. 103, Oct. 28,
    1992, 106 Stat. 3651; Pub. L. 106-31, title VI, Sec. 6001, May 21,
    1999, 113 Stat. 112; Pub. L. 108-158, Secs. 4(a), 5(a), Dec. 3,
    2003, 117 Stat. 1950.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2195(a) of this title, referred to in subsecs. (a)(3),
    (b), and (f), was amended by Pub. L. 105-118, title V, Sec. 581,
    Nov. 26, 1997, 111 Stat. 2435, and, as so amended, provisions
    formerly appearing in pars. (1) and (2) of subsec. (a) are now
    contained in par. (1).
      The Federal Credit Reform Act of 1990, referred to in subsec.
    (g)(5), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,
    title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which
    is classified generally to subchapter III (Sec. 661 et seq.) of
    chapter 17A of Title 2, The Congress. For complete classification
    of this Act to the Code, see Short Title note set out under section
    621 of Title 2 and Tables.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on sections 103 and 104 of
    title I of H.R. 5263, One Hundredth Congress, as passed by the
    House of Representatives on Sept. 20, 1988, and sections 103 and
    104 of title I of S. 2757, One Hundredth Congress, as reported
    Sept. 7, 1988, and enacted into law by Pub. L. 100-461.
      In subsec. (c), "section 1306 of title 31" substituted for
    "section 1415 of the Supplemental Appropriation Act, 1953, [31
    U.S.C. 724]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
    1982, 96 Stat. 1067, the first section of which enacted Title 31,
    Money and Finance.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1)(B). Pub. L. 108-158, Sec. 4(a), inserted
    "or any political subdivision thereof" after "government".
      Subsec. (h). Pub. L. 108-158, Sec. 5(a), added subsec. (h).
      1999 - Subsec. (g). Pub. L. 106-31, Sec. 6000(1), struck out
    heading and text of par. designated as (c). Text read as follows:
    "The Corporation is authorized to establish a revolving fund to be
    available solely for the purposes specified in this subsection and
    to make transfers to the fund of a total of $10,000,000 (less
    amounts transferred to the fund before October 28, 1992) from its
    noncredit account revolving fund. The Corporation shall transfer to
    the fund in each fiscal year all amounts received by the
    Corporation during the preceding fiscal year as income on
    securities acquired under this subsection, and from the proceeds on
    the disposition of such securities. Purchases of, investments in,
    and other acquisitions of equity from the fund are authorized for
    any fiscal year only to the extent or in such amounts as are
    provided in advance in appropriations Acts or are transferred to
    the Corporation pursuant to section 2392(a) of this title."
      Subsec. (g)(2). Pub. L. 106-31, Sec. 6001(2), in heading,
    substituted "Equity authority limited to projects in sub-Saharan
    Africa and Caribbean basin and marine transportation projects
    globally" for "Limitation to projects in sub-Saharan Africa and
    Caribbean basin", and, in text, inserted "and in marine
    transportation projects in countries and areas eligible for OPIC
    support worldwide using United States commercial maritime
    expertise" after "section 2702 of title 19".
      Subsec. (g)(5). Pub. L. 106-31, Sec. 6001(3), added par. (5).
      1992 - Subsec. (g)(5). Pub. L. 102-549 amended par. (5)
    generally, substituting designation "(c)" for "(5)". Prior to
    amendment, par. (5) read as follows: "Creation of fund from
    corporate revenues. - The Corporation is authorized to establish a
    fund to be available solely for the purposes specified in this
    subsection and to make a one-time transfer to the fund of
    $10,000,000 from its income and revenues."
      1989 - Subsec. (e). Pub. L. 101-218 inserted "and including the
    initiation of incentives, grants, and studies for renewable energy
    and other small business activities" after "cooperatives" and
    inserted at end "Administrative funds may not be made available for
    incentives, grants, and studies for renewable energy and other
    small business activities."
      1988 - Subsec. (c). Pub. L. 100-461, at end of first undesignated
    par., struck out "The Corporation may not purchase or invest in any
    stock in any other corporation, except that it may (1) accept as
    evidence of indebtedness debt securities convertible to stock, but
    such debt securities shall not be converted to stock while held by
    the Corporation, and (2) acquire stock through the enforcement of
    any lien or pledge or otherwise to satisfy a previously contracted
    indebtedness which would otherwise be in default, or as the result
    of any payment under any contract of insurance or guaranty. The
    Corporation shall dispose of any stock it may so acquire as soon as
    reasonably feasible under the circumstances then pertaining." and
    added second undesignated par. relating to designation of up to 25
    percent of loan for use in development or adaptation of new
    technologies or new products or services.
      Subsec. (f). Pub. L. 100-461, which directed that first sentence
    of last par. be struck out, was executed as probable intent of
    Congress by striking out first sentence of concluding provisions,
    before "The amount of reinsurance", which read as follows: "The
    authority granted by paragraph (3) may be exercised notwithstanding
    the prohibition under subsection (c) of this section against the
    Corporation purchasing or investing in any stock in any other
    corporation."
      Subsec. (g). Pub. L. 100-461 added subsec. (g).
      1985 - Subsec. (a)(1)(D). Pub. L. 99-204, Sec. 6(a)(1), added
    subpar. (D).
      Subsec. (a)(4). Pub. L. 99-204, Sec. 6(a)(2), substituted
    "insurance for the first time for loss due to business
    interruption" for "civil strife insurance for the first time" and
    "definition of 'civil strife' or 'business interruption' " for
    "definition of civil strife" and inserted provision that 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 be submitted and provision that any report with
    respect to insurance for loss due to business interruption be
    considered in accordance with procedures applicable to
    reprogramming notifications pursuant to section 2394-1 of this
    title.
      Subsec. (b). Pub. L. 99-204, Sec. 7, substituted "15" for "10".
      Subsec. (f)(2). Pub. L. 99-204, Sec. 8, struck out "other
    national or" after "arrangements with".
      1981 - Subsec. (a)(1)(C). Pub. L. 97-65, Sec. 4(a)(1), inserted
    reference to civil strife.
      Subsec. (a)(2). Pub. L. 97-65, Sec. 4(a)(2), substituted
    "eligible investors in the project" for "eligible investors in the
    total project financing".
      Subsec. (a)(3). Pub. L. 97-65, Sec. 4(a)(3), substituted "which
    the Corporation is permitted to have outstanding under section
    2195(a)(1) of this title" for "which the Corporation is authorized
    to issue under this subsection".
      Subsec. (a)(4). Pub. L. 97-65, Sec. 4(a)(4), added par. (4).
      Subsec. (b). Pub. L. 97-65, Sec. 4(b)(1), substituted "which the
    Corporation is permitted to have outstanding under section
    2195(a)(2) of this title" for "which the Corporation is authorized
    to issue under this subsection".
      Subsec. (f)(1). Pub. L. 97-65, Sec. 4(b)(2), struck out
    provisions under which the Corporation was prohibited from making
    or carrying out any association or risk-sharing agreement for the
    direct underwriting of insurance by the Corporation with others,
    other than on an individual basis where such direct underwriting
    facilitated the purposes of the Corporation as set forth in section
    2191 of this title.
      Subsec. (f)(4). Pub. L. 97-65, Sec. 4(b)(3), struck out
    provisions which had placed a $600,000,000 limit in any one year on
    the amount of reinsurance which the Corporation may issue and which
    had directed the Corporation to endeavor to increase to the maximum
    extent possible the specified portions of liability, whether first
    loss or otherwise, which a reinsured party must retain for his own
    account.
      1978 - Subsec. (a)(2). Pub. L. 95-268, Sec. 3(1), struck out
    provisions relating to limitations on maximum share of liabilities
    assumed under par. (1) of this subsection.
      Subsec. (a)(3). Pub. L. 95-268, Sec. 3(2), substituted "maximum
    contingent liability" for "total face amount".
      Subsec. (a)(4) to (7). Pub. L. 95-268, Sec. 3(3), struck out
    pars. (4) to (7) which set forth requirements for participation by
    private insurance companies, multilateral organizations, or others
    in insurance programs, and limitations respecting participation by
    the Corporation as insurer under contracts of insurance.
      Subsec. (b). Pub. L. 95-268, Sec. 3(2), substituted "maximum
    contingent liability" for "total face amount".
      Subsec. (c). Pub. L. 95-268, Sec. 3(4), (5), inserted provisions
    setting forth requirements respecting United States small
    businesses or cooperatives, and substituted provisions relating to
    aggregate amount of loans for mining or other extraction of ores or
    other nonfuel minerals, for provisions prohibiting loans for mining
    or other extraction of ores or other minerals.
      Subsec. (d). Pub. L. 95-268, Sec. 3(6), substituted provisions
    setting forth exception for financing surveys relating to oil and
    gas and limitation on amount of expenditures for surveys relating
    to nonfuel minerals, for provisions setting forth proviso relating
    to surveys for mining of any deposit of ore, oil, gas, or other
    mineral.
      Subsec. (f)(1). Pub. L. 95-268, Sec. 3(7), inserted provisions
    setting forth exceptions for agreements and contracts.
      1974 - Subsec. (a)(2). Pub. L. 93-390, Sec. 2(2)(B), inserted
    "and institutions" after "multilateral organizations" and
    provisions relating to the maximum share of liabilities assumed
    under par. (1)(A) to (C) of this subsection.
      Subsec. (a)(4) to (7). Pub. L. 93-390, Sec. 2(2)(C), added pars.
    (4) to (7).
      Subsec. (f). Pub. L. 93-390, Sec. 2(2)(D), added subsec. (f).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-31, title VI, Sec. 6001, May 21, 1999, 113 Stat. 112,
    provided that the amendment made by section 6001 is effective Oct.
    1, 1999.


-TRANS-
                           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, 84 Stat. 2085, set out in
    the Appendix to Title 5, Government Organization and Employees.
    Section 102 of 1970 Reorg. Plan No. 2 redesignated Bureau of the
    Budget as Office of Management and Budget. For delegation of
    functions of President under this section, see Ex. Ord. No. 12163,
    Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under
    section 2381 of this title.


-MISC3-
       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 Pub. L. 100-461 provided in part: "That purchases,
    investments or other acquisitions of equity by the fund created by
    section 104 of H.R. 5263 as hereby enacted [22 U.S.C. 2194(g)(5)]
    are limited to such amounts as may be provided in advance in
    appropriations Acts", and further provided "That purchases,
    investments or other acquisitions of equity by the fund created by
    section 104 of S. 2757 as hereby enacted [22 U.S.C. 2194(g)(5)] are
    limited to such amounts as may be provided in advance in
    appropriations Acts".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2194a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2194a. Contract authority of Corporation; specific
      authorization in appropriation Acts required

-STATUTE-
      The authority of the Overseas Private Investment Corporation to
    enter into contracts under section 2194(a) of this title shall be
    effective for any fiscal year beginning after September 30, 1981,
    only to such extent or in such amounts as are provided in
    appropriation Acts.

-SOURCE-
    (Pub. L. 97-65, Sec. 5(b)(2), Oct. 16, 1981, 95 Stat. 1023.)

-COD-
                               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.

-End-



-CITE-
    22 USC Sec. 2194b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2194b. Enhancing private political risk insurance industry

-STATUTE-
    (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 section 2197(e) of this title, upon the
      expiration of insurance provided by the Corporation for an
      investment, enter into risk-sharing agreements with United States
      private political risk insurers to insure any such investment;
      except that, in cooperating in the offering of insurance under
      this paragraph, the Corporation shall not assume responsibility
      for more than 50 percent of the insurance being offered in each
      separate transaction.
    (b) Advisory group
      (1) Establishment and membership
        The Corporation shall establish a group to advise the
      Corporation on the development and implementation of the
      cooperative programs under this section. The group shall be
      appointed by the Board and shall be composed of up to 12 members,
      including the following:
          (A) Up to seven persons from the private political risk
        insurance industry, of whom no fewer than two shall represent
        private political risk insurers, one shall represent private
        political risk reinsurers, and one shall represent insurance or
        reinsurance brokerage firms.
          (B) Up to four persons, other than persons described in
        subparagraph (A), who are purchasers of political risk
        insurance.
      (2) Functions
        The Corporation shall call upon members of the advisory group,
      either collectively or individually, to advise it regarding the
      capability of the private political risk insurance industry to
      meet the political risk insurance needs of United States
      investors, and regarding the development of cooperative programs
      to enhance such capability.
      (3) Meetings
        The advisory group shall meet not later than September 30,
      1989, and at least annually thereafter. The Corporation may from
      time to time convene meetings of selected members of the advisory
      group to address particular questions requiring their specialized
      knowledge.
      (4) Federal Advisory Committee Act
        The advisory group shall not be subject to the Federal Advisory
      Committee Act (5 U.S.C. App.).

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 234A, as added Pub. L. 99-204, Sec.
    9(a), Dec. 23, 1985, 99 Stat. 1672; amended Pub. L. 100-461, title
    V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec.
    (b)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on section 105(a) of title
    I of H.R. 5263, One Hundredth Congress, as passed by the House of
    Representatives on Sept. 20, 1988, and section 105(a) of title I of
    S. 2757, One Hundredth Congress, as reported Sept. 7, 1988, and
    enacted into law by Pub. L. 100-461.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-461 amended section generally, substituting
    provisions relating to enhancing private political risk insurance
    industry for provisions which related to facultative reinsurance
    program.

-End-



-CITE-
    22 USC Sec. 2195                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2195. Issuing authority, direct investment authority and
      reserves

-STATUTE-
    (a) Issuing authority
      (1) Insurance and financing
        (A) The maximum contingent liability outstanding at any one
      time pursuant to insurance issued under section 2194(a) of this
      title, and the amount of financing issued under sections (!1)
      2194(b) and (c) of this title, shall not exceed in the aggregate
      $29,000,000,000.

        (B) Subject to spending authority provided in appropriations
      Acts pursuant to section 661c(b) of title 2, the Corporation is
      authorized to transfer such sums as are necessary from its
      noncredit activities to pay for the subsidy and administrative
      costs of the investment guaranties and direct loan programs under
      subsections (b) and (c) of section 2194 of this title.
      (2) Termination of authority
        The authority of subsections (a), (b), and (c) of section 2194
      of this title shall continue until September 30, 2007.
    (b) Repealed. Pub. L. 102-549, title I, Sec. 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 section 2183(b)
    of this title and the amount made available to the Corporation
    pursuant to subsection (e) of this section; and (2) such sums as
    shall be appropriated pursuant to subsection (f) of this section
    for such purpose. Additional amounts may thereafter be transferred
    to such fund pursuant to section 2196 of this title.
    (d) Priority of funds used to discharge liabilities
      Any payments made to discharge liabilities under investment
    insurance or reinsurance issued under section 2194 of this title,
    under similar predecessor guaranty authority, or under section
    2194b of this title shall be paid first out of the noncredit
    account revolving fund, as long as such fund remains available, and
    thereafter out of funds made available pursuant to subsection (f)
    of this section. Any payments made to discharge liabilities under
    guaranties issued under section 2194(b) of this title or 2194(c) of
    this title shall be paid in accordance with the Federal Credit
    Reform Act of 1990 [2 U.S.C. 661 et seq.].
    (e) Reserves from predecessor guaranty authority
      There is hereby authorized to be transferred to the Corporation
    at its call, for the purposes specified in section 2196 of this
    title, all fees and other revenues collected under predecessor
    guaranty authority from December 31, 1968, available as of the date
    of such transfer.
    (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 section 2197(c) of this
    title. In order to discharge liabilities under investment insurance
    or reinsurance, the Corporation is authorized to issue from time to
    time for purchase by the Secretary of the Treasury its notes,
    debentures, bonds, or other obligations; but the aggregate amount
    of such obligations outstanding at any one time shall not exceed
    $100,000,000. Any such obligation shall be repaid to the Treasury
    within one year after the date of issue of such obligation. Any
    such obligation shall bear interest at a rate determined by the
    Secretary of the Treasury, taking into consideration the current
    average market yield on outstanding marketable obligations of the
    United States of comparable maturities during the month preceding
    the issuance of any obligation authorized by this subsection. The
    Secretary of the Treasury shall purchase any obligation of the
    Corporation issued under this subsection, and for such purchase he
    may use as a public debt transaction the proceeds of the sale of
    any securities issued under chapter 31 of title 31 after August 27,
    1974. The purpose for which securities may be issued under such
    chapter shall include any such purchase.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 235, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 813; amended Pub. L. 93-189, Sec.
    6(1), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93-390, Sec. 2(3), Aug.
    27, 1974, 88 Stat. 766; Pub. L. 95-268, Sec. 4, Apr. 24, 1978, 92
    Stat. 214; Pub. L. 97-65, Sec. 5(a), (b)(1), (c), Oct. 16, 1981, 95
    Stat. 1022, 1023; Pub. L. 99-204, Secs. 9(b)(1), 10, 17(b), Dec.
    23, 1985, 99 Stat. 1673, 1676; Pub. L. 100-418, title II, Sec.
    2203(b), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 100-461, title V,
    Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 102-549, title
    I, Sec. 104, Oct. 28, 1992, 106 Stat. 3652; Pub. L. 103-392, title
    I, Secs. 101-104, Oct. 22, 1994, 108 Stat. 4098; Pub. L. 104-208,
    div. A, title I, Sec. 101(c) [title I], Sept. 30, 1996, 110 Stat.
    3009-121, 3009-123; Pub. L. 105-118, title V, Sec. 581, Nov. 26,
    1997, 111 Stat. 2435; Pub. L. 106-113, div. B, Sec. 1000(a)(2)
    [title V, Sec. 599E], Nov. 29, 1999, 113 Stat. 1535, 1501A-132;
    Pub. L. 106-158, Sec. 2, Dec. 9, 1999, 113 Stat. 1745; Pub. L. 108-
    158, Secs. 2, 3(a)-(d), Dec. 3, 2003, 117 Stat. 1949.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Credit Reform Act of 1990, referred to in subsec.
    (d), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,
    title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, as
    amended, which is classified generally to subchapter III (Sec. 661
    et seq.) of chapter 17A of Title 2, The Congress. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 621 of Title 2 and Tables.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on sections 106 and 107 of
    title I of H.R. 5263, One Hundredth Congress, as passed by the
    House of Representatives on Sept. 20, 1988, and sections 106 and
    107 of title I of S. 2757, One Hundredth Congress, as reported
    Sept. 7, 1988, and enacted into law by Pub. L. 100-461.
      In subsec. (f), "chapter 31 of title 31" and "such chapter"
    substituted for "the Second Liberty Bond Act" and "such Bond Act",
    respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
    1982, 96 Stat. 1067, the first section of which enacted Title 31,
    Money and Finance.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1)(B). Pub. L. 108-158, Sec. 3(a), substituted
    "subsidy and administrative costs" for "subsidy cost".
      Subsec. (a)(2). Pub. L. 108-158, Sec. 2, substituted "2007" for
    "November 1, 2000".
      Subsec. (c). Pub. L. 108-158, Sec. 3(b), substituted "a noncredit
    account revolving fund, which" for "an insurance and guaranty fund,
    which shall have separate accounts to be known as the Insurance
    Reserve and the Guaranty Reserve, which reserves" and "of the fund
    has" for "such reserves have" in first sentence, struck out third
    sentence which read: "The allocation of such funds to each such
    reserve shall be determined by the Board after consultation with
    the Secretary of the Treasury.", and substituted "fund" for
    "reserves" in last sentence.
      Subsec. (d). Pub. L. 108-158, Sec. 3(c), in first sentence,
    substituted "noncredit account revolving fund, as long as such
    fund" for "Insurance Reserve, as long as such reserve" and, in
    second sentence, substituted "or 2194(c) of this title shall be
    paid in accordance with the Federal Credit Reform Act of 1990" for
    "or under similar predecessor guaranty authority shall be paid
    first out of the Guaranty Reserve as long as such reserve remains
    available, and thereafter out of funds made available pursuant to
    subsection (f) of this section".
      Subsec. (f). Pub. L. 108-158, Sec. 3(d), substituted "noncredit
    account revolving fund" for "insurance and guaranty fund" in first
    sentence and for "Insurance Reserve" wherever appearing.
      1999 - Subsec. (a)(2). Pub. L. 106-158, which directed the
    amendment of par. (2) by substituting "2003" for "1999" could not
    be executed because "1999" did not appear in text subsequent to
    amendment by Pub. L. 106-113. See below.
      Pub. L. 106-113 substituted "November 1, 2000" for "1999".
      1997 - Subsec. (a). Pub. L. 105-118 added heading and text of
    par. (1)(A), redesignated par. (2)(B) as subpar. (B) of par. (1),
    redesignated par. (3) as (2) and substituted "subsections (a), (b),
    and (c) of section 2194 of this title" for "subsections (a) and (b)
    of section 2194 of this title" and "September 30, 1999" for
    "September 30, 1997", and struck out former pars. (1) and (2)(A)
    which read as follows:
      "(1) Insurance. - The maximum contingent liability outstanding at
    any one time pursuant to insurance issued under section 2194(a) of
    this title shall not exceed in the aggregate $13,500,000,000.
      "(2) Financing. - (A) The maximum contingent liability
    outstanding at any one time pursuant to financing issued under
    subsections (b) and (c) of section 2194 of this title shall not
    exceed in the aggregate $9,500,000,000."
      1996 - Subsec. (a)(3). Pub. L. 104-208 substituted "1997" for
    "1996".
      1994 - Subsec. (a)(1). Pub. L. 103-392, Sec. 101, substituted
    "$13,500,000,000" for "$9,000,000,000".
      Subsec. (a)(2). Pub. L. 103-392, Sec. 102, amended heading and
    text of par. (2). Prior to amendment, text read as follows:
      "(A) The maximum contingent liability outstanding at any one time
    pursuant to guarantees issued under section 2194(b) of this title
    shall not exceed in the aggregate $2,500,000,000.
      "(B) Subject to spending authority provided in appropriations
    Acts, pursuant to section 661c(b) of title 2, the Corporation is
    authorized - 
        "(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 section 2194 of this title of
      $650,000,000 for fiscal year 1993; and
        "(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 section 2194 of this title of $850,000,000 for
      fiscal year 1994."
      Subsec. (a)(3). Pub. L. 103-392, Sec. 103, substituted "1996" for
    "1994".
      Subsec. (g). Pub. L. 103-392, Sec. 104, struck out heading and
    text of subsec. (g). Text read as follows: "Subject to spending
    authority provided in appropriations Acts, the Corporation is
    authorized to draw from its noncredit account revolving fund for
    the administrative costs of its direct loan and loan guarantee
    programs - 
        "(1) $8,128,000 for fiscal year 1993; and
        "(2) $11,000,000 for fiscal year 1994."
      1992 - Pub. L. 102-549, Sec. 104(a)(1), amended section
    catchline.
      Subsec. (a). Pub. L. 102-549, Sec. 104(a)(2), amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows:
      "(1) The maximum contingent liability outstanding at any one time
    pursuant to insurance issued under section 2194(a) of this title
    shall not exceed $7,500,000,000.
      "(2) The maximum contingent liability outstanding at any one time
    pursuant to guaranties issued under section 2194(b) of this title
    shall not exceed in the aggregate $1,500,000,000. Commitments to
    guarantee loans are authorized for any fiscal year only to such
    extent or in such amounts as are provided in appropriation Acts.
      "(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 section 2194(b)
    of this title or similar predecessor guaranty authority.
      "(4) The Congress, in considering the budget programs transmitted
    by the President for the Corporation, pursuant to section 9104 of
    title 31, may limit the obligations and contingent liabilities to
    be undertaken under section 2194(a) and (b) of this title as well
    as the use of funds for operating and administrative expenses.
      "(5) Subject to paragraphs (2), (3), and (4), the Corporation
    shall issue guaranties under section 2194(b) of this title having
    an aggregate contingent liability with respect to principal of not
    less than $200,000,000 in each fiscal year, to the extent that
    there are eligible projects which meet the Corporation's criteria
    for such guaranties.
      "(6) The authority of section 2194(a) and (b) of this title shall
    continue until September 30, 1992."
      Subsec. (b). Pub. L. 102-549, Sec. 104(a)(3), struck out subsec.
    (b) which provided for establishment of a revolving fund, known as
    the Direct Investment Fund, to be held by the Corporation.
      Subsec. (g). Pub. L. 102-549, Sec. 104(b), added subsec. (g).
      1988 - Subsec. (a)(2). Pub. L. 100-461 substituted
    "$1,500,000,000" for "$1,000,000,000".
      Pub. L. 100-418, Sec. 2203(b)(1)(A), substituted "$1,000,000,000"
    for "$750,000,000".
      Subsec. (a)(5). Pub. L. 100-418, Sec. 2203(b)(1)(C), added par.
    (5). Former par. (5) redesignated (6).
      Subsec. (a)(6). Pub. L. 100-461 substituted "1992" for "1988".
      Pub. L. 100-418, Sec. 2203(b)(1)(B), redesignated par. (5) as
    (6).
      Subsec. (b). Pub. L. 100-418, Sec. 2203(b)(2), in cl. (2),
    substituted "1981." for "1981,", and in closing provisions
    substituted "The Corporation shall make loans under section 2194(c)
    of this title in an aggregate amount of not less than $25,000,000
    in each fiscal year, to the extent that there are eligible projects
    which meet the Corporation's criteria for such loans" for "and the
    Corporation shall use the funds so transferred to make loans under
    section 2194(c) of this title to the extent that there are eligible
    projects which meet the Corporation's criteria for funding".
      1985 - Subsec. (a)(5). Pub. L. 99-204, Sec. 10, substituted
    "1988" for "1985".
      Subsec. (c). Pub. L. 99-204, Sec. 17(b)(1), substituted
    references to subsecs. (d), (e), and (f) of this section for
    references to sections 2195(d), 2194(e), and 2195(f), respectively,
    of this title.
      Subsec. (d). Pub. L. 99-204, Sec. 9(b)(1), substituted ", under
    similar predecessor guaranty authority, or under section 2194b of
    this title" for "or under similar predecessor guaranty authority".
      Pub. L. 99-204, Sec. 17(b)(2), substituted reference to subsec.
    (f) of this section for reference to section 2195(f) of this title
    wherever appearing.
      1981 - Subsec. (a)(2). Pub. L. 97-65, Sec. 5(a)(1), substituted
    provisions that commitments to guarantee loans are authorized for
    any fiscal year only to such extent or in such amounts as are
    provided in appropriation Acts for provisions that the Corporation
    not make any commitment to issue any guaranty which would result in
    a fractional reserve less than 25 per centum of the maximum
    contingent liability then outstanding against guaranties issued or
    commitments made pursuant to section 2194(b) of this title or
    similar predecessor guaranty authority. See par. (3).
      Subsec. (a)(3). Pub. L. 97-65, Sec. 5(a)(2), added par. (3) which
    consisted of provisions formerly contained in par. (2). Former par.
    (3) redesignated (4).
      Subsec. (a)(4). Pub. L. 97-65, Sec. 5(a)(2)(A), redesignated par.
    (3) as (4). Former par. (4) redesignated (5).
      Subsec. (a)(5). Pub. L. 97-65, Sec. 5(a)(2)(A), (b)(1),
    redesignated former par. (4) as (5) and substituted "September 30,
    1985" for "September 30, 1981".
      Subsec. (b). Pub. L. 97-65, Sec. 5(c), inserted provisions
    relating to the transfer to the Fund of certain moneys in fiscal
    year 1982 and in each fiscal year thereafter and the making of
    loans from those moneys under section 2194(c) of this title to the
    extent that there are eligible projects which meet the
    Corporation's criteria for funding.
      1978 - Subsec. (a)(2). Pub. L. 95-268, Sec. 4(1), struck out
    limitation on guaranties by credit unions of not to exceed
    $1,250,000.
      Subsec. (a)(4). Pub. L. 95-268, Sec. 4(2), substituted "September
    30, 1981" for "December 31, 1977".
      1974 - Subsec. (a)(4). Pub. L. 93-390, Sec. 2(3)(A), substituted
    "December 31, 1977" for "December 31, 1974".
      Subsec. (d). Pub. L. 93-390, Sec. 2(3)(B), substituted "insurance
    or reinsurance issued under section 2194 of this title" for
    "insurance issued under section 2194(a) of this title".
      Subsec. (f). Pub. L. 93-390, Sec. 2(3)(C), inserted provisions
    authorizing appropriations to discharge liabilities under
    reinsurance or obligations of the Corporation purchased by the
    Secretary of the Treasury, provisions relating to appropriations to
    augment the Insurance Reserve, and provisions relating to the
    issuance, sale, etc., of notes, debentures, bonds, or other
    obligations by the Corporation for purchase by the Secretary of the
    Treasury.
      1973 - Subsec. (a)(4). Pub. L. 93-189 substituted "December 31,
    1974" for "June 30, 1974".

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-



-CITE-
    22 USC Sec. 2196                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2196. Income and revenues

-STATUTE-
      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
      section 2195 of this title, and such other funds or reserves as
      the Corporation may establish, at such time and in such amounts
      as the Board may determine; and
        (c) payment of dividends, on capital stock, which shall consist
      of and be paid from net earnings of the Corporation after
      payments, transfers, and additions under subsections (a) and (b)
      hereof.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 236, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 814.)

-End-



-CITE-
    22 USC Sec. 2197                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2197. General provisions relating to insurance, guaranty,
      financing, and reinsurance programs

-STATUTE-
    (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 [2 U.S.C. 661 et seq.], including the costs of project-
      related travel and expenses for legal representation provided by
      persons outside the Corporation and other similar expenses which
      are charged to the borrower, shall be paid out of the appropriate
      finance account established pursuant to section 505(b) of such
      Act [2 U.S.C. 661d(b)].
      (3) Noncredit transaction costs
        Fees paid for the project-specific transaction costs and other
      direct costs associated with services provided to specific
      investors or potential investors pursuant to section 2194 of this
      title (other than those covered in paragraph (2)), including
      financing, insurance, reinsurance, missions, seminars,
      conferences, and other preinvestment services, shall be available
      for obligation for the purposes for which they were collected,
      notwithstanding any other provision of law.
    (e) 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 section 2194 or 2194b of this title
    so that risk of loss as to at least 10 per centum of the total
    investment of the insured and its affiliates in the project is
    borne by the insured and such affiliates, except that such
    limitation shall not apply to direct insurance or reinsurance of
    loans by banks or other financial institutions to unrelated
    parties.
    (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 section 2199(g) of this
    title.
      (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 section 2194
    of this title or any change or extension of any such insurance,
    reinsurance, guarantee, loan, equity investment, or activity, by
    renewal, deferment of action or otherwise, or the acceptance,
    release, or substitution of security therefor, shall be fined not
    more than $1,000,000 or imprisoned not more than 30 years, or both.
    (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 section
    2194(a) of this title shall not be considered in determining
    whether the Corporation has made or has outstanding loans or
    investments to the extent of any limitation on obligations and
    equity investment imposed by or pursuant to this subpart. The
    provisions of section 504(b) of the Federal Credit Reform Act of
    1990 [2 U.S.C. 661c(b)] shall not apply to direct loan obligations
    made with funds described in this subsection.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 237, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 814; amended Pub. L. 93-390, Sec.
    2(4), Aug. 27, 1974, 88 Stat. 767; Pub. L. 95-268, Secs. 5, 6, Apr.
    24, 1978, 92 Stat. 215; Pub. L. 97-65, Sec. 6, Oct. 16, 1981, 95
    Stat. 1023; Pub. L. 99-204, Secs. 4(b), 6(b), 9(b)(2), Dec. 23,
    1985, 99 Stat. 1670, 1671, 1673; Pub. L. 100-461, title V, Sec.
    555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 102-549, title I,
    Sec. 105, Oct. 28, 1992, 106 Stat. 3652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 1872(b) and 1933(b) of this title, referred to in
    subsec. (c), were repealed by Pub. L. 87-195, pt. III, Sec.
    642(a)(2), Sept. 4, 1961, 75 Stat. 460. Section 642(b) of Pub. L.
    87-195 provided that references to provisions of law repealed by
    subsec. (a) were to be deemed references to the appropriate
    provisions of Pub. L. 87-195. See sections 2163 and 2351 of this
    title.
      The Foreign Assistance Act of 1969, referred to in subsec. (c),
    is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2151 of this title and Tables. The
    guaranty authorities repealed by the 1969 Act were the guaranty
    authorities contained in sections 2181 to 2184 prior to the general
    reorganization of subpart III by the 1969 Act.
      The Federal Credit Reform Act of 1990, referred to in subsec.
    (d)(2), is title V of Pub. L. 93-344, as added by Pub. L. 101-508,
    title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, which
    is classified generally to subchapter III (Sec. 661 et seq.) of
    chapter 17A of Title 2, The Congress. For complete classification
    of this Act to the Code, see Short Title note set out under section
    621 of Title 2 and Tables.
      This chapter, referred to in subsec. (j), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Foreign Corrupt Practices Act of 1977, referred to in subsec.
    (l), is title I of Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, as
    amended, which enacted sections 78dd-1 to 78dd-3 of Title 15,
    Commerce and Trade, and amended sections 78m and 78ff of Title 15.
    For complete classification of this Act to the Code, see Short
    Title of 1977 Amendment note set out under section 78a of Title 15
    and Tables.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on section 110(c) of title
    I of H.R. 5263, One Hundredth Congress, as passed by the House of
    Representatives on Sept. 20, 1988, and section 110(c) of title I of
    S. 2757, One Hundredth Congress, as reported Sept. 7, 1988, and
    enacted into law by Pub. L. 100-461.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (d). Pub. L. 102-549, Sec. 105(a), amended subsec.
    (d) generally. Prior to amendment, subsec. (d) read as follows:
    "Fees shall be charged for insurance, guaranty, and reinsurance
    coverage in amounts to be determined by the Corporation. In the
    event fees charged for investment insurance, guaranties, or
    reinsurance are reduced, fees to be paid under existing contracts
    for the same type of insurance, guaranties, or reinsurance and for
    similar guaranties issued under predecessor guaranty authority may
    be reduced."
      Subsecs. (n), (o). Pub. L. 102-549, Sec. 105(b), (c), added
    subsecs. (n) and (o).
      1988 - Pub. L. 100-461 inserted reference to financing in section
    catchline.
      1985 - Subsec. (f). Pub. L. 99-204, Sec. 6(b), added cl. (3).
      Pub. L. 99-204, Sec. 9(b)(2), inserted "or 2194b" after "section
    2194".
      Subsec. (m). Pub. L. 99-204, Sec. 4(b), added subsec. (m).
      1981 - Subsec. (f). Pub. L. 97-65 substituted "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,
    and (2) compensation for a claim of loss under insurance of an
    equity investment may be computed on the basis of the net book
    value attributable to such equity investment on the date of loss"
    for "No insurance, reinsurance, or guaranty issued under this
    subpart shall 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 said investment to the extent provided by such
    insurance, reinsurance, or guaranty, except that the Corporation
    may provide for appropriate adjustments in the insured dollar value
    to reflect the replacement cost of project assets", and struck out
    provision that the preceding sentence not apply to the extent not
    permitted by State law.
      1978 - Subsec. (f). Pub. L. 95-268, Sec. 5, inserted provisions
    excepting from dollar amounts adjustments in the insured dollar
    amounts to reflect replacement cost of project assets, and
    provisions excepting from limitations loans by banks or other
    financial institutions to unrelated parties.
      Subsec. (l). Pub. L. 95-268, Sec. 6, added subsec. (l).
      1974 - Subsecs. (a) to (c). Pub. L. 93-390, Sec. 2(4)(A)-(C),
    inserted references to reinsurance wherever appearing.
      Subsec. (d). Pub. L. 93-390, Sec. 2(4)(D), inserted provisions
    authorizing fees to be charged for reinsurance and reduction of
    reinsurance fees under existing contracts in the event fees charged
    for reinsurance are reduced.
      Subsec. (e). Pub. 93-390, Sec. 2(4)(E), inserted reference to
    reinsurance.
      Subsec. (f). Pub. L. 93-390, Sec. 2(4)(F), (G), inserted
    "reinsurance" before "or guaranty" wherever appearing and
    provisions relating to limitations on the amount of direct
    insurance or reinsurance.
      Subsec. (g). Pub. L. 93-390, Sec. 2(4)(H), inserted applicability
    to insurance and reinsurance.
      Subsecs. (h) to (k). Pub. L. 93-390, Sec. 2(4)(I)-(K), inserted
    reference to reinsurance wherever appearing.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2198                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2198. Definitions

-STATUTE-
      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 section 2196 of this title and all
      funds from noncredit activities are held;
        (e) the term "noncredit activities" means all activities of the
      Corporation other than its loan guarantee program under section
      2194(b) of this title and its direct loan program under section
      2194(c) of this title;
        (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 238, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 815; amended Pub. L. 92-226, pt.
    I, Sec. 104(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 97-65, Sec. 7,
    Oct. 16, 1981, 95 Stat. 1024; Pub. L. 99-204, Sec. 17(a), Dec. 23,
    1985, 99 Stat. 1676; Pub. L. 102-549, title I, Sec. 106, Oct. 28,
    1992, 106 Stat. 3653; Pub. L. 108-158, Secs. 4(b), 5(b), Dec. 3,
    2003, 117 Stat. 1950.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1969, referred to in subsec. (f),
    is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended. For
    complete classification of this Act to the Code, see Short Title of
    1969 Amendment note set out under section 2151 of this title and
    Tables. The guaranty authorities repealed by the 1969 Act were the
    guaranty authorities contained in sections 2181 to 2184 prior to
    the general reorganization of subpart III by the 1969 Act.
      Section 1509(b)(3) of this title, referred to in subsec. (f), was
    repealed by act Aug. 26, 1954, ch. 937, title V, Sec. 542(a)(4), 68
    Stat. 861.
      Sections 1872(b) and 1933(b) of this title, referred to in
    subsec. (f), were repealed by Pub. L. 87-195, pt. III, Sec.
    642(a)(2), Sept. 4, 1961, 75 Stat. 460. Section 642(b) of Pub. L.
    87-195 provided that references to provisions of law repealed by
    subsec. (a) were to be deemed references to the appropriate
    provisions of Pub. L. 87-195. See sections 2163 and 2351 of this
    title.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-158, Sec. 4(b), inserted ", a
    political subdivision of a foreign government, or a corporation
    owned or controlled by a foreign government," after "government".
      Subsec. (d). Pub. L. 108-158, Sec. 5(b)(1), struck out "and"
    after semicolon at end.
      Subsec. (g). Pub. L. 108-158, Sec. 5(b)(2), (3), added subsec.
    (g).
      1992 - Subsecs. (c) to (f). Pub. L. 102-549 struck out "and" at
    end of subsec. (c), added subsecs. (d) and (e), and redesignated
    former subsec. (d) as (f).
      1985 - Subsec. (c)(2). Pub. L. 99-204 inserted reference to the
    District of Columbia.
      1981 - Subsec. (a). Pub. L. 97-65 substituted "contribution or
    commitment of funds" for "contribution of funds".
      1972 - Subsec. (c). Pub. L. 92-226 struck out "required by law to
    be" after "share capital," in first proviso.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2199                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2199. General provisions and powers

-STATUTE-
    (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 section
    2194(a), (b), and (d) of this title. Until such transfer, the
    agency heretofore responsible for such predecessor programs shall
    continue to administer such assets and obligations, and such
    programs and activities authorized under this subpart as may be
    determined by the President.
    (c) Audits of the Corporation
      (1) The Corporation shall be subject to the applicable provisions
    of chapter 91 of title 31, except as otherwise provided in this
    subpart.
      (2) An independent certified public accountant shall perform a
    financial and compliance audit of the financial statements of the
    Corporation at least once every three years, in accordance with
    generally accepted Government auditing standards for a financial
    and compliance audit, as issued by the Comptroller General. The
    independent certified public accountant shall report the results of
    such audit to the Board. The financial statements of the
    Corporation shall be presented in accordance with generally
    accepted accounting principles. These financial statements and the
    report of the accountant shall be included in a report which
    contains, to the extent applicable, the information identified in
    section 9106 of title 31, and which the Corporation shall submit to
    the Congress not later than six and one-half months after the end
    of the last fiscal year covered by the audit. The Government
    Accountability Office may review the audit conducted by the
    accountant and the report to the Congress in the manner and at such
    times as the Government Accountability Office considers necessary.
      (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 section 2194 of this title;
    to purchase, discount, rediscount, sell, and negotiate, with or
    without its endorsement or guaranty, and guarantee notes,
    participation certificates, and other evidence of indebtedness
    (provided that the Corporation shall not issue its own securities,
    except participation certificates for the purpose of carrying out
    section 2191(c) or participation certificates as evidence of
    indebtedness held by the Corporation in connection with settlement
    of claims under section 2197(i) of this title); to make and carry
    out such contracts and agreements as are necessary and advisable in
    the conduct of its business; to exercise any priority of the
    Government of the United States in collecting debts from bankrupt,
    insolvent, or decedents' estates; to determine the character of and
    the necessity for its obligations and expenditures, and the manner
    in which they shall be incurred, allowed, and paid, subject to
    provisions of law specifically applicable to Government
    corporations; to collect or compromise any obligations assigned to
    or held by the Corporation, including any legal or equitable rights
    accruing to the Corporation; and to take such actions as may be
    necessary or appropriate to carry out the powers herein or
    hereafter specifically conferred upon it.
    (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 section 2151p(c) of this title relating to
    environmental impact statements and environmental assessments shall
    apply to any investment which the Corporation insures, reinsures,
    guarantees, or finances under this subpart in connection with a
    project in a country.
    (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 section 2191 of this title,
    the Corporation shall prepare and maintain for each investment
    project it insures, finances, or reinsures, a development impact
    profile consisting of data appropriate to measure the projected and
    actual effects of such project on development. Criteria for
    evaluating projects shall be developed in consultation with the
    Agency for International Development.
    (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 section
    2151n of this title shall apply to any insurance, reinsurance,
    guaranty, or loan issued by the Corporation for projects in a
    country, except that in addition to the exception (with respect to
    benefiting needy people) set forth in subsection (a) of such
    section, the Corporation may support a project if the national
    security interest so requires.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 239, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 816; amended Pub. L. 92-226, pt.
    I, Sec. 104(b), Feb. 7, 1972, 86 Stat. 22; Pub. L. 92-310, title
    II, Sec. 227(d), June 6, 1972, 86 Stat. 207; Pub. L. 93-390, Sec.
    2(5), Aug. 27, 1974, 88 Stat. 768; Pub. L. 95-268, Secs. 7, 8, Apr.
    24, 1978, 92 Stat. 215, 216; Pub. L. 95-598, title III, Sec. 318,
    Nov. 6, 1978, 92 Stat. 2678; Pub. L. 96-327, Aug. 8, 1980, 94 Stat.
    1026; Pub. L. 97-65, Sec. 8, Oct. 16, 1981, 95 Stat. 1024; Pub. L.
    97-113, title VII, Sec. 705(b)(2), Dec. 29, 1981, 95 Stat. 1545;
    Pub. L. 99-204, Secs. 4(c), 11-13, Dec. 23, 1985, 99 Stat. 1670,
    1673, 1674; Pub. L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102
    Stat. 2268-36; Pub. L. 101-167, title V, Sec. 597(a), Nov. 21,
    1989, 103 Stat. 1257; Pub. L. 101-179, title III, Sec. 302(a), Nov.
    28, 1989, 103 Stat. 1311; Pub. L. 101-513, title V, Sec. 576(a),
    Nov. 5, 1990, 104 Stat. 2044; Pub. L. 102-549, title I, Sec. 107,
    Oct. 28, 1992, 106 Stat. 3654; Pub. L. 105-118, title V, Sec.
    579(a), Nov. 26, 1997, 111 Stat. 2435; Pub. L. 108-271, Sec. 8(b),
    July 7, 2004, 118 Stat. 814.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on sections 108 and
    110(a)(2) of title I of H.R. 5263, One Hundredth Congress, as
    passed by the House of Representatives on Sept. 20, 1988, and
    sections 108 and 110(a)(2) of title I of S. 2757, One Hundredth
    Congress, as reported Sept. 7, 1988, and enacted into law by Pub.
    L. 100-461.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (c)(2) to (4). Pub. L. 108-271 substituted
    "Government Accountability Office" for "General Accounting Office"
    wherever appearing.
      1997 - Subsec. (f). Pub. L. 105-118 inserted ", or Pakistan"
    after "China".
      1992 - Subsec. (d). Pub. L. 102-549, after "legal and arbitral
    proceedings;", inserted "to enter into limited-term contracts with
    nationals of the United States for personal services to carry out
    activities in the United States and abroad under subsections (d)
    and (e) of section 2194 of this title;".
      1990 - Subsec. (f). Pub. L. 101-513 inserted "or any other East
    European country," after "Hungary,".
      1989 - Subsec. (f). Pub. L. 101-179 inserted ", Poland, Hungary,"
    after "Yugoslavia".
      Pub. L. 101-167, which directed amendment of subsec. (f) by
    inserting "Poland, Hungary," after "Yugoslavia,", did not take
    effect due to similar amendment by section 302(a) of Pub. L. 101-
    179. See amendment note above and section 302(c) of Pub. L. 101-
    179, set out below.
      1988 - Subsec. (f). Pub. L. 100-461, which directed that ",
    Romania," be struck out, was executed by striking out ", Romania"
    after "Yugoslavia", as the probable intent of Congress, because no
    comma followed "Romania" in original.
      Subsec. (g). Pub. L. 100-461 made technical amendment to
    reference to section 2151p(c) of this title to reflect renumbering
    of corresponding section of original act.
      1985 - Subsec. (c). Pub. L. 99-204, Sec. 11, amended subsec. (c)
    generally, designating existing provisions as par. (1),
    substituting "chapter 91 of title 31" for "the Government
    Corporation Control Act", and adding pars. (2) to (4).
      Subsec. (g). Pub. L. 99-204, Sec. 4(c), amended subsec. (g)
    generally. Prior to amendment, subsec. (g) read as follows: "Within
    six months after August 27, 1974, the Corporation shall develop and
    implement specific criteria intended to minimize the potential
    environmental implications of projects undertaken by investors
    abroad in accordance with any of the programs authorized by this
    subpart."
      Subsecs. (j), (k). Pub. L. 99-204, Secs. 12, 13, added subsecs.
    (j) and (k).
      1981 - Subsec. (d). Pub. L. 97-65, Sec. 8(1), inserted provision
    authorizing the Corporation to collect or compromise any
    obligations assigned to or held by the Corporation, including any
    legal or equitable rights accruing to the Corporation.
      Subsec. (e). Pub. L. 97-65, Sec. 8(2)(A), and Pub. L. 97-113,
    Sec. 705(b)(2), made identical amendments by substituting
    references to Inspector General for references to Auditor-General
    wherever appearing.
      Pub. L. 97-65, Sec. 8(2)(B), substituted language referring to
    Inspector General's authority to reviews, investigate, and conduct
    inspections of all phases of the Corporation's operations and
    activities for provisions which had formerly placed upon that
    official the responsibility for planning and directing the
    execution of audits, reviews, investigations, and inspections of
    all phases of the Corporation's operations and activities.
      Subsecs. (f) to (l). Pub. L. 97-65, Sec. 8(3), redesignated
    subsecs. (g), (h), (i), and (l) as (f), (g), (h), and (i),
    respectively. Former subsecs. (f) providing for the establishment
    of an Advisory Council, (j) providing limits for projects involving
    the exploration for or the mining of or other extraction of copper,
    and (k) prohibiting the granting of insurance, reinsurance,
    guaranty, financing, or other financial support for projects to
    establish or expand production or processing of palm oil, sugar, or
    citrus crops for export, were struck out.
      1980 - Subsec. (g). Pub. L. 96-327 substituted "Yugoslavia,
    Romania or the People's Republic of China" for "Yugoslavia or
    Romania".
      1978 - Subsec. (b). Pub. L. 95-268, Sec. 7(1), struck out
    provisions relating to the cessation on Dec. 31, 1979, of programs
    operated by the Corporation under sections 2194(b) to (e) and 2200
    of this title and transfer by the President of such programs and
    all obligations, etc., arising out of such programs to other
    agencies of the United States.
      Subsec. (d). Pub. L. 95-598 substituted "any priority" for "the
    priority".
      Pub. L. 95-268, Sec. 7(2), inserted provision relating to
    participation certificates as evidence of indebtedness held by
    Corporation for settlement of claims under section 2197(i) of this
    title.
      Subsecs. (i) to (k). Pub. L. 95-268, Sec. 7(3), added subsecs.
    (i) to (k).
      Subsec. (l). Pub. L. 95-268, Sec. 8, added subsec. (l).
      1974 - Subsec. (b). Pub. L. 93-390, Sec. 2(5)(A), inserted
    provisions relating to the cessation on Dec. 31, 1979, of programs
    operated by the Corporation under sections 2194(b) to (e) and 2200
    of this title and transfer by the President of such programs and
    all obligations, etc., arising out of such programs to other
    agencies of the United States.
      Subsec. (h). Pub. L. 93-390, Sec. 2(5)(B), added subsec. (h).
      1972 - Subsec. (d). Pub. L. 92-310 struck out provisions which
    authorized the Corporation to require bonds of officers and
    employees and to pay premiums therefor.
      Subsec. (g). Pub. L. 92-226 added subsec. (g).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                     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
    Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

        ENHANCEMENT OF NONGOVERNMENTAL SECTOR IN POLAND AND HUNGARY    
      Section 302(b) of Pub. L. 101-179 provided that: "In accordance
    with its mandate to foster private initiative and competition and
    enhance the ability of private enterprise to make its full
    contribution to the development process, the Overseas Private
    Investment Corporation shall support projects in Poland and Hungary
    which will result in enhancement of the nongovernmental sector and
    reduction of state involvement in the economy."

                    AVOIDANCE OF DUPLICATIVE AMENDMENTS                
      Section 302(c) of Pub. L. 101-179 provided that: "If the Foreign
    Operations, Export Financing, and Related Programs Appropriations
    Act, 1990 [Pub. L. 101-167], contains the same amendment that is
    made by subsection (a) of this section [see 1989 Amendment note set
    out above], the amendment made by that Act shall not be effective."

-End-



-CITE-
    22 USC Sec. 2200                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 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

-STATUTE-
    (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 section 2191(a) of
    this title, on such terms and conditions as the Corporation may
    determine, through loans, grants, or other programs authorized by
    section 2194 of this title and section 2194b of this title.
    (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 section 2200a of this title, the aggregate data
    collected under this paragraph, in such form as to quantify the
    effectiveness of the Corporation's outreach activities to minority-
    and women-owned businesses.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 240, as added Pub. L. 95-268, Sec. 9,
    Apr. 24, 1978, 92 Stat. 216; amended Pub. L. 99-204, Sec. 9(b)(3),
    Dec. 23, 1985, 99 Stat. 1673; Pub. L. 108-158, Sec. 6(a), Dec. 3,
    2003, 117 Stat. 1950.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2200, Pub. L. 87-195, pt. I, Sec. 240, as added
    Pub. L. 91-175, pt. I, Sec. 105, Dec. 30, 1969, 83 Stat. 817;
    amended Pub. L. 92-226, pt. I, Sec. 104(c), Feb. 7, 1972, 86 Stat.
    22; Pub. L. 93-189, Sec. 6(2), Dec. 17, 1973, 87 Stat. 717; Pub. L.
    93-390, Sec. 2(6), Aug. 27, 1974, 88 Stat. 768, provided for
    agricultural credit and self-help community development projects in
    Latin America, prior to repeal by Pub. L. 93-559, Sec. 8(b), Dec.
    30, 1974, 88 Stat. 1797. See section 2182a of this title.

                                AMENDMENTS                            
      2003 - Pub. L. 108-158 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).
      1985 - Pub. L. 99-204 inserted reference to section 2194b of this
    title.

-End-



-CITE-
    22 USC Sec. 2200a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2200a. Report to Congress

-STATUTE-
    (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 section 2199(h) of this title, of the economic and
      social development impact and benefits of the projects with
      respect to which such profiles are prepared, and of the extent to
      which the operations of the Corporation complement or are
      compatible with the development assistance programs of the United
      States and other donors; and
        (2) a description of any project for which the Corporation - 
          (A) refused to provide any insurance, reinsurance, guaranty,
        financing, or other financial support, on account of violations
        of human rights referred to in section 2199(i) of this title;
        or
          (B) notwithstanding such violations, provided such insurance,
        reinsurance, guaranty, financing, or financial support, on the
        basis of a determination (i) that the project will directly
        benefit the needy people in the country in which the project is
        located, or (ii) that the national security interest so
        requires.
    (b) 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, Sec. 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 section 2194b(a) of this title, including the
    following information, to the extent such information is available
    to the Corporation:
        (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 section 552 of title 5 (relating to freedom
    of information).

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 240A, as added Pub. L. 91-175, pt. I,
    Sec. 105, Dec. 30, 1969, 83 Stat. 818; amended Pub. L. 93-390, Sec.
    2(7), Aug. 27, 1974, 88 Stat. 768; Pub. L. 95-268, Sec. 10, Apr.
    24, 1978, 92 Stat. 216; Pub. L. 97-65, Sec. 9, formerly Sec. 9(a),
    Oct. 16, 1981, 95 Stat. 1024, renumbered Sec. 9, Pub. L. 99-204,
    Sec. 17(c)(1), Dec. 23, 1985, 99 Stat. 1677; Pub. L. 99-204, Sec.
    14(a), Dec. 23, 1985, 99 Stat. 1674; Pub. L. 100-461, title V, Sec.
    555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 102-549, title I,
    Sec. 108, Oct. 28, 1992, 106 Stat. 3654.)

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 100-461 is based on sections 105(b) and
    110(b) of title I of H.R. 5263, One Hundredth Congress, as passed
    by the House of Representatives on Sept. 20, 1988, and sections
    105(b) and 110(b) of title I of S. 2757, One Hundredth Congress, as
    reported Sept. 7, 1988, and enacted into law by Pub. L. 100-461.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (b)(2), (3). Pub. L. 102-549 added pars. (2) and
    (3) and struck out former par. (2) which read as follows: "Each
    report required by this subsection shall be based on an analysis of
    each of the projects described in paragraph (1). The reports may,
    however, present information and analysis in aggregate form, but
    only if - 
        "(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). Pub. L. 100-461 repealed subsec. (c) which
    related to actual effect of all projects on employment in United
    States as of Sept. 30, 1986, presentation of information, and
    methodology used in acquiring information and making analysis.
      Subsec. (d)(1). Pub. L. 100-461 inserted "(as in effect before
    October 1, 1988)" after "subsection (c) of this section".
      Subsec. (d)(2). Pub. L. 100-461 substituted "either by subsection
    (b) of this section, or by subsection (c) of this section (as in
    effect before October 1, 1988)" for "by either subsection (b) or
    (c) of this section".
      Subsec. (e). Pub. L. 100-461 added subsec. (e). Former subsec.
    (e) redesignated (f).
      Subsec. (f). Pub. L. 100-461 redesignated subsec. (e) as (f) and
    substituted "(e)" for "(c)".
      1985 - Pub. L. 99-204, Sec. 14(a), designated existing provisions
    as subsec. (a) and added subsecs. (b) to (e).
      1981 - Pub. L. 97-65 struck out designation "(a)" before "After
    the end of each fiscal year", substituted references to section
    2199(h) and (i) of this title for references to section 2199(i) and
    (l) of this title, respectively, in pars. (1) and (2)(A), and
    struck out subsec. (b) which had provided that, not later than
    Sept. 30, 1980, the Corporation was to submit to the Congress a
    report on the development of private and multilateral programs for
    investment insurance and any reinsurance arrangements the
    Corporation had made with private insurance companies, multilateral
    organizations and institutions or other entities.
      1978 - Subsec. (a). Pub. L. 95-268 added cls. (1) and (2) setting
    forth required contents of report.
      Subsec. (b). Pub. L. 95-268 substituted provisions relating to
    report to be submitted not later than Sept. 30, 1980 involving the
    development and any arrangements by the Corporation with private
    insurance companies, etc., for provisions relating to report
    submitted not later than Jan. 1, 1976 involving the possibilities
    of the Corporation transferring all of its activities to private
    insurance companies, etc.
      1974 - Subsec. (b). Pub. L. 93-390 substituted "January 1, 1976"
    for "March 1, 1974" and "of its activities to private insurance
    companies, multilateral organizations and institutions, or other
    entities" for "or part of its activities to private United States
    citizens, corporations, or other associations".

      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 Pub. L. 97-65, which provided for a report to
    Congress by the Overseas Private Investment Corporation on the
    effect on investments of lack of insurance, was repealed by Pub. L.
    99-204, Sec. 17(c)(2), Dec. 23, 1985, 99 Stat. 1677.

-End-



-CITE-
    22 USC Sec. 2200b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs

-HEAD-
    Sec. 2200b. Prohibition on noncompetitive awarding of insurance
      contracts on OPIC supported exports

-STATUTE-
    (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
    section 2241(b) of title 19 with respect to such actions.
    (c) Definitions
      For purposes of this section - 
        (1) the term "United States insurance company" includes - 
          (A) an individual, partnership, corporation, holding company,
        or other legal entity which is authorized, or in the case of a
        holding company, subsidiaries of which are authorized, by a
        State to engage in the business of issuing insurance contracts
        or reinsuring the risk underwritten by insurance companies; and
          (B) foreign operations, branches, agencies, subsidiaries,
        affiliates, or joint ventures of any entity described in
        subparagraph (A);

        (2) United States insurance companies shall be considered to
      have had a "fair and open competitive opportunity to provide
      insurance" if they - 
          (A) have received notice of the opportunity to provide
        insurance; and
          (B) have been evaluated on a nondiscriminatory basis; and

        (3) the term "State" includes the District of Columbia and any
      commonwealth, territory, or possession of the United States.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 240B, as added Pub. L. 102-549, title
    I, Sec. 109, Oct. 28, 1992, 106 Stat. 3654.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2200b, Pub. L. 87-195, pt. I, Sec. 240B, as added
    Pub. L. 97-65, Sec. 10, Oct. 16, 1981, 95 Stat. 1024, related to
    return of appropriated funds, prior to repeal by Pub. L. 99-204,
    Sec. 15, Dec. 23, 1985, 99 Stat. 1676.

-End-


-CITE-
    22 USC subpart v - disadvantaged children in asia           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart v - disadvantaged children in asia

-HEAD-
                SUBPART V - DISADVANTAGED CHILDREN IN ASIA            

-End-



-CITE-
    22 USC Sec. 2201                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart v - disadvantaged children in asia

-HEAD-
    Sec. 2201. Assistance to disadvantaged children in Asia

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 241, as added Pub. L. 95-424, title I,
    Sec. 116, Oct. 6, 1978, 92 Stat. 952; amended Pub. L. 99-83, title
    IX, Sec. 903(a), Aug. 8, 1985, 99 Stat. 268.)


-MISC1-
            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of this subchapter are deemed to include a
    reference to section 2293 of this title. See section 2293(d)(1) of
    this title.

                             PRIOR PROVISIONS                         
      A prior section 2201, Pub. L. 87-195, pt. I, Sec. 241, Sept. 4,
    1961, 75 Stat. 433; Pub. L. 88-205, pt. I, Sec. 105, Dec. 16, 1963,
    77 Stat. 382, related to general authority of President respecting
    development research and use of funds for research into problems of
    population growth, prior to repeal by Pub. L. 94-161, title III,
    Sec. 306(1), Dec. 20, 1975, 89 Stat. 858.

                                AMENDMENTS                            
      1985 - Subsec. (b). Pub. L. 99-83 substituted "$3,000,000" for
    "$2,000,000".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) So in original.


-End-


-CITE-
    22 USC subpart vi - microenterprise development
           assistance                                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance

-HEAD-
            SUBPART VI - MICROENTERPRISE DEVELOPMENT ASSISTANCE        


-MISC1-
                             PRIOR PROVISIONS                         
      A prior subpart VI, consisting of sections 2211 to 2213, related
    to Alliance for Progress, prior to repeal by Pub. L. 95-424, title
    I, Sec. 102(g)(1)(A), title VI, Sec. 605, Oct. 6, 1978, 92 Stat.
    942, 961, effective Oct. 1, 1978.

-End-


-CITE-
    22 USC Division A - Grant Assistance                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division A - Grant Assistance

-HEAD-
                       DIVISION A - GRANT ASSISTANCE                   

-End-



-CITE-
    22 USC Sec. 2211                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division A - Grant Assistance

-HEAD-
    Sec. 2211. Findings and policy

-STATUTE-
      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 section 7104(a)(1) of this title
      and women who are victims of or susceptible to other forms of
      exploitation and violence.
        (6) Given that microenterprise programs have been successful in
      empowering disenfranchised groups such as women, microenterprise
      programs should also target populations disenfranchised due to
      race or ethnicity in countries where a strong relationship
      between poverty and race or ethnicity has been demonstrated, such
      as countries in Latin America.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 251, as added Pub. L. 108-484, Sec. 3,
    Dec. 23, 2004, 118 Stat. 3923.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2211, Pub. L. 87-195, pt. I, Sec. 251, as added
    Pub. L. 87-565, pt. I, Sec. 106, Aug. 1, 1962, 76 Stat. 257;
    amended Pub. L. 88-205, pt. I, Sec. 106(a), Dec. 16, 1963, 77 Stat.
    382; Pub. L. 89-583, pt. I, Sec. 105(a), Sept. 19, 1966, 80 Stat.
    799; Pub. L. 90-137, pt. I, Sec. 106(a), Nov. 14, 1967, 81 Stat.
    451, related to assistance in order to promote the economic
    development of countries and areas in Latin America, prior to
    repeal by Pub. L. 95-424, title I, Sec. 102(g)(1)(A), title VI,
    Sec. 605, Oct. 6, 1978, 92 Stat. 942, 961, effective Oct. 1, 1978.

                            FINDINGS AND POLICY                        
      Pub. L. 108-484, Sec. 2, Dec. 23, 2004, 118 Stat. 3922, provided
    that: "Congress finds and declares the following:
        "(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 Public Law 106-309; 114 Stat. 1082) [see Short Title of
        2000 Amendments note set out under section 2151 of this title].
          "(B) Public Law 108-31 [see Tables for classification] (an
        Act entitled 'An Act to amend the Microenterprise for Self-
        Reliance Act of 2000 and the Foreign Assistance Act of 1961 to
        increase assistance for the poorest people in developing
        countries under microenterprise assistance program under those
        Acts, and for other purposes', approved June 17, 2003).
        "(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                         
      Pub. L. 108-484, Sec. 7, Dec. 23, 2004, 118 Stat. 3930, provided
    that: "It is the sense of Congress that, in carrying out title VI
    of chapter 2 of part I of the Foreign Assistance Act of 1961 [22
    U.S.C. 2211 et seq.] (as added by section 3 of this Act and amended
    by sections 4 through 6 of this Act), the Administrator of the
    United States Agency for International Development - 
        "(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 [22 U.S.C. 2214] (as added by
      section 6 of this Act) a description of all matching assistance
      (as described in paragraph (1)) provided for the prior year by
      recipients of microenterprise development assistance under such
      title;
        "(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
      chapter 2 of part I of the Foreign Assistance Act of 1961 not
      later than 90 days after the date of the enactment of this Act
      [Dec. 23, 2004]."

                                REFERENCES                            
      Pub. L. 108-484, Sec. 9, Dec. 23, 2004, 118 Stat. 3931, provided
    that: "Any reference in a law, regulation, agreement, or other
    document of the United States to section 108, 131, or 132 of the
    Foreign Assistance Act of 1961 [former 22 U.S.C. 2151f, 2152a,
    2152b] shall be deemed to be a reference to subtitle B of title VI
    of chapter 2 of part I of the Foreign Assistance Act of 1961
    [division B of this subpart], subtitle A of title VI of chapter 2
    of part I of such Act [this division], or subtitle C of title VI of
    chapter 2 of part I of such Act [division C of this subpart],
    respectively."

-End-



-CITE-
    22 USC Sec. 2211a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division A - Grant Assistance

-HEAD-
    Sec. 2211a. Authorization; implementation; targeted assistance

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 252, as added Pub. L. 108-484, Sec. 3,
    Dec. 23, 2004, 118 Stat. 3924.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 252 of Pub. L. 87-195 was classified to section
    2212 of this title, prior to repeal by Pub. L. 95-424, title I,
    Sec. 102(g)(1)(A), title VI, Sec. 605, Oct. 6, 1978, 92 Stat. 942,
    961, effective Oct. 1, 1978.

-End-



-CITE-
    22 USC Sec. 2211b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division A - Grant Assistance

-HEAD-
    Sec. 2211b. Monitoring system

-STATUTE-
    (a) In general
      In order to maximize the sustainable development impact of
    assistance authorized under section 2211a(a) of this title, the
    Administrator of the Agency, acting through the Director of the
    office, shall strengthen its monitoring system to meet the
    requirements of subsection (b) of this section.
    (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 section 2211a of this title.
        (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 253, as added Pub. L. 108-484, Sec. 3,
    Dec. 23, 2004, 118 Stat. 3925.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 253 of Pub. L. 87-195 was classified to section
    2213 of this title, prior to repeal by Pub. L. 95-424, title I,
    Sec. 102(g)(1)(A), title VI, Sec. 605, Oct. 6, 1978, 92 Stat. 942,
    961, effective Oct. 1, 1978.

-End-



-CITE-
    22 USC Sec. 2211c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division A - Grant Assistance

-HEAD-
    Sec. 2211c. Development and certification of poverty measurement
      methods; application of methods

-STATUTE-
    (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 section 2211a of this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 254, as added Pub. L. 108-484, Sec. 3,
    Dec. 23, 2004, 118 Stat. 3926.)

-End-



-CITE-
    22 USC Sec. 2211d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division A - Grant Assistance

-HEAD-
    Sec. 2211d. Additional authorities

-STATUTE-
      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 section 2214 of this title, a
    detailed description of such assistance and, to the extent
    applicable, the information required by paragraphs (1) through (11)
    of subsection (b) of such section with respect to such assistance.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 255, as added Pub. L. 108-484, Sec. 3,
    Dec. 23, 2004, 118 Stat. 3926.)

-End-


-CITE-
    22 USC Division B - Credit Assistance                       01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division B - Credit Assistance

-HEAD-
                      DIVISION B - CREDIT ASSISTANCE                  

-End-



-CITE-
    22 USC Sec. 2212                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division B - Credit Assistance

-HEAD-
    Sec. 2212. Microenterprise development credits

-STATUTE-
    (a) Findings and policy
      Congress finds and declares that - 
        (1) the development of micro- and small enterprises is a vital
      factor in the stable growth of developing countries and in the
      development and stability of a free, open, and equitable
      international economic system; and
        (2) it is, therefore, in the best interests of the United
      States to assist the 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
    section 2354(a) of this title.
    (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 section
      661a(5) of title 2, for activities under this section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 256, formerly Sec. 108, as added Pub.
    L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended
    Pub. L. 99-83, title III, Sec. 308, Aug. 8, 1985, 99 Stat. 215;
    Pub. L. 100-418, title II, Sec. 2211, Aug. 23, 1988, 102 Stat.
    1335; Pub. L. 106-309, title I, Sec. 106, Oct. 17, 2000, 114 Stat.
    1085; Pub. L. 108-31, Sec. 2, June 17, 2003, 117 Stat. 775;
    renumbered Sec. 256 and amended Pub. L. 108-484, Sec. 4(a), (b),
    (c)(3), Dec. 23, 2004, 118 Stat. 3926, 3927.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226 set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2151f of this title.
      Section 256, formerly 108, of Pub. L. 87-195 is based on section
    407 of title IV of H.R. 2992, Ninety-eighth Congress, as reported
    May 17, 1983, and enacted into law by Pub. L. 98-151.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 2212, Pub. L. 87-195, pt. I, Sec. 252, as added
    Pub. L. 87-565, pt. I, Sec. 106, Aug. 1, 1962, 76 Stat. 258;
    amended Pub. L. 88-205, pt. I, Sec. 106(b), Dec. 16, 1963, 77 Stat.
    383; Pub. L. 88-633, pt. I, Sec. 105, Oct. 7, 1964, 78 Stat. 1010;
    Pub. L. 89-171, pt. I, Sec. 105, Sept. 6, 1965, 79 Stat. 655; Pub.
    L. 89-583, pt. I, Sec. 105(b), Sept. 19, 1966, 80 Stat. 799; Pub.
    L. 90-137, pt. I, Sec. 106(b), Nov. 14, 1967, 81 Stat. 451; Pub. L.
    90-554, pt. I, Sec. 105, Oct. 8, 1968, 82 Stat. 961; Pub. L. 91-
    175, pt. I, Sec. 106, Dec. 30, 1969, 83 Stat. 818; Pub. L. 92-226,
    pt. I, Sec. 105, Feb. 7, 1972, 86 Stat. 23; Pub. L. 93-189, Sec. 7,
    Dec. 17, 1973, 87 Stat. 718, related to authorization of
    appropriations for Alliance for Progress, prior to repeal by Pub.
    L. 95-424, title I, Sec. 102(g)(1)(A), title VI, Sec. 605, Oct. 6,
    1978, 92 Stat. 942, 961, effective Oct. 1, 1978.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-484, Sec. 4(c)(3)(A), substituted
    "Administrator of the Agency" for "Administrator of the agency
    primarily responsible for administering subchapter I of this
    chapter" in introductory provisions.
      Subsec. (f)(1). Pub. L. 108-484, Sec. 4(c)(3)(B), substituted
    "subchapter I of this chapter" for "section 2152a of this title"
    and "such sums as may be necessary for each of the fiscal years
    2005 through 2009" for "$1,500,000 for each of fiscal years 2001
    through 2004".
      2003 - Pub. L. 108-31, Sec. 2(f), substituted "Microenterprise
    development credits" for "Micro- and small enterprise development
    credits" in section catchline.
      Subsec. (a)(2). Pub. L. 108-31, Sec. 2(a), substituted "the
    access to financial services and the development of
    microenterprises" for "the development of the enterprises of the
    poor".
      Subsec. (b). Pub. L. 108-31, Sec. 2(b), amended heading and text
    of subsec. (b) generally. Prior to amendment, text read as follows:
    "To carry out the policy set forth in subsection (a) of this
    section, the President is authorized to provide assistance to
    increase the availability of credit to micro- and small enterprises
    lacking full access to credit, including through - 
        "(1) loans and guarantees to credit institutions for the
      purpose of expanding the availability of credit to micro- and
      small enterprises;
        "(2) training programs for lenders in order to enable them to
      better meet the credit needs of microentrepreneurs; and
        "(3) training programs for microentrepreneurs in order to
      enable them to make better use of credit and to better manage
      their enterprises."
      Subsec. (c). Pub. L. 108-31, Sec. 2(c)(1), substituted
    "microfinance institutions" for "credit institutions" and
    "microenterprise households" for "micro- and small enterprises" in
    introductory provisions.
      Subsec. (c)(1), (2). Pub. L. 108-31, Sec. 2(c)(2), substituted
    "financial services" for "credit".
      Subsec. (d). Pub. L. 108-31, Sec. 2(d), substituted "programs for
    microenterprise households" for "micro- and small enterprise
    programs".
      Subsec. (f)(1). Pub. L. 108-31, Sec. 2(e), substituted "for each
    of fiscal years 2001 through 2004" for "for each of fiscal years
    2001 and 2002".
      2000 - Pub. L. 106-309 amended section catchline and text
    generally, substituting provisions promoting micro- and small
    enterprise development credits for provisions relating to the
    establishment, funding and uses of a private sector revolving fund
    to aid developing countries.
      1988 - Subsec. (i). Pub. L. 100-418 added subsec. (i).
      1985 - Subsec. (b). Pub. L. 99-83 substituted "each of the fiscal
    years 1986 and 1987, up to $18,000,000" for "fiscal year 1984, up
    to $20,000,000".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                            REPORT TO CONGRESS                        
      Pub. L. 108-31, Sec. 4, June 17, 2003, 117 Stat. 778, as amended
    by Pub. L. 108-484, Sec. 8(b), Dec. 23, 2004, 118 Stat. 3931,
    provided that: "Not later than September 30, 2005, the
    Administrator of the United States Agency for International
    Development shall submit to Congress a report that documents the
    process of developing and applying poverty assessment procedures
    with its partners."

           FINDINGS AND DECLARATIONS OF POLICY OF 2000 AMENDMENT       
      Pub. L. 106-309, title I, Sec. 102, Oct. 17, 2000, 114 Stat.
    1079, provided that: "Congress makes the following findings and
    declarations:
        "(1) According to the World Bank, more than 1,200,000,000
      people in the developing world, or one-fifth of the world's
      population, subsist on less than $1 a day.
        "(2) Over 32,000 of their children die each day from largely
      preventable malnutrition and disease.
        "(3)(A) Women in poverty generally have larger work loads and
      less access to educational and economic opportunities than their
      male counterparts.
        "(B) Directly aiding the poorest of the poor, especially women,
      in the developing world has a positive effect not only on family
      incomes, but also on child nutrition, health and education, as
      women in particular reinvest income in their families.
        "(4)(A) The poor in the developing world, particularly women,
      generally lack stable employment and social safety nets.
        "(B) Many turn to self-employment to generate a substantial
      portion of their livelihood. In Africa, over 80 percent of
      employment is generated in the informal sector of the self-
      employed poor.
        "(C) These poor entrepreneurs are often trapped in poverty
      because they cannot obtain credit at reasonable rates to build
      their asset base or expand their otherwise viable self-employment
      activities.
        "(D) Many of the poor are forced to pay interest rates as high
      as 10 percent per day to money lenders.
        "(5)(A) The poor are able to expand their incomes and their
      businesses dramatically when they can access loans at reasonable
      interest rates.
        "(B) Through the development of self-sustaining microfinance
      programs, poor people themselves can lead the fight against
      hunger and poverty.
        "(6)(A) On February 2-4, 1997, a global Microcredit Summit was
      held in Washington, District of Columbia, to launch a plan to
      expand access to credit for self-employment and other financial
      and business services to 100,000,000 of the world's poorest
      families, especially the women of those families, by 2005. While
      this scale of outreach may not be achievable in this short time-
      period, the realization of this goal could dramatically alter
      the face of global poverty.
        "(B) With an average family size of five, achieving this goal
      will mean that the benefits of microfinance will thereby reach
      nearly half of the world's more than 1,000,000,000 absolute poor
      people.
        "(7)(A) Nongovernmental organizations, such as those that
      comprise the Microenterprise Coalition (such as the Grameen Bank
      (Bangladesh), K-REP (Kenya), and networks such as Accion
      International, the Foundation for International Community
      Assistance (FINCA), and the credit union movement) are successful
      in lending directly to the very poor.
        "(B) Microfinance institutions such as BRAC (Bangladesh),
      BancoSol (Bolivia), SEWA Bank (India), and ACEP (Senegal) are
      regulated financial institutions that can raise funds directly
      from the local and international capital markets.
        "(8)(A) Microenterprise institutions not only reduce poverty,
      but also reduce the dependency on foreign assistance.
        "(B) Interest income on the credit portfolio is used to pay
      recurring institutional costs, assuring the long-term
      sustainability of development assistance.
        "(9) Microfinance institutions leverage foreign assistance
      resources because loans are recycled, generating new benefits to
      program participants.
        "(10)(A) The development of sustainable microfinance
      institutions that provide credit and training, and mobilize
      domestic savings, is a critical component to a global strategy of
      poverty reduction and broad-based economic development.
        "(B) In the efforts of the United States to lead the
      development of a new global financial architecture,
      microenterprise should play a vital role. The recent shocks to
      international financial markets demonstrate how the financial
      sector can shape the destiny of nations. Microfinance can serve
      as a powerful tool for building a more inclusive financial sector
      which serves the broad majority of the world's population
      including the very poor and women and thus generate more social
      stability and prosperity.
        "(C) Over the last two decades, the United States has been a
      global leader in promoting the global microenterprise sector,
      primarily through its development assistance programs at the
      United States Agency for International Development. Additionally,
      the Department of the Treasury and the Department of State have
      used their authority to promote microenterprise in the
      development programs of international financial institutions and
      the United Nations.
        "(11)(A) In 1994, the United States Agency for International
      Development launched the 'Microenterprise Initiative' in
      partnership with the Congress.
        "(B) The initiative committed to expanding funding for the
      microenterprise programs of the Agency, and set a goal that, by
      the end of fiscal year 1996, one-half of all microenterprise
      resources would support programs and institutions that provide
      credit to the poorest, with loans under $300.
        "(C) In order to achieve the goal of the microcredit summit,
      increased investment in microfinance institutions serving the
      poorest will be critical.
        "(12) Providing the United States share of the global
      investment needed to achieve the goal of the microcredit summit
      will require only a small increase in United States funding for
      international microcredit programs, with an increased focus on
      institutions serving the poorest.
        "(13)(A) In order to reach tens of millions of the poorest with
      microcredit, it is crucial to expand and replicate successful
      microfinance institutions.
        "(B) These institutions need assistance in developing their
      institutional capacity to expand their services and tap
      commercial sources of capital.
        "(14) Nongovernmental organizations have demonstrated
      competence in developing networks of local microfinance
      institutions and other assistance delivery mechanisms so that
      they reach large numbers of the very poor, and achieve financial
      sustainability.
        "(15) Recognizing that the United States Agency for
      International Development has developed very effective
      partnerships with nongovernmental organizations, and that the
      Agency will have fewer missions overseas to carry out its work,
      the Agency should place priority on investing in those
      nongovernmental network institutions that meet performance
      criteria through the central funding mechanisms of the Agency.
        "(16) By expanding and replicating successful microfinance
      institutions, it should be possible to create a global
      infrastructure to provide financial services to the world's
      poorest families.
        "(17)(A) The United States can provide leadership to other
      bilateral and multilateral development agencies as such agencies
      expand their support to the microenterprise sector.
        "(B) The United States should seek to improve coordination
      among G-7 countries in the support of the microenterprise sector
      in order to leverage the investment of the United States with
      that of other donor nations.
        "(18) Through increased support for microenterprise, especially
      credit for the poorest, the United States can continue to play a
      leadership role in the global effort to expand financial services
      and opportunity to 100,000,000 of the poorest families on the
      planet."

                        PURPOSES OF 2000 AMENDMENT                    
      Pub. L. 106-309, title I, Sec. 103, Oct. 17, 2000, 114 Stat.
    1081, as amended by Pub. L. 108-31, Sec. 1(a), June 17, 2003, 117
    Stat. 775, provided that: "The purposes of this title [see Short
    Title of 2000 Amendments note set out under section 2151 of this
    title] are - 
        "(1) to make microenterprise development an important element
      of United States foreign economic policy and assistance;
        "(2) to provide for the continuation and expansion of the
      commitment of the United States Agency for International
      Development to the development of microenterprise institutions as
      outlined in its 1994 Microenterprise Initiative;
        "(3) to support and develop the capacity of United States and
      indigenous nongovernmental organization intermediaries to provide
      credit, savings, training, technical assistance, and business
      development services to 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."

-CROSS-
                                DEFINITIONS                            
      Pub. L. 106-309, title I, Sec. 104, Oct. 17, 2000, 114 Stat.
    1082, as amended by Pub. L. 108-31, Sec. 1(b), June 17, 2003, 117
    Stat. 775, provided that: "In this title [see Short Title of 2000
    Amendments note set out under section 2151 of this title]:
        "(1) Business development services. - The term 'business
      development services' means support for the growth of
      microenterprises through training, technical assistance,
      marketing assistance, improved production technologies, and other
      services.
        "(2) Microenterprise institution. - The term 'microenterprise
      institution' means an institution that provides services,
      including microfinance, training, or business development
      services, to microentrepreneurs and their households.
        "(3) Microfinance institution. - The term 'microfinance
      institution' means an institution that directly provides, or
      works to expand, the availability of credit, savings, and other
      financial services to microentrepreneurs.
        "(4) Practitioner institution. - The term 'practitioner
      institution' means any institution that provides services,
      including microfinance, training, or business development
      services, for microentrepreneurs, or provides assistance to
      microenterprise institutions.
        "(5) Very poor. - The term 'very poor' means 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 the equivalent of less than $1 per day."

-End-


-CITE-
    22 USC Division C - United States Microfinance Loan
           Facility                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division C - United States Microfinance Loan Facility

-HEAD-
           DIVISION C - UNITED STATES MICROFINANCE LOAN FACILITY       

-End-



-CITE-
    22 USC Sec. 2213                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division C - United States Microfinance Loan Facility

-HEAD-
    Sec. 2213. United States Microfinance Loan Facility

-STATUTE-
    (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 section
      2394-1 of this title in accordance with the procedures applicable
      to reprogramming notifications under that section.
    (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 section 2370(q) of this title, or any
        comparable provision of law, shall not be construed to prohibit
        assistance to a country in the event that a private sector
        recipient of assistance furnished under this section is in
        default in its payment to the United States for the period
        specified in such section.
        (B) Procurement provision
          Assistance may be provided under this section without regard
        to section 2354(a) of this title.
      (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 section 661a(5) of title
        2, to carry out this section; and
          (B) the administrative costs to carry out this section.
      (2) Relation to other funding
        Amounts made available under paragraph (1) are in addition to
      amounts available under any other provision of law to carry out
      this section.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 257, formerly Sec. 132, as added Pub.
    L. 106-309, title I, Sec. 107(a), Oct. 17, 2000, 114 Stat. 1086;
    renumbered Sec. 257 and amended Pub. L. 108-484, Sec. 5(a), (b),
    (c)(2), Dec. 23, 2004, 118 Stat. 3927.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2152b of this title.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 2213, Pub. L. 87-195, pt. I, Sec. 253, as added
    Pub. L. 87-565, pt. I, Sec. 106, Aug. 1, 1962, 76 Stat. 258;
    amended Pub. L. 88-205, pt. I, Sec. 106(c), Dec. 16, 1963, 77 Stat.
    383, related to availability of receipts from loans for Alliance
    for Progress, prior to repeal by Pub. L. 95-424, title I, Sec.
    102(g)(1)(A), title VI, Sec. 605, Oct. 6, 1978, 92 Stat. 942, 961,
    effective Oct. 1, 1978.

                                AMENDMENTS                            
      2004 - Subsec. (b)(3). Pub. L. 108 - 484, Sec. 5(c)(2)(A),
    substituted "2005 through 2009" for "2001 and 2002".
      Subsec.(d)(1). Pub. L. 108 - 484, Sec. 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). Pub. L. 108-484, Sec. 5(c)(2)(C), struck out heading
    and text of subsec. (e) which defined "Administrator", "appropriate
    congressional committees", and "United States-supported
    microfinance institution" for purposes of this section.

-End-


-CITE-
    22 USC Division D - Miscellaneous Provisions                01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division D - Miscellaneous Provisions

-HEAD-
                   DIVISION D - MISCELLANEOUS PROVISIONS               

-End-



-CITE-
    22 USC Sec. 2214                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division D - Miscellaneous Provisions

-HEAD-
    Sec. 2214. Report

-STATUTE-
    (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 section
      2211a of this title, with a listing of - 
          (A) the amount of each grant, cooperative agreement,
        contract, contribution, or other form of assistance;
          (B) the name of each recipient and each developing country
        with respect to which projects or activities under the grant,
        cooperative agreement, contract, contribution, or other form of
        assistance were carried out; and
          (C) a listing of the number of countries receiving assistance
        authorized by section 2211a of this title.

        (2) The results of the monitoring system required under section
      2211b of this title.
        (3) The process of developing and applying poverty assessment
      procedures required under section 2211c of this title.
        (4) The percentage of assistance furnished under section 2211a
      of this title that was allocated to the very poor based on the
      data collected using the certified methods required by section
      2211c of this title.
        (5) The estimated number of the very poor reached with
      assistance provided under section 2211a of this title.
        (6) The amount of assistance provided under section 2211a of
      this title through central mechanisms.
        (7) The name of each country that receives assistance under
      section 2212 of this title and the amount of such assistance.
        (8) Information on the efforts of the Agency to ensure that
      recipients of United States microenterprise and microfinance
      development assistance work closely with nongovernmental
      organizations and foreign governments to identify and assist
      victims or potential victims of severe forms of trafficking in
      persons and women who are victims of or susceptible to other
      forms of exploitation and violence.
        (9) Any additional information relating to the provision of
      assistance authorized by this subpart, including the use of the
      poverty measurement tools required by section 2211c of this
      title, or additional information on assistance provided by the
      United States to support microenterprise development under this
      subpart or any other provision of law.
        (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 258, as added Pub. L. 108-484, Sec. 6,
    Dec. 23, 2004, 118 Stat. 3928.)

-End-



-CITE-
    22 USC Sec. 2214a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vi - microenterprise development assistance
    Division D - Miscellaneous Provisions

-HEAD-
    Sec. 2214a. Definitions

-STATUTE-
       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 section 2211a(b)(1) of this title.
      (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).

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 259, as added Pub. L. 108-484, Sec. 6,
    Dec. 23, 2004, 118 Stat. 3929.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-End-


-CITE-
    22 USC subpart vii - evaluation of programs                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vii - evaluation of programs

-HEAD-
                   SUBPART VII - EVALUATION OF PROGRAMS               

-End-



-CITE-
    22 USC Sec. 2216                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart vii - evaluation of programs

-HEAD-
    Sec. 2216. Repealed.

-MISC1-
    Sec. 2216. Repealed. Pub. L. 95-424, title I, Sec. 102(g)(1)(A),
      Oct. 6, 1978, 92 Stat. 942.
      Section, Pub. L. 87-195, pt. I, Sec. 261, as added Pub. L. 88-
    205, pt. I, Sec. 107, Dec. 16, 1963, 77 Stat. 383, related to
    appointment of a committee to review and evaluate economic
    development program for less developed countries.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-


-CITE-
    22 USC subpart viii - southeast asia multilateral and
           regional programs                               01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart viii - southeast asia multilateral and regional programs

-HEAD-
     SUBPART VIII - SOUTHEAST ASIA MULTILATERAL AND REGIONAL PROGRAMS 

-End-



-CITE-
    22 USC Secs. 2217, 2217a                                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart viii - southeast asia multilateral and regional programs

-HEAD-
    Secs. 2217, 2217a. Repealed.

-MISC1-
    Secs. 2217, 2217a. Repealed. Pub. L. 95-424, title I, Sec.
      102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942.
      Section 2217, Pub. L. 87-195, pt. I, Sec. 271, as added Pub. L.
    89-583, pt. I, Sec. 106, Sept. 19, 1966, 80 Stat. 799, set forth
    sense of Congress that acceleration of social and economic progress
    would be served by an expanded effort by countries of southeast
    Asia and other interested countries in cooperative programs.
      Section 2217a, Pub. L. 87-195, pt. I, Sec. 272, as added Pub. L.
    89-583, pt. I, Sec. 106, Sept. 19, 1966, 80 Stat. 800, related to a
    number of criteria to be taken into account in providing assistance
    under the Southeast Asia Multilateral and Regional Programs.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2217b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart viii - southeast asia multilateral and regional programs

-HEAD-
    Sec. 2217b. Repealed.

-MISC1-
    Sec. 2217b. Repealed. Pub. L. 90-137, pt. I, Sec. 107, Nov. 14,
      1967, 81 Stat. 452.
      Section, Pub. L. 87-195, pt. I, Sec. 273, as added Pub. L. 89-
    583, pt. I, Sec. 106, Sept. 19, 1966, 80 Stat. 800, prescribed a
    $10,000,000 limitation on use of funds for promotion of social and
    economic development and stability in southeast Asia.

-End-


-CITE-
    22 USC subpart ix - utilization of democratic
           institutions in development                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ix - utilization of democratic institutions in development

-HEAD-
    SUBPART IX - UTILIZATION OF DEMOCRATIC INSTITUTIONS IN DEVELOPMENT

-End-



-CITE-
    22 USC Sec. 2218                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart ix - utilization of democratic institutions in development

-HEAD-
    Sec. 2218. Utilization of democratic institutions in development

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 281, as added Pub. L. 89-583, pt. I,
    Sec. 106, Sept. 19, 1966, 80 Stat. 800; amended Pub. L. 90-137, pt.
    I, Sec. 108, Nov. 14, 1967, 81 Stat. 452; Pub. L. 90-554, pt. I,
    Sec. 106, Oct. 8, 1968, 82 Stat. 961; Pub. L. 95-424, title I, Sec.
    102(g)(2)(A), Oct. 6, 1978, 92 Stat. 942.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b)(2), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of this subchapter are deemed to include a
    reference to section 2293 of this title. See section 2293(d)(1) of
    this title.

                                AMENDMENTS                            
      1978 - Subsecs. (a), (b), (c), (e). Pub. L. 95-424 inserted "and
    part 1 of this subchapter" after "this part".
      1968 - Subsec. (c). Pub. L. 90-554, Sec. 106(a), emphasized
    research designed to increase understanding of ways in which
    development assistance can support democratic social and political
    trends in recipient countries.
      Subsec. (e). Pub. L. 90-554, Sec. 106(b), added subsec. (e).
      1967 - Pub. L. 90-137 designated existing provisions as subsec.
    (a) and added subsecs. (b) to (d).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

-End-


-CITE-
    22 USC subpart x - programs relating to population growth
           and family planning                             01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart x - programs relating to population growth and family
                 planning                          

-HEAD-
       SUBPART X - PROGRAMS RELATING TO POPULATION GROWTH AND FAMILY
                                 PLANNING

-End-



-CITE-
    22 USC Secs. 2219, 2219a                                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart x - programs relating to population growth and family
                 planning                          

-HEAD-
    Secs. 2219, 2219a. Repealed.

-MISC1-
    Secs. 2219, 2219a. Repealed. Pub. L. 95-424, title I, Sec. 104(b),
      Oct. 6, 1978, 92 Stat. 947.
      Section 2219, Pub. L. 87-195, pt. I, Sec. 291, as added Pub. L.
    90-137, pt. I, Sec. 109, Nov. 14, 1967, 81 Stat. 452, set forth a
    general statement of policy concerning population growth and family
    planning.
      Section 2219a, Pub. L. 87-195, pt. I, Sec. 292, as added Pub. L.
    90-137, pt. I, Sec. 109, Nov. 14, 1967, 81 Stat. 453; amended Pub.
    L. 90-554, pt. I, Sec. 107, Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-
    175, pt. I, Sec. 107, Dec. 30, 1969, 83 Stat. 818; Pub. L. 92-226,
    pt. I, Sec. 106, Feb. 7, 1972, 86 Stat. 23; Pub. L. 93-189, Sec. 8,
    Dec. 17, 1973, 87 Stat. 718; Pub. L. 93-559, Sec. 4(2), Dec. 30,
    1974, 88 Stat. 1795, related to the availability of funds on a loan
    or grant basis to carry out the purposes of this subpart.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-


-CITE-
    22 USC subpart xi - food production targets and reports     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xi - food production targets and reports

-HEAD-
             SUBPART XI - FOOD PRODUCTION TARGETS AND REPORTS         

-End-



-CITE-
    22 USC Sec. 2220                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xi - food production targets and reports

-HEAD-
    Sec. 2220. Repealed.

-MISC1-
    Sec. 2220. Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct.
      6, 1978, 92 Stat. 959.
      Section, Pub. L. 87-195, pt. I, Sec. 295, as added Pub. L. 90-
    137, pt. I, Sec. 109, Nov. 14, 1967, 81 Stat. 453, related to
    reports and recommendations to Congress by the President for each
    country receiving assistance under this chapter which the President
    finds has a substantial food deficit.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-


-CITE-
    22 USC subpart xii - famine prevention and freedom from
           hunger                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xii - famine prevention and freedom from hunger

-HEAD-
          SUBPART XII - FAMINE PREVENTION AND FREEDOM FROM HUNGER      

-End-



-CITE-
    22 USC Sec. 2220a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xii - famine prevention and freedom from hunger

-HEAD-
    Sec. 2220a. General provisions

-STATUTE-
    (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 sections
    2151a and 2151a-1 of this title, for: (1) global research on
    problems affecting food, agriculture, forestry, and fisheries; (2)
    improved human capacity and institutional resource development for
    the global application of agricultural and related environmental
    sciences; (3) agricultural development and trade research and
    extension services in the United States and other countries to
    support the entry of rural industries into world markets; and (4)
    providing for the application of agricultural sciences to solving
    food, health, nutrition, rural income, and environmental problems,
    especially such problems in low-income, food deficit countries.
      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) [7 U.S.C. 301 et seq.], or the Act
    of August 30, 1890 (known as the Second Morrill Act) [7 U.S.C. 321
    et seq.], which are commonly known as "land-grant" universities;
    institutions now designated or which may hereafter be designated as
    sea-grant colleges under the Act of October 15, 1966 (known as the
    National Sea Grant College and Program Act) [33 U.S.C. 1121 et
    seq.], which are commonly known as sea-grant colleges; Native
    American land-grant colleges as authorized under the Equity in
    Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note); and
    other United States colleges and universities which - 
        (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 296, as added Pub. L. 94-161, title
    III, Sec. 312, Dec. 20, 1975, 89 Stat. 861; amended Pub. L. 95-424,
    title I, Sec. 103(c), Oct. 6, 1978, 92 Stat. 945; Pub. L. 106-373,
    Sec. 2, Oct. 27, 2000, 114 Stat. 1427.)

-REFTEXT-
                            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, 12 Stat. 503, and
    Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended, which are
    classified generally to subchapters I (Sec. 301 et seq.) and II
    (Sec. 321 et seq.), respectively, of chapter 13 of Title 7,
    Agriculture. For complete classification of these Acts to the Code,
    see Short Title notes set out under sections 301 and 321 of Title 7
    and Tables.
      The National Sea Grant College and Program Act, referred to in
    subsec. (d), is title II of Pub. L. 89-454, as added Pub. L. 89-
    688, Sec. 1, Oct. 15, 1966, 80 Stat. 998, as amended, which is
    classified generally to subchapter II (Sec. 1121 et seq.) of
    chapter 22 of Title 33, Navigation and Navigable Waters. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1121 of Title 33 and Tables.
      The Equity in Educational Land-Grant Status Act of 1994, referred
    to in subsec. (d), is Pub. L. 103-382, title V, part C, Oct. 20,
    1994, 108 Stat. 4048, as amended, which is set out as a note under
    section 301 of Title 7, Agriculture. For complete classification of
    this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-373, Sec. 2(a)(2)(A), in second
    sentence, redesignated pars. (1) to (7) as subpars. (A) to (G),
    respectively.
      Pub. L. 106-373, Sec. 2(a)(1), amended first sentence generally.
    Prior to amendment, first sentence read as follows: "The Congress
    declares that, in order to prevent famine and establish freedom
    from hunger, the United States should strengthen the capacities of
    the United States land-grant and other eligible universities in
    program-related agricultural institutional development and
    research, consistent with sections 2151a and 2151a-1 of this title,
    should improve their participation in the United States
    Government's international efforts to apply more effective
    agricultural sciences to the goal of increasing world food
    production, and in general should provide increased and longer term
    support to the application of science to solving food and nutrition
    problems of the developing countries."
      Subsec. (a)(A). Pub. L. 106-373, Sec. 2(a)(2)(B), substituted
    "with and through the private sector in this country and to
    understanding processes of economic development" for "in this
    country".
      Subsec. (a)(B). Pub. L. 106-373, Sec. 2(a)(2)(C), amended subpar.
    (B) generally. Prior to amendment, subpar. (B) read as follows:
    "that land-grant and other universities in the United States have
    demonstrated over many years their ability to cooperate with
    foreign agricultural institutions in expanding indigenous food
    production for both domestic and international markets;".
      Subsec. (a)(C). Pub. L. 106-373, Sec. 2(a)(2)(D), amended subpar.
    (C) generally. Prior to amendment, subpar. (C) read as follows:
    "that, in a world of growing population with rising expectations,
    increased food production and improved distribution, storage, and
    marketing in the developing countries is necessary not only to
    prevent hunger but to build the economic base for growth, and
    moreover, that the greatest potential for increasing world food
    supplies is in the developing countries where the gap between food
    need and food supply is the greatest and current yields are
    lowest;".
      Subsec. (a)(E). Pub. L. 106-373, Sec. 2(a)(2)(E), (H), added
    subpar. (E) and struck out former subpar. (E) which read as
    follows: "that research, teaching, and extension activities, and
    appropriate institutional development therefor are prime factors in
    increasing agricultural production abroad (as well as in the United
    States) and in improving food distribution, storage, and
    marketing;".
      Subsec. (a)(F). Pub. L. 106-373, Sec. 2(a)(2)(H), added subpar.
    (F). Former subpar. (F) redesignated (G).
      Subsec. (a)(G). Pub. L. 106-373, Sec. 2(a)(2)(E), (G), (I),
    redesignated subpar. (F) as (G), substituted "and the broader
    economy of the United States" for "in the United States", and
    struck out former subpar. (G) which read as follows: "that
    universities need a dependable source of Federal funding, as well
    as other financing, in order to expand, or in some cases to
    continue, their efforts to assist in increasing agricultural
    production in developing countries."
      Subsec. (a)(H), (I). Pub. L. 106-373, Sec. 2(a)(2)(F), (J), added
    subpars. (H) and (I).
      Subsec. (b). Pub. L. 106-373, Sec. 2(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) contained declaration of
    Congress that various components had to be brought together in
    order to increase world food production.
      Subsec. (c)(1). Pub. L. 106-373, Sec. 2(c)(1), substituted "each
    of the program components described in paragraphs (1) through (6)
    of subsection (b) of this section" for "each component".
      Subsec. (c)(2). Pub. L. 106-373, Sec. 2(c)(2)(A), inserted "and
    public and private partners of universities" after "for the
    universities".
      Subsec. (c)(3). Pub. L. 106-373, Sec. 2(c)(3), inserted "and
    public and private partners of universities" after "such
    universities" in introductory provisions, added subpars. (C) to
    (E), and struck out concluding provisions which read as follows:
    "directed to strengthening their joint and respective capabilities
    and to engage them more effectively in research, teaching, and
    extension activities for solving problems in food production,
    distribution, storage, marketing, and consumption in agriculturally
    underdeveloped nations."
      Subsec. (c)(4), (5). Pub. L. 106-373, Sec. 2(c)(2)(B), (4), added
    pars. (4) and (5).
      Subsec. (d). Pub. L. 106-373, Sec. 2(d)(1), inserted "Native
    American land-grant colleges as authorized under the Equity in
    Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);"
    after "sea-grant colleges;" in introductory provisions.
      Subsec. (d)(1). Pub. L. 106-373, Sec. 2(d)(2), substituted
    "extension (including outreach)" for "extension".
      Subsec. (e). Pub. L. 106-373, Sec. 2(e), inserted "United States"
    before "Agency".
      Subsecs. (f) to (h). Pub. L. 106-373, Sec. 2(f) - (h), added
    subsecs. (f) to (h).
      1978 - Subsecs. (f), (g). Pub. L. 95-424 struck out subsecs. (f)
    defining "agriculture", and (g) defining "farmers".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                        INTERNATIONAL FOOD RESERVE                    
      Pub. L. 95-426, title VI, Sec. 604, Oct. 7, 1978, 92 Stat. 986,
    provided that:
      "(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:
      Pub. L. 95-105, title V, Sec. 510, Aug. 17, 1977, 91 Stat. 860.

                   COMMISSION ON HUNGER AND MALNUTRITION               
      Pub. L. 95-426, title VII, Sec. 711, Oct. 7, 1978, 92 Stat. 994,
    which authorized funds to be appropriated for fiscal years 1979 and
    1980 for a commission to conduct studies on global hunger and
    malnutrition, which commission was to make recommendations to the
    President and Congress on policies to increase the capacity of the
    United States to reduce hunger and malnutrition, was repealed by
    Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24, 1982, 96 Stat.
    299.

                 SETTLEMENT OF DEBT OWED THE UNITED STATES             
      Section 321 of Pub. L. 94-161 provided that: "No debt owed to the
    United States by any foreign country with respect to the payment of
    any loan made under any program funded under this Act [see Short
    Title of 1975 Amendment note set out under section 2151 of this
    title] may be settled in an amount less than the full amount of
    such debt unless the Congress by concurrent resolution approves of
    such settlement."

        COOPERATION WITH OTHER COUNTRIES IN ALLEVIATING WORLD FOOD
             SHORTAGE; EMERGENCY AND HUMANITARIAN REQUIREMENTS
      Pub. L. 93-189, Sec. 39, Dec. 17, 1973, 87 Stat. 735, provided
    that:
      "(a) It is the sense of the Congress that the United States
    should participate fully in efforts to alleviate current and future
    food shortages which threaten the world. To this end, the President
    shall - 
        "(1) encourage, support, and expedite, studies relating to the
      long-range implications of the world food situation (including
      studies of national and world production, distribution, and
      utilization of agricultural commodities and other foodstuffs) and
      support the organizing of a world food conference under United
      Nations auspices in 1974;
        "(2) request the member nations of the General Agreement on
      Tariffs and Trade to explore the means for assuring equitable
      access by all nations to national markets and mineral and
      agricultural resources;
        "(3) consult and cooperate with appropriate international
      agencies, such as the Food and Agriculture Organization of the
      United Nations, in determining the need for, the feasibility of,
      and cost on an equitably-shared basis of, establishing an
      international system of strategic food reserves; and
        "(4) report his findings and recommendations to the Congress on
      the implementation of this section no later than December 31,
      1974.
      "(b) It is further the sense of the Congress that - 
        "(1) in making assessments which would affect or relate to the
      level of domestic production, the Executive Branch should include
      in the estimates of overall utilization the expected demands for
      humanitarian food assistance through such programs as are carried
      out under the Agricultural Trade Development and Assistance Act
      of 1954 (Public Law 480) [section 1691 et seq. of Title 7,
      Agriculture]; and
        "(2) legislation providing increased flexibility for responding
      to emergency and humanitarian requirements for food assistance
      should be considered as promptly as possible to the end that the
      last sentence of section 401 of the Agricultural Trade
      Development and Assistance Act of 1954 (Public Law 480) [section
      1731 of title 7], may be amended by striking the period and
      inserting in lieu thereof a comma and the following: 'unless the
      Secretary determines that some part of the exportable supply
      should be used to carry out the national interest and
      humanitarian objectives of this Act [see Short Title of 1973
      Amendment note set out under section 2151 of this title]'."

-End-



-CITE-
    22 USC Sec. 2220b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xii - famine prevention and freedom from hunger

-HEAD-
    Sec. 2220b. General authority

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 297, as added Pub. L. 94-161, title
    III, Sec. 312, Dec. 20, 1975, 89 Stat. 863; amended Pub. L. 96-53,
    title I, Sec. 113, Aug. 14, 1979, 93 Stat. 364; Pub. L. 106-373,
    Sec. 3, Oct. 27, 2000, 114 Stat. 1431.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(1). Pub. L. 106-373, Sec. 3(a)(1), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "to strengthen the capabilities of universities in teaching,
    research, and extension work to enable them to implement current
    programs authorized by paragraphs (2), (3), (4), and (5) of this
    subsection, and those proposed in the report required by section
    2220e of this title;".
      Subsec. (a)(3). Pub. L. 106-373, Sec. 3(a)(2), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "to
    provide program support for long-term collaborative university
    research, in the developing countries themselves to the maximum
    extent practicable, on food production, distribution, storage,
    marketing, and consumption;".
      Subsec. (a)(4). Pub. L. 106-373, Sec. 3(a)(3), inserted "United
    States" before "universities" and "agricultural" before "research
    centers" and substituted "multilateral banks, the institutions of
    agriculturally developing nations, and United States and foreign
    nongovernmental organizations supporting extension and other
    productivity-enhancing programs" for "and the institutions of
    agriculturally developing nations".
      Subsec. (b)(1). Pub. L. 106-373, Sec. 3(b)(1)(A), substituted
    "United States universities with public and private partners of
    universities" for "universities" in introductory provisions.
      Subsec. (b)(1)(C). Pub. L. 106-373, Sec. 3(b)(1)(B), inserted ",
    environment," before "and related" and substituted
    "agriculturalists" for "farmers and farm families".
      Subsec. (b)(2). Pub. L. 106-373, Sec. 3(b)(2), inserted ",
    including resources of the private sector," after "Federal or State
    resources".
      Subsec. (b)(3). Pub. L. 106-373, Sec. 3(b)(3), substituted ", 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." for "and the United States Department of
    Agriculture and the United States Department of Commerce."
      Subsec. (c)(2). Pub. L. 106-373, Sec. 3(c)(1), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "be
    carried out within the developing countries;".
      Subsec. (c)(4). Pub. L. 106-373, Sec. 3(c)(2), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "provide
    for the most effective interrelationship between research,
    education, and extension in promoting agricultural development in
    developing countries; and".
      Subsec. (e). Pub. L. 106-373, Sec. 3(d), added subsec. (e).
      1979 - Subsec. (a)(3). Pub. L. 96-53, Sec. 113(1), inserted
    provision relating to the scope of effort in developing countries.
      Subsec. (c). Pub. L. 96-53, Sec. 113(2), reworked activity
    objectives through revising terminology and structure and expanding
    such objectives to include requirement for a direct relationship
    between activities and the food and agricultural needs of
    developing countries.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2220c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xii - famine prevention and freedom from hunger

-HEAD-
    Sec. 2220c. Board for International Food and Agricultural
      Development

-STATUTE-
    (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 section 2220b of this title.
    (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 section 2220b of this title;
        (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 (Public Law 103-62; 107 Stat.
      285), and the amendments made by that Act;
        (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 section
      2220b of this title; and
        (2) a Joint Operations Committee which shall assist in and
      advise on the mechanisms and processes for implementation of
      activities described in section 2220b of this title.
    (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 section 2220e of this title and on other
    agricultural development activities related to programs under this
    subpart.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 298, as added Pub. L. 94-161, title
    III, Sec. 312, Dec. 20, 1975, 89 Stat. 864; amended Pub. L. 106-
    373, Sec. 4, Oct. 27, 2000, 114 Stat. 1432.)

-REFTEXT-
                            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, Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,
    which enacted section 306 of Title 5, Government Organization and
    Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money
    and Finance, and sections 2801 to 2805 of Title 39, Postal Service,
    amended section 1105 of Title 31, and enacted provisions set out as
    notes under sections 1101 and 1115 of Title 31. For complete
    classification of this Act to the Code, see Short Title of 1993
    Amendment note set out under section 1101 of Title 31 and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-373, Sec. 4(a), inserted "on a
    case-by-case basis" before period at end of third sentence.
      Subsec. (b). Pub. L. 106-373, Sec. 4(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "The
    Board's general areas of responsibility shall include, but not be
    limited to - 
        "(1) participating in the planning, development, and
      implementation of,
        "(2) initiating recommendations for, and
        "(3) monitoring of,
    the activities described in section 2220b of this title."
      Subsec. (c)(2)(A). Pub. L. 106-373, Sec. 4(c)(1)(A), substituted
    "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;" for "increase food production in developing
    countries,".
      Subsec. (c)(2)(B). Pub. L. 106-373, Sec. 4(c)(1)(B), inserted ",
    environmental, and related social" before "sciences".
      Subsec. (c)(4). Pub. L. 106-373, Sec. 4(c)(2), inserted "and
    their partners" after "Administrator and universities".
      Subsec. (c)(5). Pub. L. 106-373, Sec. 4(c)(3), inserted "and
    public and private partners of universities" after "universities".
      Subsec. (c)(7). Pub. L. 106-373, Sec. 4(c)(5), substituted "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 (Public
    Law 103-62; 107 Stat. 285), and the amendments made by that Act;"
    for "in the developing nations."
      Subsec. (c)(8) to (10). Pub. L. 106-373, Sec. 4(c)(4), (6), added
    pars. (8) to (10).
      Subsec. (d)(1). Pub. L. 106-373, Sec. 4(d)(1), substituted
    "Policy" for "Research", "design" for "administration", and
    "section 2220b" for "section 2220b(a)(3)".
      Subsec. (d)(2). Pub. L. 106-373, Sec. 4(d)(2), substituted "Joint
    Operations Committee which shall assist in and advise on the
    mechanisms and processes for implementation of activities described
    in section 2220b of this title." for "Joint Committee on Country
    Programs which shall assist in the implementation of the bilateral
    activities described in sections 2220b(a)(2), 2220b(a)(4), and
    2220b(a)(5) of this title."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-               

    (!1) So in original. The semicolon probably should be a comma.


-End-



-CITE-
    22 USC Sec. 2220d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xii - famine prevention and freedom from hunger

-HEAD-
    Sec. 2220d. Funds for programs and activities

-STATUTE-
    (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 section 2151a of this title to carry out the
    purposes of this subpart. Funds made available for such purposes
    may be used without regard to the provisions of sections 2151h(b)
    and 2151t(d) of this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 299, as added Pub. L. 94-161, title
    III, Sec. 312, Dec. 20, 1975, 89 Stat. 865; amended Pub. L. 95-424,
    title I, Sec. 102(c)(2), Oct. 6, 1978, 92 Stat. 941.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-424 substituted "sections 2151h(b)
    and 2151t(d) of this title" for "sections 2151h(b), 2171(a), and
    2171(d) of this title".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2220e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part II - Other Programs
    subpart xii - famine prevention and freedom from hunger

-HEAD-
    Sec. 2220e. Presidential report to Congress

-STATUTE-
      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
    section 2220c of this title and may include the separate views of
    the Board with respect to any aspect of the programs conducted or
    proposed to be conducted under this subpart.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 300, as added Pub. L. 94-161, title
    III, Sec. 312, Dec. 20, 1975, 89 Stat. 866; amended Pub. L. 106-
    373, Sec. 5, Oct. 27, 2000, 114 Stat. 1433.)


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-373 substituted "September 1" for "April 1".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                   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 Pub. L. 104-66, as amended, set out as a note
    under section 1113 of Title 31, Money and Finance.

-End-


-CITE-
    22 USC Part III - International Organizations and
           Programs                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
            PART III - INTERNATIONAL ORGANIZATIONS AND PROGRAMS        

-End-



-CITE-
    22 USC Sec. 2221                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2221. General authority

-STATUTE-
    (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 section 2151t(b) of this title, on such terms and
    conditions as he may determine, in order to further the purposes of
    subchapter I of this chapter.
    (b) Repealed. Pub. L. 97-113, title VII, Sec. 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 301, Sept. 4, 1961, 75 Stat. 433; Pub.
    L. 89-171, pt. I, Sec. 106 (a), Sept. 6, 1965, 79 Stat. 656; Pub.
    L. 89-583, pt. I, Sec. 107(a)-(c), Sept. 19, 1966, 80 Stat. 800;
    Pub. L. 90-137, pt. I, Sec. 110(a), Nov. 14, 1967, 81 Stat. 453;
    Pub. L. 91-175, pt. I, Sec. 108(a), Dec. 30, 1969, 83 Stat. 819;
    Pub. L. 93-189, Sec. 9(1), Dec. 17, 1973, 87 Stat. 718; Pub. L. 94-
    161, title III, Sec. 313(c), Dec. 20, 1975, 89 Stat. 866; Pub. L.
    95-424, title I, Secs. 102(b)(2)(A), 117(d), Oct. 6, 1978, 92 Stat.
    941, 953; Pub. L. 96-533, title VII, Sec. 702, Dec. 16, 1980, 94
    Stat. 3156; Pub. L. 97-113, title III, Sec. 311(a), title VII, Sec.
    734(a)(1), Dec. 29, 1981, 95 Stat. 1536, 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1981 - Subsec. (b). Pub. L. 97-113, Sec. 734(a)(1), struck out
    subsec. (b) which limited contributions to United Nations
    Development Program and restricted assistance to Cuba. See section
    2370(f) of this title.
      Subsec. (e)(3). Pub. L. 97-113, Sec. 734(a)(1), struck out par.
    (3) which required reports by the President and the General
    Accounting Office of their evaluation of reports of international
    organizations to United States representatives on those
    organizations. See section 2394 of this title.
      Subsec. (h). Pub. L. 97-113, Sec. 311(a), added subsec. (h).
      1980 - Subsec. (d). Pub. L. 96-533, Sec. 702(a), required the
    Comptroller General to report to Congress and the President the
    results of the audits.
      Subsec. (e)(1). Pub. L. 96-533, Sec. 702(b)(1)-(3), substituted
    "organizations of external, professionally" for "organizations a
    single professionally", "groups" for "group" in three places,
    "evaluation, and audits" for "and evaluation", and "evaluation, or
    audit" for "and evaluation".
      Subsec. (e)(2). Pub. L. 96-533, Sec. 702(b)(4), (5), required
    audits of programs and activities and reports of professionally
    qualified groups to include such audits.
      Subsec. (e)(3). Pub. L. 96-533, Sec. 702(b)(6), required the
    Comptroller General to include in the reports to Congress and the
    President his evaluation of the reports received by the United
    States representatives to the international organizations and
    related information.
      1978 - Subsec. (a). Pub. L. 95-424 substituted "section 2151t(b)
    of this title" for "section 2161(d) of this title".
      Subsec. (g). Pub. L. 95-424 added subsec. (g).
      1975 - Subsec. (f). Pub. L. 94-161 added subsec. (f).
      1973 - Subsec. (e). Pub. L. 93-189 added subsec. (e).
      1969 - Subsec. (c). Pub. L. 91-175 omitted provisions dealing
    with Israel and Arab governments taking steps toward repatriation
    of refugees and the extent and success of the United Nations and
    Arab governments to rectify refugees relief rolls, as criteria for
    the President to use in determining whether to furnish assistance
    for such refugees through contributions to the United Nations,
    omitted provisions dealing with amount of contribution for the
    fiscal year 1967, and expanded prohibition against the inclusion of
    members of other guerrilla type organizations or refugees engaged
    in any act of terrorism.
      1967 - Subsec. (d). Pub. L. 90-137 added subsec. (d).
      1966 - Subsec. (a). Pub. L. 89-583, Sec. 107(a), authorized in
    the case of the Indus Basin Development Executive grants and loans
    payable as to principal and interest in United States dollars and
    subject to the provisions of section 2161(d) of this title.
      Subsec. (b). Pub. L. 89-583, Sec. 107(b), substituted "United
    Nations Development Program" for "United Nations Expanded Program
    of Technical Assistance and the United States Special Fund" and
    restricted economic or technical assistance to Cuba.
      Subsec. (c). Pub. L. 89-583, Sec. 107(c), substituted provisions
    limiting contributions by the United States for fiscal year 1967 to
    $13,300,000, for provisions limiting contributions for calendar
    year 1966 to $15,200,000 and prohibited the making of contributions
    assisting any refugee who is receiving military training as a
    member of the Palestine Liberation Army.
      1965 - Subsec. (c). Pub. L. 89-171 limited contributions by the
    United States to the United Nations Relief and Works Agency for
    Palestine Refugees in the Near East to $15,200,000 for the calendar
    year 1966.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                 USE OF CONTRIBUTIONS FOR PROJECTS IN CUBA             
      Pub. L. 91-194, title I, Sec. 100, Feb. 9, 1970, 84 Stat. 5,
    provided in part: "That the President shall seek to assure that no
    contribution to the United Nations Development Program authorized
    by the Foreign Assistance Act of 1961, as amended [section 2151 et
    seq. of this title], shall be used for projects for economic or
    technical assistance to the Government of Cuba, so long as Cuba is
    governed by the Castro regime."
      Similar provisions were contained in Pub. L. 89-691, title I,
    Sec. 100, Oct. 15, 1966, 80 Stat. 1018; Pub. L. 90-249, title I,
    Sec. 100, Jan. 2, 1968, 81 Stat. 936; Pub. L. 90-581, title I, Sec.
    100, Oct. 17, 1968, 82 Stat. 1137.

-End-



-CITE-
    22 USC Sec. 2222                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2222. Authorization of appropriations

-STATUTE-
    (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 section
    2360(a) or 2364(a) of this title to transfer any amount
    appropriated under this paragraph to, and to consolidate such
    amount with, any funds made available under any other provision of
    this chapter.
    (c) Prohibition against contributions for volunteer manpower
      programs
      None of the funds available to carry out this part shall be
    contributed to any international organization or to any foreign
    government or agency thereof to pay the costs of developing or
    operating any volunteer program of such organization, government,
    or agency relating to the selection, training, and programing of
    volunteer manpower.
    (d) to (h) Repealed. Pub. L. 95-424, title VI, Sec. 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 2004 through 2008
    to be available only for United States contributions to the Vaccine
    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 2004 through 2008
    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 2004 through 2008
    to be available for United States contributions to malaria vaccine
    development programs, including the Malaria Vaccine Initiative of
    the Program for Appropriate Technologies in Health (PATH).

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 302, Sept. 4, 1961, 75 Stat. 433; Pub.
    L. 87-565, pt. I, Sec. 107, Aug. 1, 1962, 76 Stat. 259; Pub. L. 88-
    205, pt. I, Sec. 108, Dec. 16, 1963, 77 Stat. 383; Pub. L. 88-633,
    pt. I, Sec. 106, Oct. 7, 1964, 78 Stat. 1010; Pub. L. 89-171, pt.
    I, Sec. 106(b), Sept. 6, 1965, 79 Stat. 656; Pub. L. 89-583, pt. I,
    Sec. 107(d), Sept. 19, 1966, 80 Stat. 801; Pub. L. 90-137, pt. I,
    Sec. 110(b), Nov. 14, 1967, 81 Stat. 454; Pub. L. 90-554, pt. I,
    Sec. 108, Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175, pt. I, Sec.
    108(b)-(d), Dec. 30, 1969, 83 Stat. 819; Pub. L. 92-226, pt. I,
    Sec. 107, Feb. 7, 1972, 86 Stat. 23; Pub. L. 93-189, Sec. 9(2)-(5),
    Dec. 17, 1973, 87 Stat. 719; Pub. L. 93-559, Sec. 9, Dec. 30, 1974,
    88 Stat. 1798; Pub. L. 94-161, title III, Sec. 313(a), Dec. 20,
    1975, 89 Stat. 866; Pub. L. 94-329, title V, Sec. 505, June 30,
    1976, 90 Stat. 764; Pub. L. 95-88, title I, Sec. 118(a), Aug. 3,
    1977, 91 Stat. 540; Pub. L. 95-424, title I, Sec. 117(a), (b)(1),
    (c), title VI, Sec. 604, Oct. 6, 1978, 92 Stat. 952, 953, 961; Pub.
    L. 96-53, title I, Sec. 114(a), Aug. 14, 1979, 93 Stat. 364; Pub.
    L. 96-533, title III, Sec. 309, Dec. 16, 1980, 94 Stat. 3148; Pub.
    L. 97-113, title III, Sec. 311(b), title VII, Sec. 734(a)(1), Dec.
    29, 1981, 95 Stat. 1536, 1560; Pub. L. 99-83, title IV, Sec.
    402(a), Aug. 8, 1985, 99 Stat. 217; Pub. L. 99-529, title IV, Sec.
    404(2), Oct. 24, 1986, 100 Stat. 3019; Pub. L. 100-690, title IV,
    Sec. 4107, Nov. 18, 1988, 102 Stat. 4266; Pub. L. 106-264, title I,
    Sec. 112(a), Aug. 19, 2000, 114 Stat. 753; Pub. L. 108-25, title
    II, Sec. 203, May 27, 2003, 117 Stat. 727.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (k). Pub. L. 108-25, Sec. 203(a), substituted
    "such sums as may be necessary for each of the fiscal years 2004
    through 2008" for "$50,000,000 for each of the fiscal years 2001
    and 2002" and "Vaccine Fund" for "Global Alliance for Vaccines and
    Immunizations".
      Subsec. (l). Pub. L. 108-25, Sec. 203(b), substituted "such sums
    as may be necessary for each of the fiscal years 2004 through 2008"
    for "$10,000,000 for each of the fiscal years 2001 and 2002".
      Subsec. (m). Pub. L. 108-25, Sec. 203(c), added subsec. (m).
      2000 - Subsecs. (k), (l). Pub. L. 106-264 added subsecs. (k) and
    (l).
      1988 - Subsec. (j). Pub. L. 100-690 added subsec. (j).
      1986 - Subsec. (a)(1). Pub. L. 99-529 substituted "$236,084,000
    for fiscal year 1987" for "$270,000,000 for fiscal year 1987".
      1985 - Subsec. (a)(1). Pub. L. 99-83 substituted provisions
    relating to amounts authorized, percentages, and covered programs
    for fiscal years 1986 and 1987, for provisions relating to amounts
    authorized, percentages, and covered programs for fiscal years 1982
    and 1983.
      1981 - Subsec. (a)(1). Pub. L. 97-113 substituted appropriations
    of $218,600,000 for fiscal years 1982 and 1983 for appropriation of
    $233,350,000 for fiscal year 1981 and added cls. (A) to (E).
      Subsec. (a)(3). Pub. L. 97-113 struck out par. (3) which
    prohibited, for fiscal year 1979, funding of the United Nations
    Institute for Namibia unless the President found that the money
    would not be used for Southwest African Peoples Organization.
      1980 - Subsec. (a)(1). Pub. L. 96-533 substituted appropriations
    authorization of $233,350,000 for fiscal year 1981 for prior
    authorization of $267,280,000 for fiscal year 1980, including
    $42,500,000 of this amount for voluntary contributions to the
    United Nations Relief and Works Agency for Palestine Refugees,
    increasable to $52,000,000 upon certification of the President to
    Congress that members of Organization of Petroleum Exporting
    Countries have made equivalent matching contributions.
      1979 - Subsec. (a)(1). Pub. L. 96-53 substituted provisions
    authorizing appropriations of $267,280,000 for fiscal year 1980,
    for provisions authorizing appropriations of $285,450,000 for
    fiscal year 1979 and provisions respecting availability of funds
    for United Nations Trust Fund on South Africa, and the Namibia
    Institute, and availability of appropriations for fiscal year 1978.
      1978 - Subsec. (a)(1). Pub. L. 95-424, Sec. 117(a), (b)(1),
    substituted "$285,450,000 for the fiscal year 1979 of which not to
    exceed $300,000 shall be available for contributions to the United
    Nations Trust Fund on South Africa" for "for the fiscal year 1977,
    $219,900,000 and for the fiscal year 1978, $252,000,000";
    substituted "fiscal year 1978, not to exceed $52,000,000" for
    "fiscal year 1978, not to exceed $42,500,000", and inserted
    provision relating to voluntary contributions to the United Nations
    Relief and Works Agency for Palestine Refugees.
      Subsec. (a)(3). Pub. L. 95-424, Sec. 117(c), added par. (3).
      Subsec. (d). Pub. L. 95-424, Sec. 604, struck out subsec. (d)
    which related to contributions to the United Nations Children's
    Fund for fiscal years 1976 and 1977.
      Subsec. (e). Pub. L. 95-424, Sec. 604, struck out subsec. (e)
    which related to added contributions for expansion of technical and
    vocational training of Arab refugees.
      Subsec. (f). Pub. L. 95-424, Sec. 604, struck out subsec. (f)
    which related to appropriation of Egyptian pounds for technical and
    vocational training and other assistance to Arab refugees.
      Subsec. (g). Pub. L. 95-424, Sec. 604, struck out subsec. (g)
    which related to availability of funds for the International Atomic
    Energy Agency.
      Subsec. (h). Pub. L. 95-424, Sec. 604, struck out subsec. (h)
    which related to prohibition of expenditures for the United Nations
    Educational, Scientific, and Cultural Organization.
      1977 - Subsec. (a)(1). Pub. L. 95-88 struck out provisions which
    authorized appropriations of $127,822,000 for fiscal year 1974,
    $165,000,000 for fiscal year 1975, and $194,500,000 for fiscal year
    1976, inserted provisions authorizing an appropriation of
    $252,000,000 for fiscal year 1978, and inserted requirement that,
    of the funds authorized to be appropriated under subsec. (a) for
    fiscal year 1978, not to exceed $42,500,000 be available for
    voluntary contributions to the United Nations Relief and Works
    Agency for Palestine Refugees.
      1976 - Subsec. (i). Pub. L. 94-329 added subsec. (i).
      1975 - Subsec. (a)(1). Pub. L. 94-161, Sec. 313(a)(1)(A), (B),
    authorized appropriations of $194,500,000 and $219,900,000 for
    fiscal years 1976 and 1977, required maximum contribution of
    $250,000 to be made to the Namibia Institute, and designated
    existing provisions as par. (1).
      Subsec. (a)(2). Pub. L. 94-161, Sec. 313(a)(1)(C), added par.
    (2).
      Subsec. (b)(1). Pub. L. 94-161, Sec. 313(a)(2), substituted
    "$61,220,000" for "$51,220,000".
      Subsec. (b)(2). Pub. L. 94-161, Sec. 313(a)(3), authorized
    appropriations of $27,000,000 for use beginning in fiscal year
    1976.
      Subsec. (d). Pub. L. 94-161, Sec. 313(a)(4), substituted
    appropriations authorization of $20,000,000 for fiscal years 1976
    and 1977, for prior appropriations authorization of $18,000,000 for
    fiscal years 1974 and 1975.
      1974 - Subsec. (a). Pub. L. 93-559, Sec. 9(a)(1), increased
    appropriations authorization for fiscal year 1975 to $165,000,000
    from $150,000,000.
      Subsecs. (g), (h). Pub. L. 93-559, Sec. 9(a)(2), added subsecs.
    (g) and (h).
      1973 - Subsec. (a). Pub. L. 93-189, Sec. 9(2), substituted "for
    the fiscal year 1974, $127,822,000 and for the fiscal year 1975,
    $150,000,000", for "for the fiscal year 1972, $138,000,000 and for
    the fiscal year 1973, $138,000,000".
      Subsec. (b)(2). Pub. L. 93-189, Sec. 9(3), substituted "for use
    in the fiscal year 1974, $14,500,000, and for use in the fiscal
    year 1975, $14,500,000", for "for use in the fiscal year 1972,
    $15,000,000, and for use in the fiscal year 1973, $15,000,000".
      Subsec. (d). Pub. L. 93-189, Sec. 9(4), substituted provisions
    directing that out of the funds made available for carrying out
    this part $18,000,000 be available in each of fiscal years 1974 and
    1975 for contributions to the United Nations Children's Fund, for
    provisions authorizing the appropriation of $1,000,000 for fiscal
    year 1969 for contributions to the United Nations Children's Fund
    during the calendar year 1969 and directing that funds made thus
    available be in addition to funds available under this chapter or
    any other Act for such contributions and not be taken into account
    in computing the aggregate amount of United States contributions to
    such fund for the calendar year 1969.
      Subsec. (e). Pub. L. 93-189, Sec. 9(5), substituted "$2,000,000
    for the fiscal year 1974 and $2,000,000 for the fiscal year 1975",
    for "$1,000,000 for the fiscal year 1972 and $1,000,000 for the
    fiscal year 1973".
      1972 - Subsec. (a). Pub. L. 92-226, Sec. 107(a), authorized
    appropriations of $138,000,000 for fiscal years 1972 and 1973, and
    struck out provisions for authorization of $122,620,000 for fiscal
    years 1970 and 1971.
      Subsec. (b)(2). Pub. L. 92-226, Sec. 107(b), authorized
    appropriations of $15,000,000 for fiscal years 1972 and 1973, and
    struck out provision for authorization of $7,530,000 for fiscal
    years 1970 and 1971; and prohibited the President from exercising
    any special authority to transfer any amount appropriated under
    par. (2) to, and to consolidate such amount with, any funds made
    available under any other provision of this chapter.
      Subsec. (e). Pub. L. 92-226, Sec. 107(c), authorized
    appropriations of $1,000,000 for fiscal years 1972 and 1973, and
    struck out provision for authorization of $1,000,000 for fiscal
    years 1970 and 1971.
      Subsec. (f). Pub. L. 92-226, Sec. 107(d), added subsec. (f).
      1969 - Subsec. (a). Pub. L. 91-175, Sec. 108(b), substituted
    "fiscal year 1970, $122,620,000, and for the fiscal year 1971,
    $122,620,000" for "fiscal year 1969, $135,000,000".
      Subsec. (b). Pub. L. 91-175, Sec. 108(c), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (e). Pub. L. 91-175, Sec. 108(d), added subsec. (e).
      1968 - Subsec. (a). Pub. L. 90-554, Sec. 108(a), substituted
    authorization of $135,000,000 for fiscal year 1969, for
    authorization of $141,000,000 for fiscal year 1968.
      Subsec. (d). Pub. L. 90-554, Sec. 108(b), added subsec. (d).
      1967 - Subsec. (a). Pub. L. 90-137, Sec. 110(b)(1), substituted
    authorization of $141,000,000 for fiscal year 1968, for
    authorization of $140,433,000, for fiscal year 1967.
      Subsec. (b). Pub. L. 90-137, Sec. 110(b)(2), substituted
    appropriation authorization of $51,220,000 for fiscal year 1969,
    for Indus Basin Development for appropriations authorization of
    $1,000,000 for fiscal year 1967, for contributions to United
    Nations Children's Fund during calendar year 1967 and for exclusion
    of such contributions from computation of aggregate amount of
    United States contributions to the fund during calendar year 1967.
      1966 - Subsec. (a). Pub. L. 89-583 designated existing provisions
    as subsec. (a) and (c), substituted in subsec. (a) "grants" for
    "use" and authorization of $140,433,000 for fiscal year 1967 for
    authorization of $144,755,000 for fiscal year 1966, and added
    subsec. (b).
      1965 - Pub. L. 89-171 substituted "1966" and "$144,755,000" for
    "1965" and "$134,272,400", respectively.
      1964 - Pub. L. 88-633 substituted "1965" and "$134,272,400" for
    "1964" and "$136,050,000", respectively, and prohibited
    contribution of funds for payment of costs of volunteer manpower
    programs.
      1963 - Pub. L. 88-205 substituted "1964" and "$136,050,000" for
    "1963" and "$148,900,000", respectively.
      1962 - Pub. L. 87-565 substituted "1963" and "$148,900,000" for
    "1962" and "$153,500,000", respectively.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
    REPORT TO CONGRESS ON PALESTINE REFUGEE RATION DISTRIBUTION SYSTEM
      Section 117(b)(2) of Pub. L. 95-424 which provided that, not
    later than Jan. 31, 1979, the Secretary of State provide the
    Committee on Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives with a full
    and detailed report on the progress made by the Commissioner-
    General of the United Nations Relief and Works Agency to improve
    the ration distribution system so that food to Palestine refugees
    can be more equitably distributed on the basis of need, rather than
    entitlement, was repealed by Pub. L. 97-113, title VII, Sec.
    734(a)(5), Dec. 29, 1981, 95 Stat. 1560.

      AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS TO THE WORLD
                             ASSEMBLY ON AGING
      Section 117(e) of Pub. L. 95-424 provided that: "In addition to
    amounts otherwise available for such purpose, there are authorized
    to be appropriated to the President not to exceed $1,000,000 for
    contributions to the World Assembly on Aging to be convened under
    the auspices of the United Nations, except that the amount so
    contributed may not exceed 25 percent of the expenditures of such
    Assembly. Amounts appropriated under this subsection [this note]
    are authorized to remain available until expended."

-End-



-CITE-
    22 USC Sec. 2223                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2223. Indus Basin development

-STATUTE-
      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 section 55305 of title 46,
    whenever the President determines that such provisions cannot be
    fully satisfied without seriously impeding or preventing
    accomplishment of the purposes of such programs: Provided, That
    compensating allowances are made in the administration of other
    programs to the same or other areas to which the requirements of
    said section 55305 of title 46 are applicable.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 303, Sept. 4, 1961, 75 Stat. 433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
      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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      In text, "section 55305 of title 46" substituted for "section
    901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C.
    1241)" and "said section 55305" substituted for "said section
    901(b)" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006,
    120 Stat. 1709, which Act enacted section 55305 of Title 46,
    Shipping.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2224                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2224. Repealed.

-MISC1-
    Sec. 2224. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. I, Sec. 304, as added Pub. L. 90-
    137, pt. I, Sec. 110(c), Nov. 14, 1967, 81 Stat. 454, related to
    exploration by the President of means and prospects of establishing
    improved peacekeeping arrangements for standby forces maintained by
    the United Nations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2225                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2225. Integration of women

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 305, as added Pub. L. 93-559, Sec. 54,
    Dec. 30, 1974, 88 Stat. 1818; amended Pub. L. 94-161, title III,
    Sec. 313(b), Dec. 20, 1975, 89 Stat. 866; Pub. L. 95-88, title I,
    Sec. 118(b), Aug. 3, 1977, 91 Stat. 540.)


-MISC1-
                                AMENDMENTS                            
      1977 - Pub. L. 95-88 inserted request that President, in making
    United States contributions, take into account the progress, or
    lack of progress, of 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.
      1975 - Pub. L. 94-161 corrected the credit to read "pt. I" rather
    than "pt. III".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2226                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2226. Reports on international organizations

-STATUTE-
      The annual reports to the Congress under section 262a of this
    title, shall be submitted within nine months after the end of the
    fiscal year to which they relate.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 306, as added Pub. L. 96-533, title
    VII, Sec. 703, Dec. 16, 1980, 94 Stat. 3157; amended Pub. L. 105-
    362, title XIII, Sec. 1301(b), Nov. 10, 1998, 112 Stat. 3293.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-362 struck out subsec. (a) designation and
    struck out subsec. (b) which related to President's semiannual
    reports to Congress concerning voluntary contributions by United
    States Government to international organizations.

-End-



-CITE-
    22 USC Sec. 2227                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2227. Withholding of United States proportionate share for
      certain programs of international organizations

-STATUTE-
    (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, Libya, Iran, Cuba, or the Palestine Liberation
    Organization or for projects whose purpose is to provide benefits
    to the Palestine Liberation Organization or entities associated
    with it, or at the discretion of the President, Communist countries
    listed in section 2370(f) of this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 307, as added Pub. L. 99-83, title IV,
    Sec. 403, Aug. 8, 1985, 99 Stat. 219; amended Pub. L. 103-236,
    title IV, Sec. 431(a), Apr. 30, 1994, 108 Stat. 459; Pub. L. 105-
    277, div. A, Sec. 101(d) [title V, Sec. 516], div. G, subdiv. B,
    title XXVIII, Sec. 2809(a), Oct. 21, 1998, 112 Stat. 2681-150, 2681-
    174, 2681-849; Pub. L. 107-228, div. B, title XIII, Sec. 1342,
    Sept. 30, 2002, 116 Stat. 1451; Pub. L. 109-13, div. A, title II,
    Sec. 2101, May 11, 2005, 119 Stat. 266.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Foreign Relations Authorization Act, Fiscal Year
    2003, referred to in subsec. (d)(1), is section 3 of Pub. L. 107-
    228, which is set out as a note under section 2651 of this title.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-13 struck out "Iraq," after
    "Burma,".
      2002 - Subsec. (d). Pub. L. 107-228 added subsec. (d).
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(d) [title V, Sec.
    516], inserted before period at end ", or at the discretion of the
    President, Communist countries listed in section 2370(f) of this
    title".
      Subsec. (c). Pub. L. 105-277, Sec. 2809(a), designated existing
    provisions as par. (1), substituted "Subject to paragraph (2), the
    limitations" for "The limitations", and added par. (2).
      1994 - Subsec. (a). Pub. L. 103-236, Sec. 431(a)(1), substituted
    "Burma, Iraq, North Korea, Syria" for "the South-West Africa
    People's Organization".
      Subsec. (c). Pub. L. 103-236, Sec. 431(a)(2), added subsec. (c).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2228                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part III - International Organizations and Programs

-HEAD-
    Sec. 2228. International Youth Opportunity Fund

-STATUTE-
    (a) Findings
      Consistent with the report of the National Commission on
    Terrorist Attacks Upon the United States, Congress makes the
    following findings:
        (1) Education 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 terrorism.
        (2) Education in the Middle East about the world outside that
      region is weak.
        (3) The United Nations has rightly equated literacy with
      freedom.
        (4) The international community is moving toward setting a
      concrete goal of reducing by half the illiteracy rate in the
      Middle East by 2010, through the implementation of education
      programs targeting women and girls and programs for adult
      literacy, and by other means.
        (5) To be effective, efforts to improve education in the Middle
      East must also include - 
          (A) support for the provision of basic education tools, such
        as textbooks that translate more of the world's knowledge into
        local languages and local libraries to house such materials;
        and
          (B) more vocational education in trades and business skills.

        (6) The Middle East can benefit from some of the same programs
      to bridge the digital divide that already have been developed for
      other regions of the world.
    (b) International Youth Opportunity Fund
      (1) Establishment
        The Secretary of State is authorized to establish through an
      existing international organization, such as the United Nations
      Educational, Science and Cultural Organization (UNESCO) or other
      similar body, an International Youth Opportunity Fund to provide
      financial assistance for the improvement of public education in
      the Middle East and other countries of strategic interest with
      predominantly Muslim populations.
      (2) International participation
        The Secretary should seek the cooperation of the international
      community in establishing and generously supporting the Fund.

-SOURCE-
    (Pub. L. 108-458, title VII, Sec. 7114, Dec. 17, 2004, 118 Stat.
    3798.)

-COD-
                               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.

-End-


-CITE-
    22 USC Part IV - Supporting Assistance                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IV - Supporting Assistance

-HEAD-
                      PART IV - SUPPORTING ASSISTANCE                  


-MISC1-
    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
    (Sec. 2346 et seq.) of this chapter, or to appropriate sections
    thereof. See section 202(b) of Pub. L. 92-226, set out as a note
    under section 2346 of this title.

-End-



-CITE-
    22 USC Secs. 2241 to 2243                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IV - Supporting Assistance

-HEAD-
    Secs. 2241 to 2243. Repealed.

-MISC1-
    Secs. 2241 to 2243. Repealed. Pub. L. 92-226, pt. II, Sec. 202(b),
      Feb. 7, 1972, 86 Stat. 27.
      Section 2241, Pub. L. 87-195, pt. I, Sec. 401, Sept. 4, 1961, 75
    Stat. 434; Pub. L. 89-583, pt. I, Sec. 108(a), Sept. 19, 1966, 80
    Stat. 801; Pub. L. 90-137, pt. I, Sec. 111(a), Nov. 14, 1967, 81
    Stat. 454, provided for general authority and limitation on
    countries to receive assistance.
      Section 2242, Pub. L. 87-195, pt. I, Sec. 402, Sept. 4, 1961, 75
    Stat. 434; Pub. L. 87-565, pt. I, Sec. 108, Aug. 1, 1962, 76 Stat.
    259; Pub. L. 88-205, pt. I, Sec. 109, Dec. 16, 1963, 77 Stat. 383;
    Pub. L. 88-633, pt. I, Sec. 107, Oct. 7, 1964, 78 Stat. 1010; Pub.
    L. 89-171, pt. I, Sec. 107, Sept. 6, 1965, 79 Stat. 656; Pub. L. 89-
    371, Sec. 1, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583, pt. I,
    Sec. 108(b), Sept. 19, 1966, 80 Stat. 801; Pub. L. 90-137, pt. I,
    Sec. 111(b), Nov. 14, 1967, 81 Stat. 454; Pub. L. 90-554, pt. I,
    Sec. 109, Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175, pt. I, Sec.
    109, Dec. 30, 1969, 83 Stat. 819; Pub. L. 91-652, Sec. 5, Jan. 5,
    1971; 84 Stat. 1942, provided for authorization of appropriations,
    executive approval of budgeting of proceeds by Vietnam for economic
    assistance projects or programs, and executive approval of
    accommodation rate of exchange between United States and Vietnam.
      Section 2243, Pub. L. 87-195, pt. I, Sec. 403, as added Pub. L.
    90-137, pt. I, Sec. 111(c), Nov. 14, 1967, 81 Stat. 454, provided
    for United States refund claims.
      For subject matters of sections 2241 to 2243 of this title, see
    sections 2346, 2346a, and 2346b of this title, respectively.

-End-


-CITE-
    22 USC Part V - Contingencies                               01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part V - Contingencies

-HEAD-
                          PART V - CONTINGENCIES                      

-End-



-CITE-
    22 USC Sec. 2261                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part V - Contingencies

-HEAD-
    Sec. 2261. Authorization of appropriations

-STATUTE-
    (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, Sec. 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 451, Sept. 4, 1961, 75 Stat. 434; Pub.
    L. 87-565, pt. I, Sec. 109, Aug. 1, 1962, 76 Stat. 259; Pub. L. 88-
    205, pt. I, Sec. 110, Dec. 16, 1963, 77 Stat. 384; Pub. L. 88-633,
    pt. I, Sec. 108, Oct. 7, 1964, 78 Stat. 1010; Pub. L. 89-171, pt.
    I, Sec. 108, Sept. 6, 1965, 79 Stat. 656; Pub. L. 89-371, Sec. 2,
    Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583, pt. I, Sec. 109, Sept.
    19, 1966, 80 Stat. 801; Pub. L. 90-137, pt. I, Sec. 112, Nov. 14,
    1967, 81 Stat. 455; Pub. L. 90-554, pt. I, Sec. 110, Oct. 8, 1968,
    82 Stat. 962; Pub. L. 91-175, pt. I, Sec. 110, Dec. 30, 1969, 83
    Stat. 819; Pub. L. 91-652, Sec. 6(a), Jan. 5, 1971, 84 Stat. 1942;
    Pub. L. 92-226, pt. I, Sec. 108, Feb. 7, 1972, 86 Stat. 24; Pub. L.
    93-189, Sec. 10, Dec. 17, 1973, 87 Stat. 719; Pub. L. 93-559, Sec.
    28(c), Dec. 30, 1974, 88 Stat. 1803; Pub. L. 94-329, title V, Sec.
    503(2), June 30, 1976, 90 Stat. 763; Pub. L. 95-92, Sec. 2, Aug. 4,
    1977, 91 Stat. 614; Pub. L. 95-384, Sec. 2, Sept. 26, 1978, 92
    Stat. 730; Pub. L. 96-92, Sec. 2(b), Oct. 29, 1979, 93 Stat. 701;
    Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat.
    1560; Pub. L. 101-513, title V, Sec. 588, Nov. 5, 1990, 104 Stat.
    2056.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(1), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of this subchapter are deemed to include a
    reference to section 2293 of this title. See section 2293(d)(1) of
    this title.

                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-513 struck out "not to exceed
    $10,000,000 of" after "authorized to use" and "in any fiscal year"
    after "funds made available", substituted "unanticipated
    contingencies" for "emergency purposes", and directed the amendment
    of subsec. (a) by inserting before the period ", 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", which was
    executed by making the insertion before the period in par. (1) to
    reflect the probable intent of Congress.
      1981 - Subsec. (b). Pub. L. 97-113 struck out subsec. (b) which
    required quarterly Presidential reports to Committees of Senate and
    Speaker of House on the programming and obligation of funds under
    this section.
      1979 - Subsec. (a)(1). Pub. L. 96-92 designated existing
    provisions as par. (1), substituted authorization of $10,000,000
    when made available in any fiscal year for emergency purposes for
    appropriation authorization of $5,000,000 for emergency purposes in
    fiscal year 1979, and deleted provision making appropriated amounts
    available until expended.
      Subsec. (a)(2). Pub. L. 96-92 added par. (2).
      1978 - Subsec. (a). Pub. L. 95-384 substituted "fiscal year 1979
    not to exceed $5,000,000" for "fiscal year 1978 not to exceed
    $5,000,000".
      1977 - Subsec. (a). Pub. L. 95-92 substituted provisions
    authorizing appropriations of not to exceed $5,000,000 for fiscal
    year 1978, for provisions authorizing appropriations of not to
    exceed $5,000,000 for fiscal years 1976 and 1977.
      1976 - Subsec. (a). Pub. L. 94-329 substituted "fiscal year 1976
    not to exceed $5,000,000 and for the fiscal year 1977 not to exceed
    $5,000,000" for "fiscal year 1975 not to exceed $5,000,000," and
    "authorized by subchapter I of this chapter for any emergency" for
    "authorized by this subchapter or by section 2399 of this title for
    any emergency" and inserted provision authorizing that funds
    appropriated remain available until expended.
      1974 - Subsec. (a). Pub. L. 93-559 substituted appropriations
    authorization of $5,000,000 for fiscal year 1975 for prior
    authorization of $30,000,000 for fiscal years 1974, and 1975, and
    authorized assistance under section 2399 of this title and for any
    emergency purpose.
      Subsec. (b). Pub. L. 93-559 substantially reenacted subsec. (b)
    provisions, substituting "submit" for "provide".
      Subsec. (c). Pub. L. 93-559 added subsec. (c).
      1973 - Subsec. (a). Pub. L. 93-189 substituted provisions
    authorizing the appropriation of not to exceed $30,000,000 for each
    of the fiscal years 1974 and 1975, for provisions authorizing the
    appropriation of not to exceed $30,000,000 for each of the fiscal
    years 1972 and 1973, substituted "to provide assistance authorized
    by this subchapter primarily for disaster relief purposes, in
    accordance with the provisions applicable to the furnishing of such
    assistance", for "for use by the President for assistance
    authorized by this subchapter in accordance with the provisions
    applicable to the furnishing of such assistance, when he determines
    such use to be important to the national interest", and struck out
    a proviso for the use of $15,000,000, in addition to any other
    available funds, out of the funds appropriated for fiscal year 1971
    for the flood victims of the East Pakistan flood.
      1972 - Subsec. (a). Pub. L. 92-226 authorized appropriations not
    to exceed $30,000,000 for fiscal years 1972 and 1973, and struck
    out provision for authorization of not to exceed $15,000,000 for
    fiscal year 1970, and not to exceed $30,000,000 for fiscal year
    1971.
      1971 - Subsec. (a). Pub. L. 91-652 substituted "1971 not to
    exceed $30,000,000" for "1971 not to exceed $15,000,000", and
    inserted proviso which required $15,000,000 of the amount
    authorized for the fiscal year 1971 to be used for the relief of
    cyclone, etc., victims in East Pakistan.
      1969 - Subsec. (a). Pub. L. 91-175 substituted " fiscal year 1970
    not to exceed $15,000,000, and for the fiscal year 1971 not to
    exceed $15,000,000" for "fiscal year 1968 not to exceed
    $50,000,000, and for the fiscal year 1969 not to exceed
    $10,000,000".
      1968 - Subsec. (a). Pub. L. 90-554 authorized an appropriation of
    $10,000,000 for fiscal year 1969.
      1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" and
    "$50,000,000" for "1967" and "$110,000,000", respectively.
      1966 - Subsec. (a). Pub. L. 89-583, Sec. 109(a), substituted
    "1967" and "$110,000,000" for "1966" and "$150,000,000",
    respectively, and struck out second and third sentences which
    authorized withholding of assistance, from fiscal year 1966 funds,
    to any country permitting transportation of equipment, materials,
    or commodities to or from North Vietnam unless contrary to national
    interest of United States and authorized the appropriation of such
    sums, not to exceed $89,000,000, as may be necessary in the fiscal
    year 1966 for programs authorized by subchapters I and II of this
    chapter, to the President for use in Southeast Asia.
      Pub. L. 89-371 substituted "$150,000,000" for "$50,000,000" and
    authorized withholding of assistance, from fiscal 1966 funds, to
    any country permitting transportation of equipment, materials, or
    commodities to or from North Vietnam unless contrary to national
    interest of United States.
      Subsec. (b). Pub. L. 89-583, Sec. 109(b), struck out "the first
    sentence of" before "subsection (a)".
      1965 - Subsec. (a). Pub. L. 89-171, Sec. 108(a), substituted
    "1966" and "$50,000,000" for "1965" and "$150,000,000",
    respectively, and authorized the appropriation of such sums, not to
    exceed $89,000,000, as may be necessary in the fiscal year 1966 for
    programs authorized by subchapters I and II of this chapter, to the
    President for use in Southeast Asia.
      Subsec. (b). Pub. L. 89-171, Sec. 108(b), substituted "the first
    sentence of subsection (a) of this section" for "this section".
      1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and
    "$150,000,000" for "1964" and "$160,000,000", respectively.
      1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" and
    "$160,000,000" for "1963" and "$300,000,000", respectively.
      1962 - Subsec. (a). Pub. L. 87-565, Sec. 109(a), substituted
    "1963" for "1962".
      Subsec. (b). Pub. L. 87-565, Sec. 109(b), substituted "provide
    quarterly reports to" for "keep", and "on the programing and the
    obligation" for "currently informed of the use".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
      APPROPRIATION FOR DISASTER RELIEF OF UNALLOCATED EXCESS FOREIGN
                        CURRENCIES HELD IN PAKISTAN
      Section 6(b) of Pub. L. 91-652 authorized the appropriation of
    excess foreign currencies held in Pakistan not allocated on Jan. 5,
    1971, for a period of one year from such date to help Pakistan
    withstand the disaster which had occurred.

-End-



-CITE-
    22 USC Sec. 2262                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part V - Contingencies

-HEAD-
    Sec. 2262. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. I, Sec. 494, formerly Sec. 452, as
    added Pub. L. 93-333, Sec. 2(2), July 8, 1974, 88 Stat. 290;
    renumbered Pub. L. 94-161, title I, Sec. 101(4), Dec. 20, 1975, 89
    Stat. 850, authorizing appropriations for disaster relief in
    Pakistan and Nicaragua, was transferred to section 2292c of this
    title.

-End-


-CITE-
    22 USC Part VI - Central America Democracy, Peace, and
           Development Initiative                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
        PART VI - CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT
                                INITIATIVE

-End-



-CITE-
    22 USC Sec. 2271                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
    Sec. 2271. Statement of policy

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 461, as added Pub. L. 99-83, title
    VII, Sec. 701, Aug. 8, 1985, 99 Stat. 234.)

-COD-
                               CODIFICATION                           
      Another section 461 of Pub. L. 87-195 is classified to section
    2281 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2271, Pub. L. 87-195, pt. I, Sec. 461, Sept. 4,
    1961, 75 Stat. 434; Pub. L. 87-565, pt. I, Sec. 110, Aug. 1, 1962,
    76 Stat. 259; Pub. L. 90-137, pt. I, Sec. 113, Nov. 14, 1967, 81
    Stat. 455, related to emphasis on programs in agrarian countries
    which reach people who are engaged in agrarian pursuits, prior to
    repeal by Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978, 92
    Stat. 961, eff. Oct. 1, 1978.

                              EFFECTIVE DATE                          
      Part effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,
    set out as an Effective Date of 1985 Amendment note under section
    2151-1 of this title.

-End-



-CITE-
    22 USC Sec. 2272                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
    Sec. 2272. Conditions on furnishing assistance

-STATUTE-
      The President shall ensure that assistance authorized by this
    chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.] to
    Central American countries is furnished in a manner which fosters
    demonstrated progress toward and commitment to the objectives set
    forth in section 2271 of this title. Where necessary to achieve
    this purpose, the President shall impose conditions on the
    furnishing of such assistance. In carrying out this section, the
    President shall consult with the Congress in regard to progress
    toward the objectives set forth in section 2271 of this title, and
    any conditions imposed on the furnishing of assistance in
    furtherance of those objectives.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 462, as added Pub. L. 99-83, title
    VII, Sec. 701, Aug. 8, 1985, 99 Stat. 235.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in text, is Pub. L. 90-
    629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
    principally to chapter 39 (Sec. 2751 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2751 of this title and Tables.

-COD-
                               CODIFICATION                           
      Another section 462 of Pub. L. 87-195 is classified to section
    2282 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2273                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
    Sec. 2273. Peace process in Central America

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 463, as added Pub. L. 99-83, title
    VII, Sec. 701, Aug. 8, 1985, 99 Stat. 235.)

-COD-
                               CODIFICATION                           
      Another section 463 of Pub. L. 87-195 is classified to section
    2283 of this title.

-End-



-CITE-
    22 USC Sec. 2274                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
    Sec. 2274. Economic assistance coordination

-STATUTE-
    (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 section 2394-
    1 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 464, as added Pub. L. 99-83, title
    VII, Sec. 701, Aug. 8, 1985, 99 Stat. 235.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Another section 464 of Pub. L. 87-195 is classified to section
    2284 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2275                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
    Sec. 2275. Authorization of appropriations

-STATUTE-
    (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 [22 U.S.C. 2501 et seq.], the
    Migration and Refugee Assistance Act of 1962 [22 U.S.C. 2601 et
    seq.], the United States Information and Education Exchange Act of
    1948 [22 U.S.C. 1431 et seq.], the Mutual Educational and Cultural
    Exchange Act of 1961 [22 U.S.C. 2451 et seq.], the National
    Endowment for Democracy Act [22 U.S.C. 4411 et seq.], and the State
    Department Basic Authorities Act of 1956.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 465, as added Pub. L. 99-83, title
    VII, Sec. 701, Aug. 8, 1985, 99 Stat. 237.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Peace Corps Act, referred to in subsec. (b), is Pub. L. 87-
    293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified
    principally to chapter 34 (Sec. 2501 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2501 of this title and Tables.
      The Migration and Refugee Assistance Act of 1962, referred to in
    subsec. (b), is Pub. L. 87-510, June 28, 1962, 76 Stat. 121, as
    amended, which is classified principally to chapter 36 (Sec. 2601
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 2601 of this
    title and Tables.
      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, 62 Stat. 6, as amended, and is classified
    generally to chapter 18 (Sec. 1431 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1431 of this title and Tables.
      The Mutual Educational and Cultural Exchange Act of 1961,
    referred to in subsec. (b), is Pub. L. 87-256, Sept. 21, 1961, 75
    Stat. 527, as amended, which is classified principally to chapter
    33 (Sec. 2451 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2451 of this title and Tables.
      The National Endowment for Democracy Act, referred to in subsec.
    (b), is title V of Pub. L. 98-164, Nov. 22, 1983, 97 Stat. 1039, as
    amended, which is classified generally to subchapter II (Sec. 4411
    et seq.) of chapter 54 of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    4411 of this title and Tables.
      The State Department Basic Authorities Act of 1956, referred to
    in subsec. (b), is act Aug. 1, 1956, ch. 841, 70 Stat. 890, as
    amended, which enacted sections 2651a, 2669, 2670, 2671, 2672, 2673
    to 2679a, 2680, 2680a, 2684, 2687 to 2690, 2692, 2695, 2696 to
    2715, and 2715b to 2733 of this title and chapters 53 (Sec. 4301 et
    seq.), 53A (Sec. 4341 et seq.), and 53B (Sec. 4351 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2651 of this title and
    Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Another section 465 of Pub. L. 87-195 is classified to section
    2285 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2276                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VI - Central America Democracy, Peace, and Development
               Initiative                            

-HEAD-
    Sec. 2276. "Central American countries" defined

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 466, as added Pub. L. 99-83, title
    VII, Sec. 701, Aug. 8, 1985, 99 Stat. 237.)

-COD-
                               CODIFICATION                           
      Another section 466 of Pub. L. 87-195 is classified to section
    2286 of this title.

-End-


-CITE-
    22 USC Part VII - Debt-for-Nature Exchanges                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

                   PART VII - DEBT-FOR-NATURE EXCHANGES               

-End-



-CITE-
    22 USC Sec. 2281                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

    Sec. 2281. "Debt-for-nature exchange" defined

-STATUTE-
      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 section 2283 of this
      title); or
        (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).

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 461 [471], as added Pub. L. 101-240,
    title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2521.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2283 of this title, referred to in par. (1), was in the
    original "section 463", meaning section 463 of Pub. L. 87-195,
    which has been translated as meaning section 463 of Pub. L. 87-195
    relating to eligible projects rather than section 463 of Pub. L. 87-
    195, relating to the peace process in Central America, which is
    classified to section 2273 of this title.

-COD-
                               CODIFICATION                           
      Another section 461 of Pub. L. 87-195 is classified to section
    2271 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2281, Pub. L. 87-195, pt. I, Sec. 471, as added
    Pub. L. 89-583, pt. I, Sec. 110, Sept. 19, 1966, 80 Stat. 802,
    related to agreements with less developed countries for
    establishment of Joint Commissions on Rural Development, prior to
    repeal by Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978, 92
    Stat. 961, effective Oct. 1, 1978.

-End-



-CITE-
    22 USC Sec. 2282                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

    Sec. 2282. Assistance for commercial debt exchanges

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 462 [472], as added Pub. L. 101-240,
    title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2521.)

-COD-
                               CODIFICATION                           
      Another section 462 of Pub. L. 87-195 is classified to section
    2272 of this title.

-End-



-CITE-
    22 USC Sec. 2283                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

    Sec. 2283. Eligible projects

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 463 [473], as added Pub. L. 101-240,
    title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2522.)

-COD-
                               CODIFICATION                           
      Another section 463 of Pub. L. 87-195 is classified to section
    2273 of this title.

-End-



-CITE-
    22 USC Sec. 2284                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

    Sec. 2284. Eligible countries

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 464 [474], as added Pub. L. 101-240,
    title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2522.)

-COD-
                               CODIFICATION                           
      Another section 464 of Pub. L. 87-195 is classified to section
    2274 of this title.

-End-



-CITE-
    22 USC Sec. 2285                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

    Sec. 2285. Terms and conditions

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 465 [475], as added Pub. L. 101-240,
    title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2522.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Another section 465 of Pub. L. 87-195 is classified to section
    2275 of this title.

-End-



-CITE-
    22 USC Sec. 2286                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VII - Debt-for-Nature Exchanges

    Sec. 2286. Pilot program for sub-Saharan Africa

-STATUTE-
    (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.


-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 466 [476], as added Pub. L. 101-240,
    title VII, Sec. 711, Dec. 19, 1989, 103 Stat. 2523.)

-COD-
                               CODIFICATION                           
      Another section 466 of Pub. L. 87-195 is classified to section
    2276 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "paragraph (1)".


-End-


-CITE-
    22 USC Part VIII - International Narcotics Control          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
                PART VIII - INTERNATIONAL NARCOTICS CONTROL            

-End-



-CITE-
    22 USC Sec. 2291                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291. Policy, general authorities, coordination, foreign
      police actions, definitions, and other provisions

-STATUTE-
    (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 chapter 1 of the National Narcotics Leadership
      Act of 1988,(!1) the Secretary of State shall be responsible for
      coordinating all assistance provided by the United States
      Government to support international efforts to combat illicit
      narcotics production or trafficking.

      (2) Rule of construction
        Nothing contained in this subsection or section 2291h(b) of
      this title shall be construed to limit or impair the authority or
      responsibility of any other Federal agency with respect to law
      enforcement, domestic security operations, or intelligence
      activities as defined in Executive Order 12333.
    (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 section 2291h(a) of this
      title, the President shall report on the impact on the
      environment and the health of individuals of the use under this
      part of a herbicide for aerial eradication.
      (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 section 2394-1 of
          this title,
            (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 [22 U.S.C. 2751 et seq.];
          (C) the provision of agricultural commodities, other than
        food, under the Agricultural Trade Development and Assistance
        Act of 1954 [7 U.S.C. 1691 et seq.]; and
          (D) financing under the Export-Import Bank Act of 1945 [12
        U.S.C. 635 et seq.];

        (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 section 802 of
      title 21;
        (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 481, as added Pub. L. 92-352, title V,
    Sec. 503, July 13, 1972, 86 Stat. 496; amended Pub. L. 93-189, Sec.
    11(a), Dec. 17, 1973, 87 Stat. 719; Pub. L. 94-329, title V, Sec.
    504(b), June 30, 1976, 90 Stat. 764; Pub. L. 95-384, Secs. 3, 4,
    Sept. 26, 1978, 92 Stat. 730; Pub. L. 96-92, Sec. 3(b), Oct. 29,
    1979, 93 Stat. 702; Pub. L. 97-113, title V, Sec. 502(a)(1), (b),
    title VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1538, 1539,
    1560; Pub. L. 98-164, title X, Sec. 1003, Nov. 22, 1983, 97 Stat.
    1053; Pub. L. 99-83, title VI, Secs. 604-606, 618, Aug. 8, 1985, 99
    Stat. 228, 229, 233; Pub. L. 99-570, title II, Secs. 2005, 2008,
    2009, 2017, Oct. 27, 1986, 100 Stat. 3207-61, 3207-64, 3207-68;
    Pub. L. 100-202, Sec. 101(e) [title V, Sec. 585(a)], Dec. 22, 1987,
    101 Stat. 1329-131, 1329-184; Pub. L. 100-204, title VIII, Sec.
    805, Dec. 22, 1987, 101 Stat. 1397; Pub. L. 100-461, title V, Sec.
    578(e)(2), (g)(1), (3), (h), (i), Oct. 1, 1988, 102 Stat. 2268-47,
    2268-48; Pub. L. 100-690, title IV, Sec. 4202(b), 4401-4403,
    4405(a), 4407(a), (b)(1), 4502, 4802(b), Nov. 18, 1988, 102 Stat.
    4267, 4275-4277, 4281, 4285, 4294; Pub. L. 101-231, Secs. 15, 17(a)-
    (f), Dec. 13, 1989, 103 Stat. 1963-1965; Pub. L. 102-550, title
    XV, Sec. 1519, Oct. 28, 1992, 106 Stat. 4060; Pub. L. 102-583,
    Secs. 4(a)-(d), 5(b), 6(b)(1)-(3), 11(a), Nov. 2, 1992, 106 Stat.
    4914, 4915, 4931, 4932, 4934; Pub. L. 103-447, title I, Sec.
    101(a), (b), Nov. 2, 1994, 108 Stat. 4691; Pub. L. 104-164, title
    I, Sec. 131(a), July 21, 1996, 110 Stat. 1429; Pub. L. 105-20, Sec.
    2(b), June 27, 1997, 111 Stat. 234.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Narcotics Leadership Act of 1988, referred to in
    subsec. (b)(1), is subtitle A of title I of Pub. L. 100-690, Nov.
    18, 1988, 102 Stat. 4181, as amended. Chapter 1 of the Act was
    classified principally to subchapter I (Sec. 1501 et seq.) of
    chapter 20 of Title 21, Food and Drugs, prior to repeal by Pub. L.
    100-690, title I, Sec. 1009, Nov. 18, 1988, 102 Stat. 4188. For
    complete classification of this Act to the Code, see Tables.
      Executive Order Number 12333, referred to in subsec. (b)(2), is
    set out as a note under section 401 of Title 50, War and National
    Defense.
      This chapter, referred to in subsec. (e)(4)(A), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (e)(4)(B), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (e)(4)(C), is act July 10, 1954, ch. 469, 68
    Stat. 454, as amended, which is classified principally to chapter
    41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1691 of Title 7 and Tables.
      The Export-Import Bank Act of 1945, referred to in subsec.
    (e)(4)(D), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,
    which is classified generally to subchapter I (Sec. 635 et seq.) of
    chapter 6A of Title 12, Banks and Banking. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 635 of Title 12 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 481 of Pub. L. 87-195, pt. I, as added Pub. L. 92-
    226, pt. I, Sec. 109, Feb. 7, 1972, 86 Stat. 24, contained similar
    subject matter, prior to repeal by section 503 of Pub. L. 92-352.

                                AMENDMENTS                            
      1997 - Subsec. (b)(1). Pub. L. 105-20 substituted reference to
    chapter 1 of the National Narcotics Leadership Act of 1988 for
    reference to subtitle A of title I of the Anti-Drug Abuse Act of
    1988.
      1996 - Subsec. (a)(1)(D) to (G). Pub. L. 104-164, Sec. 131(a)(1),
    added subpar. (D) and redesignated former subpars. (D) to (F) as
    (E) to (G), respectively.
      Subsec. (a)(4). Pub. L. 104-164, Sec. 131(a)(2), inserted ", or
    for other anticrime purposes" before period at end.
      1994 - Subsec. (d)(2) to (4). Pub. L. 103-447, Sec. 101(a),
    redesignated pars. (3) and (4) as (2) and (3), respectively, and
    struck out heading and text of former par. (2). Text read as
    follows: "The Secretary of State shall inform the Secretary of
    Health and Human Services and the Administrator of the
    Environmental Protection Agency of the use or intended use by any
    country or international organization of any herbicide for aerial
    eradication in a program receiving assistance under this part."
      Subsec. (e). Pub. L. 103-447, Sec. 101(b)(1), substituted "For"
    for "Except as provided in sections 2291j(h) and (i) of this title
    with respect to the definition of major illicit drug producing
    country and major drug-transit country, for".
      Subsec. (e)(2). Pub. L. 103-447, Sec. 101(b)(2), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "the term
    'major illicit drug producing country' means a country that
    illicitly produces during a fiscal year 5 metric tons or more of
    opium or opium derivative, 500 metric tons or more of coca, or 500
    metric tons or more of marijuana;".
      Subsec. (e)(6) to (8). Pub. L. 103-447, Sec. 101(b)(3)-(5), added
    pars. (6) and (7) and redesignated former par. (6) as (8).
      1992 - Pub. L. 102-583, Sec. 4(a), added section catchline and
    struck out former catchline which read as follows: "International
    narcotics control".
      Subsec. (a)(1). Pub. L. 102-583, Sec. 4(a), added par. (1) and
    struck out former par. (1) which read as follows: "It is the sense
    of the Congress that - 
        "(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). Pub. L. 102-550, Sec. 1519(a), struck
    out "and" at end of subpar. (D), added subpar. (E), and
    redesignated former subpar. (E) as (F).
      Subsec. (a)(2). Pub. L. 102-583, Sec. 4(b), inserted ", including
    reciprocal maritime agreements," after "agreements".
      Subsec. (b). Pub. L. 102-583, Sec. 4(c), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Not
    later than September 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 complete and
    detailed midyear report on the activities and operations carried
    out under this part prior to such date. Such midyear report shall
    include, but not be limited to, the status of each agreement
    concluded prior to such date with other countries to carry out the
    purposes of this part."
      Subsec. (c)(4). Pub. L. 102-583, Sec. 4(d), inserted "or
    archipelagic waters" after "sea".
      Subsec. (d)(3). Pub. L. 102-583, Sec. 6(b)(1), substituted
    "section 2291h(a) of this title" for "subsection (e) of this
    section".
      Subsec. (e). Pub. L. 102-583, Secs. 6(b)(2), (3), 11(a),
    redesignated subsec. (i) as (e), substituted "Except as provided in
    sections 2291j(h) and (i) of this title with respect to the
    definition of major illicit drug producing country and major drug-
    transit country, for purposes of this part and other provisions of
    this chapter relating specifically to international narcotics
    matters" for "As used in this section" in introductory provisions,
    substituted "; and" for period at end of par. (5), added par. (6),
    and struck out former subsec. (e) which directed President to make
    annual reports to the Speaker of the House of Representatives and
    the Committee on Foreign Relations of the Senate related to United
    States policy to promote an international strategy against the
    cultivation, and manufacture of and traffic in controlled
    substances, and described contents of those reports.
      Pub. L. 102-550, Sec. 1519(b), added par. (7) and redesignated
    former pars. (7) and (8) as (8) and (9), respectively. As added,
    par. (7) read as follows:
      "(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). Pub. L. 102-583, Sec. 6(b)(2), struck out
    subsec. (f) relating to consultation with members of Congress,
    subsec. (g) relating to congressional committee hearings, and
    subsec. (h) relating to annual certification procedures.
      Subsec. (i). Pub. L. 102-583, Sec. 6(b)(3), redesignated subsec.
    (i) as (e).
      Subsec. (i)(4). Pub. L. 102-583, Sec. 5(b), amended par. (4)
    generally. Prior to amendment, par. (4) consisted of subpars. (A)
    to (E) and concluding provisions, which defined "United States
    assistance".
      Subsec. (i)(5). Pub. L. 102-550, Sec. 1519(c), inserted "or" at
    end of subpar. (A), substituted a period for "or" at end of subpar.
    (B), and struck out subpar. (C) which read as follows: "through
    which significant sums of drug-related profits or monies are
    laundered with the knowledge or complicity of the government."
      Subsecs. (j), (k). Pub. L. 102-583, Sec. 6(b)(2), struck out
    subsec. (j) relating to actions by international bodies and subsec.
    (k) relating to procedures for determining major drug-transit
    countries.
      1989 - Subsec. (a)(1). Pub. L. 101-231, Sec. 17(a), struck out at
    end "This cooperation should include the development and
    transmittal of plans by each signatory country to the Single
    Convention on Narcotic Drugs, 1961, in which illicit narcotics and
    psychotropic crop cultivation exists, which would advise the
    International Narcotics Control Board, the United Nations
    Commission on Narcotic Drugs, and the international community of
    the strategy, programs, and timetable such country has established
    for the progressive elimination of that cultivation."
      Subsec. (b). Pub. L. 101-231, Sec. 17(b), inserted "Mid-year
    report" as heading, struck out par. (1) which required quarterly
    reports on the programming and obligation of funds under this part,
    redesignated former par. (2) as subsec. (b), and substituted "Not
    later than September" for "Not later than August".
      Subsec. (c). Pub. L. 101-231, Sec. 15, inserted "Participation in
    foreign police actions" as heading and amended text generally,
    inserting par. headings, redesignating provisions comprising former
    par. (1) as pars. (1) and (2) and, in par. (2), inserting provision
    not prohibiting presence of officers and employees when foreign
    officers are effecting an arrest, and striking out former par. (2)
    which prohibited officers or employees from engaging or
    participating in direct police action in a foreign country with
    respect to narcotics control efforts.
      Subsec. (d). Pub. L. 101-231, Sec. 17(c), inserted "Use of
    herbicides for aerial eradication" as heading and amended text
    generally, substituting pars. (1) to (4) for former pars. (1) to
    (5).
      Subsec. (h)(2)(A)(i)(IV). Pub. L. 101-231, Sec. 17(d)(1),
    substituted "illicit production" for "production".
      Subsec. (h)(2)(B)(iii). Pub. L. 101-231, Sec. 17(d)(2),
    substituted "education and treatment programs" for "treatment".
      Subsec. (h)(2)(B)(v). Pub. L. 101-231, Sec. 17(d)(3), substituted
    "essential precursor chemicals" for "precursor chemicals".
      Subsec. (h)(3)(D). Pub. L. 101-231, Sec. 17(d)(4), substituted
    "illicit production" for "production".
      Subsec. (i)(2). Pub. L. 101-231, Sec. 17(e), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "the term
    'major illicit drug producing country' means a country producing
    five metric tons or more of opium or opium derivative during a
    fiscal year or producing five hundred metric tons or more of coca
    or marijuana (as the case may be) during a fiscal year;".
      Subsec. (k)(4). Pub. L. 101-231, Sec. 17(f), struck out par. (4)
    which required that reports under subsec. (e) discuss changes made
    since notification provided pursuant to subsec. (k)(2) and (3).
      1988 - Subsec. (a)(1)(B) to (E). Pub. L. 100-690, Sec. 4502,
    added subpar. (B), and redesignated former subpars. (B) to (D) as
    (C) to (E), respectively.
      Subsec. (d)(5). Pub. L. 100-690, Sec. 4202(b), added par. (5).
      Subsec. (e)(4). Pub. L. 100-690, Sec. 4401, inserted provisions
    after first sentence requiring each determination of President to
    be expressed in numerical terms.
      Subsec. (e)(8). Pub. L. 100-690, Sec. 4402, added par. (8).
      Subsec. (h)(1). Pub. L. 100-690, Sec. 4407(a), added par. (1) and
    struck out former par. (1) which related to withholding of
    assistance to major illicit drug producing countries or major drug-
    transit countries.
      Pub. L. 100-461, Sec. 578(h), inserted before "Subject" the
    following: "Not later than October 1 of each year, the Secretary of
    State shall submit a report to the Congress of those countries
    identified by the Secretary as being major drug producing or major
    drug transit countries (including the definition used to determine
    such drug transit countries) for purposes of the withholding
    requirements contained in subparagraph (A) of this paragraph and
    the certification requirements contained in paragraph (2) of this
    subsection."
      Subsec. (h)(2). Pub. L. 100-690, Sec. 4407(a), added par. (2) and
    struck out former par. (2) which related to removal of restrictions
    imposed under par. (1).
      Subsec. (h)(2)(A)(i)(I). Pub. L. 100-461, Sec. 578(g)(3),
    inserted "or multilateral agreement which achieves the objectives
    of this subsection," after "(ii)".
      Subsec. (h)(2)(A)(ii). Pub. L. 100-461, Sec. 578(g)(1), amended
    cl. (ii) generally, substituting "A bilateral narcotics agreement
    referred to in clause (i)(I) is an agreement between the United
    States and a foreign country whereby the foreign country agrees to
    undertake specific activities including, where applicable, efforts
    to reduce drug production, drug consumption, and drug trafficking
    within its territory, including activities to address illicit crop
    eradication and crop substitution; drug interdiction and
    enforcement; drug consumption and treatment; identification and
    elimination of illicit drug laboratories; identification and
    elimination of the trafficking of precursor chemicals for the use
    in production of illegal drugs; cooperation with United States drug
    enforcement officials; and, where applicable, participation in
    extradition treaties, mutual legal assistance provisions directed
    at money laundering, sharing of evidence, and other initiatives for
    cooperative drug enforcement." for "A bilateral narcotics agreement
    referred to in clause (i)(I) is an agreement between the United
    States and a foreign country whereby the foreign country agrees to
    take specific activities including but not limited to, efforts to
    reduce drug production, drug consumption, and drug trafficking
    within its territory, including activities to address illicit crop
    eradication and crop substitution; drug interdiction and
    enforcement; drug consumption and treatment; identification of and
    elimination of illicit drug laboratories; identification and
    elimination of the trafficking of precursor chemicals for the use
    in production of illegal drugs; cooperation with United States drug
    enforcement officials; and, where applicable, participation in
    extradition treaties, mutual legal assistance provisions directed
    at money laundering, sharing of evidence, and other initiatives for
    cooperative drug enforcement."
      Subsec. (h)(2)(B). Pub. L. 100-461, Sec. 578(i), substituted
    "subparagraph (A)(i)(II)" for "clause (A)(ii)".
      Subsec. (h)(3). Pub. L. 100-690, Sec. 4407(a), added par. (3) and
    struck out former par. (3) which related to certification by
    President.
      Subsec. (h)(4). Pub. L. 100-690, Sec. 4407(a), added par. (4).
    Subpar. (A) of former par. (4), which related to Congressional
    disapproval of certification, was struck out and subpar. (B) of
    former par. (4) redesignated par. (6)(B).
      Subsec. (h)(5). Pub. L. 100-690, Sec. 4407(a), (b)(1)(A), added
    par. (5) and struck out former par. (5) which related to
    prohibition of assistance or financing to any country for which
    President has not made certification under par. (2) or with respect
    to which Congress has enacted a joint resolution disapproving such
    certification unless President makes certification or Congress
    enacts joint resolution approving certification.
      Subsec. (h)(6)(A). Pub. L. 100-690, Sec. 4407(a), added subpar.
    (A).
      Subsec. (h)(6)(B). Pub. L. 100-690, Sec. 4407(a), (b)(1)(B)(i),
    (ii), redesignated par. (4)(B) as (6)(B) and substituted "Any joint
    resolution under this subsection" for "Any such joint resolution"
    in cl. (i).
      Subsec. (h)(6)(B)(ii). Pub. L. 100-690, Sec. 4407(b)(1)(B)(iii),
    which directed substitution of "resolutions" for "resolution" was
    executed by making the substitution the first place it appears,
    thus correcting grammatical error, as the probable intent of
    Congress.
      Subsec. (i)(4)(vi). Pub. L. 100-690, Sec. 4802(b), made technical
    amendment to reference to section 2151b(c)(2) of this title to
    correct reference to corresponding section of original act.
      Subsec. (i)(4)(vii). Pub. L. 100-690, Sec. 4403, substituted
    "2151x(b)(2) of this title (but any such assistance shall be
    subject to the prior notification procedures applicable to
    reprogrammings pursuant to section 2394-1 of this title)," for
    "2151x of this title;".
      Pub. L. 100-461, Sec. 578(e)(2)(A), added cl. (vii). Former cl.
    (vii) redesignated cl. (viii).
      Subsec. (i)(4)(viii). Pub. L. 100-461, Sec. 578(e)(2)(B),
    redesignated cl. (vii) as (viii).
      Subsec. (k). Pub. L. 100-690, Sec. 4405(a), added subsec. (k).
      1987 - Subsec. (e)(7). Pub. L. 100-204, Sec. 805(a), added par.
    (7).
      Subsec. (h)(2)(A). Pub. L. 100-202 designated existing provisions
    of subpar. (A) as cl. (i), redesignated former cls. (i) and (ii) as
    subcls. (I) and (II), respectively, and in subcl. (I) inserted "in
    satisfying the goals agreed to in an applicable bilateral narcotics
    agreement with the United States, (as described in (ii)) and,"
    after "on its own,", and added cl. (ii).
      Subsec. (h)(4)(A). Pub. L. 100-204, Sec. 805(b), which directed
    that subpar. (A) of subsec. (h) of this section be amended by
    substituting "45" for "30", was executed by making the substitution
    in subpar. (A) of subsec. (h)(4) of this section to reflect the
    probable intent of Congress.
      1986 - Subsec. (a)(3), (4). Pub. L. 99-570, Sec. 2017, added par.
    (3) and redesignated former par. (3) as (4).
      Subsec. (c). Pub. L. 99-570, Sec. 2009, amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows:
      "(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). Pub. L. 99-570, Sec. 2005(b), substituted "March"
    for "February".
      Subsec. (e)(3)(D). Pub. L. 99-570, Sec. 2008, added subpar. (D).
      Subsec. (h). Pub. L. 99-570, Sec. 2005(a), amended subsec. (h)
    generally, revising and restating as pars. (1) to (5) provisions of
    former pars. (1) to (4).
      Subsec. (i)(4). Pub. L. 99-570, Sec. 2005(d), in concluding
    provisions, added cl. (vi), and redesignated former cl. (vi) as
    (vii).
      Subsec. (i)(5). Pub. L. 99-570, Sec. 2005(c), added par. (5).
      1985 - Subsec. (b). Pub. L. 99-83, Sec. 604, amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
      "(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). Pub. L. 99-83, Sec. 605, added par. (2).
      Subsec. (e)(6). Pub. L. 99-83, Sec. 606, added par. (6).
      Subsec. (h)(4). Pub. L. 99-83, Sec. 618, added par. (4).
      1983 - Subsec. (a). Pub. L. 98-164, Sec. 1003(a), amended subsec.
    (a) generally, substituting provisions relating to applicability
    and implementation of Single Convention on Narcotic Drugs, 1961,
    and development, promotion and assistance respecting international
    narcotics control, for provisions relating to agreements,
    assistance, sanctions, etc., to facilitate international narcotics
    control.
      Subsec. (e). Pub. L. 98-164, Sec. 1003(b), amended subsec. (e)
    generally, substituting requirements for annual reports on
    cultivation and manufacture of and traffic in narcotic and
    psychotropic drugs and other controlled substances and the specific
    contents of the reports for requirements for annual reports on the
    status of United States policy regarding production, interdiction,
    and interception of trafficking in narcotics.
      Subsecs. (f) to (j). Pub. L. 98-164, Sec. 1003(b), added subsecs.
    (f) to (j).
      1981 - Subsec. (c)(2). Pub. L. 97-113, Sec. 734(a)(1), struck out
    par. (2) which provided for a Presidential study of multilateral
    narcotics control activities and transmission of this study to the
    Speaker of the House and the President of the Senate no later than
    June 30, 1977.
      Subsec. (d). Pub. L. 97-113, Sec. 502(a)(1), substituted
    provisions requiring the Secretary of State to inform the Secretary
    of Health and Human Services of any use of herbicides to eradicate
    marihuana in a program receiving assistance under this part,
    directing the Secretary of Health and Human Services to monitor the
    impact on the health of persons using such marihuana and if he
    determines their exposure to the herbicide harms their health,
    report to Congress such determination with any recommendations,
    urging the President to use not less than $100,000 to develop a
    substance that clearly and readily warns potential marihuana users
    that the marihuana has been sprayed with paraquat or other
    herbicide harmful to the health of the persons using it, and
    directing the Secretary of Agriculture, if such a substance is
    developed, to use such substance in conjunction with the spraying
    of paraquat or other herbicide for provisions prohibiting the use
    of funds under this part for spraying a herbicide to eradicate
    marihuana if that practice is likely to seriously harm the health
    of users of the sprayed marihuana, except if the substance is used
    with a substance that will clearly and readily warn potential users
    of the sprayed marihuana of the use of herbicide, and requiring the
    Secretary of State to submit a report to Congress not later than
    January 1 of each year detailing efforts taken to ensure compliance
    with this subsection.
      Subsec. (e). Pub. L. 97-113, Sec. 502(b), added subsec. (e).
      1979 - Subsec. (d)(1). Pub. L. 96-92 substituted "for the purpose
    of" for "or used for any program involving".
      1978 - Subsec. (c)(1). Pub. L. 95-384, Sec. 3, inserted
    provisions prohibiting any agent or employee of the United States
    Government from interrogating, or from being present at the
    interrogation of, any United States person arrested in any foreign
    country in the absence of the written consent of the person
    arrested and provisions relating to the applicability of this
    paragraph to the activities of the United States Armed Forces.
      Subsec. (d). Pub. L. 95-384, Sec. 4, added subsec. (d).
      1976 - Subsec. (c). Pub. L. 94-329 added subsec. (c).
      1973 - Pub. L. 93-189 designated existing provisions as subsec.
    (a) and added subsec. (b).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 101(e) [title V, Sec. 585(b)] of Pub. L. 100-202 provided
    that: "The amendments made by paragraph (1) [probably means subsec.
    (a) which amended this section] shall apply with respect to any
    certification of the President under section 481(h)(2)(A) of the
    Foreign Assistance Act of 1961 [22 U.S.C. 2291(h)(2)(A)] made on or
    after March 1, 1989."

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
     PREVENTION OF SMUGGLING OF METHAMPHETAMINE INTO THE UNITED STATES
                                FROM MEXICO
      Pub. L. 109-177, title VII, Sec. 723, Mar. 9, 2006, 120 Stat.
    269, provided that:
      "(a) In General. - The Secretary of State, acting through the
    Assistant Secretary of the Bureau for International Narcotics and
    Law Enforcement Affairs, shall take such actions as are necessary
    to prevent the smuggling of methamphetamine into the United States
    from Mexico.
      "(b) Specific Actions. - In carrying out subsection (a), the
    Secretary shall - 
        "(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) Report. - Not later than one year after the date of the
    enactment of this Act [Mar. 9, 2006], and annually thereafter, the
    Secretary shall submit to the appropriate congressional committees
    a report on the implementation of this section for the prior year.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated to the Secretary to carry out this section
    $4,000,000 for each of the fiscal years 2006 and 2007."

                     REPORTS ON ACTIVITIES IN COLOMBIA                 
      Pub. L. 107-228, div. A, title VI, Sec. 694, Sept. 30, 2002, 116
    Stat. 1415, provided that:
      "(a) Report on Reform Activities. - 
        "(1) In general. - Not later than 180 days after the date of
      the enactment of this Act [Sept. 30, 2002], and not later than
      April 1 of each year thereafter, the Secretary shall submit to
      the appropriate congressional committees a report on the status
      of activities funded or authorized, in whole or in part, by the
      Department or the Department of Defense in Colombia to promote
      alternative development, recovery and resettlement of internally
      displaced persons, judicial reform, the peace process, and human
      rights.
        "(2) Contents. - Each such report shall contain the following:
          "(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) Report on Certain Counternarcotics Activities. - 
        "(1) Declaration of policy. - It is the policy of the United
      States to encourage the transfer of counternarcotics activities
      carried out in Colombia by United States businesses that have
      entered into agreements with the Department or the Department of
      Defense to conduct such activities, to Colombian nationals, in
      particular personnel of the Colombian antinarcotics police, when
      properly qualified personnel are available.
        "(2) Report. - Not later than 180 days after the date of the
      enactment of this Act [Sept. 30, 2002], and not later than April
      1 of each year thereafter, the Secretary shall submit to the
      appropriate congressional committees a report on the activities
      of United States businesses that have entered into agreements in
      the previous 12-month period with the Department or the
      Department of Defense to carry out counternarcotics activities in
      Colombia.
        "(3) Contents. - Each such report shall contain the following:
          "(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) Definition. - In this subsection, the term 'United States
      business' means any person (including any corporation,
      partnership, or other organization) that is subject to the
      jurisdiction of the United States or organized under the laws of
      the United States, but does not include any person (including any
      corporation, partnership, or other organization) that performs
      contracts involving personal services."
      [For definitions of "Secretary", "Department", and "appropriate
    congressional committees" as used in section 694 of Pub. L. 107-
    228, set out above, see section 3 of Pub. L. 107-228, set out as a
    note under section 2651 of this title.]

           LIMITATION ON COUNTERNARCOTICS ASSISTANCE TO COLOMBIA       
      Pub. L. 105-277, div. C, title VIII, Sec. 821(b), Oct. 21, 1998,
    112 Stat. 2681-700, provided that:
      "(1) Limitation on provision of assistance. - Except as provided
    in paragraph (2), United States counternarcotics assistance may not
    be provided for the Government of Colombia under this title [see
    Tables for classification] or under any other provision of law on
    or after the date of enactment of this Act [Oct. 21, 1998] if the
    Government of Colombia negotiates or permits the establishment of
    any demilitarized zone in which the eradication of drug production
    by the security forces of Colombia, including the Colombian
    National Police antinarcotics unit, is prohibited.
      "(2) Exception. - If the Government of Colombia negotiates or
    permits the establishment of a demilitarized zone described in
    paragraph (1), United States counternarcotics assistance may be
    provided for the Government of Colombia for a period of up to 90
    consecutive days upon a finding by the President that providing
    such assistance is in the national interest of the United States.
      "(3) Notification. - In each case in which counternarcotics
    assistance is provided for the Government of Colombia as a result
    of a finding by the President described in paragraph (2), the
    President shall notify the Committees on Appropriations and the
    authorizing committees of jurisdiction of the House of
    Representatives and the Senate not later than 5 days after such
    assistance is provided."
      [For delegation of functions of President under section 821(b) of
    Pub. L. 105-277, div. C, title VIII, set out above, see Ex. Ord.
    No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a
    note under section 2381 of this title.]

           REPORT ON ARMED FORCES STATIONED IN ANDEAN COUNTRIES       
      Pub. L. 101-623, Sec. 8, Nov. 21, 1990, 104 Stat. 3355, which
    required the President to submit to Congress a monthly report
    listing the number of members of United States Armed Forces
    assigned or detailed to, or otherwise performing functions in, each
    Andean country, terminated, effective May 15, 2000, pursuant to
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance. See, also, page 18 of
    House Document No. 103-7.

                            PRECURSOR CHEMICALS                        
      Pub. L. 101-513, title V, Sec. 599H, Nov. 5, 1990, 104 Stat.
    2068, provided that:
      "(a) Negotiations. - (1) The Attorney General shall enter into
    negotiations with the appropriate law enforcement and judicial
    agencies and any other officials of any foreign country with
    jurisdiction over companies who manufacture, market, sell or
    purchase certain precursor and/or essential chemicals used in the
    production of illicit narcotics. The priority of negotiations
    should be determined based on an assessment by the Attorney General
    which countries have jurisdiction over companies that may be
    knowingly or unknowingly supplying chemicals for the illicit
    manufacture of controlled substances.
      "(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 (21 USC 802); (b) reach one or
    more international agreements on a method for maintaining records
    of transactions of these listed chemicals; (c) establish a
    procedure by which such records may be made available to (and kept
    confidential as necessary by) United States law enforcement
    authorities for the exclusive purpose of conducting an
    investigation relative to precursor chemicals, essential chemicals
    and/or controlled substances contributing to the manufacture of
    illicit narcotics; and (d) encourage chemical source countries to
    enact national chemical control legislation which would (i) impose
    specific record keeping and reporting requirements for domestic
    transactions involving listed chemicals; (ii) establish a system of
    permits or declarations for imports and exports of listed
    chemicals; and (iii) authorize government officials to seize or
    suspend shipments of listed chemicals based on evidence that they
    may be destined for the illicit manufacture of controlled
    substances.
      "(b) Reports. - Not later than one year after the date of
    enactment of this Act [Nov. 5, 1990], the Attorney General shall
    submit an interim report to the Judiciary Committee and the Foreign
    Relations Committee of the Senate on progress in the negotiations.
    Not later than eighteen months from the date of enactment, the
    Attorney General shall submit a final report to the aforementioned
    Senate Committees on the result of negotiations identifying
    countries with which agreements have not been reached and which
    have jurisdiction over companies believed to be engaged in the
    manufacture, marketing, sale or purchase of precursor and/or
    essential chemicals used in illicit manufacture of controlled
    substances.
      "(c) Penalties. - After consulting with the Attorney General and
    the Director of the Office of National Drug Control Policy, the
    President shall impose penalties or sanctions including temporarily
    or permanently prohibiting any corporation, partnership, individual
    or business association (i) refusing to maintain records for the
    purpose of monitoring and regulating transactions of listed
    precursor chemicals, or (ii) refusing to make such records
    available to United States law enforcement authorities for
    investigative purposes (in coordination with the local law
    enforcement agency in which such corporation, partnership,
    individual, or business association resides, is created or has its
    principal place of business) from engaging in any or all
    transactions, in goods or services, within the commerce of the
    United States.
      "(d) Definitions. - A record under subsection (a) shall be
    retrievable and include the date of the transaction, the identity
    of each party to the transaction, including the ultimate consignee,
    and accounting of the quantity and form of listed chemical(s) and a
    description of the method of transfer.
      "(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 [21 U.S.C. 301 et seq.] be
    lawfully sold over-the-counter without prescription."

     LINKAGE OF DEBT REDUCTION LOANS TO REDUCTION IN DRUG TRAFFICKING;
                            REPORT TO CONGRESS
      Pub. L. 101-240, title IV, Sec. 407, Dec. 19, 1989, 103 Stat.
    2504, provided that:
      "(a) Findings. - The Congress finds that - 
        "(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) Instruction of United States Executive Directors. - The
    Secretary of the Treasury shall instruct the United States
    Executive Director of each multilateral development bank that, in
    voting with respect to loans from the multilateral development bank
    to reduce the debt and debt burden of borrowing countries which are
    major producers, processors, traffickers, or exporters of illegal
    drugs to the United States, the Executive Director shall give
    preference to those countries which show marked improvement in
    reducing the volume of cultivation, processing, trafficking, and
    export to the United States of illegal drugs. In making a
    determination under the preceding sentence with respect to a
    country's improvement, the Secretary of the Treasury shall consult
    with the heads of the relevant agencies.
      "(c) Report to Congress. - The Secretary of the Treasury shall
    include, in the detailed accounting required by section 2018(c) of
    the International Narcotics Control Act of 1986 (22 U.S.C. 2191
    note) [section 2018(c) of Pub. L. 99-570 set out below], relating
    to multilateral development bank assistance for drug eradication
    and crop substitution programs, an additional discussion of the
    steps taken and the progress made in implementing the goals set
    forth in subsection (b) of this section, and further steps needed
    to secure the achievement of these goals.
      "(d) Definitions. - As used in this section - 
        "(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 (22 U.S.C.
      2291(i)(3))."

                         DEBT-FOR-DRUGS EXCHANGES                     
      Section 10 of Pub. L. 101-231 provided that:
      "(a) Authority. - The President may release Bolivia, Colombia, or
    Peru from its obligation to make payments to the United States
    Government of principal and interest on account of a loan made to
    that country under the Foreign Assistance Act of 1961 (22 U.S.C.
    2151 and following; relating to foreign assistance programs) or
    credits extended for that country under section 23 of the Arms
    Export Control Act (22 U.S.C. 2763; relating to foreign military
    sales credits) if the President determines that that country is
    implementing programs to reduce the flow of cocaine to the United
    States in accordance with a formal bilateral or multilateral
    agreement, to which the United States is a party, that contains
    specific, quantitative and qualitative, performance criteria with
    respect to those programs.
      "(b) Congressional Review of Agreements. - The President shall
    submit any such agreement with Bolivia, Colombia, or Peru to the
    Committee on Foreign Affairs [now Committee on International
    Relations] of the House of Representatives and the Committee on
    Foreign Relations of the Senate at least 15 days before exercising
    the authority of [sub]section (a) with respect to that country.
      "(b) [(c)] Coordination with Multilateral Debt Relief Activities.
    - The authority provided in subsection (a) shall be exercised in
    coordination with multilateral debt relief activities.
      "(c) [(d)] Effective Date. - Subsection (a) takes effect on
    October 1, 1990."

    ADDITIONAL ASSISTANCE TO COUNTRIES MEETING DRUG ERADICATION TARGETS
    OR TAKING SIGNIFICANT STEPS AGAINST DRUG PRODUCTION OR TRAFFICKING
      Pub. L. 101-167, title V, Sec. 569(d), Nov. 21, 1989, 103 Stat.
    1244, provided that:
      "(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 [22 U.S.C. 2291] in order to provide
      additional narcotics control assistance for those countries.
      Funds transferred under this paragraph may only be used to
      provide increased funds for activities previously justified to
      the Congress. Transfers may be made under this paragraph without
      regard to the 20-percent increase limitation contained in section
      610 of the Foreign Assistance Act [22 U.S.C. 2360].
        "(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."

-CROSS-
    DEFINITION OF TERMS USED IN INTERNATIONAL NARCOTICS CONTROL ACT OF
                                   1988
      Section 4003 of title IV of Pub. L. 100-690 defined terms "drug"
    and "narcotic" to mean narcotic and psychotropic drugs and other
    controlled substances as defined in subsec. (i)(3) of this section
    for purposes of title IV of Pub. L. 100-690, prior to repeal by
    Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.


-MISC4-
                      REGIONAL ANTI-NARCOTICS FORCES                  
      Section 4101 of Pub. L. 100-690 stated need for anti-narcotics
    multinational force in Western Hemisphere and authorized diplomatic
    efforts toward creation of such a force, prior to repeal by Pub. L.
    102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

      DETERMINING MAJOR DRUG-TRANSIT COUNTRIES WITH RESPECT TO FISCAL
                                 YEAR 1989
      Section 4405(b) of Pub. L. 100-690 directed Secretary of State to
    make determination of major drug-transit countries with respect to
    fiscal year 1989, prior to repeal by Pub. L. 102-583, Sec. 6(e)(1),
    Nov. 2, 1992, 106 Stat. 4933.

      BILATERAL NARCOTICS AGREEMENTS REQUIRED FOR CERTIFICATIONS FOR
                      FISCAL YEAR 1989 AND THEREAFTER
      Section 101(e) [title V, Sec. 585(c)] of Pub. L. 100-202, as
    amended by Pub. L. 100-461, title V, Sec. 578(g)(2), Oct. 1, 1988,
    102 Stat. 2268-47, provided that beginning with certifications with
    respect to fiscal year 1989 and each subsequent year, a country
    which in the previous year had been designated a major drug
    producing or drug transit country would not be deemed as
    cooperating fully unless it had in place a bilateral narcotics
    agreement with the United States, or a multilateral agreement which
    achieves the objectives of this section, prior to repeal by Pub. L.
    100-690, title IV, Sec. 4407(b)(2), Nov. 18, 1988, 102 Stat. 4281.

        REVIEW OF EFFECTIVENESS OF INTERNATIONAL NARCOTICS CONTROL
                            ASSISTANCE PROGRAM
      Section 2007 of Pub. L. 99-570 directed Comptroller General to
    review effectiveness of assistance provided under this part, prior
    to repeal by Pub. L. 102-583, Sec. 6(e)(2), Nov. 2, 1992, 106 Stat.
    4933.

     MULTILATERAL DEVELOPMENT BANK ASSISTANCE FOR DRUG ERADICATION AND
                        CROP SUBSTITUTION PROGRAMS
      Section 2018 of Pub. L. 99-570 provided that:
      "(a) MDB Assistance for Development and Implementation of Drug
    Eradication Program. - The Secretary of the Treasury shall instruct
    the United States Executive Directors of the multilateral
    development banks to initiate discussions with other Directors of
    their respective banks and to propose that all possible assistance
    be provided to each major illicit drug producing country for the
    development and implementation of a drug eradication program,
    including technical assistance, assistance in conducting
    feasibility studies and economic analyses, and assistance for
    alternate economic activities.
      "(b) Increases in Multilateral Development Bank Lending for Crop
    Substitution Projects. - The Secretary of the Treasury shall
    instruct the United States Executive Directors of the multilateral
    development banks to initiate discussions with other Directors of
    their respective banks and to propose that each such bank increase
    the amount of lending by such bank for crop substitution programs
    which will provide an economic alternative for the cultivation or
    production of illicit narcotic drugs or other controlled substances
    in major illicit drug producing countries, to the extent such
    countries develop and maintain adequate drug eradication programs.
      "(c) National Advisory Council Report. - The Secretary of the
    Treasury shall include in the annual report to the Congress by the
    National Advisory Council on International Monetary and Financial
    Policies a detailed accounting of the manner in which and the
    extent to which the provisions of this section have been carried
    out.
      "(d) Definitions. - For purposes of this section - 
        "(1) Multilateral development bank. - The term 'multilateral
      development bank' means the International Bank for Reconstruction
      and Development, the International Development Association, the
      Inter-American Development Bank, the African Development Bank,
      and the Asian Development Bank.
        "(2) Major illicit drug producing country. - The term 'major
      illicit drug producing country' has the meaning provided in
      section 481(i)(2) of the Foreign Assistance Act of 1961 (22
      U.S.C. 2291(i)(2)).
        "(3) Narcotic drug and controlled substance. - The terms
      'narcotic drug' and 'controlled substance' have the meanings
      given to such terms in section 102 of the Controlled Substances
      Act (21 U.S.C. 802)."

           REPORTS TO CONGRESS ON DRUG EDUCATION PROGRAMS ABROAD       
      Section 2029 of Pub. L. 99-570 directed Director of United States
    Information Agency and Administrator of Agency for International
    Development to include in their annual reports to Congress a
    description of drug education programs carried out by their
    respective agencies, prior to repeal by Pub. L. 103-447, title I,
    Sec. 103(c), Nov. 2, 1994, 108 Stat. 4694.

      UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL  
      Pub. L. 107-68, title I, Sec. 103, Nov. 12, 2001, 115 Stat. 568,
    provided that:
      "(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."
      Pub. L. 99-93, title VIII, Sec. 814, Aug. 16, 1985, 99 Stat. 455,
    as amended by Pub. L. 99-151, title III, Sec. 306, Nov. 13, 1985,
    99 Stat. 808; Pub. L. 100-202, Sec. 101(i) [title I, Sec. 5], Dec.
    22, 1987, 101 Stat. 1329-290, 1329-294; Pub. L. 102-392, title III,
    Sec. 323, Oct. 6, 1992, 106 Stat. 1726; Pub. L. 105-119, title VI,
    Sec. 625, Nov. 26, 1997, 111 Stat. 2522; Pub. L. 106-57, title I,
    Sec. 7, Sept. 29, 1999, 113 Stat. 412; Pub. L. 107-228, div. A,
    title VI, Sec. 684, Sept. 30, 2002, 116 Stat. 1411, provided that:
      "(a) Establishment. - There is established the United States
    Senate Caucus on International Narcotics Control (hereafter in this
    section referred to as the 'Caucus').
      "(b) Duties. - The Caucus is authorized and directed - 
        "(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) Membership. - (1) The Caucus shall be composed of 12 members
    as follows:
        "(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) Powers. - In carrying out this section, the Caucus may
    require, by subpoena or otherwise, the attendance and testimony of
    such witnesses and the production of such books, records,
    correspondence, memorandums, papers, and documents as it deems
    necessary. Subpoenas may be issued over the signature of the
    Chairman of the Caucus or any member designated by him, and may be
    served by any person designated by the Chairman or such member. The
    Chairman of the Caucus, or any member designated by him, may
    administer oaths to any witness.
      "(e) Report by President to Caucus. - In order to assist the
    Caucus in carrying out its duties, the President shall submit to
    the Caucus a copy of the report required by section 481(e) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2991(e)) [22 U.S.C.
    2291(e)].
      "(f) Report to Senate. - The Caucus is authorized and directed to
    report to the Senate with respect to the matters covered by this
    section on a periodic basis and to provide information to Members
    of the Senate as requested. For each fiscal year for which an
    appropriation is made the Caucus shall submit to the Congress a
    report on its expenditures under such appropriation.
      "(g) Authorization of Appropriations. - (1) There are authorized
    to be appropriated to the Caucus $370,000 for each fiscal year, to
    remain available until expended, to assist in meeting the expenses
    of the Caucus for the purpose of carrying out the provisions of
    this section.
      "(2) For purposes of section 502(b) of the Mutual Security Act of
    1954 (22 U.S.C. 1754(b)), the Caucus shall be deemed to be a
    standing committee of the Senate and shall be entitled to the use
    of funds in accordance with such section.
      "(h) Staff. - The Caucus may appoint and fix the pay of such
    staff personnel as it deems desirable, without regard to the
    provisions of title 5, United States Code, governing appointments
    in the competitive service, and without regard to the provisions of
    chapter 51 and subchapter III of chapter 53 of such title relating
    to classification and General Schedule pay rates.
      "(i) Termination. - The Caucus shall cease to exist on September
    30, 2005."
      Pub. L. 99-151, title III, Sec. 306, Nov. 13, 1985, 99 Stat. 808,
    provided that:
      "(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 Pub. L. 99-93, set
    out as a note above], is hereby redesignated and shall hereafter be
    known as the United States Senate Caucus on International Narcotics
    Control.
      "(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 Pub. L. 99-83 provided that:
      "(a) Findings. - The Congress finds that - 
        "(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) Policy. - The Congress - 
        "(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 Pub. L. 97-113 provided that:
      "(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 [22 U.S.C. 2291a] as in effect immediately
    before the enactment of the International Security and Development
    Cooperation Act of 1980 [Dec. 16, 1980].
      "(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 Pub. L. 94-329, title IV, June 30, 1976, 90 Stat.
    759, as amended by Pub. L. 95-384, Sec. 29(b), Sept. 26, 1978, 92
    Stat. 747, provided that:
      "(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."


-EXEC-
        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),
    Public Law 101-623 [see Short Title of 1990 Amendment note set out
    under section 2151 of this title], and 3 U.S.C. section 301, I
    hereby:
      (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, 104 Stat. 3353]; section 4(e); and,
    in consultation with the Secretary of Defense, section 13 [22
    U.S.C. 2291h note].
      (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 [22 U.S.C. 2381 note]; provided that the heads of
    departments and agencies shall consult with the Secretary of State
    before exercising the functions delegated by this paragraph with
    regard to narcotics-related assistance.
      The Secretary of State is authorized and directed to publish this
    memorandum in the Federal Register.
                                                            George Bush.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2291-1                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291-1. Repealed.

-MISC1-
    Sec. 2291-1. Repealed. Pub. L. 102-583, Sec. 6(e)(2), Nov. 2, 1992,
      106 Stat. 4933.
      Section, Pub. L. 99-570, title II, Sec. 2013, Oct. 27, 1986, 100
    Stat. 3207-66; Pub. L. 100-690, title IV, Sec. 4404, Nov. 18, 1988,
    102 Stat. 4276, related to reports and restrictions concerning
    major illicit drug producing and major drug-transit countries.

-End-



-CITE-
    22 USC Sec. 2291-2                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291-2. Repealed.

-MISC1-
    Sec. 2291-2. Repealed. Pub. L. 103-447, title I, Sec. 103(b), Nov.
      2, 1994, 108 Stat. 4693.
      Section, Pub. L. 100-690, title IV, Sec. 4501, Nov. 18, 1988, 102
    Stat. 4284; Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992, 106 Stat.
    4933, provided for reporting on transfer of United States assets.

-End-



-CITE-
    22 USC Sec. 2291-3                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291-3. Repealed.

-MISC1-
    Sec. 2291-3. Repealed. Pub. L. 102-583, Sec. 6(e)(1), Nov. 2, 1992,
      106 Stat. 4933.
      Section, Pub. L. 100-690, title IV, Sec. 4601, Nov. 18, 1988, 102
    Stat. 4286, provided for the coordination of all United States anti-
    narcotics assistance to foreign countries. See section 2291(b) of
    this title.

-End-



-CITE-
    22 USC Sec. 2291-4                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 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

-STATUTE-
    (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 section 401a of title 50), the submittal date for such
    report shall be as provided in section 415b of title 50.
      (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.

-SOURCE-
    (Pub. L. 103-337, div. A, title X, Sec. 1012, Oct. 5, 1994, 108
    Stat. 2837; Pub. L. 107-108, title V, Sec. 503, Dec. 28, 2001, 115
    Stat. 1405; Pub. L. 107-306, title VIII, Sec. 811(b)(6), Nov. 27,
    2002, 116 Stat. 2425.)

-COD-
                               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.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c)(1). Pub. L. 107-306, Sec. 811(b)(6)(A),
    substituted "Except as provided in paragraph (2), not later than"
    for "Not later than".
      Subsec. (c)(2), (3). Pub. L. 107-306, Sec. 811(b)(6)(B), (C),
    added par. (2) and redesignated former par. (2) as (3).
      2001 - Subsec. (a)(2). Pub. L. 107-108, Sec. 503(a), substituted
    "has, during the 12-month period ending on the date of the
    interdiction, certified to Congress" for ", before the interdiction
    occurs, has determined" in introductory provisions.
      Subsecs. (c), (d). Pub. L. 107-108, Sec. 503(b), added subsec.
    (c) and redesignated former subsec. (c) as (d).


-EXEC-
           PRESIDENTIAL DETERMINATIONS RELATING TO INTERDICTION       
      The President made the determination required by subsec. (a)(2)
    of this section for the following countries:
      Brazil. - 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.
      Colombia. - 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.
      Peru. - Determination No. 95-9, Dec. 8, 1994, 59 F.R. 65231.

-End-



-CITE-
    22 USC Sec. 2291-5                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291-5. Provision of nonlethal equipment to foreign law
      enforcement organizations for cooperative illicit narcotics
      control activities

-STATUTE-
    (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 section 2778 of this title.
      (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 section 2394-1 of this title.
    (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.

-SOURCE-
    (Pub. L. 105-277, div. C, title VIII, Sec. 843, Oct. 21, 1998, 112
    Stat. 2681-704.)

-COD-
                               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.

-End-



-CITE-
    22 USC Sec. 2291a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291a. Authorization of appropriations

-STATUTE-
    (a) Fiscal year authorization; availability of funds
      (1) To carry out the purposes of section 2291 of this title,
    there are authorized to be appropriated to the President
    $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year
    1994.
      (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 section 2394-1 of this title.
    (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 section 2394(a) of this title,
    the President shall provide a detailed report on any contributions
    received in the preceding fiscal year, the amount of such
    contributions, and the purposes for which such contributions were
    used.
      (3) 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 section 2358 of this title, without regard to the
    restrictions of such section, to receive nonlethal excess property
    from any agency of the United States Government for the purpose of
    providing such property to a foreign government under the same
    terms and conditions as funds authorized to be appropriated for the
    purposes of this part.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 482, as added Pub. L. 92-352, title V,
    Sec. 503, July 13, 1972, 86 Stat. 497; amended Pub. L. 93-189, Sec.
    11(b), Dec. 17, 1973, 87 Stat. 720; Pub. L. 94-329, title V, Sec.
    504(a), June 30, 1976, 90 Stat. 764; Pub. L. 95-92, Sec. 3, Aug. 4,
    1977, 91 Stat. 614; Pub. L. 95-384, Sec. 5, Sept. 26, 1978, 92
    Stat. 731; Pub. L. 96-92, Sec. 3(a), Oct. 29, 1979, 93 Stat. 701;
    Pub. L. 96-533, title IV, Sec. 402(a), (b), Dec. 16, 1980, 94 Stat.
    3149; Pub. L. 97-113, title V, Sec. 502(c), Dec. 29, 1981, 95 Stat.
    1539; Pub. L. 99-83, title VI, Secs. 602, 608, 614, Aug. 8, 1985,
    99 Stat. 228, 229, 231; Pub. L. 99-529, title IV, Sec. 401, Oct.
    24, 1986, 100 Stat. 3019; Pub. L. 99-570, title II, Sec. 2002, Oct.
    27, 1986, 100 Stat. 3207-60; Pub. L. 100-690, title IV, Sec. 4201,
    Nov. 18, 1988, 102 Stat. 4267; Pub. L. 101-231, Secs. 16, 17(g),
    Dec. 13, 1989, 103 Stat. 1964, 1965; Pub. L. 102-583, Secs. 3,
    4(e), 6(b)(4), Nov. 2, 1992, 106 Stat. 4914, 4915, 4932; Pub. L.
    103-236, title I, Sec. 164(a), Apr. 30, 1994, 108 Stat. 411; Pub.
    L. 103-447, title I, Sec. 101(c), Nov. 2, 1994, 108 Stat. 4692;
    Pub. L. 104-164, title I, Sec. 131(b), (c), July 21, 1996, 110
    Stat. 1429.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-164, Sec. 131(b), substituted
    "Contributions and reimbursement" for "Contribution by recipient
    country" in heading, redesignated existing provisions as par. (1),
    and added pars. (2) and (3).
      Subsecs. (f), (g). Pub. L. 104-164, Sec. 131(c), added subsecs.
    (f) and (g).
      1994 - Subsec. (d). Pub. L. 103-236 added subsec. (d).
      Subsec. (e). Pub. L. 103-447 added subsec. (e).
      1992 - Subsec. (a)(1). Pub. L. 102-583, Sec. 3, substituted
    "$147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year
    1994" for "$115,000,000 for fiscal year 1990".
      Subsec. (b). Pub. L. 102-583, Sec. 4(e), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "Funds
    authorized to be appropriated by this section shall not be made
    available for the procurement of weapons or ammunition under this
    part."
      Subsecs. (c), (d). Pub. L. 102-583, Sec. 6(b)(4), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which read as
    follows: "Notwithstanding section 1306 of title 31, section 508 of
    the General Government Matters, Department of Commerce, and Related
    Agencies Appropriation Act, 1962, and section 1705 of title 7, up
    to the equivalent of $10,000,000 in currencies or credits of the
    Government of Pakistan held by the United States shall, to such
    extent as may be provided in an appropriation Act, be available to
    the President for the fiscal year 1981 (and shall remain available
    until expended) to carry out the purposes of section 2291 of this
    title through assistance to the Government of Pakistan.
    Notwithstanding any other provision of law, the availability or
    expenditure of such foreign currencies shall not affect or reduce
    appropriations otherwise available to carry out the administration
    of the international narcotics control program."
      1989 - Subsec. (a)(1). Pub. L. 101-231, Sec. 16, substituted
    "$115,000,000 for fiscal year 1990" for "$101,000,000 for fiscal
    year 1989".
      Subsec. (d). Pub. L. 101-231, Sec. 17(g), inserted "Contribution
    by recipient country" as heading and amended text generally. Prior
    to amendment, text read as follows: "Assistance may be provided
    under this part to a foreign country only if the country provides
    assurances to the President, and the President is satisfied, that
    the country will provide at least 25 percent of the costs of any
    narcotics control program, project, or activity for which such
    assistance is to be provided. The costs borne by the country may
    include 'in-kind' contributions."
      1988 - Subsec. (a). Pub. L. 100-690 added par. (1) and struck out
    former pars. (1) and (3) which related to authorization for fiscal
    years 1986 and 1987, and to contribution to United Nations Fund for
    Drug Abuse Control.
      1986 - Subsec. (a)(1). Pub. L. 99-570, Sec. 2002(1), which
    directed that "$75,445,000 for the fiscal year 1987" be substituted
    for "$57,529,000 for the fiscal year 1987", was executed by making
    the substitution for "$65,445,000 for the fiscal year 1987" to
    reflect the probable intent of Congress and the intervening
    amendment by Pub. L. 99-529. See Amendment note for Pub. L. 99-529
    below.
      Pub. L. 99-570, Sec. 2002(2), inserted provisions that if the
    President submits a detailed plan for use of the money, an
    additional $45,000,000 may be appropriated to carry out the purpose
    of section 2291 of this title, of which at least $10,000,000 shall
    be used primarily for helicopters or other aircraft based in Latin
    America for use for narcotics control, eradication, and
    interdiction efforts throughout the region.
      Pub. L. 99-529, which directed the substitution of "$65,445,000
    for the fiscal year 1987" for "$57,529,000 for the fiscal year
    1987", was executed by substituting the new phrase for "$57,529,000
    for fiscal year 1987" to reflect the probable intent of Congress.
      1985 - Subsec. (a)(1). Pub. L. 99-83, Sec. 602, amended par. (1)
    generally, substituting provisions authorizing appropriations of
    $57,529,000 for fiscal years 1986 and 1987, for provisions
    authorizing appropriations of $37,700,000 for fiscal years 1982 and
    1983.
      Subsec. (a)(3). Pub. L. 99-83, Sec. 614, added par. (3).
      Subsec. (d). Pub. L. 99-83, Sec. 608, added subsec. (d).
      1981 - Subsec. (a). Pub. L. 97-113, in par. (1), substituted
    appropriations authorization of $37,700,000 for fiscal years 1982
    and 1983 for appropriation of $38,573,000 for fiscal year 1981,
    redesignated par. (3) as (2), and deleted former par. (2) which
    limited the contribution to the United Nations Fund for Drug Abuse
    Control from fiscal year 1981 appropriated funds to lesser of
    $3,000,000 or 50 percent of the total contributions by all
    countries to such Fund for the calendar year with respect to which
    the United States contribution is made.
      1980 - Subsec. (a). Pub. L. 96-533, Sec. 402(a), in par. (1),
    substituted appropriations authorization of $38,573,000 for fiscal
    year 1981 for such authorization of $51,758,000 for fiscal year
    1980, redesignated as par. (3) as (2), substituting therein "1981"
    and "50 percent" for "1980" and "25 percent", and deleted former
    par. (2) authorization of $16,000,000 for interdiction of drug
    traffic by Republic of Colombia to be used only for helicopters,
    patrol vessels, fixed radar equipment, transport vehicles, fuel,
    and for training personnel, and redesignated par. (4) as (3).
      Subsec. (c). Pub. L. 96-533, Sec. 402(b), added subsec. (c).
      1979 - Subsec. (a)(1). Pub. L. 96-92 designated existing
    provisions as par. (1), substituted appropriations authorization of
    $51,758,000 for fiscal year 1980 for authorization of $40,000,000
    for fiscal year 1979, and designated provision respecting
    availability of funds as par. (4).
      Subsec. (a)(2), (3). Pub. L. 96-92 added pars. (2) and (3).
      Subsec. (a)(4). Pub. L. 96-92 designated existing provision
    respecting availability of funds as par. (4) and substituted
    "subsection" for "section".
      1978 - Pub. L. 95-384 designated existing provisions as subsec.
    (a), substituted "$40,000,000 for the fiscal year 1979" for
    "$39,000,000 for the fiscal year 1978", and added subsec. (b).
      1977 - Pub. L. 95-92 substituted provisions authorizing
    appropriations for fiscal year 1978 and providing for availability
    of amounts appropriated until expended, for provisions authorizing
    appropriations for fiscal years 1974 through 1977, provisions
    prohibiting obligation of appropriation for fiscal year 1976 for
    any country illegally trafficking in opiates unless such
    appropriation aids in reducing the amount of illegal opiates
    entering the international market, and provisions authorizing
    availability of amounts appropriated until expended.
      1976 - Pub. L. 94-329 inserted provision that authorized
    $40,000,000 for the fiscal year 1976, no part of which can be
    obligated to any country where illegal opiate traffic is a
    significant problem unless the President certifies in writing to
    the Speaker of the House and chairman of the Senate Committee on
    Foreign Relations that the assistance furnished is significantly
    the amount of illegal opiates entering the international market,
    and authorized $34,000,000 for the fiscal year 1977.
      1973 - Pub. L. 93-189 substituted "$42,500,000 for each of the
    fiscal years 1974 and 1975. Amounts appropriated under this section
    are authorized to remain available until expended", for
    "$42,500,000 for the fiscal year 1973, which amount is authorized
    to remain available until expended".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
               COLOMBIAN ANTI-NARCOTICS ENFORCEMENT PROGRAM           
      Section 402(c) of Pub. L. 96-533 provided: "Notwithstanding the
    provisions of section 482(a)(2) of the Foreign Assistance Act of
    1961 [subsec. (a)(2) of this section] as in effect immediately
    prior to the enactment of this Act [Dec. 16, 1980], funds
    appropriated for the fiscal year 1980 to carry out the purposes of
    section 481 of that Act [section 2291 of this title] which were
    obligated for assistance for Colombia may be used for fixed-wing
    aircraft, communications equipment, and such other equipment and
    operational support, including aviation services, as are essential
    to the Colombian anti-narcotics enforcement program."

-End-



-CITE-
    22 USC Sec. 2291b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291b. Prohibition on use of foreign assistance for
      reimbursements for drug crop eradications

-STATUTE-
      Funds made available to carry out this chapter may not be used to
    reimburse persons whose illicit drug crops are eradicated.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 483, as added Pub. L. 99-83, title VI,
    Sec. 609, Aug. 8, 1985, 99 Stat. 230.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.

-End-



-CITE-
    22 USC Sec. 2291c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291c. Requirements relating to aircraft and other equipment

-STATUTE-
    (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 section 2394-1 of this title.

        (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 [22
      U.S.C. 2763] may be used to finance the leasing of aircraft under
      chapter 6 of that Act [22 U.S.C. 2796 et seq.].
        (B) Section 61(a)(3) (!1) of that Act [22 U.S.C. 2796(a)(3)]
      shall not apply with respect to leases so financed; rather the
      entire cost of any such lease (including any renewals) shall be
      an initial, one time payment of the amount which would be the
      sales price for the aircraft if they were sold under section
      21(a)(1)(B) or section 22 of that Act [22 U.S.C. 2761(a)(1)(B),
      2762] (as appropriate).

        (C) To the extent that aircraft so leased were acquired under
      chapter 5 of that Act [22 U.S.C. 2795 et seq.], funds used
      pursuant to this paragraph to finance such leases shall be
      credited to the Special Defense Acquisition Fund under chapter 5
      of that Act (excluding the amount of funds that reflects the
      charges described in section 21(e)(1) of that Act [22 U.S.C.
      2761(e)(1)]). The funds described in the parenthetical clause of
      the preceding sentence shall be available for payments consistent
      with sections 37(a) and 43(b) of that Act [22 U.S.C. 2777(a),
      2792(b)].
    (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 section 2291h(a) of this
    title, the President shall discuss - 
        (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 484, as added Pub. L. 99-570, title
    II, Sec. 2003, Oct. 27, 1986, 100 Stat. 3207-61; amended Pub. L.
    101-623, Sec. 7, Nov. 21, 1990, 104 Stat. 3355; Pub. L. 102-583,
    Sec. 4(f)(1), (2)(D), Nov. 2, 1992, 106 Stat. 4916, 4917.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsec. (a)(3), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapters
    5 and 6 of the Act are classified generally to subchapters V (Sec.
    2795 et seq.) and VI (Sec. 2796 et seq.), respectively, of chapter
    39 of this title. Section 61(a)(3) of the Act was redesignated
    section 61(a)(4), and a new section 61(a)(3) was added, by Pub. L.
    103-236, title VII, Sec. 731(e)(2), (3), Apr. 30, 1994, 108 Stat.
    503. For complete classification of this Act to the Code, see Short
    Title note set out under section 2751 of this title and Tables.

-COD-
                               CODIFICATION                           
      The text of subsecs. (a) and (b) of section 2291h of this title,
    which were redesignated as subsecs. (b) and (c) of this section by
    Pub. L. 102-583, Sec. 4(f)(2)(D), was based on section 489(a) and
    (b) of Pub. L. 87-195, pt. I, as added Pub. L. 100-690, title IV,
    Sec. 4507, Nov. 18, 1988, 102 Stat. 4286; amended Pub. L. 102-583,
    Sec. 4(f)(2)(B), (C), Nov. 2, 1992, 106 Stat. 4917.


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-583, Sec. 4(f)(1), amended section generally,
    substituting subsec. (a) for former text which read as follows:
    "Any aircraft which, at any time after October 27, 1986, are made
    available to a foreign country under this part, or are 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. The requirement of this section does not
    apply with respect to aircraft made available to a foreign country
    under section 635(b)(6)(B) of title 12 or 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."
      Subsecs. (b), (c). Pub. L. 102-583, Sec. 4(f)(2)(D), redesignated
    subsecs. (a) and (b) of section 2291h of this title as subsecs. (b)
    and (c), respectively, of this section. See Codification note
    above.
      1990 - Pub. L. 101-623 inserted at end "The requirement of this
    section does not apply with respect to aircraft made available to a
    foreign country under section 635(b)(6)(B) of title 12 or 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."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                      TRAINING OF HOST COUNTRY PILOTS                  
      Pub. L. 101-623, Sec. 13, Nov. 21, 1990, 104 Stat. 3356, provided
    that:
      "(a) Instruction Program. - Not less than 90 days after the date
    of enactment of this Act [Nov. 21, 1990], the President shall
    implement, under chapter 8 of part I of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2291 and following; relating to international
    narcotics control assistance), a detailed program of instruction to
    train host country pilots, and other flight crew members, to fly
    host country aircraft involved in counternarcotics efforts in
    Andean countries. Such program shall be designed to eliminate
    direct participation of the United States Government (including
    participation through the use of either direct hire or contract
    personnel) in the operation of such aircraft.
      "(b) Requirement for Replacement of United States Government
    Pilots by Host Country Pilots. - The President shall ensure that,
    within 18 months after the date of enactment of this Act [Nov. 21,
    1990], flight crews composed of host country personnel replace all
    United States Government pilots and other flight crew members
    (including both direct hire or contract personnel) for host country
    aircraft involved in airborne counternarcotics operations in the
    Andean countries.
      "(c) Aircraft Subject to Requirements. - As used in this section,
    the term 'host country aircraft' means any aircraft made available
    to an Andean country by the United States Government under chapter
    8 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2291
    et seq.], or any other provision of law, for use by that country
    for narcotics-related purposes."
      [Functions of President under section 13 of Pub. L. 101-623, set
    out above, delegated to Secretary of State in consultation with
    Secretary of Defense by Determination of President of the United
    States, No. 91-20, Jan. 25, 1991, 56 F.R. 8681, set out as a note
    under section 2291 of this title.]

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2291d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291d. Records of aircraft use

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 485, as added Pub. L. 99-570, title
    II, Sec. 2003, Oct. 27, 1986, 100 Stat. 3207-61; amended Pub. L.
    102-583, Sec. 4(f)(3), Nov. 2, 1992, 106 Stat. 4917.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-583 substituted "President" for "Secretary of
    State" in subsecs. (a) and (b).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2291e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291e. Reallocation of funds withheld from countries which
      fail to take adequate steps to halt illicit drug production or
      trafficking

-STATUTE-
      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 section 2291j of this title or any other provision
    of law requiring the withholding of assistance for countries that
    have not taken adequate steps to halt illicit drug production or
    trafficking, the President shall use those funds for additional
    assistance for those countries which have met their illicit drug
    eradication targets or have otherwise taken significant steps to
    halt illicit drug production or trafficking, as follows:
      (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 section
      2360(a) of this title. This paragraph does not apply with respect
      to funds made available for assistance under the Arms Export
      Control Act [22 U.S.C. 2751 et seq.].
      (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 section
      2394-1 of this title) in order to provide additional assistance
      for those countries.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 486, as added Pub. L. 100-690, title
    IV, Sec. 4206(a), Nov. 18, 1988, 102 Stat. 4270; amended Pub. L.
    102-583, Sec. 6(b)(5), Nov. 2, 1992, 106 Stat. 4932; Pub. L. 103-
    447, title I, Sec. 101(d), Nov. 2, 1994, 108 Stat. 4692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in par. (1), is Pub. L.
    90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-447 struck out subsec. (a) designation and
    heading which read "Additional assistance for countries taking
    significant steps", substituted "assistance under this chapter" for
    "security assistance" in provisions before par. (1), "Other
    assistance" for "Security assistance" in par. (2) heading, and
    "additional assistance" for "additional security assistance" in
    par. (2) text, and struck out heading and text of subsec. (b). Text
    read as follows: "As used in this section, the term 'security
    assistance' means assistance under part II of subchapter II of this
    chapter (relating to the grant military assistance program), part
    IV of subchapter II of this chapter (relating to the Economic
    Support Fund), part V of subchapter II of this chapter (relating to
    international military education and training), or the Arms Export
    Control Act (relating to the 'Foreign Military Financing
    Program')."
      1992 - Subsec. (a). Pub. L. 102-583, Sec. 6(b)(5)(A), substituted
    "section 2291j of this title" for "section 2291(h) of this title".
      Subsec. (b). Pub. L. 102-583, Sec. 6(b)(5)(B), substituted
    "(relating to the 'Foreign Military Financing Program')" for
    "(relating to foreign military sales financing)".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
     SUPERSEDURE OF FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
                     PROGRAMS APPROPRIATIONS ACT, 1989
      Section 4206(b) of Pub. L. 100-690, which provided that the
    enactment of this section superseded section 578(d) of Pub. L. 100-
    461, 102 Stat. 2268-46, and that funds could be transferred under
    subsec. (a)(1) of this section notwithstanding section 514 of Pub.
    L. 100-461, 102 Stat. 2268-23, was repealed by Pub. L. 102-583,
    Sec. 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

-End-



-CITE-
    22 USC Sec. 2291f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291f. Prohibition on assistance to drug traffickers

-STATUTE-
    (a) Prohibition
      The President shall take all reasonable steps to ensure that
    assistance under this chapter and the Arms Export Control Act [22
    U.S.C. 2751 et seq.] is not provided to or through any individual
    or entity that the President knows or has reason to believe - 
        (1) has been convicted of a violation of, or a conspiracy to
      violate, any law or regulation of the United States, a State or
      the District of Columbia, or a foreign country relating to
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 487, as added Pub. L. 100-690, title
    IV, Sec. 4503, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L. 102-
    583, Sec. 6(b)(6), Nov. 2, 1992, 106 Stat. 4932; Pub. L. 103-447,
    title I, Sec. 101(e), Nov. 2, 1994, 108 Stat. 4692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(1). Pub. L. 103-447 inserted "to" after
    "relating".
      1992 - Subsec. (a)(1). Pub. L. 102-583 struck out "(as defined in
    section 2291(i)(3) of this title)" after "controlled substances".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2291g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291g. Limitations on acquisition of real property and
      construction of facilities

-STATUTE-
    (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
      section 2394-1 of this title.
      (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 488, as added Pub. L. 100-690, title
    IV, Sec. 4505, Nov. 18, 1988, 102 Stat. 4285; amended Pub. L. 102-
    583, Sec. 4(g), Nov. 2, 1992, 106 Stat. 4917; Pub. L. 107-228,
    div. A, title VI, Sec. 671(3), Sept. 30, 2002, 116 Stat. 1407.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec.(a)(3). Pub. L. 107-228 struck out heading and text
    of par. (3). Text read as follows: "The Secretary of State shall
    provide to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate within 30 days after the end of each quarter of the fiscal
    year a detailed report on all leases entered into pursuant to
    paragraph (2), including the cost and duration of such lease, a
    description of the property leased, and the purpose for which such
    lease was entered into."
      1992 - Pub. L. 102-583 amended section generally. Prior to
    amendment, section read as follows: "Funds made available to carry
    out this part may not be used to acquire (by purchase, lease, or
    other means) any real property for use by foreign military,
    paramilitary, or law enforcement forces".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2291h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291h. Reporting requirements

-STATUTE-
    (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 section 2291j(h) of this
        title;
          (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 489, as added Pub. L. 102-583, Sec.
    5(a), Nov. 2, 1992, 106 Stat. 4917; amended Pub. L. 103-447, title
    I, Sec. 101(f)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104-66,
    title I, Sec. 1112(c), Dec. 21, 1995, 109 Stat. 724; Pub. L. 109-
    177, title VII, Sec. 722(a), Mar. 9, 2006, 120 Stat. 268.)

-REFTEXT-
                            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, Pub. L. 99-570, which
    was set out as a note under section 1902 of the former Appendix to
    Title 46, Shipping, prior to being repealed by Pub. L. 103-447,
    title I, Sec. 103(c), Nov. 2, 1994, 108 Stat. 4694.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2291h, Pub. L. 87-195, pt. I, Sec. 489, as added
    Pub. L. 100-690, title IV, Sec. 4507, Nov. 18, 1988, 102 Stat.
    4286, related to permissible uses of aircraft and other equipment,
    prior to amendment by Pub. L. 102-583, Sec. 4(f)(2), Nov. 2, 1992,
    106 Stat. 4917, which also transferred subsecs. (a) and (b) to
    section 2291c(b) and (c) of this title, respectively, and repealed
    the designation, heading, and subsecs. (c) and (d).

                                AMENDMENTS                            
      2006 - Subsec. (a)(8). Pub. L. 109-177 added par. (8).
      1995 - Pub. L. 104-66, Sec. 1112(c)(1), struck out "for fiscal
    year 1995" after "Reporting requirements" in section catchline.
      Subsec. (c). Pub. L. 104-66, Sec. 1112(c)(2), struck out heading
    and text of subsec. (c). Text read as follows: "This section
    applies only during fiscal year 1995. Section 2291i of this title
    does not apply during that fiscal year."
      1994 - Pub. L. 103-447, Sec. 101(f)(1)(A), substituted "for
    fiscal year 1995" for "for fiscal years 1993 and 1994" in section
    catchline.
      Subsec. (a). Pub. L. 103-447, Sec. 101(f)(1)(B)(i), substituted
    "March 1" for "April 1" in introductory provisions.
      Subsec. (a)(3)(B) to (D). Pub. L. 103-447, Sec. 101(f)(1)(B)(ii),
    redesignated subpars. (C) and (D) as (B) and (C), respectively, and
    struck out former subpar. (B) which read as follows: "the
    significant direct or indirect sources of narcotics and
    psychotropic drugs and other controlled substances significantly
    affecting the United States;".
      Subsec. (c). Pub. L. 103-447, Sec. 101(f)(1)(D), (E),
    redesignated subsec. (d) as (c) and amended heading and text
    generally. Prior to amendment, text read as follows: "This section
    applies only during fiscal years 1993 and 1994. Section 2291i of
    this title does not apply during those fiscal years."
      Pub. L. 103-447, Sec. 101(f)(1)(C), struck out heading and text
    of subsec. (c). Text read as follows: "As used in this section - 
        "(1) the term 'precursor chemical' has the same meaning as the
      term 'listed chemical' has under paragraph (33) of section 802 of
      title 21; and
        "(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). Pub. L. 103-447, Sec. 101(f)(1)(D), redesignated
    subsec. (d) as (c).


-TRANS-
                           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 sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.
      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
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 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 section 2381 of this title.


-MISC2-
             PLAN TO ADDRESS DIVERSION OF PRECURSOR CHEMICALS         
      Pub. L. 109-177, title VII, Sec. 722(d), Mar. 9, 2006, 120 Stat.
    269, provided that: "In the case of each country identified
    pursuant to clause (i) or (ii) of section 489(a)(8)(A) of the
    Foreign Assistance Act of 1961 [22 U.S.C. 2291h(a)(8)(A)] (as added
    by subsection (a)) with respect to which the President has not
    transmitted to Congress a certification under section 490(b) of
    such Act (22 U.S.C. 2291j(b)), the Secretary of State, in
    consultation with the Attorney General, shall, not later than 180
    days after the date on which the President transmits the report
    required by section 489(a) of such Act (22 U.S.C. 2291h(a)), submit
    to Congress a comprehensive plan to address the diversion of the
    chemicals described in section 489(a)(8)(A)(i) of such Act to the
    illicit production of methamphetamine in such country or in another
    country, including the establishment, expansion, and enhancement of
    regulatory, law enforcement, and other investigative efforts to
    prevent such diversion."

        STATUTORY REFERENCES TO ANNUAL REPORTS, CERTIFICATIONS, AND
                                DEFINITIONS
      Section 6(a) of Pub. L. 102-583 provided that after Sept. 30,
    1994, any reference in any provision of law to section 2291h or
    2291j of this title would be deemed a reference to the
    corresponding provision of section 2291i or 2291k of this title,
    respectively, unless the context required otherwise; any reference
    in any provision of law enacted before Nov. 2, 1992, to section
    2291(e) or (i) of this title be deemed a reference to section 2291h
    or 2291(e) of this title, respectively; and that any reference in
    any provision of law enacted before Nov. 2, 1992, to section
    2291(h) of this title be deemed, as of Oct. 1, 1992, to be a
    reference to section 2291j of this title, prior to repeal by Pub.
    L. 103-447, title I, Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.

-End-



-CITE-
    22 USC Sec. 2291i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291i. Repealed.

-MISC1-
    Sec. 2291i. Repealed. Pub. L. 104-66, title I, Sec. 1112(a), Dec.
      21, 1995, 109 Stat. 723.
      Section, Pub. L. 87-195, pt. I, Sec. 489A, as added Pub. L. 102-
    583, Sec. 5(a), Nov. 2, 1992, 106 Stat. 4921; amended Pub. L. 103-
    447, title I, Sec. 101(f)(2), Nov. 2, 1994, 108 Stat. 4692,
    related to reporting requirements applicable after Sept. 30, 1995.

-End-



-CITE-
    22 USC Sec. 2291j                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291j. Annual certification procedures

-STATUTE-
    (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 section 2413 of this title
      for each major illicit drug producing country, major drug-transit
      country, or country identified pursuant to clause (i) or (ii) of
      section 2291h(a)(8)(A) of this title shall be withheld from
      obligation and expenditure, except as provided in subsection (b)
      of this section. This paragraph shall not apply with respect to a
      country if the President determines that its application to that
      country would be contrary to the national interest of the United
      States, except that any such determination shall not take effect
      until at least 15 days after the President submits written
      notification of that determination to the appropriate
      congressional committees in accordance with the procedures
      applicable to reprogramming notifications under section 2394-1 of
      this title.
      (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
      section 2291h(a)(8)(A) of this title, except as provided in
      subsection (b) of this section. For purposes of this paragraph,
      the term "multilateral development bank" means the International
      Bank for Reconstruction and Development, the International
      Development Association, the Inter-American Development Bank, the
      Asian Development Bank, the African Development Bank, and the
      European Bank for Reconstruction and Development.
    (b) Certification procedures
      (1) What must be certified
        Subject to subsection (d) of this section, the assistance
      withheld from a country pursuant to subsection (a)(1) of this
      section may be obligated and expended, and the requirement of
      subsection (a)(2) of this section to vote against multilateral
      development bank assistance to a country shall not apply, if the
      President determines and certifies to the Congress, at the time
      of the submission of the report required by section 2291h(a) of
      this title, that - 
          (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 section 2291h(a) of this title, the Congress enacts a
    joint resolution disapproving the determination of the President
    contained in such certification.
    (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 section 2291h(a) of this title, makes a certification
      under subsection (b)(1)(A) or (b)(1)(B) of this section with
      respect to that country, and the Congress does not enact a joint
      resolution under subsection (d) of this section disapproving the
      determination of the President contained in that certification;
      or
        (2) the President, at any other time, makes the certification
      described in subsection (b)(1)(B) 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 490, as added Pub. L. 102-583, Sec.
    5(a), Nov. 2, 1992, 106 Stat. 4924; amended Pub. L. 103-447, title
    I, Sec. 101(g)(1), Nov. 2, 1994, 108 Stat. 4692; Pub. L. 104-66,
    title I, Sec. 1112(d), Dec. 21, 1995, 109 Stat. 724; Pub. L. 109-
    177, title VII, Sec. 722(b), Mar. 9, 2006, 120 Stat. 268.)

-REFTEXT-
                            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 Pub. L. 94-329, title VI, June 30, 1976, 90 Stat. 765,
    which is not classified to the Code.
      This chapter, referred to in subsec. (h), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1). Pub. L. 109-177, Sec. 722(b)(1),
    substituted "major illicit drug producing country, major drug-
    transit country, or country identified pursuant to clause (i) or
    (ii) of section 2291h(a)(8)(A) of this title" for "major illicit
    drug producing country or major drug-transit country".
      Subsec. (a)(2). Pub. L. 109-177, Sec. 722(b)(2), inserted "or
    country identified pursuant to clause (i) or (ii) of section
    2291h(a)(8)(A) of this title" after "(as determined under
    subsection (h) of this section)".
      1995 - Pub. L. 104-66, Sec. 1112(d)(1), struck out "for fiscal
    year 1995" after "certification procedures" in section catchline.
      Subsec. (i). Pub. L. 104-66, Sec. 1112(d)(2), struck out heading
    and text of subsec. (i). Text read as follows: "This section
    applies only during fiscal year 1995. Section 2291k of this title
    does not apply during that fiscal year."
      1994 - Pub. L. 103-447, Sec. 101(g)(1)(A), substituted "for
    fiscal year 1995" for "for fiscal years 1993 and 1994" in section
    catchline.
      Subsec. (a)(1). Pub. L. 103-447, Sec. 101(g)(1)(B), struck out
    "(as determined under subsection (h) of this section)" after "drug-
    transit country".
      Subsec. (a)(2). Pub. L. 103-447, Sec. 101(g)(1)(C), substituted
    "March 1" for "April 1".
      Subsec. (c). Pub. L. 103-447, Sec. 101(g)(1)(D), substituted
    "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." for "that such
    country has taken adequate steps to prevent significant diversion
    of its licit cultivation and production into the illicit market,
    maintains production and stockpiles at levels no higher than those
    consistent with licit market demand, and prevents illicit
    cultivation and production."
      Subsec. (d). Pub. L. 103-447, Sec. 101(g)(1)(E), substituted "30
    calendar days" for "45 calendar days".
      Subsec. (g). Pub. L. 103-447, Sec. 101(g)(1)(F), substituted
    "Senate procedures" for "Congressional review procedures" in
    heading, struck out designation and heading of par. (1), and struck
    out heading and text of par. (2). Text read as follows: "For the
    purpose of expediting the consideration and enactment of joint
    resolutions under this section, a motion to proceed to the
    consideration of any such joint resolution after it has been
    reported by the appropriate committee shall be treated as highly
    privileged in the House of Representatives."
      Subsec. (h). Pub. L. 103-447, Sec. 101(g)(1)(G), struck out "for
    fiscal years 1993 and 1994" after "drug producing countries" in
    heading and substituted "November 1" for "January 1" in text.
      Subsec. (i). Pub. L. 103-447, Sec. 101(g)(1)(H), amended heading
    and text of subsec. (i) generally. Prior to amendment, text read as
    follows: "This section applies only during fiscal years 1993 and
    1994. During those fiscal years, section 2291k of this title does
    not apply and the definitions provided in section 2291(e)(2) and
    (5) of this title do not apply."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-EXEC-
      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 [22 U.S.C.
    2291j(b)(1)(A)] (the "Act"), I hereby determine and certify that
    the following major illicit drug producing and/or major illicit
    drug transit countries have cooperated fully with the United
    States, or have taken adequate steps on their own, to achieve full
    compliance with the goals and objectives of the 1988 United Nations
    Convention Against Illicit Traffic in Narcotic Drugs and
    Psychotropic Substances:
        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.

-End-



-CITE-
    22 USC Sec. 2291j-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291j-1. International drug control certification procedures

-STATUTE-
      During any fiscal year, funds that would otherwise be withheld
    from obligation or expenditure under section 2291j of this title
    may be obligated or expended beginning October 1 of such fiscal
    year provided that:
      (1) Report
        Not later than September 15 of the previous fiscal year the
      President has submitted to the appropriate congressional
      committees a report identifying each country determined by the
      President to be a major drug transit country or major illicit
      drug producing country as defined in section 2291(e) of this
      title.
      (2) Designation and justification
        In each report under paragraph (1), the President shall also - 
          (A) designate each country, if any, identified in such report
        that has failed demonstrably, during the previous 12 months, to
        make substantial efforts - 
            (i) to adhere to its obligations under international
          counternarcotics agreements; and
            (ii) to take the counternarcotics measures set forth in
          section 2291h(a)(1) of this title; and

          (B) include a justification for each country so designated.
      (3) Limitation on assistance for designated countries
        In the case of a country identified in a report under paragraph
      (1) that is also designated under paragraph (2) in the report,
      United States assistance may be provided to such country in the
      subsequent fiscal year only if the President determines and
      reports to the appropriate congressional committees that - 
          (A) provision of such assistance to the country in such
        fiscal year is vital to the national interests of the United
        States; or
          (B) subsequent to the designation being made under paragraph
        (2)(A), the country has made substantial efforts - 
            (i) to adhere to its obligations under international
          counternarcotics agreements; and
            (ii) to take the counternarcotics measures set forth in
          section 2291h(a)(1) of this title.
      (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
      section 2291(e) of this title.
        (C) Nothing in this section shall affect the requirements of
      section 2291j of this title with respect to countries identified
      pursuant to section (!1) clause (i) or (ii) of 2291h(a)(8)(A) of
      this title.

      (6) Statutory construction
        Nothing in this section supersedes or modifies the requirement
      in section 2291h(a) of this title (with respect to the
      International Narcotics Control Strategy Report) for the
      transmittal of a report not later than March 1, each fiscal year
      under that section.
      (7) Transition rule
        For funds obligated or expended under this section in fiscal
      year 2003, the date for submission of the report required by
      paragraph (1) of this section shall be at least 15 days before
      funds are obligated or expended.
      (8) Effective date
        This section shall take effect September 30, 2002, and shall
      remain in effect thereafter unless Congress enacts subsequent
      legislation repealing such section.

-SOURCE-
    (Pub. L. 107-228, div. A, title VI, Sec. 706, Sept. 30, 2002, 116
    Stat. 1424; Pub. L. 109-177, title VII, Sec. 722(c), Mar. 9, 2006,
    120 Stat. 269.)

-COD-
                               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.


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (5)(C). Pub. L. 109-177 added subpar. (C).


-EXEC-
     PRESIDENTIAL DETERMINATION ON MAJOR DRUG TRANSIT OR MAJOR ILLICIT
               DRUG PRODUCING COUNTRIES FOR FISCAL YEAR 2007
      Determination of President of the United States, No. 2006-24,
    Sept. 15, 2006, 71 F.R. 57865, provided:
      Memorandum for the Secretary of State
      Pursuant to section 706(1) of the Foreign Relations Authorization
    Act, FY03 (Public Law 107-228) (FRAA), I hereby identify the
    following countries as major drug transit or major illicit drug
    producing countries: Afghanistan, The Bahamas, Bolivia, Brazil,
    Burma, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti,
    India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay,
    Peru, and Venezuela.
      A country's presence on the Majors List is not necessarily an
    adverse reflection of its government's counternarcotics efforts or
    level of cooperation with the United States. Consistent with the
    statutory definition of a major drug transit or drug producing
    country set forth in section 481(e)(2) and (5) of the Foreign
    Assistance Act of 1961, as amended (FAA), one of the reasons that
    major drug transit or illicit drug producing countries are placed
    on the list is the combination of geographical, commercial, and
    economic factors that allow drugs to transit or be produced despite
    the concerned government's most assiduous enforcement measures.
      Pursuant to section 706(2)(A) of the FRAA, I hereby designate
    Burma and Venezuela as countries that have failed demonstrably
    during the previous 12 months to adhere to their obligations under
    international counternarcotics agreements and take the measures set
    forth in section 489(a)(1) of the FAA. Attached to this report (Tab
    A) are justifications for the determinations on Burma and
    Venezuela, as required by section 706(2)(B).
      I have also determined, in accordance with provisions of section
    706(3)(A) of the FRAA, that support for programs to aid Venezuela's
    democratic institutions is vital to the national interests of the
    United States.
      Although President Karzai has strongly attacked narcotrafficking
    as the greatest threat to Afghanistan, one third of the Afghan
    economy remains opium-based, which contributes to widespread public
    corruption. The government at all levels must be held accountable
    to deter and eradicate poppy cultivation; remove and prosecute
    corrupt officials; and investigate, prosecute, or extradite
    narcotraffickers and those financing their activities. We are
    concerned that failure to act decisively now could undermine
    security, compromise democratic legitimacy, and imperil
    international support for vital assistance.
      My Administration is concerned with the decline in Bolivian
    counternarcotics cooperation since October 2005. Bolivia, the
    world's third largest producer of cocaine, has undertaken policies
    that have allowed the expansion of coca cultivation and slowed the
    pace of eradication until mid-year, when it picked up. The
    Government of Bolivia's (GOB) policy of "zero cocaine, but not zero
    coca" has focused primarily on interdiction, to the near exclusion
    of its necessary complements, eradication and alternative
    development. However, the GOB has been supportive of interdiction
    initiatives and has had positive results in seizing cocaine and
    decommissioning rustic labs. We would encourage the GOB to refocus
    its efforts on eliminating excess coca, the source of cocaine. This
    would include eradicating at least 5,000 hectares, including in the
    Chapare region; eliminating the "cato" exemption to Bolivian law;
    rescinding Ministerial Resolution 112, Administrative Resolution
    083, and establishing tight controls on the sale of licit coca leaf
    for traditional use; and implementing strong precursor chemical
    control measures to prevent conversion of coca to cocaine. My
    Administration plans to review Bolivia's performance in these
    specific areas within 6 months.
      The Government of Canada (GOC) continued to effectively curb the
    diversion of precursor chemicals that are required for
    methamphetamine production to feed U.S. illegal markets. The GOC
    also continued to seize laboratories that produce MDMA/Ecstasy
    consumed in both Canada and the United States. The principal drug
    concern was the continuing large-scale production of high-potency,
    indoor-grown marijuana for export to the United States. The United
    States enjoyed excellent cooperation with Canada across a broad
    range of law enforcement issues and shared goals.
      The Government of Ecuador (GOE) has made considerable progress in
    combating narcotics trafficking destined for the United States.
    However, a dramatic increase in the quantity of cocaine transported
    toward the United States using Ecuadorian-flagged ships and
    indications of increased illegal armed group activity along
    Ecuador's northern border with Colombia remain areas of serious
    concern. Effective cooperation and streamlined maritime operational
    procedures between the U.S. Coast Guard and the Ecuadorian Navy are
    resulting in an increase in the amount of cocaine interdicted.
    Building on that cooperation, we will work with Ecuador to change
    the circumstances that make Ecuadorian-flagged vessels and
    Ecuadorian citizenship so attractive to drug traffickers.
      As a result of the elections in Haiti, the new government now has
    a clear mandate from the Haitian people to bring crime, violent
    gangs, and drug trafficking under control. We urge the new
    government to strengthen and accelerate ongoing efforts to rebuild
    and reform Haiti's law enforcement and judicial institutions and to
    consult closely with the United States to define achievable and
    verifiable steps to accomplish these goals.
      While the Government of Nigeria continues to take substantive
    steps to curb official corruption, it remains a major challenge in
    Nigeria. We strongly encourage the government to continue to
    adequately fund and support the anti-corruption bodies that have
    been established there in order to fully address Nigeria's ongoing
    fight against corruption. We urge Nigeria to continue improving the
    effectiveness of the National Drug and Law Enforcement Agency and,
    in particular, improve enforcement operations at major
    airports/seaports and against major drug kingpins, to include
    targeting their financial assets. We look forward to working with
    Nigerian officials to increase extraditions and assisting in drug
    enforcement operations.
      Although there have not been any drug seizures or apprehensions
    of drug traffickers with a connection to the Democratic People's
    Republic of Korea (DPRK) since 2004, we remain concerned about DPRK
    state-directed criminal activity. The United States Government has
    made clear to the DPRK that an end to all involvement in criminal
    activity is a necessary prerequisite to entry into the
    international community.
      Under provisions of the Combat Methamphetamine Epidemic Act
    (CMEA), which modified section 489(a) of the Foreign Assistance Act
    of 1961, as amended, and section 490(a) of the FAA, a report will
    be made to the Congress on March 1, 2007, naming the five countries
    that legally exported the largest amount of methamphetamine
    precursor chemicals, as well as the top five methamphetamine
    precursor importers with the highest rate of diversion for illicit
    drug production. This report will be sent concurrently with the
    International Narcotics Control Strategy Report, which will also
    contain additional reporting on methamphetamine precursor chemicals
    pursuant to the CMEA.
      You are hereby authorized and directed to submit this report
    under section 706 of the FRAA, transmit it to the Congress, and
    publish it in the Federal Register.
                                                         George W. Bush.

      Prior identifications of major drug transit or major illicit drug
    producing countries were contained in the following:
      Determination of President of the United States, No. 2005-36,
    Sept. 14, 2005, 70 F.R. 56807.
      Determination of President of the United States, No. 2004-47,
    Sept. 15, 2004, 69 F.R. 57809.
      Determination of President of the United States, No. 2003-38,
    Sept. 15, 2003, 68 F.R. 54973.
      Determination of President of the United States, No. 2003-14,
    Jan. 30, 2003, 68 F.R. 5787.

-CROSS-
                                DEFINITIONS                            
      For definition of "appropriate congressional committees" as used
    in this section, see section 3 of Pub. L. 107-228, set out as a
    note under section 2651 of this title.

-FOOTNOTE-
    (!1) So in original. The word "section" probably should appear after
         "clause (i) or (ii) of".


-End-



-CITE-
    22 USC Sec. 2291k                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part VIII - International Narcotics Control

-HEAD-
    Sec. 2291k. Repealed.

-MISC1-
    Sec. 2291k. Repealed. Pub. L. 104-66, title I, Sec. 1112(b), Dec.
      21, 1995, 109 Stat. 724.
      Section, Pub. L. 87-195, pt. I, Sec. 490A, as added Pub. L. 102-
    583, Sec. 5(a), Nov. 2, 1992, 106 Stat. 4927; amended Pub. L. 103-
    447, title I, Sec. 101(g)(2), Nov. 2, 1994, 108 Stat. 4693,
    related to annual certification procedures after Sept. 30, 1995.

-End-


-CITE-
    22 USC Part IX - International Disaster Assistance          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
                PART IX - INTERNATIONAL DISASTER ASSISTANCE            

-End-



-CITE-
    22 USC Sec. 2292                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292. General provisions

-STATUTE-
    (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 section 2292a of this title, and
    notwithstanding any other provision of this chapter or any other
    Act, the President is authorized to furnish assistance to any
    foreign country, international organization, or private voluntary
    organization, on such terms and conditions as he may determine, for
    international disaster relief and rehabilitation, including
    assistance relating to disaster preparedness, and to the prediction
    of, and contingency planning for, natural disasters abroad.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 491, as added Pub. L. 94-161, title I,
    Sec. 101(3), Dec. 20, 1975, 89 Stat. 849; amended Pub. L. 95-424,
    title I, Sec. 118(a), Oct. 6, 1978, 92 Stat. 953; Pub. L. 96-533,
    title IV, Sec. 404(b), Dec. 16, 1980, 94 Stat. 3150.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 491 of Pub. L. 87-195, pt. I, as added Pub. L. 92-
    226, pt. I, Sec. 109, Feb. 7, 1972, 86 Stat. 24, provided for East
    Pakistan refugee relief assistance, including appropriations
    authorization of $250,000,000 for fiscal year 1972, prior to repeal
    by section 101(2) of Pub. L. 94-161.

                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-533 substituted "limitations" for
    "limitation on appropriations".
      1978 - Subsec. (b). Pub. L. 95-424 substituted ", international
    organization, or private voluntary organization" for "or
    international organization".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292a. Authorization of appropriations

-STATUTE-
    (a) Fiscal year authorization
      There are authorized to be appropriated to the President to carry
    out section 2292 of this title, $25,000,000 for fiscal year 1986
    and $25,000,000 for fiscal year 1987. Amounts appropriated under
    this section are authorized to remain available until expended.
    (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 section 2292 of this title.
    Amounts subsequently appropriated under this part with respect to a
    disaster may be used to reimburse any appropriation account against
    which obligations were incurred under this subsection with respect
    to that disaster.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 492, as added Pub. L. 94-161, title I,
    Sec. 101(3), Dec. 20, 1975, 89 Stat. 849; amended Pub. L. 95-88,
    title I, Sec. 119, Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-424,
    title I, Sec. 118(b), Oct. 6, 1978, 92 Stat. 953; Pub. L. 96-53,
    title I, Sec. 115, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533,
    title IV, Secs. 403, 404(a), Dec. 16, 1980, 94 Stat. 3150; Pub. L.
    97-113, title V, Sec. 503, Dec. 29, 1981, 95 Stat. 1539; Pub. L. 99-
    83, title IV, Sec. 404, Aug. 8, 1985, 99 Stat. 219.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-83 substituted provisions
    authorizing appropriations of $25,000,000 for fiscal years 1986 and
    1987, for provisions authorizing appropriations of $27,000,000 for
    fiscal years 1982 and 1983.
      1981 - Subsec. (a). Pub. L. 97-113 substituted appropriations
    authorization of $27,000,000 for fiscal years 1982 and 1983, for
    appropriation of $25,000,000 for fiscal year 1981.
      1980 - Subsec. (a). Pub. L. 96-533, Secs. 403, 404(a)(1),
    substituted appropriations authorization of "$25,000,000 for the
    fiscal year 1981" for such authorization of "$21,800,000 for the
    fiscal year 1980" and designated existing provisions as subsec.
    (a).
      Subsec. (b). Pub. L. 96-533, Sec. 404(a)(2), added subsec. (b).
      1979 - Pub. L. 96-53 substituted "$21,800,000" for "$25,000,000"
    and "1980" for "1979".
      1978 - Pub. L. 95-424 substituted "the fiscal year 1979" for
    "each of the fiscal years 1977 and 1978" and struck out provision
    requiring the President to submit quarterly reports to the
    Committee on Foreign Relations of the Senate and to the Speaker of
    the House of Representatives on the programming and obligation of
    funds.
      1977 - Pub. L. 95-88 substituted "fiscal years 1977 and 1978" for
    "fiscal years 1976 and 1977".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292a-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292a-1. Appropriated funds; Presidential reports to
      Committees on Appropriations of the Senate and the House

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 94-330, title I, Sec. 100, June 30, 1976, 90 Stat. 773.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Assistance Act of
    1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2292b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292b. Disaster assistance coordination through a Special
      Coordinator for International Disaster Assistance; Presidential
      appointment and duties

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 493, as added Pub. L. 94-161, title I,
    Sec. 101(3), Dec. 20, 1975, 89 Stat. 849.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292c. Authorization of appropriations for disaster relief and
      emergency recovery needs in Pakistan and Nicaragua

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 494, formerly Sec. 452, as added Pub.
    L. 93-333, Sec. 2(2), July 8, 1974, 88 Stat. 290; renumbered Sec.
    494, Pub. L. 94-161, title I, Sec. 101(4), Dec. 20, 1975, 89 Stat.
    850.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2262 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292d. Repealed.

-MISC1-
    Sec. 2292d. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. I, Sec. 494A, formerly pt. III, Sec.
    639A, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87 Stat.
    725, amended Pub. L. 93-333, Sec. 3(2)-(5), July 8, 1974, 88 Stat.
    290; renumbered pt. I, Sec. 494A, Pub. L. 94-161, title I, Sec.
    101(5), Dec. 20, 1975, 89 Stat. 850, related to famine and disaster
    relief to drought-stricken African nations.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

     ASSISTANCE IN CONTROLLING LOCUST PLAGUES IN AFRICA; AUTHORIZATION
                             OF APPROPRIATIONS
      Pub. L. 95-424, title I, Sec. 120, Oct. 6, 1978, 92 Stat. 954,
    provided that: "In order to assist in attempts to control locust
    plagues in Africa, especially in the Horn of Africa, there is
    authorized to be appropriated to the President, in addition to
    amounts otherwise authorized for disaster relief purposes,
    $2,000,000, which amount is authorized to remain available until
    expended."

-End-



-CITE-
    22 USC Sec. 2292e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292e. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. I, Sec. 120, formerly pt. III, Sec.
    639B, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87 Stat.
    725; renumbered pt. I, Sec. 494B, and amended Pub. L. 94-161, title
    I, Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I,
    Sec. 120; amended Pub. L. 95-88, title I, Sec. 115(1), (2), Aug. 3,
    1977, 91 Stat. 539, which related to the Sahel development program
    and had been classified to section 2399-1b of this title, has been
    transferred to section 2151r of this title.

-End-



-CITE-
    22 USC Sec. 2292f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292f. Cyprus: relief and rehabilitation; terms and
      conditions; authorization of appropriations; section 2292 policy
      and general authority applicable

-STATUTE-
      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
    section 2292 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495, as added Pub. L. 94-161, title I,
    Sec. 101(8), Dec. 20, 1975, 89 Stat. 850; amended Pub. L. 94-329,
    title IV, Sec. 402, June 30, 1976, 90 Stat. 757.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-329 substituted "$40,000,000" for
    "$30,000,000".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292g. Repealed.

-MISC1-
    Sec. 2292g. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. I, Sec. 495A, as added Pub. L. 94-
    276, Sec. 2, Apr. 21, 1976, 90 Stat. 397, related to relief and
    rehabilitation for people victimized by recent earthquakes in
    Guatemala.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2292h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292h. Italy: relief, rehabilitation and reconstruction
      assistance

-STATUTE-
      (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
    section 2292 of this title and on such terms and conditions as he
    may determine, for the people who have been victimized by the
    recent earthquakes in Italy. Amounts appropriated under this
    subsection are authorized to remain available until expended.
      (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 section 2292 of this title and on such
    terms and conditions as the President may determine.
      (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495B, as added Pub. L. 94-329, title
    IV, Sec. 415, June 30, 1976, 90 Stat. 761; amended Pub. L. 95-88,
    title I, Sec. 120, Aug. 3, 1977, 91 Stat. 541; Pub. L. 96-525, Dec.
    12, 1980, 94 Stat. 3043.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (d). Pub. L. 96-525 added subsec. (d).
      1977 - Subsecs. (b), (c). Pub. L. 95-88 added subsec. (b) and
    redesignated subsec. (b) as (c).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292i. Lebanon: relief and rehabilitation

-STATUTE-
    (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 section 2292
    of this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495C, as added Pub. L. 94-329, title
    IV, Sec. 416, June 30, 1976, 90 Stat. 762; amended Pub. L. 95-424,
    title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 959.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (e). Pub. L. 95-424 struck out subsec. (e)
    relating to reports to Congress by the President regarding the
    programing and obligation of funds under this section.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292j                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292j. Romania: relief and rehabilitation

-STATUTE-
    (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 section 2292
    of this title.
    (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, Sec. 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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495D, as added Pub. L. 95-21, Apr. 18,
    1977, 91 Stat. 48; amended Pub. L. 97-113, title VII, Sec.
    734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (e). Pub. L. 97-113 repealed subsec. (e) which
    required quarterly reports on the programming and obligation of
    funds under this section.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292k                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292k. Turkey: relief, rehabilitation, and reconstruction

-STATUTE-
      The President is requested to use up to $10,000,000 of the funds
    made available under section 2292a of this title to provide relief,
    rehabilitation, and reconstruction assistance to the victims of the
    recent earthquakes in Turkey.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495E, formerly Sec. 495D, as added
    Pub. L. 95-88, title I, Sec. 121, Aug. 3, 1977, 91 Stat. 541;
    renumbered Sec. 495E, Pub. L. 95-424, title I, Sec. 119(1), Oct. 6,
    1978, 92 Stat. 953.)


-MISC1-
                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292l                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292l. Africa: rehabilitation and resettlement

-STATUTE-
    (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 section 2292
    of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495F, as added Pub. L. 95-424, title
    I, Sec. 119(2), Oct. 6, 1978, 92 Stat. 953; amended Pub. L. 96-53,
    title I, Sec. 116, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533,
    title IV, Sec. 405, Dec. 16, 1980, 94 Stat. 3150.)


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (a). Pub. L. 96-533 substituted subsec. (a) for
    prior first sentence authorization of the President to furnish
    assistance, on such terms and conditions as he may determine,
    exclusively for the relief and rehabilitation of African refugees
    and other needy people located in Africa.
      Subsec. (b). Pub. L. 96-533 incorporated existing second sentence
    in provisions designated subsec. (b) and increased appropriations
    authorization to $15,000,000 for fiscal year 1981 for such
    authorization of $14,920,000 for fiscal year 1980.
      Subsec. (c). Pub. L. 96-533 designated third sentence as subsec.
    (c).
      1979 - Pub. L. 96-53 substituted "1980" for "1979" and
    "$14,920,000" for "$15,000,000".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292m                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292m. Special Caribbean hurricane relief assistance

-STATUTE-
      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 section 2292 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495G, as added Pub. L. 96-109, Sec. 1,
    Nov. 9, 1979, 93 Stat. 842.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292n                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292n. Cambodia: disaster relief assistance

-STATUTE-
    (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. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
    1981, 95 Stat. 1560.
    (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 section 2360(a)
    of this title (without regard to the 20 percent limitation
    contained in that section on increases in accounts) in order to
    transfer, for use in carrying out this section, up to $30,000,000
    of the funds made available for the fiscal year 1980 to carry out
    other provisions of this chapter.
      (4) Priority shall be given in allocating assistance under the
    Agricultural Trade Development and Assistance Act of 1954 [7 U.S.C.
    1691 et seq.] to furnishing agricultural commodities for use in
    carrying out this section.
    (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
    section 2292 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495H, as added Pub. L. 96-110, Sec. 2,
    Nov. 13, 1979, 93 Stat. 843; amended Pub. L. 97-113, title VII,
    Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d)(3), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (d)(4), is act July 10, 1954, ch. 469, 68
    Stat. 454, as amended, which is classified principally to chapter
    41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1691 of Title 7, and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (c)(2). Pub. L. 97-113 repealed par. (2) which
    required a Presidential report to Congress no later than 90 days
    after Nov. 13, 1979, on provision of Cambodian Disaster Relief
    Assistance.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292o                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292o. Assistance for displaced persons in Central America

-STATUTE-
    (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
    section 2292 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495I, as added Pub. L. 97-113, title
    V, Sec. 504, Dec. 29, 1981, 95 Stat. 1540.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292p                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292p. Lebanon: emergency relief, rehabilitation, and
      reconstruction assistance

-STATUTE-
    (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 section 2292
    of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495J, as added Pub. L. 97-208, June
    30, 1982, 96 Stat. 138.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2292q                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part IX - International Disaster Assistance

-HEAD-
    Sec. 2292q. African famine assistance

-STATUTE-
    (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 section 2292
    of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 495K, as added Pub. L. 99-8, Sec. 2,
    Apr. 2, 1985, 99 Stat. 21.)

-REFTEXT-
                            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 Pub. L. 99-
    8, formerly set out below.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC1-
              AFRICAN FAMINE RELIEF AND RECOVERY ACT OF 1985          
      Pub. L. 99-8, Secs. 1, 3-6, Apr. 2, 1985, 99 Stat. 21-23,
    authorized appropriations of $37,500,000 for fiscal year 1985 for
    assisting refugees and displaced persons in Africa, in addition to
    amounts otherwise available for such purpose, with such amount
    available only for assistance in those countries in Africa that
    suffered during calendar years 1984 and 1985 from exceptional food
    supply problems due to drought and other calamities and directed
    the President to report to Congress not later than June 30, 1985,
    with respect to the United States contribution to meet emergency
    needs, including food needs, for African famine assistance, and to
    report to Congress not later than Sept. 30, 1985, on assistance
    provided pursuant to this Act.

-End-


-CITE-
    22 USC Part X - Development Fund for Africa                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part X - Development Fund for Africa

-HEAD-
                   PART X - DEVELOPMENT FUND FOR AFRICA               


-MISC1-
                             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 Pub. L. 99-83, title XII, Sec.
    1211(a)(4), Aug. 8, 1985, 99 Stat. 279.

-End-



-CITE-
    22 USC Sec. 2293                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part X - Development Fund for Africa

-HEAD-
    Sec. 2293. Long-term development assistance for sub-Saharan Africa

-STATUTE-
    (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 sections 2151a through 2151d of this
      title) shall be deemed to include a reference to this section;
      and
        (2) assistance under this section shall be provided consistent
      with the policies contained in section 2151-1 of this title.
    (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 sections 2151a through
      2151d of this title.
    (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 section 2151g of this
      title shall not apply with respect to this section.
        (B) The transfer authority contained in section 2360(a) of this
      title may not be used to transfer funds made available to carry
      out this section in order to allow them to be used in carrying
      out any other provision of this chapter.
      (3) Reprogramming notifications
        Section 2394-1 of this title does not apply with respect to
      funds made available to carry out this section.
      (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,
      section 2354(a) of this title, and similar provisions relating to
      the procurement of goods and services, shall not apply with
      respect to goods and services procured for use in carrying out
      this section. The exemption provided by this paragraph shall not
      be construed to apply to the Comprehensive Anti/Apartheid Act of
      1986.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 496, as added Pub. L. 101-513, title
    V, Sec. 562(a), Nov. 5, 1990, 104 Stat. 2026; amended Pub. L. 106-
    200, title I, Sec. 127(c), May 18, 2000, 114 Stat. 273; Pub. L.
    106-264, title I, Sec. 111(b), Aug. 19, 2000, 114 Stat. 752.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (n)(2)(B), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Comprehensive Anti/Apartheid Act of 1986, referred to in
    subsec. (n)(4), probably means the Comprehensive Anti-Apartheid Act
    of 1986, which is Pub. L. 99-440, Oct. 2, 1986, 100 Stat. 1086, as
    amended, and was classified principally to chapter 60 (Sec. 5001 et
    seq.) of this title, prior to repeal by Pub. L. 103-149, Sec.
    4(a)(1), (2), Nov. 23, 1993, 107 Stat. 1504, 1505. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2293, Pub. L. 87-195, pt. I, Sec. 496, as added
    Pub. L. 93-559, Sec. 53, Dec. 30, 1974, 88 Stat. 1818; amended Pub.
    L. 94-161, title III, Sec. 314, Dec. 20, 1975, 89 Stat. 866,
    related to economic assistance, etc., to Portugal and Portuguese
    colonies in Africa gaining independence, prior to repeal by Pub. L.
    99-83, title XII, Sec. 1211(a)(4), Aug. 8, 1985, 99 Stat. 279,
    effective Oct. 1, 1985.

                                AMENDMENTS                            
      2000 - Subsec. (h)(3). Pub. L. 106-200, Sec. 127(c)(1)(B), added
    par. (3). Former par. (3) redesignated (4).
      Subsec. (h)(4). Pub. L. 106-200, Sec. 127(c)(1)(A), (2),
    redesignated par. (3) as (4) and substituted "paragraphs (1), (2),
    and (3)" for "paragraphs (1) and (2)" in first sentence.
      Subsec. (i)(2). Pub. L. 106-264 inserted at end "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."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
         AGRICULTURAL AND RURAL DEVELOPMENT IN SUB-SAHARAN AFRICA     
      Pub. L. 105-385, Sec. 2, Nov. 13, 1998, 112 Stat. 3460, provided
    that:
      "(a) Findings. - Congress finds the following:
        "(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) Declaration of Policy. - It is the policy of the United
    States, consistent with title XII of part I of the Foreign
    Assistance Act of 1961 [probably means title XII of chapter 2 of
    part I of the Foreign Assistance Act of 1961, 22 U.S.C. 2220a et
    seq.], to support governments of sub-Saharan African countries,
    United States and African nongovernmental organizations,
    universities, businesses, and international agencies, to help
    ensure the availability of basic nutrition and economic
    opportunities for individuals in sub-Saharan Africa, through
    sustainable agriculture and rural development."
      Pub. L. 105-385, title I, Nov. 13, 1998, 112 Stat. 3462, provided
    that:

      "SEC. 101. AFRICA FOOD SECURITY INITIATIVE.
      "(a) Additional Requirements in Carrying Out the Initiative. - In
    providing development assistance under the Africa Food Security
    Initiative, or any comparable or successor program, the
    Administrator of the United States Agency for International
    Development - 
        "(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) Sense of the Congress. - It is the sense of the Congress
    that, if there is an increase in funding for sub-Saharan programs,
    the Administrator of the United States Agency for International
    Development should proportionately increase resources to the Africa
    Food Security Initiative, or any comparable or successor program,
    for fiscal year 2000 and subsequent fiscal years in order to meet
    the needs of the countries participating in such Initiative.

      "SEC. 102. MICROENTERPRISE ASSISTANCE.
      "(a) Bilateral Assistance. - In providing microenterprise
    assistance for sub-Saharan Africa, the Administrator of the United
    States Agency for International Development shall, to the extent
    practicable, use credit and microcredit assistance to improve the
    capacity and efficiency of agriculture production in sub-Saharan
    Africa of small-scale farmers and small rural entrepreneurs. In
    providing assistance, the Administrator should use the applied
    research and technical assistance capabilities of United States
    land-grant universities.
      "(b) Multilateral Assistance. - 
        "(1) In general. - The Administrator of the United States
      Agency for International Development shall continue to work with
      other countries, international organizations (including
      multilateral development institutions), and entities assisting
      microenterprises and shall develop a comprehensive and
      coordinated strategy for providing microenterprise assistance for
      sub-Saharan Africa.
        "(2) Additional requirement. - In carrying out paragraph (1),
      the Administrator should encourage the World Bank Consultative
      Group to Assist the Poorest to coordinate the strategy described
      in such paragraph.

      "SEC. 103. SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING
        ASSOCIATIONS.
      "(a) Purposes. - The purposes of this section are - 
        "(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) Support for Producer-Owned Cooperative Marketing
    Associations. - 
        "(1) Activities. - 
          "(A) In general. - The Administrator of the United States
        Agency for International Development is authorized to utilize
        relevant foreign assistance programs and initiatives for sub-
        Saharan Africa to support private producer-owned cooperative
        marketing associations in sub-Saharan Africa, including rural
        business associations that are owned and controlled by farmer
        shareholders.
          "(B) Additional requirements. - In carrying out subparagraph
        (A), the Administrator - 
            "(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 (22 U.S.C. 2293(e)(1)).
        "(2) Other activities. - In addition to carrying out paragraph
      (1), the Administrator is encouraged - 
          "(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) Purpose. - The purpose of this section is to encourage the
    Overseas Private Investment Corporation to work with United States
    businesses and other United States entities to invest in rural sub-
    Saharan Africa, particularly in ways that will develop the
    capacities of small-scale farmers and small rural entrepreneurs,
    including women, in sub-Saharan Africa.
      "(b) Sense of the Congress. - It is the sense of the Congress
    that - 
        "(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) Development of Plan. - The Administrator of the United
    States Agency for International Development, in consultation with
    the Secretary of Agriculture and appropriate Department of
    Agriculture agencies, especially the Cooperative State, Research,
    Education and Extension Service (CSREES), shall develop a
    comprehensive plan to coordinate and build on the research and
    extension activities of United States land-grant universities,
    international agricultural research centers, and national
    agricultural research and extension centers in sub-Saharan Africa.
      "(b) Additional Requirements. - Such plan shall seek to ensure
    that - 
        "(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 Pub. L. 101-513 provided that: "As part of the
    annual Congressional Presentation materials for economic
    assistance, the Administrator of the Agency for International
    Development shall include a description of the progress made during
    the previous fiscal year in carrying out chapter 10 of part I of
    the Foreign Assistance Act of 1961 [this part] in three countries
    in sub-Saharan Africa which represent differing economic situations
    and levels of progress. The description shall include - 
        "(1) the nature and extent of consultation to ensure local
      perspectives, as described in subsections (e)(1) and (f) of
      section 496 [22 U.S.C. 2293(e)(1), (f)];
        "(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."

-FOOTNOTE-
    (!1) So in original. Probably should be "has".


-End-



-CITE-
    22 USC Sec. 2294                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part X - Development Fund for Africa

-HEAD-
    Sec. 2294. Authorizations of appropriations for Development Fund
      for Africa

-STATUTE-
      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 section 2293 of
    this title.


-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 497, as added Pub. L. 101-513, title
    V, Sec. 562(a), Nov. 5, 1990, 104 Stat. 2030.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2294, Pub. L. 87-195, pt. I, Sec. 497, as added
    Pub. L. 95-92, Sec. 4, Aug. 4, 1977, 91 Stat. 614, related to
    balance of payments loan for Portugal, prior to repeal by Pub. L.
    99-83, title XII, Sec. 1211(a)(4), Aug. 8, 1985, 99 Stat. 279,
    effective Oct. 1, 1985.

-FOOTNOTE-
    (!1) So in original. Probably should be "section".


-End-


-CITE-
    22 USC Part XI - Support for Economic and Democratic
           Development of the Independent States of the
           Former Soviet Union                             01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XI - Support for Economic and Democratic Development of the
               Independent States of the Former Soviet Union

-HEAD-
     PART XI - SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT OF THE
               INDEPENDENT STATES OF THE FORMER SOVIET UNION

-End-



-CITE-
    22 USC Sec. 2295                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XI - Support for Economic and Democratic Development of the
               Independent States of the Former Soviet Union

-HEAD-
    Sec. 2295. Assistance for the independent states

-STATUTE-
      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 section 2295b(e)
        of this title, including - 
            (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 498, as added Pub. L. 102-511, title
    II, Sec. 201, Oct. 24, 1992, 106 Stat. 3324; amended Pub. L. 107-
    246, Sec. 4(a), Oct. 23, 2002, 116 Stat. 1514.)


-MISC1-
                                AMENDMENTS                            
      2002 - Par. (2). Pub. L. 107-246, Sec. 4(a)(1)(A), substituted
    "Democracy and rule of law" for "Democracy" in heading.
      Par. (2)(E) to (J). Pub. L. 107-246, Sec. 4(a)(1)(B)-(E), added
    subpars. (E) to (H) and (J), redesignated former subpar. (F) as
    (I), and struck out former subpars. (E) and (G) which read as
    follows:
      "(E) the development of a free and independent media;
      "(G) strengthened administration of justice through programs and
    activities carried out in accordance with section 2295b(e) of this
    title."
      Pars. (3) to (14). Pub. L. 107-246, Sec. 4(a)(2), added par. (3)
    and redesignated former pars. (3) to (13) as (4) to (14),
    respectively.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title, and section 3(b) of
    Ex. Ord. No. 12884, Dec. 1, 1993, 58 F.R. 64099, as amended, set
    out as a note under section 5812 of this title.


-MISC2-
                           FINDINGS AND PURPOSES                       
      Pub. L. 107-246, Sec. 2, Oct. 23, 2002, 116 Stat. 1511, provided
    that:
      "(a) Findings. - Congress makes the following findings:
        "(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) Purposes. - The purposes of this Act [see Short Title of
    2002 Amendments note set out under section 2151 of this title] are -
     
        "(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        
      Pub. L. 107-246, Sec. 3, Oct. 23, 2002, 116 Stat. 1513, provided
    that:
      "(a) Sense of Congress. - It is the sense of Congress that the
    United States Government should - 
        "(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) Statement of Policy. - It shall be the policy of the United
    States - 
        "(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           
      Pub. L. 107-246, Sec. 5, Oct. 23, 2002, 116 Stat. 1515, provided
    that:
      "(a) Assistance Programs. - In providing assistance to the
    Russian Federation under chapter 11 of part I of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President is
    authorized to - 
        "(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) Radio Free Europe/Radio Liberty and Voice of America. -
    RFE/RL, Incorporated, and the Voice of America should use new and
    innovative techniques, in cooperation with local independent media
    sources and using local languages as appropriate and as possible,
    to disseminate throughout the Russian Federation information
    relating to democracy, free-market economics, the rule of law, and
    human rights."

-End-



-CITE-
    22 USC Sec. 2295a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XI - Support for Economic and Democratic Development of the
               Independent States of the Former Soviet Union

-HEAD-
    Sec. 2295a. Criteria for assistance to governments of the
      independent states

-STATUTE-
    (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 section 2799aa or
      2799aa-1 of this title or sections 5604(a)(1) and 5605 of this
      title;
        (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 section
      2295b(k)(3) of this title) with, the Cuban Government; or
        (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 Public Law 103-160)
        [22 U.S.C. 5951 et seq.].

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 498A, as added Pub. L. 102-511, title
    II, Sec. 201, Oct. 24, 1992, 106 Stat. 3326; amended Pub. L. 103-
    236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat. 519; Pub.
    L. 104-114, title I, Sec. 106(b), (c)(1), (3), (d)(2), Mar. 12,
    1996, 110 Stat. 795-797.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d)(1), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Cooperative Threat Reduction Act of 1993, referred to in
    subsec. (d)(3)(G), is title XII of div. A of Pub. L. 103-160, Nov.
    30, 1993, 107 Stat. 1777, which is classified generally to chapter
    68A (Sec. 5951 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5951 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(11). Pub. L. 104-114, Sec. 106(b), substituted
    "military and intelligence facilities, including the military and
    intelligence facilities at Lourdes and Cienfuegos" for "of military
    facilities".
      Subsec. (b)(5), (6). Pub. L. 104-114, Sec. 106(c)(1), added par.
    (5) and redesignated former par. (5) as (6).
      Subsec. (c)(4). Pub. L. 104-114, Sec. 106(c)(3), added par. (4).
      Subsec. (d). Pub. L. 104-114, Sec. 106(d)(2), added subsec. (d).
      1994 - Subsec. (b)(4). Pub. L. 103-236 substituted "section
    2799aa or 2799aa-1" for "section 2429 or 2429a".

-CHANGE-
                              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.


-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
    1994, see section 831 of Pub. L. 103-236, set out as an Effective
    Date note under section 6301 of this title.


-TRANS-
                           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 sections 6531 and
    6532 of this title.

                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      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
    section 5812 of this title.
      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.


-MISC3-
     INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITHHOLDING CERTAIN
                   DOCUMENTS OF UNITED STATES NATIONALS
      Section 202 of Pub. L. 102-511 provided that:
      "(a) Prohibition. - Except as provided in subsections (b) and
    (c), an agency, instrumentality, or other governmental entity of an
    independent state of the former Soviet Union shall not be eligible
    to receive assistance under chapter 11 of part I of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2295 et seq.] if - 
        "(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) Exception for Humanitarian Assistance. - The prohibition
    contained in subsection (a) shall not apply to the provision of
    assistance to alleviate suffering resulting from a natural or man-
    made disaster.
      "(c) Waiver Authority. - The Secretary of State may waive the
    application of subsection (a) whenever the Secretary finds that - 
        "(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) Report. - Nine months after the date of enactment of this
    Act [Oct. 24, 1992], the Secretary of State shall report to the
    Speaker of the House of Representatives and the Chairman of the
    Committee on Foreign Relations of the Senate on the status of final
    judgments described in subsection (a)(1).
      "(e) United States Person. - For purposes of this section, the
    term 'United States person' means - 
        "(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)."

-FOOTNOTE-
    (!1) So in original. Probably should be "Baltic".


-End-



-CITE-
    22 USC Sec. 2295b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XI - Support for Economic and Democratic Development of the
               Independent States of the Former Soviet Union

-HEAD-
    Sec. 2295b. Authorities relating to assistance and other provisions

-STATUTE-
    (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 [22 U.S.C. 5421] (excluding the authorizations
    of appropriations provided in subsection (b) of that section) shall
    be deemed to apply with respect to such enterprise fund and to
    funds made available to such enterprise fund pursuant to this part.
    (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 section 2295 of this title, the President may exercise
    the same authorities as are available under section 2346c of this
    title, subject to the limitations and requirements of that section,
    other than subsection (c) and the last two sentences of subsection
    (e).
    (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 [22 U.S.C.
    5401 et seq.] to use - 
        (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 section 2295 of this title with
    respect to the independent states of the former Soviet Union.
    (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) section 2394-1 of this title and comparable notification
        requirements contained in sections of the annual foreign
        operations, export financing, and related programs Act;
          (C) sections 2799aa and 2799aa-1 of this title and sections
        5604 and 5605 of this title, to the extent that they apply to
        assistance to governments; and
          (D) section 1341 of title 31 (commonly referred to as the
        "Anti-Deficiency Act"), the Congressional Budget and
        Impoundment Control Act of 1974, the Balanced Budget and
        Emergency Deficit Control Act of 1985, and the Budget
        Enforcement Act of 1990.
      (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 section 5801 of this title.
      (3) Nonmarket based trade
        As used in section 2295a(b)(5) of this title, the term
      "nonmarket based trade" includes exports, imports, exchanges, or
      other arrangements that are provided for goods and services
      (including oil and other petroleum products) on terms more
      favorable than those generally available in applicable markets or
      for comparable commodities, including - 
          (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 section 1603(b)
      of title 28, with each reference in such section to "a foreign
      state" deemed to be a reference to "Cuba".

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 498B, as added Pub. L. 102-511, title
    II, Sec. 201, Oct. 24, 1992, 106 Stat. 3328; amended Pub. L. 103-
    236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat. 519; Pub.
    L. 104-114, title I, Sec. 106(c)(2), Mar. 12, 1996, 110 Stat. 796;
    Pub. L. 107-246, Sec. 4(b), Oct. 23, 2002, 116 Stat. 1515.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Support for East European Democracy (SEED) Act of 1989,
    referred to in subsec. (g), is Pub. L. 101-179, Nov. 28, 1989, 103
    Stat. 1298, as amended, which is classified principally to chapter
    63 (Sec. 5401 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5401 of this title and Tables.
      The Congressional Budget and Impoundment Control Act of 1974,
    referred to in subsec. (j)(1)(D), is Pub. L. 93-344, July 12, 1974,
    88 Stat. 297, as amended. For complete classification of this Act
    to the Code, see Short Title note set out under section 621 of
    Title 2, The Congress, and Tables.
      The Balanced Budget and Emergency Deficit Control Act of 1985,
    referred to in subsec. (j)(1)(D), is title II of Pub. L. 99-177,
    Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20
    (Sec. 900 et seq.) and sections 654 to 656 of Title 2, amended
    sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections
    1104 to 1106 and 1109 of Title 31, Money and Finance, and section
    911 of Title 42, The Public Health and Welfare, repealed section
    661 of Title 2, enacted provisions set out as notes under section
    900 of Title 2 and section 911 of Title 42, and amended provisions
    set out as a note under section 621 of Title 2. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 900 of Title 2 and Tables.
      The Budget Enforcement Act of 1990, referred to in subsec.
    (j)(1)(D), is title XIII of Pub. L. 101-508, Nov. 5, 1990, 104
    Stat. 1388-573. For complete classification of this Act to the
    Code, see Short Title of 1990 Amendment note set out under section
    900 of Title 2 and Tables.
      Section 510 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991, referred to in subsec.
    (j)(2), is section 510 of Pub. L. 101-513, title V, Nov. 5, 1990,
    104 Stat. 2003, which is not classified to the Code.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (e). Pub. L. 107-246 substituted "paragraph
    (2)(J)" for "paragraph (2)(G)".
      1996 - Subsec. (k)(3), (4). Pub. L. 104-114 added pars. (3) and
    (4).
      1994 - Subsec. (j)(1)(C). Pub. L. 103-236 substituted "sections
    2799aa and 2799aa-1" for "sections 2429 and 2429a".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
    1994, see section 831 of Pub. L. 103-236, set out as an Effective
    Date note under section 6301 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      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 section 5812
    of this title.
      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.


-MISC3-
                      TRANS-CAUCASUS ENTERPRISE FUND                  
      Pub. L. 104-107, title II, [(t)], Feb. 12, 1996, 110 Stat. 714,
    provided that: "The President shall establish a Trans-Caucasus
    Enterprise Fund to encourage regional peace through economic
    cooperation: Provided, That the President shall seek other
    bilateral and multilateral investors in the Fund: Provided further,
    That of the funds made available under this heading [Other
    Bilateral Economic Assistance, assistance for the new independent
    states of the former soviet union, see 110 Stat. 712], not less
    than $15,000,000 shall be made available for a United States
    investment in the Trans-Caucasus Enterprise Fund."

-FOOTNOTE-
    (!1) So in original. Probably should be "unforeseen".


-End-



-CITE-
    22 USC Sec. 2295c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XI - Support for Economic and Democratic Development of the
               Independent States of the Former Soviet Union

-HEAD-
    Sec. 2295c. Authorization of appropriations

-STATUTE-
    (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
      section 2394-1 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 498C, as added Pub. L. 102-511, title
    II, Sec. 201, Oct. 24, 1992, 106 Stat. 3330.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      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 section 5812 of
    this title.

-End-


-CITE-
    22 USC Part XII - Support for the Economic and Political
           Independence of the Countries of the South
           Caucasus and Central Asia                       01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
     PART XII - SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF
           THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA


-MISC1-
                             PRIOR PROVISIONS                         
      A prior part XII, consisting of section 2296, related to the
    Enterprise for the Americas Initiative, prior to repeal by Pub. L.
    102-549, title VI, Sec. 602(b), Oct. 28, 1992, 106 Stat. 3669.

-End-



-CITE-
    22 USC Sec. 2296                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296. United States assistance to promote reconciliation and
      recovery from regional conflicts

-STATUTE-
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499, as added Pub. L. 106-113, div. B,
    Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-123.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2296, Pub. L. 87-195, pt. I, Sec. 499, as added
    Pub. L. 102-391, title V, Sec. 594(a), Oct. 6, 1992, 106 Stat.
    1692, authorized reduction of certain debts owed to the United
    States, prior to repeal by Pub. L. 102-549, title VI, Sec. 602(b),
    Oct. 28, 1992, 106 Stat. 3669.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2296a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296a. Economic assistance

-STATUTE-
    (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 section 2295 of this
    title, activities supported by assistance under subsection (b) of
    this section should support the development of the structures and
    means necessary for the growth of private sector economies based
    upon market principles.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499A, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-124.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2296b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296b. Development of infrastructure

-STATUTE-
    (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 [12 U.S.C. 635 et seq.].
        (2) The provision of insurance, reinsurance, financing, or
      other assistance by the Overseas Private Investment Corporation.
        (3) Assistance under section 2421 of this title (relating to
      the Trade and Development Agency).
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499B, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-124.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export-Import Bank Act of 1945, referred to in subsec.
    (b)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,
    which is classified generally to subchapter I (Sec. 635 et seq.) of
    chapter 6A of Title 12, Banks and Banking. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 635 of Title 12 and Tables.

-End-



-CITE-
    22 USC Sec. 2296c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296c. Border control assistance

-STATUTE-
    (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 section 2332a(c)(2) of title 18),
    and to contain and inhibit transnational organized criminal
    activities.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499C, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-124.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2296d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296d. Strengthening democracy, tolerance, and the development
      of civil society

-STATUTE-
    (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 section 2151n(e) of this title.
    (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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499D, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-125.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2296e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296e. Administrative authorities

-STATUTE-
    (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 (22 U.S.C. 5801 et seq.) or any other Act, and the authorities
    applicable to the provision of assistance under part XI of this
    subchapter may be used to provide assistance under this part.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499E, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-125.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The FREEDOM Support Act, referred to in subsec. (d), is Pub. L.
    102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known as
    the Freedom for Russia and Emerging Eurasian Democracies and Open
    Markets Support Act of 1992. For complete classification of this
    Act to the Code, see Short Title note set out under section 5801 of
    this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2296f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER I - INTERNATIONAL DEVELOPMENT
    Part XII - Support for the Economic and Political Independence of
                the Countries of the South Caucasus and Central
                Asia                                

-HEAD-
    Sec. 2296f. Definitions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 87-195, pt. I, Sec. 499F, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(2) [title V, Sec. 596(b)], Nov. 29, 1999, 113 Stat.
    1535, 1501A-126.)

-End-


-CITE-
    22 USC SUBCHAPTER II - MILITARY ASSISTANCE AND SALES        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES

-HEAD-
               SUBCHAPTER II - MILITARY ASSISTANCE AND SALES           

-End-


-CITE-
    22 USC Part I - Declaration of Policy                       01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part I - Declaration of Policy

-HEAD-
                      PART I - DECLARATION OF POLICY                  

-End-



-CITE-
    22 USC Sec. 2301                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part I - Declaration of Policy

-HEAD-
    Sec. 2301. Congressional statement of policy

-STATUTE-
      The Congress of the United States reaffirms the policy of the
    United States to achieve international peace and security through
    the United Nations so that armed force shall not be used except for
    individual or collective self-defense. The Congress finds that the
    efforts of the United States and other friendly countries to
    promote peace and security continue to require measures of support
    based upon the principle of effective self-help and mutual aid. It
    is the purpose of subchapter II of this chapter to authorize
    measures in the common defense against internal and external
    aggression, including the furnishing of military assistance, upon
    request, to friendly countries and international organizations. In
    furnishing such military assistance, it remains the policy of the
    United States to continue to exert maximum efforts to achieve
    universal control of weapons of mass destruction and universal
    regulation and reduction of armaments, including armed forces,
    under adequate safeguards to protect complying countries against
    violation and evasion.
      The Congress recognizes that the peace of the world and the
    security of the United States are endangered so long as hostile
    countries continue by threat of military action, by the use of
    economic pressure, and by internal subversion, or other means to
    attempt to bring under their domination peoples now free and
    independent and continue to deny the rights of freedom and self-
    government to peoples and countries once free but now subject to
    such domination.
      It is the sense of the Congress that an important contribution
    toward peace would be made by the establishment under the
    Organization of American States of an international military force.
      In enacting this legislation, it is therefore the intention of
    the Congress to promote the peace of the world and the foreign
    policy, security, and general welfare of the United States by
    fostering an improved climate of political independence and
    individual liberty, improving the ability of friendly countries and
    international organizations to deter or, if necessary, defeat
    aggression, facilitating arrangements for individual and collective
    security, assisting friendly countries to maintain internal
    security, and creating an environment of security and stability in
    the developing friendly countries essential to their more rapid
    social, economic, and political progress. The Congress urges that
    all other countries able to contribute join in a common undertaking
    to meet the goals stated in subchapter II of this chapter.
      It is the sense of the Congress that in the administration of
    subchapter II of this chapter priority shall be given to the needs
    of those countries in danger of becoming victims of aggression or
    in which the internal security is threatened by internal subversion
    inspired or supported by hostile countries.
      Finally, the Congress reaffirms its full support of the progress
    of the members of the North Atlantic Treaty Organization toward
    increased cooperation in political, military, and economic affairs.
    In particular, the Congress welcomes the steps which have been
    taken to promote multilateral programs of coordinated procurement,
    research, development, and production of defense articles and urges
    that such programs be expanded to the fullest extent possible to
    further the defense of the North Atlantic Area.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 501, formerly Sec. 502, Sept. 4,
    1961, 75 Stat. 434, renumbered Sec. 501 and amended Pub. L. 90-137,
    pt. II, Sec. 201(a), Nov. 14, 1967, 81 Stat. 455; Pub. L. 103-199,
    title VII, Sec. 705(1), Dec. 17, 1993, 107 Stat. 2328.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This legislation, referred to in fourth paragraph, means Pub. L.
    87-195, Sept. 4, 1961, 75 Stat. 424, as amended, known as the
    Foreign Assistance Act of 1961. For complete classification of this
    Act to the Code, see Short Title note set out under section 2151 of
    this title and Tables.


-MISC1-
      REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter II of this chapter are deemed to exclude
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      A prior section 501 of Pub. L. 87-195, provided that part II of
    Pub. L. 87-195 [subchapter II of this chapter] should be cited as
    the "International Peace and Security Act of 1961", prior to repeal
    by Pub. L. 88-205, pt. II, Sec. 201(b), Dec. 16, 1963, 77 Stat.
    384.

                                AMENDMENTS                            
      1993 - Pub. L. 103-199, Sec. 705(1)(A), in second par.,
    substituted "hostile countries" for "international communism and
    the countries it controls".
      Pub. L. 103-199, Sec. 705(1)(B), in fourth par., struck out
    "Communist or Communist-supported" after "if necessary, defeat".
      Pub. L. 103-199, Sec. 705(1)(C), in fifth par., substituted
    "aggression or in which the internal security is threatened by
    internal subversion inspired or supported by hostile countries."
    for "active Communist or Communist-supported aggression or those
    countries in which the internal security is threatened by Communist-
    inspired or Communist-supported internal subversion."
      1967 - Pub. L. 90-137 inserted par. to indicate that priority
    shall be given in the use of the funds available to defend against
    Communist aggression or Communist-inspired internal subversion.

     TRANSFER OF PROSCRIBED WEAPONS TO PERSONS OR ENTITIES IN THE WEST
                               BANK AND GAZA
      Pub. L. 107-228, div. A, title VI, Sec. 699, Sept. 30, 2002, 116
    Stat. 1418, provided that:
      "(a) Determination Regarding Transfers. - If the President
    determines, based on a preponderance of the evidence, that a
    foreign person or entity has knowingly transferred proscribed
    weapons to Palestinian entities in the West Bank or Gaza, then, for
    the period specified in subsection (b), no assistance may be
    provided to the person or entity under part II of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2301 et seq.] and no sales of
    defense articles or defense services may be made to the person or
    entity under section 23 of the Arms Export Control Act [22 U.S.C.
    2763].
      "(b) Duration of Prohibition. - The period referred to in
    subsection (a) is the period commencing on the date on which a
    notification of a determination under subsection (a) is submitted
    to the appropriate congressional committees and ending on the date
    that is two years after such date.
      "(c) Report. - In conjunction with the report required under
    title VIII of the P.L.O. Commitments Compliance Act of 1989 (Public
    Law 101-246) [104 Stat. 76], the President shall submit a report to
    the appropriate congressional committees on transfers reviewed
    pursuant to subsection (a).
      "(d) Definition. - In this section, the term 'proscribed weapons'
    means arms, ammunition, and equipment the transfer of which is not
    in compliance with the Agreement on the Gaza Strip and the Jericho
    Area of May 4, 1994, its annexes, or subsequent agreements between
    Israel and the PLO, or Palestinian Authority, as appropriate."
      [For definition of "appropriate congressional committees" as used
    in section 699 of Pub. L. 107-228, set out above, see section 3 of
    Pub. L. 107-228, set out as a note under section 2651 of this
    title.]

-End-



-CITE-
    22 USC Sec. 2302                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part I - Declaration of Policy

-HEAD-
    Sec. 2302. Utilization of defense articles and defense services

-STATUTE-
      Defense articles and defense services to any country shall be
    furnished solely for internal security (including for antiterrorism
    and nonproliferation purposes), for legitimate self-defense, to
    permit the recipient country to participate in regional or
    collective arrangements or measures consistent with the Charter of
    the United Nations, or otherwise to permit the recipient country to
    participate in collective measures requested by the United Nations
    for the purpose of maintaining or restoring international peace and
    security, or for the purpose of assisting foreign military forces
    in less developed friendly countries (or the voluntary efforts of
    personnel of the Armed Forces of the United States in such
    countries) to construct public works and to engage in other
    activities helpful to the economic and social development of such
    friendly countries. It is the sense of the Congress that such
    foreign military forces should not be maintained or established
    solely for civic action activities and that such civic action
    activities not significantly detract from the capability of the
    military forces to perform their military missions and be
    coordinated with and form part of the total economic and social
    development effort.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 502, formerly Sec. 505(a), Sept. 4,
    1961, 75 Stat. 436; Pub. L. 88-205, pt. II, Sec. 202(b), Dec. 16,
    1963, 77 Stat. 384; Pub. L. 89-171, pt. II, Sec. 201(c), Sept. 6,
    1965, 79 Stat. 656; renumbered and amended Pub. L. 90-137, pt. II,
    Sec. 201(d), Nov. 14, 1967, 81 Stat. 456; Pub. L. 106-280, title
    VII, Sec. 701, Oct. 6, 2000, 114 Stat. 861.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2313 of this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-280 inserted "(including for antiterrorism and
    nonproliferation purposes)" after "internal security" in first
    sentence.
      1967 - Pub. L. 90-137 substituted "Defense articles and defense
    services" for "Military assistance".
      1965 - Pub. L. 89-171 authorized military assistance to any
    country for the purpose of assisting foreign military forces in
    less developed friendly countries (or the voluntary efforts of
    personnel of the Armed Forces of the United States in such
    countries) to construct public works and to engage in other
    activities helpful to the economic and social development of such
    friendly countries, expressed the sense of Congress that such
    foreign military forces should not be maintained or established
    solely for civic action activities, and that such civic action
    activities should not significantly detract from the capability of
    the military forces to perform their military missions, and should
    be coordinated with and from part of the total economic and social
    development effort, and struck out prohibition against further
    assistance to Latin American countries, now incorporated in section
    2319(c) of this title.
      1963 - Pub. L. 88-205 inserted proviso stopping further military
    assistance under this chapter to Latin American countries except to
    the extent necessary to fulfill prior commitments or to safeguard
    the security of the United States or of a country associated with
    the United States in the Alliance for Progress against the
    overthrow of a duly constituted government, now incorporated in
    section 2319(c) of this title.

     TRANSFER TO REPUBLIC OF KOREA OF DEFENSE ARTICLES; REIMBURSEMENT
                               FOR TRANSFER
      Pub. L. 91-652, Sec. 3, Jan. 5, 1971, 84 Stat. 1942, authorized
    the President until June 30, 1972, to transfer to the Republic of
    Korea such Armed Forces defense articles located in Korea on July
    1, 1970 as he determined appropriate and provided that no funds
    appropriated under Pub. L. 91-652 or this chapter were to be
    available for reimbursement to any Government agency for any such
    transfers of defense articles.

-End-



-CITE-
    22 USC Sec. 2303                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part I - Declaration of Policy

-HEAD-
    Sec. 2303. Repealed.

-MISC1-
    Sec. 2303. Repealed. Pub. L. 104-164, title I, Sec. 104(b)(2)(A),
      July 21, 1996, 110 Stat. 1426.
      Section, Pub. L. 87-195, pt. II, Sec. 502A, as added Pub. L. 93-
    189, Sec. 12(a), Dec. 17, 1973, 87 Stat. 720, directed that excess
    defense articles be provided whenever possible rather than new
    items.

-End-



-CITE-
    22 USC Sec. 2304                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part I - Declaration of Policy

-HEAD-
    Sec. 2304. Human rights and security assistance

-STATUTE-
    (a) Observance of human rights as principal goal of foreign policy;
      implementation requirements
      (1) The United States shall, in accordance with its international
    obligations as set forth in the Charter of the United Nations and
    in keeping with the constitutional heritage and traditions of the
    United States, promote and encourage increased respect for human
    rights and fundamental freedoms throughout the world without
    distinction as to race, sex, language, or religion. Accordingly, a
    principal goal of the foreign policy of the United States shall be
    to promote the increased observance of internationally recognized
    human rights by all countries.
      (2) Except under circumstances specified in this section, no
    security assistance may be provided to any country the government
    of which engages in a consistent pattern of gross violations of
    internationally recognized human rights. Security assistance may
    not be provided to the police, domestic intelligence, or similar
    law enforcement forces of a country, and licenses may not be issued
    under the Export Administration Act of 1979 [50 U.S.C. App. 2401 et
    seq.] for the export of crime control and detection instruments and
    equipment to a country, the government of which engages in a
    consistent pattern of gross violations of internationally
    recognized human rights unless the President certifies in writing
    to the Speaker of the House of Representatives and the chairman of
    the Committee on Foreign Relations of the Senate and the chairman
    of the Committee on Banking, Housing, and Urban Affairs of the
    Senate (when licenses are to be issued pursuant to the Export
    Administration Act of 1979).(!1) that extraordinary circumstances
    exist warranting provision of such assistance and issuance of such
    licenses. Assistance may not be provided under part V of this
    subchapter to a country the government of which engages in a
    consistent pattern of gross violations of internationally
    recognized human rights unless the President certifies in writing
    to the Speaker of the House of Representatives and the chairman of
    the Committee on Foreign Relations of the Senate that extraordinary
    circumstances exist warranting provision of such assistance.

      (3) In furtherance of paragraphs (1) and (2), the President is
    directed to formulate and conduct international security assistance
    programs of the United States in a manner which will promote and
    advance human rights and avoid identification of the United States,
    through such programs, with governments which deny to their people
    internationally recognized human rights and fundamental freedoms,
    in violation of international law or in contravention of the policy
    of the United States as expressed in this section or otherwise.
      (4) In determining whether the government of a country engages in
    a consistent pattern of gross violations of internationally
    recognized human rights, the President shall give particular
    consideration to whether the government - 
        (A) has engaged in or tolerated particularly severe violations
      of religious freedom, as defined in section 6402 of this title;
      or
        (B) has failed to undertake serious and sustained efforts to
      combat particularly severe violations of religious freedom when
      such efforts could have been reasonably undertaken.
    (b) Report by Secretary of State on practices of proposed recipient
      countries; considerations
      The Secretary of State shall transmit to the Congress, as part of
    the presentation materials for security assistance programs
    proposed for each fiscal year, a full and complete report, prepared
    with the assistance of the Assistant Secretary of State for
    Democracy, Human Rights, and Labor and with the assistance of the
    Ambassador at Large for International Religious Freedom, with
    respect to practices regarding the observance of and respect for
    internationally recognized human rights in each country proposed as
    a recipient of security assistance. Wherever applicable, such
    report shall include consolidated information regarding the
    commission of war crimes, crimes against humanity, and evidence of
    acts that may constitute genocide (as defined in article 2 of the
    Convention on the Prevention and Punishment of the Crime of
    Genocide and modified by the United States instrument of
    ratification to that convention and section 2(a) of the Genocide
    Convention Implementation Act of 1987). Wherever applicable, such
    report shall include information on practices regarding coercion in
    population control, including coerced abortion and involuntary
    sterilization. Such report shall also include, wherever applicable,
    information on violations of religious freedom, including
    particularly severe violations of religious freedom (as defined in
    section 6402 of this title). Wherever applicable, a (!2)
    description of the nature and extent of acts of anti-Semitism and
    anti-Semitic incitement that occur, including the descriptions of
    such acts required under section 2151n(d)(8) of this title. Such
    report shall also include, 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. Each report
    under this section shall list 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. Each
    report under this section shall also include (i) wherever
    applicable, a description of the nature and extent 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, the
    participation of such individuals in such groups, and the nature
    and extent that such individuals take a direct part in hostilities,
    (ii) what steps, if any, taken by the government of the country to
    eliminate such practices, and (iii) 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 of
    State. Each report under this section shall describe the extent to
    which each country has extended protection to refugees, including
    the provision of first asylum and resettlement. In determining
    whether a government falls within the provisions of subsection
    (a)(3) of this section and in the preparation of any report or
    statement required under this section, consideration shall be given
    to - 

        (1) the relevant findings of appropriate international
      organizations, including nongovernmental organizations, such as
      the International Committee of the Red Cross; and
        (2) the extent of cooperation by such government in permitting
      an unimpeded investigation by any such organization of alleged
      violations of internationally recognized human rights.
    (c) Congressional request for information; information required; 30-
      day period; failure to supply information; termination or
      restriction of assistance
      (1) Upon the request of the Senate or the House of
    Representatives by resolution of either such House, or upon the
    request of the Committee on Foreign Relations of the Senate or the
    Committee on Foreign Affairs of the House of Representatives, the
    Secretary of State shall, within thirty days after receipt of such
    request, transmit to both such committees a statement, prepared
    with the assistance of the Assistant Secretary of State for
    Democracy, Human Rights, and Labor, with respect to the country
    designated in such request, setting forth - 
        (A) all the available information about observance of and
      respect for human rights and fundamental freedom in that country,
      and a detailed description of practices by the recipient
      government with respect thereto;
        (B) the steps the United States has taken to - 
          (i) promote respect for and observance of human rights in
        that country and discourage any practices which are inimical to
        internationally recognized human rights, and
          (ii) publicly or privately call attention to, and
        disassociate the United States and any security assistance
        provided for such country from, such practices;

        (C) whether, in the opinion of the Secretary of State,
      notwithstanding any such practices - 
          (i) extraordinary circumstances exist which necessitate a
        continuation of security assistance for such country, and, if
        so, a description of such circumstances and the extent to which
        such assistance should be continued (subject to such conditions
        as Congress may impose under this section), and
          (ii) on all the facts it is in the national interest of the
        United States to provide such assistance; and

        (D) such other information as such committee or such House may
      request.

      (2)(A) A resolution of request under paragraph (1) of this
    subsection shall be considered in the Senate in accordance with the
    provisions of section 601(b) of the International Security
    Assistance and Arms Export Control Act of 1976.
      (B) The term "certification", as used in section 601 of such Act,
    means, for the purposes of this subsection, a resolution of request
    of the Senate under paragraph (1) of this subsection.
      (3) In the event a statement with respect to a country is
    requested pursuant to paragraph (1) of this subsection but is not
    transmitted in accordance therewith within thirty days after
    receipt of such request, no security assistance shall be delivered
    to such country except as may thereafter be specifically authorized
    by law from such country unless and until such statement is
    transmitted.
      (4)(A) In the event a statement with respect to a country is
    transmitted under paragraph (1) of this subsection, the Congress
    may at any time thereafter adopt a joint resolution terminating,
    restricting, or continuing security assistance for such country. In
    the event such a joint resolution is adopted, such assistance shall
    be so terminated, so restricted, or so continued, as the case may
    be.
      (B) Any such resolution shall be considered in the Senate in
    accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of
    1976.
      (C) The term "certification", as used in section 601 of such Act,
    means, for the purposes of this paragraph, a statement transmitted
    under paragraph (1) of this subsection.
    (d) Definitions
      For the purposes of this section - 
        (1) the term "gross violations of internationally recognized
      human rights" includes torture or cruel, inhuman, or degrading
      treatment or punishment, prolonged detention without charges and
      trial, causing the disappearance of persons by the abduction and
      clandestine detention of those persons, and other flagrant denial
      of the right to life, liberty, or the security of person; and
        (2) the term "security assistance" means - 
          (A) assistance under part II (military assistance) or part IV
        (economic support fund) or part V (military education and
        training) or part VI (peacekeeping operations) or part VIII
        (antiterrorism assistance) of this subchapter.
          (B) sales of defense articles or services, extensions of
        credits (including participations in credits, and guaranties of
        loans under the Arms Export Control Act [22 U.S.C. 2751 et
        seq.]); or
          (C) any license in effect with respect to the export of
        defense articles or defense services to or for the armed
        forces, police, intelligence, or other internal security forces
        of a foreign country under section 38 of the Arms Export
        Control Act [22 U.S.C. 2778].
    (e) Removal of prohibition on assistance
      Notwithstanding any other provision of law, funds authorized to
    be appropriated under subchapter I of this chapter may be made
    available for the furnishing of assistance to any country with
    respect to which the President finds that such a significant
    improvement in its human rights record has occurred as to warrant
    lifting the prohibition on furnishing such assistance in the
    national interest of the United States.
    (f) Allocations concerned with performance record of recipient
      countries without contravention of other provisions
      In allocating the funds authorized to be appropriated by this
    chapter and the Arms Export Control Act [22 U.S.C. 2751 et seq.],
    the President shall take into account significant improvements in
    the human rights records of recipient countries, except that such
    allocations may not contravene any other provision of law.
    (g) Report to Congress on use of certain authorities relating to
      human rights conditions
      Whenever the provisions of subsection (e) or (f) of this section
    are applied, the President shall report to the Congress before
    making any funds available pursuant to those subsections. The
    report shall specify the country involved, the amount and kinds of
    assistance to be provided, and the justification for providing the
    assistance, including a description of the significant improvements
    which have occurred in the country's human rights record.
    (h) Report on practices of recipient countries relating to
      trafficking in persons
      (1) The report required by subsection (b) of this section shall
    include the following:
        (A) A description of the nature and extent of severe forms of
      trafficking in persons, as defined in section 7102 of this title,
      in each foreign country.
        (B) With respect to each country that is a country of origin,
      transit, or destination for victims of severe forms of
      trafficking in persons, an assessment of the efforts by the
      government of that country to combat such trafficking. The
      assessment shall address the following:
          (i) Whether government authorities in that country
        participate in, facilitate, or condone such trafficking.
          (ii) Which government authorities in that country are
        involved in activities to combat such trafficking.
          (iii) What steps the government of that country has taken to
        prohibit government officials from participating in,
        facilitating, or condoning such trafficking, including the
        investigation, prosecution, and conviction of such officials.
          (iv) What steps the government of that country has taken to
        prohibit other individuals from participating in such
        trafficking, including the investigation, prosecution, and
        conviction of individuals involved in severe forms of
        trafficking in persons, the criminal and civil penalties for
        such trafficking, and the efficacy of those penalties in
        eliminating or reducing such trafficking.
          (v) What steps the government of that country has taken to
        assist victims of such trafficking, including efforts to
        prevent victims from being further victimized by traffickers,
        government officials, or others, grants of relief from
        deportation, and provision of humanitarian relief, including
        provision of mental and physical health care and shelter.
          (vi) Whether the government of that country is cooperating
        with governments of other countries to extradite traffickers
        when requested, or, to the extent that such cooperation would
        be inconsistent with the laws of such country or with
        extradition treaties to which such country is a party, whether
        the government of that country is taking all appropriate
        measures to modify or replace such laws and treaties so as to
        permit such cooperation.
          (vii) Whether the government of that country is assisting in
        international investigations of transnational trafficking
        networks and in other cooperative efforts to combat severe
        forms of trafficking in persons.
          (viii) Whether the government of that country refrains from
        prosecuting victims of severe forms of trafficking in persons
        due to such victims having been trafficked, and refrains from
        other discriminatory treatment of such victims.
          (ix) Whether the government of that country recognizes the
        rights of victims of severe forms of trafficking in persons and
        ensures their access to justice.

        (C) Such other information relating to trafficking in persons
      as the Secretary of State considers appropriate.

      (2) In compiling data and making assessments for the purposes of
    paragraph (1), United States diplomatic mission personnel shall
    consult with human rights organizations and other appropriate
    nongovernmental organizations.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 502B, as added Pub. L. 93-559, Sec.
    46, Dec. 30, 1974, 88 Stat. 1815; amended Pub. L. 94-329, title
    III, Sec. 301(a), June 30, 1976, 90 Stat. 748; Pub. L. 95-105,
    title I, Sec. 109(a)(3), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95-
    384, Secs. 6(a)-(d)(1), (e), 10(b)(1), 12(b), Sept. 26, 1978, 92
    Stat. 731, 732, 735, 737; Pub. L. 96-53, title V, Sec. 511, Aug.
    14, 1979, 93 Stat. 380; Pub. L. 96-92, Sec. 4, Oct. 29, 1979, 93
    Stat. 702; Pub. L. 96-533, title VII, Secs. 701(b), 704, Dec. 16,
    1980, 94 Stat. 3156, 3157; Pub. L. 98-151, Sec. 101(b)(2), Nov. 14,
    1983, 97 Stat. 972; Pub. L. 99-64, title I, Sec. 124, July 12,
    1985, 99 Stat. 156; Pub. L. 99-83, title XII, Sec. 1201, Aug. 8,
    1985, 99 Stat. 276; Pub. L. 100-204, title I, Sec. 127(2), Dec. 22,
    1987, 101 Stat. 1343; Pub. L. 103-236, title I, Sec. 162(e)(2),
    Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec. 9(a)(6), Nov.
    2, 1994, 108 Stat. 4588; Pub. L. 104-319, title II, Sec. 201(b),
    Oct. 19, 1996, 110 Stat. 3866; Pub. L. 105-292, title I, Sec.
    102(d)(2), title IV, Sec. 421(b), Oct. 27, 1998, 112 Stat. 2795,
    2810; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,
    Sec. 252, title VIII, Sec. 806(b)], Nov. 29, 1999, 113 Stat. 1536,
    1501A-432, 1501A-471; Pub. L. 106-386, div. A, Sec. 104(b), Oct.
    28, 2000, 114 Stat. 1472; Pub. L. 107-228, div. A, title VI, Secs.
    665(b), 683(b), Sept. 30, 2002, 116 Stat. 1407, 1411; Pub. L. 108-
    332, Sec. 6(a)(2), Oct. 16, 2004, 118 Stat. 1285.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Export Administration Act of 1979, referred to in subsec.
    (a)(2), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended,
    which is classified principally to section 2401 et seq. of Title
    50, Appendix, War and National Defense. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2401 of Title 50, Appendix, and Tables.
      Section 2(a) of the Genocide Convention Implementation Act of
    1987, referred to in subsec. (b), probably means section 2(a) of
    the Genocide Convention Implementation Act of 1987 (the Proxmire
    Act), Pub. L. 100-606, Nov. 4, 1988, 102 Stat. 3045, which enacted
    chapter 50A (Sec. 1091 et seq.) of Title 18, Crimes and Criminal
    Procedure.
      Section 601 of the International Security Assistance and Arms
    Export Control Act of 1976, referred to in subsec. (c)(2)(A),
    (4)(B), is section 601 of Pub. L. 94-329, which was not classified
    to the Code.
      The Arms Export Control Act, referred to in subsecs. (d)(2)(B)
    and (f), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as
    amended, which is classified principally to chapter 39 (Sec. 2751
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 2751 of this
    title and Tables.
      This chapter, referred to in subsec. (f), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      The 1983 amendment by Pub. L. 98-151 is based on section 202(a)
    of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May
    17, 1983, which was enacted into permanent law by Pub. L. 98-151.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-332 inserted after fourth
    sentence of introductory provisions "Wherever applicable, a
    description of the nature and extent of acts of anti-Semitism and
    anti-Semitic incitement that occur, including the descriptions of
    such acts required under section 2151n(d)(8) of this title."
      2002 - Subsec. (b). Pub. L. 107-228, Sec. 683(b), in introductory
    provisions, inserted after sixth sentence "Each report under this
    section shall also include (i) wherever applicable, a description
    of the nature and extent 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, the participation of such individuals in
    such groups, and the nature and extent that such individuals take a
    direct part in hostilities, (ii) what steps, if any, taken by the
    government of the country to eliminate such practices, and (iii)
    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 of State."
      Pub. L. 107-228, Sec. 665(b), in introductory provisions,
    inserted after fourth sentence "Such report shall also include, 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."
      2000 - Subsec. (h). Pub. L. 106-386 added subsec. (h).
      1999 - Subsec. (b). Pub. L. 106-113, in introductory provisions,
    inserted after first sentence "Wherever applicable, such report
    shall include consolidated information regarding the commission of
    war crimes, crimes against humanity, and evidence of acts that may
    constitute genocide (as defined in article 2 of the Convention on
    the Prevention and Punishment of the Crime of Genocide and modified
    by the United States instrument of ratification to that convention
    and section 2(a) of the Genocide Convention Implementation Act of
    1987)." and inserted after fourth sentence "Each report under this
    section shall describe the extent to which each country has
    extended protection to refugees, including the provision of first
    asylum and resettlement."
      1998 - Subsec. (a)(4). Pub. L. 105-292, Sec. 421(b), added par.
    (4).
      Subsec. (b). Pub. L. 105-292, Sec. 102(d)(2), in introductory
    provisions, inserted "and with the assistance of the Ambassador at
    Large for International Religious Freedom" after "Labor" and "Such
    report shall also include, wherever applicable, information on
    violations of religious freedom, including particularly severe
    violations of religious freedom (as defined in section 6402 of this
    title)." after "sterilization."
      1996 - Subsec. (b). Pub. L. 104-319 inserted "Each report under
    this section shall list 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." after second
    sentence.
      1994 - Subsec. (b). Pub. L. 103-236 substituted "Democracy, Human
    Rights, and Labor" for "Human Rights and Humanitarian Affairs" in
    introductory provisions.
      Subsec. (c)(1). Pub. L. 103-437 substituted "Foreign Affairs" for
    "International Relations" in introductory provisions.
      Pub. L. 103-236 substituted "Democracy, Human Rights, and Labor"
    for "Human Rights and Humanitarian Affairs" in introductory
    provisions.
      1987 - Subsec. (b). Pub. L. 100-204 inserted after first sentence
    "Wherever applicable, such report shall include information on
    practices regarding coercion in population control, including
    coerced abortion and involuntary sterilization."
      1985 - Subsec. (a)(2). Pub. L. 99-64 inserted "and the chairman
    of the Committee on Banking, Housing, and Urban Affairs of the
    Senate (when licenses are to be issued pursuant to the Export
    Administration Act of 1979)."
      Subsec. (g). Pub. L. 99-83 added subsec. (g).
      1983 - Subsec. (d)(2)(A). Pub. L. 98-151 inserted "or part VIII
    (antiterrorism assistance)".
      1980 - Subsec. (a)(2). Pub. L. 96-533, Sec. 704, substituted
    "Export Administration Act of 1979" for "Export Administration Act
    of 1969".
      Subsec. (d)(1). Pub. L. 96-533, Sec. 701(b), defined "gross
    violations of internationally recognized human rights" to include
    causing the disappearance of persons by the abduction and
    clandestine detention of those persons.
      1979 - Subsec. (e). Pub. L. 96-53 added subsec. (e).
      Subsec. (f). Pub. L. 96-92 added subsec. (f).
      1978 - Subsec. (a)(1). Pub. L. 95-384, Sec. 6(a), substituted
    "The United States shall" for "It is the policy of the United
    States", "throughout the world" for "for all", and "Accordingly"
    for "To this end".
      Subsec. (a)(2). Pub. L. 95-384, Sec. 6(b), (d)(1), (e),
    substituted "Except" for "It is further the policy of the United
    States that, except" and inserted provisions prohibiting security
    assistance, including crime control and detection instruments, from
    being provided to police, domestic intelligence, or other police
    forces of governments which the executive branch determines are
    guilty of a consistent pattern of gross violations of
    internationally recognized human rights and prohibiting assistance
    under part V of this subchapter to a country the government of
    which, as determined by the executive branch, is engaged in a
    consistent pattern of gross violations of internationally
    recognized human rights.
      Subsec. (a)(3). Pub. L. 95-384, Sec. 6(c), substituted
    "paragraphs (1) and (2)," for "the foregoing policy".
      Subsec. (d)(2)(A). Pub. L. 95-384, Secs. 10(b)(1), 12(b),
    substituted "(economic support fund)" for "(security supporting
    assistance)", inserted "or part VI (peacekeeping operations)" after
    "and training)", and struck out "or subchapter V (assistance to the
    Middle East) of this chapter" after "of this subchapter".
      1977 - Subsecs. (b), (c)(1). Pub. L. 95-105 substituted
    "Assistant Secretary of State" for "Coordinator".
      1976 - Pub. L. 94-329 restricted the power of the President by
    eliminating the extraordinary circumstances exception to
    termination of assistance for gross violations of recognized human
    rights, directed the Secretary of State, as part of the
    presentation materials for an assistance program, to transmit a
    full and complete report to Congress on the human rights practices
    of the proposed recipient country and, within 30 days of a request
    by Congress, to supply information concerning the human rights
    practices of a country receiving assistance for determination as to
    whether the assistance should be continued, restricted, or
    terminated, and defined "security assistance".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC3-
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-332 applicable beginning with the first
    report under sections 2151n(d), 2304(b), and 6412(b) of this title
    submitted more than 180 days after Oct. 16, 2004, see section 6(c)
    of Pub. L. 108-332, set out as a note under section 2151n of this
    title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of this title.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) So in original. The period probably should not appear.

    (!2) So in original. Probably should be "such report shall
         include a".


-End-



-CITE-
    22 USC Sec. 2305                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part I - Declaration of Policy

-HEAD-
    Sec. 2305. National Security Assistance Strategy

-STATUTE-
    (a) Multiyear plan
      Not later than 180 days after October 6, 2000, and annually
    thereafter at the time of submission of the congressional
    presentation materials of the foreign operations appropriations
    budget request, the Secretary of State should submit to the
    appropriate committees of Congress a plan setting forth a National
    Security Assistance Strategy for the United States.
    (b) Elements of the Strategy
      The National Security Assistance Strategy should - 
        (1) set forth a multi-year plan for security assistance
      programs;
        (2) be consistent with the National Security Strategy of the
      United States;
        (3) be coordinated with the Secretary of Defense and the
      Chairman of the Joint Chiefs of Staff;
        (4) be prepared, in consultation with other agencies, as
      appropriate;
        (5) identify overarching security assistance objectives,
      including identification of the role that specific security
      assistance programs will play in achieving such objectives;
        (6) identify a primary security assistance objective, as well
      as specific secondary objectives, for individual countries;
        (7) identify, on a country-by-country basis, how specific
      resources will be allocated to accomplish both primary and
      secondary objectives;
        (8) discuss how specific types of assistance, such as foreign
      military financing and international military education and
      training, will be combined at the country level to achieve United
      States objectives; and
        (9) detail, with respect to each of the paragraphs (1) through
      (8), how specific types of assistance provided pursuant to the
      Arms Export Control Act [22 U.S.C. 2751 et seq.] and the Foreign
      Assistance Act of 1961 [22 U.S.C. 2151 et seq.] are coordinated
      with United States assistance programs managed by the Department
      of Defense and other agencies.
    (c) Covered assistance
      The National Security Assistance Strategy should cover assistance
    provided under - 
        (1) section 23 of the Arms Export Control Act (22 U.S.C. 2763);
        (2) chapter 5 of part II of the Foreign Assistance Act of 1961
      (22 U.S.C. 2347 et seq.); and
        (3) section 516 of the Foreign Assistance Act of 1961 [22
      U.S.C. 2321j].

-SOURCE-
    (Pub. L. 106-280, title V, Sec. 501, Oct. 6, 2000, 114 Stat. 854.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsec. (b)(9), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      The Foreign Assistance Act of 1961, referred to in subsecs.
    (b)(9) and (c)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424,
    as amended, which is classified principally to this chapter.
    Chapter 5 of part II of the Act is classified generally to part V
    (Sec. 2347 et seq.) of subchapter II of this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Security Assistance Act of
    2000, and not as part of the Foreign Assistance Act of 1961 which
    comprises this chapter.

-CROSS-
                                DEFINITION                            
      Pub. L. 106-280, Sec. 2, Oct. 6, 2000, 114 Stat. 846, provided
    that: "In this Act [see Short Title of 2000 Amendments note set out
    under section 2151 of this title], the term 'appropriate committees
    of Congress' means the Committee on Foreign Relations of the Senate
    and the Committee on International Relations of the House of
    Representatives."

-End-


-CITE-
    22 USC Part II - Military Assistance                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
                       PART II - MILITARY ASSISTANCE                   

-End-



-CITE-
    22 USC Sec. 2311                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2311. General authority

-STATUTE-
    (a) Defense articles and services; noncombatant personnel; transfer
      of funds
      The President is authorized to furnish military assistance, on
    such terms and conditions as he may determine, to any friendly
    country or international organization, the assisting of which the
    President finds will strengthen the security of the United States
    and promote world peace and which is otherwise eligible to receive
    such assistance, by - 
        (1) acquiring for any source and providing (by loan or grant)
      any defense article or defense service;
        (2) assigning or detailing members of the Armed Forces of the
      United States and other personnel of the Department of Defense to
      perform duties of a noncombatant nature; or
        (3) transferring such of the funds appropriated or otherwise
      made available under this part as the President may determine for
      assistance to a recipient country, to the account in which funds
      for the procurement of defense articles and defense services
      under section 21 and section 22 of the Arms Export Control Act
      [22 U.S.C. 2761 and 2762] have been deposited for such recipient,
      to be merged with such deposited funds, and to be used solely to
      meet obligations of the recipient for payment for sales under
      that Act [22 U.S.C. 2751 et seq.].

    Sales which are wholly paid from funds transferred under paragraph
    (3) or from funds made available on a non-repayable basis under
    section 23 of the Arms Export Control Act [22 U.S.C. 2763] shall be
    priced to exclude the costs of salaries of members of the Armed
    Forces of the United States (other than the Coast Guard).
    (b) Terms and conditions
      In addition to such other terms and conditions as the President
    may determine pursuant to subsection (a) of this section, defense
    articles may be loaned thereunder only if - 
        (1) there is a bona fide reason, other than the shortage of
      funds, for providing such articles on a loan basis rather than on
      a grant basis;
        (2) there is a reasonable expectation that such articles will
      be returned to the agency making the loan at the end of the loan
      period, unless the loan is then renewed;
        (3) the loan period is of fixed duration not exceeding five
      years, during which such article may be recalled for any reason
      by the United States;
        (4) the agency making the loan is reimbursed for the loan based
      on the amount charged to the appropriation for military
      assistance under subsection (c) of this section; and
        (5) the loan agreement provides that (A) if the defense article
      is damaged while on loan, the country or international
      organization to which it was loaned will reimburse the United
      States for the cost of restoring or replacing the defense
      article, and (B) if the defense article is lost or destroyed
      while on loan, the country or international organization to which
      it was loaned will pay to the United States an amount equal to
      the replacement cost (less any depreciation in the value) of the
      defense article.
    (c) Appropriation charges; exceptions
      (1) In the case of any loan of a defense article or defense
    service made under this section, there shall be a charge to the
    appropriation for military assistance for any fiscal year while the
    article or service is on loan in an amount based on - 
        (A) the out-of-pocket expenses authorized to be incurred in
      connection with such loan during such fiscal year; and
        (B) the depreciation which occurs during such year while such
      article is on loan.

      (2) The provisions of this subsection shall not apply - 
        (A) to any particular defense article or defense service which
      the United States Government agreed, prior to December 17, 1973,
      to lend; and
        (B) to any defense article or defense service, or portion
      thereof, acquired with funds appropriated for military assistance
      under this chapter.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 503, Sept. 4, 1961, 75 Stat. 435;
    Pub. L. 88-633, Sec. 201(a), Oct. 7, 1964, 78 Stat. 1011; Pub. L.
    89-171, pt. II, Sec. 201(a), Sept. 6, 1965, 79 Stat. 656; Pub. L.
    90-137, pt. II, Sec. 201(b), Nov. 14, 1967, 81 Stat. 455; Pub. L.
    93-189, Sec. 12(b)(1), Dec. 17, 1973, 87 Stat. 720; Pub. L. 96-533,
    title I, Sec. 112(a), Dec. 16, 1980, 94 Stat. 3138; Pub. L. 97-113,
    title I, Secs. 109(c), 110(c), Dec. 29, 1981, 95 Stat. 1526; Pub.
    L. 99-83, title I, Sec. 123(a), Aug. 8, 1985, 99 Stat. 205; Pub. L.
    100-461, title V, Sec. 586(a), Oct. 1, 1988, 102 Stat. 2268-50.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsec. (a)(3), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      This chapter, referred to in subsec. (c)(2)(B), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      A guaranty provision, formerly subsec. (e) of this section, was
    renumbered section 525(a) of Pub. L. 87-195 by Pub. L. 90-137, pt.
    II, Sec. 201(b)(3), Nov. 14, 1967, 81 Stat. 455, and classified to
    section 2345(a) of this title and repealed by Pub. L. 90-629, ch.
    4, Sec. 45(a), Oct. 22, 1968, 82 Stat. 1327.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-461 inserted in last sentence "or
    from funds made available on a non-repayable basis under section 23
    of the Arms Export Control Act" after "under paragraph (3)" and
    "(other than the Coast Guard)" after "Armed Forces of the United
    States".
      1985 - Subsec. (a). Pub. L. 99-83 inserted sentence relating to
    pricing of sales wholly paid from transferred funds.
      1981 - Subsec. (a)(3). Pub. L. 97-113, Sec. 110(c), substituted
    "country" for "specified in section 2312(a)(1) of this title,
    within the dollar limitations of that section".
      Subsec. (b)(5). Pub. L. 97-113 substituted provision respecting
    payment of restoration or replacement costs for defense articles on
    loan for provision for making such a loan only if arrangements were
    made with the agency making the loan for reimbursement in the event
    the article was lost or destroyed while on loan, the reimbursement
    of which was to be made first out of any funds available to carry
    out this part and based on the depreciated value of the article at
    the time of loss or destruction.
      1980 - Subsec. (a)(3). Pub. L. 96-533 added par. (3).
      1973 - Pub. L. 93-189 designated existing provisions as subsec.
    (a), struck out references to making financial contributions to
    multilateral programs for the acquisition or construction of
    facilities for collective defense and providing financial
    assistance for expenses incident to participation by the United
    States government in regional or collective defense organizations,
    and added subsecs. (b) and (c).
      1967 - Subsec. (a). Pub. L. 90-137, Sec. 201(b)(1), substituted
    "or grant" for ", lease, sale, exchange, grant, or any other
    means".
      Subsec. (d). Pub. L. 90-137, Sec. 201(b)(2), substituted a period
    for "; and".
      Subsec. (e). Pub. L. 90-137, Sec. 201(b)(3), struck out subsec.
    (e) which related to the guaranty and insuring against political
    and credit risks in connection with credit sales for defense
    articles and services procured in the United States. See
    Codification note above.
      1965 - Subsec. (b). Pub. L. 89-171 struck out "in foreign
    countries" after "facilities".
      1964 - Subsec. (e). Pub. L. 88-633 added subsec. (e).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 586(c) of Pub. L. 100-461 provided that: "This section
    [amending this section] shall be effective on October 1, 1989."

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      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
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 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 section 2381 of this title.


-MISC2-
                    REPORTS TO CONGRESSIONAL COMMITTEES                
      Section 301 of Pub. L. 100-461 provided: "That the Committees on
    Appropriations shall be furnished on March 1 of each year a
    complete report of the status of military assistance funds
    appropriated by this or any future Act committed for the payment of
    any sales under the Arms Export Control Act [22 U.S.C. 2751 et
    seq.] as regards the individual sale, item description, and
    estimated sales price."

                      FINDINGS BY SECRETARY OF STATE                  
      The Secretary of State, in the implementation of the functions
    delegated to him under section 2314(a)(1), (4), and (e) of this
    title, was authorized by section 1-701(e)(1) of Ex. Ord. No. 12163,
    Sept. 29, 1979, 44 F.R. 56678, eff. Oct. 1, 1979, set out as a note
    under section 2381 of this title, to find, in the case of a
    proposed transfer of a defense article or a related training or a
    related defense service by a foreign country or international
    organization to a foreign country or international organization not
    otherwise eligible under subsec. (a) of this section, whether the
    proposed transfer would strengthen the security of the United
    States and promote world peace.

     REVIEW OF MILITARY ASSISTANCE PROGRAM; REDUCTION AND ELIMINATION
                        PLAN; SUBMITTAL TO CONGRESS
      Pub. L. 93-559, Sec. 17, Dec. 30, 1974, 88 Stat. 1800, which set
    forth provisions respecting review of military assistance program
    and submittal to Congress of plan for reduction and elimination,
    was repealed by Pub. L. 95-384, Sec. 29(c)(4), Sept. 26, 1978, 92
    Stat. 747.

-End-



-CITE-
    22 USC Sec. 2312                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2312. Authorization of appropriations

-STATUTE-
    (a) Authorization and availability of amounts
      (1) There are authorized to be appropriated to the President to
    carry out the purposes of this part $805,100,000 for fiscal year
    1986 and $805,100,000 for fiscal year 1987.
      (2) Amounts appropriated under this subsection are authorized to
    remain available until expended.
    (b) Programing and budgeting procedures
      In order to make sure that a dollar spent on military assistance
    to foreign countries is as necessary as a dollar spent for the
    United States military establishment, the President shall establish
    procedures for programing and budgeting so that programs of
    military assistance come into direct competition for financial
    support with other activities and programs of the Department of
    Defense.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 504, Sept. 4, 1961, 75 Stat. 436;
    Pub. L. 88-205, pt. II, Sec. 202(a), Dec. 16, 1963, 77 Stat. 384;
    Pub. L. 88-633, pt. II, Sec. 201(b), Oct. 7, 1964, 78 Stat. 1011;
    Pub. L. 89-171, pt. II, Sec. 201(b), Sept. 6, 1965, 79 Stat. 656;
    Pub. L. 89-583, pt. II, Sec. 201(a), Sept. 19, 1966, 80 Stat. 802;
    Pub. L. 90-137, pt. II, Sec. 201(c), Nov. 14, 1967, 81 Stat. 455;
    Pub. L. 90-554, pt. II, Sec. 201(a), Oct. 8, 1968, 82 Stat. 962;
    Pub. L. 91-175, pt. II, Sec. 201, Dec. 30, 1969, 83 Stat. 819; Pub.
    L. 92-226, pt. II, Sec. 201(a), Feb. 7, 1972, 86 Stat. 25; Pub. L.
    93-189, Sec. 12(b)(2), Dec. 17, 1973, 87 Stat. 721; Pub. L. 93-559,
    Sec. 10, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94-329, title I,
    Sec. 101, June 30, 1976, 90 Stat. 729; Pub. L. 95-23, Apr. 30,
    1977, 91 Stat. 54; Pub. L. 95-92, Sec. 5(a), Aug. 4, 1977, 91 Stat.
    614; Pub. L. 95-384, Sec. 7(a), Sept. 26, 1978, 92 Stat. 732; Pub.
    L. 96-92, Sec. 5(a), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96-533,
    title I, Sec. 112(b), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113,
    title I, Sec. 110(a), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 99-83,
    title I, Sec. 103, Aug. 8, 1985, 99 Stat. 195.)


-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally,
    substituting provisions authorizing appropriations of $805,100,000
    for fiscal years 1986 and 1987, for provisions authorizing
    appropriations of not to exceed $238,500,000 for fiscal years 1982
    and 1983.
      1981 - Subsec. (a). Pub. L. 97-113 in par. (1) substituted
    appropriations of $238,500,000 for fiscal years 1982 and 1983 for
    appropriation of $106,100,000 for fiscal year 1981 and struck out
    provision limiting assistance in listed amounts to Portugal
    ($51,000,000), Spain ($3,600,000), Philippines ($25,000,000), and
    Sudan ($1,700,000) for fiscal year 1981 and authorization of a 10-
    percent increase in any such amount when deemed necessary by the
    President, redesignated former par. (4) as (2), struck out former
    pars. (2), which limited assistance to those countries listed in
    par. (1), and par. (3), which provided that the authority contained
    in sections 2360(a) and 2364(a) of this title not be used to
    increase the amounts specified in par. (1) or the limitations in
    par. (2).
      1980 - Subsec. (a)(1). Pub. L. 96-533 substituted appropriations
    authorization of $106,100,000 for fiscal year 1981 with allocations
    of specified amounts for certain countries for fiscal year 1981 for
    such authorization of $110,200,000 for fiscal year 1980 with
    similar allocations for fiscal year 1980, included an allocation
    for The Sudan and deleted Jordan from the list.
      1979 - Subsec. (a)(1). Pub. L. 96-92 substituted appropriations
    authorization of $110,200,000 for fiscal year 1980 for prior
    authorization of $133,500,000 for fiscal year 1979, made the
    allocations available in specified amounts to Portugal, Spain,
    Jordan and the Philippines, struck out from the listing Greece, and
    struck out "for the fiscal year 1979" after "any such country" in
    provision limiting the percentage increment in an allotment to such
    fiscal year.
      1978 - Subsec. (a). Pub. L. 95-384 substituted provisions
    authorizing appropriations of $133,500,000 to the President for
    fiscal year 1979 to carry out the purposes of this part with
    specified amounts allocated to Portugal, Spain, Jordan, the
    Philippines, and Greece for provisions authorizing appropriations
    of $228,900,000 to the President for fiscal year 1978 to carry out
    the purposes of this part with specified amounts allocated to
    Greece, Portugal, Spain, Turkey, Jordan, Indonesia, the
    Philippines, and Thailand.
      1977 - Subsec. (a)(1). Pub. L. 95-92 substituted provisions
    authorizing appropriations for fiscal year 1978 to carry out the
    purposes of this part with specified amounts allocated to Greece,
    Portugal, Spain, Turkey, Jordan, Indonesia, Philippines, and
    Thailand, for provisions authorizing appropriations for fiscal
    years 1976 and 1977 to carry out the purposes of this part with
    specified amounts allocated to Greece, Indonesia, Jordan, Republic
    of Korea, Philippines, Thailand, Turkey, Ethiopia, and Portugal.
      Pub. L. 95-23 substituted "$179,550,000" for "$177,300,000" and
    added Portugal, with a fiscal year 1977 limit of $32,250,000, to
    the table of countries.
      Subsec. (a)(2). Pub. L. 95-92 substituted provisions prohibiting
    assistance to countries other than the countries specified in par.
    (1) except with respect to costs incurred under section 2321j(b) of
    this title or as otherwise required by law, for provisions setting
    forth limitations on amounts available for fiscal years 1976 and
    1977 to carry out the purposes of this part with respect to
    assistance to international organizations and countries not
    designated in former par. (1).
      Subsec. (a)(3). Pub. L. 95-92 substituted provisions relating to
    the authority of sections 2360(a) and 2364(a) of this title, for
    provisions setting forth limitations on the number of countries
    eligible for assistance under this part in fiscal years 1976 and
    1977.
      Subsec. (a)(4). Pub. L. 95-92 substituted provisions authorizing
    availability until expended of amounts appropriated under this
    subsection, for provisions relating to the authority of sections
    2360(a) and 2364(a) of this title to increase appropriated amounts
    and making inapplicable to emergency assistance under section
    2314(a) of this title limitations on appropriated funds under this
    section.
      Subsec. (a)(5) to (8). Pub. L. 95-92 struck out pars. (5) to (8)
    which provided for appropriations for administrative and related
    expenses for fiscal years 1976 and 1977, restricted use of funds
    with respect to sophisticated weapons systems, authorized
    appropriated amounts to remain available until expended, and
    required assistance to Turkey under this part to be subject to
    section 2370(x) of this title, respectively.
      1976 - Subsec. (a). Pub. L. 94-329 designated existing provisions
    as par. (1), substituted provisions authorizing appropriations for
    the purpose of this part of $196,700,000 for fiscal 1976 and
    $177,300,000 for fiscal 1977, with limitations in expenditures for
    the specified countries, and authorizing an increase of not more
    than 10% of the specified amounts if the President finds it
    necessary for the purpose of this part, for provisions authorizing
    appropriations not to exceed $600,000,000 for fiscal 1975 with
    provisos limiting assistance under this part to thirty-one
    countries except for training in the United States, and prohibiting
    the furnishing of sophisticated weapons systems to underdeveloped
    countries unless the President determined that such systems were
    important to national security, and added pars. (2) to (8).
      1974 - Subsec. (a). Pub. L. 93-559 substituted "$600,000,000 for
    the fiscal year 1975" for "$512,500,000 for the fiscal year 1974"
    and designated existing provision as item (1) and added item (2).
      1973 - Subsec. (a). Pub. L. 93-189 substituted "$512,500,000 for
    the fiscal year 1974", for "$500,000,000 for the fiscal year 1972"
    and "thirty-one countries" for "forty countries".
      1972 - Subsec. (a). Pub. L. 92-226 substituted "$500,000,000 for
    the fiscal year 1972" for "$350,000,000 for the fiscal year 1970,
    and $350,000,000 for the fiscal year 1971".
      1969 - Subsec. (a). Pub. L. 91-175 substituted "$350,000,000 for
    the fiscal year 1970, and $350,000,000 for the fiscal year 1971"
    for "$375,000,000 for the fiscal year 1969," and inserted
    provisions cost-sharing expenses of United States participation in
    the military headquarters and related agencies program.
      1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" and
    "$375,000,000" for "1968" and "$510,000,000", respectively, struck
    out provisions which made $24,100,000 of authorization available
    for fiscal year 1968, for cost-sharing expenses, and which
    prohibited other available funds from being used for cost-sharing
    expenses, and prohibited use of appropriated funds for weapons
    systems expenditures without Presidential determination of
    importance to national security and report to Congress,
    respectively.
      1967 - Subsec. (a). Pub. L. 90-137 substituted provisions
    authorizing appropriation of $510,000,000 for fiscal year 1968 for
    provisions authorizing appropriation of $875,000,000 for fiscal
    year 1967 in addition to such amounts as may be otherwise
    authorized to support Vietnamese forces and other free world forces
    in Vietnam, made $24,100,000 of such authorization available for
    fiscal year 1968 for cost-sharing expenses, and prohibited other
    available funds from being used for such cost-sharing expenses.
      1966 - Subsec. (a). Pub. L. 89-583 substituted provisions
    authorizing appropriation of $875,000,000 for fiscal year 1967 in
    addition to such amounts as may be otherwise authorized to support
    Vietnamese forces and other free world forces in Vietnam and
    limiting assistance to forty countries in any fiscal year for
    provisions authorizing appropriation of $1,170,000,000 for fiscal
    year 1966 and prescribing availability of minimum of $200,000,000
    for use in Vietnam for fiscal year 1965 unless otherwise determined
    by the President and so reported to Committees on Foreign Relations
    and Appropriations of the Senate and to the Speaker of the House.
      1965 - Pub. L. 89-171 substituted "1966" and "$1,170,000,000" for
    "1965" and "$1,055,000,000", respectively.
      1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and
    "$1,055,000,000" for "1964" and "$1,000,000,000", respectively, and
    required not less than $200,000,000 to be available for fiscal year
    1965 for use in Vietnam unless the President determined and
    reported otherwise to Congressional committees.
      1963 - Subsec. (a). Pub. L. 88-205 substituted "fiscal year 1964"
    and "$1,000,000,000, which", for "the fiscal years 1962 and 1963"
    and "$1,700,000,000 for each such fiscal year, which sum",
    respectively.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2313                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2313. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. II, Sec. 505(a), (b), Sept. 4, 1961,
    75 Stat. 436, as amended, was renumbered Secs. 502, 507(c) of Pub.
    L. 87-195 by Pub. L. 90-137, pt. II, Sec. 201(d)(1), (l), Nov. 14,
    1967, 81 Stat. 456, 457, and transferred to sections 2302 and 2319
    of this title.

-End-



-CITE-
    22 USC Sec. 2314                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2314. Furnishing of defense articles or related training or
      other defense service on grant basis

-STATUTE-
    (a) Conditions of eligibility
      In addition to such other provisions as the President may
    require, no defense articles or related training or other defense
    service shall be furnished to any country on a grant basis unless
    it shall have agreed that - 
        (1) it will not, without the consent of the President - 
          (A) permit any use of such articles or related training or
        other defense service by anyone not an officer, employee, or
        agent of that country,
          (B) transfer, or permit any officer, employee, or agent of
        that country to transfer such articles or related training or
        other defense service by gift, sale, or otherwise, or
          (C) use or permit the use of such articles or related
        training or other defense service for purposes other than those
        for which furnished;

        (2) it will maintain the security of such articles or related
      training or other defense service, and will provide substantially
      the same degree of security protection afforded to such articles
      or related training or other defense service by the United States
      Government;
        (3) it will, as the President may require, permit continuous
      observation and review by, and furnish necessary information to,
      representatives of the United States Government with regard to
      the use of such articles or related training or other defense
      service; and
        (4) unless the President consents to other disposition, it will
      return to the United States Government for such use or
      disposition as the President considers in the best interests of
      the United States, such articles or related training or other
      defense service which are no longer needed for the purposes for
      which furnished.
    (b) Limitation on amount; exceptions
      No defense articles shall be furnished on a grant basis to any
    country at a cost in excess of $3,000,000 in any fiscal year unless
    the President determines - 
        (1) that such country conforms to the purposes and principles
      of the Charter of the United Nations;
        (2) that such defense articles will be utilized by such country
      for the maintenance of its own defensive strength, or the
      defensive strength of the free world;
        (3) that such country is taking all reasonable measures,
      consistent with its political and economic stability, which may
      be needed to develop its defense capacities; and
        (4) that the increased ability of such country to defend itself
      is important to the security of the United States.
    (c) Reduction and termination of grants to countries able to
      maintain adequate military forces without undue economic strain
      The President shall regularly reduce and, with such deliberate
    speed as orderly procedure and other relevant considerations,
    including prior commitments, will permit, shall terminate all
    further grants of military equipment and supplies to any country
    having sufficient wealth to enable it, in the judgment of the
    President, to maintain and equip its own military forces at
    adequate strength, without undue burden to its economy.
    (d) Termination of assistance; report of violation by President;
      conditions for reinstatement
      (1) Assistance and deliveries of assistance under this part to
    any country shall be terminated as hereinafter provided, if such
    country uses defense articles or defense services furnished under
    this chapter, the Mutual Security Act of 1954, or any predecessor
    Foreign Assistance Act, in substantial violation (either in terms
    of quantities or in terms of the gravity of the consequences
    regardless of the quantities involved) of any agreement entered
    into pursuant to any such Act (A) by using such articles or
    services for a purpose not authorized under section 2302 of this
    title or, if such agreement provides that such articles or services
    may only be used for purposes more limited than those authorized
    under section 2302 of this title, for a purpose not authorized
    under such agreement; (B) by transferring such articles or services
    to, or permitting any use of such articles or services by, anyone
    not an officer, employee, or agent of the recipient country without
    the consent of the President; or (C) by failing to maintain the
    security of such articles or services.
      (2)(A) Assistance and deliveries of assistance shall be
    terminated pursuant to paragraph (1) of this subsection if the
    President so determines and so states in writing to the Congress,
    or if the Congress so finds by joint resolution.
      (B) The President shall report to the Congress promptly upon the
    receipt of information that a violation described in paragraph (1)
    of this subsection may have occurred.
      (3) Assistance to a country shall remain terminated in accordance
    with paragraph (1) of this subsection until such time as - 
        (A) the President determines that the violation has ceased; and
        (B) the country concerned has given assurances satisfactory to
      the President that such violation will not recur.

      (4) The authority contained in section 2364(a) of this title may
    not be used to waive the provisions of this section with respect to
    further assistance under this part.
    (e) Consent by President to transfer
      In considering a request for approval of any transfer of any
    weapon, weapons system, munitions, aircraft, military boat,
    military vessel, or other implement of war to another country, the
    President shall not give his consent under subsection (a)(1) or
    (a)(4) of this section to the transfer unless the United States
    itself would transfer the defense article under consideration to
    that country. In addition, the President shall not give his consent
    under subsection (a)(1) or (a)(4) of this section to the transfer
    of any significant defense articles on the United States Munitions
    List unless the foreign country requesting consent to transfer
    agrees to demilitarize such defense articles prior to transfer, or
    the proposed recipient foreign country provides a commitment in
    writing to the United States Government that it will not transfer
    such defense articles, if not demilitarized, to any other foreign
    country or person without first obtaining the consent of the
    President.
    (f) Disposition of defense articles furnished on a grant basis; net
      proceeds to be paid over to the United States
      Effective July 1, 1974, no defense article shall be furnished to
    any country on a grant basis unless such country shall have agreed
    that the net proceeds of sale received by such country in disposing
    of any weapon, weapons system, munition, aircraft, military boat,
    military vessel, or other implement of war received under this part
    will be paid to the United States Government and shall be available
    to pay all official costs of the United States Government payable
    in the currency of that country, including all costs relating to
    the financing of international educational and cultural exchange
    activities in which that country participates under the programs
    authorized by the Mutual Educational and Cultural Exchange Act of
    1961 [22 U.S.C. 2451 et seq.]. In the case of items which were
    delivered prior to 1985, the President may waive the requirement
    that such net proceeds be paid to the United States Government if
    he determines that to do so is in the national interest of the
    United States.
    (g) Discrimination on basis of race, religion, national origin, or
      sex prohibited
      (1) It is the policy of the United States that no assistance
    under this part should be furnished to any foreign country, the
    laws, regulations, official policies, or governmental practices of
    which prevent any United States person (as defined in section
    7701(a)(30) of title 26) from participating in the furnishing of
    defense articles or defense services under this part on the basis
    of race, religion, national origin, or sex.
      (2)(A) No agency performing functions under this part shall, in
    employing or assigning personnel to participate in the performance
    of any such function, whether in the United States or abroad, take
    into account the exclusionary policies or practices of any foreign
    government where such policies or practices are based upon race,
    religion, national origin, or sex.
      (B) Each contract entered into by any such agency for the
    performance of any function under this part shall contain a
    provision to the effect that no person, partnership, corporation,
    or other entity performing functions pursuant to such contract,
    shall, in employing or assigning personnel to participate in the
    performance of any such function, whether in the United States or
    abroad, take into account the exclusionary policies or practices of
    any foreign government where such policies or practices are based
    upon race, religion, national origin, or sex.
      (3) The President shall promptly transmit reports to the Speaker
    of the House of Representatives and the chairman of the Committee
    on Foreign Relations of the Senate concerning any transaction in
    which any United States person (as defined in section 7701(a)(30)
    of title 26) is prevented by a foreign government on the basis of
    race, religion, national origin, or sex, from participating in the
    furnishing of assistance under this part, or education and training
    under part V of this subchapter, to any foreign country. Such
    reports shall include (A) a description of the facts and
    circumstances of any such discrimination, (B) the response thereto
    on the part of the United States or any agency or employee thereof,
    and (C) the result of such response, if any.
      (4)(A) Upon the request of the Committee on Foreign Relations of
    the Senate or the Committee on Foreign Affairs of the House of
    Representatives, the President shall, within 60 days after receipt
    of such request, transmit to both such committees a statement,
    prepared with the assistance of the Assistant Secretary of State
    for Democracy, Human Rights, and Labor, with respect to the country
    designated in such request, setting forth - 
        (i) all the available information about the exclusionary
      policies or practices of the government of such country when such
      policies or practices are based upon race, religion, national
      origin, or sex and prevent any such person from participating in
      a transaction involving the furnishing of any assistance under
      this part or any education and training under part V of this
      subchapter;
        (ii) the response of the United States thereto and the results
      of such response;
        (iii) whether, in the opinion of the President, notwithstanding
      any such policies or practices - 
          (I) extraordinary circumstances exist which necessitate a
        continuation of such assistance or education and training
        transaction, and, if so, a description of such circumstances
        and the extent to which such assistance or education and
        training transaction should be continued (subject to such
        conditions as Congress may impose under this section), and
          (II) on all the facts it is in the national interest of the
        United States to continue such assistance or education and
        training transaction; and

        (iv) such other information as such committee may request.

      (B) In the event a statement with respect to an assistance or
    training transaction is requested pursuant to subparagraph (A) of
    this paragraph but is not transmitted in accordance therewith
    within 60 days after receipt of such request, such assistance or
    training transaction shall be suspended unless and until such
    statement is transmitted.
      (C)(i) In the event a statement with respect to an assistance or
    training transaction is transmitted under subparagraph (A) of this
    paragraph, the Congress may at any time thereafter adopt a joint
    resolution terminating or restricting such assistance or training
    transaction.
      (ii) Any such resolution shall be considered in the Senate in
    accordance with the provisions of section 601(b) of the
    International Security Assistance and Arms Export Control Act of
    1976.
      (iii) The term "certification", as used in section 601 of such
    Act, means, for the purposes of this paragraph, a statement
    transmitted under subparagraph (A) of this paragraph.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 505, formerly Sec. 506, Sept. 4,
    1961, 75 Stat. 436; Pub. L. 87-565, pt. II, Sec. 201(a), Aug. 1,
    1962, 76 Stat. 259; Pub. L. 89-583, pt. II, Sec. 201(b), Sept. 19,
    1966, 80 Stat. 803; renumbered Sec. 505, Pub. L. 90-137, pt. II,
    Sec. 201(e), Nov. 14, 1967, 81 Stat. 456 and amended Pub. L. 92-
    226, pt. II, Sec. 201(b), (c), Feb. 7, 1972, 86 Stat. 25; Pub. L.
    93-189, Sec. 12(b)(3), Dec. 17, 1973, 87 Stat. 721; Pub. L. 94-329,
    title II, Secs. 203(b), 204(b)(2), title III, Secs. 302(a), 304(a),
    June 30, 1976, 90 Stat. 735, 736, 751, 754; Pub. L. 95-105, title
    I, Sec. 109(a)(4), Aug. 17, 1977, 91 Stat. 846; Pub. L. 99-83,
    title I, Sec. 123(b), Aug. 8, 1985, 99 Stat. 205; Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-513, title III,
    Nov. 5, 1990, 104 Stat. 1998; Pub. L. 103-236, title I, Sec.
    162(e)(2), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-437, Sec.
    9(a)(6), Nov. 2, 1994, 108 Stat. 4588.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d)(1), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Mutual Security Act of 1954, referred to in subsec. (d)(1),
    is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts
    July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs.
    2-11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355;
    June 30, 1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs.
    201-205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72
    Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101,
    ch. II, Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV,
    Sec. 401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472,
    ch. I to V, 74 Stat. 134, which was principally classified to
    chapter 24 (Sec. 1750 et seq.) of this title and which was repealed
    by act July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-
    141, Secs. 2(e) 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub.
    L. 86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73
    Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14,
    1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept.
    4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),
    June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228,
    Apr. 4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796,
    1853, 1928, and 1937 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1754 of this title and Tables.
      The Mutual Educational and Cultural Exchange Act of 1961,
    referred to in subsec. (f), is Pub. L. 87-256, Sept. 21, 1961, 5
    Stat. 527, as amended, which is classified principally to chapter
    33 (Sec. 2451 et. seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2451 of this title and Tables.
      Section 601 of the International Security Assistance and Arms
    Export Control Act of 1976, referred to in subsec. (g)(4)(C)(ii),
    is section 601 of Pub. L. 94-329, which was not classified to the
    Code.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (g)(4)(A). Pub. L. 103-437 substituted "Foreign
    Affairs" for "International Relations" in introductory provisions.
      Pub. L. 103-236 substituted "Democracy, Human Rights, and Labor"
    for "Human Rights and Humanitarian Affairs" in introductory
    provisions.
      1990 - Subsec. (f). Pub. L. 101-513 substituted "1985" for "1975"
    in second sentence.
      1986 - Subsec. (g)(1), (3). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      1985 - Subsec. (f). Pub. L. 99-83 inserted provisions relating to
    waiver for items delivered prior to 1975.
      1977 - Subsec. (g)(4)(A). Pub. L. 95-105 substituted "Assistant
    Secretary of State" for "Coordinator" in provisions preceding cl.
    (i).
      1976 - Subsec. (a). Pub. L. 94-329, Sec. 203(b), inserted "or
    related training or other defense service" after "articles"
    wherever appearing.
      Subsec. (d). Pub. L. 94-329, Sec. 304(a), provided that either
    the President, by so stating in a writing to Congress, or Congress,
    by joint resolution, terminate assistance upon determining a
    violation, specified conditions for reinstatement of assistance,
    and denied the President the power, where a violation has been
    determined, of granting assistance on the basis of national
    security.
      Subsec. (e). Pub. L. 94-329, Sec. 204(b)(2), struck out
    provisions relating to the President's notification of his consent
    to transfer war implements to another country, in writing, to the
    Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate indicating his justification for
    the transfer and the particular war implement transferred.
      Subsec. (g). Pub. L. 94-329 added subsec. (g).
      1973 - Subsecs. (e), (f). Pub. L. 93-189 added subsecs. (e) and
    (f).
      1972 - Subsec. (b)(2). Pub. L. 92-226, Sec. 201(b), substituted
    "or" for "and".
      Subsec. (e). Pub. L. 92-226, Sec. 201(c), repealed provisions
    respecting conditions of eligibility requiring agreements for use
    of foreign currencies from sale of surplus commodities for common
    defense including internal security.
      1966 - Subsec. (e). Pub. L. 89-583 added subsec. (e).
      1962 - Subsecs. (c), (d). Pub. L. 87-565 added subsecs. (c) and
    (d).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of this title.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 203(b) of Pub. L. 94-329 provided that the amendment made
    by that section is effective July 1, 1976.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2314a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2314a. Repealed.

-MISC1-
    Sec. 2314a. Repealed. Pub. L. 93-189, Sec. 26(4), Dec. 17, 1973, 87
      Stat. 731.
      Section, Pub. L. 91-672, Sec. 9, Jan. 12, 1971, 84 Stat. 2055,
    related to transfer of defense articles to other countries under
    sections 2314(a)(1), (4) and 2753(a)(2) of this title and
    prerequisites for consent of President to transfer.

-End-



-CITE-
    22 USC Secs. 2315 to 2317                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Secs. 2315 to 2317. Transferred

-COD-
                               CODIFICATION                           
      Section 2315, Pub. L. 87-195, pt. II, Sec. 507, Sept. 4, 1961, 75
    Stat. 437, as amended, which related to sale of defense articles
    and services, manner of payment, price of non-excess defense
    articles, value of excess defense articles, contracts for
    procurement, undertakings, and fixed-price sales agreements, was
    renumbered Secs. 522, 523 of Pub. L. 87-195 by Pub. L. 90-137, pt.
    II, Sec. 201(f), (g), Nov. 14, 1967, 81 Stat. 456, and transferred
    to sections 2342 and 2343 of this title, respectively, which
    sections were subsequently repealed.
      Section 2316, Pub. L. 87-195, pt. II, Sec. 508, Sept. 4, 1961, 75
    Stat. 437, as amended, which related to reimbursements and
    transfers to separate fund account, was renumbered Sec. 524 of Pub.
    L. 87-195 by Pub. L. 90-137, pt. II, Sec. 201(h), Nov. 14, 1967, 81
    Stat. 456, and transferred to section 2344 of this title.
      Section 2317(a), Pub. L. 87-195, pt. II, Sec. 509(a), Sept. 4,
    1961, 75 Stat. 437; Pub. L. 88-633, pt. II, Sec. 201(d), Oct. 7,
    1964, 78 Stat. 1011, related to exchanges, and was repealed by Pub.
    L. 90-137, pt. II, Sec. 201(i)(1), Nov. 14, 1967, 81 Stat. 457.
      Section 2317(b), Pub. L. 87-195, pt. II, Sec. 509(b), as added
    Pub. L. 88-633, pt. II, Sec. 201(d), Oct. 7, 1964, 78 Stat. 1011,
    which related to guaranties, was renumbered Sec. 525(b) of Pub. L.
    87-195 by Pub. L. 90-137, pt. II, Sec. 201(i)(2), Nov. 14, 1967, 81
    Stat. 457, transferred to section 2345(b) of this title, and
    subsequently repealed.

-End-



-CITE-
    22 USC Sec. 2318                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2318. Special authority

-STATUTE-
    (a) Unforeseen emergency; national interest; determinations and
      reports to Congress; limitation of defense articles, defense
      services, and military education and training furnished
      (1) If the President determines and reports to the Congress in
    accordance with section 2411 of this title that - 
        (A) an unforeseen emergency exists which requires immediate
      military assistance to a foreign country or international
      organization; and
        (B) the emergency requirement cannot be met under the authority
      of the Arms Export Control Act [22 U.S.C. 2751 et seq.] or any
      other law except this section;

    he may direct, for the purposes of subchapter II of this chapter,
    the drawdown of defense articles from the stocks of the Department
    of Defense, defense services of the Department of Defense, and
    military education and training, of an aggregate value of not to
    exceed $100,000,000 in any fiscal year.
      (2)(A) If the President determines and reports to the Congress in
    accordance with section 2411 of this title that it is in the
    national interest of the United States to draw down articles and
    services from the inventory and resources of any agency of the
    United States Government and military education and training from
    the Department of Defense, the President may direct the drawdown of
    such articles, services, and military education and training - 
        (i) for the purposes and under the authorities of - 
          (I) part VIII of subchapter I of this chapter (relating to
        international narcotics control assistance);
          (II) part IX of subchapter I of this chapter (relating to
        international disaster assistance);
          (III) part VIII of subchapter II of this chapter (relating to
        antiterrorism assistance);
          (IV) part IX of subchapter II of this chapter (relating to
        nonproliferation assistance); or
          (V) the Migration and Refugee Assistance Act of 1962 [22
        U.S.C. 2601 et seq.]; or

        (ii) for the purpose of providing such articles, services, and
      military education and training to Vietnam, Cambodia, and Laos as
      the President determines are necessary - 
          (I) to support cooperative efforts to locate and repatriate
        members of the United States Armed Forces and civilians
        employed directly or indirectly by the United States Government
        who remain unaccounted for from the Vietnam War; and
          (II) to ensure the safety of United States Government
        personnel engaged in such cooperative efforts and to support
        Department of Defense-sponsored humanitarian projects
        associated with such efforts.

      (B) An aggregate value of not to exceed $200,000,000 in any
    fiscal year of such articles, services, and military education and
    training may be provided pursuant to subparagraph (A) of this
    paragraph - 
        (i) not more than $75,000,000 of which may be provided from the
      drawdown from the inventory and resources of the Department of
      Defense;
        (ii) not more than $75,000,000 of which may be provided
      pursuant to clause (i)(I) of such subparagraph; and
        (iii) not more than $15,000,000 of which may be provided to
      Vietnam, Cambodia, and Laos pursuant to clause (ii) of such
      subparagraph.
    (b) Notification and information to Congress of assistance
      furnished
      (1) The authority contained in this section shall be effective
    for any such emergency only upon prior notification to the
    Committee on Foreign Affairs of the House of Representatives, the
    Committee on Foreign Relations of the Senate, and the Committee on
    Appropriations of each House of Congress. In the case of drawdowns
    authorized by subclauses (I) and (III) of subsection (a)(2)(A)(i)
    of this section, notifications shall be provided to those
    committees at least 15 days in advance of the drawdowns in
    accordance with the procedures applicable to reprogramming
    notifications under section 2394-1 of this title.
      (2) The President shall keep the Congress fully and currently
    informed of all defense articles, defense services, and military
    education and training provided under this section, including
    providing the Congress with a report detailing all defense
    articles, defense services, and military education and training
    delivered to the recipient country or international organization
    upon delivery of such articles or upon completion of such services
    or education and training. Such report shall also include whether
    any savings were realized by utilizing commercial transport
    services rather than acquiring those services from United States
    Government transport assets.
    (c) Commercial transportation and related services
      For the purposes of any provision of law that authorizes the
    drawdown of defense or other articles or commodities, or defense or
    other services from an agency of the United States Government, such
    drawdown may include the supply of commercial transportation and
    related services that are acquired by contract for the purposes of
    the drawdown in question if the cost to acquire such commercial
    transportation and related services is less than the cost to the
    United States Government of providing such services from existing
    agency assets.
    (d) Authorization of appropriations for reimbursement of applicable
      funds
      There are authorized to be appropriated to the President such
    sums as may be necessary to reimburse the applicable appropriation,
    fund, or account for defense articles, defense services, and
    military education and training provided under this section.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 506, formerly Sec. 510, Sept. 4,
    1961, 75 Stat. 437; Pub. L. 87-565, pt. II, Sec. 201(d), Aug. 1,
    1962, 76 Stat. 260; Pub. L. 88-205, pt. II, Sec. 202(c), Dec. 16,
    1963, 77 Stat. 384; Pub. L. 88-633, pt. II, Sec. 201(e), Oct. 7,
    1964, 78 Stat. 1012; Pub. L. 89-171, pt. II, Sec. 201(g), Sept. 6,
    1965, 79 Stat. 658; Pub. L. 89-583, pt. II, Sec. 201(d), Sept. 19,
    1966, 80 Stat. 803; renumbered Sec. 506 and amended Pub. L. 90-137,
    pt. II, Sec. 201(j), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90-554,
    pt. II, Sec. 201(b), Oct. 8, 1968, 82 Stat. 962; Pub. L. 91-175,
    pt. II, Sec. 202, Dec. 30, 1969, 83 Stat. 820; Pub. L. 92-226, pt.
    II, Sec. 201(d), pt. III, Sec. 304(a)(2), Feb. 7, 1972, 86 Stat.
    25, 28; Pub. L. 93-189, Sec. 12(b)(4), Dec. 17, 1973, 87 Stat. 721;
    Pub. L. 93-559, Sec. 11, Dec. 30, 1974, 88 Stat. 1798; Pub. L. 94-
    329, title I, Sec. 102, June 30, 1976, 90 Stat. 730; Pub. L. 96-
    92, Sec. 5(b), Oct. 29, 1979, 93 Stat. 702; Pub. L. 96-533, title
    I, Sec. 112(c), Dec. 16, 1980, 94 Stat. 3139; Pub. L. 97-113, title
    I, Sec. 110(b), Dec. 29, 1981, 95 Stat. 1526; Pub. L. 101-167,
    title V, Sec. 551(b), Nov. 21, 1989, 103 Stat. 1236; Pub. L. 104-
    164, title I, Sec. 103(a), (b), July 21, 1996, 110 Stat. 1423;
    Pub. L. 105-118, title V, Sec. 576, Nov. 26, 1997, 111 Stat. 2433;
    Pub. L. 106-280, title I, Sec. 121, Oct. 6, 2000, 114 Stat. 850.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsec. (a)(1)(B), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      The Migration and Refugee Assistance Act of 1962, referred to in
    subsec. (a)(2)(A)(i)(V), is Pub. L. 87-510, June 28, 1962, 76 Stat.
    121, as amended, which is classified principally to chapter 36
    (Sec. 2601 et seq.) of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2601 of this title and Tables.


-MISC1-
      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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      2000 - Subsec. (a)(2)(A)(i)(III) to (V). Pub. L. 106-280, Sec.
    121(b), added subcls. (III) to (V) and struck out former subcl.
    (III) which read as follows: "the Migration and Refugee Assistance
    Act of 1962; or".
      Subsec. (a)(2)(B). Pub. L. 106-280, Sec. 121(a), substituted
    "$200,000,000" for "$150,000,000" in introductory provisions.
      1997 - Subsec. (b)(2). Pub. L. 105-118, Sec. 576(1), inserted
    before period at end ", including providing the Congress with a
    report detailing all defense articles, defense services, and
    military education and training delivered to the recipient country
    or international organization upon delivery of such articles or
    upon completion of such services or education and training. Such
    report shall also include whether any savings were realized by
    utilizing commercial transport services rather than acquiring those
    services from United States Government transport assets".
      Subsecs. (c), (d). Pub. L. 105-118, Sec. 576(2), (3), added
    subsec. (c) and redesignated former subsec. (c) as (d).
      1996 - Subsec. (a)(1). Pub. L. 104-164, Sec. 103(a), substituted
    "$100,000,000" for "$75,000,000" in concluding provisions.
      Subsec. (a)(2)(A). Pub. L. 104-164, Sec. 103(b)(1), substituted
    "articles and services from the inventory and resources of any
    agency of the United States Government and military education and
    training from the Department of Defense, the President may direct
    the drawdown of such articles, services, and military education and
    training - " and cls. (i) and (ii) for "defense articles from the
    stocks of the Department of Defense, defense services of the
    Department of Defense, and military education and training, he may
    direct - 
        "(i) the drawdown of such articles, services, and the provision
      of such training for the purposes and under the authorities of
      parts VIII and IX of subchapter I of this chapter, as the case
      may be; and
        "(ii) the drawdown of defense services for the purposes and
      under the authorities of the Migration and Refugee Assistance Act
      of 1962."
      Subsec. (a)(2)(B). Pub. L. 104-164, Sec. 103(b)(2), substituted
    "$150,000,000 in any fiscal year of such articles, services, and
    military education and training may be provided pursuant to
    subparagraph (A) of this paragraph - " and cls. (i) to (iii) for
    "$75,000,000 in any fiscal year of defense articles, defense
    services, and military education and training may be provided
    pursuant to subparagraph (A) of this paragraph."
      Subsec. (b)(1). Pub. L. 104-164, Sec. 103(b)(3), inserted at end
    "In the case of drawdowns authorized by subclauses (I) and (III) of
    subsection (a)(2)(A)(i) of this section, notifications shall be
    provided to those committees at least 15 days in advance of the
    drawdowns in accordance with the procedures applicable to
    reprogramming notifications under section 2394-1 of this title."
      1989 - Subsec. (a). Pub. L. 101-167 designated existing
    provisions as par. (1), redesignated former pars. (1) and (2) as
    subpars. (A) and (B), respectively, and added par. (2).
      1981 - Subsec. (a). Pub. L. 97-113 increased fiscal year
    limitation to $75,000,000 from $50,000,000 on aggregate value of
    assistance furnished.
      1980 - Subsec. (a). Pub. L. 96-533 increased to $50,000,000 from
    $10,000,000 fiscal year limitation on aggregate value of assistance
    furnished.
      1979 - Subsec. (a). Pub. L. 96-92 authorized military education
    and training assistance, substituted $10,000,000 fiscal year
    limitation on aggregate value of assistance furnished for
    $67,500,000 fiscal year limitation on total value of defense
    articles and defense services ordered, and eliminated requirement
    for determination that failure to respond immediately to the
    emergency would result in serious harm to vital United States
    security interests, deleted provision authorizing reimbursement
    from subsequent appropriations which is covered in subsec. (c),
    provision for effectiveness of authority only as provided in an
    appropriation Act, and requirement of information to Congress which
    is covered in subsec. (b)(2).
      Subsec. (b). Pub. L. 96-92 required notification of Congressional
    Committees, reenacted former subsec. (a) provision for information
    to Congress respecting assistance furnished, included military
    education and training, and deleted authorization of Defense
    Department, in applicable appropriations, to incur obligations in
    anticipation of reimbursements, and authorization of appropriations
    for reimbursement purposes.
      Subsec. (c). Pub. L. 96-92 incorporated reimbursement provision
    of former subsec. (b) and expanded section to include military
    education and training.
      1976 - Subsec. (a). Pub. L. 94-329 redesignated existing
    provisions as pars. (1) to (3), limited the President's authority
    to act by inserting requirements that he act only in cases of
    unforeseen emergencies requiring immediate military assistance to a
    foreign country or international organization where vital United
    States security interests are concerned when such emergency
    requirement cannot be met under authority of the Arms Export
    Control Act or any other law, reduced the President's authority
    from $150 million to $67.5 million in any fiscal year, and required
    current reporting to Congress on the use of such authority.
      1974 - Subsec. (a). Pub. L. 93-559 substituted "fiscal year 1975"
    for "fiscal year 1974" wherever appearing and "$150,000,000" for
    "$250,000,000".
      1973 - Subsec. (a). Pub. L. 93-189 substituted "the fiscal year
    1974", "in the security interests", and "$250,000,000" for "the
    fiscal year 1972", "vital to the security", and "$300,000,000",
    respectively.
      1972 - Subsec. (a). Pub. L. 92-226 substituted "1972" for "1970
    and the fiscal year 1971" and "the fiscal year 1972" for "each of
    the fiscal years 1970 and 1971", and repealed last sentence
    providing for prompt notice of action taken to Committees on
    Foreign Relations, Appropriations, and Armed Services of the Senate
    and Speaker of the House.
      1969 - Subsec. (a). Pub. L. 91-175 substituted "1970 and the
    fiscal year 1971" for "1969" in first sentence, and substituted "in
    each of the fiscal years 1970 and 1971" for "in the fiscal year
    1969" in second sentence.
      1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" for "1968"
    wherever appearing.
      1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" for "1967"
    wherever appearing.
      1966 - Subsec. (a). Pub. L. 89-583 substituted "1967" for "1966"
    wherever appearing.
      1965 - Subsec. (a). Pub. L. 89-171 substituted "1966" for "1965"
    wherever appearing.
      1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" for "1964"
    wherever appearing.
      1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" for "1963"
    wherever appearing.
      1962 - Subsec. (a). Pub. L. 87-565 substituted "1963" for "1962"
    wherever appearing.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Secs. 2319 to 2321                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Secs. 2319 to 2321. Repealed.

-MISC1-
    Secs. 2319 to 2321. Repealed. Pub. L. 93-189, Sec. 12(b)(5), Dec.
      17, 1973, 87 Stat. 722.
      Section 2319, Pub. L. 87-195, pt. II, Sec. 507, formerly Secs.
    505(b), 511, Sept. 4, 1961, 75 Stat. 436, 438; amended Pub. L. 88-
    205, pt. II, Sec. 202(d), Dec. 16, 1963, 77 Stat. 384; Pub. L. 89-
    171, pt. II, Sec. 201(c), (h), Sept. 6, 1965, 79 Stat. 656, 658;
    renumbered Sec. 507 and amended Pub. L. 90-137, pt. II Sec. 201(k),
    (l), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90-554, pt. II, Sec.
    201(c), Oct. 8, 1968, 82 Stat. 963; Pub. L. 92-226, pt. II, Sec.
    201(e), Feb. 7, 1972, 86 Stat. 25, placed certain restrictions on
    military aid to Latin America.
      Section 2320, Pub. L. 87-195, pt. II, Sec. 508, formerly Sec.
    512, as added Pub. L. 88-205, pt. II, Sec. 202(e), Dec. 16, 1963,
    77 Stat. 384; amended Pub. L. 86-633, pt. II, Sec. 201(f), Oct. 7,
    1964, 78 Stat. 1012; Pub. L. 89-171, pt. II, Sec. 201(i), Sept. 6,
    1965, 79 Stat. 658; Pub. L. 89-583, pt. II, Sec. 201(e), Sept. 19,
    1966, 80 Stat. 803; renumbered Sec. 508 and amended Pub. L. 90-137,
    pt. II, Sec. 201(m), Nov. 14, 1967, 81 Stat. 457; Pub. L. 90-554,
    pt. II, Sec. 201(d), Oct. 8, 1968, 82 Stat. 963, placed certain
    restrictions on military aid to African countries.
      Section 2321, Pub. L. 87-195, pt. II, Sec. 509, formerly Sec.
    513, as added Pub. L. 88-633, pt. II, Sec. 201(g), Oct. 7, 1964, 78
    Stat. 1012; renumbered Sec. 509 and amended Pub. L. 90-137, pt. II,
    Sec. 201(n), Nov. 14, 1967, 81 Stat. 457, provided for the giving
    of certification of recipients' capabilities to utilize defense
    articles effectively and for the making of a report to the Speaker
    of the House and the Senate's Foreign Relations and Appropriations
    Committees whenever articles are furnished without such
    certification.

-End-



-CITE-
    22 USC Sec. 2321a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321a. Repealed.

-MISC1-
    Sec. 2321a. Repealed. Pub. L. 94-329, title I, Sec. 106(b)(1), June
      30, 1976, 90 Stat. 733.
      Section, Pub. L. 87-195, pt. II, Sec. 510, as added Pub. L. 91-
    175, pt. II, Sec. 203, Dec. 30, 1969, 83 Stat. 820, limited the
    number of foreign military students to be trained in the United
    States out of funds appropriated under this subchapter, to not more
    than the number of foreign civilians brought to the United States
    under the Mutual Educational and Cultural Exchange Act of 1961 (22
    U.S.C. 2451 et seq.) in the immediately preceding year.

                             SAVINGS PROVISION                         
      Section 106(c) of Pub. L. 94-329 provided that: "Except as may be
    expressly provided to the contrary in this Act [see Short Title of
    1976 Amendment note under section 2151 of this title], all
    determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued, undertaken, or entered into
    under authority of any provision of law amended or repealed by this
    section [repealing this section and amending sections 2382, 2383,
    2392, 2396, and 2403 of this title] shall continue in full force
    and effect until modified, revoked, or superseded by appropriate
    authority."

-End-



-CITE-
    22 USC Sec. 2321b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321b. Excess defense article

-STATUTE-
    (a) to (c) Repealed. Pub. L. 94-329, title II, Sec. 210(c)(2), June
      30, 1976, 90 Stat. 740
    (d) Reports to Congress
      The President shall promptly and fully inform the Speaker of the
    House of Representatives and the Committee on Foreign Relations and
    the Committee on Appropriations of the Senate of each decision to
    furnish on a grant basis to any country excess defense articles
    which are major weapons systems to the extent such major weapons
    system was not included in the presentation material previously
    submitted to the Congress. The annual presentation materials for
    security assistance programs shall include a table listing by
    country the total value of all deliveries of excess defense
    articles, disclosing both the aggregate original acquisition cost
    and the aggregate value at the time of delivery.

-SOURCE-
    (Pub. L. 91-672, Sec. 8, Jan. 12, 1971, 84 Stat. 2054; Pub. L. 92-
    226, pt. IV, Sec. 402, Feb. 7, 1972, 86 Stat. 33; Pub. L. 93-189,
    Sec. 26(1)-(3), Dec. 17, 1973, 87 Stat. 731; Pub. L. 93-559, Sec.
    13, Dec. 30, 1974, 88 Stat. 1799; Pub. L. 94-329, title II, Sec.
    210(c)(2), June 30, 1976, 90 Stat. 740; Pub. L. 95-384, Sec. 29(a),
    Sept. 26, 1978, 92 Stat. 747.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Foreign Assistance Act of
    1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (d). Pub. L. 95-384 substituted "The annual
    presentation materials for security assistance programs shall
    include a table" for "Additionally, the President shall also submit
    a quarterly report to the Congress".
      1976 - Subsec. (a). Pub. L. 94-329 struck out subsec. (a) which
    provided that the value of excess defense article granted to a
    foreign country or international organization shall be considered
    to be an expenditure from the funds of this chapter for military
    assistance, and established accounting procedure when an order for
    excess defense article was placed.
      Subsec. (b). Pub. L. 94-329 struck out subsec. (b) which provided
    that in the case of excess defense articles that were generated
    abroad, provisions of former subsec. (a) shall apply during any
    fiscal year only to the extent that the aggregate value of excess
    defense articles ordered during that year exceeded $100,000,000.
      Subsec. (c). Pub. L. 94-329 struck out subsec. (c) which defined
    "value" as that meaning found in section 2403m of this title,
    except the term shall not include a value for any excess defense
    article which was less than 33 1/3  percent of the amount the
    United States paid for such article when it was acquired.
      Subsec. (e). Pub. L. 94-329 struck out subsec. (e) which provided
    that except for excess defense articles granted under this
    subchapter, the provisions of this section did not apply to grants
    of such articles to South Vietnam prior to July 1, 1972.
      1974 - Subsec. (b). Pub. L. 93-559, Sec. 13(a)(1), substituted
    "$100,000,000" for "$150,000,000".
      Subsec. (c). Pub. L. 93-559, Sec. 13(a)(2), inserted exception
    provision respecting definitions of value for excess defense
    articles.
      1973 - Subsec. (a). Pub. L. 93-189, Sec. 26(1), inserted
    provision preceding cl. (1) relating to the subtraction of amounts
    to be transferred under section 2392(d) of this title.
      Subsec. (b). Pub. L. 93-189, Sec. 26(2), substituted "In the case
    of excess defense articles which are generated abroad, the
    provisions", for "The provisions" and "$150,000,000" for
    "$185,000,000".
      Subsec. (c). Pub. L. 93-189, Sec. 26(3), substituted provisions
    defining "value" as that meaning given it in section 2403(m) of
    this title, for provisions defining such term as not less than 33
    1/3  per centum of the amount the United States paid at the time
    the excess defense articles were acquired by the United States.
      1972 - Subsec. (a). Pub. L. 92-226, Sec. 402(1), substituted in
    first sentence "by any department, agency, or independent
    establishment of the United States Government (other than the
    Agency for International Development)" for "subchapter II of this
    chapter" and "the Foreign Assistance Act of 1961" for "that Act",
    codified in the text as "this chapter" and in second sentence
    "Unless such department, agency, or establishment certifies to the
    Comptroller General of the United States that the excess defense
    article it is ordering is not to be transferred by any means to a
    foreign country or international organization, when an order is
    placed for a defense article" for "When an order is placed under
    the military assistance program with the military departments for a
    defense article".
      Subsec. (b). Pub. L. 92-226, Sec. 402(2), substituted
    "$185,000,000" for "$100,000,000".
      Subsec. (e). Pub. L. 92-226, Sec. 402(3), added subsec. (e).

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 210(c)(2) of Pub. L. 94-329 provided in part that the
    amendment of subsecs. (a) to (c) and (e) by Pub. L. 94-329 is
    effective July 1, 1976.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
      TRANSFER OF SUSPENSE ACCOUNT FUNDS TO GENERAL FUND OF TREASURY  
      Section 210(c)(2) of Pub. L. 94-329 provided in part that all
    funds in the suspense account referred to in former subsec. (a) of
    this section on July 1, 1976, shall be transferred to the general
    fund of the Treasury.

-End-



-CITE-
    22 USC Sec. 2321c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321c. Definitions

-STATUTE-
      For purposes of sections 2321b and 2314a (!1) of this title - 

        (1) "defense article" and "excess defense articles" have the
      same meanings as given them in subsections (d) and (g),
      respectively, of section 2403 of this title; and
        (2) "foreign country" includes any department, agency, or
      independent establishment of the foreign country.

-SOURCE-
    (Pub. L. 91-672, Sec. 11, Jan. 12, 1971, 84 Stat. 2055.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2314a, referred to in text, was repealed by Pub. L. 93-
    189, Sec. 26(4), Dec. 17, 1973, 87 Stat. 731.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2321d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321d. Considerations in furnishing military assistance

-STATUTE-
      Decisions to furnish military assistance made under subchapter II
    of this chapter shall take into account whether such assistance
    will - 
        (1) contribute to an arms race;
        (2) increase the possibility of outbreak or escalation of
      conflict; or
        (3) prejudice the development of bilateral or multilateral arms
      control arrangements.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 511, as added Pub. L. 92-226, pt. II,
    Sec. 201(f), Feb. 7, 1972, 86 Stat. 25; amended Pub. L. 94-141,
    title I, Sec. 150(c), Nov. 29, 1975, 89 Stat. 760; Pub. L. 105-277,
    div. G, subdiv. A, title XII, Sec. 1225(b), Oct. 21, 1998, 112
    Stat. 2681-773.)


-MISC1-
      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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1998 - Pub. L. 105-277 substituted "take into account" for "be
    made in coordination with the Director of the United States Arms
    Control and Disarmament Agency and shall take into account his
    opinion as to" in introductory provisions.
      1975 - Pub. L. 94-141 substituted "be made in coordination with
    the Director of the United States Arms Control and Disarmament
    Agency and shall take into account his opinion as to" for "take
    into account".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-277 effective Apr. 1, 1999, see section
    1201 of Pub. L. 105-277, set out as an Effective Date note under
    section 6511 of this title.

-End-



-CITE-
    22 USC Sec. 2321e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321e. Repealed.

-MISC1-
    Sec. 2321e. Repealed. Pub. L. 93-189, Sec. 12(b)(5), Dec. 17, 1973,
      87 Stat. 722.
      Section, Pub. L. 87-195, pt. II, Sec. 512, as added Pub. L. 92-
    226, pt. II, Sec. 201(f), Feb. 7, 1972, 86 Stat. 25, provided for
    the diminution and consolidation of military assistance advisory
    groups and missions in foreign countries.

-End-



-CITE-
    22 USC Sec. 2321f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321f. Repealed.

-MISC1-
    Sec. 2321f. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
      Dec. 29, 1981, 95 Stat. 1560.
      Section, Pub. L. 87-195, pt. II, Sec. 513, as added Pub. L. 92-
    226, pt. II, Sec. 201(f), Feb. 7, 1972, 86 Stat. 25; amended Pub.
    L. 93-189, Sec. 12(b)(6), Dec. 17, 1973, 87 Stat. 722; Pub. L. 93-
    559, Sec. 12, Dec. 30, 1974, 88 Stat. 1798, prohibited military
    assistance to Thailand, Laos, and South Vietnam after June 30,
    1972, 1974, and 1976, respectively, without prior authorization.

-End-



-CITE-
    22 USC Sec. 2321g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321g. Repealed.

-MISC1-
    Sec. 2321g. Repealed. Pub. L. 93-189, Sec. 12(b)(5), Dec. 17, 1973,
      87 Stat. 722.
      Section, Pub. L. 87-195, pt. II, Sec. 514, as added Pub. L. 92-
    226, pt. II, Sec. 201(f), Feb. 7, 1972, 86 Stat. 26, covered
    special foreign country accounts, the deposit of currencies, use of
    special accounts for payments of certain costs, Presidential waiver
    authority, the nonapplicability of provisions for special accounts,
    and the limitations on the amount of deposits.

                     SPECIAL FOREIGN COUNTRY ACCOUNTS                 
      Section 1-501(b) of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R.
    56675, eff. Oct. 1, 1979, set out as a note under section 2381 of
    this title, authorized the Secretary of the Treasury to continue to
    administer any open special foreign country accounts established
    pursuant to this section prior to its repeal by Pub. L. 93-189.

-End-



-CITE-
    22 USC Sec. 2321h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321h. Stockpiling of defense articles for foreign countries

-STATUTE-
    (a) Transfer of defense articles
      No defense article in the inventory of the Department of Defense
    which is set aside, reserved, or in any way earmarked or intended
    for future use by any foreign country may be made available to or
    for use by any foreign country unless such transfer is authorized
    under this chapter or the Arms Export Control Act [22 U.S.C. 2751
    et seq.] or any subsequent corresponding legislation, and the value
    of such transfer is charged against funds authorized under such
    legislation or against the limitations specified in such
    legislation, as appropriate, for the fiscal period in which such
    defense article is transferred. For purposes of this subsection,
    "value" means the acquisition cost plus crating, packing, handling,
    and transportation costs incurred in carrying out this section.
    (b) Fiscal year limits on new stockpiles or additions to existing
      stockpiles located in foreign countries
      (1) The value of defense articles to be set aside, earmarked,
    reserved, or intended for use as war reserve stocks for allied or
    other foreign countries (other than for purposes of the North
    Atlantic Treaty Organization or in the implementation of agreements
    with Israel) in stockpiles located in foreign countries may not
    exceed in any fiscal year an amount that is specified in security
    assistance authorizing legislation for that fiscal year.
      (2)(A) The value of such additions to stockpiles of defense
    articles in foreign countries shall not exceed $200,000,000 for
    each of fiscal years 2007 and 2008.
      (B) Of the amount specified in subparagraph (A) for a fiscal
    year, not more than $200,000,000 may be made available for
    stockpiles in the State of Israel.
    (c) Location of stockpiles of defense articles
      (1) Limitation
        Except as provided in paragraph (2), no stockpile of defense
      articles may be located outside the boundaries of a United States
      military base or a military base used primarily by the United
      States.
      (2) Exceptions
        Paragraph (1) shall not apply with respect to stockpiles of
      defense articles located in the Republic of Korea, Thailand, any
      country that is a member of the North Atlantic Treaty
      Organization, any country that is a major non-NATO ally, or any
      other country the President may designate. At least 15 days
      before designating a country pursuant to the last clause of the
      preceding sentence, the President shall notify the congressional
      committees specified in section 2394-1(a) of this title in
      accordance with the procedures applicable to reprogramming
      notifications under that section.
    (d) Transferred articles not to be considered excess articles in
      determining value
      No defense article transferred from any stockpile which is made
    available to or for use by any foreign country may be considered an
    excess defense article for the purpose of determining the value
    thereof.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 514, as added Pub. L. 93-559, Sec.
    15, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94-329, title I,
    Sec. 103, June 30, 1976, 90 Stat. 730; Pub. L. 95-92, Sec. 6, Aug.
    4, 1977, 91 Stat. 615; Pub. L. 95-384, Sec. 8, Sept. 26, 1978, 92
    Stat. 732; Pub. L. 96-92, Sec. 6(a), Oct. 29, 1979, 93 Stat. 703;
    Pub. L. 96-533, title I, Sec. 113, Dec. 16, 1980, 94 Stat. 3139;
    Pub. L. 97-113, title I, Sec. 111, Dec. 29, 1981, 95 Stat. 1527;
    Pub. L. 98-473, title I, Sec. 101(1) [title V, Sec. 541(a)], Oct.
    12, 1984, 98 Stat. 1884, 1903; Pub. L. 99-83, title I, Sec. 124,
    Aug. 8, 1985, 99 Stat. 205; Pub. L. 100-202, Sec. 101(e) [title
    III, Sec. 301], Dec. 22, 1987, 101 Stat. 1329-131, 1329-147; Pub.
    L. 100-461, title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36;
    Pub. L. 101-167, title V, Sec. 587(b), Nov. 21, 1989, 103 Stat.
    1253; Pub. L. 101-510, div. A, title XIII, Sec. 1303(b), Nov. 5,
    1990, 104 Stat. 1669; Pub. L. 101-513, title V, Sec. 573, Nov. 5,
    1990, 104 Stat. 2042; Pub. L. 102-391, title V, Sec. 569, Oct. 6,
    1992, 106 Stat. 1681; Pub. L. 103-87, title V, Sec. 535, Sept. 30,
    1993, 107 Stat. 955; Pub. L. 103-306, title V, Sec. 535, Aug. 23,
    1994, 108 Stat. 1637; Pub. L. 104-107, title V, Sec. 531B, Feb. 12,
    1996, 110 Stat. 732; Pub. L. 105-118, title V, Sec. 575, Nov. 26,
    1997, 111 Stat. 2433; Pub. L. 105-277, div. A, Sec. 101(d) [title
    V, Sec. 571], Oct. 21, 1998, 112 Stat. 2681-150, 2681-198; Pub. L.
    106-113, div. B, Secs. 1000(a)(2) [title V, Sec. 584], 1000(a)(7)
    [div. B, title XII, Sec. 1231], Nov. 29, 1999, 113 Stat. 1535,
    1536, 1501A-117, 1501A-499; Pub. L. 106-280, title I, Sec. 111,
    Oct. 6, 2000, 114 Stat. 849; Pub. L. 107-228, div. B, title XII,
    Sec. 1261, Sept. 30, 2002, 116 Stat. 1434; Pub. L. 108-287, title
    X, Sec. 12002, Aug. 5, 2004, 118 Stat. 1011; Pub. L. 109-472, Sec.
    13(a)(2), Jan. 11, 2007, 120 Stat. 3559.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 98-473 is based on section 116(a) of H.R.
    5119, Ninety-eighth Congress, as passed by the House of
    Representatives May 10, 1984, which was enacted into permanent law
    by Pub. L. 98-473.


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (b)(2)(A). Pub. L. 109-472, Sec. 13(a)(2)(A),
    substituted "$200,000,000" for "$100,000,000" and "2007 and 2008"
    for "2004 and 2005".
      Subsec. (b)(2)(B). Pub. L. 109-472, Sec. 13(a)(2)(B), substituted
    "$200,000,000" for "$100,000,000".
      2004 - Subsec. (b)(2)(A). Pub. L. 108-287, Sec. 12002(1),
    substituted "for each of fiscal years 2004 and 2005" for "for
    fiscal year 2003".
      Subsec. (b)(2)(B). Pub. L. 108-287, Sec. 12002(2), substituted
    "for a fiscal year" for "for fiscal year 2003".
      2002 - Subsec. (b)(2). Pub. L. 107-228 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows:
      "(2)(A) The value of such additions to stockpiles of defense
    articles in foreign countries shall not exceed $50,000,000 for
    fiscal year 2001.
      "(B) Of the amount specified in subparagraph (A), not more than
    $50,000,000 may be made available for stockpiles in the Republic of
    Korea."
      2000 - Subsec. (b)(2). Pub. L. 106-280 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows:
      "(2)(A) The value of such additions to stockpiles of defense
    articles in foreign countries shall not exceed $60,000,000 for
    fiscal year 2000.
      "(B) Of the amount specified in subparagraph (A), not more than
    $40,000,000 may be made available for stockpiles in the Republic of
    Korea and not more than $20,000,000 may be made available for
    stockpiles in Thailand."
      1999 - Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(7) [title
    XII, Sec. 1231], amended par. (2) generally. Prior to amendment,
    par. (2) read as follows:
      "(A) The value of such additions to stockpiles of defense
    articles in foreign countries shall not exceed $340,000,000 for
    fiscal year 1999 and $60,000,000 for fiscal year 2000.
      "(B) Of the amount specified in subparagraph (A) for fiscal year
    1999, not more than $320,000,000 may be made available for
    stockpiles in the Republic of Korea and not more than $20,000,000
    may be made available for stockpiles in Thailand. Of the amount
    specified in subparagraph (A) for fiscal year 2000, not more than
    $40,000,000 may be made available for stockpiles in the Republic of
    Korea and not more than $20,000,000 may be made available for
    stockpiles in Thailand."
      Subsec. (b)(2)(A). Pub. L. 106-113, Sec. 1000(a)(2) [title V,
    Sec. 584(a)], inserted "and $60,000,000 for fiscal year 2000"
    before period at end and directed the striking of "$50,000,000 for
    each of the fiscal years 1996 and 1997, $60,000,000 for fiscal year
    1998, and", which was executed by striking after "shall not exceed"
    text which did not include a comma after "1998" to reflect the
    probable intent of Congress.
      Subsec. (b)(2)(B). Pub. L. 106-113, Sec. 1000(a)(2) [title V,
    Sec. 584(b)], struck out "Of the amount specified in subparagraph
    (A) for each of the fiscal years 1996 and 1997, not more than
    $40,000,000 may be made available for stockpiles in the Republic of
    Korea and not more than $10,000,000 may be made available for
    stockpiles in Thailand. Of the amount specified in subparagraph (A)
    for fiscal year 1998, not more than $40,000,000 may be made
    available for stockpiles in the Republic of Korea and not more than
    $20,000,000 may be made available for stockpiles in Thailand. Of
    the amount specified in subparagraph (A) for fiscal year 1999, not
    more than $320,000,000 may be made available for stockpiles in the
    Republic of Korea and not more than $20,000,000 may be made
    available for stockpiles in Thailand." after "(B)" and inserted at
    end "Of the amount specified in subparagraph (A) for fiscal year
    2000, not more than $40,000,000 may be made available for
    stockpiles in the Republic of Korea and not more than $20,000,000
    may be made available for stockpiles in Thailand."
      1998 - Subsec. (b)(2)(A). Pub. L. 105-277, Sec. 101(d) [title V,
    Sec. 571(a)], substituted a comma for "and" after "1997" and
    inserted "and $340,000,000 for fiscal year 1999" before period at
    end.
      Subsec. (b)(2)(B). Pub. L. 105-277, Sec. 101(d) [title V, Sec.
    571(b)], inserted at end "Of the amount specified in subparagraph
    (A) for fiscal year 1999, not more than $320,000,000 may be made
    available for stockpiles in the Republic of Korea and not more than
    $20,000,000 may be made available for stockpiles in Thailand."
      1997 - Subsec. (b)(2)(A). Pub. L. 105-118, Sec. 575(a), inserted
    "and $60,000,000 for fiscal year 1998" before period at end.
      Subsec. (b)(2)(B). Pub. L. 105-118, Sec. 575(b), inserted at end
    "Of the amount specified in subparagraph (A) for fiscal year 1998,
    not more than $40,000,000 may be made available for stockpiles in
    the Republic of Korea and not more than $20,000,000 may be made
    available for stockpiles in Thailand."
      1996 - Subsec. (b)(1). Pub. L. 104-107, Sec. 531B(a), inserted
    "or in the implementation of agreements with Israel" after "North
    Atlantic Treaty Organization".
      Subsec. (b)(2). Pub. L. 104-107, Sec. 531B(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "The value
    of such additions to stockpiles in foreign countries shall not
    exceed a total of $200,000,000 for stockpiles in Israel for fiscal
    years 1994 and 1995, up to $40,000,000 may be made available for
    stockpiles in the Republic of Korea, and up to $10,000,000 may be
    made available for stockpiles in Thailand for fiscal year 1995, up
    to $72,000,000 may be made available for stockpiles in the Republic
    of Korea, and up to $20,000,000 may be made available for
    stockpiles in Thailand."
      Subsec. (c). Pub. L. 104-107, Sec. 531B(c), inserted heading and
    amended text generally. Prior to amendment, text read as follows:
    "Except for stockpiles in existence on June 30, 1976 and for
    stockpiles located in the Republic of Korea, Thailand, or countries
    which are members of the North Atlantic Treaty Organization, or
    major non-NATO allies, no stockpile may be located outside the
    boundaries of a United States military base or a military base used
    primarily by the United States."
      1994 - Subsec. (b)(2). Pub. L. 103-306 substituted "a total of
    $200,000,000 for stockpiles in Israel for fiscal years 1994 and
    1995, up to $40,000,000 may be made available for stockpiles in the
    Republic of Korea, and up to $10,000,000 may be made available for
    stockpiles in Thailand for fiscal year 1995" for "$200,000,000 for
    stockpiles in Israel for fiscal year 1994".
      1993 - Subsec. (b)(2). Pub. L. 103-87 which directed amendment of
    par. (2) "by striking out '$389,000,000 for fiscal year 1993, of
    which amount not less than $200,000,000 shall be available for
    stockpiles in Israel, and up to $189,000,000 may be available for
    stockpiles in the Republic of Korea' and inserting in lieu thereof
    '$200,000,000 for stockpiles in Israel for fiscal year 1994', up to
    $72,000,000 may be made available for stockpiles in the Republic of
    Korea, and up to $20,000,000 may be made available for stockpiles
    in Thailand." was executed as if the end quotation mark for the
    inserted material followed "Thailand" rather than following "1994"
    to reflect the probable intent of Congress.
      1992 - Subsec. (b)(2). Pub. L. 102-391, which directed the
    substitution of "$389,000,000 for fiscal year 1993, of which amount
    not less than $200,000,000 shall be available for stockpiles in
    Israel, and up to $189,000,000 may be available for stockpiles in
    the Republic of Korea" for "$378,000,000 for fiscal year 1991, of
    which amount not less than $300,000,000 shall be available for
    stockpiles in Israel", was executed by making such substitution for
    "$378,000,000 for fiscal year 1991, of which amount not less than
    $300,000,000 shall be for stockpiles in Israel", to reflect the
    probable intent of Congress.
      1990 - Subsec. (b)(2). Pub. L. 101-513, Sec. 573(b), substituted
    "$378,000,000 for fiscal year 1991, of which amount not less than
    $300,000,000 shall be for stockpiles in Israel" for "$165,000,000
    for fiscal year 1990".
      Subsec. (c). Pub. L. 101-513, Sec. 573(a), inserted "or major non-
    NATO allies," after "Organization,".
      Subsec. (e). Pub. L. 101-510 struck out subsec. (e) which read as
    follows: "The President shall promptly report to the Congress each
    new stockpile, or addition to an existing stockpile, described in
    this section of defense articles valued in excess of $10,000,000 in
    any fiscal year."
      1989 - Subsec. (b)(1). Pub. L. 101-167, Sec. 587(b)(1),
    substituted "an amount that is specified" for "an amount greater
    than is specified".
      Subsec. (b)(2). Pub. L. 101-167, Sec. 587(b)(2), substituted
    "$165,000,000 for fiscal year 1990" for "$77,000,000 for fiscal
    year 1989".
      1988 - Subsec. (b)(2). Pub. L. 100-461 amended par. (2)
    generally, substituting "$77,000,000 for fiscal year 1989" for
    "$116,000,000 for fiscal year 1988".
      1987 - Subsec. (b)(2). Pub. L. 100-202 amended par. (2)
    generally, substituting "$116,000,000 for fiscal year 1988" for
    "$360,000,000 for fiscal year 1986 and shall not exceed
    $125,000,000 for fiscal year 1987".
      Subsec. (c). Pub. L. 100-202 inserted ", Thailand," after
    "Korea".
      1985 - Subsec. (b)(2). Pub. L. 99-83 amended par. (2) generally,
    substituting provisions authorizing appropriations of not to exceed
    $360,000,000 for fiscal year 1986 and $125,000,000 for fiscal year
    1987, for provisions authorizing appropriations of $125,000,000 for
    fiscal year 1984 and $248,000,000 for fiscal year 1985.
      1984 - Subsec. (b)(2). Pub. L. 98-473 substituted "$125,000,000
    for the fiscal year 1984 and $248,000,000 for the fiscal year 1985"
    for "$130,000,000 for the fiscal year 1982 and $125,000,000 for the
    fiscal year 1983".
      1981 - Subsec. (b)(2). Pub. L. 97-113 substituted "$130,000,000
    for the fiscal year 1982 and $125,000,000 for the fiscal year 1983"
    for "$85,000,000 for the fiscal year 1981".
      1980 - Subsec. (b)(2). Pub. L. 96-533 substituted "$85,000,000
    for the fiscal year 1981" for "$95,000,000 for the fiscal year
    1980".
      1979 - Subsec. (b)(2). Pub. L. 96-92, Sec. 6(a)(1), substituted
    "$95,000,000 for the fiscal year 1980" for "$90,000,000 for the
    fiscal year 1979".
      Subsec. (c). Pub. L. 96-92, Sec. 6(a)(2), inserted reference to
    stockpiles in Republic of Korea.
      1978 - Subsec. (b)(2). Pub. L. 95-384 substituted "$90,000,000
    for the fiscal year 1979" for "$270,000,000 for the fiscal year
    1978".
      1977 - Subsec. (b)(2). Pub. L. 95-92 substituted "$270,000,000
    for the fiscal year 1978" for "$93,750,000 for the period beginning
    July 1, 1975, and ending September 30, 1976, and $125,000,000 for
    the fiscal year 1977".
      1976 - Subsec. (a). Pub. L. 93-329 substituted provisions
    prohibiting the transfer of any defense article earmarked for
    foreign use unless such transfer is authorized under this chapter
    or the Arms Export Control Act or subsequent legislation, requiring
    the charge-off of such transfer against funds authorized under such
    legislation, and defining "value", for provisions that no funds,
    other than funds made available under this part or section 401(a)
    of Pub. L. 89-367 (80 Stat. 37) be obligated for purposes of
    stockpiling any defense article or war reserve material if such
    article is earmarked for future foreign use.
      Subsec. (b). Pub. L. 94-329 substituted provisions limiting the
    value of earmarked defense articles for allied or foreign use to an
    amount not greater than is specified in security assistance
    legislation for that fiscal year and limiting the value of
    additions to stockpiles in foreign countries not to exceed
    $93,750,000 for the period beginning July 1, 1975 and ending Sept.
    30, 1976, and $125,000,000 for fiscal 1977 for provisions
    specifying a charge-off of the cost of any such article earmarked
    for use by or on behalf of the country referred to in section
    401(a)(1) of Pub. L. 89-367 (80 Stat. 37) against the limitations
    specified in such section or subsequent legislation and against
    funds authorized under this part.
      Subsecs. (c) to (e). Pub. L. 94-329 added subsecs. (c) to (e).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 116(b) of H.R. 5119, as passed by the House of
    Representatives May 10, 1984, and enacted into permanent law by
    101(1) [title V, Sec. 541(a)], of Pub. L. 98-473 provided that:
    "The amendment made by subsection (a) [amending this section] shall
    take effect on the date of enactment of this Act [Oct. 12, 1984]."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
            FISCAL YEAR 1992 ADDITIONS TO STOCKPILES IN ISRAEL        
      Pub. L. 102-145, Sec. 118, as added by Pub. L. 102-266, Sec. 102,
    Apr. 1, 1992, 106 Stat. 93, provided in part that the authority and
    conditions provided in section 571 of H.R. 2621, One Hundred Second
    Congress, 1st Session, as passed by the House on June 19, 1991,
    shall be applicable to funds appropriated by Pub. L. 102-145 (and
    are hereby enacted) in lieu of the authority and conditions
    provided in section 573 of Pub. L. 101-513 [amending this section].
    Section 571 of H.R. 2621, as referred to above, provided that:
    "Notwithstanding section 514(b) of the Foreign Assistance Act of
    1961 [subsec. (b) of this section], additions may be made to
    stockpiles in Israel during fiscal year 1992 having a value of
    $300,000,000: Provided, That the word 'value' as used in this
    section shall have the same meaning as in section 514 of the
    Foreign Assistance Act of 1961 [this section]."

       REPUBLIC OF KOREA STOCKPILING AUTHORITIES; REPORT TO CONGRESS   
      Section 6(b) of Pub. L. 96-92 directed President to transmit to
    Congress, not later than Dec. 31, 1979, a report regarding
    stockpiling authorities for Republic of Korea, prior to repeal by
    Pub. L. 97-113, title VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat.
    1560.

-End-



-CITE-
    22 USC Sec. 2321i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321i. Overseas management of assistance and sales programs

-STATUTE-
    (a) Assignment of military personnel for performance of enumerated
      functions
      In order to carry out his responsibilities for the management of
    international security assistance programs conducted under this
    part, part V of this subchapter, and the Arms Export Control Act
    [22 U.S.C. 2751 et seq.], the President may assign members of the
    Armed Forces of the United States to a foreign country to perform
    one or more of the following functions:
        (1) equipment and services case management;
        (2) training management;
        (3) program monitoring;
        (4) evaluation and planning of the host government's military
      capabilities and requirements;
        (5) administrative support;
        (6) promoting rationalization, standardization,
      interoperability, and other defense cooperation measures; and
        (7) liaison functions exclusive of advisory and training
      assistance.
    (b) Furnishing of advisory and training assistance
       Advisory and training assistance conducted by military personnel
    assigned under this section shall be kept to an absolute minimum.
    It is the sense of the Congress that advising and training
    assistance in countries to which military personnel are assigned
    under this section shall be provided primarily by other personnel
    who are not assigned under this section and who are detailed for
    limited periods to perform specific tasks.
    (c) Number of personnel assigned; waiver; procedures applicable
      (1) The number of members of the Armed Forces assigned to a
    foreign country under this section may not exceed six unless
    specifically authorized by the Congress. The president may waive
    this limitation if he determines and reports to the Committee on
    Foreign Relations of the Senate and the Committee on Foreign
    Affairs of the House of Representatives, 30 days prior to the
    introduction of the additional military personnel, that United
    States national interests require that more than six members of the
    Armed Forces be assigned under this section to carry out
    international security assistance programs in a country not
    specified in this paragraph. Pakistan, Tunisia, El Salvador,
    Honduras, Colombia, Indonesia, the Republic of Korea, the
    Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia,
    Greece, Portugal, Spain, and Turkey are authorized to have military
    personnel strengths larger than six under this section to carry out
    international security assistance programs.
      (2) The total number of members of the Armed Forces assigned
    under this section to a foreign country in a fiscal year may not
    exceed the number justified to the Congress for that country in the
    congressional presentation materials for that fiscal year, unless
    the Committee on Foreign Relations of the Senate and the Committee
    on Foreign Affairs of the House of Representatives are notified 30
    days in advance of the introduction of the additional military
    personnel.
    (d) Costs
       Effective October 1, 1989, the entire costs (excluding salaries
    of the United States military personnel other than the Coast Guard)
    of overseas management of international security assistance
    programs under this section shall be charged to or reimbursed from
    funds made available to carry out this part or the Arms Export
    Control Act [22 U.S.C. 2751 et seq.], other than any such costs
    which are either paid directly for such defense services under
    section 21(a) of the Arms Export Control Act [22 U.S.C. 2761(a)] or
    reimbursed from charges for services collected from foreign
    governments pursuant to section 21(e) [22 U.S.C. 2761(e)] and
    section 43(b) [22 U.S.C. 2792(b)] of that Act.
    (e) Direction and supervision of assigned personnel
       Members of the Armed Forces assigned to a foreign country under
    this section shall serve under the direction and supervision of the
    Chief of the United States Diplomatic Mission to that country.
    (f) Presidential directive respecting purchase by foreign country
      of United States-made military equipment
       The President shall continue to instruct United States
    diplomatic and military personnel in the United States missions
    abroad that they should not encourage, promote, or influence the
    purchase by any foreign country of United States-made military
    equipment, unless they are specifically instructed to do so by an
    appropriate official of the executive branch.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 515, as added Pub. L. 93-559, Sec.
    16, Dec. 30, 1974, 88 Stat. 1799; amended Pub. L. 94-329, title I,
    Sec. 104, June 30, 1976, 90 Stat. 731; Pub. L. 95-92, Sec. 7(a),
    Aug. 4, 1977, 91 Stat. 615; Pub. L. 95-384, Sec. 9, Sept. 26, 1978,
    92 Stat. 732; Pub. L. 96-92, Sec. 7, Oct. 29, 1979, 93 Stat. 703;
    Pub. L. 96-533, title I, Sec. 114, Dec. 16, 1980, 94 Stat. 3139;
    Pub. L. 97-113, title I, Sec. 112, Dec. 29, 1981, 95 Stat. 1527;
    Pub. L. 99-83, title I, Sec. 125, Aug. 8, 1985, 99 Stat. 205; Pub.
    L. 100-690, title IV, Sec. 4305(a), Nov. 18, 1988, 102 Stat. 4273;
    Pub. L. 101-165, title IX, Sec. 9104(a), Nov. 21, 1989, 103 Stat.
    1152; Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat. 1213;
    Pub. L. 102-391, title V, Sec. 556(c), Oct. 6, 1992, 106 Stat.
    1675; Pub. L. 104-164, title I, Sec. 143, July 21, 1996, 110 Stat.
    1434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsecs. (a) and (d),
    is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which
    is classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(6). Pub. L. 104-164 struck out "among members
    of the North Atlantic Treaty Organization and with the Armed Forces
    of Japan, Australia, and New Zealand" after "defense cooperation
    measures".
      1992 - Subsec. (d). Pub. L. 102-391, which directed the
    substitution of "(excluding salaries of the United States military
    personnel other than the Coast Guard)" for "(excluding salaries of
    the United States military personnel)", was executed by making the
    substitution for "(excluding salaries of United States military
    personnel)", to reflect the probable intent of Congress.
      1989 - Subsec. (d). Pub. L. 101-167 inserted "or the Arms Export
    Control Act" after "this part".
      Pub. L. 101-165 changed effective date from Oct. 1, 1982, to Oct.
    1, 1989, and provided that costs would exclude rather than include
    salaries of U.S. military personnel.
      1988 - Subsec. (c)(1). Pub. L. 100-690 inserted "Colombia," after
    "Honduras,".
      1985 - Subsec. (c)(1). Pub. L. 99-83 substituted "Pakistan,
    Tunisia, El Salvador, Honduras" for "For the fiscal year 1982 and
    the fiscal year 1983".
       1981 - Subsec. (a). Pub. L. 97-113 substituted provision
    authorizing the President to assign members of the Armed Forces of
    the United States to a foreign country to perform one or more
    enumerated functions for provision requiring specific Congressional
    authorization for military assistance groups, etc., to operate in a
    foreign country, with exception of regular units of the Armed
    Forces of the United States engaged in routine functions designed
    to bring about standardization of military operation and procedures
    between United States forces and defense treaty allies.
      Subsec. (b). Pub. L. 97-113 substituted provision directing that
    advisory and training assistance conducted by military personnel
    assigned under this section be kept to an absolute minimum for
    provision authorizing the President to assign military personnel
    under international security programs to Portugal, Spain, Jordan,
    the Philippines, the Republic of Korea, Panama, Greece, Turkey,
    Indonesia, Thailand, Morocco, Egypt, and Saudi Arabia to perform
    logistics management, transportation, fiscal management, and
    contract administration of country programs, designated the maximum
    number assignable, and provided for reimbursement from Saudi
    Arabia. See subsec. (a) of this section.
      Subsec. (c). Pub. L. 97-113 substituted provision designating the
    maximum number of personnel assignable, waiver of this limitation,
    and the procedures applicable for provision relating to assignment
    of military personnel to countries not specified in former subsec.
    (b) of this section for performance of accounting and other
    management functions, the maximum number assignable, and an
    exception to that number if the Chief of the Diplomatic Mission so
    requests.
      Subsec. (d). Pub. L. 97-113 substituted provision directing that,
    effective Oct. 1, 1982, the entire costs of overseas management of
    international security assistance programs be charged or reimbursed
    from funds made available to carry out this part, other than costs
    paid directly for defense services under section 2761(a) of this
    title or reimbursed from charges for services collected from
    foreign governments pursuant to sections 2761(e) and 2792(b) of
    this title, for provision that the maximum number of members of the
    Armed Forces assignable for fiscal year 1979 to all countries not
    exceed 790.
      Subsec. (e). Pub. L. 97-113 substituted "under this section" for
    "under subsection (b) or (c) of this section" and "to that country"
    for "in that country".
      Subsec. (f). Pub. L. 97-113 redesignated subsec. (h) as (f).
    Former subsec. (f), relating to performance of management functions
    by defense attache&233;'s if that President determined it was the
    most economic and efficient means of performing those functions,
    was struck out.
      Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which provided
    that the entire cost of overseas management of international
    security assistance programs under this section be charged or
    reimbursed from funds made available to carry out this part,
    including costs reimbursed from charges for services collected from
    foreign governments pursuant to sections 2761(e) and 2792(b) of
    this title, and that the prohibition of former subsec. (a) of this
    section and the numerical limitations of former subsecs. (b), (c),
    and (d) of this section not apply to Armed Forces members
    performing services for specific purposes and for fixed periods of
    time on a fully reimbursable basis under section 2761(a) of this
    title. See subsec. (d) of this section.
      Subsec. (h). Pub. L. 97-113 redesignated subsec. (h) as (f).
      1980 - Subsec. (b)(1). Pub. L. 96-533, Sec. 114(1), substituted
    "fiscal year 1981" for "fiscal year 1980", substituted "Portugal,
    Spain, Jordan, the Philippines," for "the countries specified in
    section 2312(a) of this title and in", authorized assignment of
    military personnel for programs in Egypt, and deleted from the list
    of countries eligible for such programs Iran and Kuwait.
      Subsec. (b)(3). Pub. L. 96-533, Sec. 114(2), substituted
    "assigned to Saudi Arabia" for "assigned to Iran, Kuwait, and Saudi
    Arabia", "assigned to such country" for "assigned to such
    countries" and "assigned to such country exceeds" for "assigned to
    each such country exceeds".
      Subsec. (f). Pub. L. 96-533, Sec. 114(3), substituted "may not
    exceed six more than the number of defense attache&233;s" for "may
    not exceed the number of defense attache&233;s" and "December 31,
    1979" for "December 31, 1978", and inserted "such countries and
    countries to which military personnel have been assigned pursuant
    to subsection (c) of this section" after "such countries".
      1979 - Subsec. (b)(1). Pub. L. 96-92, Sec. 7(1), substituted
    "fiscal year 1980" for "fiscal year 1979" and authorized assignment
    of military personnel for programs in Greece.
      Subsec. (f). Pub. L. 96-92, Sec. 7(2), substituted "December 31,
    1978" for "December 31, 1977".
      1978 - Subsec. (b)(1). Pub. L. 95-384, Sec. 9(a), substituted
    "fiscal year 1979" for "fiscal year 1978" and "Turkey, Indonesia,
    Thailand" for "Brazil".
      Subsec. (d). Pub. L. 95-384, Sec. 9(b), substituted ", including
    any such members serving on a reimbursable basis pursuant to
    subsection (b)(3) of this section, may not exceed 790 for the
    fiscal year 1979" for "may not exceed 865 for the fiscal year
    1978".
      Subsec. (f). Pub. L. 95-384, Sec. 9(c), substituted "December 31,
    1977, except that the President may assign an aggregate total of
    not to exceed eight additional defense attache&233;s to such
    countries in order to perform overseas management functions under
    this subsection" for "December 31, 1976".
      Subsec. (g). Pub. L. 95-384, Sec. 9(d), inserted "for fixed"
    after "for specific purposes and".
      Subsec. (h). Pub. L. 95-384, Sec. 9(e), added subsec. (h).
      1977 - Subsec. (a). Pub. L. 95-92 substituted provisions
    requiring specific Congressional authorization for a military
    assistance advisory group, etc., to operate in any foreign country
    and set forth exceptions to such requirement, for provisions
    authorizing deductions of expenditures from military assistance
    appropriations during the period beginning July 1, 1976, and ending
    Sept. 30, 1977, under section 2312 of this title where under this
    section reimbursement is requested by the expending government
    agency or if the available funds are deposited in the Treasury as
    miscellaneous receipts.
      Subsec. (b). Pub. L. 95-92 substituted provisions relating to
    assignment of military personnel to specified countries by
    President for implementation of management responsibilities during
    fiscal year 1978 under international security assistance programs,
    for provisions requiring specific Congressional authority for
    assignment of any military assistance advisory group, etc., to
    operate in any foreign country after Sept. 30, 1977, and provisions
    relating to assignment by the President of military personnel to
    diplomatic missions of the United States.
      Subsec. (c). Pub. L. 95-92 substituted provisions relating to
    assignment of military personnel to nonspecified countries by
    President for performance of accounting and other management
    functions under international security assistance programs, for
    provisions limiting after Sept. 30, 1976, the number of military
    missions and groups to not more than 34.
      Subsec. (d). Pub. L. 95-92 substituted provisions setting forth
    maximum number of military personnel assignable under subsecs. (b)
    and (c) of this section for fiscal year 1978 as 865, for provisions
    defining "military assistance advisory group, military mission, or
    other organization of United States military personnel performing
    similar military advisory functions under this chapter".
      Subsecs. (e) to (g). Pub. L. 95-92 added subsecs. (e) to (g).
      1976 - Subsec. (a). Pub. L. 94-329, Sec. 104(1), designated
    existing provisions as subsec. (a) and substituted "During the
    period beginning July 1, 1976, and ending September 30, 1977" for
    "Effective July 1, 1976".
      Subsecs. (b) to (d). Pub. L. 94-329, Sec. 104(2), added subsecs.
    (b) to (d).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      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
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 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 section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2321j                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321j. Authority to transfer excess defense articles

-STATUTE-
    (a) Authorization
      The President is authorized to transfer excess defense articles
    under this section to countries for which receipt of such articles
    was justified pursuant to the annual congressional presentation
    documents for military assistance programs, or for programs under
    part VIII of subchapter I of this chapter, submitted under section
    2394 of this title, or for which receipt of such articles was
    separately justified to the Congress, for the fiscal year in which
    the transfer is authorized.
    (b) Limitations on transfers
      (1) The President may transfer excess defense articles under this
    section only if - 
        (A) such articles are drawn from existing stocks of the
      Department of Defense;
        (B) funds available to the Department of Defense for the
      procurement of defense equipment are not expended in connection
      with the transfer;
        (C) the transfer of such articles will not have an adverse
      impact on the military readiness of the United States;
        (D) with respect to a proposed transfer of such articles on a
      grant basis, such a transfer is preferable to a transfer on a
      sales basis, after taking into account the potential proceeds
      from, and likelihood of, such sales, and the comparative foreign
      policy benefits that may accrue to the United States as the
      result of a transfer on either a grant or sales basis;
        (E) the President determines that the transfer of such articles
      will not have an adverse impact on the national technology and
      industrial base and, particularly, will not reduce the
      opportunities of entities in the national technology and
      industrial base to sell new or used equipment to the countries to
      which such articles are transferred; and
        (F) the transfer of such articles is consistent with the policy
      framework for the Eastern Mediterranean established under section
      2373 of this title.

      (2) Accordingly, for the four-year period beginning on October 1,
    1996, and thereafter for the four-period (!1) beginning on October
    1, 2000, the President shall ensure that excess defense articles
    offered to Greece and Turkey under this section will be made
    available consistent with the manner in which the President made
    available such excess defense articles during the four-year period
    that began on October 1, 1992, pursuant to section 573(e) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990.

    (c) Terms of transfers
      (1) No cost to recipient country
        Excess defense articles may be transferred under this section
      without cost to the recipient country.
      (2) Priority
        Notwithstanding any other provision of law, the delivery of
      excess defense articles under this section to member countries of
      the North Atlantic Treaty Organization (NATO) on the southern and
      southeastern flank of NATO, to major non-NATO allies on such
      southern and southeastern flank, and to the Philippines shall be
      given priority to the maximum extent feasible over the delivery
      of such excess defense articles to other countries.
    (d) Waiver of requirement for reimbursement of Department of
      Defense expenses
      Section 2392(d) of this title shall not apply with respect to
    transfers of excess defense articles (including transportation and
    related costs) under this section.
    (e) Transportation and related costs
      (1) In general
        Except as provided in paragraph (2), funds available to the
      Department of Defense may not be expended for crating, packing,
      handling, and transportation of excess defense articles
      transferred under the authority of this section.
      (2) Exception
        The President may provide for the transportation of excess
      defense articles without charge to a country for the costs of
      such transportation if - 
          (A) it is determined that it is in the national interest of
        the United States to do so;
          (B) the recipient is a developing country receiving less than
        $10,000,000 of assistance under part V of this subchapter
        (relating to international military education and training) or
        section 23 of the Arms Export Control Act (22 U.S.C. 2763;
        relating to the Foreign Military Financing program) in the
        fiscal year in which the transportation is provided;
          (C) the total weight of the transfer does not exceed 50,000
        pounds; and
          (D) such transportation is accomplished on a space available
        basis.
    (f) Advance notification to Congress for transfer of certain excess
      defense articles
      (1) In general
        The President may not transfer excess defense articles that are
      significant military equipment (as defined in section 47(9) of
      the Arms Export Control Act [22 U.S.C. 2794(9)]) or excess
      defense articles valued (in terms of original acquisition cost)
      at $7,000,000 or more, under this section or under the Arms
      Export Control Act (22 U.S.C. 2751 et seq.) until 30 days after
      the date on which the President has provided notice of the
      proposed transfer to the congressional committees specified in
      section 2394-1(a) of this title in accordance with procedures
      applicable to reprogramming notifications under that section.
      (2) Contents
        Such notification shall include - 
          (A) a statement outlining the purposes for which the article
        is being provided to the country, including whether such
        article has been previously provided to such country;
          (B) an assessment of the impact of the transfer on the
        military readiness of the United States;
          (C) an assessment of the impact of the transfer on the
        national technology and industrial base and, particularly, the
        impact on opportunities of entities in the national technology
        and industrial base to sell new or used equipment to the
        countries to which such articles are to be transferred; and
          (D) a statement describing the current value of such article
        and the value of such article at acquisition.
    (g) Aggregate annual limitation
      (1) In general
        The aggregate value of excess defense articles transferred to
      countries under this section in any fiscal year may not exceed
      $425,000,000.
      (2) Effective date
        The limitation contained in paragraph (1) shall apply only with
      respect to fiscal years beginning after fiscal year 1996.
    (h) Congressional presentation documents
      Documents described in subsection (a) of this section justifying
    the transfer of excess defense articles shall include an
    explanation of the general purposes of providing excess defense
    articles as well as a table which provides an aggregate annual
    total of transfers of excess defense articles in the preceding year
    by country in terms of offers and actual deliveries and in terms of
    acquisition cost and current value. Such table shall indicate
    whether such excess defense articles were provided on a grant or
    sale basis.
    (i) Excess Coast Guard property
      For purposes of this section, the term "excess defense articles"
    shall be deemed to include excess property of the Coast Guard, and
    the term "Department of Defense" shall be deemed, with respect to
    such excess property, to include the Coast Guard.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 516, as added Pub. L. 99-661, div. A,
    title XI, Sec. 1101, Nov. 14, 1986, 100 Stat. 3960; amended Pub. L.
    100-202, Sec. 101(b) [title VIII, Sec. 8143], Dec. 22, 1987, 101
    Stat. 1321-43, 1329-89; Pub. L. 101-189, div. A, title IX, Sec.
    934, Nov. 29, 1989, 103 Stat. 1538; Pub. L. 101-513, title V, Sec.
    589, Nov. 5, 1990, 104 Stat. 2057; Pub. L. 102-190, div. A, title
    X, Sec. 1049(a), Dec. 5, 1991, 105 Stat. 1469; Pub. L. 102-391,
    title V, Sec. 574, Oct. 6, 1992, 106 Stat. 1683; Pub. L. 102-484,
    div. A, title XIII, Sec. 1313, Oct. 23, 1992, 106 Stat. 2548; Pub.
    L. 103-160, div. A, title XI, Sec. 1182(c)(2), title XIV, Sec.
    1421, Nov. 30, 1993, 107 Stat. 1772, 1829; Pub. L. 103-236, title
    VII, Sec. 731(a), Apr. 30, 1994, 108 Stat. 502; Pub. L. 104-106,
    div. A, title X, Sec. 1012(g)(1), Feb. 10, 1996, 110 Stat. 422;
    Pub. L. 104-164, title I, Sec. 104(a), July 21, 1996, 110 Stat.
    1424; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
    Secs. 1211(b), 1213], Nov. 29, 1999, 113 Stat. 1536, 1501A-497,
    1501A-498; Pub. L. 106-280, title I, Sec. 122, Oct. 6, 2000, 114
    Stat. 851; Pub. L. 107-228, div. B, title XII, Sec. 1234, Sept. 30,
    2002, 116 Stat. 1433.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 573(e) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1990, referred to in subsec.
    (b)(2), is section 573(e) of Pub. L. 101-167, which is set out in a
    note below.
      The Arms Export Control Act, referred to in subsec. (f)(1), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2321j, Pub. L. 87-195, pt. II, Sec. 516, as added
    Pub. L. 94-329, title I, Sec. 105, June 30, 1976, 90 Stat. 732;
    amended Pub. L. 95-92, Secs. 5(b), 7(b), Aug. 4, 1977, 91 Stat.
    615, 617; Pub. L. 95-384, Sec. 7(b), Sept. 26, 1978, 92 Stat. 732;
    Pub. L. 96-92, Sec. 5(c), Oct. 29, 1979, 93 Stat. 703; Pub. L. 96-
    533, title I, Sec. 112(d), Dec. 16, 1980, 94 Stat. 3139, provided
    for termination of authorities contained in this part other than
    the authorities contained in sections 2318, 2321h, and 2321i of
    this title, prior to repeal by Pub. L. 97-113, title I, Sec.
    110(d), Dec. 29, 1981, 95 Stat. 1526.

                                AMENDMENTS                            
      2002 - Subsec. (c)(2). Pub. L. 107-228 substituted ", to major
    non-NATO allies on such southern and southeastern flank, and to the
    Philippines" for "and to major non-NATO allies on such southern and
    southeastern flank".
      2000 - Subsec. (e)(2)(C). Pub. L. 106-280 substituted "50,000"
    for "25,000".
      1999 - Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(7) [title
    XII, Sec. 1211(b)], inserted "and thereafter for the four-period
    beginning on October 1, 2000," after "October 1, 1996,".
      Subsec. (g)(1). Pub. L. 106-113, Sec. 1000(a)(7) [title XII, Sec.
    1213], substituted "$425,000,000" for "$350,000,000".
      1996 - Pub. L. 104-164 amended section generally, expanding
    geographic scope of President's authority to transfer excess
    defense articles, including Coast Guard property and permitting
    waiver of Department of Defense reimbursement, to any country for
    military assistance programs or international narcotics control, so
    long as such transfer is preferable to sale and is consistent
    within congressionally documented Eastern Mediterranean policy
    requirements, meets certain terms of transfer requirements
    including preference for NATO and non-NATO allies on southern
    flank, complies with advance notification to Congress for certain
    excess defense articles, and is within aggregate annual limitations
    of $350,000,000 in value, for provisions which authorized President
    to transfer excess defense articles to predominantly NATO countries
    on southern flank for purpose of modernization of their defense
    capabilities.
      Subsec. (g). Pub. L. 104-106 added subsec. (g) which prohibited
    certain transfers of vessels on a grant basis.
      1994 - Subsec. (b)(4). Pub. L. 103-236 added par. (4).
      1993 - Subsec. (a). Pub. L. 103-160, Sec. 1182(c)(2), made
    technical amendment to Pub. L. 102-484, Sec. 1313(2). See 1992
    Amendment note below.
      Subsec. (a)(3). Pub. L. 103-160, Sec. 1421, inserted "or fiscal
    year 1992" after "fiscal year 1991".
      1992 - Subsec. (a). Pub. L. 102-484, Sec. 1313(4), which directed
    the amendment of subsec. (a) by striking "and those countries which
    received Foreign Military Financing (FMF) assistance in fiscal year
    1990 and which, as of October 1, 1990, contributed armed forces to
    deter Iraqi aggression in the Arabian Gulf,", could not be executed
    because that language did not appear subsequent to amendment by
    Pub. L. 102-391. See below.
      Pub. L. 102-484, Sec. 1313(3), inserted "and (3) to those
    countries which, as of October 1, 1990, contributed armed forces to
    deter Iraqi aggression in the Arabian Gulf, and which either
    received Foreign Military Financing (FMF) assistance in fiscal year
    1990 or are in the Near East Region and received Foreign Military
    Financing (FMF) assistance in fiscal year 1991," after
    "southeastern flank of NATO which are eligible for United States
    security assistance,".
      Pub. L. 102-484, Sec. 1313(2), as amended by Pub. L. 103-160,
    Sec. 1182(c)(2), substituted "structure, (2)" for "structure, and".
      Pub. L. 102-484, Sec. 1313(1), inserted "(1)" after "may
    transfer".
      Pub. L. 102-391 repealed the amendment by Pub. L. 101-513. See
    1990 Amendment note below.
      1991 - Subsec. (a). Pub. L. 102-190, Sec. 1049(a)(1), struck out
    "during the fiscal years 1987 through 1991," before "the President
    may transfer".
      Subsec. (f). Pub. L. 102-190, Sec. 1049(a)(2), added subsec. (f).
      1990 - Subsec. (a). Pub. L. 101-513, which directed amendment of
    subsec. (a) by inserting "and those countries which received
    Foreign Military Financing (FMF) assistance in fiscal year 1990 and
    which, as of October 1, 1990, contributed armed forces to deter
    Iraqi aggression in the Arabian Gulf," after the second occurrence
    of the words "United States security assistance,", was repealed by
    Pub. L. 102-391. See 1992 Amendment note above.
      1989 - Subsec. (a). Pub. L. 101-189 substituted "during the
    fiscal years 1987 through 1991" for "during the fiscal years 1987,
    1988, and 1989" and inserted at end "Transfers to recipient
    countries under this subsection shall be consistent with the policy
    framework for the Eastern Mediterranean region established in
    section 2373 of this title."
      1987 - Subsec. (a). Pub. L. 100-202, Sec. 101(b) [title VIII,
    Sec. 8143(a), (b), (c)(1)], in first sentence substituted ", 1988,
    and 1989," for "and 1988", inserted ", and to major non-NATO allies
    on the southern and southeastern flank of NATO which are eligible
    for United States security assistance," after "military structure",
    and inserted "excess" before "defense articles", and in second
    sentence inserted "excess defense" before "articles".
      Subsec. (b). Pub. L. 100-202, Sec. 101(b) [title VIII, Sec.
    8143(c)(2)], in introductory text, inserted "excess" before
    "defense articles".
      Subsecs. (c), (d). Pub. L. 100-202, Sec. 101(b) [title VIII, Sec.
    8143(c)(2)], inserted "excess" before "defense articles".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 1012(g)(2) of Pub. L. 104-106 provided that: "The
    amendment made by paragraph (1) [amending this section] shall apply
    with respect to the transfer of a vessel on or after the date of
    the enactment of this Act [Feb. 10, 1996] (other than a vessel the
    transfer of which is authorized by subsection (a) [110 Stat. 421]
    or by law before the date of the enactment of this Act)."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 1182(c)(2) of Pub. L. 103-160 provided in part that the
    amendment made by that section is effective as of Oct. 23, 1992.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      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
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 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 section 2381 of this title.


-MISC2-
                   MEDITERRANEAN EXCESS DEFENSE ARTICLES               
      Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    535], Sept. 30, 1996, 110 Stat. 3009-121, 3009-153, provided that:
    "For the four-year period beginning on October 1, 1996, the
    President shall ensure that excess defense articles will be made
    available under section[s] 516 and 519 of the Foreign Assistance
    Act of 1961 [22 U.S.C. 2321j, 2321m] consistent with the manner in
    which the President made available excess defense articles under
    those sections during the four-year period that began on October 1,
    1992, pursuant to section 573(e) of the Foreign Operations, Export
    Financing, Related Programs Appropriations Act, 1990 [Pub. L. 101-
    167, set out below]."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 104-107, title V, Sec. 536, Feb. 12, 1996, 110 Stat. 735.

                      AVOIDING DUPLICATIVE AMENDMENTS                  
      Section 1049(b) of Pub. L. 102-190, which provided that if the
    International Cooperation Act of 1991 was enacted and made the same
    amendments to this section as did section 1049(a) of Pub. L. 102-
    190, then the duplicative amendments enacted by section 1049(a)
    would not take effect, was repealed by Pub. L. 102-484, div. A,
    title X, Sec. 1053(7), Oct. 23, 1992, 106 Stat. 2502.

        MODERNIZATION OF MILITARY CAPABILITIES OF CERTAIN COUNTRIES    
      Pub. L. 101-167, title V, Sec. 573, Nov. 21, 1989, 103 Stat.
    1246, as amended by Pub. L. 102-391, title V, Sec. 578(a), Oct. 6,
    1992, 106 Stat. 1685, provided that:
      "(a) Authority To Transfer Excess Defense Articles. - 
        "(1) NATO southern flank countries. - The President may
      transfer - 
          "(A) to any NATO southern flank country which is eligible for
        United States security assistance and which is integrated into
        NATO's military structure; and
          "(B) to any major non-NATO ally on the southern and
        southeastern flank of NATO which is eligible for United States
        security assistance, such excess defense articles as may be
        necessary to help modernize the defense capabilities of such
        country.
        "(2) Major illicit drug producing countries. - Subject to
      subsection (f), the President may transfer to any country - 
          "(A) which is a major illicit drug producing country,
          "(B) which has a democratic government, and
          "(C) whose armed forces do not engage in a consistent pattern
        of gross violations of internationally recognized human rights,
        such excess defense articles as may be necessary to carry out
        subsection (f)(1).
        "(3) Terms of transfers. - Excess defense articles may be
      transferred under this section without cost to the recipient
      country.
      "(b) Limitations on Transfers. - The President may transfer
    excess defense articles under this section only if - 
        "(1) they are drawn from existing stocks of the Department of
      Defense;
        "(2) funds available to the Department of Defense for the
      procurement of defense equipment are not expended in connection
      with the transfer; and
        "(3) the President determines that the transfer of the excess
      defense articles will not have an adverse impact on the military
      readiness of the United States.
      "(c) Notification to Congress. - 
        "(1) Advance notice. - The President may not transfer excess
      defense articles under this section until thirty days after the
      President has provided notice of the proposed transfer to the
      committees specified in paragraph (2). This notification shall
      include - 
          "(A) a certification of the need for the transfer;
          "(B) an assessment of the impact of the transfer on the
        military readiness of the United States; and
          "(C) the value of the excess defense articles to be
        transferred.
        "(2) Committees to be notified. - Notice shall be provided
      pursuant to paragraph (1) to the Committee on Foreign Affairs
      [now Committee on International Relations], and the Committee on
      Appropriations of the House of Representatives and the Committee
      on Armed Services, the Committee on Foreign Relations, and the
      Committee on Appropriations of the Senate.
      "(d) Waiver of Requirement for Reimbursement of DOD Expenses. -
    Section 632(d) of the Foreign Assistance Act of 1961 [22 U.S.C.
    2392(d)] does not apply with respect to transfers of excess defense
    articles under this section.
      "(e) Maintenance of Military Balance in Eastern Mediterranean. - 
        "(1) United states policy. - The Congress intends that excess
      defense articles be made available under this section consistent
      with the United States policy, established by section 841 of the
      International Cooperation Act of 1989 [probably means section 841
      of H.R. 2655, 101st Congress, which was not enacted], of
      maintaining the military balance in the Eastern Mediterranean.
        "(2) Maintenance of balance. - Accordingly, the President shall
      ensure that, over the four-year period beginning on October 1,
      1992, the ratio of - 
          "(A) the value of excess defense articles made available for
        Turkey under this section, to
          "(B) the value of excess defense articles made available for
        Greece under this section, closely approximates the ratio of - 
            "(i) the amount of foreign military financing provided for
          Turkey, to
            "(ii) the amount of foreign military financing provided for
          Greece.
        "(3) Exception to requirement. - This subsection shall not
      apply if either Greece or Turkey ceases to be eligible to receive
      excess defense articles under subsection (a).
      "(f) Major Illicit Drug Producing Countries in Latin America and
    the Caribbean. - 
        "(1) Purpose. - Excess defense articles shall be transferred
      under subsection (a)(2) for the purpose of encouraging the
      military forces of an eligible country in Latin America and the
      Caribbean to participate with local law enforcement agencies in a
      comprehensive national antinarcotics program, conceived and
      developed by the government of that country, by conducting
      activities within that country and on the high seas to prevent
      the production, processing, trafficking, transportation, and
      consumption of illicit narcotic or psychotrophic [sic] drugs or
      other controlled substances.
        "(2) Uses of excess defense articles. - Excess defense articles
      may be furnished to a country under subsection (a)(2) only if
      that country ensures that those excess defense articles will be
      used only in support of antinarcotics activities.
        "(3) Role of the secretary of state. - The Secretary of State
      shall determine the eligibility of countries to receive excess
      defense articles under subsection (a)(2) and insure that any
      transfer is coordinated with other antinarcotics enforcement
      programs assisted by the United States Government.
        "(4) Limitation. - The aggregate value of excess defense
      articles transferred to a country under subsection (a)(2) in any
      fiscal year may not exceed $10,000,000.
      "(g) Definitions. - As used in this section - 
        "(1) the term 'excess defense article' has the meaning given
      that term by section 644(g) [probably means section 644(g) of
      Pub. L. 87-195, which is classified to section 2403(g) of this
      title];
        "(2) the term 'made available' means that a good faith offer is
      made by the United States to furnish the excess defense articles
      to a country;
        "(3) the term 'major non-NATO ally' includes Australia, Egypt,
      Israel, Japan, and New Zealand;
        "(4) the term 'NATO' means the North Atlantic Treaty
      Organization; and
        "(5) the term 'NATO southern flank countries' means Greece,
      Italy, Portugal, Spain, and Turkey."
      [For delegation of functions of President under section 573 of
    Pub. L. 101-567, set out above, see Ex. Ord. No. 12163, Sept. 29,
    1979, 44 F.R. 56673, as amended, set out as a note under section
    2381 of this title.]
      Provisions similar to those appearing in section 573(e) of Pub.
    L. 101-167, set out above, were contained in the following prior
    appropriation acts:
      Pub. L. 100-461, title V, Sec. 569, Oct. 1, 1988, 102 Stat. 2268-
    43.
      Pub. L. 100-202, Sec. 101(e) [title V, Sec. 582], Dec. 22, 1987,
    101 Stat. 1329-131, 1329-182.

-FOOTNOTE-
    (!1) So in original. Probably should be "four-year period".


-End-



-CITE-
    22 USC Sec. 2321k                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2321k. Designation of major non-NATO allies

-STATUTE-
    (a) Notice to Congress
      The President shall notify the Congress in writing at least 30
    days before - 
        (1) designating a country as a major non-NATO ally for purposes
      of this chapter and the Arms Export Control Act (22 U.S.C. 2751
      et seq.); or
        (2) terminating such a designation.
    (b) Initial designations
      Australia, Egypt, Israel, Japan, the Republic of Korea, and New
    Zealand shall be deemed to have been so designated by the President
    as of the effective date of this section, and the President is not
    required to notify the Congress of such designation of those
    countries.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 517, as added Pub. L. 104-164, title
    I, Sec. 147(a)(1), July 21, 1996, 110 Stat. 1434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(1), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a)(1), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      The effective date of this section, referred to in subsec. (b),
    is July 21, 1996, the date of enactment of Pub. L. 104-164, which
    enacted this section.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2321k, Pub. L. 87-195, pt. II, Sec. 517, as added
    Pub. L. 101-231, Sec. 5, Dec. 13, 1989, 103 Stat. 1957; amended
    Pub. L. 101-623, Sec. 15, Nov. 21, 1990, 104 Stat. 3357; Pub. L.
    102-583, Sec. 9(a), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 103-236,
    title VII, Sec. 731(b), Apr. 30, 1994, 108 Stat. 502, related to
    modernization of counternarcotics capabilities of certain Latin
    America and Caribbean countries, prior to repeal by Pub. L. 104-
    164, title I, Sec. 104(b)(2)(B), July 21, 1996, 110 Stat. 1427.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
     TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE ARTICLES AND
                             DEFENSE SERVICES
      Pub. L. 107-228, div. B, title XII, Sec. 1206, Sept. 30, 2002,
    116 Stat. 1428, provided that: "Notwithstanding any other provision
    of law, for purposes of the transfer or possible transfer of
    defense articles or defense services under the Arms Export Control
    Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961
    (22 U.S.C. 2151 et seq.), or any other provision of law, Taiwan
    shall be treated as though it were designated a major non-NATO ally
    (as defined in section 644(q) of the Foreign Assistance Act of 1961
    (22 U.S.C. 2403(q))[)]."
      [For definitions of "defense article" and "defense service" as
    used in section 1206 of Pub. L. 107-228, set out above, see section
    1002 of Pub. L. 107-228, set out as a note under section 2151 of
    this title.]


-EXEC-
     PRESIDENTIAL DETERMINATIONS RELATING TO DESIGNATIONS OF COUNTRIES
                         AS MAJOR NON-NATO ALLIES
      The following Presidential Determinations designated the
    countries listed as major non-NATO allies of the United States for
    purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
    seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.):
      Determination No. 97-4, Nov. 12, 1996, 61 F.R. 59809. - Jordan.
      Determination No. 98-9, Jan. 6, 1998, 63 F.R. 3635. - Argentina.
      Determination No. 2002-10, Mar. 14, 2002, 67 F.R. 13247. -
    Bahrain.
      Determination No. 2004-02, Oct. 6, 2003, 68 F.R. 59855. -
    Philippines.
      Determination No. 2004-16, Dec. 30, 2003, 69 F.R. 2053. -
    Thailand.
      Determination No. 2004-21, Jan. 15, 2004, 69 F.R. 4843. - Kuwait.
      Determination No. 2004-35, June 3, 2004, 69 F.R. 34049. -
    Morocco.
      Determination No. 2004-37, June 16, 2004, 69 F.R. 38797. -
    Pakistan.

-End-



-CITE-
    22 USC Secs. 2321l to 2321n                                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Secs. 2321l to 2321n. Repealed.

-MISC1-
    Secs. 2321l to 2321n. Repealed. Pub. L. 104-164, title I, Sec.
      104(b)(2)(B), July 21, 1996, 110 Stat. 1427.
      Section 2321l, Pub. L. 87-195, pt. II, Sec. 518, as added Pub. L.
    101-513, title V, Sec. 533(f), Nov. 5, 1990, 104 Stat. 2015,
    authorized President to transfer nonlethal excess defense articles
    and small arms to friendly countries and to international
    organizations and private and voluntary organizations for
    preservation of endangered animal and plant species.
      Section 2321m, Pub. L. 87-195, pt. II, Sec. 519, as added Pub. L.
    101-513, title V, Sec. 596(b), Nov. 5, 1990, 104 Stat. 2061;
    amended Pub. L. 103-236, title VII, Sec. 731(c), Apr. 30, 1994, 108
    Stat. 502, authorized President to transfer to countries for whom
    foreign military financing program was justified such nonlethal
    excess defense articles as President determined necessary to help
    modernize defense capabilities of such countries.
      Section 2321n, Pub. L. 87-195, pt. II, Sec. 520, as added Pub. L.
    103-236, title IV, Sec. 408, Apr. 30, 1994, 108 Stat. 452,
    authorized President to transfer to international and regional
    organizations of which United States is a member such excess
    defense articles as President determined necessary to support and
    maintain international peacekeeping operations and security.

-End-



-CITE-
    22 USC Sec. 2322                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part II - Military Assistance

-HEAD-
    Sec. 2322. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. II, Sec. 521, formerly Sec. 514, as
    added Pub. L. 89-583, pt. II, Sec. 201(f), Sept. 19, 1966, 80 Stat.
    803; renumbered Sec. 521, Pub. L. 90-137, pt. II, Sec. 201(o)(1),
    Nov. 14, 1967, 81 Stat. 457, which related to administration of
    sales programs, was transferred to section 2341 of this title and
    subsequently repealed by Pub. L. 90-629, Sec. 45(a), Oct. 22, 1968,
    82 Stat. 1327.

-End-


-CITE-
    22 USC Part III - Foreign Military Sales                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part III - Foreign Military Sales

-HEAD-
                     PART III - FOREIGN MILITARY SALES                 

-End-



-CITE-
    22 USC Secs. 2341 to 2343                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part III - Foreign Military Sales

-HEAD-
    Secs. 2341 to 2343. Repealed.

-MISC1-
    Secs. 2341 to 2343. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a),
      Oct. 22, 1968, 82 Stat. 1327.
      Section 2341, Pub. L. 87-195, pt. II, Sec. 521, formerly Sec.
    514, as added Pub. L. 89-583, pt. II, Sec. 201(f), Sept. 19, 1966,
    80 Stat. 803; renumbered Sec. 521 and amended Pub. L. 90-137, pt.
    II, Sec. 201(o)(1), (3)-(7), Nov. 14, 1967, 81 Stat. 457, provided
    for administration of sales programs involving defense articles and
    services. Subsec. (a) related to encouragement of regional arms
    control and disarmament agreements and discouragement of arms
    races; reimbursable basis of acquisitions; domestic procurement;
    and considerations. Subsec. (b) related to limitation on military
    assistance and sales for American Republics; and inclusion of
    assistance to inter-American military force under control of
    Organization of American States. Subsec. (c) related to furnishing
    of defense articles and services; conditions; and report to
    Congress. For subject matter of subsecs. (a) to (c), see sections
    2751 and 2791, 2773, and 2753 of this title, respectively.
      Section 2342, Pub. L. 87-195, pt. II, Sec. 522, formerly Sec. 507
    (a), Sept. 4, 1961, 75 Stat. 437; amended Pub. L. 87-565, pt. II,
    Sec. 201(b), Aug. 1, 1962, 76 Stat. 259; Pub. L. 89-171, pt. II,
    Sec. 201(d)(1), Sept. 6, 1965, 79 Stat. 657; renumbered Sec. 522
    and amended Pub. L. 90-137, pt. II, Sec. 201(f), Nov. 14, 1967, 81
    Stat. 456, provided for sales of defense articles from stock and
    services, manner of payment, price of non-excess defense articles,
    and value of excess defense articles. See section 2761 of this
    title.
      Section 2343, Pub. L. 87-195, pt. II, Sec. 523, formerly Sec.
    507(b), Sept. 4, 1961, 75 Stat. 437; amended Pub. L. 87-565, pt.
    II, Sec. 201(c), Aug. 1, 1962, 76 Stat. 259; Pub. L. 88-633, pt.
    II, Sec. 201(c), Oct. 7, 1964, 78 Stat. 1011; Pub. L. 89-171, pt.
    II, Sec. 201(d)(2), Sept. 6, 1965, 79 Stat. 657; renumbered Sec.
    523 and amended Pub. L. 90-137, pt. II, Sec. 201(g), Nov. 14, 1967,
    81 Stat. 456, related to contracts for procurement for sales;
    undertakings; reimbursements; fixed-price sales agreements;
    prohibition against sales of articles available from commercial
    sources; and waiver of restrictions. See section 2762 of this
    title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1968, see section 41 of Pub. L. 90-629,
    set out as an Effective Date note under section 2751 of this title.

                             SAVINGS PROVISION                         
      Section 46 of Pub. L. 90-629 provided that: "Except as may be
    expressly provided to the contrary in this Act [see Short Title
    note set out under section 2751 of this title], all determinations,
    authorizations, regulations, orders, contracts, agreements, and
    other actions issued, undertaken, or entered into under authority
    of any provision of law repealed by section 45(a) [repealing
    sections 2341 to 2343, 2344(b)(3), 2345, 2394(g), and 2399a of this
    title] shall continue in full force and effect until modified by
    appropriate authority."

-End-



-CITE-
    22 USC Sec. 2344                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part III - Foreign Military Sales

-HEAD-
    Sec. 2344. Reimbursements

-STATUTE-
    (a) Separate fund account; transfers to such account
      Whenever funds made available for use under subchapter II of this
    chapter have been or are used to furnish military assistance on
    cash or credit terms, United States dollar repayments, including
    dollar proceeds derived from the sale of foreign currency
    repayments to any agency or program of the United States
    Government, receipts received from the disposition of evidences of
    indebtedness and charges (including fees and premiums) or interest
    collected shall be credited to a separate fund account, and shall
    be available until expended solely for the purpose of financing
    sales and guaranties, including the overhead costs thereof, and,
    notwithstanding any provision of law relating to receipts and
    credits accruing to the United States Government, repayments in
    foreign currency may be used to carry out subchapter II of this
    chapter. Such amounts of the appropriations made available under
    subchapter II of this chapter (including unliquidated balances of
    funds heretofore obligated for financing sales and guarantees) as
    may be determined by the President shall be transferred to, and
    merged with, the separate fund account.
    (b) Termination of account; special account for discharge of
      Federal liabilities and obligations; general fund for excess
      moneys
      (1) The special fund account established under subsection (a) of
    this section shall terminate as of the end of June 30, 1968, or on
    such earlier date as may be selected by the President.
      (2) Upon the termination of such fund account pursuant to
    paragraph (1), all of the assets of such fund account (including
    loans and other payments receivable) shall be transferred to a
    special account in the Treasury, which special account shall be
    available solely for the purpose of discharging outstanding
    liabilities and obligations of the United States arising out of
    credit sales agreements entered into, and guaranties issued, under
    subchapter II of this chapter prior to June 30, 1968. Any moneys in
    such special account in excess of the aggregate United States
    dollar amount of such liabilities and obligations shall be
    transferred from time to time to the general fund of the Treasury.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 524, formerly Sec. 508, Sept. 4,
    1961, 75 Stat. 437; Pub. L. 89-171, pt. II, Sec. 201(e), Sept. 6,
    1965, 79 Stat. 657; Pub. L. 89-583, pt. II, Sec. 201(c), Sept. 19,
    1966, 80 Stat. 803; renumbered Sec. 524 and amended Pub. L. 90-137,
    pt. II, Sec. 201(h), Nov. 14, 1967, 81 Stat. 456; Pub. L. 90-629,
    ch. 4, Sec. 45(a), Oct. 22, 1968, 82 Stat. 1327.)


-MISC1-
      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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2316 of this title.


-MISC2-
                                AMENDMENTS                            
      1968 - Subsec. (b)(3). Pub. L. 90-629 repealed provisions of par.
    (3) which related to appropriations for financing sales, dollar
    value payments, general fund for payments, and exempt transactions,
    and is now covered by section 2763 of this title.
      1967 - Pub. L. 90-137 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1966 - Pub. L. 89-583 provided for transfer to and merger with
    the separate fund account of such amounts of available
    appropriations (including unliquidated balances of funds heretofore
    obligated for financing sales and guarantees) as is determined by
    the President.
      1965 - Pub. L. 89-171 inserted "receipts received from the
    disposition of evidences of indebtedness and charges (including
    fees and premiums) or interest collected" and substituted "have
    been or are used" for "are used" and "financing sales and
    guaranties, including the overhead costs thereof" for "furnishing
    further military assistance on cash or credit terms."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-629 effective July 1, 1968, see section
    41 of Pub. L. 90-629, set out as an Effective Date note under
    section 2751 of this title.

                             SAVINGS PROVISION                         
      Determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued, undertaken, or entered into
    under authority of any provision of former subsec. (b)(3) of this
    section as continuing in full force and effect until modified by
    appropriate authority, see section 46 of Pub. L. 90-629, set out as
    a note under former section 2341 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
     INCREASES IN MILITARY ASSISTANCE PROGRAMS; REPORTS TO CONGRESS ON
                        PRESIDENTIAL DETERMINATIONS
      Pub. L. 91-194, title I, Sec. 100, Feb. 9, 1970, 84 Stat. 7, in
    part, limited increases in the military assistance program for any
    country to twenty per cent of the amount justified to Congress
    unless the President determined that such an increase was essential
    to the national interest of the United States and reported such
    determination to the Congress within thirty days after each such
    determination.
      Similar provisions were contained in Pub. L. 90-249, title I,
    Sec. 100, Jan. 2, 1968, 81 Stat. 937; Pub. L. 90-581, title I, Sec.
    100, Oct. 17, 1968, 82 Stat. 1138.

       EXPENDITURES BY UNDERDEVELOPED COUNTRIES FOR WEAPONS SYSTEMS;
              PRESIDENTIAL DETERMINATION; REPORT TO CONGRESS
      Pub. L. 91-194, title I, Sec. 119, Feb. 9, 1970, 84 Stat. 10,
    directed the President to withhold economic assistance in an amount
    equivalent to the amount spent by any underdeveloped country for
    the purchase of sophisticated weapons systems from any country
    other than certain enumerated countries, unless the President
    determined that such a purchase was important to the national
    security of the United States and reported such determination to
    Congress within thirty days after each such determination.
      Similar provisions were contained in Pub. L. 90-249, title I,
    Sec. 119, Jan. 2, 1968, 81 Stat. 940; Pub. L. 90-581, title I, Sec.
    119, Oct. 17, 1968, 82 Stat. 1141.

      ARMS RACES AND WEAPONS SYSTEMS RESTRAINTS; PROHIBITIONS AGAINST
    DIVERSION OF RESOURCES FOR ECONOMIC AND AGRICULTURAL DEVELOPMENT TO
                             MILITARY PURPOSES
      Pub. L. 91-194, title I, Sec. 120, Feb. 9, 1970, 84 Stat. 10,
    provided that:
      "(a) In order to restrain arms races and proliferation of
    sophisticated weapons, and to ensure that resources intended for
    economic development are not diverted to military purposes, the
    President shall take into account before furnishing development
    loans, Alliance loans, or supporting assistance to any country
    under this Act [Pub. L. 91-194], and before making sales under the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended [section 1691 et seq. of Title 7, Agriculture]:
        "(1) the percentage of the recipient or purchasing country's
      budget which is devoted to military purposes,
        "(2) the degree to which the recipient or purchasing country is
      using its foreign exchange resources to acquire military
      equipment; and
        "(3) the amount spent by the recipient or purchasing country
      for the purchase of sophisticated weapons systems, such as
      missile systems and jet aircraft for military purposes, from any
      country.
      "(b) The President shall report annually to the Speaker of the
    House of Representatives and the Committee on Foreign Relations of
    the Senate his actions in carrying out this provision."

-End-



-CITE-
    22 USC Sec. 2345                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part III - Foreign Military Sales

-HEAD-
    Sec. 2345. Repealed.

-MISC1-
    Sec. 2345. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22,
      1968, 82 Stat. 1327.
      Section, Pub. L. 87-195, pt. II, Sec. 525, formerly Secs. 503(e),
    509(b), as added Pub. L. 88-633, pt. II, Sec. 201(a), (d), Oct. 7,
    1964, 78 Stat. 1011; amended Pub. L. 89-171, pt. II, Sec. 201(f),
    Sept. 6, 1965, 79 Stat. 657; renumbered Sec. 525 and amended Pub.
    L. 90-137, pt. II, Sec. 201(b)(3), (i)(2), Nov. 14, 1967, 81 Stat.
    455, 457, provided for guaranties until June 30, 1968. See section
    2764 of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1968, see section 41 of Pub. L. 90-629,
    set out as an Effective Date note under section 2751 of this title.

                             SAVINGS PROVISION                         
      Determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued undertaken, or entered into
    under authority of any provision of former section 2345 of this
    title as continuing in full force and effect until modified by
    appropriate authority, see section 46 of Pub. L. 90-629, set out as
    a note under former section 2341 of this title.

-End-


-CITE-
    22 USC Part IV - Economic Support Fund                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
                      PART IV - ECONOMIC SUPPORT FUND                  

-End-



-CITE-
    22 USC Sec. 2346                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
    Sec. 2346. Authority

-STATUTE-
    (a) Policy requirements for assistance
      The Congress recognizes that, under special economic, political,
    or security conditions, the national interests of the United States
    may require economic support for countries or in amounts which
    could not be justified solely under part I of subchapter I of this
    chapter or, in the case of countries in sub-Saharan Africa, part X
    of subchapter I of this chapter. In such cases, the President is
    authorized to furnish assistance to countries and organizations, on
    such terms and conditions as he may determine, in order to promote
    economic or political stability. To the maximum extent feasible,
    the President shall provide assistance under this part consistent
    with the policy directions, purposes, and programs of subchapter I
    of this chapter.
    (b) Responsibility for policy decisions and justifications
      The Secretary of State shall be responsible for policy decisions
    and justifications for economic support programs under this part,
    including determinations of whether there will be an economic
    support program for a country and the amount of the program for
    each country. The Secretary shall exercise this responsibility in
    cooperation with the Administrator of the agency primarily
    responsible for administering subchapter I of this chapter.
    (c) Detailed justification for uses and purposes of funds
      As part of the annual presentation materials for foreign
    assistance submitted to the Congress, the agency primarily
    responsible for administering subchapter II of this chapter shall
    provide a detailed justification for the uses and the purposes of
    the funds provided under this part. Such material shall include,
    but not be limited to, information concerning the amounts and kinds
    of cash grant transfers, the amounts and kinds of budgetary and
    balance-of-payments support provided, and the amounts and kinds of
    project assistance provided with funds made available under this
    part.
    (d) Repealed. Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec.
      533(a)(5)], Oct. 21, 1998, 112 Stat. 2681-150, 2681-180
    (e) Availability of funds
      Amounts appropriated to carry out this part shall be available
    for economic programs only and may not be used for military or
    paramilitary purposes.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 531, as added Pub. L. 99-83, title
    II, Sec. 201(a), Aug. 8, 1985, 99 Stat. 210; amended Pub. L. 101-
    513, title V, Sec. 562(d)(8), Nov. 5, 1990, 104 Stat. 2031; Pub.
    L. 105-277, div. A, Sec. 101(d) [title V, Sec. 533(a)(5)], Oct. 21,
    1998, 112 Stat. 2681-150, 2681-180.)


-MISC1-
    REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE THIS AND CERTAIN OTHER
     PARTS OF SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO
                            EXCLUDE SUCH PARTS
      Pub. L. 92-226, pt. II, Sec. 202(b), Feb. 7, 1972, 86 Stat. 27,
    provided that: "Chapter 4 of part I of the Foreign Assistance Act
    of 1961 [part IV of subchapter I of this chapter (sections 2241 to
    2243 of this title)] is hereby repealed. References to such chapter
    [4 of part I of the Foreign Assistance Act of 1961 (former sections
    2241 to 2243 of this title)] or any sections thereof shall
    hereafter [on and after Feb. 7, 1972] be deemed to be references to
    chapter 4 of part II of the Foreign Assistance Act of 1961, as
    added by subsection (a) of this section [this part], or to
    appropriate sections thereof. All references to part I of the
    Foreign Assistance Act of 1961 [subchapter I of this chapter] shall
    hereafter be deemed to be references also to chapter 4 of part II
    [this part], and all references to part II of such Act [subchapter
    II of this chapter] shall be deemed not to include chapter 4 of
    such part II [this part]".
      References to subchapter I of this chapter are deemed to include
    parts VI (Sec. 2348 et seq.) and VIII (Sec. 2349aa et seq.) of
    subchapter II of this chapter, and references to subchapter II are
    deemed to exclude such parts. See sections 2348c and 2349aa-5 of
    this title.

            REFERENCE TO PART I DEEMED TO INCLUDE SECTION 2293        
      Reference to part I of subchapter I of this chapter deemed to
    include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

                             PRIOR PROVISIONS                         
      A prior section 2346, Pub. L. 87-195, pt. II, Sec. 531, as added
    Pub. L. 92-226, pt. II, Sec. 202(a), Feb. 7, 1972, 86 Stat. 26;
    amended Pub. L. 95-92, Sec. 8(a), Aug. 4, 1977, 91 Stat. 617; Pub.
    L. 95-384, Sec. 10(a), Sept. 26, 1978, 92 Stat. 733; 1979 Reorg.
    Plan No. 2, Sec. 6(b)(1), eff. Oct. 1, 1979, 44 F.R. 41166, 93
    Stat. 1379; Pub. L. 96-92, Sec. 8(a), Oct. 29, 1979, 93 Stat. 703;
    Pub. L. 96-533, title II, Sec. 201, Dec. 16, 1980, 94 Stat. 3142;
    Pub. L. 97-113, title II, Sec. 201, Dec. 29, 1981, 95 Stat. 1528,
    authorized President to furnish assistance to countries and
    organizations to promote economic or political stability, prior to
    repeal by Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99
    Stat. 210.

                                AMENDMENTS                            
      1998 - Subsec. (d). Pub. L. 105-277 struck out subsec. (d) which
    read as follows: "To the maximum extent feasible, funds made
    available pursuant to this part for commodity import programs or
    other program assistance shall be used to generate local
    currencies, not less than 50 percent of which shall be available to
    support activities consistent with the objectives of sections 2151a
    through 2151d of this title, and administered by the agency
    primarily responsible for administering subchapter I of this
    chapter."
      1990 - Subsec. (a). Pub. L. 101-513 inserted "or, in the case of
    countries in sub-Saharan Africa, part X of subchapter I of this
    chapter" after "part I of subchapter I of this chapter".

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                           ASSISTANCE TO LEBANON                       
      Pub. L. 107-228, div. B, title XII, Sec. 1224, Sept. 30, 2002,
    116 Stat. 1432, provided that:
      "(a) Prohibition. - Notwithstanding any other provision of law,
    $10,000,000 of the amounts made available for fiscal year 2003 or
    any subsequent fiscal year that are allocated for assistance to
    Lebanon under chapter 4 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2346 et seq.; relating to the economic support
    fund) may not be obligated unless and until the President certifies
    to the appropriate congressional committees that - 
        "(1) the armed forces of Lebanon have been deployed to the
      internationally recognized border between Lebanon and Israel; and
        "(2) the Government of Lebanon is effectively asserting its
      authority in the area in which such armed forces have been
      deployed.
      "(b) Requirement Relating to Funds Withheld. - Notwithstanding
    any other provision of law, any funds withheld pursuant to
    subsection (a) may not be programmed in order to be used for a
    purpose other than for assistance to Lebanon until the last month
    of the fiscal year in which the authority to obligate such funds
    lapses."
      [For definition of "appropriate congressional committees" as used
    in section 1224 of Pub. L. 107-228, set out above, see section 3 of
    Pub. L. 107-228, set out as a note under section 2651 of this
    title.]

                         ASSISTANCE TO AFGHANISTAN                     
      Pub. L. 99-83, title IX, Sec. 904, Aug. 8, 1985, 99 Stat. 268,
    provided that:
      "(a) Authorization. - The President may make available funds
    authorized to be appropriated to carry out chapter 4 of part II of
    the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.]
    (relating to the economic support fund) for the provision of food,
    medicine, or other humanitarian assistance to the Afghan people,
    notwithstanding any other provision of law.
      "(b) Earmarking of Funds. - Each fiscal year, not less than
    $15,000,000 of the aggregate amount of funds available to carry out
    chapter 4 of part II of the Foreign Assistance Act of 1961 shall be
    available only for humanitarian assistance to the Afghan people
    pursuant to subsection (a) of this section.
      "(c) Effective Dates. - This section shall take effect on the
    date of enactment of this Act [Aug. 8, 1985], except that
    subsection (b) shall not apply to fiscal year 1985."

    REPORTS ON ECONOMIC CONDITIONS PREVAILING IN EGYPT, ISRAEL, TURKEY,
                               AND PORTUGAL
      Pub. L. 99-83, title XII, Sec. 1205, Aug. 8, 1985, 99 Stat. 277,
    provided that:
      "(a) External Debt Burden of Certain Countries Receiving United
    States Assistance. - The Congress finds that the Governments of
    Egypt, Israel, Turkey, and Portugal each have an enormous external
    debt burden which may be made more difficult by virtue of financing
    provided for those governments under various United States
    assistance programs.
      "(b) Annual Reports on Economic Conditions. - In order to assist
    the Congress in examining United States assistance for these
    countries, the President shall report to Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate, not later than January 15 of each year,
    regarding economic conditions prevailing in Egypt, Israel, Turkey,
    and Portugal which may affect their respective ability to meet
    their international debt obligations and to stabilize their
    economies."
      [For delegation of functions of President under section 1205(b)
    of Pub. L. 99-83, set out above, see Ex. Ord. No. 12163, Sept. 29,
    1979, 44 F.R. 56673, as amended, set out as a note under section
    2381 of this title.]

       REFERENCES TO SECURITY SUPPORTING ASSISTANCE AS REFERENCES TO
         ASSISTANCE UNDER PART IV OF SUBCHAPTER II OF THIS CHAPTER
      Section 10(b)(6) of Pub. L. 95-384 provided that: "After
    September 30, 1978, any reference in any law to security supporting
    assistance shall be deemed to be a reference to assistance under
    chapter 4 of part II of the Foreign Assistance Act of 1961 [this
    part]."

             SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT         
      Section 9 of Pub. L. 95-92, as amended by Pub. L. 95-384, Sec.
    29(c)(2)(A), Sept. 26, 1978, 92 Stat. 747, provided that: "It is
    the sense of the Congress that the security supporting assistance
    program for Egypt plays an important role in the Middle East peace
    effort and that the Executive branch should concentrate its efforts
    in order to make the program a success."

-End-



-CITE-
    22 USC Sec. 2346a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
    Sec. 2346a. Authorizations of appropriations

-STATUTE-
    (a) Recipients and purposes of funds
      There are authorized to be appropriated to the President to carry
    out the purposes of this part - 
        (1) $2,015,000,000 for the fiscal year 1986 and $2,015,000,000
      for the fiscal year 1987 for the following countries signing the
      Camp David agreement: Israel and Egypt; and
        (2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000
      for the fiscal year 1987 for assistance under this part for
      recipients or purposes other than the countries referred to in
      paragraph (1).
    (b) Availability of amounts
      Amounts appropriated to carry out this part are authorized to
    remain available until expended.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 532, as added Pub. L. 99-83, title
    II, Sec. 201(a), Aug. 8, 1985, 99 Stat. 211.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2346a, Pub. L. 87-195, pt. II, 532, as added Pub.
    L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1529;
    amended Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat.
    970, earmarked specific funds for Israel and Egypt, prior to repeal
    by Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99 Stat.
    210.
      Another prior section 2346a, Pub. L. 87-195, pt. II, Sec. 532, as
    added Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.
    3142, related to Middle East programs and use of fiscal year funds,
    prior to repeal by Pub. L. 97-113, title II, Sec. 202, Dec. 29,
    1981, 95 Stat. 1529.
      Another prior section 2346a, Pub. L. 87-195, pt. II, Sec. 532, as
    added Pub. L. 92-226, pt. II, Sec. 202(a), Feb. 7, 1972, 86 Stat.
    26; amended Pub. L. 93-189, Sec. 13(1), Dec. 17, 1973, 87 Stat.
    722; Pub. L. 93-559, Sec. 18, Dec. 30, 1974, 88 Stat. 1800; Pub. L.
    94-329, title V, Sec. 501(a), June 30, 1976, 90 Stat. 762; Pub. L.
    95-92, Sec. 8(b), Aug. 4, 1977, 91 Stat. 617; Pub. L. 95-384, Sec.
    10(a), Sept. 26, 1978, 92 Stat. 733; Pub. L. 96-92, Sec. 8(b), Oct.
    29, 1979, 93 Stat. 703, related to Middle East program, providing
    policy requirements, availability of funds, amount of grants, and
    cash transfers, regional programs, comprehensive peace settlement
    and process of peace, and assistance to Syria, prior to repeal by
    Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat. 3142.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                TERMINATION OF ASSISTANCE PROGRAMS TO SYRIA            
      Pub. L. 98-164, title X, Sec. 1004, Nov. 22, 1983, 97 Stat. 1057,
    provided that:
      "(a) After the enactment of this section [Nov. 22, 1983], funds
    available to the Agency for International Development may not be
    used for any payment or reimbursement of any kind to the Government
    of Syria or for the delivery of any goods or services of any kind
    to the Government of Syria.
      "(b) The Administrator of the Agency for International
    Development shall deobligate all funds which have been obligated
    for Syria under the Foreign Assistance Act of 1961 [this chapter]
    prior to the enactment of this section [Nov. 22, 1983], except that
    - 
        "(1) such funds may continue to be used to finance the training
      or studies outside of Syria of students whose course of study
      began before the enactment of this section;
        "(2) the Administrator may adopt as a contract of the United
      States Government any contract with a United States or third-
      country contractor which would otherwise be terminated pursuant
      to this subsection, and may assume in whole or in part any
      liabilities arising under such contract, except that the
      authority provided by this paragraph may be exercised only to the
      extent that budget authority is available to meet the obligations
      of the United States under such contracts; and
        "(3) amounts certified pursuant to section 1311 of the
      Supplemental Appropriation Act, 1955 [31 U.S.C. 1108(c), 1501,
      1502(a)], as having been obligated for Syria under chapter 4 of
      part II of the Foreign Assistance Act of 1961 [this part] shall
      continue to be available until expended to meet necessary
      expenses arising from the termination of assistance programs for
      Syria pursuant to this subsection."
      Section 101(b)(1) of Pub. L. 98-151 provided that: "None of the
    funds heretofore appropriated or otherwise made available for Syria
    for the purposes of carrying out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961 [this part] shall be
    expended after the date of enactment of this joint resolution [Nov.
    14, 1983]. The Administrator of the Agency for International
    Development is directed to terminate the economic assistance
    program to Syria and to deobligate all funds heretofore obligated
    for assistance to Syria, except that such funds may continue to be
    available to finance the training or studies outside of Syria of
    students whose course of study or training program began before
    enactment of this joint resolution. The Administrator of the Agency
    for International Development is authorized to adopt as a contract
    of the United States Government, and assume any liabilities arising
    thereunder (in whole or in part), any contract with a United States
    contractor which had been funded by the Agency for International
    Development prior to the date of enactment of this joint
    resolution. Amounts certified pursuant to section 1311 of the
    Supplemental Appropriations Act, 1955 [31 U.S.C. 1108(c), 1501,
    1502(a)], as having been obligated against appropriations
    heretofore made pursuant to chapter 4 of part II of the Foreign
    Assistance Act of 1961 (and predecessor legislation) for Syria are
    hereby continued available until expended to meet necessary
    expenses arising from the termination under this subsection of
    assistance programs for Syria authorized by such chapter: Provided,
    That this shall not be construed as permitting payments or
    reimbursements of any kind to the Government of Syria."

          NEGOTIATIONS BETWEEN ISRAEL AND EGYPT; PROMOTION, ETC.      
      Section 28 of Pub. L. 95-384 provided that:
      "(a) The Congress finds that - 
        "(1) a lasting settlement of the Arab-Israel conflict is vital
      to United States national interests as well as to the interests
      of the countries of the region;
        "(2) support for a strong and secure Israel and the maintenance
      for this purpose of Israel's effective defense capabilities as
      essential to peace remains a fundamental tenet of United States
      foreign policy;
        "(3) direct, face-to-face negotiations between Israel and Egypt
      without preconditions is an historic opening for peace, and the
      support of such negotiations by other moderate Arab countries,
      can best promote a peace settlement based on mutual concessions
      and accommodations;
        "(4) the establishment of secure, recognized, and defensible
      borders between Israel and its neighbors will discourage
      hostilities; and
        "(5) full, normalized relations between Israel and its Arab
      neighbors, including trade, travel, tourism, communications, and
      diplomatic relations are vital for peace.
      "(b) It is the sense of the Congress that the Government of the
    United States should continue to promote direct negotiations
    between Israel and Egypt and to encourage other Arab countries to
    enter into negotiations leading to peace treaties with Israel.
      "(c) It is further the sense of the Congress that the United
    States should be responsive to Israel's economic needs and defense
    requirements, including the provision of additional advanced
    aircraft, in order to maintain Israel's defense capability which is
    essential to peace."

-End-



-CITE-
    22 USC Sec. 2346b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
    Sec. 2346b. Emergency assistance

-STATUTE-
      (a) Of the funds appropriated to carry out this part, up to
    $75,000,000 for the fiscal year 1986 and up to $75,000,000 for the
    fiscal year 1987 may be made available for emergency use under this
    part when the national interests of the United States urgently
    require economic support to promote economic or political
    stability.
      (b) Notwithstanding any provision of this part or of an
    appropriations Act (including a joint resolution making continuing
    appropriations) which earmarks funds available to carry out this
    part for a specific country or purpose, up to 5 percent of each
    amount so earmarked may be used to carry out this section.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 533, formerly Sec. 535, as added Pub.
    L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1530;
    renumbered Sec. 533 and amended Pub. L. 99-83, title II, Sec.
    201(b), Aug. 8, 1985, 99 Stat. 211.)

-COD-
                               CODIFICATION                           
      Section was classified to section 2346d of this title prior to
    renumbering by Pub. L. 99-83.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as added
    Pub. L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1530,
    related to grants for eastern Mediterranean programs, prior to
    repeal by Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99
    Stat. 210.
      Another prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as
    added Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.
    3143, related to Central American economic support, prior to repeal
    by Pub. L. 97-113, Sec. 202, Dec. 29, 1981, 95 Stat. 1529.
      Another prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as
    added Pub. L. 95-92, Sec. 8(c), Aug. 4, 1977, 91 Stat. 618; amended
    Pub. L. 95-384, Sec. 10(a), Sept. 26, 1978, 92 Stat. 735; Pub. L.
    96-92, Sec. 8(c), Oct. 29, 1979, 93 Stat. 704, provided for a
    Southern Africa economic support program, including availability of
    funds and assistance requirements and limitations, prior to repeal
    by Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.
    3142.
      Another prior section 2346b, Pub. L. 87-195, pt. II, Sec. 533, as
    added Pub. L. 92-226, pt. II, Sec. 202(a), Feb. 7, 1972, 86 Stat.
    27, provided for a Vietnam special dollar account for coverage of
    United States refund claims, amount in account, and maintenance of
    dollar level, prior to repeal by Pub. L. 93-189, Sec. 13(2), Dec.
    17, 1973, 87 Stat. 722.

                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-83, Sec. 202(b)(1), substituted
    "1986" and "1987" for "1982" and "1983", respectively.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

-End-



-CITE-
    22 USC Sec. 2346c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
    Sec. 2346c. Administration of justice

-STATUTE-
    (a) Authorization of assistance; purposes
      The President may furnish assistance under this part to countries
    and organizations, including national and regional institutions, in
    order to strengthen the administration of justice in countries in
    Latin America and the Caribbean.
    (b) Scope of assistance
      Assistance under this section may only include - 
        (1) support for specialized professional training,
      scholarships, and exchanges for continuing legal education;
        (2) programs to enhance prosecutorial and judicial capabilities
      and protection for participants in judicial cases;
        (3) notwithstanding section 2420 of this title - 
          (A) programs to enhance professional capabilities to carry
        out investigative and forensic functions conducted under
        judicial or prosecutorial control;
          (B) programs to assist in the development of academic
        instruction and curricula for training law enforcement
        personnel;
          (C) programs to improve the administrative and management
        capabilities of law enforcement agencies, especially their
        capabilities relating to career development, personnel
        evaluation, and internal discipline procedures; and
          (D) programs, conducted through multilateral or regional
        institutions, to improve penal institutions and the
        rehabilitation of offenders;

        (4) strengthening professional organizations in order to
      promote services to members and the role of the bar in judicial
      selection, enforcement of ethical standards, and legal reform;
        (5) increasing the availability of legal materials and
      publications;
        (6) seminars, conferences, and training and educational
      programs to improve the administration of justice and to
      strengthen respect for the rule of law and internationally
      recognized human rights; and
        (7) revision and modernization of legal codes and procedures.
    (c) Availability of funds
      Not more than $20,000,000 of the funds made available to carry
    out this part for any fiscal year shall be available to carry out
    this section, in addition to amounts otherwise available for such
    purposes.
    (d) Obligation of funds
      Funds may not be obligated for assistance under this section
    unless the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate are notified of the amount and nature of the proposed
    assistance at least 15 days in advance in accordance with the
    procedures applicable to reprogrammings pursuant to section 2394-1
    of this title.
    (e) Participation of Defense personnel in training prohibited;
      availability of funds; expiration of authority
      Personnel of the Department of Defense and members of the United
    States Armed Forces may not participate in the provision of
    training under this section. Of the funds made available to carry
    out this section, not more than $10,000,000 may be made available
    in fiscal year 1991 to carry out the provisions of subsection
    (b)(3) of this section. The authority of this section shall expire
    on September 30, 1991.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 534, as added Pub. L. 99-83, title
    VII, Sec. 712, Aug. 8, 1985, 99 Stat. 244; amended Pub. L. 100-202,
    Sec. 101(e) [title V, Sec. 579], Dec. 22, 1987, 101 Stat. 1329-131,
    1329-181; Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1206;
    Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1990; Pub. L.
    101-623, Sec. 2(b)(6), Nov. 21, 1990, 104 Stat. 3351.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2346c, Pub. L. 87-195, pt. II, Sec. 534, as added
    Pub. L. 97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1530,
    prohibited the use of funds for nuclear facilities in foreign
    countries except under certain circumstances, prior to repeal by
    Pub. L. 99-83, title II, Sec. 201(a), Aug. 8, 1985, 99 Stat. 210.
      Another prior section 2346c, Pub. L. 87-195, pt. II, Sec. 534, as
    added Pub. L. 95-384, Sec. 10(a), Sept. 26, 1978, 92 Stat. 735;
    amended Pub. L. 96-92, Sec. 8(d), Oct. 29, 1979, 93 Stat. 704,
    provided economic support for Turkey and Cyprus in amounts of
    $98,000,000 and $15,000,000 for fiscal year 1980, prior to repeal
    by Pub. L. 96-533, title II, Sec. 202, Dec. 16, 1980, 94 Stat.
    3142.

                                AMENDMENTS                            
      1990 - Subsec. (e). Pub. L. 101-623, Sec. 2(b)(6)(A), which
    directed the substitution of "$10,000,000 may be made available in
    fiscal year 1991" for "$7,000,000 may be made available in fiscal
    year 1990", was executed by making the substitution for "$7,000,000
    may be made available in fiscal year 1991" to reflect the probable
    intent of Congress and the intervening substitution of "fiscal year
    1991" for "fiscal year 1990" by Pub. L. 101-513. See below.
      Pub. L. 101-623, Sec. 2(b)(6)(B), and Pub. L. 101-513, amended
    subsec. (e) identically, substituting "September 30, 1991" for
    "September 30, 1990".
      Pub. L. 101-513 substituted "fiscal year 1991" for "fiscal year
    1990".
      1989 - Subsec. (e). Pub. L. 101-167 substituted "fiscal year
    1990" for "each of fiscal years 1988 and 1989" and "September 30,
    1990" for "September 30, 1989".
      1987 - Subsec. (b)(3). Pub. L. 100-202, Sec. 101(e) [title V,
    Sec. 579(a)], amended par. (3) generally. Prior to amendment, par.
    (3) read as follows: "notwithstanding section 2420 of this title,
    programs to enhance investigative capabilities, conducted under
    judicial or prosecutorial control;".
      Subsec. (e). Pub. L. 100-202, Sec. 101(e) [title V, Sec. 579(b)],
    amended subsec. (e) generally. Prior to amendment, subsec. (e) read
    as follows: "The authority of this section shall expire on
    September 30, 1987."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                   ADMINISTRATION OF JUSTICE ACTIVITIES               
      Pub. L. 108-199, div. D, title V, Sec. 536, Jan. 23, 2004, 118
    Stat. 183, provided that: "Of the funds appropriated or otherwise
    made available by this Act or any subsequent Act for 'Economic
    Support Fund', assistance may be provided to strengthen the
    administration of justice in countries in Latin America and the
    Caribbean and in other regions consistent with the provisions of
    section 534(b) of the Foreign Assistance Act of 1961 [22 U.S.C.
    2346c(b)], except that programs to enhance protection of
    participants in judicial cases may be conducted notwithstanding
    section 660 of that Act [22 U.S.C. 2420]. Funds made available
    pursuant to this section may be made available notwithstanding
    section 534(c) and the second and third sentences of section 534(e)
    of the Foreign Assistance Act of 1961 [22 U.S.C. 2346c(c), (e)]."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-7, div. E, title V, Sec. 536, Feb. 20, 2003, 117
    Stat. 195.
      Pub. L. 107-115, title V, Sec. 536, Jan. 10, 2002, 115 Stat.
    2152.
      Pub. L. 106-429, Sec. 101(a) [title V, Sec. 540], Nov. 6, 2000,
    114 Stat. 1900, 1900A-37.
      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 540],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-95.
      Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 542], Oct.
    21, 1998, 112 Stat. 2681-150, 2681-184.
      Pub. L. 105-118, title V, Sec. 541, Nov. 26, 1997, 111 Stat.
    2418.
      Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    543], Sept. 30, 1996, 110 Stat. 3009-121, 3009-157.
      Pub. L. 104-107, title V, Sec. 543, Feb. 12, 1996, 110 Stat. 739.
      Pub. L. 103-306, title V, Sec. 549(a), (c), Aug. 23, 1994, 108
    Stat. 1643, 1644.
      Pub. L. 103-87, title V, Sec. 551(a)(1), (b), Sept. 30, 1993, 107
    Stat. 962.
      Pub. L. 102-391, title V, Sec. 588(a)(1), (b), Oct. 6, 1992, 106
    Stat. 1689, 1690.

                           ANTI-NARCOTICS UPDATE                       
      Pub. L. 102-145, Sec. 124, as added by Pub. L. 102-266, Sec. 102,
    Apr. 1, 1992, 106 Stat. 97, provided that: "The program authorized
    by section 534 of the Foreign Assistance Act of 1961 [22 U.S.C.
    2346c] may continue from funds appropriated by this joint
    resolution for foreign operations, export financing, and related
    programs, notwithstanding the last sentence of section 534(e) of
    that Act: Provided, That such programs may include the protection
    of participants in judicial cases, notwithstanding section 660 of
    that Act [22 U.S.C. 2420]: Provided further, That, notwithstanding
    sections 534(c) and 660 of that Act, (1) up to $10,000,000 to
    provide support for a professional civilian police force for
    Panama, except that such assistance shall not include more than
    $5,000,000 for the procurement of equipment for law enforcement
    purposes, and shall not include lethal equipment, and (2) up to
    $16,000,000 for Bolivia, Colombia, and Peru."

-End-



-CITE-
    22 USC Sec. 2346d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
    Sec. 2346d. Repealed.

-MISC1-
    Sec. 2346d. Repealed. Pub. L. 103-149, Sec. 4(a)(3)(B), Nov. 23,
      1993, 107 Stat. 1505.
      Section, Pub. L. 87-195, pt. II, Sec. 535, as added Pub. L. 99-
    440, title V, Sec. 511(a), Oct. 2, 1986, 100 Stat. 1111; amended
    Pub. L. 99-631, Sec. 1(b)(3), Nov. 7, 1986, 100 Stat. 3519, related
    to economic support for disadvantaged South Africans.

-End-



-CITE-
    22 USC Secs. 2346e to 2346i                                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IV - Economic Support Fund

-HEAD-
    Secs. 2346e to 2346i. Repealed.

-MISC1-
    Secs. 2346e to 2346i. Repealed. Pub. L. 99-83, title II, Sec.
      201(a), Aug. 8, 1985, 99 Stat. 210.
      Section 2346e, Pub. L. 87-195, pt. II, Sec. 536, as added Pub. L.
    97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related
    to special requirements fund.
      A prior section 2346e, Pub. L. 87-195, pt. II, Sec. 536, as added
    Pub. L. 96-257, Sec. 2, May 31, 1980, 94 Stat. 422, provided for
    Central American economic support for fiscal year 1980, in amount
    of $80,000,000, prior to repeal by Pub. L. 96-533, title II, Sec.
    202, Dec. 16, 1980, 94 Stat. 3142.
      Section 2346f, Pub. L. 87-195, pt. II, Sec. 537, as added Pub. L.
    97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related
    to programs for Tunisia.
      Section 2346g, Pub. L. 87-195, pt. II, Sec. 538, as added Pub. L.
    97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related
    to programs for Costa Rica.
      Section 2346h, Pub. L. 87-195, pt. II, Sec. 539, as added Pub. L.
    97-113, title II, Sec. 202, Dec. 29, 1981, 95 Stat. 1531, related
    to programs for Nicaragua.
      Section 2346i, Pub. L. 87-195, pt. II, Sec. 540, as added Pub. L.
    97-113, title VII, Sec. 708(c), Dec. 29, 1981, 95 Stat. 1546,
    related to programs for Poland.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,
    set out as an Effective Date of 1985 Amendment note under section
    2151-1 of this title.

-End-


-CITE-
    22 USC Part V - International Military Education and
                     Training                              01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
          PART V - INTERNATIONAL MILITARY EDUCATION AND TRAINING      

-End-



-CITE-
    22 USC Sec. 2347                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347. General authority

-STATUTE-
      (a) The President is authorized to furnish, on such terms and
    conditions consistent with this chapter as the President may
    determine (but whenever feasible on a reimbursable basis), military
    education and training to military and related civilian personnel
    of foreign countries. Such civilian personnel shall include foreign
    governmental personnel of ministries other than ministries of
    defense, and may also include legislators and individuals who are
    not members of the government, if the military education and
    training would (i) contribute to responsible defense resource
    management, (ii) foster greater respect for and understanding of
    the principle of civilian control of the military, (iii) contribute
    to cooperation between military and law enforcement personnel with
    respect to counternarcotics law enforcement efforts, or (iv)
    improve military justice systems and procedures in accordance with
    internationally recognized human rights. Such training and
    education may be provided through - 
        (1) attendance at military educational and training facilities
      in the United States (other than Service academies) and abroad;
        (2) attendance in special courses of instruction at schools and
      institutions of learning or research in the United States and
      abroad; and
        (3) observation and orientation visits to military facilities
      and related activities in the United States and abroad.
      (b) The President shall seek reimbursement for military education
    and training furnished under this part from countries using
    assistance under section 2763 of this title (relating to the
    Foreign Military Financing Program) to purchase such military
    education and training at a rate comparable to the rate charged to
    countries receiving grant assistance for military education and
    training under this part.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 541, as added Pub. L. 94-329, title
    I, Sec. 106(a), June 30, 1976, 90 Stat. 732; amended Pub. L. 101-
    513, title III, Nov. 5, 1990, 104 Stat. 1997; Pub. L. 102-583,
    Sec. 10, Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104-164, title I,
    Sec. 112(a), July 21, 1996, 110 Stat. 1427; Pub. L. 109-102, title
    V, Sec. 534(l)(3), Nov. 14, 2005, 119 Stat. 2211.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-102 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1996 - Pub. L. 104-164 inserted "and individuals who are not
    members of the government" after "legislators" in second sentence
    of introductory provisions.
      1992 - Pub. L. 102-583, in introductory provisions, inserted ",
    and may also include legislators," after "ministries of defense"
    and substituted "(iii) contribute to cooperation between military
    and law enforcement personnel with respect to counternarcotics law
    enforcement efforts, or (iv)" for "or (iii)".
      1990 - Pub. L. 101-513 inserted after first sentence "Such
    civilian personnel shall include foreign governmental personnel of
    ministries other than ministries of defense if the military
    education and training would (i) contribute to responsible defense
    resource management, (ii) foster greater respect for and
    understanding of the principle of civilian control of the military,
    or (iii) improve military justice systems and procedures in
    accordance with internationally recognized human rights."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
         FUNDS MADE AVAILABLE PURSUANT TO OTHER PROVISIONS OF LAW     
      Section 106(d) of Pub. L. 94-329 provided that: "Funds made
    available pursuant to other provisions of law for foreign military
    educational and training activities shall remain available for
    obligation and expenditure for their original purposes in
    accordance with the provisions of law originally applicable to
    those purposes or in accordance with the provisions of law
    currently applicable to those purposes."

-End-



-CITE-
    22 USC Sec. 2347a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347a. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the President to carry
    out the purposes of this part $56,221,000 for fiscal year 1986 and
    $56,221,000 for fiscal year 1987.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 542, as added Pub. L. 94-329, title
    I, Sec. 106(a), June 30, 1976, 90 Stat. 732; amended Pub. L. 95-92,
    Sec. 10, Aug. 4, 1977, 91 Stat. 619; Pub. L. 95-384, Sec. 11(a),
    Sept. 26, 1978, 92 Stat. 736; Pub. L. 96-92, Sec. 9, Oct. 29, 1979,
    93 Stat. 705; Pub. L. 96-533, title I, Sec. 115(a), Dec. 16, 1980,
    94 Stat. 3140; Pub. L. 97-113, title I, Sec. 113, title VII, Sec.
    734(a)(1), Dec. 29, 1981, 95 Stat. 1528, 1560; Pub. L. 99-83, title
    I, Sec. 104, Aug. 8, 1985, 99 Stat. 195.)


-MISC1-
                                AMENDMENTS                            
      1985 - Pub. L. 99-83 amended section generally, substituting
    provisions authorizing appropriations of $56,221,000 for fiscal
    years 1986 and 1987, for provisions authorizing appropriations of
    $42,000,000 for fiscal years 1982 and 1983.
      1981 - Pub. L. 97-113, Secs. 113, 734(a)(1), substituted
    appropriations authorization of $42,000,000 for fiscal years 1982
    and 1983 for appropriation of $34,000,000 for fiscal year 1981 and
    deleted prohibition against any training after June 30, 1976,
    outside the United States without a prior Presidential report to
    the Speaker of the House and the Senate Foreign Relations Committee
    and justification for the training.
      1980 - Pub. L. 96-533 substituted appropriations authorization of
    $34,000,000 for fiscal year 1981 for authorization of $31,800,000
    for fiscal year 1980, including prohibition against availability of
    any amount for Inter-American regional programs unless the foreign
    country participants collectively contribute an equivalent amount
    to carry out the programs.
      1979 - Pub. L. 96-92 substituted appropriations authorization of
    $31,800,000 for fiscal year 1980, for identical authorization for
    fiscal year 1979, and required collective contribution of an
    equivalent amount by the foreign countries participating in Inter-
    American regional programs before such amount became available
    from the appropriation for such programs.
      1978 - Pub. L. 95-384 substituted "$31,800,000 for the fiscal
    year 1979" for "$31,000,000 for the fiscal year 1978".
      1977 - Pub. L. 95-92 substituted "$31,000,000 for the fiscal year
    1978" for "$27,000,000 for the fiscal year 1976 and $30,200,000 for
    the fiscal year 1977".

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2347b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347b. Congressional declaration of purpose

-STATUTE-
      Education and training activities conducted under this part shall
    be designed - 
        (1) to encourage effective and mutually beneficial relations
      and increased understanding between the United States and foreign
      countries in furtherance of the goals of international peace and
      security;
        (2) to improve the ability of participating foreign countries
      to utilize their resources, including defense articles and
      defense services obtained by them from the United States, with
      maximum effectiveness, thereby contributing to greater self-
      reliance by such countries; and
        (3) to increase the awareness of nationals of foreign countries
      participating in such activities of basic issues involving
      internationally recognized human rights.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 543, as added Pub. L. 94-329, title
    I, Sec. 106(a), June 30, 1976, 90 Stat. 733; amended Pub. L. 95-
    384, Sec. 11(b), Sept. 26, 1978, 92 Stat. 736.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-384 added par. (3).

-End-



-CITE-
    22 USC Sec. 2347c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347c. Exchange training; reciprocity agreement

-STATUTE-
    (a) Attendance of foreign military personnel at professional
      military education institutions
      In carrying out this part, the President is authorized to provide
    for attendance of foreign military personnel at professional
    military education institutions in the United States (other than
    service academies) without charge, and without charge to funds
    available to carry out this part (notwithstanding section 2392(d)
    of this title), if such attendance is pursuant to an agreement
    providing for the exchange of students on a one-for-one, reciprocal
    basis each fiscal year between those United States professional
    military education institutions and comparable institutions of
    foreign countries and international organizations.
    (b) Attendance of foreign military and civilian defense personnel
      at flight training schools and programs
      The President may provide for the attendance of foreign military
    and civilian defense personnel at flight training schools and
    programs (including test pilot schools) in the United States
    without charge, and without charge to funds available to carry out
    this part (notwithstanding section 2392(d) of this title), if such
    attendance is pursuant to an agreement providing for the exchange
    of students on a one-for-one basis each fiscal year between those
    United States flight training schools and programs (including test
    pilot schools) and comparable flight training schools and programs
    of foreign countries.
    (c) Post-undergraduate flying training and tactical leadership
      programs at training locations in Southwest Asia
      (1) The President is authorized to enter into cooperative
    arrangements providing for the participation of foreign and United
    States military and civilian defense personnel in post-
    undergraduate flying training and tactical leadership programs at
    training locations in Southwest Asia without charge to
    participating foreign countries, and without charge to funds
    available to carry out this part (notwithstanding section 2392(d)
    of this title). Such training must satisfy common requirements with
    the United States for post-undergraduate flying and tactical
    leadership training.
      (2) Cooperative arrangements under this subsection shall require
    an equitable contribution of support and services from each
    participating country. The President may waive the requirement for
    an equitable contribution of a participating foreign country if he
    determines that to do so is important to the national security
    interests of the United States.
      (3) Costs incurred by the United States shall be charged to the
    current applicable appropriations accounts or funds of the
    participating United States Government agencies.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 544, as added Pub. L. 99-83, title I,
    Sec. 126, Aug. 8, 1985, 99 Stat. 205; amended Pub. L. 104-164,
    title I, Sec. 112(b), July 21, 1996, 110 Stat. 1427; Pub. L. 107-
    228, div. B, title XII, Sec. 1213, Sept. 30, 2002, 116 Stat.
    1429.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-228 added subsec. (c).
      1996 - Pub. L. 104-164 designated existing provisions as subsec.
    (a) and added subsec. (b).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
      AUTHORITY FOR EXCHANGE TRAINING THROUGH SPECIFIED PROFESSIONAL
           MILITARY EDUCATION INSTITUTION OUTSIDE UNITED STATES
      Pub. L. 101-189, div. A, title IX, Sec. 935, Nov. 29, 1989, 103
    Stat. 1538, provided that:
      "(a) Authority. - The United States Army Russian Institute in
    Garmisch-Partenkirchen, Federal Republic of Germany, shall be
    treated for purposes of section 544 of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2347c) as if it were located in the United
    States.
      "(b) Expiration of Authority. - Subsection (a) shall cease to be
    in effect upon the enactment in foreign assistance authorizing
    legislation of an amendment to section 544 of the Foreign
    Assistance Act of 1961 that provides the same authority as is
    provided by subsection (a)."

-End-



-CITE-
    22 USC Sec. 2347d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347d. Training in maritime skills

-STATUTE-
      The President is encouraged to allocate a portion of the funds
    made available each fiscal year to carry out this part for use in
    providing education and training in maritime search and rescue,
    operation and maintenance of aids to navigation, port security, at-
    sea law enforcement, international maritime law, and general
    maritime skills.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 545, as added Pub. L. 99-83, title I,
    Sec. 127(a), Aug. 8, 1985, 99 Stat. 205.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2347e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347e. Prohibition on grant assistance for certain high income
      foreign countries

-STATUTE-
    (a) In general
      None of the funds made available for a fiscal year for assistance
    under this part may be made available for assistance on a grant
    basis for any of the high-income foreign countries described in
    subsection (b) of this section for military education and training
    of military and related civilian personnel of such country.
    (b) High-income foreign countries described
      The high-income foreign countries described in this subsection
    are Austria, Finland, the Republic of Korea, Singapore, and Spain.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 546, as added Pub. L. 104-164, title
    I, Sec. 112(c)(1), July 21, 1996, 110 Stat. 1427.)

-End-



-CITE-
    22 USC Sec. 2347f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347f. Consultation requirement

-STATUTE-
      The selection of foreign personnel for training under this part
    shall be made in consultation with the United States defense
    attache to the relevant country.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 547, as added Pub. L. 106-280, title
    II, Sec. 202, Oct. 6, 2000, 114 Stat. 851.)

-End-



-CITE-
    22 USC Sec. 2347g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347g. Records regarding foreign participants

-STATUTE-
    (a) Development and maintenance of database
      In order to contribute most effectively to the development of
    military professionalism in foreign countries, the Secretary of
    Defense shall develop and maintain a database containing records on
    each foreign military or defense ministry civilian participant in
    education and training activities conducted under this part after
    December 31, 2000. This record shall include the type of
    instruction received, the dates of such instruction, whether such
    instruction was completed successfully, and, to the extent
    practicable, a record of the person's subsequent military or
    defense ministry career and current position and location.
    (b) Annual list of foreign personnel
      For the purposes of preparing the report required pursuant to
    section 2347h of this title, the Secretary of State may annually
    request the Secretary of Defense to provide information contained
    in the database, with respect to a list submitted to the Secretary
    of Defense by the Secretary of State, that contains the names of
    foreign personnel or military units. To the extent practicable, the
    Secretary of Defense shall provide, and the Secretary of State may
    take into account, the information contained in the database, if
    any, relating to the Secretary of State's submission.
    (c) Updating of database
      If the Secretary of State determines and reports to Congress
    under section 2347h of this title that a foreign person identified
    in the database maintained pursuant to this section was involved in
    a violation of internationally recognized human rights, the
    Secretary of Defense shall ensure that the database is updated to
    contain such fact and all relevant information.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 548, as added Pub. L. 106-280, title
    II, Sec. 202, Oct. 6, 2000, 114 Stat. 851; amended Pub. L. 107-228,
    div. B, title XII, Sec. 1212(b), Sept. 30, 2002, 116 Stat. 1429.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-228 designated existing provisions as subsec.
    (a), inserted heading, and added subsecs. (b) and (c).

-End-



-CITE-
    22 USC Sec. 2347h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part V - International Military Education and Training

-HEAD-
    Sec. 2347h. Human rights report

-STATUTE-
    (a) In general
      Not later than March 1 of each year, the Secretary of State shall
    submit to the Speaker of the House of Representatives and the
    Committee on Foreign Relations of the Senate a report describing,
    to the extent practicable, any involvement of a foreign military or
    defense ministry civilian participant in education and training
    activities under this part in a violation of internationally
    recognized human rights reported under section 2151n(d) of this
    title subsequent to such participation.
    (b) Form
      The report described in subsection (a) of this section shall be
    in unclassified form, but may include a classified annex.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 549, as added Pub. L. 107-228, div.
    B, title XII, Sec. 1212(a), Sept. 30, 2002, 116 Stat. 1428.)

-End-


-CITE-
    22 USC Part VI - Peacekeeping Operations                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VI - Peacekeeping Operations

-HEAD-
                     PART VI - PEACEKEEPING OPERATIONS                 

-End-



-CITE-
    22 USC Sec. 2348                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VI - Peacekeeping Operations

-HEAD-
    Sec. 2348. General authorization

-STATUTE-
      The President is authorized to furnish assistance to friendly
    countries and international organizations, on such terms and
    conditions as he may determine, for peacekeeping operations and
    other programs carried out in furtherance of the national security
    interests of the United States. Such assistance may include
    reimbursement to the Department of Defense for expenses incurred
    pursuant to section 287d-1 of this title, except that such
    reimbursements may not exceed $5,000,000 in any fiscal year unless
    a greater amount is specifically authorized by this section.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 551, as added Pub. L. 95-384, Sec.
    12(a), Sept. 26, 1978, 92 Stat. 736; amended Pub. L. 96-92, Sec.
    10(b), Oct. 29, 1979, 93 Stat. 705.)


-MISC1-
                                AMENDMENTS                            
      1979 - Pub. L. 96-92 authorized reimbursement of Department of
    Defense for expenses incurred in furnishing assistance to the
    United States limited to $5,000,000 per fiscal year unless
    specifically authorized.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
       UNITED STATES PROPOSAL FOR THE EARLY WARNING SYSTEM IN SINAI   
      Pub. L. 94-110, Oct. 13, 1975, 89 Stat. 572, provided that:
    "Whereas an agreement signed on September 4, 1975, by the
      Government of the Arab Republic of Egypt and the Government of
      Israel may, when it enters into force, constitute a significant
      step toward peace in the Middle East;
    "Whereas the President of the United States on September 1, 1975,
      transmitted to the Government of the Arab Republic of Egypt and
      to the Government of Israel identical proposals for United States
      participation in an early-warning system, the text of which has
      been submitted to the Congress, providing for the assignment of
      no more than two hundred United States civilian personnel to
      carry out certain specified noncombat functions and setting forth
      the terms and conditions thereof;
    "Whereas that proposal would permit the Government of the United
      States to withdraw such personnel if it concludes that their
      safety is jeopardized or that continuation of their role is no
      longer necessary; and
    "Whereas the implementation of the United States proposals for the
      early-warning system in Sinai may enhance the prospect of
      compliance in good faith with the terms of the Egyptian-Israeli
      agreements and thereby promote the cause of peace: Now,
      therefore, be it
      "Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the President
    is authorized to implement the 'United States Proposal for the
    Early Warning System in Sinai': Provided, however, That United
    States civilian personnel assigned to Sinai under such proposal
    shall be removed immediately in the event of an outbreak of
    hostilities between Egypt and Israel or if the Congress by
    concurrent resolution determines that the safety of such personnel
    is jeopardized or that continuation of their role is no longer
    necessary. Nothing contained in this resolution shall be construed
    as granting any authority to the President with respect to the
    introduction of United States Armed Forces into hostilities or into
    situations wherein involvement in hostilities is clearly indicated
    by the circumstances which authority he would not have had in the
    absence of this joint resolution.
      "Sec. 2. Any concurrent resolution of the type described in the
    first section of this resolution which is introduced in either
    House of Congress shall be privileged in the same manner and to the
    same extent as a concurrent resolution of the type described in
    section 5(c) of Public Law 93-148 [section 1544(c) of Title 50, War
    and National Defense] is privileged under section 7 of such law
    [section 1546 of title 50, War and National Defense].
      "Sec. 3. The United States civilian personnel participating in
    the early warning system in Sinai shall include only individuals
    who have volunteered to participate in such system.
      "Sec. 4. Whenever United States civilian personnel, pursuant to
    this resolution, participate in an early warning system, the
    President shall, so long as the participation of such personnel
    continues, submit written reports to the Congress periodically, but
    no less frequently than once every six months, on (1) the status,
    scope, and anticipated duration of their participation, and (2) the
    feasibility of ending or reducing as soon as possible their
    participation by substituting nationals of other countries or by
    making technological changes. The appropriate committees of the
    Congress shall promptly hold hearings on each report of the
    President and report to the Congress any findings, conclusions, and
    recommendations.
      "Sec. 5. The authority contained in this joint resolution to
    implement the 'United States Proposal for the Early Warning System
    in Sinai' does not signify approval of the Congress of any other
    agreement, understanding, or commitment made by the executive
    branch."


-EXEC-
                         EXECUTIVE ORDER NO. 11896                     
      Ex. Ord. No. 11896, Jan. 13, 1976, 41 F.R. 2067, as amended by
    Ex. Ord. No. 12150, July 23, 1979, 44 F.R. 43455; Ex. Ord. No.
    12227, July 22, 1980, 45 F.R. 49237; Ex. Ord. No. 12357, Apr. 6,
    1982, 47 F.R. 15093, which established the United States Sinai
    Support Mission, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986,
    51 F.R. 7237.

-End-



-CITE-
    22 USC Sec. 2348a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VI - Peacekeeping Operations

-HEAD-
    Sec. 2348a. Authorization of appropriations

-STATUTE-
    (a) Fiscal years 1986 and 1987
      There are authorized to be appropriated to the President to carry
    out the purposes of this part, in addition to amounts otherwise
    available for such purposes, $37,000,000 for fiscal year 1986 and
    $37,000,000 for fiscal year 1987.
    (b) Availability of funds
      Amounts appropriated under this section are authorized to remain
    available until expended.
    (c) Emergency transfer of funds
      If the President determines that, as the result of an unforeseen
    emergency, the provision of assistance under this part in amounts
    in excess of funds otherwise available for such assistance is
    important to the national interests of the United States, the
    President may (1) exercise the authority of section 2360(a) of this
    title to transfer funds available to carry out part IV of this
    subchapter for use under this part without regard to the 20-percent
    increase limitation contained in such section, except that the
    total amount so transferred in any fiscal year may not exceed
    $15,000,000; and (2) in the event the President also determines
    that such unforeseen emergency requires the immediate provision of
    assistance under this part, direct the drawdown of commodities and
    services from the inventory and resources of any agency of the
    United States Government of an aggregate value not to exceed
    $25,000,000 in any fiscal year.
    (d) Reimbursement of applicable appropriation, fund, or account
      There are authorized to be appropriated to the President such
    sums as may be necessary to reimburse the applicable appropriation,
    fund, or account for commodities and services provided under
    subsection (c)(2) of this section.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 552, as added Pub. L. 95-384, Sec.
    12(a), Sept. 26, 1978, 92 Stat. 736; amended Pub. L. 96-92, Sec.
    10(a), (c), Oct. 29, 1979, 93 Stat. 705; Pub. L. 96-533, title I,
    Sec. 116(a), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 97-113, title I,
    Sec. 114, Dec. 29, 1981, 95 Stat. 1528; Pub. L. 99-83, title I,
    Sec. 105(a), (b)(1), Aug. 8, 1985, 99 Stat. 195.)


-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-83, Sec. 105(a), amended subsec.
    (a) generally, substituting provisions authorizing appropriations
    of $37,000,000 for fiscal years 1986 and 1987, for provisions
    authorizing appropriations of $19,000,000 for fiscal years 1982 and
    1983.
      Subsec. (c). Pub. L. 99-83, Sec. 105(b)(1)(A), (B), designated
    existing provisions as cl. (1) and added cl. (2).
      Subsec. (d). Pub. L. 99-83, Sec. 105(b)(1)(C), added subsec. (d).
      1981 - Subsec. (a). Pub. L. 97-113, Sec. 114(a), substituted
    "$19,000,000 for the fiscal year 1982 and $19,000,000 for the
    fiscal year 1983" for "$25,000,000 for the fiscal year 1981".
      Subsec. (b). Pub. L. 97-113, Sec. 114(b), increased to
    $15,000,000 from $10,000,000 amount of funds authorized to be
    transferred in any fiscal year and deleted restriction on transfer
    of earmarked funds.
      1980 - Subsec. (a). Pub. L. 96-533 substituted "$25,000,000 for
    the fiscal year 1981" for "$21,100,000 for the fiscal year 1980".
      1979 - Subsec. (a). Pub. L. 96-92, Sec. 10(a), substituted
    "$21,100,000 for the fiscal year 1980" for "$30,900,000 for the
    fiscal year 1979".
      Subsec. (c). Pub. L. 96-92, Sec. 10(c), added subsec. (c).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2348b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VI - Peacekeeping Operations

-HEAD-
    Sec. 2348b. Repealed.

-MISC1-
    Sec. 2348b. Repealed. Pub. L. 96-533, title I, Sec. 116(b), Dec.
      16, 1980, 94 Stat. 3140.
      Section, Pub. L. 87-195, pt. II, Sec. 553, as added Pub. L. 95-
    384, Sec. 12(a), Sept. 26, 1978, 92 Stat. 736, provided for Middle
    East special requirements fund and funding limitations and
    requirements, including use of $3,500,000 for fiscal year 1979 for
    international peacekeeping in the Middle East.

-End-



-CITE-
    22 USC Sec. 2348c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VI - Peacekeeping Operations

-HEAD-
    Sec. 2348c. Administrative authorities

-STATUTE-
      Except where expressly provided to the contrary, any reference in
    any law to subchapter I of this chapter shall be deemed to include
    reference to this part and any reference in any law to subchapter
    II of this chapter shall be deemed to exclude reference to this
    part.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 553, formerly Sec. 554, as added Pub.
    L. 95-384, Sec. 12(a), Sept. 26, 1978, 92 Stat. 737; renumbered
    Sec. 553, Pub. L. 96-533, title I, Sec. 116(b), Dec. 16, 1980, 94
    Stat. 3140.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
     SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
                                SUCH PARTS
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.) and VIII (Sec. 2349aa et seq.) of
    subchapter II of this chapter, and references to subchapter II are
    deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
    set out as a note under section 2346 of this title, and section
    2349aa-5 of this title.

-End-



-CITE-
    22 USC Sec. 2348d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VI - Peacekeeping Operations

-HEAD-
    Sec. 2348d. Data on costs incurred in support of United Nations
      peacekeeping operations

-STATUTE-
    (a) United States costs
      The President shall annually provide to the Secretary General of
    the United Nations data regarding all costs incurred by the United
    States Department of Defense during the preceding year in support
    of all United Nations Security Council resolutions as reported to
    the Congress pursuant to section 8079 of the Department of Defense
    Appropriations Act, 1998.
    (b) United Nations member costs
      The President shall request that the United Nations compile and
    publish information concerning costs incurred by United Nations
    members in support of such resolutions.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 554, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(7) [div. A, title VII, Sec. 722], Nov. 29, 1999,
    113 Stat. 1536, 1501A-462.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 8079 of the Department of Defense Appropriations Act,
    1998, referred to in subsec. (a), is section 8079 of Pub. L. 105-
    56, title VIII, Oct. 8, 1997, 111 Stat. 1236, which is not
    classified to the Code.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 554 of Pub. L. 87-195 was renumbered section 553
    and is classified to section 2348c of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-


-CITE-
    22 USC Part VII - Air Base Construction in Israel           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VII - Air Base Construction in Israel

-HEAD-
                PART VII - AIR BASE CONSTRUCTION IN ISRAEL            

-End-



-CITE-
    22 USC Sec. 2349                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VII - Air Base Construction in Israel

-HEAD-
    Sec. 2349. General authority

-STATUTE-
      The President is authorized - 
        (1) to construct such air bases in Israel for the Government of
      Israel as may be agreed upon between the Government of Israel and
      the Government of the United States to replace the Israeli air
      bases located at Etzion and Etam on the Sinai peninsula that are
      to be evacuated by the Government of Israel; and
        (2) for purposes of such construction, to furnish as a grant to
      the Government of Israel, on such terms and conditions as the
      President may determine, defense articles and defense services,
      which he may acquire from any source, of a value not to exceed
      the amount appropriated pursuant to section 2349a(a) of this
      title.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 561, as added Pub. L. 96-35, Sec. 3,
    July 20, 1979, 93 Stat. 89.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VII - Air Base Construction in Israel

-HEAD-
    Sec. 2349a. Authorization and utilization of funds

-STATUTE-
    (a) Authorization of appropriation
      There is authorized to be appropriated to the President to carry
    out this part not to exceed $800,000,000, which may be made
    available until expended.
    (b) Presidential authority to incur obligations and enter into
      contracts
      Upon agreement by the Government of Israel to provide to the
    Government of the United States funds equal to the difference
    between the amount required to complete the agreed construction
    work and the amount appropriated pursuant to subsection (a) of this
    section, and to make those funds available, in advance of the time
    when payments are due, in such amounts and at such times as may be
    required by the Government of the United States to meet those
    additional costs of construction, the President may incur
    obligations and enter into contracts to the extent necessary to
    complete the agreed construction work, except that this authority
    shall be effective only to such extent or in such amounts as are
    provided in advance in appropriation Acts.
    (c) Crediting of funds to proper appropriation account
      Funds made available by the Government of Israel pursuant to
    subsection (b) of this section may be credited to the appropriation
    account established to carry out the purposes of this section for
    the payment of obligations incurred and for refund to the
    Government of Israel if they are unnecessary for that purpose, as
    determined by the President. Credits and the proceeds of guaranteed
    loans made available to the Government of Israel pursuant to the
    Arms Export Control Act [22 U.S.C. 2751 et seq.], as well as any
    other source of financing available to it, may be used by Israel to
    carry out its undertaking to provide such additional funds.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 562, as added Pub. L. 96-35, Sec. 3,
    July 20, 1979, 93 Stat. 90.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Arms Export Control Act, referred to in subsec. (c), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VII - Air Base Construction in Israel

-HEAD-
    Sec. 2349b. Waiver authorities

-STATUTE-
    (a) Efficient and timely completion of authorized construction
      It is the sense of the Congress that the President should take
    all necessary measures consistent with law to insure the efficient
    and timely completion of the construction authorized by this part,
    including the exercise of authority vested in him by section
    2393(a) of this title.
    (b) Use of funds to pay for personal services abroad
      The provisions of paragraph (3) of section 2396(a) of this title
    shall be applicable to the use of funds available to carry out this
    part, except that no more than sixty persons may be engaged at any
    one time under that paragraph for purposes of this part.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 563, as added Pub. L. 96-35, Sec. 3,
    July 20, 1979, 93 Stat. 90.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-


-CITE-
    22 USC Part VIII - Antiterrorism Assistance                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
                   PART VIII - ANTITERRORISM ASSISTANCE               

-End-



-CITE-
    22 USC Sec. 2349aa                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa. General authority

-STATUTE-
      Notwithstanding any other provision of law that restricts
    assistance to foreign countries (other than sections 2304 and 2371
    of this title), the President is authorized to furnish, on such
    terms and conditions as the President may determine, assistance to
    foreign countries in order to enhance the ability of their law
    enforcement personnel to deter terrorists and terrorist groups from
    engaging in international terrorist acts such as bombing,
    kidnapping, assassination, hostage taking, and hijacking. Such
    assistance may include training services and the provision of
    equipment and other commodities related to bomb detection and
    disposal, management of hostage situations, physical security, and
    other matters relating to the detection, deterrence, and prevention
    of acts of terrorism, the resolution of terrorist incidents, and
    the apprehension of those involved in such acts.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 571, as added Pub. L. 98-151, Sec.
    101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 104-164,
    title I, Sec. 121(a), July 21, 1996, 110 Stat. 1428.)

-COD-
                               CODIFICATION                           
      Section 571 of Pub. L. 87-195 is based on section 201 of title II
    of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and
    enacted into law by Pub. L. 98-151.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-164 substituted "Notwithstanding any other
    provision of law that restricts assistance to foreign countries
    (other than sections 2304 and 2371 of this title)" for "Subject to
    the provisions of this part".

                              EFFECTIVE DATE                          
      Section 203 of title II of H.R. 2992, as enacted into permanent
    law by section 101(b)(2) of Pub. L. 98-151, provided that: "This
    title [enacting this part and amending sections 2304 and 2403 of
    this title] shall take effect on the date of enactment of this Act
    [Nov. 14, 1983]."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-1                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-1. Purposes

-STATUTE-
      Activities conducted under this part shall be designed - 
        (1) to enhance the antiterrorism skills of friendly countries
      by providing training and equipment to deter and counter
      terrorism;
        (2) to strengthen the bilateral ties of the United States with
      friendly governments by offering concrete assistance in this area
      of great mutual concern; and
        (3) to increase respect for human rights by sharing with
      foreign civil authorities modern, humane, and effective
      antiterrorism techniques.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 572, as added Pub. L. 98-151, Sec.
    101(b)(2), Nov. 14, 1983, 97 Stat. 972.)

-COD-
                               CODIFICATION                           
      Section 572 of Pub. L. 87-195 is based on section 201 of title II
    of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and
    enacted into law by Pub. L. 98-151.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-2                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-2. Limitations

-STATUTE-
    (a) Services and commodities furnished by agency of United States
      Government; advance payment
      Whenever the President determines it to be consistent with and in
    furtherance of the purposes of this part, and on such terms and
    conditions consistent with this chapter as he may determine, any
    agency of the United States Government is authorized to furnish
    services and commodities, without charge to funds available to
    carry out this part, to an eligible foreign country, subject to
    payment in advance of the value thereof (within the meaning of
    section 2403(m) of this title) in United States dollars by the
    foreign country. Credits and the proceeds of guaranteed loans made
    available to such countries pursuant to the Arms Export Control Act
    [22 U.S.C. 2751 et seq.] shall not be used for such payments.
    Collections under this part shall be credited to the currently
    applicable appropriation, account, or fund of the agency providing
    such services and commodities and shall be available for the
    purposes for which such appropriation, account, or fund is
    authorized to be used.
    (b) Consultation in development and implementation of assistance
      The Assistant Secretary of State for Democracy, Human Rights, and
    Labor shall be consulted in the determinations of the foreign
    countries that will be furnished assistance under this part and
    determinations of the nature of assistance to be furnished to each
    such country.
    (c) Arms and ammunition; value of equipment and commodities
      (1) Arms and ammunition may be provided under this part only if
    they are directly related to antiterrorism assistance.
      (2) The value (in terms of original acquisition cost) of all
    equipment and commodities provided under this part in any fiscal
    year shall not exceed 30 percent of the funds made available to
    carry out this part for that fiscal year.
    (d) Information exchange activities
      This part does not apply to information exchange activities
    conducted by agencies of the United States Government under other
    authority for such purposes.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 573, as added Pub. L. 98-151, Sec.
    101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended Pub. L. 99-83,
    title V, Sec. 501(b), (c), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-
    399, title V, Sec. 507, Aug. 27, 1986, 100 Stat. 873; Pub. L. 101-
    604, title II, Sec. 213(b), Nov. 16, 1990, 104 Stat. 3086; Pub. L.
    103-236, title I, Sec. 162(e)(3), Apr. 30, 1994, 108 Stat. 405;
    Pub. L. 104-132, title III, Sec. 328(a), Apr. 24, 1996, 110 Stat.
    1257; Pub. L. 104-164, title I, Sec. 121(b), July 21, 1996, 110
    Stat. 1428.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section 573 of Pub. L. 87-195 is based on section 201 of title II
    of H.R. 2992, Ninety-eighth Congress, as reported May 17, 1983, and
    enacted into law by Pub. L. 98-151.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-164, Sec. 121(b)(1), substituted "Limitations"
    for "Specific authorities and limitations" as section catchline.
      Subsecs. (a), (b). Pub. L. 104-164, Sec. 121(b)(2), (3),
    redesignated subsecs. (b) and (c) as (a) and (b), respectively, and
    struck out former subsec. (a) which read as follows:
    "Notwithstanding section 2420 of this title, services and
    commodities may be granted for the purposes of this part to
    eligible foreign countries, subject to reimbursement of the value
    thereof (within the meaning of section 2403(m) of this title)
    pursuant to section 2392 of this title from funds available to
    carry out this part."
      Subsec. (c). Pub. L. 104-164, Sec. 121(b)(4), which directed the
    amendment of subsec. (c) by striking out pars. (1) and (2),
    redesignating pars. (3) to (5) as (1) to (3), respectively, and
    amending par. (2) generally, could not be executed because subsec.
    (c) [formerly (d)] did not contain pars. (3) to (5) subsequent to
    amendment by Pub. L. 104-132, Sec. 328(a)(2), see below.
      Pub. L. 104-164, Sec. 121(b)(3), redesignated subsec. (d) as (c).
    Former subsec. (c) redesignated (b).
      Pub. L. 104-132, Sec. 328(a)(1), struck out "development and
    implementation of the antiterrorism assistance program under this
    part, including" after "shall be consulted in the".
      Subsec. (d). Pub. L. 104-164, Sec. 121(b)(3), redesignated
    subsecs. (e) as (d). Former subsec. (d) redesignated (c).
      Pub. L. 104-132, Sec. 328(a)(2), amended subsec. (d) generally,
    substituting pars. (1) and (2) for former pars. (1) to (5) which
    related to location for training and advice, law enforcement
    personnel training, availability of items on United States
    Munitions List, and services, equipment, personnel, and facilities
    involved in collection of intelligence.
      Subsec. (e). Pub. L. 104-164, Sec. 121(b)(3), which directed
    redesignation of subsec. (f) as (e), could not be executed because
    of prior amendment by Pub. L. 104-132, Sec. 328(a)(3), see below.
    Former subsec. (e) redesignated (d).
      Subsec. (f). Pub. L. 104-132, Sec. 328(a)(3), struck out subsec.
    (f) which read as follows: "Funds made available to carry out this
    part may not be used for personnel compensation or benefits."
      1994 - Subsec. (c). Pub. L. 103-236 substituted "Democracy, Human
    Rights, and Labor" for "Human Rights and Humanitarian Affairs".
      1990 - Subsec. (d)(1) to (3). Pub. L. 101-604 added pars. (1) to
    (3) and struck out former pars. (1) to (3) which read as follows:
      "(1) Training services provided pursuant to this part shall not
    be conducted outside the United States.
      "(2) Personnel of the United States Government authorized to
    advise eligible foreign countries on antiterrorism matters shall
    carry out their responsibilities, to the maximum extent possible,
    within the United States. Such personnel may provide advice outside
    the United States on antiterrorism matters to eligible foreign
    countries for periods not to exceed thirty consecutive calendar
    days.
      "(3) Employees of the Department of State shall not engage in the
    training of law enforcement personnel or provision of services
    under this part, except that employees of the Office of Security of
    the Department of State may provide training and services to law
    enforcement personnel for the physical protection of
    internationally protected persons and related facilities."
      1986 - Subsec. (d)(4). Pub. L. 99-399, in amending par. (4)
    generally, included articles in category X and articles in par.
    (b), (c), or (d) of category XIII as articles on the United States
    Munitions List which could be made available, struck out
    availability of articles only for fiscal years 1986 and 1987,
    substituted provision that the value in any fiscal year not exceed
    25 percent of the funds available to carry out this part for that
    fiscal year for provision that the value not exceed $325,000 in
    fiscal year 1986 or 1987, and provided that no shock batons or
    similar devices be provided under this part.
      1985 - Subsec. (d)(4). Pub. L. 99-83, Sec. 501(b), in amending
    par. (4) generally, designated existing provisions as subpar. (A),
    inserted provisions excepting subpar. (B), and added subpars. (B)
    and (C).
      Subsec. (f). Pub. L. 99-83, Sec. 501(c), added subsec. (f).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of this title.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                      AUTHORITY OF SECRETARY OF STATE                  
      Except as otherwise provided, Secretary of State to have and
    exercise any authority vested by law in any official or office of
    Department of State and references to such officials or offices
    deemed to refer to Secretary of State or Department of State, as
    appropriate, see section 2651a of this title and section 161(d) of
    Pub. L. 103-236, set out as a note under section 2651a of this
    title.

                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-3                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-3. Repealed.

-MISC1-
    Sec. 2349aa-3. Repealed. Pub. L. 104-164, title I, Sec. 121(c),
      July 21, 1996, 110 Stat. 1428.
      Section, Pub. L. 87-195, pt. II, Sec. 574, as added Pub. L. 98-
    151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972, directed
    President to transmit to Congress, not less than 30 days before
    providing assistance to foreign country under this part, a report
    which specified terms and objectives of such assistance, and
    required annual presentation to Congress of information on all
    countries that received assistance under this part for each fiscal
    year.

-End-



-CITE-
    22 USC Sec. 2349aa-4                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-4. Authorization of appropriations

-STATUTE-
      (a) There are authorized to be appropriated to the President to
    carry out this part $72,000,000 for fiscal year 2001, $73,000,000
    for fiscal year 2002, and $64,200,000 for fiscal year 2003.
      (b) Amounts appropriated under this section are authorized to
    remain available until expended.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 574, formerly Sec. 575, as added Pub.
    L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; amended
    Pub. L. 99-83, title V, Sec. 501(a), Aug. 8, 1985, 99 Stat. 219;
    Pub. L. 99-399, title IV, Sec. 401(a)(2), Aug. 27, 1986, 100 Stat.
    862; renumbered Sec. 574, Pub. L. 104-164, title I, Sec. 121(d),
    July 21, 1996, 110 Stat. 1428; Pub. L. 106-280, title IV, Sec. 401,
    Oct. 6, 2000, 114 Stat. 854; Pub. L. 107-228, div. B, title XII,
    Sec. 1251, Sept. 30, 2002, 116 Stat. 1433.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 574 of Pub. L. 87-195 was classified to section
    2349aa-3 of this title prior to repeal by Pub. L. 104-164.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-228 substituted ", $73,000,000
    for fiscal year 2002, and $64,200,000 for fiscal year 2003" for
    "and $73,000,000 for fiscal year 2002".
      2000 - Subsec. (a). Pub. L. 106-280 substituted "$72,000,000 for
    fiscal year 2001 and $73,000,000 for fiscal year 2002" for
    "$9,840,000 for fiscal year 1986 and $14,680,000 for fiscal year
    1987".
      1986 - Subsec. (a). Pub. L. 99-399 substituted "$14,680,000 for
    the fiscal year 1987" for "$9,840,000 for the fiscal year 1987".
      1985 - Pub. L. 99-83, in amending section generally, designated
    existing provisions as subsecs. (a) and (b), and in subsec. (a) as
    so designated, substituted provisions appropriating $9,840,000 for
    fiscal years 1986 and 1987 for provisions appropriating $5,000,000
    for fiscal year 1984.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-5                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-5. Administrative authorities

-STATUTE-
      Except where expressly provided to the contrary, any reference in
    any law to subchapter I of this chapter shall be deemed to include
    reference to this part and any reference in any law to subchapter
    II of this chapter shall be deemed to exclude reference to this
    part.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 575, formerly Sec. 576, as added Pub.
    L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; renumbered
    Sec. 575, Pub. L. 104-164, title I, Sec. 121(d), July 21, 1996, 110
    Stat. 1428.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
     SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
                                SUCH PARTS
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.) and VI (Sec. 2348 et seq.) of
    subchapter II of this chapter, and references to subchapter II are
    deemed to exclude such parts. See section 202(b) of Pub. L. 92-226,
    set out as a note under section 2346 of this title, and section
    2348c of this title.

-COD-
                               CODIFICATION                           
      Section 575, formerly 576, of Pub. L. 87-195 is based on section
    201 of title II of H.R. 2992, Ninety-eighth Congress, as reported
    May 17, 1983, and enacted into law by Pub. L. 98-151.


-MISC2-
                             PRIOR PROVISIONS                         
      A prior section 575 of Pub. L. 87-195 was renumbered section 574
    and is classified to section 2349aa-4 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-6                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-6. Repealed.

-MISC1-
    Sec. 2349aa-6. Repealed. Pub. L. 99-83, title V, Sec. 501(d), Aug.
      8, 1985, 99 Stat. 220.
      Section, Pub. L. 87-195, pt. II, Sec. 577, as added Pub. L. 98-
    151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972, provided for
    expiration of authorities of this part on Sept. 30, 1985.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1985, see section 1301 of Pub. L. 99-83,
    set out as an Effective Date of 1985 Amendment note under section
    2151-1 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-7                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-7. Coordination of all United States terrorism-related
      assistance to foreign countries

-STATUTE-
    (a) Responsibility
      The Secretary of State shall be responsible for coordinating all
    assistance related to international terrorism which is provided by
    the United States Government to foreign countries.
    (b) Reports
      Not later than February 1 each year, the Secretary of State, in
    consultation with appropriate United States Government agencies,
    shall report to the appropriate committees of the Congress on the
    assistance related to international terrorism which was provided by
    the United States Government during the preceding fiscal year. Such
    reports may be provided on a classified basis to the extent
    necessary, and shall specify the amount and nature of the
    assistance provided.
    (c) Rule of construction
      Nothing contained in this section shall be construed to limit or
    impair the authority or responsibility of any other Federal agency
    with respect to law enforcement, domestic security operations, or
    intelligence activities as defined in Executive Order 12333.

-SOURCE-
    (Pub. L. 99-83, title V, Sec. 502, Aug. 8, 1985, 99 Stat. 220; Pub.
    L. 99-399, title V, Sec. 503, Aug. 27, 1986, 100 Stat. 871.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 12333, referred to in subsec. (c), is set out as
    a note under section 401 of Title 50, War and National Defense.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Security and
    Development Cooperation Act of 1985, and not as part of the Foreign
    Assistance Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-399, Sec. 503(1), substituted "terrorism-
    related" for "anti-terrorism" in section catchline.
      Subsec. (a). Pub. L. 99-399, Sec. 503(2), substituted "assistance
    related to international terrorism which is provided by the United
    States Government to foreign countries" for "anti-terrorism
    assistance to foreign countries provided by the United States
    Government".
      Subsec. (b). Pub. L. 99-399, Sec. 503(3), substituted "assistance
    related to international terrorism which was" for "anti-terrorism
    assistance".
      Subsec. (c). Pub. L. 99-399, Sec. 503(4), added subsec. (c).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-8                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-8. Prohibition on imports from and exports to Libya

-STATUTE-
    (a) Prohibition on imports
      Notwithstanding any other provision of law, the President may
    prohibit any article grown, produced, extracted, or manufactured in
    Libya from being imported into the United States.
    (b) Prohibition on exports
      Notwithstanding any other provision of law, the President may
    prohibit any goods or technology, including technical data or other
    information, subject to the jurisdiction of the United States or
    exported by any person subject to the jurisdiction of the United
    States, from being exported to Libya.
    (c) "United States" defined
      For purposes of this section, the term "United States", when used
    in a geographical sense, includes territories and possessions of
    the United States.

-SOURCE-
    (Pub. L. 99-83, title V, Sec. 504, Aug. 8, 1985, 99 Stat. 221.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Security and
    Development Cooperation Act of 1985, and not as part of the Foreign
    Assistance Act of 1961 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-9                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-9. Ban on importing goods and services from countries
      supporting terrorism

-STATUTE-
    (a) Authority
      The President may ban the importation into the United States of
    any good or service from any country which supports terrorism or
    terrorist organizations or harbors terrorists or terrorist
    organizations.
    (b) Consultation
      The President, in every possible instance, shall consult with the
    Congress before exercising the authority granted by this section
    and shall consult regularly with the Congress so long as that
    authority is being exercised.
    (c) Reports
      Whenever the President exercises the authority granted by this
    section, he shall immediately transmit to the Congress a report
    specifying - 
        (1) the country with respect to which the authority is to be
      exercised and the imports to be prohibited;
        (2) the circumstances which necessitate the exercise of such
      authority;
        (3) why the President believes those circumstances justify the
      exercise of such authority; and
        (4) why the President believes the prohibitions are necessary
      to deal with those circumstances.

    At least once during each succeeding 6-month period after
    transmitting a report pursuant to this subsection, the President
    shall report to the Congress with respect to the actions taken,
    since the last such report, pursuant to this section and with
    respect to any changes which have occurred concerning any
    information previously furnished pursuant to this subsection.
    (d) "United States" defined
      For purposes of this section, the term "United States" includes
    territories and possessions of the United States.

-SOURCE-
    (Pub. L. 99-83, title V, Sec. 505, Aug. 8, 1985, 99 Stat. 221.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Security and
    Development Cooperation Act of 1985, and not as part of the Foreign
    Assistance Act of 1961 which comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1985, see section 1301 of Pub. L. 99-
    83, set out as an Effective Date of 1985 Amendment note under
    section 2151-1 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349aa-10                                       01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part VIII - Antiterrorism Assistance

-HEAD-
    Sec. 2349aa-10. Antiterrorism assistance

-STATUTE-
    (a) Omitted
    (b) Assistance to foreign countries to procure explosives detection
      devices and other counterterrorism technology
      (1) Subject to section 2349aa-4(b) of this title, up to
    $3,000,000 in any fiscal year may be made available - 
        (A) to procure explosives detection devices and other
      counterterrorism technology; and
        (B) for joint counterterrorism research and development
      projects on such technology conducted with NATO and major non-
      NATO allies under the auspices of the Technical Support Working
      Group of the Department of State.

      (2) As used in this subsection, the term "major non-NATO allies"
    means those countries designated as major non-NATO allies for
    purposes of section 2350a(i)(3) (!1) of title 10.

    (c) Assistance to foreign countries
      Notwithstanding any other provision of law (except section 2371
    of this title) up to $1,000,000 in assistance may be provided to a
    foreign country for counterterrorism efforts in any fiscal year if -
     
        (1) such assistance is provided for the purpose of protecting
      the property of the United States Government or the life and
      property of any United States citizen, or furthering the
      apprehension of any individual involved in any act of terrorism
      against such property or persons; and
        (2) the appropriate committees of Congress are notified not
      later than 15 days prior to the provision of such assistance.

-SOURCE-
    (Pub. L. 104-132, title III, Sec. 328, Apr. 24, 1996, 110 Stat.
    1257.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2349aa-4 of this title, referred to in subsec. (b)(1),
    was in the original "section 575", which was translated as meaning
    section 575 of the Foreign Assistance Act of 1961. Section 575 of
    the Act was renumbered section 574 by section 121(d) of Pub. L. 104-
    164 without corresponding amendment to this section.
      Section 2350a of title 10, referred to in subsec. (b)(2), was
    subsequently amended, and section 2350a(i)(3) no longer defines the
    term "major non-NATO ally". However, such term is defined elsewhere
    in that section.

-COD-
                               CODIFICATION                           
      Section is comprised of section 328 of Pub. L. 104-132. Subsec.
    (a) of section 328 of Pub. L. 104-132 amended section 2349aa-2 of
    this title.
      Section was enacted as part of the Antiterrorism and Effective
    Death Penalty Act of 1996, and not as part of the Foreign
    Assistance Act of 1961 which comprises this chapter.

-CROSS-
                           "ASSISTANCE" DEFINED                       
      Section 329 of title III of Pub. L. 104-132 provided that: "For
    purposes of this title [enacting this section and sections 262p-4q,
    2377, 2378, and 2781 of this title, section 1189 of Title 8, Aliens
    and Nationality, and sections 2332d and 2339B of Title 18, Crimes
    and Criminal Procedure, amending section 2349aa-2 of this title,
    section 2339A of Title 18, and section 44906 of Title 49,
    Transportation, and enacting provisions set out as notes under
    section 2377 of this title and sections 2332d and 2339B of Title
    18] - 
        "(1) the term 'assistance' means assistance to or for the
      benefit of a government of any country that is provided by grant,
      concessional sale, guaranty, insurance, or by any other means on
      terms more favorable than generally available in the applicable
      market, whether in the form of a loan, lease, credit, debt
      relief, or otherwise, including subsidies for exports to such
      country and favorable tariff treatment of articles that are the
      growth, product, or manufacture of such country; and
        "(2) the term 'assistance' does not include assistance of the
      type authorized under chapter 9 of part 1 of the Foreign
      Assistance Act of 1961 [22 U.S.C. 2292 et seq.] (relating to
      international disaster assistance)."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    22 USC Part IX - Nonproliferation and Export Control
           Assistance                                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
         PART IX - NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE     

-End-



-CITE-
    22 USC Sec. 2349bb                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb. Purposes

-STATUTE-
      The purposes of assistance under this part are to halt the
    proliferation of nuclear, chemical, and biological weapons, and
    conventional weaponry, through support of activities designed - 
        (1) to enhance the nonproliferation and export control
      capabilities of friendly countries by providing training and
      equipment to detect, deter, monitor, interdict, and counter
      proliferation;
        (2) to strengthen the bilateral ties of the United States with
      friendly governments by offering concrete assistance in this area
      of vital national security interest;
        (3) to accomplish the activities and objectives set forth in
      sections 5853 and 5854 of this title, without regard to the
      limitation of those sections to the independent states of the
      former Soviet Union; and
        (4) to promote multilateral activities, including cooperation
      with international organizations, relating to nonproliferation.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 581, as added Pub. L. 106-280, title
    III, Sec. 301, Oct. 6, 2000, 114 Stat. 851.)


-MISC1-
       NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR FRIENDLY
                             FOREIGN COUNTRIES
      Pub. L. 107-228, div. B, title XIII, Sec. 1302, Sept. 30, 2002,
    116 Stat. 1435, provided that:
      "(a) In General. - For the purpose of enhancing the
    nonproliferation and export control capabilities of friendly
    countries, of the amount authorized to be appropriated for fiscal
    year 2003 by section 585 [586] of the Foreign Assistance Act of
    1961 (22 U.S.C. 2349bb et seq.) [22 U.S.C. 2349bb-4], the Secretary
    is authorized to make available - 
        "(1) $5,000,000 for the procurement and provision of nuclear,
      chemical, and biological detection systems, including
      spectroscopic and pulse echo technologies; and
        "(2) $10,000,000 for the procurement and provision of x-ray
      systems capable of imaging sea-cargo containers.
      "(b) Reports on Training Program. - 
        "(1) Initial report. - Not later than March 31, 2003, the
      Secretary shall submit a report to the appropriate congressional
      committees setting forth his plans and budget for a multiyear
      training program to train foreign personnel in the utilization of
      the systems described in subsection (a).
        "(2) Subsequent reports. - Not later than March 31, 2004, and
      annually thereafter for the next three years, the Secretary shall
      submit a report to the appropriate congressional committees
      describing the progress, current status, and budget of that
      training program and of the provision of those systems."
      [For definitions of "Secretary" and "appropriate congressional
    committees" as used in section 1302 of Pub. L. 107-228, set out
    above, see section 3 of Pub. L. 107-228, set out as a note under
    section 2651 of this title.]

-End-



-CITE-
    22 USC Sec. 2349bb-1                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-1. Authorization of assistance

-STATUTE-
      Notwithstanding any other provision of law (other than section
    2304 or section 2371 of this title), the President is authorized to
    furnish, on such terms and conditions as the President may
    determine, assistance in order to carry out the purposes of this
    part. Such assistance may include training services and the
    provision of funds, equipment, and other commodities related to the
    detection, deterrence, monitoring, interdiction, and prevention or
    countering of proliferation, the establishment of effective
    nonproliferation laws and regulations, and the apprehension of
    those individuals involved in acts of proliferation of such
    weapons.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 582, as added Pub. L. 106-280, title
    III, Sec. 301, Oct. 6, 2000, 114 Stat. 852.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349bb-2                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-2. Transit interdiction

-STATUTE-
    (a) Allocation of funds
      In providing assistance under this part, the President shall
    ensure that, beginning in fiscal year 2007, not less than one-
    quarter of the total of such assistance is obligated for the
    purpose of enhancing the capabilities of friendly countries to
    detect and interdict proliferation-related shipments of cargo to
    non-State actors and States of proliferation concern.
    (b) Priority to certain countries
      Priority shall be given in the apportionment of the assistance
    described under subsection (a) of this section to any friendly
    country that has been determined by the Secretary of State to be a
    country frequently transited by proliferation-related shipments of
    cargo.
    (c) Cooperative agreements
      In order to promote cooperation regarding the interdiction of
    weapons of mass destruction and related materials and delivery
    systems, the President is authorized to conclude agreements,
    including reciprocal maritime agreements, with other countries to
    facilitate effective measures to prevent the transportation of such
    items to non-state actors and states of proliferation concern.
    (d) Determination and notice to Congress
      The Secretary of State shall notify the Committee on
    International Relations of the House of Representatives and the
    Committee on Foreign Relations of the Senate in writing not more
    than 30 days after making a determination that any friendly country
    has been determined to be a country eligible for priority
    consideration of any assistance under subsection (a). Such
    determination shall set forth the reasons for such determination,
    and may be submitted in classified and unclassified form, as
    necessary.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 583, as added Pub. L. 106-280, title
    III, Sec. 301, Oct. 6, 2000, 114 Stat. 852; amended Pub. L. 109-
    472, Sec. 10(c), Jan. 11, 2007, 120 Stat. 3557.)


-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (a). Pub. L. 109-472, Sec. 10(c)(1), substituted
    "shall ensure that, beginning in fiscal year 2007," for "should
    ensure that", "obligated" for "expended", and "to non-State actors
    and States of proliferation concern" for "that originate from, and
    are destined for, other countries".
      Subsecs. (c), (d). Pub. L. 109-472, Sec. 10(c)(2), added subsecs.
    (c) and (d).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349bb-2a                                       01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-2a. International nonproliferation export control
      training

-STATUTE-
    (a) General authority
      The President is authorized to furnish, on such terms and
    conditions consistent with this part (but whenever feasible on a
    reimbursable basis), education and training to appropriate military
    and civilian personnel of foreign countries for the purpose of
    enhancing the nonproliferation and export control capabilities of
    such personnel through their attendance in special courses of
    instruction conducted by the United States.
    (b) Administration of courses
      The Secretary of State shall have overall responsibility for the
    development and conduct of international nonproliferation education
    and training programs under this section, and may utilize other
    departments and agencies of the United States, as appropriate, to
    recommend personnel for the education and training and to
    administer specific courses of instruction.
    (c) Purposes
      Education and training activities conducted under this section
    shall be - 
        (1) of a technical nature, emphasizing techniques for
      detecting, deterring, monitoring, interdicting, and countering
      proliferation;
        (2) designed to encourage effective and mutually beneficial
      relations and increased understanding between the United States
      and friendly countries; and
        (3) designed to improve the ability of friendly countries to
      utilize their resources with maximum effectiveness, thereby
      contributing to greater self-reliance by such countries.
    (d) Priority to certain countries
      In selecting personnel for education and training pursuant to
    this section, priority should be given to personnel from countries
    determined by the Secretary of State to be countries frequently
    transited by proliferation-related shipments of cargo.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 584, as added Pub. L. 107-228, div.
    B, title XIII, Sec. 1303(2), Sept. 30, 2002, 116 Stat. 1436.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 584 of Pub. L. 87-195 was renumbered section 585
    and is classified to section 2349bb-3 of this title.

-End-



-CITE-
    22 USC Sec. 2349bb-3                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-3. Limitations

-STATUTE-
      The limitations contained in section 2349aa-2(a) and (d) of this
    title shall apply to this part.

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 585, formerly Sec. 584,as added Pub.
    L. 106-280, title III, Sec. 301, Oct. 6, 2000, 114 Stat. 852;
    renumbered Sec. 585, Pub. L. 107-228, div. B, title XIII, Sec.
    1303(1), Sept. 30, 2002, 116 Stat. 1436.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 585 of Pub. L. 87-195 was renumbered section 586
    and is classified to section 2349bb-4 of this title.

-End-



-CITE-
    22 USC Sec. 2349bb-4                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-4. Authorization of appropriations

-STATUTE-
    (a) Authorization of appropriations
      There are authorized to be appropriated to the President to carry
    out this part $162,000,000 for fiscal year 2003.
    (b) Availability of funds
      Funds made available under subsection (a) of this section may be
    used notwithstanding any other provision of law (other than section
    2304 or 2371 of this title) and shall remain available until
    expended.
    (c) Treatment of appropriations
      Amounts made available by the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2002, under
    "Nonproliferation, Antiterrorism, Demining, and Related Programs"
    and "Assistance for the Independent States of the Former Soviet
    Union" accounts for the activities described in subsection (d) of
    this section shall be considered to be made available pursuant to
    this part.
    (d) Covered activities
      The activities referred to in subsection (c) of this section are -
     
        (1) assistance under the Nonproliferation and Disarmament Fund;
        (2) assistance for science and technology centers in the
      independent states of the former Soviet Union;
        (3) export control assistance; and
        (4) export control and border assistance under part XI of
      subchapter I of this chapter or the FREEDOM Support Act (22
      U.S.C. 5801 et seq.).

-SOURCE-
    (Pub. L. 87-195, pt. II, Sec. 586, formerly Sec. 585, as added Pub.
    L. 106-280, title III, Sec. 301, Oct. 6, 2000, 114 Stat. 852;
    renumbered Sec. 586 and amended Pub. L. 107-228, div. B, title
    XIII, Secs. 1301(a), 1303(1), Sept. 30, 2002, 116 Stat. 1435,
    1436.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2002, referred to in subsec. (c), is Pub. L.
    107-115, Jan. 10, 2002, 115 Stat. 2118, also known as the Kenneth
    M. Ludden Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, Fiscal Year 2002. For complete
    classification of this Act to the Code, see Tables.
      The FREEDOM Support Act, referred to in subsec. (d)(4), is Pub.
    L. 102-511, Oct. 24, 1992, 106 Stat. 3320, as amended, also known
    as the Freedom for Russia and Emerging Eurasian Democracies and
    Open Markets Support Act of 1992. For complete classification of
    this Act to the Code, see Short Title note set out under section
    5801 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-228, Sec. 1301(a)(1), substituted
    "$162,000,000 for fiscal year 2003" for "$129,000,000 for fiscal
    year 2001 and $142,000,000 for fiscal year 2002".
      Subsec. (c). Pub. L. 107-228, Sec. 1301(a)(2), struck out "fiscal
    year 2001" before "appropriations" in heading and substituted
    "2002" for "2001" in text.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2349bb-5                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-5. Proliferation interdiction assistance

-STATUTE-
      Consistent with section 2349bb-2 of this title, the President is
    authorized to provide assistance to friendly foreign countries for
    proliferation detection and interdiction activities and for
    developing complementary capabilities.

-SOURCE-
    (Pub. L. 109-472, Sec. 10(a), Jan. 11, 2007, 120 Stat. 3557.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of State
    Authorities Act of 2006, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2349bb-6                                        01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER II - MILITARY ASSISTANCE AND SALES
    Part IX - Nonproliferation and Export Control Assistance

-HEAD-
    Sec. 2349bb-6. Safeguarding and elimination of conventional arms

-STATUTE-
    (a) In general
      The Secretary of State is authorized to secure, remove, or
    eliminate stocks of man-portable air defense systems (MANPADS),
    small arms and light weapons, stockpiled munitions, abandoned
    ordnance, and other conventional weapons, including tactical
    missile systems (hereafter in this section referred to as "MANPADS
    and other conventional weapons"), as well as related equipment and
    facilities, located outside the United States that are determined
    by the Secretary to pose a proliferation threat.
    (b) Elements
      The activities authorized under subsection (a) may include the
    following:
        (1) Humanitarian demining activities.
        (2) The elimination or securing of MANPADS.
        (3) The elimination or securing of other conventional weapons.
        (4) Assistance to countries in the safe handling and proper
      storage of MANPADS and other conventional weapons.
        (5) Cooperative programs with the North Atlantic Treaty
      Organization and other international organizations to assist
      countries in the safe handling and proper storage or elimination
      of MANPADS and other conventional weapons.
        (6) The utilization of funds for the elimination or
      safeguarding of MANPADS and other conventional weapons.
        (7) Activities to secure and safeguard MANPADS and other
      conventional weapons.
        (8) Actions to ensure that equipment and funds, including
      security upgrades at locations for the storage or disposition of
      MANPADS and other conventional weapons and related equipment that
      are determined by the Secretary of State to pose a proliferation
      threat, continue to be used for authorized purposes.
    (c) Rule of construction
      Nothing in this section shall be construed to affect the
    authorities of the Secretary of Defense.

-SOURCE-
    (Pub. L. 109-472, Sec. 11, Jan. 11, 2007, 120 Stat. 3557.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of State
    Authorities Act of 2006, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.

-End-


-CITE-
    22 USC SUBCHAPTER III - GENERAL AND ADMINISTRATIVE
           PROVISIONS                                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS

-HEAD-
          SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS      

-End-


-CITE-
    22 USC Part I - General Provisions                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
                        PART I - GENERAL PROVISIONS                    

-End-



-CITE-
    22 USC Sec. 2351                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2351. Encouragement of free enterprise and private
      participation

-STATUTE-
    (a) Policy of United States
      The Congress of the United States recognizes the vital role of
    free enterprise in achieving rising levels of production and
    standards of living essential to economic progress and development.
    Accordingly, it is declared to be the policy of the United States
    to encourage the efforts of other countries to increase the flow of
    international trade, to foster private initiative and competition,
    to encourage the development and use of cooperatives, credit
    unions, and savings and loan associations, to discourage
    monopolistic practices, to improve the technical efficiency of
    their industry, agriculture, and commerce, and to strengthen free
    labor unions; and to encourage the contribution of United States
    enterprise toward economic strength of less developed friendly
    countries, through private trade and investment abroad, private
    participation in programs carried out under this chapter (including
    the use of private trade channels to the maximum extent practicable
    in carrying out such programs), and exchange of ideas and technical
    information on the matters covered by this subsection.
    (b) Action by President to facilitate participation to maximum
      extent
      In order to encourage and facilitate participation by private
    enterprise to the maximum extent practicable in achieving any of
    the purposes of this chapter, the President shall - 
        (1) make arrangements to find, and draw the attention of
      private enterprise to, opportunities for investment and
      development in less-developed friendly countries and areas;
        (2) establish an effective system for obtaining adequate
      information with respect to the activities of, and opportunities
      for, nongovernmental participation in the development process,
      and for utilizing such information in the planning, direction,
      and execution of programs carried out under this chapter, and in
      the coordination of such programs with the ever-increasing
      developmental activities of nongovernmental United States
      institutions;
        (3) accelerate a program of negotiating treaties for commerce
      and trade, including tax treaties, which shall include provisions
      to encourage and facilitate the flow of private investment to,
      and its equitable treatment in, friendly countries and areas
      participating in programs under this chapter;
        (4) seek, consistent with the national interest, compliance by
      other countries or areas with all treaties for commerce and trade
      and taxes, and take all reasonable measures under this chapter or
      other authority to secure compliance therewith and to assist
      United States citizens in obtaining just compensation for losses
      sustained by them or payments exacted from them as a result of
      measures taken or imposed by any country or area thereof in
      violation of any such treaty;
        (5) to the maximum extent practicable carry out programs of
      assistance through private channels and to the extent practicable
      in conjunction with local private or governmental participation,
      including loans under the authority of section 2151t of this
      title to any individual, corporation, or other body of persons;
        (6) take appropriate steps to discourage nationalization,
      expropriation, confiscation, seizure of ownership or control, of
      private investment and discriminatory or other actions having the
      effect thereof, undertaken by countries receiving assistance
      under this chapter, which divert available resources essential to
      create new wealth, employment, and productivity in those
      countries and otherwise impair the climate for new private
      investment essential to the stable economic growth and
      development of those countries;
        (7) utilize wherever practicable the services of United States
      private enterprise (including, but not limited to, the services
      of experts and consultants in technical fields such as
      engineering); and
        (8) utilize wherever practicable the services of United States
      private enterprise on a cost-plus incentive fee contract basis to
      provide the necessary skills to develop and operate a specific
      project or program of assistance in a less developed friendly
      country or area in any case in which direct private investment is
      not readily encouraged, and provide where appropriate for the
      transfer of equity ownership in such project or program to
      private investors at the earliest feasible time.
    (c) International Private Investment Advisory Council on Foreign
      Aid; establishment; composition; selection of members by
      Administrator; duration of service; Chairman; duties of Council;
      compensation; travel and other expenses; funds for payment of
      expenses of Council
      (1) There is hereby established an International Private
    Investment Advisory Council on Foreign Aid to be composed of such
    number of leading American business specialists as may be selected,
    from time to time, by the Administrator of the Agency for
    International Development for the purpose of carrying out the
    provisions of this subsection. The members of the Council shall
    serve at the pleasure of the Administrator, who shall designate one
    member to serve as Chairman.
      (2) It shall be the duty of the Council, at the request of the
    Administrator, to make recommendations to the Administrator with
    respect to particular aspects of programs and activities under this
    chapter where private enterprise can play a contributing role and
    to act as liaison for the Administrator to involve specific private
    enterprises in such programs and activities.
      (3) The members of the Advisory Council shall receive no
    compensation for their services but shall be entitled to
    reimbursement in accordance with section 5703 of title 5 for travel
    and other expenses incurred by them in the performance of their
    functions under this subsection.
      (4) The expenses of the Advisory Council shall be paid by the
    Administrator from funds otherwise available under this chapter.
    (d) Engineering and professional services of United States firms
      It is the sense of Congress that the Agency for International
    Development should continue to encourage, to the maximum extent
    consistent with the national interest, the utilization of
    engineering and professional services of United States firms
    (including, but not limited to, any corporation, company,
    partnership, or other association) or by an affiliate of such
    United States firms in connection with capital projects financed by
    funds authorized under this chapter.
    (e) Contracts on basis of competitive selection procedures
      (1) The Congress finds that significantly greater effort must be
    made in carrying out programs under subchapter I of this chapter to
    award contracts on the basis of competitive selection procedures.
    All such contracts should be let on the basis of competitive
    selection procedures except in those limited cases in which the
    procurement regulations governing the agency primarily responsible
    for administering subchapter I of this chapter allow noncompetitive
    procedures to be used.
      (2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
    1981, 95 Stat. 1560.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 601, Sept. 4, 1961, 75 Stat. 438;
    Pub. L. 88-205, pt. III, Sec. 301(a), (b), Dec. 16, 1963, 77 Stat.
    385; Pub. L. 88-633, pt. III, Sec. 301(a), (b), Oct. 7, 1964, 78
    Stat. 1012; Pub. L. 89-583, pt. III, Sec. 301(a), Sept. 19, 1966,
    80 Stat. 803; Pub. L. 90-137, pt. III, Sec. 301(a), Nov. 14, 1967,
    81 Stat. 458; Pub. L. 95-424, title I, Sec. 102(g)(2)(B), title V,
    Sec. 501, Oct. 6, 1978, 92 Stat. 942, 956; Pub. L. 97-113, title
    VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b) and (d), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1981 - Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which
    required reports to Congress on Agency for International
    Development contracts over $100,000 entered into without
    competitive selection. See section 2394(a)(2)(F) of this title.
      1978 - Subsec. (b)(5). Pub. L. 95-424 substituted "section 2151t"
    for "section 2161".
      Subsec. (e). Pub. L. 95-424 added subsec. (e).
      1967 - Subsec. (c)(3). Pub. L. 90-137 substituted reference to
    section 5703 for former section 73b-2 of title 5.
      1966 - Subsec. (b)(2) to (8). Pub. L. 89-583, Sec. 301(a)(1)-(3),
    added par. (2), redesignated former pars. (2) to (6) as (3) to (7),
    respectively, and added par. (8).
      Subsec. (c). Pub. L. 89-583, Sec. 301(a)(4), substituted
    provisions relating to International Private Investment Advisory
    Council on Foreign Aid for former provisions relating to Advisory
    Committee on Private Enterprise in Foreign Aid.
      1964 - Subsec. (c)(4). Pub. L. 88-633, Sec. 301(a), substituted
    "June 30, 1965" for "December 31, 1964".
      Subsec. (d). Pub. L. 88-633, Sec. 301(b), added subsec. (d).
      1963 - Subsec. (b). Pub. L. 88-205, Sec. 301(a), substituted "to
    the maximum extent practicable" for "wherever appropriate" in par.
    (4), and added pars. (5) and (6).
      Subsec. (c). Pub. L. 88-205, Sec. 301(b), added subsec. (c).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                      TERMINATION OF ADVISORY COUNCIL                  
      Advisory council in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a council established by the President
    or an officer of the Federal Government, such council is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a council established by the Congress, its
    duration is otherwise provided by law. See sections 3(2) and 14 of
    Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    22 USC Sec. 2352                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2352. Small business

-STATUTE-
    (a) Assistance for participation in furnishing of commodities,
      defense articles, and services
      Insofar as practicable and to the maximum extent consistent with
    the accomplishment of the purposes of this chapter, the President
    shall assist American small business to participate equitably in
    the furnishing of commodities, defense articles, and services
    (including defense services) financed with funds made available
    under this chapter - 
        (1) by causing to be made available to suppliers in the United
      States, and particularly to small independent enterprises,
      information, as far in advance as possible, with respect to
      purchases proposed to be financed with such funds;
        (2) by causing to be made available to prospective purchasers
      in the countries and areas receiving assistance under this
      chapter information as to such commodities, articles, and
      services produced by small independent enterprises in the United
      States; and
        (3) by providing for additional services to give small business
      better opportunities to participate in the furnishing of such
      commodities, articles, and services financed with such funds.
    (b) Office of Small Business
      There shall be an Office of Small Business, headed by a Special
    Assistant for Small Business, in such agency of the United States
    Government as the President may direct, to assist in carrying out
    the provisions of subsection (a) of this section.
    (c) Information with respect to certain purchases by Department of
      Defense
      The Secretary of Defense shall assure that there is made
    available to suppliers in the United States, and particularly to
    small independent enterprises, information with respect to
    purchases made by the Department of Defense pursuant to subchapter
    II of this chapter, such information to be furnished as far in
    advance as possible.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 602, Sept. 4, 1961, 75 Stat. 439.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
      REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter II of this chapter are deemed to exclude
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
        REPORTS ON PARTICIPATION BY SMALL BUSINESSES IN PROCUREMENT
                            CONTRACTS OF USAID
      Pub. L. 107-228, div. A, title VI, Sec. 687, Sept. 30, 2002, 116
    Stat. 1411, provided that:
      "(a) Initial Report. - Not later than 120 days after the date of
    the enactment of this Act [Sept. 30, 2002], the Administrator shall
    submit to the designated congressional committees a report that
    contains the following:
        "(1) For each of the fiscal years 2000, 2001, and 2002:
          "(A) The total number of the contracts that were awarded by
        the Agency to - 
            "(i) all small businesses;
            "(ii) small business concerns owned and controlled by
          socially and economically disadvantaged individuals;
            "(iii) small business concerns owned and controlled by
          women;
            "(iv) small businesses participating in the program under
          section 8(a) of such Act [probably means section 8(a) of the
          Small Business Act] (15 U.S.C. 637(a)); and
            "(v) qualified HUBZone small business concerns.
          "(B) The percentage of all contracts awarded by the Agency
        that were awarded to the small businesses in each category of
        small businesses specified in clauses (i) through (v) of
        subparagraph (A), as computed on the basis of dollar amounts.
          "(C) Of all contracts awarded by the Agency for performance
        in the United States, the percentage of the contracts that were
        awarded to the small businesses in each category of small
        businesses specified in clauses (i) through (v) of subparagraph
        (A), as computed on the basis of dollar amounts.
          "(D) To the extent available - 
            "(i) the total number of grant and cooperative agreements
          that were made by the Agency to the small businesses in each
          category of small businesses specified in clauses (i) through
          (v) of subparagraph (A);
            "(ii) the percentage of all grant and cooperative
          agreements awarded by the Agency that were awarded to small
          businesses in each category of small businesses specified in
          clauses (i) through (v) of subparagraph (A), as computed on
          the basis of dollar amounts; and
            "(iii) of all grant and cooperative agreements made by the
          Agency to entities in the United States, the percentage of
          the grant and cooperative agreements that were awarded to
          small businesses in each category of small businesses
          specified in clauses (i) through (v) of subparagraph (A), as
          computed on the basis of dollar amounts.
          "(E) To the extent available - 
            "(i) the total dollar amount of all subcontracts entered
          into with the small businesses in each category specified in
          clauses (i) through (v) of subparagraph (A) by the prime
          contractors for contracts entered into by the Agency; and
            "(ii) the percentage of all contracts entered into by the
          Agency that were performed under subcontracts described in
          clause (i), as computed on the basis of dollar amounts.
        "(2) An analysis of any specific industries or sectors that are
      underrepresented by small businesses in the awarding of contracts
      by the Agency and, to the extent such information is available,
      such analysis pertaining to the making of grants and cooperative
      agreements by the Agency.
        "(3) A specific plan of outreach, including measurable
      achievement milestones, to increase the total number of contracts
      that are awarded by the Agency, and the percentage of all
      contracts awarded by the Agency (computed on the basis of dollar
      amount) that are awarded, to - 
          "(A) all small businesses;
          "(B) small business concerns owned and controlled by socially
        and economically disadvantaged individuals;
          "(C) small business concerns owned and controlled by women;
          "(D) small businesses participating in the program under
        section 8(a) of such Act (15 U.S.C. 637(a)); and
          "(E) qualified HUBZone small business concerns,

      in order to meet the statutory and voluntary targets established
      by the Agency and the Small Business Administration, with a
      particular focus on the industries or sectors identified in
      paragraph (2).
        "(4) Any other information the Administrator determines
      appropriate.
      "(b) Plan To Increase Small Business Contracting. - The plan
    required for the report under subsection (a)(3) shall include the
    following matters:
        "(1) Proposals and milestones that apply to all contracts
      entered into by or on behalf of the Agency in Washington, D.C.,
      and proposals and milestones that apply to all contracts entered
      into by or on behalf of the Agency by offices outside Washington,
      D.C.
        "(2) Proposals and milestones of the Agency to increase the
      amount of subcontracting to businesses described in such
      subsection (a)(3) by the prime contractors of the Agency.
        "(3) With the milestones described in paragraph (2), a
      description of how the Administrator plans to use the failure of
      a prime contractor to meet goals as a ranking factor for
      evaluating any other submission from the contractor for future
      contracts by the Agency.
      "(c) Annual Reports. - Not later than January 31, 2004, January
    31, 2005, and January 31, 2006, the Administrator shall submit to
    the designated congressional committees a report for the preceding
    fiscal year that contains a description of the percentage of total
    contract and grant and cooperative agreement dollar amounts that
    were entered into by the Agency, and the total number of contracts
    and grants and cooperative agreements that were awarded by the
    Agency, to small businesses in each category specified in clauses
    (i) through (v) of subsection (a)(1)(A) during such fiscal year.
    The report for a fiscal year shall include, separately stated for
    contracts and grant and cooperative agreements entered into by the
    Agency, the percentage of the contracts and grant and cooperative
    agreements, respectively, that were awarded to small businesses in
    each such category, as computed on the basis of dollar amounts. The
    report shall also include a description of achievements toward
    measurable milestones for direct contracts of the Agency entered
    into by offices outside of Washington, D.C., and for subcontracting
    by prime contractors of the Agency.
      "(d) Definitions. - In this section:
        "(1) Administrator. - The term 'Administrator' means the
      Administrator of the United States Agency for International
      Development.
        "(2) Agency. - The term 'Agency' means the United States Agency
      for International Development.
        "(3) Designated congressional committees. - The term
      'designated congressional committees' means - 
          "(A) the Committee on International Relations and the
        Committee on Small Business of the House of Representatives;
        and
          "(B) the Committee on Foreign Relations and the Committee on
        Small Business [now Committee on Small Business and
        Entrepreneurship] of the Senate."

              OFFICE IN AGENCY FOR INTERNATIONAL DEVELOPMENT          
      For location of the Office of Small Business, provided for in
    subsec. (b), in the United States Agency for International
    Development, see section 1-200(d) of Ex. Ord. No. 12163, Sept. 29,
    1979, 44 F.R. 56673, as amended, set out as a note under section
    2381 of this title.

                    PROCUREMENTS FROM SMALL BUSINESSES                
      Pub. L. 94-329, title VI, Sec. 602, June 30, 1976, 90 Stat. 766,
    provided that: "In order to encourage procurements from small
    business concerns under chapter 4 of the Foreign Assistance Act of
    1961 [part IV of subchapter II of this chapter], the Administrator
    of the Agency for International Development shall report to the
    Congress every six months on the extent to which small businesses
    have participated in procurements under such chapter [part] and on
    what efforts the Agency has made to foster such procurements from
    small business concerns. The Small Business Administration shall
    lend all available assistance to the Agency for the purposes of
    carrying out this section."
      [For termination, effective May 15, 2000, of reporting provisions
    in section 602 of Pub. L. 94-329, set out above, see section 3003
    of Pub. L. 104-66, as amended, set out as a note under section 1113
    of Title 31, Money and Finance, and page 130 of House Document No.
    103-7.]

-End-



-CITE-
    22 USC Sec. 2353                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2353. Shipping on United States vessels

-STATUTE-
      The ocean transportation between foreign countries of commodities
    and defense articles purchased with foreign currencies made
    available or derived from funds made available under this chapter
    or the Agricultural Trade Development and Assistance Act of 1954,
    as amended [7 U.S.C. 1691 et seq.], and transfers of fresh fruit
    and products thereof under this chapter, shall not be governed by
    the provisions of section 55305 of title 46, or any other law
    relating to the ocean transportation of commodities on United
    States flag vessels.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 603, Sept. 4, 1961, 75 Stat. 439.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Agricultural Trade Development and Assistance Act of 1954, as
    amended, referred to in text, is act July 10, 1954, ch. 469, 68
    Stat. 454, as amended, which is classified principally to chapter
    41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1691 of Title 7 and Tables.

-COD-
                               CODIFICATION                           
      In text, "section 55305 of title 46" substituted for "section
    901(b) of the Merchant Marine Act of 1936, as amended (46 U.S.C.
    1241)" on authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006,
    120 Stat. 1709, which Act enacted section 55305 of Title 46,
    Shipping.

-End-



-CITE-
    22 USC Sec. 2354                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2354. Procurement

-STATUTE-
    (a) Limitations on procurement outside United States
      (1) Funds made available for assistance under this chapter may be
    used by the President for procurement - 
        (A) only in the United States, the recipient country, or
      developing countries; or
        (B) in any other country but only if - 
          (i) the provision of such assistance requires commodities or
        services of a type that are not produced in and available for
        purchase in any country specified in subparagraph (A); or
          (ii) the President determines, on a case-by-case basis, that
        procurement in such other country is necessary - 
            (I) to meet unforeseen circumstances, such as emergency
          situations, where it is important to permit procurement in a
          country not specified in subparagraph (A); or
            (II) to promote efficiency in the use of United States
          foreign assistance resources, including to avoid impairment
          of foreign assistance objectives.

      (2) For purposes of this subsection, the term "developing
    countries" shall not include advanced developing countries.
    (b) Purchases in bulk
      No funds made available under this chapter shall be used for the
    purchase in bulk of any commodities at prices higher than the
    market price prevailing in the United States at the time of
    purchase, adjusted for differences in the cost of transportation to
    destination, quality, and terms of payment.
    (c) Agricultural commodities or products thereof available for
      disposition under Agricultural Trade Development and Assistance
      Act of 1954
      In providing for the procurement of any agricultural commodity or
    product thereof available for disposition under the Agricultural
    Trade Development and Assistance Act of 1954, as amended [7 U.S.C.
    1691 et seq.], for transfer by grant under this chapter to any
    recipient country in accordance with its requirements, the
    President shall, insofar as practicable and when in furtherance of
    the purposes of this chapter, authorize the procurement of such
    agricultural commodity only within the United States except to the
    extent that such agricultural commodity is not available in the
    United States in sufficient quantities to supply emergency
    requirements of recipients under this chapter.
    (d) Marine insurance
      In providing assistance in the procurement of commodities in the
    United States, United States dollars shall be made available for
    marine insurance on such commodities where such insurance is placed
    on a competitive basis in accordance with normal trade practice
    prevailing prior to the outbreak of World War II: Provided, That in
    the event a participating country, by statute, decree, rule, or
    regulation, discriminates against any marine insurance company
    authorized to do business in any State of the United States, then
    commodities purchased with funds provided hereunder and destined
    for such country shall be insured in the United States against
    marine risk with a company or companies authorized to do a marine
    insurance business in any State of the United States.
    (e) Parity for domestic commodities prior to use of funds outside
      United States
      No funds made available under this chapter shall be used for the
    procurement of any agricultural commodity or product thereof
    outside the United States when the domestic price of such commodity
    is less than parity, unless the commodity to be financed could not
    reasonably be procured in the United States in fulfillment of the
    objectives of a particular assistance program under which such
    commodity procurement is to be financed.
    (f) Commodity eligibility
      No funds authorized to be made available to carry out subchapter
    I of this chapter shall be used under any commodity import program
    to make any payment to a supplier unless the supplier has certified
    to the agency primarily responsible for administering such
    subchapter I, such information as such agency shall by regulation
    prescribe, including but not limited to, a description of the
    commodity supplied by him and its condition, and, on the basis of
    such information such agency shall have approved such commodity as
    eligible and suitable for financing under this chapter.
    (g) Construction or engineering services; applicability to advanced
      developing country
      (1) None of the funds authorized to be appropriated or made
    available for obligation or expenditure under this chapter may be
    made available for the procurement of construction or engineering
    services from advanced developing countries, eligible under the
    Geographic Code 941, which have attained a competitive capability
    in international markets for construction services or engineering
    services.
      (2) Paragraph (1) does not apply with respect to an advanced
    developing country which - 
        (A) is receiving direct economic assistance under part I of
      subchapter I of this chapter or part IV of subchapter II of this
      chapter, and
        (B) if the country has its own foreign assistance programs
      which finance the procurement of construction or engineering
      services, permits United States firms to compete for those
      services.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 604, Sept. 4, 1961, 75 Stat. 439;
    Pub. L. 89-583, pt. III, Sec. 301(b), Sept. 19, 1966, 80 Stat. 804;
    Pub. L. 90-554, pt. III, Sec. 301(a), Oct. 8, 1968, 82 Stat. 963;
    Pub. L. 96-533, title VII, Sec. 705, Dec. 16, 1980, 94 Stat. 3157;
    Pub. L. 99-83, title XII, Sec. 1207, Aug. 8, 1985, 99 Stat. 278;
    Pub. L. 102-391, title V, Sec. 597, Oct. 6, 1992, 106 Stat. 1694.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) to (c) and (e) to
    (g)(1), was in the original "this Act", meaning Pub. L. 87-195,
    Sept. 4, 1961, 75 Stat. 424, as amended, known as the Foreign
    Assistance Act of 1961. For complete classification of this Act to
    the Code, see Short Title note set out under section 2151 of this
    title and Tables.
      The Agricultural Trade Development and Assistance Act of 1954, as
    amended, referred to in subsec. (c), is act July 10, 1954, ch. 469,
    68 Stat. 454, as amended, which is classified principally to
    chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1691 of Title 7 and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-391 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows: "Funds
    made available under this chapter may be used for procurement
    outside the United States only if the President determines that
    such procurement will not result in adverse effects upon the
    economy of the United States or the industrial mobilization base,
    with special reference to any areas of labor surplus or to the net
    position of the United States in its balance of payments with the
    rest of the world, which outweigh the economic or other advantages
    to the United States of less costly procurement outside the United
    States, and only if the price of any commodity procured in bulk is
    lower than the market price prevailing in the United States at the
    time of procurement, adjusted for differences in the cost of
    transportation to destination, quality, and terms of payment."
      1985 - Subsec. (g). Pub. L. 99-83 designated existing provisions
    as par. (1) and added par. (2).
      1980 - Subsec. (e). Pub. L. 96-533, Sec. 705(a), authorized use
    of funds for procurement of a commodity outside the United States
    when the commodity to be financed could not reasonably be procured
    in the United States in fulfillment of objectives of a particular
    assistance program under which such commodity procurement is to be
    financed.
      Subsec. (g). Pub. L. 96-533, Sec. 705(b), added subsec. (g).
      1968 - Subsec. (f). Pub. L. 90-554 added subsec. (f).
      1966 - Subsec. (c). Pub. L. 89-583, Sec. 301(b)(1), struck out
    "surplus" before "agricultural commodity" in three places and
    inserted "or products thereof available for disposition under the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended," after "commodity" where first appearing.
      Subsec. (e). Pub. L. 89-583, Sec. 301(b)(2), added subsec. (e).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2355                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2355. Retention and use of certain items and funds

-STATUTE-
    (a) Commodities and defense articles; disposal to prevent spoilage
      or wastage or to conserve usefulness; funds realized from
      disposal or transfer
      Any commodities and defense articles procured to carry out this
    chapter shall be retained by, or upon reimbursement, transferred
    to, and for the use of, such agency of the United States Government
    as the President may determine in lieu of being disposed of to a
    foreign country or international organization, whenever in the
    judgment of the President the best interests of the United States
    will be served thereby, or whenever such retention is called for by
    concurrent resolution. Any commodities or defense articles so
    retained may be disposed of without regard to provisions of law
    relating to the disposal of property owned by the United States
    Government, when necessary to prevent spoilage or wastage of such
    commodities or defense articles or to conserve the usefulness
    thereof. Funds realized from any disposal or transfer shall revert
    to the respective appropriation, fund, or account used to procure
    such commodities or defense articles or to the appropriation, fund,
    or account currently available for the same general purpose.
    (b) Commodities transferred as repayment of assistance
      Whenever commodities are transferred to the United States
    Government as repayment of assistance under this chapter, such
    commodities may be used in furtherance of the purposes and within
    the limitations of this chapter.
    (c) Funds realized as result of illegal transactions
      Funds realized as a result of any failure of a transaction
    financed under authority of subchapter I of this chapter to conform
    to the requirements of this chapter, or to applicable rules and
    regulations of the United States Government, or to the terms of any
    agreement or contract entered into under authority of subchapter I
    of this chapter, shall revert to the respective appropriation,
    fund, or account used to finance such transaction or to the
    appropriation, fund, or account currently available for the same
    general purpose.
    (d) Funds realized from sale, transfer, or disposal of returned
      defense articles
      Funds realized by the United States Government from the sale,
    transfer, or disposal of defense articles returned to the United
    States Government by a recipient country or international
    organization as no longer needed for the purpose for which
    furnished shall be credited to the respective appropriation, fund,
    or account used to procure such defense articles or to the
    appropriation, fund, or account currently available for the same
    general purpose.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 605, Sept. 4, 1961, 75 Stat. 440;
    Pub. L. 89-171, pt. III, Sec. 301(a), Sept. 6, 1965, 79 Stat. 658.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) to (c), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1965 - Subsecs. (c), (d). Pub. L. 89-171 added subsecs. (c) and
    (d).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2356                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2356. Patents and technical information

-STATUTE-
    (a) Practice of invention or disclosure of information; suits
      against United States for reasonable compensation; jurisdiction;
      limitation of action; defenses
      Whenever, in connection with the furnishing of assistance under
    this chapter - 
        (1) an invention or discovery covered by a patent issued by the
      United States Government is practiced within the United States
      without the authorization of the owner, or
        (2) information, which is (A) protected by law, and (B) held by
      the United States Government subject to restrictions imposed by
      the owner, is disclosed by the United States Government or any of
      its officers, employees, or agents in violation of such
      restrictions,

    the exclusive remedy of the owner, except as provided in subsection
    (b) of this section, is to sue the United States Government for
    reasonable and entire compensation for such practice or disclosure
    in the district court of the United States for the district in
    which such owner is a resident, or in the United States Court of
    Federal Claims, within six years after the cause of action arises.
    Any period during which the United States Government is in
    possession of a written claim under subsection (b) of this section
    before mailing a notice of denial of that claim does not count in
    computing the six years. In any such suit, the United States
    Government may plead any defense that may be pleaded by a private
    person in such an action. The last paragraph of section 1498(a) of
    title 28 shall apply to inventions and information covered by this
    section.
    (b) Settlement of claims
      Before suit against the United States Government has been
    instituted, the head of the agency of the United States Government
    concerned may settle and pay any claim arising under the
    circumstances described in subsection (a) of this section. No claim
    may be paid under this subsection unless the amount tendered is
    accepted by the claimant in full satisfaction.
    (c) Drug products manufactured outside the United States
      Funds appropriated pursuant to this chapter shall not be expended
    by the United States Government for the acquisition of any drug
    product or pharmaceutical product manufactured outside the United
    States if the manufacture of such drug product or pharmaceutical
    product in the United States would involve the use of, or be
    covered by, an unexpired patent of the United States which has not
    previously been held invalid by an unappealed or unappealable
    judgment or decree of a court of competent jurisdiction, unless
    such manufacture is expressly authorized by the owner of such
    patent.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 606, Sept. 4, 1961, 75 Stat. 440;
    Pub. L. 97-164, title I, Sec. 160(a)(6), Apr. 2, 1982, 96 Stat. 48;
    Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
    4516.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (c), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".
      1982 - Subsec. (a). Pub. L. 97-164 substituted "United States
    Claims Court" for "Court of Claims".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

-End-



-CITE-
    22 USC Sec. 2357                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2357. Furnishing of services and commodities

-STATUTE-
    (a) Advance-of-funds or reimbursement basis
      Whenever the President determines it to be consistent with and in
    furtherance of the purposes of subchapter I of this chapter and
    within the limitations of this chapter, any agency of the United
    States Government is authorized to furnish services and commodities
    on an advance-of-funds or reimbursement basis to friendly
    countries, international organizations, the American Red Cross, and
    voluntary nonprofit relief agencies registered with and approved by
    the Agency for International Development (including foreign
    voluntary nonprofit relief agencies so registered and approved when
    no United States voluntary nonprofit relief agency is available).
    Such advances or reimbursements may be credited to the currently
    applicable appropriation, account, or fund of the agency concerned
    and shall be available for the purposes for which such
    appropriation, account, or fund is authorized to be used, under the
    following circumstances:
        (1) Advances or reimbursements which are received under this
      section within one hundred and eighty days after the close of the
      fiscal year in which such services and commodities are delivered.
        (2) Advances or reimbursements received pursuant to agreements
      executed under this section in which reimbursement will not be
      completed within one hundred and eighty days after the close of
      the fiscal year in which such services and commodities are
      delivered: Provided, That such agreements require the payment of
      interest at the current rate established pursuant to section
      635(b)(1)(B) of title 12, and repayment of such principal and
      interest does not exceed a period of three years from the date of
      signing of the agreement to provide the service: Provided
      further, That funds available for this paragraph in any fiscal
      year shall not exceed $1,000,000 of the total funds authorized
      for use in such fiscal year by part I of subchapter I of this
      chapter, and shall be available only to the extent provided in
      appropriation Acts. Interest shall accrue as of the date of
      disbursement to the agency or organization providing such
      services.
    (b) Agency contracts with individuals to perform services
      When any agency of the United States Government provides services
    on an advance-of-funds or reimbursable basis under this section,
    such agency may contract with individuals for personal service
    abroad or in the United States to perform such services or to
    replace officers or employees of the United States Government who
    are assigned by the agency to provide such services. Such
    individuals shall not be regarded as employees of the United States
    Government for the purpose of any law administered by the Director
    of the Office of Personnel Management.
    (c) Excess property
      (1) Except as provided in subsection (d) of this section, no
    Government-owned excess property shall be made available under this
    section, section 2358 of this title, or otherwise in furtherance of
    the purposes of subchapter I of this chapter, unless, before the
    shipment of such property for use in a specified country (or
    transfer, if the property is already in such country), the agency
    administering such subchapter I has approved such shipment (or
    transfer) and made a written determination - 
        (A) that there is a need for such property in the quantity
      requested and that such property is suitable for the purpose
      requested;
        (B) as to the status and responsibility of the designated end-
      user and his ability effectively to use and maintain such
      property; and
        (C) that the residual value, serviceability, and appearance of
      such property would not reflect unfavorably on the image of the
      United States and would justify the costs of packing, crating,
      handling, transportation, and other accessorial costs, and that
      the residual value at least equals the total of these costs.

      (2) For purposes of transferring property described in this
    subsection in furtherance of the provisions of part VIII of
    subchapter I of this chapter, the phrase "the agency administering
    such subchapter I" shall be considered to refer to the Department
    of State.
    (d) Transfer of Government-owned excess property to enhance
      environmental protection in foreign countries
      The Secretary of State, acting through the Assistant Secretary of
    State for Oceans and International Environmental and Scientific
    Affairs, is authorized to transfer to any friendly country,
    international organization, the American Red Cross, or other
    voluntary nonprofit relief agency described in subsection (a) of
    this section, Government-owned excess property made available under
    this section or section 2358 of this title in order to support
    activities carried out under subchapter I of this chapter which are
    designed to enhance environmental protection in foreign countries
    if the Secretary of State makes a written determination - 
        (1) that there is a need for such property in the quantity
      requested and that such property is suitable for the purpose
      requested;
        (2) as to the status and responsibility of the designated end-
      user and his ability effectively to use and maintain such
      property; and
        (3) that the residual value, serviceability, and appearance of
      such property would not reflect unfavorably on the image of the
      United States and would justify the costs of packing, crating,
      handling, transportation, and other accessorial costs, and that
      the residual value at least equals the total of these costs.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 607, Sept. 4, 1961, 75 Stat. 441;
    Pub. L. 90-554, pt. III, Sec. 301(b), Oct. 8, 1968, 82 Stat. 963;
    Pub. L. 94-161, title III, Sec. 315, Dec. 20, 1975, 89 Stat. 867;
    Pub. L. 95-88, title I, Sec. 122(a), Aug. 3, 1977, 91 Stat. 541;
    Pub. L. 95-424, title V, Sec. 503, Oct. 6, 1978, 92 Stat. 959; 1978
    Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92
    Stat. 3783; Pub. L. 96-53, title I, Sec. 121, Aug. 14, 1979, 93
    Stat. 366; Pub. L. 99-93, title I, Sec. 129, Aug. 16, 1985, 99
    Stat. 419.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

                                AMENDMENTS                            
      1985 - Subsec. (c)(1). Pub. L. 99-93, Sec. 129(1)(A), (B),
    designated existing provisions of subsec. (c) as par. (1),
    redesignated existing pars. (1), (2), and (3) as subpars. (A), (B),
    and (C), respectively, and in introductory provisions of par. (1)
    as so designated substituted "Except as provided in subsection (d)
    of this section, no" for "No".
      Subsec. (c)(2). Pub. L. 99-93, Sec. 129(1)(C), added par. (2).
      Subsec. (d). Pub. L. 99-93, Sec. 129(2), added subsec. (d).
      1979 - Subsec. (a). Pub. L. 96-53 substituted "Agency for
    International Development" for "Advisory Committee on Voluntary
    Foreign Aid".
      1978 - Subsecs. (b), (c). Pub. L. 95-424 added subsec. (b) and
    redesignated former subsec. (b) as (c).
      1977 - Subsec. (a). Pub. L. 95-88 inserted "(including foreign
    voluntary nonprofit relief agencies so registered and approved when
    no United States voluntary nonprofit relief agency is available)"
    after "and voluntary nonprofit relief agencies registered with and
    approved by the Advisory Committee on Voluntary Foreign Aid" in
    provisions preceding par. (1).
      1975 - Subsec. (a). Pub. L. 94-161 substituted "currently" for
    "current", incorporated text following "Such advances or
    reimbursements" in provisions designated cl. (1) and added cl. (2).
      1968 - Pub. L. 90-554 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                                REGULATIONS                            
      Section 122(b) of Pub. L. 95-88 provided that: "For purposes of
    implementing the amendment made by subsection (a) [amending this
    section], the President shall issue regulations governing
    registration with and approval by the Advisory Committee on
    Voluntary Foreign Aid of foreign voluntary nonprofit agencies."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (b) pursuant to Reorg. Plan
    No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred all functions vested by statute in the
    United States Civil Service Commission to the Director of the
    Office of Personnel Management (except as otherwise specified),
    effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord.
    No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101
    of Title 5.

                      AUTHORITY OF SECRETARY OF STATE                  
      Except as otherwise provided, Secretary of State to have and
    exercise any authority vested by law in any official or office of
    Department of State and references to such officials or offices
    deemed to refer to Secretary of State or Department of State, as
    appropriate, see section 2651a of this title and section 161(d) of
    Pub. L. 103-236, set out as a note under section 2651a of this
    title.

                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

                          DELEGATION OF AUTHORITY                      
      Memorandum of President of the United States, Feb. 16, 1995, 60
    F.R. 10793, provided:
      Memorandum for the Secretary of State [and] the Administrator of
    the Agency for International Development
      By virtue of the authority vested in me by the Constitution and
    laws of the United States of America, including section 301 of
    title 3 of the United States Code, I hereby delegate as follows
    certain authorities vested in the President:
      (A) the functions under section 607 of the Foreign Assistance Act
    of 1961, as amended (FAA) [22 U.S.C. 2357], to the Secretary of
    State and to the Administrator of the Agency for International
    Development, respectively, for matters within their respective
    areas of responsibility; and
      (B) the functions in the first proviso under the heading
    "Population, Development Assistance," contained in title II of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1995 (Public Law 103-306) [108 Stat. 1611], and
    in comparable provisions in successor legislation, to the Secretary
    of State relating to those organizations and programs for which the
    Secretary of State has funding responsibility.
      The delegations of authority described in subparagraph (A) are in
    addition to other delegations of such authority to the
    International Development Cooperation Agency.
      The delegation of authority described above in subparagraph (B)
    shall be exercised in lieu of the delegation of the comparable
    authority to the Administrator of the Agency for International
    Development by section 1-102(a)(7) of Executive Order No. 12163, as
    amended [22 U.S.C. 2381 note].
      Any reference in this memorandum to any Act, order,
    determination, or delegation of authority shall be deemed to be a
    reference to such Act, order, determination, or delegation of
    authority as amended from time to time.
      The functions delegated by this memorandum may be redelegated
    within the Department of State or the Agency for International
    Development, as appropriate.
      The Secretary of State is authorized and directed to publish this
    memorandum in the Federal Register.
                                                     William J. Clinton.


-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    22 USC Sec. 2358                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2358. Foreign and domestic excess property

-STATUTE-
    (a) Advance acquisition of property; special account for payment of
      costs; limitation; use of property
      It is the sense of the Congress that in furnishing assistance
    under subchapter I of this chapter excess personal property, or (if
    a substantial savings would occur) other property already owned by
    an agency of the United States Government, shall be utilized
    wherever practicable in lieu of or supplementary to the procurement
    of new items for United States-assisted projects and programs. The
    President is authorized to maintain in a separate account, which
    shall, notwithstanding section 1535(d) of title 31, be free from
    fiscal year limitation, $5,000,000 of funds made available under
    part I of subchapter I of this chapter, which may be used to pay
    costs (including personnel costs) of acquisition, storage,
    renovation and rehabilitation, packing, crating, handling,
    transportation, and related costs of property classified as
    domestic or foreign excess property pursuant to the Federal
    Property and Administrative Services Act of 1949, as amended,(!1)
    any property available from an agency of the United States
    Government, or other property, in advance of known requirements
    therefor for use in furtherance of the purposes of subchapter I of
    this chapter: Provided, That the amount of property classified as
    domestic excess property pursuant to the Federal Property and
    Administrative Services Act of 1949, as amended,(!1) held at any
    one time pursuant to this section shall not exceed $15,000,000 in
    total original acquisition cost. Property acquired pursuant to the
    preceding sentence may be furnished (1) pursuant to any provision
    of subchapter I of this chapter for which funds are authorized for
    the furnishing of assistance, in which case the separate account
    established pursuant to this section shall be repaid from funds
    made available for such provision for all costs incurred, or (2)
    pursuant to section 2357 of this title, in which case such separate
    account shall be repaid in accordance with the provisions of that
    section for all costs incurred.

    (b) Transfer of domestic excess property
      Property classified as domestic excess property under the Federal
    Property and Administrative Services Act of 1949, as amended,(!1)
    shall not be transferred to the agency primarily responsible for
    administering subchapter I of this chapter for use pursuant to the
    provisions of subchapter I of this chapter or section 2357 of this
    title unless (1) such property is transferred for use exclusively
    by an agency of the United States Government, or (2) it has been
    determined in the same manner as provided for surplus property in
    section 549(a) to (e) of title 40, that such property is not needed
    for donation pursuant to those subsections. The foregoing
    restrictions shall not apply to the transfer in any fiscal year for
    use pursuant to the provisions of subchapter I of this chapter of
    amounts of such property with a total original acquisition cost to
    the United States Government not exceeding $45,000,000.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 608, Sept. 4, 1961, 75 Stat. 441;
    Pub. L. 89-583, pt. III, Sec. 301(c), Sept. 19, 1966, 80 Stat. 804;
    Pub. L. 90-137, pt. III, Sec. 301(b), Nov. 14, 1967, 81 Stat. 458;
    Pub. L. 95-424, title I, Sec. 102(g)(2)(C), Oct. 6, 1978, 92 Stat.
    942; Pub. L. 97-113, title VII, Sec. 701, Dec. 29, 1981, 95 Stat.
    1543.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949, as
    amended, referred to in text, is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 1535(d) of title 31" substituted for
    "section 1210 of the General Appropriation Act, 1951 (64 Stat. 765)
    [31 U.S.C. 686-1]" on authority of Pub. L. 97-258, Sec. 4(b), Sept.
    13, 1982, 96 Stat. 1067, the first section of which enacted Title
    31, Money and Finance.
      In subsec. (b), "section 549(a) to (e) of title 40" substituted
    for "section 203(j) of the Federal Property and Administrative
    Services Act of 1949, as amended" and "those subsections"
    substituted for "that subsection" on authority of Pub. L. 107-217,
    Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of
    which enacted Title 40, Public Buildings, Property, and Works.


-MISC2-
                                AMENDMENTS                            
      1981 - Subsec. (a). Pub. L. 97-113 authorized for subchapter I
    assistance use of property already owned by an agency of the United
    States (if a substantial savings would occur) as supplementary to
    procurement of new items for United States-assisted projects and
    programs and use of separate account funds for payment of costs of
    any property available from an agency of the United States.
      1978 - Subsec. (a). Pub. L. 95-424 substituted "part 1 of
    subchapter 1 of this chapter" for "section 2172 of this title".
      1967 - Subsec. (a). Pub. L. 90-137 required, in furnishing
    assistance under subchapter I of this chapter, utilization of
    excess personal property wherever practicable in lieu of new items
    for United States-assisted projects and programs.
      1966 - Subsec. (a). Pub. L. 89-583 permitted personnel costs
    attributable to the excess property program to be charged to the
    separate account for the advance acquisition of property.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2359                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2359. Repealed.

-MISC1-
    Sec. 2359. Repealed. Pub. L. 105-277, div. A, Sec. 101(d) [title V,
      Sec. 533(a)(5)], Oct. 21, 1998, 112 Stat. 2681-150, 2681-180.
      Section, Pub. L. 87-195, pt. III, Sec. 609, Sept. 4, 1961, 75
    Stat. 442, related to special accounts for proceeds from sales of
    commodities furnished on a grant basis.

-End-



-CITE-
    22 USC Sec. 2360                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2360. Transfer of funds between accounts

-STATUTE-
    (a) Necessity of transfer; limitations
      Whenever the President determines it to be necessary for the
    purposes of this chapter, not to exceed 10 per centum of the funds
    made available for any provision of this chapter (except funds made
    available pursuant to subpart IV of part II of subchapter I of this
    chapter or for section 2763 of this title) may be transferred to,
    and consolidated with, the funds made available for any provision
    of this chapter (except funds made available under part II of
    subchapter II of this chapter), and may be used for any of the
    purposes for which such funds may be used, except that the total in
    the provision for the benefit of which the transfer is made shall
    not be increased by more than 20 per centum of the amount of funds
    made available for such provision.
    (b) Augmentation of other appropriations
      The authority contained in this section and in sections 2261,
    2318 and 2364 of this title, shall not be used to augment
    appropriations made available pursuant to sections 2396(g)(1) and
    2397 of this title or used otherwise to finance activities which
    normally would be financed from appropriations for administrative
    expenses.
    (c) Military and development assistance purposes
      Any funds which the President has notified Congress pursuant to
    section 2413 of this title that he intends to provide in military
    assistance to any country may be transferred to, and consolidated
    with, any other funds he has notified Congress pursuant to such
    section that he intends to provide to that country for development
    assistance purposes.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 610, Sept. 4, 1961, 75 Stat. 442;
    Pub. L. 87-565, pt. III, Sec. 301(a), Aug. 1, 1962, 76 Stat. 260;
    Pub. L. 89-371, Sec. 3, Mar. 18, 1966, 80 Stat. 74; Pub. L. 89-583,
    pt. III, Sec. 301(d), Sept. 19, 1966, 80 Stat. 804; Pub. L. 90-137,
    pt. III, Sec. 301(c), Nov. 14, 1967, 81 Stat. 458; Pub. L. 91-175,
    pt. III, Sec. 301, Dec. 30, 1969, 83 Stat. 820; Pub. L. 93-559,
    Sec. 19(a), Dec. 30, 1974, 88 Stat. 1800; Pub. L. 95-384, Sec.
    10(b)(2), Sept. 26, 1978, 92 Stat. 735; Pub. L. 101-623, Sec.
    10(a), Nov. 21, 1990, 104 Stat. 3356.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-623 inserted "or for section 2763
    of this title" after "subchapter I of this chapter" and struck out
    "other" after second reference to "funds made available for any".
      1978 - Subsec. (b). Pub. L. 95-384 struck out provisions
    authorizing transfer and consolidation of not to exceed $9,000,000
    of the funds appropriated under section 2242 of this title with the
    funds appropriated under section 2397(a) of this title to be
    available solely for additional administrative expenses incurred in
    connection with programs in Vietnam.
      1974 - Subsec. (a). Pub. L. 93-559, Sec. 19(a)(1), inserted
    provisions excepting funds made available under part II of
    subchapter II of this chapter from the designation of funds subject
    to consolidation.
      Subsec. (c). Pub. L. 93-559, Sec. 19(a)(2), added subsec. (c).
      1969 - Subsec. (a). Pub. L. 91-175 inserted provision excepting
    funds made available pursuant to subpart IV of part II of
    subchapter I of this chapter form the designation of funds subject
    to consolidation.
      1967 - Subsec. (b). Pub. L. 90-137 increased limitation on funds
    available for transfer from $5,000,000 to $9,000,000.
      1966 - Subsec. (b). Pub. L. 89-583 substituted provisions
    authorizing transfer of $5,000,000 for administrative expenses for
    any fiscal year incurred in connection with programs in Vietnam for
    provisions authorizing transfer of $1,400,000 for administrative
    expenses for fiscal year 1966 incurred in connection with programs
    in the Republic of Vietnam.
      Pub. L. 89-371 authorized transfer of $1,400,000 for
    administrative expenses for fiscal year 1966 incurred in connection
    with programs in the Republic of Vietnam.
      1962 - Pub. L. 87-565 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 10(b) of Pub. L. 101-623 provided that: "The amendments
    made by subsection (a) [amending this section] apply with respect
    to funds made available for fiscal year 1991 or any fiscal year
    thereafter."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2361                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2361. Completion of plans and cost estimates

-STATUTE-
    (a) Restriction on agreements or grants
      No agreement or grant which constitutes an obligation of the
    United States Government in excess of $500,000 under section 1501
    of title 31 shall be made for any assistance authorized under part
    I of subchapter I of this chapter, subpart II of part II of
    subchapter I of this chapter, or part IV of subchapter II of this
    chapter - 
        (1) if such agreement or grant requires substantive technical
      or financial planning, until engineering, financial, and other
      plans necessary to carry out such assistance, and a reasonably
      firm estimate of the cost to the United States Government of
      providing such assistance, have been completed; and
        (2) if such agreement or grant requires legislative action
      within the recipient country, unless such legislative action may
      reasonably be anticipated to be completed in time to permit the
      orderly accomplishment of the purposes of such agreement or
      grant.
    (b) Plans for water or related land resource construction projects;
      computation of benefits and costs
      Plans required under subsection (a) of this section for any water
    or related land resource construction project or program shall
    include a computation of benefits and costs made insofar as
    practicable in accordance with the principles, standards, and
    procedures established pursuant to the Water Resources Planning Act
    (42 U.S.C. 1962, et seq.) or acts amendatory or supplementary
    thereto.
    (c) Contracts for construction outside United States; competitive
      basis
      To the maximum extent practicable, all contracts for construction
    outside the United States made in connection with any agreement or
    grant subject to subsection (a) of this section shall be made on a
    competitive basis.
    (d) Engineering, financial, and other plans
      Subsection (a) of this section shall not apply to any assistance
    furnished for the sole purpose of preparation of engineering,
    financial, and other plans.
    (e) Certification of country capability to maintain and utilize
      projects as prerequisite to assistance for capital projects
      exceeding cost limitations
      In addition to any other requirements of this section, no
    assistance authorized under part I of subchapter I of this chapter,
    subpart II of part II of subchapter I of this chapter, or part IV
    of subchapter II of this chapter shall be furnished with respect to
    any capital assistance project estimated to cost in excess of
    $1,000,000 until the head of the agency primarily responsible for
    administering subchapter I of this chapter has received and taken
    into consideration a certification from the principal officer of
    such agency in the country in which the project is located as to
    the capability of the country (both financial and human resources)
    to effectively maintain and utilize the project taking into account
    among other things the maintenance and utilization of projects in
    such country previously financed or assisted by the United States.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 611, Sept. 4, 1961, 75 Stat. 442;
    Pub. L. 87-565, pt. III, Sec. 301(b), Aug. 1, 1962, 76 Stat. 260;
    Pub. L. 88-205, pt. III, Sec. 301(c), Dec. 16, 1963, 77 Stat. 385;
    Pub. L. 90-137, pt. II, Sec. 301(d), Nov. 14, 1967, 81 Stat. 458;
    Pub. L. 95-424, title I, Sec. 102(g)(2)(D), (E), Oct. 6, 1978, 92
    Stat. 943; Pub. L. 96-53, title I, Sec. 117, Aug. 14, 1979, 93
    Stat. 365; Pub. L. 99-83, title XII, Secs. 1208, 1211(b)(2), Aug.
    8, 1985, 99 Stat. 278, 279.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Water Resources Planning Act, referred to in subsec. (b), is
    Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is
    classified generally to chapter 19B (Sec. 1962 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1962 of Title 42 and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-83, Sec. 1208(1), substituted
    "$500,000" for "$100,000".
      Pub. L. 99-83, Sec. 1211(b)(2), substituted reference to section
    1501 of title 31, for reference to section 1311 of the Supplemental
    Appropriation Act, 1955.
      Subsec. (b). Pub. L. 99-83, Sec. 1208(2), substituted "the
    principles, standards, and procedures established pursuant to the
    Water Resources Planning Act (42 U.S.C. 1962, et seq.) or acts
    amendatory or supplementary thereto" for "the procedures set forth
    in the Principles and Standards for Planning Water and Related Land
    Resources, dated October 25, 1973, with respect to such
    computations".
      1979 - Subsec. (b). Pub. L. 96-53 substituted "Principles and
    Standards for Planning Water and Related Land Resources, dated
    October 25, 1973" for "Memorandum of the President dated May 15,
    1962".
      1978 - Subsec. (a). Pub. L. 95-424, Sec. 102(g)(2)(D),
    substituted "part I of subchapter I of this chapter, subpart II of
    part II of subchapter I of this chapter, or part IV of subchapter
    II of this chapter" for "subparts I, II, and VI of part II and part
    IV of subchapter I of this chapter".
      Subsec. (e). Pub. L. 95-424, Sec. 102(g)(2)(E), substituted "part
    I of subchapter I of this chapter, subpart II of part II of
    subchapter I of this chapter, or part IV of subchapter II of this
    chapter" for "subparts I, II, or VI of part II or part IV of
    subchapter I of this chapter".
      1967 - Subsec. (e). Pub. L. 90-137 added subsec. (e).
      1963 - Subsec. (b). Pub. L. 88-205 substituted "the Memorandum of
    the President dated May 15, 1962," for "circular A-47 of the Bureau
    of the Budget."
      1962 - Subsec. (a). Pub. L. 87-565 included subpart VI of part II
    of subchapter I of this chapter within the restriction.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

-End-



-CITE-
    22 USC Sec. 2362                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2362. Use of foreign currencies

-STATUTE-
    (a) Currencies received in payment for nonmilitary assistance;
      foreign obligations
      Except as otherwise provided in this chapter or other Acts,
    foreign currencies received either (1) as a result of the
    furnishing of nonmilitary assistance under the Mutual Security Act
    of 1954, as amended, or any Act repealed thereby, and unobligated
    on September 3, 1961, or (2) on or after September 4, 1961, as a
    result of the furnishing of nonmilitary assistance under the Mutual
    Security Act of 1954, as amended, or any Act repealed thereby, or
    (3) as a result of the furnishing of assistance under subchapter I
    of this chapter, which are in excess of amounts reserved under
    authority of section 2455(d) of this title or any other Act
    relating to educational and cultural exchanges, may be sold by the
    Secretary of the Treasury to agencies of the United States
    Government for payment of their obligations outside the United
    States, and the United States dollars received as reimbursement
    shall be deposited into miscellaneous receipts of the Treasury.
    Foreign currencies so received which are in excess of the amounts
    so reserved and of the requirements of the United States Government
    in payment of its obligations outside the United States, as such
    requirements may be determined from time to time by the President,
    shall be available for the authorized purposes of subchapter I of
    this chapter in such amounts as may be specified from time to time
    in appropriation Acts.
    (b) United States operations abroad; excess foreign currencies
      Any Act of the Congress making appropriations to carry out
    programs under this chapter or any other Act for United States
    operations abroad is hereby authorized to provide for the
    utilization of United States-owned excess foreign currencies to
    carry out any such operations authorized by law.
      As used in this subsection, the term "excess foreign currencies"
    means foreign currencies or credits owned by or owed to the United
    States which are, under applicable agreements with the foreign
    country concerned, available for the use of the United States
    Government and are determined by the President to be excess to the
    normal requirements of departments and agencies of the United
    States for such currencies or credits and are not prohibited from
    use under this subsection by an agreement entered into with the
    foreign country concerned.
      The President shall take all appropriate steps to assure that, to
    the maximum extent possible, United States-owned foreign currencies
    are utilized in lieu of dollars. Dollar funds made available
    pursuant to this chapter shall not be expended for goods and
    services when United States-owned foreign currencies are available
    for such purposes unless the administrative official approving the
    voucher certifies as to the reason for the use of dollars in each
    case.
    (c) Voluntary family planning programs; limitation
      In addition to funds otherwise available, excess foreign
    currencies, as defined in subsection (b) of this section, may be
    made available to friendly foreign governments and to private,
    nonprofit United States organizations to carry out voluntary family
    planning programs in countries which request such assistance. No
    such program shall be assisted unless the President has received
    assurances that in the administration of such program the recipient
    will take reasonable precautions to insure that no person receives
    any family planning assistance or supplies unless he desires such
    services. The excess foreign currencies made available under this
    subsection shall not, in any one year, exceed 5 per centum of the
    aggregate of all excess foreign currencies. As used in this
    subsection, the term "voluntary family planning program" includes,
    but is not limited to, demographic studies, medical and
    psychological research, personnel training, the construction and
    staffing of clinics and rural health centers, specialized training
    of doctors and paramedical personnel, the manufacture of medical
    supplies, and the dissemination of family planning information,
    medical assistance, and supplies to individuals who desire such
    assistance.
    (d) Reciprocal release of dollar value equivalents
      In furnishing assistance under this chapter to the government of
    any country in which the United States owns excess foreign
    currencies as defined in subsection (b) of this section, except
    those currencies generated under the Agricultural Trade Development
    and Assistance Act of 1954, as amended [7 U.S.C. 1691 et seq.], the
    President shall endeavor to obtain from the recipient country an
    agreement for the release, on such terms and conditions as the
    President shall determine, of an amount of such currencies up to
    the equivalent of the dollar value of assistance furnished by the
    United States for programs as may be mutually agreed upon by the
    recipient country and the United States to carry out the purposes
    for which new funds authorized by this chapter would themselves be
    available.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 612, Sept. 4, 1961, 75 Stat. 443;
    Pub. L. 88-205, pt. III, Sec. 301(d), Dec. 16, 1963, 77 Stat. 385;
    Pub. L. 88-633, pt. III, Sec. 301(c), Oct. 7, 1964, 78 Stat. 1012;
    Pub. L. 88-638, Sec. 2(1), Oct. 8, 1964, 78 Stat. 1037; Pub. L. 89-
    171, pt. III, Sec. 301(b), Sept. 6, 1965, 79 Stat. 659; Pub. L. 89-
    583, pt. III, Sec. 301(e), Sept. 19, 1966, 80 Stat. 805; Pub. L.
    91-175, pt. III, Sec. 302, Dec. 30, 1969, 83 Stat. 820.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (b), and (d), was in
    the original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Mutual Security Act of 1954, referred to in subsec. (a), is
    act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July
    8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2 to
    11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June
    30, 1958, Pub. L. 85-477, ch. 1, Secs. 101 to 103, ch. II, Secs.
    201 to 205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501,
    72 Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec.
    101, ch. II, Secs. 201 to 205(a) to (i), (k) to (n), ch. III, Sec.
    301, ch. IV, Sec. 401(a) to (k), (m), 73 Stat. 246; May 14, 1960,
    Pub. L. 86-472, ch. I to V, 74 Stat. 134, which was principally
    classified to chapter 24 (Sec. 1750 et seq.) of this title and
    which was repealed by act July 18, 1956, ch. 627, Sec. 8(m), 70
    Stat. 559, Pub. L. 85-141, Secs. 2(e), 3, 4(b), 11(d), Aug. 14,
    1957, 71 Stat. 356, Pub. L. 86-108, ch. II, Secs. 205(j), ch. IV,
    401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-472, ch. II, Secs.
    203(d), 204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt.
    III, Sec. 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329,
    title II, Sec. 212(b)(1), June 30, 1976, 90 Stat. 745, Pub. L. 104-
    127, title II, Sec. 228, Apr. 4, 1996, 110 Stat. 963, except for
    sections 1754, 1783, 1796, 1853, 1928, and 1937 of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1754 of this title and Tables.
      The Agricultural Trade Development and Assistance Act of 1954, as
    amended, referred to in subsec. (d), is act July 10, 1954, ch. 469,
    68 Stat. 454, as amended, which is classified principally to
    chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1691 of Title 7 and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1969 - Subsec. (d). Pub. L. 91-175 added subsec. (d).
      1966 - Subsec. (c). Pub. L. 89-583 added subsec. (c).
      1965 - Subsecs. (b), (c). Pub. L. 89-171 redesignated subsec. (c)
    as (b) and prohibited dollar funds made available pursuant to this
    chapter from being expended for goods and services when United
    States-owned foreign currencies are available for such purposes
    unless the administrative official approving the voucher certifies
    as to the reason for the use of dollars in each case.
      1964 - Subsec. (b). Pub. L. 88-638 redesignated subsec. (b), as
    added by Pub. L. 88-205, as subsec. (t) of section 1704 of Title 7,
    Agriculture.
      Subsec. (c). Pub. L. 88-633 added subsec. (c).
      1963 - Pub. L. 88-205 designated existing provisions as subsec.
    (a) and added subsec. (b).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
         SEPARATE ACCOUNTS FOR LOCAL CURRENCIES AND CASH TRANSFERS     
      Pub. L. 109-102, title V, Sec. 529, Nov. 14, 2005, 119 Stat.
    2206, provided that:
      "(a) Separate Accounts for Local Currencies. - (1) If assistance
    is furnished to the government of a foreign country under chapters
    1 and 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] or
    chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign
    Assistance Act of 1961 under agreements which result in the
    generation of local currencies of that country, the Administrator
    of the United States Agency for International Development shall - 
        "(A) require that local currencies be deposited in a separate
      account established by that government;
        "(B) enter into an agreement with that government which sets
      forth - 
          "(i) the amount of the local currencies to be generated; and
          "(ii) the terms and conditions under which the currencies so
        deposited may be utilized, consistent with this section; and
        "(C) establish by agreement with that government the
      responsibilities of the United States Agency for International
      Development and that government to monitor and account for
      deposits into and disbursements from the separate account.
      "(2) Uses of local currencies. - As may be agreed upon with the
    foreign government, local currencies deposited in a separate
    account pursuant to subsection (a), or an equivalent amount of
    local currencies, shall be used only - 
        "(A) to carry out chapter 1 or 10 of part I or chapter 4 of
      part II (as the case may be), for such purposes as - 
          "(i) project and sector assistance activities; or
          "(ii) debt and deficit financing; or
        "(B) for the administrative requirements of the United States
      Government.
      "(3) Programming accountability. - The United States Agency for
    International Development shall take all necessary steps to ensure
    that the equivalent of the local currencies disbursed pursuant to
    subsection (a)(2)(A) from the separate account established pursuant
    to subsection (a)(1) are used for the purposes agreed upon pursuant
    to subsection (a)(2).
      "(4) Termination of assistance programs. - Upon termination of
    assistance to a country under chapter 1 or 10 of part I or chapter
    4 of part II (as the case may be), any unencumbered balances of
    funds which remain in a separate account established pursuant to
    subsection (a) shall be disposed of for such purposes as may be
    agreed to by the government of that country and the United States
    Government.
      "(5) Reporting requirement. - The Administrator of the United
    States Agency for International Development shall report on an
    annual basis as part of the justification documents submitted to
    the Committees on Appropriations on the use of local currencies for
    the administrative requirements of the United States Government as
    authorized in subsection (a)(2)(B), and such report shall include
    the amount of local currency (and United States dollar equivalent)
    used and/or to be used for such purpose in each applicable country.
      "(b) Separate Accounts for Cash Transfers. - (1) If assistance is
    made available to the government of a foreign country, under
    chapter 1 or 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] or
    chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign
    Assistance Act of 1961, as cash transfer assistance or as
    nonproject sector assistance, that country shall be required to
    maintain such funds in a separate account and not commingle them
    with any other funds.
      "(2) Applicability of other provisions of law. - Such funds may
    be obligated and expended notwithstanding provisions of law which
    are inconsistent with the nature of this assistance including
    provisions which are referenced in the Joint Explanatory Statement
    of the Committee of Conference accompanying House Joint Resolution
    648 (House Report No. 98-1159).
      "(3) Notification. - At least 15 days prior to obligating any
    such cash transfer or nonproject sector assistance, the President
    shall submit a notification through the regular notification
    procedures of the Committees on Appropriations, which shall include
    a detailed description of how the funds proposed to be made
    available will be used, with a discussion of the United States
    interests that will be served by the assistance (including, as
    appropriate, a description of the economic policy reforms that will
    be promoted by such assistance).
      "(4) Exemption. - Nonproject sector assistance funds may be
    exempt from the requirements of subsection (b)(1) only through the
    notification procedures of the Committees on Appropriations."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. D, title V, Sec. 529, Dec. 8, 2004, 118
    Stat. 3003.
      Pub. L. 108-199, div. D, title V, Sec. 529, Jan. 23, 2004, 118
    Stat. 178.
      Pub. L. 108-7, div. E, title V, Sec. 529, Feb. 20, 2003, 117
    Stat. 190.
      Pub. L. 107-115, title V, Sec. 529, Jan. 10, 2002, 115 Stat.
    2148.
      Pub. L. 106-429, Sec. 101(a) [title V, Sec. 532], Nov. 6, 2000,
    114 Stat. 1900, 1900A-32.
      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 532],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-91.
      Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 533], Oct.
    21, 1998, 112 Stat. 2681-150, 2681-179.
      Pub. L. 105-118, title V, Sec. 532, Nov. 26, 1997, 111 Stat.
    2414.
      Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    531], Sept. 30, 1996, 110 Stat. 3009-121, 3009-150.
      Pub. L. 104-107, title V, Sec. 532, Feb. 12, 1996, 108 Stat. 732.
      Pub. L. 103-306, title V, Sec. 536, Aug. 23, 1994, 108 Stat.
    1637.
      Pub. L. 103-87, title V, Sec. 537, Sept. 30, 1993, 107 Stat. 955.
      Pub. L. 102-391, title V, Sec. 571, Oct. 6, 1992, 106 Stat. 1681.
      Pub. L. 101-513, title V, Sec. 575, Nov. 5, 1990, 104 Stat. 2042.
      Pub. L. 101-167, title II, title V, Sec. 592, Nov. 21, 1989, 103
    Stat. 1207, 1253.
      Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-12.
      Pub. L. 100-202, Sec. 101(e) [title II], Dec. 22, 1987, 101 Stat.
    1329-131, 1329-143.
      Pub. L. 99-500, Sec. 101(f) [title II], Oct. 18, 1986, 100 Stat.
    1783-213, 1783-221, and Pub. L. 99-591, Sec. 101(f) [title II],
    Oct. 30, 1986, 100 Stat. 3341-214, 3341-221.

-End-



-CITE-
    22 USC Sec. 2363                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2363. Accounting, valuation, reporting, and administration of
      foreign currencies

-STATUTE-
    (a) Responsibility of Secretary of the Treasury; regulations
      Under the direction of the President, the Secretary of the
    Treasury shall have responsibility for valuation and central
    accounting with respect to foreign credits (including currencies)
    owed to or owned by the United States. In order to carry out such
    responsibility the Secretary shall issue regulations binding upon
    all agencies of the Government.
    (b) Establishment of exchange rates
      The Secretary of the Treasury shall have sole authority to
    establish for all foreign currencies or credits the exchange rates
    at which such currencies are to be reported by all agencies of the
    Government.
    (c) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
      1981, 95 Stat. 1560
    (d) Interest income on foreign currency proceeds; regulations;
      waiver; report to Congress
      In cases where assistance is to be furnished to any recipient
    country in furtherance of the purposes of this chapter or any other
    Act on a basis which will result in the accrual of foreign currency
    proceeds to the United States, the Secretary of the Treasury shall
    issue regulations requiring that agreements, in respect of such
    assistance, include provisions for the receipt of interest income
    on the foreign currency proceeds deposited in authorized
    depositaries: Provided, That whenever the Secretary of State
    determines it not to be in the national interest to conclude
    arrangements for the receipt of interest income he may waive the
    requirement thereof: Provided further, That the Secretary of State,
    or his delegate, shall promptly make a complete report to the
    Congress on each such determination and the reasons therefor.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 613, Sept. 4, 1961, 75 Stat. 443;
    Pub. L. 89-171, pt. III, Sec. 301(c), Sept. 6, 1965, 79 Stat. 659;
    Pub. L. 94-273, Sec. 46, Apr. 21, 1976, 90 Stat. 382; Pub. L. 97-
    113, title VII, Sec. 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (c). Pub. L. 97-113 struck out subsec. (c) which
    provided for semi-annual reports on foreign currencies acquired
    without payment of dollars by the United States. See section
    2394(a)(8) of this title.
      1976 - Subsec. (c). Pub. L. 94-273 inserted provision relating to
    reports after Dec. 31, 1975.
      1965 - Subsec. (d). Pub. L. 89-171 added subsec. (d).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2364                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2364. Special authorities

-STATUTE-
    (a) Furnishing of assistance and arms export sales, credits, and
      guaranties upon determination and notification of Congress of
      importance and vitality of such action to security interests and
      national security interests of United States; policy
      justification; fiscal year limitations; transfers between
      accounts
      (1) The President may authorize the furnishing of assistance
    under this chapter without regard to any provision of this chapter,
    the Arms Export Control Act [22 U.S.C. 2751 et seq.], any law
    relating to receipts and credits accruing to the United States, and
    any Act authorizing or appropriating funds for use under this
    chapter, in furtherance of any of the purposes of this chapter,
    when the President determines, and so notifies in writing the
    Speaker of the House of Representatives and the chairman of the
    Committee on Foreign Relations of the Senate, that to do so is
    important to the security interests of the United States.
      (2) The President may make sales, extend credit, and issue
    guaranties under the Arms Export Control Act [22 U.S.C. 2751 et
    seq.], without regard to any provision of this chapter, the Arms
    Export Control Act, any law relating to receipts and credits
    accruing to the United States, and any Act authorizing or
    appropriating funds for use under the Arms Export Control Act, in
    furtherance of any of the purposes of such Act, when the President
    determines, and so notifies in writing the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate, that to do so is vital to the national
    security interests of the United States.
      (3) Before exercising the authority granted in this subsection,
    the President shall consult with, and shall provide a written
    policy justification to, the Committee on Foreign Affairs and the
    Committee on Appropriations of the House of Representatives and the
    Committee on Foreign Relations and the Committee on Appropriations
    of the Senate.
      (4)(A) The authority of this subsection may not be used in any
    fiscal year to authorize - 
        (i) more than $750,000,000 in sales to be made under the Arms
      Export Control Act [22 U.S.C. 2751 et seq.];
        (ii) the use of more than $250,000,000 of funds made available
      for use under this chapter or the Arms Export Control Act; and
        (iii) the use of more than $100,000,000 of foreign currencies
      accruing under this chapter or any other law.

      (B) If the authority of this subsection is used both to authorize
    a sale under the Arms Export Control Act and to authorize funds to
    be used under the Arms Export Control Act or under this chapter
    with respect to the financing of that sale, then the use of the
    funds shall be counted against the limitation in subparagraph
    (A)(ii) and the portion, if any, of the sale which is not so
    financed shall be counted against the limitation in subparagraph
    (A)(i).
      (C) Not more than $50,000,000 of the $250,000,000 limitation
    provided in subparagraph (A)(ii) may be allocated to any one
    country in any fiscal year unless that country is a victim of
    active aggression, and not more than $500,000,000 of the aggregate
    limitation of $1,000,000,000 provided in subparagraphs (A)(i) and
    (A)(ii) may be allocated to any one country in any fiscal year.
      (5) The authority of this section may not be used to waive the
    limitations on transfers contained in section 2360(a) of this
    title.
    (b) United States obligations in West Germany
      Whenever the President determines it to be important to the
    national interest, he may use funds available for the purposes of
    part IV of subchapter I of this chapter in order to meet the
    responsibilities or objectives of the United States in Germany,
    including West Berlin, and without regard to such provisions of law
    as he determines should be disregarded to achieve this purpose.
    (c) Certification by President of inadvisability to specify nature
      of use of funds; reports to Congress
      The President is authorized to use amounts not to exceed
    $50,000,000 of the funds made available under this chapter pursuant
    to his certification that it is inadvisable to specify the nature
    of the use of such funds, which certification shall be deemed to be
    a sufficient voucher for such amounts. The President shall fully
    inform the chairman and ranking minority member of the Committee on
    Foreign Affairs of the House of Representatives and the chairman
    and ranking minority member of the Committee on Foreign Relations
    of the Senate of each use of funds under this subsection prior to
    the use of such funds.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 614, Sept. 4, 1961, 75 Stat. 444;
    Pub. L. 89-583, pt. III, Sec. 301(f), (g), Sept. 19, 1966, 80 Stat.
    805; Pub. L. 90-137, pt. III, Sec. 301(e), Nov. 14, 1967, 81 Stat.
    459; Pub. L. 93-559, Sec. 19(b), Dec. 30, 1974, 88 Stat. 1800; Pub.
    L. 96-533, title I, Sec. 117(a), Dec. 16, 1980, 94 Stat. 3140; Pub.
    L. 99-83, title I, Sec. 128, Aug. 8, 1985, 99 Stat. 206; Pub. L.
    101-222, Sec. 8, Dec. 12, 1989, 103 Stat. 1899; Pub. L. 103-199,
    title VII, Sec. 705(2), Dec. 17, 1993, 107 Stat. 2328.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (c), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a)(1), (2),
    (4)(A), (B), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as
    amended, which is classified principally to chapter 39 (Sec. 2751
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 2751 of this
    title and Tables.
    REFERENCES TO PART IV OF SUBCHAPTER I DEEMED REFERENCES TO PART IV
                             OF SUBCHAPTER II
      Part IV of subchapter I (Sec. 2241 et seq.) of this chapter has
    been repealed. References to part IV of subchapter I, or any
    sections thereof, are deemed references to part IV of subchapter II
    (Sec. 2346 et seq.) of this chapter, or to appropriate sections
    thereof. See section 202(b) of Pub. L. 92-226, set out as a note
    under section 2346 of this title.


-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (a)(4)(C). Pub. L. 103-199 struck out "Communist
    or Communist-supported" after "victim of active".
      1989 - Subsec. (c). Pub. L. 101-222 amended second sentence
    generally. Prior to amendment, second sentence read as follows:
    "The President shall promptly and fully inform the Speaker of the
    House of Representatives and the chairman and ranking minority
    member of the Committee on Foreign Relations of the Senate of each
    use of funds under this subsection."
      1985 - Subsec. (a)(4). Pub. L. 99-83 designated existing
    provisions as subpar. (A), added cl. (i) and designations "(ii)"
    and "(iii)", struck out fiscal year limitation for any one country,
    and added subpars. (B) and (C).
      1980 - Subsec. (a). Pub. L. 96-533, in revising subsec. (a),
    incorporated part of existing first sentence in provisions
    designated par. (1), inserted reference to Arms Export Control Act,
    struck out reference to Mutual Defense Assistance Control Act of
    1951, required notification of the Speaker of the House and
    chairman of the Senate Committee on Foreign Relations, and
    substituted "security interests" for "security"; inserted pars. (2)
    and (3); incorporated part of existing first sentence, second
    sentence, and substance of third sentence in provisions designated
    par. (4) and inserted reference to the Arms Export Control Act; and
    designated fourth sentence as par. (5) and substituted therein "may
    not" for "shall not".
      1974 - Subsec. (a). Pub. L. 93-559 provided that the authority of
    the section shall not be used to waive the limitations on transfers
    contained in section 2360(a) of this title.
      1967 - Subsec. (a). Pub. L. 90-137 substituted "506" for "510",
    classified to the Code as section 2318 of this title.
      1966 - Subsec. (a). Pub. L. 89-583, Sec. 301(f), provided that
    the $50,000,000 limitation on allocation of funds to any country in
    any one fiscal year shall not apply to any country which is a
    victim of active Communist or Communist-supported aggression.
      Subsec. (c). Pub. L. 89-583, Sec. 301(g), inserted provision for
    reports to Congress of use of funds under this subsec.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2365                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2365. Contract authority

-STATUTE-
      Provisions of this chapter authorizing the appropriation of funds
    shall be construed to authorize the granting in any appropriation
    Act of authority to enter into contracts, within the amounts so
    authorized to be appropriated, creating obligations in advance of
    appropriations.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 615, Sept. 4, 1961, 75 Stat. 444.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-End-



-CITE-
    22 USC Sec. 2366                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2366. Availability of funds

-STATUTE-
      Except as otherwise provided in this chapter, funds shall be
    available to carry out the provisions of this chapter as authorized
    and appropriated to the President each fiscal year.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 616, Sept. 4, 1961, 75 Stat. 444.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC1-
                          ADMINISTRATION OF FUNDS                      
      Pub. L. 87-329, title I, Sec. 112, Sept. 30, 1961, 75 Stat. 719,
    provided that funds appropriated under Pub. L. 87-329, popularly
    known as the Foreign Assistance and Related Agencies Appropriation
    Act, 1962, should be administered with a favorable view toward
    those recipient nations which share the view of the United States
    on the world crisis.

-End-



-CITE-
    22 USC Sec. 2367                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2367. Termination expenses

-STATUTE-
    (a) In general
      Funds made available under this chapter and the Arms Export
    Control Act [22 U.S.C. 2751 et seq.], may remain available for
    obligation for a period not to exceed 8 months from the date of any
    termination of assistance under such chapter or Act for the
    necessary expenses of winding up programs related to such
    termination and may remain available until expended. Funds
    obligated under the authority of such chapter or Act prior to the
    effective date of the termination of assistance may remain
    available for expenditure for the necessary expenses of winding up
    programs related to such termination notwithstanding any provision
    of law restricting the expenditure of funds. In order to ensure the
    effectiveness of such assistance, such expenses for orderly
    termination of programs may include the obligation and expenditure
    of funds to complete the training or studies outside their
    countries of origin of students whose course of study or training
    program began before assistance was terminated.
    (b) Liability to contractors
      For the purpose of making an equitable settlement of termination
    claims under extraordinary contractual relief standards, the
    President is authorized to adopt as a contract or other obligation
    of the United States Government, and assume (in whole or in part)
    any liabilities arising thereunder, any contract with a United
    States or third-country contractor that had been funded with
    assistance under such chapter or Act prior to the termination of
    assistance.
    (c) Termination expenses
      Amounts certified as having been obligated for assistance
    subsequently terminated by the President, or pursuant to any
    provision of law, shall continue to remain available and may be
    reobligated to meet any necessary expenses arising from the
    termination of such assistance.
    (d) Guaranty programs
      Provisions of this chapter or any other Act requiring the
    termination of assistance under this chapter or any other Act shall
    not be construed to require the termination of guarantee
    commitments that were entered into prior to the effective date of
    the termination of assistance.
    (e) Relation to other provisions
      Unless specifically made inapplicable by another provision of
    law, the provisions of this section shall be applicable to the
    termination of assistance pursuant to any provision of law.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 617, Sept. 4, 1961, 75 Stat. 444;
    Pub. L. 93-189, Sec. 14, Dec. 17, 1973, 87 Stat. 722; Pub. L. 96-
    533, title III, Sec. 310, Dec. 16, 1980, 94 Stat. 3148; Pub. L.
    106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec. 1221],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-498; Pub. L. 106-264, title
    III, Sec. 302, Aug. 19, 2000, 114 Stat. 760.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter and such chapter, referred to in subsecs. (a), (b),
    and (d), were in the original references to this Act and such Act,
    respectively, meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424,
    as amended, known as the Foreign Assistance Act of 1961. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2151 of this title and Tables.
      The Arms Export Control Act and such Act, referred to in subsecs.
    (a) and (b), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as
    amended, which is classified principally to chapter 39 (Sec. 2751
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 2751 of this
    title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-264 amended section generally. Prior to
    amendment, section read as follows: "Assistance under any provision
    of this chapter may, unless sooner terminated by the President, be
    terminated by concurrent resolution. Funds made available under
    this chapter shall remain available for a period not to exceed
    eight months from the date of termination of assistance under this
    chapter for the necessary expenses of winding up programs related
    thereto. In order to ensure the effectiveness of assistance under
    this chapter, such expenses for orderly termination of programs may
    include the obligation and expenditure of funds to complete the
    training or studies outside their countries of origin of students
    whose course of study or training program began before assistance
    was terminated. Such expenses for orderly termination of programs
    under the Arms Export Control Act may include the obligation and
    expenditure of funds to complete the training or studies outside
    the countries of origin of students whose course of study or
    training program began before assistance was terminated, as long as
    the origin country's termination was not a result of activities
    beyond default of financial responsibilities."
      1999 - Pub. L. 106-113 inserted at end "Such expenses for orderly
    termination of programs under the Arms Export Control Act may
    include the obligation and expenditure of funds to complete the
    training or studies outside the countries of origin of students
    whose course of study or training program began before assistance
    was terminated, as long as the origin country's termination was not
    a result of activities beyond default of financial
    responsibilities."
      1980 - Pub. L. 96-533 authorized expenses for termination of
    programs to include completion of training or studies for students
    commenced outside their countries of origin prior to such
    termination.
      1973 - Pub. L. 93-189 substituted "eight months" for "twelve
    months".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Secs. 2368, 2369                                     01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Secs. 2368, 2369. Repealed.

-MISC1-
    Secs. 2368, 2369. Repealed. Pub. L. 95-424, title VI, Sec. 604,
      Oct. 6, 1978, 92 Stat. 961.
      Section 2368, Pub. L. 87-195, pt. III, Sec. 618, as added Pub. L.
    87-565, pt. III, Sec. 301(c), Aug. 1, 1962, 76 Stat. 260, related
    to payment to the United States regarding the Settlement of Postwar
    Economic Assistance to Japan.
      A prior section 618 of Pub. L. 87-195, pt. III, Sept. 4, 1961, 75
    Stat. 444, relating to economic assistance to Latin America, was
    repealed by Pub. L. 87-565, pt. III, Sec. 301(c), Aug. 1, 1962, 76
    Stat. 260.
      Section 2369, Pub. L. 87-195, pt. III, Sec. 619, Sept. 4, 1961,
    75 Stat. 444, related to assistance to newly independent countries.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2370                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2370. Prohibitions against furnishing assistance

-STATUTE-
    (a) Cuba; embargo on all trade
      (1) No assistance shall be furnished under this chapter to the
    present government of Cuba. As an additional means of implementing
    and carrying into effect the policy of the preceding sentence, the
    President is authorized to establish and maintain a total embargo
    upon all trade between the United States and Cuba.
      (2) Except as may be deemed necessary by the President in the
    interest of the United States, no assistance shall be furnished
    under this chapter to any government of Cuba, nor shall Cuba be
    entitled to receive any quota authorizing the importation of Cuban
    sugar into the United States or to receive any other benefit under
    any law of the United States, until the President determines that
    such government has taken appropriate steps according to
    international law standards to return to United States citizens,
    and to entities not less than 50 per centum beneficially owned by
    United States citizens, or to provide equitable compensation to
    such citizens and entities for property taken from such citizens
    and entities on or after January 1, 1959, by the Government of
    Cuba.
    (b) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
      1981, 95 Stat. 1560
    (c) Indebtedness of foreign country to United States citizen or
      person
      No assistance shall be provided under this chapter to the
    government of any country which is indebted to any United States
    citizen or person for goods or services furnished or ordered where
    (i) such citizen or person has exhausted available legal remedies,
    which shall include arbitration, or (ii) the debt is not denied or
    contested by such government, or (iii) such indebtedness arises
    under an unconditional guaranty of payment given by such
    government, or any predecessor government, directly or indirectly,
    through any controlled entity: Provided, That the President does
    not find such action contrary to the national security.
    (d) Productive enterprises competing with United States enterprise;
      conditions on assistance; import controls; waiver of restriction
      by President
      No assistance shall be furnished on a loan basis under part I of
    subchapter I of this chapter for construction or operation of any
    productive enterprise in any country where such enterprise will
    compete with United States enterprise unless such country has
    agreed that it will establish appropriate procedures to prevent the
    exportation for use or consumption in the United States of more
    than twenty per centum of the annual production of such facility
    during the life of the loan. In case of failure to implement such
    agreement by the other contracting party, the President is
    authorized to establish necessary import controls to effectuate the
    agreement. The restrictions imposed by or pursuant to this
    subsection may be waived by the President where he determines that
    such waiver is in the national security interest.
    (e) Nationalization, expropriation or seizure of property of United
      States citizens, or taxation or other exaction having same
      effect; failure to compensate or to provide relief from taxes,
      exactions, or conditions; report on full value of property by
      Foreign Claims Settlement Commission; act of state doctrine
      (1) The President shall suspend assistance to the government of
    any country to which assistance is provided under this chapter or
    any other Act when the government of such country or any government
    agency or subdivision within such country on or after January 1,
    1962 - 
        (A) has nationalized or expropriated or seized ownership or
      control of property owned by any United States citizen or by any
      corporation, partnership, or association not less than 50 per
      centum beneficially owned by United States citizens, or
        (B) has taken steps to repudiate or nullify existing contracts
      or agreements with any United States citizen or any corporation,
      partnership, or association not less than 50 per centum
      beneficially owned by United States citizens, or
        (C) has imposed or enforced discriminatory taxes or other
      exactions, or restrictive maintenance or operational conditions,
      or has taken other actions, which have the effect of
      nationalizing, expropriating, or otherwise seizing ownership or
      control of property so owned,

    and such country, government agency, or government subdivision
    fails within a reasonable time (not more than six months after such
    action, or, in the event of a referral to the Foreign Claims
    Settlement Commission of the United States within such period as
    provided herein, not more than twenty days after the report of the
    Commission is received) to take appropriate steps, which may
    include arbitration, to discharge its obligations under
    international law toward such citizen or entity, including speedy
    compensation for such property in convertible foreign exchange,
    equivalent to the full value thereof, as required by international
    law, or fails to take steps designed to provide relief from such
    taxes, exactions, or conditions, as the case may be; and such
    suspension shall continue until the President is satisfied that
    appropriate steps are being taken, and provisions of this
    subsection shall not be waived with respect to any country unless
    the President determines and certifies that such a waiver is
    important to the national interests of the United States. Such
    certification shall be reported immediately to Congress.
      Upon request of the President (within seventy days after such
    action referred to in subparagraphs (A), (B), or (C) of this
    paragraph, the Foreign Claims Settlement Commission of the United
    States (established pursuant to Reorganization Plan No. 1 of 1954,
    68 Stat. 1279) is hereby authorized to evaluate expropriated
    property, determining the full value of any property nationalized,
    expropriated, or seized, or subjected to discriminatory or other
    actions as aforesaid, for purposes of this subsection and to render
    an advisory report to the President within ninety days after such
    request. Unless authorized by the President, the Commission shall
    not publish its advisory report except to the citizen or entity
    owning such property. There is hereby authorized to be appropriated
    such amount, to remain available until expended, as may be
    necessary from time to time to enable the Commission to carry out
    expeditiously its functions under this subsection.
      (2) Notwithstanding any other provision of law, no court in the
    United States shall decline on the ground of the federal act of
    state doctrine to make a determination on the merits giving effect
    to the principles of international law in a case in which a claim
    of title or other rights to property is asserted by any party
    including a foreign state (or a party claiming through such state)
    based upon (or traced through) a confiscation or other taking after
    January 1, 1959, by an act of that state in violation of the
    principles of international law, including the principles of
    compensation and the other standards set out in this subsection:
    Provided, That this subparagraph shall not be applicable (1) in any
    case in which an act of a foreign state is not contrary to
    international law or with respect to a claim of title or other
    right to property acquired pursuant to an irrevocable letter of
    credit of not more than 180 days duration issued in good faith
    prior to the time of the confiscation or other taking, or (2) in
    any case with respect to which the President determines that
    application of the act of state doctrine is required in that
    particular case by the foreign policy interests of the United
    States and a suggestion to this effect is filed on his behalf in
    that case with the court.
    (f) Prohibition against assistance to Communist countries;
      conditions for waiver of restriction by President; enumeration of
      Communist countries; removal from application of provisions;
      preconditions
      (1) No assistance shall be furnished under this chapter, (except
    section 2174(b) of this title) to any Communist country. This
    restriction may not be waived pursuant to any authority contained
    in this chapter unless the President finds and promptly reports to
    Congress that: (A) such assistance is vital to the security of the
    United States; (B) the recipient country is not controlled by the
    international Communist conspiracy; and (C) such assistance will
    further promote the independence of the recipient country from
    international communism. For the purposes of this subsection, the
    phrase "Communist country" includes specifically, but is not
    limited to, the following countries:
        Democratic People's Republic of Korea,
        People's Republic of China,
        Republic of Cuba,
        Socialist Republic of Vietnam,
        Tibet,(!1)


      (2) Notwithstanding the provisions of paragraph (1) of this
    subsection, the President may remove a country, for such period as
    the President determines, from the application of this subsection,
    and other provisions which reference this subsection, if the
    President determines and reports to the Congress that such action
    is important to the national interest of the United States. It is
    the sense of the Congress that when consideration is given to
    authorizing assistance to a country removed from the application of
    this subsection, one of the factors to be weighed, among others, is
    whether the country in question is giving evidence of fostering the
    establishment of a genuinely democratic system, with respect for
    internationally recognized human rights.
    (g) Use of assistance funds to compensate owners for expropriated
      or nationalized property; waiver for land reform programs
      Notwithstanding any other provision of law, no monetary
    assistance shall be made available under this chapter to any
    government or political subdivision or agency of such government
    which will be used to compensate owners for expropriated or
    nationalized property and, upon finding by the President that such
    assistance has been used by any government for such purpose, no
    further assistance under this chapter shall be furnished to such
    government until appropriate reimbursement is made to the United
    States for sums so diverted. This prohibition shall not apply to
    monetary assistance made available for use by a government (or a
    political subdivision or agency of a government) to compensate
    nationals of that country in accordance with a land reform program,
    if the President determines that monetary assistance for such land
    reform program will further the national interests of the United
    States.
    (h) Regulations and procedures to insure aid is not used contrary
      to the best interests of the United States
      The President shall adopt regulations and establish procedures to
    insure that United States foreign aid is not used in a manner
    which, contrary to the best interests of the United States,
    promotes or assists the foreign aid projects or activities of any
    country that is a Communist country for purposes of subsection (f)
    of this section.
    (i) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
      1981, 95 Stat. 1560
    (j) Damage or destruction by mob action of United States property;
      termination of assistance
      The President shall consider terminating assistance under this
    chapter or any other Act to any country which permits, or fails to
    take adequate measures to prevent, the damage or destruction by mob
    action of United States property within such country, and fails to
    take appropriate measures to prevent a recurrence thereof and to
    provide adequate compensation for such damage or destruction.
    (k) Maximum amount of assistance, including military assistance to
      individual countries without approval of or presentation to
      Congress
      Without the express approval of Congress, no assistance shall be
    furnished under this chapter to any country for construction of any
    productive enterprise with respect to which the aggregate value of
    assistance to be furnished by the United States will exceed
    $100,000,000, except that this sentence does not apply with respect
    to assistance for construction of any productive enterprise in
    Egypt which is described in the presentation materials to Congress.
    Except as otherwise provided in section 2318 of this title, no
    military assistance shall be furnished to any country under this
    chapter for carrying out any program, with respect to which the
    aggregate value of assistance to be furnished beginning July 1,
    1966, by the United States will exceed $100,000,000 unless such
    program has been included in the presentation to the Congress
    during its consideration of authorizations for appropriations under
    this chapter or of appropriations pursuant to authorizations
    contained in this chapter. No provision of this chapter or any
    other Act shall be construed to authorize the President to waive
    the provisions of this subsection.
    (l) Institution of investment guaranty program
      The President shall consider denying assistance under this
    chapter to the government of any less developed country which,
    after December 31, 1966, has failed to enter into an agreement with
    the President to institute the investment guaranty program under
    section 2194(a)(1) of this title, providing protection against the
    specific risks of inconvertibility under subparagraph (A), and
    expropriation or confiscation under subparagraph (B), of such
    section 2194(a)(1).
    (m) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1), Dec. 29,
      1981, 95 Stat. 1560
    (n) Repealed. Pub. L. 95-88, title I, Sec. 123(b), Aug. 3, 1977, 91
      Stat. 541
    (o) Exclusion from assistance of countries seizing or imposing
      penalties or sanctions against United States fishing vessels
      In determining whether or not to furnish assistance under this
    chapter, consideration shall be given to excluding from such
    assistance any country which hereafter seizes, or imposes any
    penalty or sanction against, any United States fishing vessel on
    account of its fishing activities in international waters. The
    provisions of this subsection shall not be applicable in any case
    governed by international agreement to which the United States is a
    party.
    (p) Repealed. Pub. L. 93-559, Sec. 44, Dec. 30, 1974, 88 Stat. 1813
    (q) Defaults in principal or interest payments on loans; meeting
      obligations under loans; notice to Congressional committees
      No assistance shall be furnished under this chapter to any
    country which is in default, during a period in excess of six
    calendar months, in payment to the United States of principal or
    interest on any loan made to such country under this chapter,
    unless such country meets its obligations under the loan or unless
    the President determines that assistance to such country is in the
    national interest and notifies the Speaker of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate of such determination.
    (r) Liability for repayment of principal or interest on loans
      outstanding after September 19, 1966
      No recipient of a loan made under the authority of this chapter,
    any part of which is outstanding on or after September 19, 1966,
    shall be relieved of liability for the repayment of any part of the
    principal of or interest on such loan.
    (s) Restraint of arms races and proliferation of sophisticated
      weapons
      (1) In order to restrain arms races and proliferation of
    sophisticated weapons, and to ensure that resources intended for
    economic development are not diverted to military purposes, the
    President shall take into account before furnishing development
    loans, Alliance loans or supporting assistance to any country under
    this chapter, and before making sales under the Agricultural Trade
    Development and Assistance Act of 1954, as amended [7 U.S.C. 1691
    et seq.]:
        (A) the percentage of the recipient or purchasing country's
      budget which is devoted to military purposes; and
        (B) the degree to which the recipient or purchasing country is
      using its foreign exchange or other resources to acquire military
      equipment.

      (2) Omitted.
    (t) Diplomatic relations; severance, resumption, and negotiation of
      agreements
      No assistance shall be furnished under this chapter or any other
    Act, and no sales shall be made under the Agricultural Trade
    Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.], in
    or to any country which has severed or hereafter severs diplomatic
    relations with the United States or with which the United States
    has severed or hereafter severs diplomatic relations, unless (1)
    diplomatic relations have been resumed with such country and (2)
    agreements for the furnishing of such assistance or the making of
    such sales, as the case may be, have been negotiated and entered
    into after the resumption of diplomatic relations with such
    country.
    (u) Status of country with respect to obligations to the United
      Nations; report to Congress
      In any decision to provide or continue to provide any program of
    assistance to any country under this chapter, there shall be taken
    into account the status of the country with respect to its dues,
    assessments, and other obligations to the United Nations; and where
    such country is delinquent with respect to any such obligations for
    the purposes of the first sentence of Article 19 of the United
    Nations Charter, the President shall furnish the Committee on
    Foreign Relations of the Senate and the Speaker of the House of
    Representatives a report setting forth the assurance given by the
    government of the country concerned of paying all of its arrearages
    and of placing its payments of such obligations on a current basis,
    or a full explanation of the unusual or exceptional circumstances
    which render it economically incapable of giving such assurance.
    (v) Repealed. Pub. L. 93-559, Sec. 24, Dec. 30, 1974, 88 Stat. 1802
    (w) Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct. 6,
      1978, 92 Stat. 959
    (x) Omitted
    (y) Limitation on assistance to countries aiding Cuba nuclear
      development
      (1) Except as provided in paragraph (2), the President shall
    withhold from amounts made available under this chapter or any
    other Act and allocated for a country for a fiscal year an amount
    equal to the aggregate value of nuclear fuel and related assistance
    and credits provided by that country, or any entity of that
    country, to Cuba during the preceding fiscal year.
      (2) The requirement to withhold assistance for a country for a
    fiscal year under paragraph (1) shall not apply if Cuba - 
        (A) has ratified the Treaty on the Non-Proliferation of Nuclear
      Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in
      compliance with the requirements of either such Treaty;
        (B) has negotiated and is in compliance with full-scope
      safeguards of the International Atomic Energy Agency not later
      than two years after ratification by Cuba of such Treaty; and
        (C) incorporates and is in compliance with internationally
      accepted nuclear safety standards.

      (3) The Secretary of State shall prepare and submit to the
    Congress each year a report containing a description of the amount
    of nuclear fuel and related assistance and credits provided by any
    country, or any entity of a country, to Cuba during the preceding
    year, including the terms of each transfer of such fuel,
    assistance, or credits.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620, Sept. 4, 1961, 75 Stat. 444;
    Pub. L. 87-565, pt. III, Sec. 301(d), Aug. 1, 1962, 76 Stat. 260;
    Pub. L. 88-205, pt. III, Sec. 301(e), Dec. 16, 1963, 77 Stat. 386;
    Pub. L. 88-633, pt. III, Sec. 301(d)-(g), Oct. 7, 1964, 78 Stat.
    1013; Pub. L. 89-171, pt. III, Sec. 301(d), Sept. 6, 1965, 79 Stat.
    659; Pub. L. 89-583, pt. III, Sec. 301(h), Sept. 19, 1966, 80 Stat.
    805, 806; Pub. L. 90-137, pt. III, Sec. 301(f), Nov. 14, 1967, 81
    Stat. 459; Pub. L. 90-554, pt. III, Sec. 301(c), Oct. 8, 1968, 82
    Stat. 963; Pub. L. 91-175, pt. III, Sec. 303, Dec. 30, 1969, 83
    Stat. 820; Pub. L. 92-226, pt. III, Sec. 301, Feb. 7, 1972, 86
    Stat. 27; Pub. L. 93-189, Sec. 15, Dec. 17, 1973, 87 Stat. 722;
    Pub. L. 93-559, Secs. 22-24, 44, Dec. 30, 1974, 88 Stat. 1801,
    1802, 1813; Pub. L. 94-104, Sec. 2(c)(1), (2), Oct. 6, 1975, 89
    Stat. 509; Pub. L. 94-329, title IV, Sec. 403, title VI, Sec. 606,
    June 30, 1976, 90 Stat. 757, 768; Pub. L. 95-88, title I, Sec.
    123(a), (b), Aug. 3, 1977, 91 Stat. 541; Pub. L. 95-92, Sec. 22(d),
    Aug. 4, 1977, 91 Stat. 624; Pub. L. 95-384, Sec. 13(a), Sept. 26,
    1978, 92 Stat. 737; Pub. L. 95-424, title I, Secs. 102(g)(2)(F),
    115(k), title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 943, 952,
    959; Pub. L. 96-533, title II, Sec. 203, Dec. 16, 1980, 94 Stat.
    3145; Pub. L. 97-113, title VII, Secs. 702, 707, 734(a)(1), (13),
    (b), Dec. 29, 1981, 95 Stat. 1544, 1546, 1560; Pub. L. 99-83, title
    XII, Secs. 1202, 1203, Aug. 8, 1985, 99 Stat. 276, 277; Pub. L. 102-
    511, title IX, Sec. 901, Oct. 24, 1992, 106 Stat. 3355; Pub. L.
    103-199, title VII, Sec. 705(3), Dec. 17, 1993, 107 Stat. 2328;
    Pub. L. 103-306, title V, Sec. 573, Aug. 23, 1994, 108 Stat. 1653;
    Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2810(a),
    Oct. 21, 1998, 112 Stat. 2681-850.)


-STATAMEND-
                           AMENDMENT OF SECTION                       
      Pub. L. 104-114, title II, Sec. 204(d)(1), (2), Mar. 12, 1996,
    110 Stat. 810, provided that on date on which President submits
    determination under section 6063(c)(3) of this title that
    democratically elected government in Cuba is in power, this section
    is amended by repealing subsec. (a) and by striking out "Republic
    of Cuba" in subsec. (f).

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (c), (e), (f)(1), (g),
    (j) to (l), (o), (q) to (t), (u), and (y), was in the original
    "this Act", except in subsec. (u), where it was "the Foreign
    Assistance Act of 1961", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended. For complete classification of this Act to
    the Code, see Short Title note set out under section 2151 of this
    title and Tables.
      Reorganization Plan No. 1 of 1954, 68 Stat. 1279, referred to in
    subsec. (e)(1), is set out in the Appendix to Title 5, Government
    Organization and Employees.
      The Agricultural Trade Development and Assistance Act of 1954, as
    amended, referred to in subsecs. (s)(1) and (t), is act July 10,
    1954, ch. 469, 68 Stat. 454, which is classified principally to
    chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1691 of Title 7 and Tables.


-MISC1-
            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      Subsec. (s)(2) of this section, which required the President to
    report annually to the Speaker of the House of Representatives and
    the Committee on Foreign Relations of the Senate on actions taken
    to carry out this provision, terminated, effective May 15, 2000,
    pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance. See,
    also, page 26 of House Document No. 103-7.
      Subsec. (x) was omitted pursuant to Pub. L. 95-384, Sec. 13(a),
    Sept. 26, 1978, 92 Stat. 737, which provided that subsec. (x) be of
    no further force and effect upon the President's determination and
    certification of certain conditions precedent which was made by
    Presidential Memorandum dated Sept. 26, 1978. See notes set out
    below.


-MISC2-
                                AMENDMENTS                            
      1998 - Subsec. (y). Pub. L. 105-277 added subsec. (y).
      1994 - Subsec. (f)(1). Pub. L. 103-306, which directed the
    amendment of par. (1) by striking out from the list of countries
    "Mongolian People's Republic.", was executed by striking out
    "Mongolian People's Republic," to reflect the probable intent of
    Congress.
      1993 - Subsec. (h). Pub. L. 103-199 substituted "any country that
    is a Communist country for purposes of subsection (f) of this
    section" for "the Communist-bloc countries".
      1992 - Subsec. (f)(1). Pub. L. 102-511, which directed the
    amendment of par. (1) by striking out from the list of countries
    "Czechoslovak Socialist Republic.", "Estonia.", "German Democratic
    Republic.", "Hungarian People's Republic.", "Latvia.",
    "Lithuania.", "People's Republic of Albania.", "People's Republic
    of Bulgaria.", "Polish People's Republic.", "Socialist Federal
    Republic of Yugoslavia.", "Socialist Republic of Romania.", and
    "Union of Soviet Socialist Republics (including its captive
    constituent republics).", was executed by striking out those
    countries and the comma which followed each country in the original
    and not a period as shown in the directory language.
      1985 - Subsec. (f). Pub. L. 99-83, Sec. 1202, designated existing
    provisions as par. (1) and redesignated cls. (1), (2), and (3) as
    (A), (B), and (C), respectively, and added par. (2).
      Subsec. (g). Pub. L. 99-83, Sec. 1203, inserted provisions
    relating to waiver of prohibitions in cases of land reform
    programs.
      1981 - Subsec. (b). Pub. L. 97-113, Sec. 734(a)(1), struck out
    subsec. (b) which prohibited aid to countries unless the President
    determined that they were not dominated by the international
    Communist movement. See subsec. (f) of this section.
      Subsec. (f). Pub. L. 97-113, Sec. 707, substituted "includes
    specifically, but is not limited to" for "shall include
    specifically, but not be limited to", repeated in a different
    sequence the list of countries included within the phrase
    "Communist country", and substituted "Democratic People's Republic
    of Korea" for "North Korean Peoples Republic", "German Democratic
    Republic" for "German Democratic Republic (East Germany)",
    "Mongolian People's Republic" for "Outer Mongolia-Mongolian Peoples
    Republic", "Republic of Cuba" for "Cuba", "Socialist Federal
    Republic of Yugoslavia" for "Federal Peoples Republic of
    Yugoslavia", "Socialist Republic of Romania" for "Rumanian Peoples
    Republic", and "Socialist Republic of Vietnam" for "North Vietnam".
      Subsec. (i). Pub. L. 97-113, Sec. 734(a)(1), struck out subsec.
    (i) which prohibited aid to countries determined by the President
    to be engaging in or prepared for aggressive military efforts,
    insurrection, or subversion against the United States or any
    country receiving United States aid.
      Subsec. (k). Pub. L. 97-113, Sec. 702, struck out "for fiscal
    year 1977, fiscal year 1980, or fiscal year 1981" after
    "presentation materials to Congress".
      Subsec. (m). Pub. L. 97-113, Sec. 734(a)(1), struck out subsec.
    (m) which prohibited grant assistance, except for International
    Military Education and Training, to any economically developed
    nation capable of sustaining its own defense burden and economic
    growth.
      Subsec. (s)(1). Pub. L. 97-113, Sec. 734(b), substituted in
    subpar. (B) "foreign exchange or other resources" for "foreign
    exchange resources" and struck out subpar. (C), which directed the
    President to take into account the amount spent by the recipient or
    purchasing country for the purchase of sophisticated weapons
    systems, such as missile systems and jet aircraft for military
    purposes, from any country.
      1980 - Subsec. (k). Pub. L. 96-533 exempted from express
    Congressional approval productive enterprises in Egypt described in
    the presentation to Congress for fiscal years 1980 and 1981.
      1978 - Subsec. (d). Pub. L. 95-424, Sec. 102(g)(2)(F),
    substituted "on a loan basis under part I of subchapter I of this
    chapter" for "under section 2161 of this title".
      Subsec. (l). Pub. L. 95-424, Sec. 115(k), substituted
    "2194(a)(1)" for "2181(b)(1)" in two places.
      Subsec. (w). Pub. L. 95-424, Sec. 502(d)(1), struck out subsec.
    (w) relating to suspension and future resumption of military,
    economic, etc., assistance to the Government of Pakistan.
      1977 - Subsec. (a)(1). Pub. L. 95-88, Sec. 123(a)(1), struck out
    provision that no assistance be furnished to any country which
    furnished assistance to the government of Cuba unless the President
    determined that assistance to the supplying country was in the
    national interest of the United States.
      Subsec. (a)(3). Pub. L. 95-88, Sec. 123(a)(2), struck out par.
    (3) which had directed that no funds be used to furnish assistance
    to countries which had not taken steps to prevent ships or aircraft
    of their registry from transporting equipment, materials, or
    commodities to Cuba.
      Subsec. (n). Pub. L. 95-88, Sec. 123(b), struck out subsec. (n)
    which had prohibited the giving of aid to countries that sold or
    furnished to North Vietnam, or permitted their ships or aircraft to
    carry to or from North Vietnam, equipment, materials, or
    commodities, unless the President determined that the giving of aid
    was in the national interest.
      Subsec. (x)(1). Pub. L. 95-92 substituted "1978" for "1976, the
    period beginning July 1, 1976, and ending September 30, 1976, and
    the fiscal year 1977," and provisions authorizing $175,000,000
    during the fiscal year 1978 for Turkey as the total value of
    defense articles and services sold to such country, for provisions
    authorizing $125,000,000 during the fiscal year 1976, and the
    period beginning July 1, 1976, and ending Sept. 30, 1976, and
    $125,000,000 during the fiscal year 1977 for Turkey as the total
    value of defense articles and services sold to such country.
      1976 - Subsec. (k). Pub. L. 94-329, Sec. 606, inserted provision
    exempting from the condition of express approval of Congress any
    productive enterprise in Egypt which is described in the
    presentation to Congress for fiscal year 1977.
      Subsec. (x)(1). Pub. L. 94-329, Sec. 403, further modified
    existing restrictions on assistance to Turkey by allowing the
    procurement under specified conditions of $125 million in defense
    articles and defense services by Turkey, provided that the
    President determines that such articles and services are necessary
    to enable Turkey to fulfill her defense responsibilities as a
    member of the North Atlantic Treaty Organization.
      1975 - Subsec. (x). Pub. L. 94-104 redesignated existing
    provisions as par. (1), substituted provisions authorizing the
    President to suspend the provisions of this section and of section
    2753(c) of this title with respect to sales, credits, and
    guaranties under the Foreign Military Sales Act, for the
    procurement of defense articles and services certified by the
    President to be necessary to enable Turkey to fulfill her defense
    responsibilities as a member of NATO and that such suspension shall
    be effective only while Turkey observes the cease-fire and neither
    increases its forces on Cyprus nor transfers to Cyprus any United
    States supplied arms, ammunition, and implements of war for
    provisions authorizing the President to suspend the provisions of
    this section and certain other Acts if he determined that such
    suspension would further negotiations for a peaceful solution of
    the Cyprus conflict and that such suspension shall be effective
    only until Feb. 5, 1975, and if, during that time, Turkey observed
    cease-fire and neither increased its forces on Cyprus nor
    transferred to Cyprus any United States supplied implements of war,
    and added par. (2).
      1974 - Subsec. (n). Pub. L. 93-559, Sec. 23, authorized
    assistance when determined by the President to be in the national
    interest of the United States.
      Subsec. (p). Pub. L. 93-559, Sec. 44, repealed subsec. (p)
    relating to assistance to United Arab Republic if essential to
    national interest of United States, and without any aid to
    aggressive actions by the United Arab Republic, and reports to
    Congressional committees.
      Subsec. (v). Pub. L. 93-559, Sec. 24, repealed subsec. (v)
    relating to prohibition against assistance to Greece, waiver of the
    restriction by the President, report to Congress, and fiscal year
    limitation of assistance made available to Greece.
      Subsec. (x). Pub. L. 93-559, Sec. 22, added subsec. (x).
      1973 - Subsec. (e)(1). Pub. L. 93-189 substituted "the provisions
    of this subsection shall not be waived with respect to any country
    unless the President determines and certifies that such a waiver is
    important to the national interest of the United States. Such
    certification shall be reported immediately to Congress", for "no
    other provision of this chapter shall be so construed to authorize
    the President to waive the provisions of this subsection".
      1972 - Subsecs. (v), (w). Pub. L. 92-226 added subsecs. (v) and
    (w).
      1969 - Subsec. (s). Pub. L. 91-175, Sec. 303(a), struck out
    provision empowering President to terminate assistance when he
    finds it is being diverted to military expenditures, continued
    provision requiring President to take military expenditures into
    account when furnishing assistance under this chapter and under the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended, inserted provision requiring President to take into
    account amount spent by recipient on sophisticated weapons systems,
    and inserted provision requiring President to report annually to
    the Speaker of the House of Representatives and the Committee on
    Foreign Relations of the Senate his actions in carrying out this
    section.
      Subsec. (v). Pub. L. 91-175, Sec. 303(b), repealed subsec. (v)
    covering the withholding of assistance to countries with
    expenditures for weapons systems. See subsec. (s) of this section.
      1968 - Subsec. (v). Pub. L. 90-554, added subsec. (v).
      1967 - Subsec. (j). Pub. L. 90-137, Sec. 301(f)(1), substituted
    provisions for termination of assistance to countries because of
    damage or destruction by mob action of United States property
    (incorporated from former penultimate paragraph of section 2151 of
    this title) for former provisions for assistance to Indonesia if
    essential to national interests of United States and reports
    thereof to Congress.
      Subsec. (k). Pub. L. 90-137, Sec. 301(f)(2), substituted "506"
    for "510", classified to the Code as section 2318 of this title.
      Subsec. (n). Pub. L. 90-137, Sec. 301(f)(3), restated the
    prohibition against assistance to define the kind of assistance
    meant, that is, loans, credits, guarantees, or grants or other
    assistance, to extend the prohibition to assistance under any other
    Act and to sales under the Agricultural Trade Development and
    Assistance Act of 1954, and to eliminate specific reference to such
    items of transportation as items of economic assistance, and war
    materials, such as arms, ammunition and implements of war, atomic
    energy materials, petroleum, transportation materials of strategic
    value, and items of primary strategic significance used in
    production of arms, ammunition, and implements of war.
      Subsecs. (s) to (u). Pub. L. 90-137, Sec. 301(f)(4), added
    subsecs. (s) to (u).
      1966 - Subsec. (i). Pub. L. 89-583, Sec. 301(h)(1), provided for
    denial of assistance to any country which hereafter is officially
    represented at any international conference when that
    representation includes planning of activities involving
    insurrection or subversion, which military efforts, insurrection,
    or subversion are directed as described in the subsec., for
    Executive determination that such representation has ceased and for
    report to Congress that such representation will not be renewed or
    repeated.
      Subsec. (k). Pub. L. 89-583, Sec. 301(h)(2), made permanent the
    temporary (calendar year 1965) prohibition against the initiation
    of projects exceeding $100,000,000 without the express approval of
    Congress and included military assistance amounting in the
    aggregate to more than $100,000,000.
      Subsec. (l). Pub. L. 89-583, Sec. 301(h)(3), substituted "The
    President shall consider denying assistance under this chapter to
    the government of any less developed country which, after December
    31, 1966," for "No assistance shall be provided under this chapter
    after December 31, 1966, to the government of any less developed
    country which".
      Subsec. (n). Pub. L. 89-583, Sec. 301(h)(4), substituted "no
    assistance shall be furnished" and "September 19, 1966" for "the
    President shall consider denying assistance" and "September 6,
    1965", respectively.
      Subsecs. (p) to (r). Pub. L. 89-583, Sec. 301(h)(5), added
    subsecs. (p) to (r).
      1965 - Subsec. (e)(2). Pub. L. 89-171, Sec. 301(d)(2),
    substituted "other right to property" for "other right" in two
    places and deleted cl. (3) which made this subparagraph
    inapplicable in any case in which the proceedings are commenced
    after Jan. 1, 1966.
      Subsec. (l). Pub. L. 89-171, Sec. 301(d)(3), substituted
    "December 31, 1966" for "December 31, 1965".
      Subsecs. (n), (o). Pub. L. 89-171, Sec. 301(d)(4), added subsecs.
    (n) and (o).
      1964 - Subsec. (e). Pub. L. 88-633, Sec. 301(d), designated
    existing provisions as par. (1), redesignated subpars. (1) to (3)
    thereof as subpars. (A) to (C), substituted therein "subparagraphs
    (A), (B), or (C) of this paragraph" for "paragraphs (1), (2), or
    (3) of this subsection", and added par. (2).
      Subsec. (f). Pub. L. 88-633, Sec. 301(e), inserted "(including
    its captive constituent republics)" after "Union of Soviet
    Socialist Republics".
      Subsec. (k). Pub. L. 88-633, Sec. 301(f), substituted "1965" for
    "1964" in two places.
      Subsec. (m). Pub. L. 88-633, Sec. 301(g), substituted "during
    each fiscal year" for "during fiscal year 1964" and "$500,000" for
    "$1,000,000".
      1963 - Subsec. (a). Pub. L. 88-205, Sec. 301(e)(1), designated
    existing provisions as par. (1) and added pars. (2) and (3).
      Subsec. (e). Pub. L. 88-205, Sec. 301(e)(2), empowered the
    President to suspend assistance provided under any other act as
    well as under this chapter, inserted references to the repudiation
    or nullification of existing contracts or agreements with U.S.
    citizens or corporations, partnerships or associations not less
    than 50 percent beneficially owned by U.S. citizens, substituted
    "in the event of a referral to the Foreign Claims Settlement
    Commission of the United States within such period as provided
    herein, not more than twenty days after the report of the
    Commission is received" for "after August 1, 1962, whichever is
    later", required compensation for property to be "equivalent to the
    full value thereof", and authorized the Foreign Claims Settlement
    Commission to determine the full value of property nationalized,
    expropriated, or seized upon the President's request, and to render
    an advisory report to him thereon.
      Subsecs. (i) to (m). Pub. L. 88-205, Sec. 301(e)(3), added
    subsecs. (i) to (m).
      1962 - Subsec. (a). Pub. L. 87-565, Sec. 301(d)(1), prohibited
    assistance to any country which furnishes assistance to the present
    government of Cuba unless the President determines that such
    assistance is in the national interest of the United States.
      Subsec. (c). Pub. L. 87-565, Sec. 301(d)(2), extended the
    prohibition against providing assistance to cases where the goods
    or services have been ordered, and where the indebtedness arises
    under an unconditional guaranty of payment, provided the President
    does not find such action contrary to the national security, and
    inserted "which shall include arbitration" after "exhausted
    available legal remedies".
      Subsecs. (e) to (h). Pub. L. 87-565, Sec. 301(d)(3), added
    subsecs. (e) to (h).

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2810(b),
    Oct. 21, 1998, 112 Stat. 2681-851, provided that: "Section 620(y)
    of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(y)], as added
    by subsection (a), shall apply with respect to assistance provided
    in fiscal years beginning on or after the date of the enactment of
    this Act [Oct. 21, 1998]."

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 2(c)(5) of Pub. L. 94-104 provided that: "This subsection
    [amending this section] shall become effective only upon enactment
    of foreign assistance legislation authorizing sales, credits, and
    guaranties under the Foreign Military Sales Act [section 2751 et
    seq. of this title] for fiscal year 1976."

                                  REPEALS                              
      Pub. L. 95-92, Sec. 22(d), Aug. 4, 1977, 91 Stat. 624, cited as a
    credit to this section, was repealed by Pub. L. 97-113, title VII,
    Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                     ASSISTANCE AND SALES TO ARGENTINA                 
      Pub. L. 97-113, title VII, Sec. 725(b), (c), Dec. 29, 1981, 95
    Stat. 1553, related to the provision of assistance and credits,
    loan guarantees, defense articles and services, export licenses,
    etc., by United States to Argentina, prior to repeal by Pub. L. 101-
    162, title V, Nov. 21, 1989, 103 Stat. 1030.

     LIMITATIONS ON ASSISTANCE, SALES, CREDITS, AND EXPORT LICENSES TO
                                   CHILE
      Section 726(b), (c) of Pub. L. 97-113, as amended by Pub. L. 99-
    83, title VII, Sec. 715, Aug. 8, 1985, 99 Stat. 247; Pub. L. 101-
    513, title V, Sec. 544(b), Nov. 5, 1990, 104 Stat. 2019, provided
    that:
      "(b) Notwithstanding any other provision of law - 
        "(1) no assistance may be furnished under chapter 2, 4, 5, or 6
      of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2311
      et seq., 2346 et seq., 2347 et seq., 2348 et seq.] to Chile;
        "(2) no sale of defense articles or services may be made under
      the Arms Export Control Act [22 U.S.C. 2751 et seq.] to Chile;
        "(3) no credits (including participation in credits) may be
      extended and no loan may be guaranteed under the Arms Export
      Control Act [22 U.S.C. 2751 et seq.] with respect to Chile; and
        "(4) no export licenses may be issued under section 38 of the
      Arms Export Control Act [22 U.S.C. 2778] to or for the Government
      of Chile;
    unless and until the President submits to the Speaker of the House
    of Representatives and the chairman of the Committee on Foreign
    Relations of the Senate a detailed report certifying - 
        "(A) that the Government of Chile has made significant progress
      in complying with internationally recognized principles of human
      rights;
        "(B) that the provision of such assistance, articles or
      services is in the national interest of the United States; and
        "(C) that the Government of Chile is not aiding or abetting
      international terrorism and has taken appropriate steps to
      cooperate to bring to justice by all legal means available in the
      United States or Chile those indicted by a United States grand
      jury in connection with the murders of Orlando Letelier and Ronni
      Moffitt.
      "(c) The prohibition contained in subsection (b) does not
    prohibit the sale, or the licensing for export, of cartridge
    actuated devices, propellant actuated devices, components, parts,
    tools, technical manuals, time compliance to technical orders
    (TCTOs), or TCTO retrofits for aircraft of the F-5E/F, A/T-37, or C-
    130E/H type owned by the Chilean Air Force, so long as the items
    are provided only for purposes of enhancing the safety of the
    aircraft crew."
      Section 406 of Pub. L. 94-329, as amended by Pub. L. 95-384,
    Secs. 10(b)(5), 12(c)(5), Sept. 26, 1978, 92 Stat. 735, 737, set
    forth limitations with respect to assistance, sales and credit for
    Chile, prior to repeal by Pub. L. 97-113, title VII, Sec. 726(a),
    Dec. 29, 1981, 95 Stat. 1554.
      Section 25 of Pub. L. 93-559 provided that notwithstanding any
    other provision of law, the total amount of assistance that was to
    be made available for Chile under this chapter, and the Foreign
    Military Sales Act, section 2751 et seq. of this title, during
    fiscal year 1975, was not to exceed $25,000,000, none of which was
    to be made available for the purpose of providing military
    assistance (including security supporting assistance, sales, credit
    sales, or guaranties or the furnishing by any means of excess
    defense articles or items from stockpiles of the Department of
    Defense), prior to repeal by Pub. L. 97-113, title VII, Sec.
    734(a)(8), Dec. 29, 1981, 95 Stat. 1560.

                        ASSISTANCE FOR EL SALVADOR                    
      Pub. L. 101-513, title V, Sec. 531, Nov. 5, 1990, 104 Stat. 2009,
    as amended by Pub. L. 103-236, title I, Sec. 139(22), Apr. 30,
    1994, 108 Stat. 399, provided that:
      "(a) Statement of Policy. - United States military assistance to
    the Government of El Salvador shall seek three principal foreign
    policy objectives, as follows: (1) to promote a permanent
    settlement and cease-fire to the conflict in El Salvador, with the
    Secretary General of the United Nations serving as an active
    mediator between the opposing parties; (2) to foster greater
    respect for basic human rights, and the rule of law; and (3) to
    advance political accommodation and national reconciliation.
      "(b) Maximum Level of Military Assistance. - Of the funds
    available for United States military assistance for fiscal year
    1991, not more than $85,000,000 shall be made available for El
    Salvador.
      "(c) Prohibition of Military Assistance. - (1) Prohibition. -
    Subject to paragraph (2), no United States military assistance may
    be furnished to the Government of El Salvador if the President
    determines and reports in writing to the Congress that - 
        "(A) after he has consulted with the Secretary General of the
      United Nations, the Government of El Salvador has declined to
      participate in good faith in negotiations for a permanent
      settlement and cease-fire to the armed conflict of El Salvador;
        "(B) the Government of El Salvador has rejected or otherwise
      failed to support an active role for the Secretary General of the
      United Nations in mediating that settlement;
        "(C) the Government of El Salvador has rejected a plan for the
      settlement of the conflict which - 
          "(i) has been put forward by the Secretary General of the
        United Nations in accordance with the terms and procedures in
        the April 4, 1990 Geneva Communique and the May 21, 1990
        Caracas Accord between the Government of El Salvador and the
        FMLN;
          "(ii) includes a proposal for an internationally monitored
        cease-fire; and
          "(iii) has been accepted, within 15 days from its
        announcement, by the FMLN and is being complied with by the
        FMLN;
        "(D) the Government of El Salvador has failed to conduct a
      thorough and professional investigation into, and prosecution of
      those responsible for the eight murders at the University of
      Central America on November 16, 1989; or
        "(E) the military and security forces of El Salvador are
      assassinating or abducting civilian noncombatants, are engaging
      in other acts of violence directed at civilian targets, or are
      failing to control such activities by elements subject to the
      control of those forces; or
        "(F) the Government of El Salvador has failed to actively seek
      and encourage a law enforcement service from outside El Salvador,
      such as Scotland Yard or INTERPOL, to accompany and monitor
      investigators of the Government of El Salvador in their
      investigation into the eight murders at the University of Central
      America on November 16, 1989.
      "(2) Requirement for resumption of assistance. - Assistance
    prohibited under paragraph (1) may only be resumed pursuant to a
    law subsequently enacted by the Congress.
      "(d) Withholding of Military Assistance. - (1) In General. -
    Fifty per centum of the total United States military assistance
    allocated for El Salvador for fiscal year 1991 shall be withheld
    from obligation or expenditure (as the case may be) except as
    provided in paragraphs (2) and (3).
      "(2) Release of Assistance. - The United States military
    assistance withheld pursuant to paragraph (1) may be obligated and
    expended only if the President determines and reports in writing to
    the Congress that - 
        "(A) after he has consulted with the Secretary General of the
      United Nations, the representatives of the FMLN - 
          "(i) have declined to participate in good faith in
        negotiations for a permanent settlement and cease-fire to the
        armed conflict in El Salvador, or
          "(ii) have rejected or otherwise failed to support an active
        role for the Secretary General of the United Nations in
        mediating that settlement;
        "(B) the FMLN has rejected a plan for the settlement of the
      conflict which - 
          "(i) has been put forward by the Secretary General of the
        United Nations in accordance with the terms and procedures in
        the April 4, 1990 Geneva Communique and the May 21, 1990
        Caracas Accord between the Government of El Salvador and the
        FMLN;
          "(ii) includes a proposal for an internationally monitored
        cease-fire; and
          "(iii) has been accepted, within 15 days from its
        announcement, by the Government of El Salvador and is being
        complied with by the Government of El Salvador;
        "(C) the survival of the constitutional Government of El
      Salvador is being jeopardized by substantial and sustained
      offensive military actions or operations by the FMLN;
        "(D) proof exists that the FMLN is continuing to acquire or
      receive significant shipments of lethal military assistance from
      outside El Salvador, and this proof has been shared with the
      Congress; or
        "(E) the FMLN is assassinating or abducting civilian
      noncombatants, is engaging in other acts of violence directed at
      civilian targets, or is failing to control such activities by
      elements subject to FMLN control.
      "(3) Exception. - Notwithstanding any other provision of law,
    funds withheld pursuant to paragraph (1) of this subsection may be
    disbursed to pay the cost of any contract penalties which may be
    incurred as a result of such withholding of funds under this
    subsection.
      "(e) Condition for Termination of All United States Assistance. -
    (1) Prohibition. - Subject to paragraph (2), no United States
    assistance may be furnished to El Salvador if the duly-elected head
    of Government of El Salvador is deposed by military coup or decree.
      "(2) Requirement for Resumption of Assistance. - Assistance
    prohibited under paragraph (1) may only be resumed pursuant to a
    law subsequently enacted by the Congress.
      "(f) Establishment of a Fund for Cease-Fire Monitoring,
    Demobilization, and Transition to Peace. - (1) Establishment of
    Fund. - There is hereby established in the Treasury of the United
    States a fund to assist with the costs of monitoring a permanent
    settlement of the conflict, including a cease-fire, and the
    demobilization of combatants in the conflict in El Salvador, and
    their transition to peaceful pursuits, which shall be known as the
    'Demobilization and Transition Fund' (hereafter in this section
    referred to as the 'Fund'). Amounts in this Fund shall be available
    for obligation and expenditure only upon notification by the
    President to the Congress that the Government of El Salvador and
    representatives of the FMLN have reached a permanent settlement of
    the conflict, including a final agreement on a cease-fire.
      "(2) Transfer of Certain Military Assistance Funds. - Upon
    notification of the Congress of a permanent settlement of the
    conflict, including an agreement on a cease-fire, or on September
    30, 1991, if no such notification has occurred prior to that date,
    the President shall transfer to the Fund any United States military
    assistance funds withheld pursuant to subsection (d) of this
    section.
      "(3) Use of the Fund. - Notwithstanding any other provision of
    law, amounts in the Fund shall be available for El Salvador solely
    to support costs of demobilization, retraining, relocation, and
    reemployment in civilian pursuits of former combatants in the
    conflict in El Salvador, and of the monitoring of the permanent
    settlement and cease-fire.
      "(4) Duration of Availability of Funds. - Notwithstanding any
    other provision of law, amounts transferred to the Fund shall
    remain available until expended.
      "(g) Strengthening Civilian Control Over the Military. - In order
    to strengthen the control of the democratically-elected civilian
    Government of El Salvador over the armed forces of that country,
    United States military assistance for any fiscal year may be
    delivered to the armed forces of El Salvador only with the prior
    approval of the duly elected President of El Salvador.
      "(h) Support for Democracy. - (1) Establishing a Program. - The
    Secretary of State, through agreement with the National Endowment
    for Democracy or other qualified organizations, shall establish and
    carry out a program of education, training, and dialogue for the
    purpose of strengthening democratic political and legal
    institutions in El Salvador.
      "(2) Election Monitoring. - Of the amounts made available to
    carry out this subsection, up to $2,000,000 may be used for support
    for monitoring the 1991 municipal and National Assembly elections
    in El Salvador, and for monitoring the registration and campaign
    processes leading up to those elections, by appropriate
    organizations such as the United Nations, the Organization of
    American States, the Carter Center, the National Democratic
    Institute for International Affairs, the National Republican
    Institute for International Affairs, and the Center for Electoral
    Assistance and Promotion (CAPEL) of San Jose, Costa Rica.
      "(3) Assistance. - Up to $10,000,000 of funds appropriated under
    the heading 'Economic Support Fund' for fiscal year 1991 may be
    used to carry out this subsection.
      "(i) [Repealed. Pub. L. 103-236, title I, Sec. 139(22), Apr. 30,
    1994, 108 Stat. 399.]
      "(j) Definitions. - For purposes of this section - 
        "(1) the term 'United States assistance' has the same meaning
      as is given to such term by section 481(i)(4) of the Foreign
      Assistance Act of 1961 (22 U.S.C. 2291(i)(4)) and includes United
      States military assistance as defined in paragraph (2); and
        "(2) the term 'United States military assistance' means - 
          "(A) assistance to carry out chapter 2 (relating to grant
        military assistance) or chapter 5 (relating to international
        military education and training) of part II of the Foreign
        Assistance Act of 1961 [22 U.S.C. 2311 et seq., 2347 et seq.];
        and
          "(B) assistance to carry out section 23 of the Arms Export
        Control Act [22 U.S.C. 2763]."
      [For Presidential determination required by section 531(d) of
    Pub. L. 101-513, set out above, and for delegation of functions of
    President under section 531(i) of Pub. L. 101-513, see
    Determination of President, No. 91-15, Jan. 15, 1991, 56 F.R.
    4713.]
      Section 728 of Pub. L. 97-113, as amended by Pub. L. 97-233, Aug.
    10, 1982, 96 Stat. 260; Pub. L. 98-53, July 15, 1983, 97 Stat. 287,
    set forth findings of Congress concerning recent civil strife in El
    Salvador and need for substantial assistance to El Salvador and for
    fiscal years 1982 and 1983, restricted funds that could be
    obligated for assistance for El Salvador under chapter 2 or 5 of
    part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et
    seq., 2347 et seq.), letters of offer that could be issued and
    credits and guarantees that could be extended for El Salvador under
    the Arms Export Control Act (22 U.S.C. 2751 et seq.), and members
    of the Armed Forces that could be assigned or detailed to El
    Salvador to carry out functions under the Foreign Assistance Act of
    1961 (this chapter) or the Arms Export Control Act, only if not
    later than thirty days after Dec. 29, 1981, and every one hundred
    and eighty days thereafter, the President makes a specific
    certification.

          CARIBBEAN DEVELOPMENT BANK; ASSUMPTION OF MEMBER LOANS      
      Section 315 of Pub. L. 96-533 provided: "Notwithstanding section
    620(r) of the Foreign Assistance Act of 1961 [subsec. (r) of this
    section], the President may, after consultation with the Committee
    on Foreign Relations of the Senate and the Committee on Foreign
    Affairs [now Committee on International Relations] of the House of
    Representatives, make arrangements at his discretion for the
    assumption by the recipient members of the Caribbean Development
    Bank of any loans made to the Bank under the authority of that Act
    [this chapter]."

       SOVIET MILITARY PERSONNEL AND ACTIVITIES IN CUBA; REPORTS TO
                                 CONGRESS
      Section 714 of Pub. L. 96-533, required reports respecting Soviet
    military activity in Cuba, prior to repeal by Pub. L. 97-113, title
    VII, Sec. 734(a)(2), Dec. 29, 1981, 95 Stat. 1560.

                         CUBAN PRESENCE IN AFRICA                     
      Pub. L. 95-426, title VI, Sec. 613, Oct. 7, 1978, 92 Stat. 990,
    as amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(1), Aug.
    24, 1982, 96 Stat. 299, provided that: "The Congress finds that - 
        "(1) the President authorized the exchange of notes of May 30,
      1977, between the Governments of the United States and Cuba which
      established an Interests Section for the United States in the
      Embassy of Switzerland in Havana and an Interests Section for
      Cuba in the Embassy of Czechoslovakia in Washington;
        "(2) the President has the authority under the Export
      Administration Act of 1969 [section 2401 et seq. of the Appendix
      to Title 50, War and National Defense] to limit trade with Cuba
      being conducted by subsidiaries of American firms operating in
      third countries;
        "(3) the President has the power to sever all diplomatic and
      economic relations with Cuba; and
        "(4) there has been a sharp increase in the number of Cuban
      military personnel serving in Africa in the past year."

      RESUMPTION OF MILITARY ASSISTANCE TO TURKEY; DETERMINATION AND
     CERTIFICATION TO CONGRESS BY PRESIDENT OF MILITARY COOPERATION AS
                IN BEST INTERESTS OF UNITED STATES AND NATO
      Pub. L. 95-384, Sec. 13(a), Sept. 26, 1978, 92 Stat. 737,
    provided that: "Section 620(x) of the Foreign Assistance Act of
    1961 [subsec. (x) of this section] shall be of no further force and
    effect upon the President's determination and certification to the
    Congress that the resumption of full military cooperation with
    Turkey is in the national interest of the United States and in the
    interest of the North Atlantic Treaty Organization and that the
    Government of Turkey is acting in good faith to achieve a just and
    peaceful settlement of the Cyprus problem, the early peaceable
    return of refugees to their homes and properties, and continued
    removal of Turkish military troops from Cyprus in the context of a
    solution to the Cyprus problem, and the early serious resumption of
    inter-communal talks aimed at a just, negotiated settlement."

       DETERMINATION AND CERTIFICATION REGARDING RESUMPTION OF FULL
                     MILITARY COOPERATION WITH TURKEY
      Memorandum of the President of the United States, dated Sept. 26,
    1978, provided:
      Pursuant to the authority vested in me by Section 13(a) of the
    International Security Assistance Act of 1978, I hereby determine
    and certify:
      (1) that the resumption of full military cooperation with Turkey
    is in the national interest of the United States and in the
    interest of the North Atlantic Treaty Organization; and
      (2) that the Government of Turkey is acting in good faith to
    achieve a just and peaceful settlement of the Cyprus problem, the
    early peaceable return of refugees to their homes and properties,
    and continued removal of Turkish military troops from Cyprus in the
    context of a solution to the Cyprus problem, and the early serious
    resumption of inter-communal talks aimed at a just, negotiated
    settlement.
      You are requested on my behalf to report this determination and
    certification to the Congress.
      This determination and certification shall be published in the
    Federal Register.
                                                           Jimmy Carter.

       RESTRICTIONS ON ASSISTANCE DURING FISCAL YEAR 1978 INVOLVING
               MILITARY OR PARAMILITARY OPERATIONS IN ZAIRE
      Section 25 of Pub. L. 95-92 required a Presidential determination
    that furnishing aid to Zaire during fiscal year 1978 was in the
    national interest and submission to the Congress of a Presidential
    certification for such aid, prior to repeal by Pub. L. 97-113,
    title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.

                    RESTRICTIONS ON ASSISTANCE TO INDIA                
      Section 27 of Pub. L. 93-559 provided that the total amount of
    assistance provided under this chapter and of credit sales made or
    guaranteed under the Foreign Military Sales Act, section 2751 et
    seq. of this title, for India was not to exceed $50,000,000 in
    fiscal year 1975, prior to repeal by Pub. L. 97-113, title VII,
    Sec. 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.

    RESTRICTIONS ON MILITARY ASSISTANCE AND EXCESS DEFENSE ARTICLES TO
                                   KOREA
      Section 26 of Pub. L. 93-559 provided that the aggregated amount
    of funds obligated or reserved for military assistance, including
    supply operations, under part II of subchapter II of this chapter,
    the acquisition cost of excess defense articles, if any, ordered
    under subchapter II of this chapter and not charged against
    appropriations for military assistance, credits including
    participations in credits, extended pursuant to section 2763 of
    this title, and the principal amount of loans guaranteed pursuant
    to section 2764(a) of this title, with respect to South Korea was
    not to exceed $145,000,000 for fiscal year 1975 until the President
    submitted a report to the Congress after Dec. 30, 1974, stating
    that the government of South Korea was making substantial progress
    in the observance of internationally recognized standards of human
    rights, after which the aggregate amount described above, with
    respect to South Korea, was not to exceed $165,000,000 for fiscal
    year 1975, with provisions of sections 2318 and 2364 of this title,
    or of any other law, not to be used to exceed these limitations,
    prior to repeal by Pub. L. 97-113, title VII, Sec. 734(a)(8), Dec.
    29, 1981, 95 Stat. 1560.

                       REPAYMENT OF LOANS IN DEFAULT                   
      Section 56 of Pub. L. 93-559 provided that: "It is the sense of
    the Congress that any country receiving assistance under the
    Foreign Assistance Act of 1961 [this chapter] which is in default,
    at least 90 days prior to the date of enactment of this Act [Dec.
    30, 1974], of any payment of principal or interest due on any loan
    or credit received from the United States shall promptly pay all
    such principal and interest. It is further the sense of the
    Congress that the President shall promptly enter into negotiations
    with each such country to help effectuate the payment of such
    principal and interest, or to effectuate the transfer by such
    country to the United States of goods, services, concessions, or
    actions beneficial to the United States, in lieu of the payment of
    such principal and interest."

      RESTRICTIONS ON ASSISTANCE TO NATIONS WHOSE GOVERNMENT IS BASED
                              UPON COMMUNISM
      Pub. L. 91-194, title I, Sec. 109, Feb. 9, 1970, 84 Stat. 8,
    provided that:
      "(a) No assistance shall be furnished to any nation, whose
    government is based upon that theory of government known as
    communism under the Foreign Assistance Act of 1961, as amended
    [this chapter], for any arms, ammunition, implements of war, atomic
    energy materials, or any articles, materials, or supplies, such as
    petroleum, transportation materials of strategic value, and items
    of primary strategic significance used in the production of arms,
    ammunition, and implements of war, contained on the list maintained
    by the Administrator pursuant to title I of the Mutual Defense
    Assistance Control Act of 1951, as amended [section 1611 et seq. of
    this title].
      "(b) No economic assistance shall be furnished to any nation
    whose government is based upon that theory of government known as
    communism under the Foreign Assistance Act of 1961, as amended
    [this chapter] except section 214(b) [section 2174(b) of this
    title], unless the President determines that the withholding of
    such assistance would be contrary to the national interest and
    reports such determination to the House of Representatives and the
    Senate. Reports made pursuant to this subsection shall be published
    in the Federal Register within seven days of submission to the
    committees and shall contain a statement by the President of the
    reasons for such determination."
      Similar provisions were contained in the following prior acts:
      Pub. L. 90-581, title I, Sec. 109, Oct. 17, 1968, 82 Stat. 1140.
      Pub. L. 90-249, title I, Sec. 109, Jan. 2, 1968, 81 Stat. 939.
      Pub. L. 89-691, title I, Sec. 109, Oct. 15, 1966, 80 Stat. 1020.
      Pub. L. 89-273, title I, Sec. 109, Oct. 20, 1965, 79 Stat. 1004.
      Pub. L. 88-634, title I, Sec. 109, Oct. 7, 1964, 78 Stat. 1018.
      Pub. L. 88-272, title I, Sec. 109, Jan. 6, 1964, 77 Stat. 859.
      Pub. L. 87-872, title I, Sec. 109, Oct. 23, 1962, 76 Stat. 1165.

      RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING, OR
    PERMITTING SHIPS TO CARRY CERTAIN ITEMS TO CUBA OR TO NORTH VIETNAM
      Pub. L. 91-194, title I, Sec. 107, Feb. 9, 1970, 84 Stat. 8,
    provided that:
      "(a) No assistance shall be furnished under the Foreign
    Assistance Act of 1961, as amended [this chapter], to any country
    which sells, furnishes, or permits any ships under its registry to
    carry to Cuba, so long as it is governed by the Castro regime, in
    addition to those items contained on the list maintained by the
    Administrator pursuant to title I of the Mutual Defense Assistance
    Control Act of 1951, as amended [section 1611 et seq. of this
    title], any arms, ammunition, implements of war, atomic energy
    materials, or any other articles, materials, or supplies of primary
    strategic significance used in the production of arms, ammunition,
    and implements of war or of strategic significance to the conduct
    of war, including petroleum products.
      "(b) No economic assistance shall be furnished under the Foreign
    Assistance Act of 1961, as amended [this chapter], to any country
    which sells, furnishes, or permits any ships under its registry to
    carry items of economic assistance to Cuba, so long as it is
    governed by the Castro regime, or to North Vietnam."
      Similar provisions were contained in the following prior acts:
      Pub. L. 90-581, title I, Sec. 107, Oct. 17, 1968, 82 Stat. 1139.
      Pub. L. 90-249, title I, Sec. 107, Jan. 2, 1968, 81 Stat. 938.
      Pub. L. 89-691, title I, Sec. 107, Oct. 15, 1966, 80 Stat. 1020.
      Pub. L. 89-273, title I, Sec. 107, Oct. 20, 1965, 79 Stat. 1004.
      Pub. L. 88-634, title I, Sec. 107, Oct. 7, 1964, 78 Stat. 1018.
      Pub. L. 88-258, title I, Sec. 107, Jan. 6, 1964, 77 Stat. 859.
      Pub. L. 87-872, title I, Sec. 107, Oct. 23, 1962, 76 Stat. 1165.

      RESTRICTIONS ON ASSISTANCE TO COUNTRIES SELLING, FURNISHING OR
         PERMITTING SHIPS TO CARRY CERTAIN ITEMS TO NORTH VIETNAM
      Pub. L. 91-194, title I, Sec. 116, Feb. 9, 1970, 84 Stat. 10,
    forbid assistance under the Foreign Assistance Act of 1961, as
    amended, to any country that sold, furnished or permitted any ships
    under its registry to carry to North Vietnam certain enumerated
    items unless the President determined that the withholding of such
    assistance was contrary to the national interest of the United
    States and reported such determination to Congress.
      Similar provisions were contained in the following prior acts:
      Pub. L. 90-581, title I, Sec. 116, Oct. 17, 1968, 82 Stat. 1141.
      Pub. L. 90-249, title I, Sec. 116, Jan. 2, 1968, 81 Stat. 940.
      Pub. L. 89-691, title I, Sec. 116, Oct. 15, 1966, 80 Stat. 1022.
      Pub. L. 89-273, title I, Sec. 116, Oct. 20, 1965, 79 Stat. 1005.

         INTERDICTION OF THE DELIVERY OF OFFENSIVE WEAPONS TO CUBA     
      For Presidential proclamation prohibiting the delivery of
    offensive weapons to Cuba, see Proc. No. 3504, Oct. 23, 1962, 27
    F.R. 10401, set out as a note preceding section 1 of the Appendix
    to Title 50, War and National Defense.


-EXEC-
                PROC. NO. 3447. EMBARGO ON TRADE WITH CUBA            
      Proc. No. 3447, Feb. 3, 1962, 27 F.R. 1085, provided:
      WHEREAS the Eighth Meeting of Consultation of Ministers of
    Foreign Affairs, Serving as Organ of Consultation in Application of
    the Inter-American Treaty of Reciprocal Assistance, in its Final
    Act resolved that the present Government of Cuba is incompatible
    with the principles and objectives of the Inter-American system;
    and, in light of the subversive offensive of Sino-Soviet Communism
    with which the Government of Cuba is publicly aligned, urged the
    member states to take those steps that they may consider
    appropriate for their individual and collective self-defense;
      WHEREAS the Congress of the United States, in section 620(a) of
    the Foreign Assistance Act of 1961 (75 Stat. 445), as amended
    [subsection (a) of this section], has authorized the President to
    establish and maintain an embargo upon all trade between the United
    States and Cuba; and
      WHEREAS the United States, in accordance with its international
    obligations, is prepared to take all necessary actions to promote
    national and hemispheric security by isolating the present
    Government of Cuba and thereby reducing the threat posed by its
    alignment with the communist powers:
      NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United
    States of America, acting under the authority of section 620(a) of
    the Foreign Assistance Act of 1961 (75 Stat. 445), as amended
    [subsection (a) of this section], do
      1. Hereby proclaim an embargo upon trade between the United
    States and Cuba in accordance with paragraphs 2 and 3 of this
    proclamation.
      2. Hereby prohibit, effective 12:01 A.M., Eastern Standard Time,
    February 7, 1962, the importation into the United States of all
    goods of Cuban origin and all goods imported from or through Cuba;
    and I hereby authorize and direct the Secretary of the Treasury to
    carry out such prohibition, to make such exceptions thereto, by
    license or otherwise, as he determines to be consistent with the
    effective operation of the embargo hereby proclaimed, and to
    promulgate such rules and regulations as may be necessary to
    perform such functions.
      3. AND FURTHER, I do hereby direct the Secretary of Commerce,
    under the provisions of the Export Control Act of 1949, as amended
    (50 U.S.C. App. 2021-2032), to continue to carry out the
    prohibition of all exports from the United States to Cuba, and I
    hereby authorize him, under that Act, to continue, make, modify or
    revoke exceptions from such prohibition.
      IN WITNESS WHEREOF, I have hereunto set my hand and caused the
    seal of the United States of America to be affixed.
    DONE at the City of Washington this third day of February, in the
          year of our Lord nineteen hundred and sixty-two, and of the
          Independence of the United States of America the one hundred
          and eighty-sixth.
    [SEAL]
                                                        John F. Kennedy.

-FOOTNOTE-               

    (!1) So in original. The comma probably should be a period.


-End-



-CITE-
    22 USC Sec. 2370a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2370a. Expropriation of United States property

-STATUTE-
    (a) Prohibition
      None of the funds made available to carry out this Act, the
    Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], or the
    Arms Export Control Act [22 U.S.C. 2751 et seq.] may be provided to
    a government or any agency or instrumentality thereof, if the
    government of such country (other than a country described if (!1)
    subsection (d) of this section) - 

        (1) has on or after January 1, 1956 - 
          (A) nationalized or expropriated the property of any United
        States person,
          (B) repudiated or nullified any contract with any United
        States person, or
          (C) taken any other action (such as the imposition of
        discriminatory taxes or other exactions) which has the effect
        of seizing ownership or control of the property of any United
        States person, and

        (2) has not, within the period specified in subsection (c) of
      this section, either - 
          (A) returned the property,
          (B) provided adequate and effective compensation for such
        property in convertible foreign exchange or other mutually
        acceptable compensation equivalent to the full value thereof,
        as required by international law,
          (C) offered a domestic procedure providing prompt, adequate
        and effective compensation in accordance with international
        law, or
          (D) submitted the dispute to arbitration under the rules of
        the Convention for the Settlement of Investment Disputes or
        other mutually agreeable binding international arbitration
        procedure.
    (b) Other actions
      The President shall instruct the United States Executive
    Directors of each multilateral development bank and international
    financial institution to vote against any loan or other utilization
    of the funds of such bank or institution for the benefit of any
    country to which assistance is prohibited under subsection (a) of
    this section, unless such assistance is directed specifically to
    programs which serve the basic human needs of the citizens of that
    country.
    (c) Period for settlement of claims
      The period of time described in subsection (a)(2) of this section
    is the latest of the following - 
        (1) 3 years after the date on which a claim was filed,
        (2) in the case of a country that has a totalitarian or
      authoritarian government at the time of the action described in
      subsection (a)(1) of this section, 3 years after the date of
      installation of a democratically elected government, or
        (3) 90 days after April 30, 1994.
    (d) Excepted countries and territories
      This section shall not apply to any country established by
    international mandate through the United Nations or to any
    territory recognized by the United States Government to be in
    dispute.
    (e) Resumption of assistance
      A prohibition or termination of assistance under subsection (a)
    of this section and an instruction to vote against loans under
    subsection (b) of this section shall cease to be effective when the
    President certifies in writing to the Speaker of the House of
    Representatives and to the Committee on Foreign Relations of the
    Senate that such government has taken one of the steps described in
    subsection (a)(2) of this section.
    (f) Reporting requirement
      Not later than 90 days after April 30, 1994, and at the beginning
    of each fiscal year thereafter, the Secretary of State shall
    transmit to the Speaker of the House of Representatives and the
    Committee on Foreign Relations of the Senate, a report containing
    the following:
        (1) A list of every country in which the United States
      Government is aware that a United States person has an
      outstanding expropriation claim.
        (2) The total number of such outstanding expropriation claims
      made by United States persons against each such country.
        (3) The period of time in which each such claim has been
      outstanding.
        (4) The status of each case and efforts made by the United
      States Government and the government of the country in which such
      claim has been made, to take one or more of the steps described
      in subsection (a)(2) of this section.
        (5) Each project a United States Executive Director voted
      against as a result of the action described in subsection (b) of
      this section.
    (g) Waiver
      The President may waive the prohibitions in subsections (a) and
    (b) of this section for a country, on an annual basis, if the
    President determines and so notifies Congress that it is in the
    national interest to do so.
    (h) "United States person" defined
      For the purpose of this section, the term "United States person"
    means a United States citizen or corporation, partnership, or
    association at least 50 percent beneficially owned by United States
    citizens.
    (i) Certain claims for expropriation by the Government of Nicaragua
      (1) Any action of the types set forth in subparagraphs (A), (B),
    and (C) of subsection (a)(1) of this section that was taken by the
    Government of Nicaragua during the period beginning on January 1,
    1956, and ending on January 9, 2002, shall not be considered in
    implementing the prohibition under subsection (a) of this section
    unless the action has been presented in accordance with the
    procedure set forth in paragraph (2).
      (2) An action shall be deemed presented for purposes of paragraph
    (1) if it is - 
        (A) in writing; and
        (B) received by the United States Department of State on or
      before 120 days after the date specified in paragraph (3) at - 
          (i) the headquarters of the United States Department of State
        in Washington, D.C.; or
          (ii) the Embassy of the United States of America to
        Nicaragua.

      (3) The date to which paragraph (2) refers is a date after
    December 8, 2004, that is specified by the Secretary of State, in
    the Secretary's discretion, in a notice published in the Federal
    Register.

-SOURCE-
    (Pub. L. 103-236, title V, Sec. 527, Apr. 30, 1994, 108 Stat. 475;
    Pub. L. 108-447, div. D, title V, Sec. 584(c), Dec. 8, 2004, 118
    Stat. 3032.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 103-236, Apr.
    30, 1994, 108 Stat. 382, known as the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995. For complete
    classification of this Act to the Code, see Short Title of 1994
    Amendment note set out under section 2651 of this title and Tables.
      The Foreign Assistance Act of 1961, as amended, referred to in
    subsec. (a), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, which is classified principally to this chapter (Sec. 2151
    et seq.). For complete classification of this Act to the Code, see
    Short Title note set out under section 2151 of this title and
    Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995, and not as part of
    the Foreign Assistance Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (i). Pub. L. 108-447 added subsec. (i).


-EXEC-
          DELEGATION OF RESPONSIBILITIES UNDER FOREIGN RELATIONS
               AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995
      Memorandum of President of the United States, July 26, 1994, 59
    F.R. 40205, provided:
      Memorandum for the Secretary of State
      By the authority vested in me by the Constitution and laws of the
    United States of America, including section 301 of title 3 of the
    United States Code, I hereby delegate to the Secretary of State the
    functions vested in the President by the following provisions of
    the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
    (Public Law 103-236) (the "Act"): sections 102(g) [22 U.S.C. 287e
    note], 161(c) [22 U.S.C. 2651a note], 401(b) [108 Stat. 446],
    407(a) [22 U.S.C. 287b note], 409 [22 U.S.C. 287e note], 431(b)
    [108 Stat. 459], 514(b) [22 U.S.C. 1928 note], 523 [108 Stat. 473],
    527(e) and (g) [22 U.S.C. 2370a(e), (g)], 528 [108 Stat. 477],
    532(a) [108 Stat. 480], 574 [22 U.S.C. 2656 note], 583(b)(1) and
    (b)(6) [108 Stat. 489, 490], 733 [22 U.S.C. 2779a] and 735(d) [22
    U.S.C. 2797b-1].
      The functions under section 407(a) of the Act [22 U.S.C. 287b
    note] shall be exercised in coordination with the Secretary of
    Defense.
      The functions under section 527(e) and (g) of the Act [22 U.S.C.
    2370a(e), (g)] shall be exercised in consultation with the
    Secretary of the Treasury and the heads of other departments and
    agencies, as appropriate.
      Any reference in this memorandum to any act, order,
    determination, or delegation of authority shall be deemed to be a
    reference to such act, order, determination, or delegation of
    authority as amended from time to time.
      The functions delegated by this memorandum may be redelegated
    within the Department of State.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                     William J. Clinton.

      Memorandum of President of the United States, Jan. 4, 1995, 60
    F.R. 3335, provided:
      Memorandum for the Secretary of the Treasury
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 301
    of title 3, United States Code, I hereby delegate to the Secretary
    of the Treasury the functions under section 527(b) of the Foreign
    Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
    103-236) [22 U.S.C. 2370a(b)].
      Any reference in this memorandum to any Act, order,
    determination, or delegation of authority shall be deemed to be a
    reference to such Act, order, determination, or delegation of
    authority as amended.
      The functions delegated by this memorandum may be redelegated
    within the Department of the Treasury.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                     William J. Clinton.

-FOOTNOTE-
    (!1) So in original. Probably should be "in".


-End-



-CITE-
    22 USC Sec. 2370b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2370b. Humanitarian assistance code of conduct

-STATUTE-
    (a) In general
      None of the funds made available for foreign operations, export
    financing, and related programs under the headings "Migration and
    Refugee Assistance", "United States Emergency Refugee and Migration
    Assistance Fund", "International Disaster and Famine Assistance",
    or "Transition Initiatives" may be obligated to an organization
    that fails to adopt a code of conduct that provides for the
    protection of beneficiaries of assistance under any such heading
    from sexual exploitation and abuse in humanitarian relief
    operations.
    (b) Consistency with United Nations principles
      The code of conduct referred to in subsection (a) of this section
    shall, to the maximum extent practicable, be consistent with the
    six core principles of the United Nations Inter-Agency Standing
    Committee Task Force on Protection From Sexual Exploitation and
    Abuse in Humanitarian Crises.
    (c) Reports
      Not later than 180 days after May 11, 2005, and not later than
    one year after May 11, 2005, the President shall transmit to the
    appropriate congressional committees a report on the implementation
    of this section.
    (d) Effective Date
      This section shall take effect 60 days after May 11, 2005, and
    shall apply to funds obligated after such date for fiscal year 2005
    and any subsequent fiscal year.

-SOURCE-
    (Pub. L. 109-13, div. A, title II, Sec. 2110, May 11, 2005, 119
    Stat. 268.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Emergency Supplemental
    Appropriations Act for Defense, the Global War on Terror, and
    Tsunami Relief, 2005, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.


-EXEC-
     ASSIGNMENT OF FUNCTIONS RELATING TO THE REPORT TO THE CONGRESS ON
         IMPLEMENTATION OF HUMANITARIAN ASSISTANCE CODE OF CONDUCT
      Memorandum of President of the United States, May 12, 2006, 71
    F.R. 30549, provided:
      Memorandum for the Secretary of State
      Pursuant to the authority vested in me by the Constitution and
    laws of the United States, including section 301 of title 3, United
    States Code, the functions of the President under section 2110(c)
    of the Emergency Supplemental Appropriations Act for Defense, the
    Global War on Terror, and Tsunami Relief, 2005 (title II of Public
    Law 109-13) (22 U.S.C. 2370b), are assigned to the Secretary of
    State.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.

-End-



-CITE-
    22 USC Sec. 2371                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2371. Prohibition on assistance to governments supporting
      international terrorism

-STATUTE-
    (a) Prohibition
      The United States shall not provide any assistance under this
    chapter, the Agricultural Trade Development and Assistance Act of
    1954 [7 U.S.C. 1691 et seq.], the Peace Corps Act [22 U.S.C. 2501
    et seq.], or the Export-Import Bank Act of 1945 [12 U.S.C. 635 et
    seq.] to any country if the Secretary of State determines that the
    government of that country has repeatedly provided support for acts
    of international terrorism.
    (b) Publication of determinations
      Each determination of the Secretary of State under subsection (a)
    of this section, including each determination in effect on December
    12, 1989, shall be published in the Federal Register.
    (c) Rescission
      A determination made by the Secretary of State under subsection
    (a) of this section may not be rescinded unless the President
    submits to the Speaker of the House of Representatives and the
    chairman of the Committee on Foreign Relations of the Senate - 
        (1) before the proposed rescission would take effect, a report
      certifying that - 
          (A) there has been a fundamental change in the leadership and
        policies of the government of the country concerned;
          (B) that government is not supporting acts of international
        terrorism; and
          (C) that government has provided assurances that it will not
        support acts of international terrorism in the future; or

        (2) at least 45 days before the proposed rescission would take
      effect, a report justifying the rescission and certifying that - 
          (A) the government concerned has not provided any support for
        international terrorism during the preceding 6-month period;
        and
          (B) the government concerned has provided assurances that it
        will not support acts of international terrorism in the future.
    (d) Waiver
      Assistance prohibited by subsection (a) of this section may be
    provided to a country described in that subsection if - 
        (1) the President determines that national security interests
      or humanitarian reasons justify a waiver of subsection (a) of
      this section, except that humanitarian reasons may not be used to
      justify assistance under subchapter II of this chapter (including
      part IV, part VI, and part VIII), or the Export-Import Bank Act
      of 1945 [12 U.S.C. 635 et seq.]; and
        (2) at least 15 days before the waiver takes effect, the
      President consults with the Committee on Foreign Affairs of the
      House of Representatives and the Committee on Foreign Relations
      of the Senate regarding the proposed waiver and submits a report
      to the Speaker of the House of Representatives and the chairman
      of the Committee on Foreign Relations of the Senate containing - 
          (A) the name of the recipient country;
          (B) a description of the national security interests or
        humanitarian reasons which require the waiver;
          (C) the type and amount of and the justification for the
        assistance to be provided pursuant to the waiver; and
          (D) the period of time during which such waiver will be
        effective.

    The waiver authority granted in this subsection may not be used to
    provide any assistance under this chapter which is also prohibited
    by section 2780 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620A, as added Pub. L. 94-329, title
    III, Sec. 303, June 30, 1976, 90 Stat. 753; amended Pub. L. 99-83,
    title V, Sec. 503(a), Aug. 8, 1985, 99 Stat. 220; Pub. L. 99-190,
    Sec. 101(i) [title V, Sec. 521], Dec. 19, 1985, 99 Stat. 1291,
    1305; Pub. L. 101-222, Sec. 5, Dec. 12, 1989, 103 Stat. 1897.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (d), was in the
    original "this Act" and "the Foreign Assistance Act of 1961",
    respectively, meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424,
    as amended. For complete classification of this Act to the Code,
    see Short Title note set out under section 2151 of this title and
    Tables.
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (a), is act July 10, 1954, ch. 469, 68 Stat.
    454, as amended, which is classified principally to chapter 41
    (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1691 of Title 7 and Tables.
      The Peace Corps Act, referred to in subsec. (a), is Pub. L. 87-
    293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified
    principally to chapter 34 (Sec. 2501 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2501 of this title and Tables.
      The Export-Import Bank Act of 1945, referred to in subsecs. (a)
    and (d)(1), is act July 31, 1945, ch. 341, 59 Stat. 526, as
    amended, which is classified generally to chapter 6A (Sec. 635 et
    seq.) of Title 12, Banks and Banking. For complete classification
    of this Act to the Code, see Short Title note set out under section
    635 of Title 12 and Tables.


-MISC1-
                                AMENDMENTS                            
      1989 - Pub. L. 101-222 amended section generally, in subsec. (a)
    substituting provisions prohibiting assistance if Secretary of
    State determines country has repeatedly supported terrorism, for
    provisions prohibiting assistance if President determines country
    grants sanctuary to terrorists or otherwise supports terrorism;
    redesignating subsec. (b) as (d) and inserting provisions
    prohibiting justification of waiver of assistance under specified
    Acts and provisions describing contents of report on proposed
    waiver; adding subsecs. (b) and (c); and striking out subsec. (c)
    which related to imposition of sanction by other countries.
      1985 - Subsec. (a). Pub. L. 99-190 inserted reference to the
    Export-Import Bank Act of 1945.
      Pub. L. 99-83 amended subsec. (a) generally, substituting
    provisions relating to covered programs and Presidential
    determinations respecting termination of assistance, for provisions
    relating to termination of assistance to countries granting
    sanctuary to international terrorists and period of ineligibility.
      Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
    substituting provisions relating to waiver of application of
    subsec. (a), for provisions relating to reports respecting
    continuation of assistance to any country falling within provisions
    of former subsec. (a) of this section.
      Subsec. (c). Pub. L. 99-83, in amending section generally, added
    subsec. (c).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
             SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW         
      Section 10 of Pub. L. 101-222 provided that: "The use by any
    government of armed force in the exercise of individual or
    collective self-defense in accordance with applicable international
    agreements and customary international law shall not be considered
    an act of international terrorism for purposes of the amendments
    made by this Act [see Short Title of 1989 Amendment note, set out
    under section 2151 of this title]."

-End-



-CITE-
    22 USC Sec. 2372                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2372. Repealed.

-MISC1-
    Sec. 2372. Repealed. Pub. L. 97-113, title VII, Sec. 725(a), Dec.
      29, 1981, 95 Stat. 1553.
      Section, Pub. L. 87-195, pt. III, Sec. 620B, as added Pub. L. 95-
    92, Sec. 11, Aug. 4, 1977, 91 Stat. 619; amended Pub. L. 95-384,
    Sec. 12(c)(1), Sept. 26, 1978, 92 Stat. 737, prohibited assistance
    and sales to Argentina.

-End-



-CITE-
    22 USC Sec. 2372a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2372a. Renewal, reissuance, etc., of export licenses to or for
      Argentina

-STATUTE-
      Any export license referred to in section 2372 (!1) of this title
    which is issued initially on or before September 30, 1978 may from
    time to time thereafter be renewed, reissued or modified (or in the
    event of lapse of such license, replacement licenses may be
    issued), provided that any such renewal, reissuance or modification
    (or any such replacement license) does not change significantly any
    such license as initially issued.


-SOURCE-
    (Pub. L. 95-240, title II, Sec. 210, Mar. 7, 1978, 92 Stat. 118.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2372 of this title, referred to in text, was in the
    original "Section 11 of Public Law 95-92", meaning section 11 of
    Pub. L. 95-92, Aug. 4, 1977, 91 Stat. 619, which added section 620B
    of Pub. L. 87-195. Section 620B of Pub. L. 87-195 was classified to
    section 2372 of this title and was repealed by Pub. L. 97-113,
    title VII, Sec. 725(a), Dec. 29, 1981, 95 Stat. 1553.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Supplemental Appropriations
    Act, 1978, and not as part of the Foreign Assistance Act of 1961
    which comprises this chapter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2373                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2373. Eastern Mediterranean policy requirements

-STATUTE-
    (a) Congressional declaration and statement of findings
      The Congress declares that the achievement of a just and lasting
    Cyprus settlement is and will remain a central objective of United
    States foreign policy. The Congress further declares that any
    action of the United States with respect to section 2370(x) (!1) of
    this title shall not signify a lessening of the United States
    commitment to a just solution to the conflict on Cyprus but is
    authorized in the expectation that this action will be conducive to
    achievement of a Cyprus solution and a general improvement in
    relations among Greece, Turkey, and Cyprus and between those
    countries and the United States. The Congress finds that - 

        (1) a just settlement on Cyprus must involve the establishment
      of a free and independent government on Cyprus and must guarantee
      that the human rights of all of the people of Cyprus are fully
      protected;
        (2) a just settlement on Cyprus must include the withdrawal of
      Turkish military forces from Cyprus;
        (3) the guidelines for inter-communal talks agreed to in
      Nicosia in February 1977 and the United Nations resolutions
      regarding Cyprus provide a sound basis for negotiation of a just
      settlement on Cyprus;
        (4) serious negotiations, under United Nations auspices, will
      be necessary to achieve agreement on, and implementation of,
      constitutional and territorial terms within such guidelines; and
        (5) the recent proposals by both Cypriot communities regarding
      the return of the refugees to the city of New Famagusta (Varosha)
      constitute a positive step and the United States should actively
      support the efforts of the Secretary General of the United
      Nations with respect to this issue.
    (b) Governing principles
      United States policy regarding Cyprus, Greece, and Turkey shall
    be directed toward the restoration of a stable and peaceful
    atmosphere in the Eastern Mediterranean region and shall therefore
    be governed by the following principles:
        (1) The United States shall actively support the resolution of
      differences through negotiations and internationally established
      peaceful procedures, shall encourage all parties to avoid
      provocative actions, and shall strongly oppose any attempt to
      resolve disputes through force or threat of force.
        (2) The United States will accord full support and high
      priority to efforts, particularly those of the United Nations, to
      bring about a prompt, peaceful settlement on Cyprus.
        (3) All defense articles furnished by the United States to
      countries in the Eastern Mediterranean region will be used only
      in accordance with the requirements of this chapter, the Arms
      Export Control Act [22 U.S.C. 2751 et seq.], and the agreements
      under which those defense articles were furnished.
        (4) The United States will furnish security assistance for
      Greece and Turkey only when furnishing that assistance is
      intended solely for defensive purposes, including when necessary
      to enable the recipient country to fulfill its responsibilities
      as a member of the North Atlantic Treaty Organization, and shall
      be designed to ensure that the present balance of military
      strength among countries of the region, including between Greece
      and Turkey, is preserved. Nothing in this paragraph shall be
      construed to prohibit the transfer of defense articles to Greece
      or Turkey for legitimate self defense or to enable Greece or
      Turkey to fulfill their North Atlantic Treaty Organization
      obligations.
        (5) The United States shall use its influence to ensure the
      continuation of the ceasefire on Cyprus until an equitable
      negotiated settlement is reached.
        (6) The United States shall use its influence to achieve the
      withdrawal of Turkish military forces from Cyprus in the context
      of a solution to the Cyprus problem.
    (c) Review of policy; report to Congress
      Because progress toward a Cyprus settlement is a high priority of
    United States policy in the Eastern Mediterranean, the President
    and the Congress shall continually review that progress and shall
    determine United States policy in the region accordingly. To
    facilitate such a review the President shall, within 60 days after
    the date of enactment of this section and at the end of each
    succeeding 60-day period, transmit to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign
    Relations of the Senate a report on progress made toward the
    conclusion of a negotiated solution of the Cyprus problem. Such
    transmissions shall include any relevant reports prepared by the
    Secretary General of the United Nations for the Security Council.
    (d) Certification by President to Congress of assistance to Greece
      and Turkey
      In order to ensure that United States assistance is furnished
    consistent with the policies established in this section, the
    President shall, whenever requesting any funds for security
    assistance under this chapter or the Arms Export Control Act [22
    U.S.C. 2751 et seq.] for Greece and Turkey, transmit to the Speaker
    of the House of Representatives and the chairman of the Committee
    on Foreign Relations of the Senate his certification, with a full
    explanation thereof, that the furnishing of such assistance will be
    consistent with the principles set forth in subsection (b). The
    President shall also submit such a certification with any
    notification to the Congress, pursuant to section 36(b) of the Arms
    Export Control Act [22 U.S.C. 2776(b)], of a proposed sale of
    defense articles or services to Greece or Turkey.
    (e) Arms sales agreements to prohibit transfer to Cyprus
      (1) Any agreement for the sale or provision of any article on the
    United States Munitions List (established pursuant to section 38 of
    the Arms Export Control Act [22 U.S.C. 2778]) entered into by the
    United States after December 22, 1987, shall expressly state that
    the article is being provided by the United States only with the
    understanding that it will not be transferred to Cyprus or
    otherwise used to further the severance or division of Cyprus.
      (2) The President shall report to Congress any substantial
    evidence that equipment provided under any such agreement has been
    used in a manner inconsistent with the purposes of this subsection.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620C, as added Pub. L. 95-384, Sec.
    13(b), Sept. 26, 1978, 92 Stat. 737; amended Pub. L. 100-202, Sec.
    101(e) [title V, Sec. 562], Dec. 22, 1987, 101 Stat. 1329-131, 1329-
    171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2370(x) of this title, referred to in subsec. (a), was
    omitted. See Codification note set out under section 2370 of this
    title.
      This chapter, referred to in subsecs. (b)(3) and (d), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsecs. (b)(3) and
    (d), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended,
    which is classified principally to chapter 39 (Sec. 2751 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in subsec. (e) of this section were
    contained in the following appropriation acts:
      Pub. L. 102-391, title V, Sec. 557, Oct. 6, 1992, 106 Stat. 1676.
      Pub. L. 101-513, title V, Sec. 560, Nov. 5, 1990, 104 Stat. 2026.
      Pub. L. 101-167, title V, Sec. 570, Nov. 21, 1989, 103 Stat.
    1245.
      Pub. L. 100-461, title V, Sec. 579, Oct. 1, 1988, 102 Stat. 2268-
    48.

                                AMENDMENTS                            
      1987 - Subsec. (e). Pub. L. 100-202 added subsec. (e).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of congressional reporting functions of President
    under subsec. (c) of this section, see section 1 of Ex. Ord. No.
    13313, July 31, 2003, 68 F.R. 46073, set out as a note under
    section 301 of Title 3, The President.


-MISC2-
        SPECIAL AMBASSADORIAL COMMISSION FOR CYPRUS AND THE AEGEAN    
      Section 101(e) [title V, Sec. 586] of Pub. L. 100-202 provided
    that:
      "(a) Findings. - The Congress finds that - 
        "(1) the inability to achieve a just and lasting Cyprus
      settlement will continue to affect relations among the United
      States and its close NATO allies, Greece and Turkey, to the
      detriment of larger, mutually shared, security interests in the
      Eastern Mediterranean region;
        "(2) it is of paramount importance that Cyprus, Greece, and
      Turkey resolve their differences through negotiations and
      otherwise peaceful procedures, and that the United States should
      support the resolution of these differences through all the
      diplomatic means at its disposal;
        "(3) it is in the national interest of the United States that
      the President make a significant new diplomatic demarche towards
      bringing this dispute to a resolution; and
        "(4) it is also in the national interest of the United States
      to undertake a diplomatic initiative to promote the peaceful and
      equitable resolution of differences between Greece and Turkey in
      the Aegean by fostering a renewed and sustained bilateral
      dialogue between those countries on such issues as: the
      delineation of the continental shelf, the definition of the
      territorial seas, air traffic control over the Aegean, NATO
      command and control arrangements in the Aegean, and the status of
      Lemnos and NATO exercises in the Aegean.
      "(b) Appointment of Special Ambassador. - The President is
    authorized to appoint a special ambassadorial level envoy who shall
    be responsible for representing the United States in direct
    negotiations with the parties to the Cyprus dispute, for
    representing the United States in negotiations through
    international intermediaries and, generally, lending the good
    offices of the United States to the parties in this dispute in
    order to facilitate a peaceful settlement on Cyprus. As agreed to
    by Greece and Turkey, the special envoy shall also represent the
    United States in promoting mutual discussions between those
    countries concerning their differences on Aegean issues. The
    special ambassador appointed under this section shall have
    available the services of two deputies (one to specialize on the
    Cyprus question, the other on general Aegean issues) and such
    senior level Department of State personnel as may be required by
    the special ambassador in order to carry out his responsibilities.
      "(c) Report. - Not later than June 1, 1988, the President shall
    submit a report to the Congress describing in detail the activities
    being undertaken by the special ambassador, the progress being made
    toward achievement of a peaceful resolution of the Cyprus dispute,
    an assessment of the obstacles to achievement of such a resolution
    and of the future role of the United States in acheiving [sic] a
    settlement on Cyprus, and an assessment of the progress being made
    toward resolution of issues affecting the Aegean region.
      "(d) Funding. - Up to $500,000 of the funds appropriated under
    any heading of this Act [Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1988, as enacted by section
    101(e) of Pub. L. 101-202] which are allocated for Greece and up to
    $500,000 of the funds appropriated under any heading of this Act
    which are allocated for Turkey, may be used by the Department of
    State for any administrative costs associated with the activities
    of the special ambassador and supporting personnel, including
    transportation, salaries and per diem."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2374                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2374. Repealed.

-MISC1-
    Sec. 2374. Repealed. Pub. L. 108-458, title VII, Sec. 7104(l), Dec.
      17, 2004, 118 Stat. 3788.
      Section, Pub. L. 87-195, pt. III, Sec. 620D, as added Pub. L. 96-
    53, title V, Sec. 505, Aug. 14, 1979, 93 Stat. 378, related to
    prohibition on assistance to Afghanistan.

-End-



-CITE-
    22 USC Sec. 2375                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2375. Assistance to Pakistan

-STATUTE-
    (a) Congressional policy, findings, and goals
      The Congress recognizes that Soviet forces occupying Afghanistan
    pose a security threat to Pakistan. The Congress also recognizes
    that an independent and democratic Pakistan with continued friendly
    ties with the United States is in the interest of both nations. The
    Congress finds that United States assistance will help Pakistan
    maintain its independence. Assistance to Pakistan is intended to
    benefit the people of Pakistan by helping them meet the burdens
    imposed by the presence of Soviet forces in Afghanistan and by
    promoting economic development. In authorizing assistance to
    Pakistan, it is the intent of Congress to promote the expeditious
    restoration of full civil liberties and representative government
    in Pakistan. The Congress further recognizes that it is in the
    mutual interest of Pakistan and the United States to avoid the
    profoundly destabilizing effects of the proliferation of nuclear
    explosive devices or the capacity to manufacture or otherwise
    acquire nuclear devices.
    (b) Reaffirmation of 1959 bilateral agreement
      The United States reaffirms the commitment made in its 1959
    bilateral agreement with Pakistan relating to aggression from a
    Communist or Communist-dominated state.
    (c) Availability; defensive aspects of assistance
      Security assistance for Pakistan shall be made available in order
    to assist Pakistan in dealing with the threat to its security posed
    by the Soviet presence in Afghanistan. The United States will take
    appropriate steps to ensure that defense articles provided by the
    United States to Pakistan are used for defensive purposes.
    (d) Waiver of limitations respecting nuclear transfers
      The President may waive the prohibitions of section 2799aa of
    this title with respect to any grounds for the prohibition of
    assistance under that section arising before the effective date of
    part B of the Nuclear Proliferation Prevention Act of 1994 to
    provide assistance to Pakistan if he determines that to do so is in
    the national interest of the United States.
    (e) Nuclear non-proliferation conditions on military assistance;
      exception
      (1) No military assistance shall be furnished to Pakistan and no
    military equipment or technology shall be sold or transferred to
    Pakistan, pursuant to the authorities contained in this chapter or
    any other Act, unless the President shall have certified in writing
    to the Speaker of the House of Representatives and the chairman of
    the Committee on Foreign Relations of the Senate, during the fiscal
    year in which military assistance is to be furnished or military
    equipment or technology is to be sold or transferred, that Pakistan
    does not possess a nuclear explosive device and that the proposed
    United States military assistance program will reduce significantly
    the risk that Pakistan will possess a nuclear explosive device.
      (2) The prohibitions in this section do not apply to any
    assistance or transfer provided for the purposes of:
        (A) International narcotics control (including part VIII of
      subchapter I of this chapter) or any provision of law available
      for providing assistance for counternarcotics purposes.
        (B) Facilitating military-to-military contact, training
      (including part V of subchapter II of this chapter) and
      humanitarian and civic assistance projects.
        (C) Peacekeeping and other multilateral operations (including
      part VI of subchapter II of this chapter relating to
      peacekeeping) or any provision of law available for providing
      assistance for peacekeeping purposes, except that lethal military
      equipment provided under this subparagraph shall be provided on a
      lease or loan basis only and shall be returned upon completion of
      the operation for which it was provided.
        (D) Antiterrorism assistance (including part VIII of subchapter
      II of this chapter relating to antiterrorism assistance) or any
      provision of law available for antiterrorism assistance purposes.

      (3) The restrictions of this subsection shall continue to apply
    to contracts for the delivery of F-16 aircraft to Pakistan.
      (4) Notwithstanding the restrictions contained in this
    subsection, military equipment, technology, or defense services,
    other than F-16 aircraft, may be transferred to Pakistan pursuant
    to contracts or cases entered into before October 1, 1990.
    (f) Storage costs
      The President may release the Government of Pakistan of its
    contractual obligation to pay the United States Government for the
    storage costs of items purchased prior to October 1, 1990, but not
    delivered by the United States Government pursuant to subsection
    (e) of this section and may reimburse the Government of Pakistan
    for any such amount paid, on such terms and conditions as the
    President may prescribe: Provided, That such payments have no
    budgetary impact.
    (g) Inapplicability of restrictions to previously owned items
      Subsection (e) of this section does not apply to broken, worn or
    unupgraded items or their equivalent which Pakistan paid for and
    took possession of prior to October 1, 1990 and which the
    Government of Pakistan sent to the United States for repair or
    upgrade. Such equipment or its equivalent may be returned to the
    Government of Pakistan: Provided, That the President determines and
    so certifies to the appropriate congressional committees that such
    equipment or equivalent neither constitutes nor has received any
    significant qualitative upgrade since being transferred to the
    United States and that its total value does not exceed $25,000,000.
    (h) Ballistic missile sanctions not affected
      Nothing contained herein shall affect sanctions for transfers of
    missile equipment or technology required under section 2410b of
    title 50, Appendix, or section 2797b of this title.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620E, as added Pub. L. 97-113, title
    VII, Sec. 736, Dec. 29, 1981, 95 Stat. 1561; amended Pub. L. 99-83,
    title IX, Sec. 902, Aug. 8, 1985, 99 Stat. 267; Pub. L. 100-202,
    Sec. 101(e) [title V, Sec. 557], Dec. 22, 1987, 101 Stat. 1329-131,
    1329-170; Pub. L. 101-167, title V, Sec. 591, Nov. 21, 1989, 103
    Stat. 1253; Pub. L. 101-513, title V, Sec. 574(a), Nov. 5, 1990,
    104 Stat. 2042; Pub. L. 102-145, Sec. 118, as added Pub. L. 102-
    266, Sec. 102, Apr. 1, 1992, 106 Stat. 93; Pub. L. 102-391, title
    V, Sec. 570(a), Oct. 6, 1992, 106 Stat. 1681; Pub. L. 103-87, title
    V, Sec. 536(a), Sept. 30, 1993, 107 Stat. 955; Pub. L. 103-236,
    title VIII, Sec. 822(b)(2), Apr. 30, 1994, 108 Stat. 512; Pub. L.
    104-107, title V, Sec. 559(a), Feb. 12, 1996, 110 Stat. 743.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of part B of the Nuclear Proliferation
    Prevention Act of 1994, referred to in subsec. (d), as the date 60
    days after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set
    out as an Effective Date note under section 6301 of this title.
      This chapter, referred to in subsec. (e), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 102-145 is based on section 572(a) of H.R.
    2621, One Hundred Second Congress, 1st Session, as passed by the
    House of Representatives on June 19, 1991, which was enacted into
    law by Pub. L. 102-145, Sec. 118, as added by Pub. L. 102-266, Sec.
    102, Apr. 1, 1992, 106 Stat. 93. Section 118 of Pub. L. 102-145
    provided that the authority and conditions provided in such section
    572 shall be applicable to funds appropriated by Pub. L. 102-145
    (and are hereby enacted) in lieu of the authority and conditions
    provided in section 574 of Pub. L. 101-513. See 1990, 1991, and
    1992 Amendment notes below.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-107, Sec. 559(a)(1), designated
    existing provisions as par. (1), substituted "military assistance"
    for "assistance" wherever appearing, and added par. (2).
      Subsecs. (f) to (h). Pub. L. 104-107, Sec. 559(a)(2), added
    subsecs. (f) to (h).
      1994 - Subsec. (d). Pub. L. 103-236 amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "The
    President may waive the prohibitions of section 2429 of this title
    at any time during the period beginning on December 29, 1981, and
    ending on September 30, 1994, to provide assistance to Pakistan
    during that period if he determines that to do so is in the
    national interest of the United States."
      1993 - Subsec. (d). Pub. L. 103-87, which directed the
    substitution of "September 30, 1994" for the date specified in
    subsec. (d), was executed by substituting "September 30, 1994" for
    "September 30, 1993". See 1992 Amendment note below.
      1992 - Subsec. (d). Pub. L. 102-391, which directed the
    substitution of "September 30, 1993" for the date specified in
    subsec. (d), was executed by substituting "September 30, 1993" for
    "April 1, 1993". See 1991 Amendment note below.
      Pub. L. 102-266 added Pub. L. 102-145, Sec. 118. See 1991
    Amendment note below.
      1991 - Subsec. (d). Pub. L. 102-145, Sec. 118, as added by Pub.
    L. 102-266, which directed the amendment of subsec. (d) by
    substituting "April 1, 1993" for "April 1, 1991" in lieu of
    amendment by Pub. L. 101-513, Sec. 574(a), was executed by
    substituting "April 1, 1993" for "April 1, 1992" to reflect the
    probable intent of Congress. See Codification note above and 1990
    Amendment note below.
      1990 - Subsec. (d). Pub. L. 101-513 substituted "April 1, 1992"
    for "April 1, 1991".
      1989 - Subsec. (d). Pub. L. 101-167 substituted "April 1, 1991"
    for "April 1, 1990".
      1987 - Subsec. (d). Pub. L. 100-202 substituted "April 1, 1990"
    for "September 30, 1987".
      1985 - Subsec. (e). Pub. L. 99-83 added subsec. (e).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
    1994, see section 831 of Pub. L. 103-236, set out as an Effective
    Date note under section 6301 of this title.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-EXEC-
      NUCLEAR NON-PROLIFERATION CONDITIONS ON ASSISTANCE FOR PAKISTAN  
      Determination of the President of the United States, No. 90-15,
    Mar. 28, 1990, 55 F.R. 17417, provided:
      Memorandum for the Secretary of State
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including section 620E(d)
    of the Foreign Assistance Act of 1961, as amended ("the Act") (22
    U.S.C. 2375(d)), I hereby determine, pursuant to section 620E(d) of
    the Act, that provision of assistance to Pakistan under the Act [22
    U.S.C. 2151 et seq.] through April 1, 1991, is in the national
    interest of the United States, and therefore waive the prohibitions
    of section 669 of the Act (22 U.S.C. 2429) with respect to that
    period.
      You are authorized and directed to transmit this determination,
    together with the statement setting forth specific reasons
    therefor, to the Congress immediately.
      This determination shall be published in the Federal Register.
                                                            George Bush.

      Prior determinations and certifications were contained in the
    following:
      Determination of the President of the United States, No. 90-1,
    Oct. 5, 1989, 54 F.R. 43797.
      Determination of the President of the United States, No. 89-7,
    Nov. 18, 1988, 53 F.R. 49111.
      Determination of the President of the United States, No. 88-5,
    Jan. 15, 1988, 53 F.R. 3325.
      Determination of the President of the United States, No. 88-4,
    Dec. 17, 1987, 53 F.R. 773.
      Determination of the President of the United States, No. 87-3,
    Oct. 27, 1986, 51 F.R. 40301.
      Determination of the President of the United States, No. 86-03,
    Nov. 25, 1985, 50 F.R. 50273.


-MISC2-
                            WAIVER OF SANCTIONS                        
      Sanctions contained in subsec. (e) waived in certain regards with
    respect to India by Determination of President of the United
    States, No. 2000-18, Mar. 16, 2000, 65 F.R. 16297, set out as a
    note under section 2799aa-1 of this title.
      Sanctions contained in subsec. (e) waived in certain regards by
    Determination of President of the United States, No. 2000-4, Oct.
    27, 1999, 64 F.R. 60649, set out as a note under section 2799aa-1
    of this title.

-End-



-CITE-
    22 USC Sec. 2376                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2376. Nuclear non-proliferation policy in South Asia

-STATUTE-
    (a) Findings
      The Congress finds that - 
        (1) the proliferation of weapons of mass destruction remains
      one of the most serious threats to international peace and
      stability;
        (2) South Asia, in particular, is an area where the threat of a
      regional nuclear exchange remains high due to continued Indo-
      Pakistani tensions over issues such as Kashmir;
        (3) to date, United States efforts to halt proliferation in
      South Asia have failed;
        (4) although global disarmament is a desirable goal which
      should be vigorously pursued, both regional and sub-regional
      security arrangements can serve to decrease tensions and promote
      non-proliferation in certain areas;
        (5) thus far, there has been some success on a regional basis,
      such as the South Pacific Nuclear Weapons Free Zone and the
      Treaty of Tlatelolco in Latin America;
        (6) in particular, in Latin America, the Treaty of Tlatelolco
      has been signed by all the nuclear powers;
        (7) a critical part of this treaty is Protocol II which
      prohibits nuclear attacks by nuclear weapons states on
      signatories to the treaty;
        (8) in 1991, a proposal was made for a regional conference on
      non-proliferation in South Asia which would include Pakistan,
      India, the People's Republic of China, the Soviet Union, and the
      United States; and
        (9) thus far, Pakistan, China, Russia, and the United States
      have expressed interest in attending such a conference, whereas
      India has refused to attend.
    (b) Policy
      It is the sense of the Congress that the President should pursue
    a policy which seeks a regional negotiated solution to the issue of
    nuclear non-proliferation in South Asia at the earliest possible
    time, including a protocol to be signed by all nuclear weapons
    states, prohibiting nuclear attacks by nuclear weapons states on
    countries in the region. Such a policy should have as its ultimate
    goal concurrent accession by Pakistan and India to the Nuclear Non-
    Proliferation Treaty, and should also include as needed a phased
    approach to that goal through a series of agreements among the
    parties on nuclear issues, such as the agreement reached by
    Pakistan and India not to attack one another's nuclear facilities.
    (c) Report on progress toward regional non-proliferation
      Not later than April 1 of each year, the President shall submit a
    report to the Committees on Appropriations, the Speaker of the
    House of Representatives, and the chairman of the Committee on
    Foreign Relations of the Senate, on nuclear proliferation in South
    Asia, including efforts taken by the United States to achieve a
    regional agreement on nuclear non-proliferation, and including a
    comprehensive list of the obstacles to concluding such a regional
    agreement.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620F, as added Pub. L. 102-391,
    title V, Sec. 585(a), Oct. 6, 1992, 106 Stat. 1688; amended Pub. L.
    105-277, div. G, subdiv. B, title XXII, Sec. 2219(b), Oct. 21,
    1998, 112 Stat. 2681-817.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-277, which directed the
    substitution of "Not later than April 1 of each year," for "Not
    later than April 1, 1993 and every six months thereafter," was
    executed by making the substitution for text which contained a
    comma after "1993" to reflect the probable intent of Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-EXEC-
        DELEGATION OF AUTHORITY WITH RESPECT TO REPORTS TO CONGRESS
         CONCERNING PROGRESS TOWARD NONPROLIFERATION IN SOUTH ASIA
      Memorandum of President of the United States, Mar. 30, 1994, 59
    F.R. 17229, provided:
      Memorandum for the Secretary of State
      By virtue of the authority vested in me by the Constitution and
    laws of the United States, including section 301 of title 3 of the
    United States Code, I hereby delegate to the Secretary of State the
    functions vested in the President by section 620F(c) of the Foreign
    Assistance Act of 1961, as amended (22 U.S.C. 2376(c)).
      Any report prepared pursuant to this delegation of authority
    shall be coordinated with other agencies, as appropriate, and the
    Assistant to the President for National Security Affairs, before
    submission to the Congress.
      The Secretary of State is authorized and directed to publish this
    memorandum in the Federal Register.
                                                     William J. Clinton.

-End-



-CITE-
    22 USC Sec. 2377                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2377. Prohibition on assistance to countries that aid
      terrorist states

-STATUTE-
    (a) Withholding of assistance
      The President shall withhold assistance under this chapter to the
    government of any country that provides assistance to the
    government of any other country for which the Secretary of State
    has made a determination under section 2371 of this title.
    (b) Waiver
      Assistance prohibited by this section may be furnished to a
    foreign government described in subsection (a) of this section if
    the President determines that furnishing such assistance is
    important to the national interests of the United States and, not
    later than 15 days before obligating such assistance, furnishes a
    report to the appropriate committees of Congress including - 
        (1) a statement of the determination;
        (2) a detailed explanation of the assistance to be provided;
        (3) the estimated dollar amount of the assistance; and
        (4) an explanation of how the assistance furthers United States
      national interests.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620G, as added Pub. L. 104-132,
    title III, Sec. 325, Apr. 24, 1996, 110 Stat. 1256.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Another section 620G of Pub. L. 87-195 was renumbered section
    620J and is classified to section 2378a of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                          CONGRESSIONAL FINDINGS                      
      Section 324 of Pub. L. 104-132 provided that: "The Congress finds
    that - 
        "(1) international terrorism is among the most serious
      transnational threats faced by the United States and its allies,
      far eclipsing the dangers posed by population growth or
      pollution;
        "(2) the President should continue to make efforts to counter
      international terrorism a national security priority;
        "(3) because the United Nations has been an inadequate forum
      for the discussion of cooperative, multilateral responses to the
      threat of international terrorism, the President should undertake
      immediate efforts to develop effective multilateral responses to
      international terrorism as a complement to national counter
      terrorist efforts;
        "(4) the President should use all necessary means, including
      covert action and military force, to disrupt, dismantle, and
      destroy international infrastructure used by international
      terrorists, including overseas terrorist training facilities and
      safe havens;
        "(5) the Congress deplores decisions to ease, evade, or end
      international sanctions on state sponsors of terrorism, including
      the recent decision by the United Nations Sanctions Committee to
      allow airline flights to and from Libya despite Libya's
      noncompliance with United Nations resolutions; and
        "(6) the President should continue to undertake efforts to
      increase the international isolation of state sponsors of
      international terrorism, including efforts to strengthen
      international sanctions, and should oppose any future initiatives
      to ease sanctions on Libya or other state sponsors of terrorism."

-CROSS-
                           "ASSISTANCE" DEFINED                       
      Assistance defined for purposes of title III of Pub. L. 104-132,
    see section 329 of Pub. L. 104-132, set out as a note under section
    2349aa-10 of this title.

-End-



-CITE-
    22 USC Sec. 2378                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2378. Prohibition on assistance to countries that provide
      military equipment to terrorist states

-STATUTE-
    (a) Prohibition
      (1) In general
        The President shall withhold assistance under this chapter to
      the government of any country that provides lethal military
      equipment to a country the government of which the Secretary of
      State has determined is a terrorist government for the purposes
      of section 2405(j) of title 50, Appendix, or 2371 of this title.
      (2) Applicability
        The prohibition under this section with respect to a foreign
      government shall terminate 1 year after that government ceases to
      provide lethal military equipment. This section applies with
      respect to lethal military equipment provided under a contract
      entered into after April 24, 1996.
    (b) Waiver
      Notwithstanding any other provision of law, assistance may be
    furnished to a foreign government described in subsection (a) of
    this section if the President determines that furnishing such
    assistance is important to the national interests of the United
    States and, not later than 15 days before obligating such
    assistance, furnishes a report to the appropriate committees of
    Congress including - 
        (1) a statement of the determination;
        (2) a detailed explanation of the assistance to be provided;
        (3) the estimated dollar amount of the assistance; and
        (4) an explanation of how the assistance furthers United States
      national interests.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620H, as added Pub. L. 104-132,
    title III, Sec. 326, Apr. 24, 1996, 110 Stat. 1256.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(1), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      April 24, 1966, referred to in subsec. (a)(2), was in the
    original "the date of enactment of this Act", which was translated
    as meaning the date of enactment of Pub. L. 104-132, which enacted
    this section, to reflect the probable intent of Congress.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-CROSS-
                           "ASSISTANCE" DEFINED                       
      Assistance defined for purposes of title III of Pub. L. 104-132,
    see section 329 of Pub. L. 104-132, set out as a note under section
    2349aa-10 of this title.

-End-



-CITE-
    22 USC Sec. 2378-1                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2378-1. Prohibition on assistance to countries that restrict
      United States humanitarian assistance

-STATUTE-
    (a) In general
      No assistance shall be furnished under this chapter or the Arms
    Export Control Act [22 U.S.C. 2751 et seq.] to any country when it
    is made known to the President that the government of such country
    prohibits or otherwise restricts, directly or indirectly, the
    transport or delivery of United States humanitarian assistance.
    (b) Exception
      Assistance may be furnished without regard to the restriction in
    subsection (a) of this section if the President determines that to
    do so is in the national security interest of the United States.
    (c) Notice
      Prior to making any determination under subsection (b) of this
    section, the President shall notify the Committee on International
    Relations, the Committee on Foreign Relations, and the Committees
    on Appropriations of the Senate and House of Representatives of his
    intention to make such a determination, the effective date of the
    determination, and the reasons for making the determination.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620I, as added Pub. L. 104-208, div.
    A, title I, Sec. 101(c) [title V, Sec. 559], Sept. 30, 1996, 110
    Stat. 3009-121, 3009-161.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2378a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2378a. Depleted uranium ammunition

-STATUTE-
    (a) Prohibition
      Except as provided in subsection (b) of this section, none of the
    funds made available to carry out this chapter or any other Act may
    be made available to facilitate in any way the sale of M-833
    antitank shells or any comparable antitank shells containing a
    depleted uranium penetrating component to any country other than - 
        (1) a country that is a member of the North Atlantic Treaty
      Organization;
        (2) a country that has been designated as a major non-NATO ally
      (as defined in section 2403(q) of this title); or
        (3) Taiwan.
    (b) Exception
      The prohibition contained in subsection (a) of this section shall
    not apply with respect to the use of funds to facilitate the sale
    of antitank shells to a country if the President determines that to
    do so is in the national security interest of the United States.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620J, formerly Sec. 620G, as added
    Pub. L. 104-164, title I, Sec. 149, July 21, 1996, 110 Stat. 1436;
    renumbered Sec. 620J, Pub. L. 109-446, Sec. 2(b)(1), Dec. 21, 2006,
    120 Stat. 3318.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2378b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2378b. Limitation on assistance to the Palestinian authority

-STATUTE-
    (a) Limitation
      Assistance may be provided under this chapter to the Hamas-
    controlled Palestinian Authority only during a period for which a
    certification described in subsection (b) is in effect.
    (b) Certification
      A certification described in subsection (a) is a certification
    transmitted by the President to Congress that contains a
    determination of the President that - 
        (1) no ministry, agency, or instrumentality of the Palestinian
      Authority is effectively controlled by Hamas, unless the Hamas-
      controlled Palestinian Authority has - 
          (A) publicly acknowledged the Jewish state of Israel's right
        to exist; and
          (B) committed itself and is adhering to all previous
        agreements and understandings with the United States
        Government, with the Government of Israel, and with the
        international community, including agreements and
        understandings pursuant to the Performance-Based Roadmap to a
        Permanent Two-State Solution to the Israeli-Palestinian
        Conflict (commonly referred to as the "Roadmap"); and

        (2) the Hamas-controlled Palestinian Authority has made
      demonstrable progress toward - 
          (A) completing the process of purging from its security
        services individuals with ties to terrorism;
          (B) dismantling all terrorist infrastructure within its
        jurisdiction, confiscating unauthorized weapons, arresting and
        bringing terrorists to justice, destroying unauthorized arms
        factories, thwarting and preempting terrorist attacks, and
        fully cooperating with Israel's security services;
          (C) halting all anti-American and anti-Israel incitement in
        Palestinian Authority-controlled electronic and print media and
        in schools, mosques, and other institutions it controls, and
        replacing educational materials, including textbooks, with
        materials that promote peace, tolerance, and coexistence with
        Israel;
          (D) ensuring democracy, the rule of law, and an independent
        judiciary, and adopting other reforms such as ensuring
        transparent and accountable governance; and
          (E) ensuring the financial transparency and accountability of
        all government ministries and operations.
    (c) Recertifications
      Not later than 90 days after the date on which the President
    transmits to Congress an initial certification under subsection
    (b), and every six months thereafter - 
        (1) the President shall transmit to Congress a recertification
      that the conditions described in subsection (b) are continuing to
      be met; or
        (2) if the President is unable to make such a recertification,
      the President shall transmit to Congress a report that contains
      the reasons therefor.
    (d) Congressional notification
      Assistance made available under this chapter to the Palestinian
    Authority may not be provided until 15 days after the date on which
    the President has provided notice thereof to the appropriate
    congressional committees in accordance with the procedures
    applicable to reprogramming notifications under section 2394-1(a)
    of this title.
    (e) National security waiver
      (1) In general
        Subject to paragraph (2), the President may waive subsection
      (a) with respect to - 
          (A) the administrative and personal security costs of the
        Office of the President of the Palestinian Authority;
          (B) the activities of the President of the Palestinian
        Authority to fulfill his or her duties as President, including
        to maintain control of the management and security of border
        crossings, to foster the Middle East peace process, and to
        promote democracy and the rule of law; and
          (C) assistance for the judiciary branch of the Palestinian
        Authority and other entities.
      (2) Certification
        The President may only exercise the waiver authority under
      paragraph (1) after - 
          (A) consulting with, and submitting a written policy
        justification to, the appropriate congressional committees; and
          (B) certifying to the appropriate congressional committees
        that - 
            (i) it is in the national security interest of the United
          States to provide assistance otherwise prohibited under
          subsection (a); and
            (ii) the individual or entity for which assistance is
          proposed to be provided is not a member of, or effectively
          controlled by (as the case may be), Hamas or any other
          foreign terrorist organization.
      (3) Report
        Not later than 10 days after exercising the waiver authority
      under paragraph (1), the President shall submit to the
      appropriate congressional committees a report describing how the
      funds provided pursuant to such waiver will be spent and
      detailing the accounting procedures that are in place to ensure
      proper oversight and accountability.
      (4) Treatment of certification as notification of program change
        For purposes of this subsection, the certification required
      under paragraph (2)(B) shall be deemed to be a notification under
      section 2394-1 of this title and shall be considered in
      accordance with the procedures applicable to notifications
      submitted pursuant to that section.
    (f) Definitions
      In this section:
      (1) Appropriate congressional committees
        The term "appropriate congressional committees" means - 
          (A) the Committee on International Relations and the
        Committee on Appropriations of the House of Representatives;
        and
          (B) the Committee on Foreign Relations and the Committee on
        Appropriations of the Senate.
      (2) Foreign terrorist organization
        The term "foreign terrorist organization" means an organization
      designated as a foreign terrorist organization by the Secretary
      of State in accordance with section 1189(a) of title 8.
      (3) Palestinian Authority
        The term "Palestinian Authority" means the interim Palestinian
      administrative organization that governs part of the West Bank
      and all of the Gaza Strip (or any successor Palestinian governing
      entity), including the Palestinian Legislative Council.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620K, as added, Pub. L. 109-446,
    Sec. 2(b)(2), Dec. 21, 2006, 120 Stat. 3318.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (d), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-MISC1-
                  PALESTINIAN ANTI-TERRORISM ACT OF 2006              
      Pub. L. 109-446, Dec. 21, 2006, 120 Stat. 3318, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Palestinian Anti-Terrorism Act of
    2006'.

      "SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
      "(a) Declaration of Policy. - It shall be the policy of the
    United States - 
        "(1) to support a peaceful, two-state solution to end the
      conflict between Israel and the Palestinians in accordance with
      the Performance-Based Roadmap to a Permanent Two-State Solution
      to the Israeli-Palestinian Conflict (commonly referred to as the
      'Roadmap');
        "(2) to oppose those organizations, individuals, and countries
      that support terrorism and violently reject a two-state solution
      to end the Israeli-Palestinian conflict;
        "(3) to promote the rule of law, democracy, the cessation of
      terrorism and incitement, and good governance in institutions and
      territories controlled by the Palestinian Authority; and
        "(4) to urge members of the international community to avoid
      contact with and refrain from supporting the terrorist
      organization Hamas until it agrees to recognize Israel, renounce
      violence, disarm, and accept prior agreements, including the
      Roadmap.
      "(b) Amendments. - 
        "(1) [Amended section 2378a of this title.]
        "(2) [Enacted this section.]
      "(c) Previously Obligated Funds. - The provisions of section 620K
    of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b], as added
    by subsection (b), shall be applicable to the unexpended balances
    of funds obligated prior to the date of the enactment of this Act
    [Dec. 21, 2006].

      "SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
      "(a) Amendment. - [Enacted section 2378c of this title.]
      "(b) Oversight and Related Requirements. - 
        "(1) Oversight. - For each of the fiscal years 2007 and 2008,
      the Secretary of State shall certify to the appropriate
      congressional committees not later than 30 days prior to the
      initial obligation of amounts for assistance to nongovernmental
      organizations for the West Bank or Gaza under the Foreign
      Assistance Act of 1961 [22 U.S.C. 2151 et seq.] that procedures
      have been established to ensure that the Comptroller General of
      the United States will have access to appropriate United States
      financial information in order to review the use of such
      assistance.
        "(2) Vetting. - Prior to any obligation of amounts for each of
      the fiscal years 2007 and 2008 for assistance to nongovernmental
      organizations for the West Bank or Gaza under the Foreign
      Assistance Act of 1961, the Secretary of State shall take all
      appropriate steps to ensure that such assistance is not provided
      to or through any individual or entity that the Secretary knows,
      or has reason to believe, advocates, plans, sponsors, engages in,
      or has engaged in, terrorist activity. The Secretary shall, as
      appropriate, establish procedures specifying the steps to be
      taken in carrying out this paragraph and shall terminate
      assistance to any individual or entity that the Secretary has
      determined advocates, plans, sponsors, or engages in terrorist
      activity.
        "(3) Prohibition. - No amounts made available for fiscal year
      2007 or 2008 for assistance to nongovernmental organizations for
      the West Bank or Gaza under the Foreign Assistance Act of 1961
      may be made available for the purpose of recognizing or otherwise
      honoring individuals who commit, or have committed, acts of
      terrorism.
        "(4) Audits. - 
          "(A) In general. - The Administrator of the United States
        Agency for International Development shall ensure that Federal
        or non-Federal audits of all contractors and grantees, and
        significant subcontractors and subgrantees, that receive
        amounts for assistance to nongovernmental organizations for the
        West Bank or Gaza under the Foreign Assistance Act of 1961 are
        conducted for each of the fiscal years 2007 and 2008 to ensure,
        among other things, compliance with this subsection.
          "(B) Audits by inspector general of usaid. - Of the amounts
        available for each of the fiscal years 2007 and 2008 for
        assistance to nongovernmental organizations for the West Bank
        or Gaza under the Foreign Assistance Act of 1961, up to
        $1,000,000 for each such fiscal year may be used by the Office
        of the Inspector General of the United States Agency for
        International Development for audits, inspections, and other
        activities in furtherance of the requirements of subparagraph
        (A). Such amounts are in addition to amounts otherwise
        available for such purposes.

      "SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE PALESTINIAN
        AUTHORITY AS TERRORIST SANCTUARY.
      "It is the sense of Congress that, during any period for which a
    certification described in section 620K(b) of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added by section
    2(b)(2) of this Act) is not in effect with respect to the
    Palestinian Authority, the territory controlled by the Palestinian
    Authority should be deemed to be in use as a sanctuary for
    terrorists or terrorist organizations for purposes of section
    6(j)(5) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(5)) and section 140 of the Foreign Relations Authorization
    Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).

      "SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN
        AUTHORITY.
      "(a) In General. - Except as provided in subsection (b), a visa
    should not be issued to any alien who is an official of, under the
    control of, or serving as a representative of the Hamas-led
    Palestinian Authority during any period for which a certification
    described in section 620K(b) of the Foreign Assistance Act of 1961
    [22 U.S.C. 2378b(b)] (as added by section 2(b)(2) of this Act) is
    not in effect with respect to the Palestinian Authority.
      "(b) Exception. - The restriction under subsection (a) should not
    apply to - 
        "(1) the President of the Palestinian Authority and his or her
      personal representatives, provided that the President and his or
      her personal representatives are not affiliated with Hamas or any
      other foreign terrorist organization; and
        "(2) members of the Palestinian Legislative Council who are not
      members of Hamas or any other foreign terrorist organization.

      "SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF
        THE PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION
        ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW YORK CITY.
      "(a) In General. - Notwithstanding any other provision of law,
    and except as provided in subsection (b), the President should
    restrict the travel of officials and representatives of the
    Palestinian Authority and of the Palestine Liberation Organization,
    who are stationed at the United Nations in New York City to a 25-
    mile radius of the United Nations headquarters building during any
    period for which a certification described in section 620K(b) of
    the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)] (as added
    by section 2(b)(2) of this Act) is not in effect with respect to
    the Palestinian Authority.
      "(b) Exception. - The travel restrictions described in subsection
    (a) should not apply to the President of the Palestinian Authority
    and his or her personal representatives, provided that the
    President and his or her personal representatives are not
    affiliated with Hamas or any other foreign terrorist organization.

      "SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY REPRESENTATION IN
        THE UNITED STATES.
      "(a) Prohibition. - Notwithstanding any other provision of law,
    it shall be unlawful to establish or maintain an office,
    headquarters, premises, or other facilities or establishments
    within the jurisdiction of the United States at the behest or
    direction of, or with funds provided by, the Palestinian Authority
    during any period for which a certification described in section
    620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2378b(b)]
    (as added by section 2(b)(2) of this Act) is not in effect with
    respect to the Palestinian Authority.
      "(b) Enforcement. - 
        "(1) Attorney general. - The Attorney General shall take the
      necessary steps and institute the necessary legal action to
      effectuate the policies and provisions of subsection (a).
        "(2) Relief. - Any district court of the United States for a
      district in which a violation of subsection (a) occurs shall have
      authority, upon petition of relief by the Attorney General, to
      grant injunctive and such other equitable relief as it shall deem
      necessary to enforce the provisions of subsection (a).
      "(c) Waiver. - Subsection (a) shall not apply if the President
    determines and certifies to the appropriate congressional
    committees that the establishment or maintenance of an office,
    headquarters, premises, or other facilities is vital to the
    national security interests of the United States.

      "SEC. 8. INTERNATIONAL FINANCIAL INSTITUTIONS.
      "(a) Requirement. - The President should direct the United States
    Executive Director at each international financial institution to
    use the voice, vote, and influence of the United States to prohibit
    assistance to the Palestinian Authority (other than assistance
    described under subsection (b)) during any period for which a
    certification described in section 620K(b) of the Foreign
    Assistance of 1961 [22 U.S.C. 2378b(b)] (as added by section
    2(b)(2) of this Act) is not in effect with respect to the
    Palestinian Authority.
      "(b) Exceptions. - The prohibition on assistance described in
    subsection (a) should not apply with respect to the following types
    of assistance:
        "(1) Assistance to meet food, water, medicine, or sanitation
      needs, or other assistance to meet basic human needs.
        "(2) Assistance to promote democracy, human rights, freedom of
      the press, non-violence, reconciliation, and peaceful
      coexistence, provided that such assistance does not directly
      benefit Hamas or other foreign terrorist organizations.
      "(c) Definition. - In this section, the term 'international
    financial institution' has the meaning given the term in section
    1701(c)(2) of the International Financial Institutions Act (22
    U.S.C. 262r(c)(2)).

      "SEC. 9. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR
        ORGANIZATIONS.
      "No funds authorized or available to the Department of State may
    be used for or by any officer or employee of the United States
    Government to negotiate with members or official representatives of
    Hamas, Palestinian Islamic Jihad, the Popular Front for the
    Liberation of Palestine, al-Aqsa Martyrs Brigade, or any other
    Palestinian terrorist organization (except in emergency or
    humanitarian situations), unless and until such organization - 
        "(1) recognizes Israel's right to exist;
        "(2) renounces the use of terrorism;
        "(3) dismantles the infrastructure in areas within its
      jurisdiction necessary to carry out terrorist acts, including the
      disarming of militias and the elimination of all instruments of
      terror; and
        "(4) recognizes and accepts all previous agreements and
      understandings between the State of Israel and the Palestinian
      Authority.

      "SEC. 10. ISRAELI-PALESTINIAN PEACE, RECONCILIATION AND DEMOCRACY
        FUND.
      "(a) Establishment of Fund. - Not later than 60 days after the
    date of the enactment of this Act [Dec. 21, 2006], the Secretary of
    State shall establish a fund to be known as the 'Israeli-
    Palestinian Peace, Reconciliation and Democracy Fund' (in this
    section referred to as the 'Fund'). The purpose of the Fund shall
    be to support, primarily, through Palestinian and Israeli
    organizations, the promotion of democracy, human rights, freedom of
    the press, and non-violence among Palestinians, and peaceful
    coexistence and reconciliation between Israelis and Palestinians.
      "(b) Annual Report. - Not later than 60 days after the date of
    the enactment of this Act [Dec. 21, 2006], and annually thereafter
    for so long as the Fund remains in existence, the Secretary of
    State shall submit to the appropriate congressional committees a
    report on programs sponsored and proposed to be sponsored by the
    Fund.
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated to the Secretary of State $20,000,000 for fiscal year
    2007 for purposes of the Fund.

      "SEC. 11. REPORTING REQUIREMENT.
      "Not later than 90 days after the date of the enactment of this
    Act [Dec. 21, 2006], and annually thereafter, the Secretary of
    State shall submit to the appropriate congressional committees a
    report that - 
        "(1) describes the steps that have been taken by the United
      States Government to ensure that other countries and
      international organizations, including multilateral development
      banks, do not provide direct assistance to the Palestinian
      Authority for any period for which a certification described in
      section 620K(b) of the Foreign Assistance Act of 1961 [22 U.S.C.
      2378b(b)] (as added by section 2(b)(2) of this Act) is not in
      effect with respect to the Palestinian Authority; and
        "(2) identifies any countries and international organizations,
      including multilateral development banks, that are providing
      direct assistance to the Palestinian Authority during such a
      period, and describes the nature and amount of such assistance.

      "SEC. 12. DEFINITIONS.
      "In this Act:
        "(1) Appropriate congressional committees. - The term
      'appropriate congressional committees' means - 
          "(A) the Committee on International Relations and the
        Committee on Appropriations of the House of Representatives;
        and
          "(B) the Committee on Foreign Relations and the Committee on
        Appropriations of the Senate.
        "(2) Palestinian authority. - The term 'Palestinian Authority'
      has the meaning given the term in section 620K(e)(2) of the
      Foreign Assistance Act of 1961 [22 U.S.C. 2378b(e)(2)] (as added
      by section 2(b)(2) of this Act)."

-End-



-CITE-
    22 USC Sec. 2378c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part I - General Provisions

-HEAD-
    Sec. 2378c. Limitation on assistance for the West Bank and Gaza

-STATUTE-
    (a) Limitation
      Assistance may be provided under this chapter to nongovernmental
    organizations for the West Bank and Gaza only during a period for
    which a certification described in section 2378b(b) of this title
    is in effect with respect to the Palestinian Authority.
    (b) Exceptions
      Subsection (a) shall not apply with respect to the following:
      (1) Assistance to meet basic human needs
        Assistance to meet food, water, medicine, health, or sanitation
      needs, or other assistance to meet basic human needs.
      (2) Assistance to promote democracy
        Assistance to promote democracy, human rights, freedom of the
      press, non-violence, reconciliation, and peaceful coexistence,
      provided that such assistance does not directly benefit Hamas or
      any other foreign terrorist organization.
      (3) Assistance for individual members of the Palestinian
        Legislative Council
        Assistance, other than funding of salaries or salary
      supplements, to individual members of the Palestinian Legislative
      Council who the President determines are not members of Hamas or
      any other foreign terrorist organization, for the purposes of
      facilitating the attendance of such members in programs for the
      development of institutions of democratic governance, including
      enhancing the transparent and accountable operations of such
      institutions, and providing support for the Middle East peace
      process.
      (4) Other types of assistance
        Any other type of assistance if the President - 
          (A) determines that the provision of such assistance is in
        the national security interest of the United States; and
          (B) not less than 30 days prior to the obligation of amounts
        for the provision of such assistance - 
            (i) consults with the appropriate congressional committees
          regarding the specific programs, projects, and activities to
          be carried out using such assistance; and
            (ii) submits to the appropriate congressional committees a
          written memorandum that contains the determination of the
          President under subparagraph (A).
    (c) Marking requirement
      Assistance provided under this chapter to nongovernmental
    organizations for the West Bank and Gaza shall be marked as
    assistance from the American people or the United States Government
    unless the Secretary of State or, as appropriate, the Administrator
    of the United States Agency for International Development,
    determines that such marking will endanger the lives or safety of
    persons delivering such assistance or would have an adverse effect
    on the implementation of that assistance.
    (d) Congressional notification
      Assistance made available under this chapter to nongovernmental
    organizations for the West Bank and Gaza may not be provided until
    15 days after the date on which the President has provided notice
    thereof to the Committee on International Relations and the
    Committee on Appropriations of the House of Representatives and to
    the Committee on Foreign Relations and the Committee on
    Appropriations of the Senate in accordance with the procedures
    applicable to reprogramming notifications under section 2394-1(a)
    of this title.
    (e) Definitions
      In this section:
      (1) Appropriate congressional committees
        the (!1) 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.
      (2) Foreign terrorist organization
        The term "foreign terrorist organization" means an organization
      designated as a foreign terrorist organization by the Secretary
      of State in accordance with section 1189(a) of title 8.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 620L, as added Pub. L. 109-446, Sec.
    3(a), Dec. 21, 2006, 120 Stat. 3320.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (c), and (d), was in
    the original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.


-End-


-CITE-
    22 USC Part II - Administrative Provisions                  01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
                    PART II - ADMINISTRATIVE PROVISIONS                

-End-



-CITE-
    22 USC Sec. 2381                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2381. Exercise of functions

-STATUTE-
    (a) Delegation by President; rules and regulations; utilization of
      goods and services from private enterprise, and facilities and
      resources of Federal agencies when not competitive with private
      enterprise
      The President may exercise any functions conferred upon him by
    this chapter through such agency or officer of the United States
    Government as he shall direct. The head of any such agency or such
    officer may from time to time promulgate such rules and regulations
    as may be necessary to carry out such functions, and may delegate
    authority to perform any such functions, including, if he shall so
    specify, the authority successively to redelegate any of such
    functions to any of his subordinates. In providing technical
    assistance under this chapter, the head of any such agency or such
    officer shall utilize, to the fullest extent practicable, goods and
    professional and other services from private enterprise on a
    contract basis. In such fields as education, health, housing, or
    agriculture, the facilities and resources of other Federal agencies
    shall be utilized when such facilities are particularly or uniquely
    suitable for technical assistance, are not competitive with private
    enterprise, and can be made available without interfering unduly
    with domestic programs.
    (b) Eligibility of suppliers; debarment period; causes for
      debarment; conditions for reinstatement; periodic review
      The President shall issue and enforce regulations determining the
    eligibility of any person to receive funds made available under
    this chapter. A person may be suspended under such regulations for
    a temporary period pending the completion of an investigation and
    any resulting judicial or debarment proceedings, upon cause for
    belief that such person or an affiliate thereof probably has
    undertaken conduct which constitutes a cause for debarment; and,
    after an opportunity has been afforded to such person for a
    hearing, he may be debarred for an additional period, not to exceed
    three years. Among the causes for debarment shall be (1) offering
    or accepting a bribe or other illegal payment or credit in
    connection with any transaction financed with funds made available
    under this chapter; or (2) committing a fraud in the procurement or
    performance of any contract financed with funds made available
    under this chapter; or (3) acting in any other manner which shows a
    lack of integrity or honesty in connection with any transaction
    financed with funds made available under this chapter.
    Reinstatement of eligibility in each particular case shall be
    subject to such conditions as the President shall direct. Each
    person whose eligibility is denied or suspended under this
    subsection shall, upon request, be entitled to a review of his
    eligibility not less often than once every two years.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 621, Sept. 4, 1961, 75 Stat. 445;
    Pub. L. 87-565, pt. III, Sec. 302(a), Aug. 1, 1962, 76 Stat. 262;
    Pub. L. 88-205, pt. III, Sec. 302(a), Dec. 16, 1963, 77 Stat. 388;
    Pub. L. 90-554, pt. III, Sec. 302(a), Oct. 8, 1968, 82 Stat. 964.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1968 - Pub. L. 90-554 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1963 - Pub. L. 88-205 provided that goods and professional and
    other services from private enterprise should be utilized on a
    contract basis, and that Federal agencies be utilized only when not
    competitive with private enterprise and available without
    interfering unduly with domestic programs.
      1962 - Pub. L. 87-565 struck out designation "(a)" from
    provisions of subsec. (a), and repealed subsecs. (b) to (e) which
    related to the abolition of the Development Loan Fund,
    International Cooperation Administration, and the Office of
    Inspector General and Comptroller, the transfer of their functions,
    and the transfer of the function of the Export-Import Bank under
    section 1704(e) of title 7.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out below.


-MISC2-
                          AID OFFICE OF SECURITY                      
      Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 587], Oct.
    21, 1998, 112 Stat. 2681-150, 2681-204, as amended by Pub. L. 106-
    31, title V, Sec. 5002(b), May 21, 1999, 113 Stat. 109, provided
    that:
      "(a) Establishment of Office. - There shall be established within
    the Office of the Administrator of the Agency for International
    Development, an Office of Security. Such Office of Security shall,
    notwithstanding any other provision of law except section 207 of
    the Foreign Service Act of 1980 [22 U.S.C. 3927] and section 103 of
    Public Law 99-339 [22 U.S.C. 4802], have the responsibility for the
    supervision, direction, and control of all security activities
    relating to the programs and operations of that Agency.
      "(b) Transfer and Allocation of Appropriations and Personnel. -
    There are transferred to the Office of Security all security
    functions exercised by the Office of Inspector General of the
    Agency for International Development exercised before the date of
    enactment of this Act [Oct. 21, 1998]. The Administrator shall
    transfer from the Office of the Inspector General of such Agency to
    the Office of Security established by subsection (a), the personnel
    (including the Senior Executive Service position designated for the
    Assistant Inspector General for Security), assets, liabilities,
    grants, contracts, property, records, and unexpended balances of
    appropriations, and other funds held, used, available to, or to be
    made available in connection with such functions. Unexpended
    balances of appropriations, and other funds made available or to be
    made available in connection with such functions, shall be
    transferred to and merged with funds appropriated by this Act under
    the heading 'Operating Expenses of the Agency for International
    Development' [112 Stat. 2681-157].
      "(c) Transfer of Employees. - Any employee in the career service
    who is transferred pursuant to this section shall be placed in a
    position in the Office of Security established by subsection (a)
    which is comparable to the position the employee held in the Office
    of the Inspector General of the Agency for International
    Development."

          AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET SUBMISSION      
      Pub. L. 106-429, Sec. 101(a) [title V, Sec. 576], Nov. 6, 2000,
    114 Stat. 1900, 1900A-54, provided that: "The Agency for
    International Development shall submit to the Committees on
    Appropriations a detailed budget justification that is consistent
    with the requirements of section 515 [114 Stat. 1900A-26], for each
    fiscal year. The Agency shall submit to the Committees on
    Appropriations a proposed budget justification format no later than
    November 15, 2000, or 30 days after the enactment of this Act [Nov.
    6, 2000], whichever occurs later. The proposed format shall include
    how the Agency's budget justification will address: (1) estimated
    levels of obligations for the current fiscal year and actual levels
    for the 2 previous fiscal years; (2) the President's request for
    new budget authority and estimated carryover obligational authority
    for the budget year; (3) the disaggregation of budget data and
    staff levels by program and activity for each bureau, field
    mission, and central office; and (4) the need for a user-friendly,
    transparent budget narrative."
      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 581],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-116, provided that: "Beginning
    with the fiscal year 2001 budget, the Agency for International
    Development shall submit to the Committees on Appropriations a
    detailed budget for each fiscal year. The Agency shall submit to
    the Committees on Appropriations a proposed budget format no later
    than October 31, 1999, or 30 days after the enactment of this Act
    [Nov. 29, 1999], whichever occurs later. The proposed format shall
    include how the Agency's budget submission will address: (1)
    estimated levels of obligations for the current fiscal year and
    actual levels for the two previous fiscal years; (2) the
    President's request for new budget authority and estimated
    carryover obligational authority for the budget year; (3) the
    disaggregation of budget data by program and activity for each
    bureau, field mission, and central office; and (4) staff levels
    identified by program."
      Pub. L. 102-391, title V, Sec. 599E, Oct. 6, 1992, 106 Stat.
    1698, provided that: "The President shall include with each budget
    for a fiscal year submitted to the Congress under section 1105 of
    title 31, United States Code, materials that shall identify clearly
    and separately the amounts requested in the budget for
    appropriation for that fiscal year for salaries and expenses
    related to administrative activities of the Agency for
    International Development."

                     REORGANIZATION PLAN NO. 2 OF 1979                 
      Reorganization Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378,
    which established the United States International Development
    Cooperation Agency, was repealed by Pub. L. 105-277, div. G,
    subdiv. A, title XIV, Secs. 1401, 1422(a)(1), Oct. 21, 1998, 112
    Stat. 2681-790, 2681-792, effective Apr. 1, 1999.


-EXEC-
                         EXECUTIVE ORDER NO. 10973                     
      Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended,
    which related to the administration of foreign assistance and
    related functions, was revoked by Ex. Ord. No. 12163, Sec. 1-
    903(a)(1), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set
    out below.
      Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was
    superseded insofar as any provision therein was in conflict with
    any provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969,
    set out as a note under section 2191 of this title.

       EX. ORD. NO. 12163. ADMINISTRATION OF FOREIGN ASSISTANCE AND
                             RELATED FUNCTIONS
      Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended by
    Ex. Ord. No. 12226, July 22, 1980, 45 F.R. 49235; Ex. Ord. No.
    12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 12321, Sept. 14,
    1981, 46 F.R. 46109; Ex. Ord. No. 12365, May 24, 1982, 47 F.R.
    22933; Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025; Ex. Ord.
    No. 12458, Jan. 14, 1984, 49 F.R. 1977; Ex. Ord. No. 12500, Jan.
    24, 1985, 50 F.R. 3733; Ex. Ord. No. 12560, May 24, 1986, 51 F.R.
    19159; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord.
    No. 12620, Dec. 24, 1987, 52 F.R. 49135; Ex. Ord. No. 12639, May 6,
    1988, 53 F.R. 16691; Ex. Ord. No. 12680, July 5, 1989, 54 F.R.
    28995; Ex. Ord. No. 12695, Nov. 1, 1989, 54 F.R. 46589; Ex. Ord.
    No. 12738, Secs. 1-6, Dec. 14, 1990, 55 F.R. 52033; Ex. Ord. No.
    13030, Sec. 1, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091,
    Sec. 2, June 29, 1998, 63 F.R. 36153; Pub. L. 105-277, div. G,
    subdiv. A, title XIV, Sec. 1422(a)(2), Oct. 21, 1998, 112 Stat.
    2681-792; Ex. Ord. No. 13118, Secs. 1-9, Mar. 31, 1999, 64 F.R.
    16595-16598; Ex. Ord. No. 13346, Sec. 3, July 8, 2004, 69 F.R.
    41905; Ex. Ord. No. 13361, Nov. 16, 2004, 69 F.R. 67633, provided:
      By virtue of the authority vested in me by the Foreign Assistance
    Act of 1961 [this chapter], Reorganization Plan No. 2 of 1979 [set
    out above], the International Development Cooperation Act of 1979
    [see Short Title of 1979 Amendment note set out under section 2151
    of this title], and section 301 of title 3 of the United States
    Code, and as President of the United States, it is hereby ordered
    as follows:


-MISC3-
                         1-1. DEPARTMENT OF STATE                     
      1-100. Delegation of Functions. (a) Exclusive of the functions
    otherwise delegated, or reserved to the President, by this order,
    Executive Order 12884 [22 U.S.C. 5812 note], Executive Order 11579
    [22 U.S.C. 2191 note], and Executive Order 12757 [former 7 U.S.C.
    1738 note], and subject to the provisions of such orders, there are
    hereby delegated to the Secretary of State (referred to in this
    Part as the "Secretary") all functions conferred upon the President
    by:
        (1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
      ("Act");
          (i) except that with respect to section 505(a) of the Act [22
        U.S.C. 2314(a)], such functions only insofar as those functions
        relate to other provisions which may be required by the
        President or only insofar as they relate to consent;
          (ii) except that with respect to section 505(b) of the Act,
        such functions only insofar as those functions pertain to
        countries that agree to the conditions set forth therein;
        (2) section 1205(b) of the International Security and
      Development Cooperation Act of 1985 ("ISDCA of 1985") [Pub. L. 99-
      83, 22 U.S.C. 2346 note];
        (3) section 8(d) of the Act of January 12, 1971 (22 U.S.C.
      2321b(d));
        (4) section 607 of the International Security Assistance and
      Arms Export Control Act of 1976 (22 U.S.C. 2394a);
        (5) section 402(b)(2) of title 10, United States Code, which
      shall be exercised in consultation with the Secretary of Defense;
        (6) the third proviso under the heading "Development
      Assistance" contained in title II of the Foreign Operations,
      Export Financing, and Related Programs Appropriations Act, 1999
      (as contained in Public Law 105-277) [112 Stat. 2681-153];
        (7) section 572 of the Foreign Operations, Export Financing,
      and Related Programs Appropriations Act, 1989 (Public Law 100-
      461) [22 U.S.C. 2151v note];
        (8) sections 508, 517 [22 U.S.C. 5814 note], 518, 528(a), 535
      [50 U.S.C. 1701 note], 539 [50 U.S.C. 1701 note], 544, 561, 563,
      572, 574, 575, 585, 594 [22 U.S.C. 2753 note] of the Foreign
      Operations, Export Financing, and Related Programs Appropriations
      Act, 1999 (as contained in Public Law 105-277) [112 Stat. 2681-
      150, 2681-171, 2681-174, 2681-176, 2681-178, 2681-181, 2681-182,
      2681-185, 2681-191, 2681-193, 2681-198, 2681-199, 2681-203, 2681-
      215];
        (9) section 523 of the Foreign Operations, Export Financing,
      and Related Programs Appropriations Act, 1999 (as contained in
      Public Law 105-277) [112 Stat. 2681-177], which shall be
      exercised in consultation with the Secretary of the Treasury;
        (10) section 551 of the Foreign Operations, Export Financing,
      and Related Programs Appropriations Act, 1999 (as contained in
      Public Law 105-277) [112 Stat. 2681-187];
        (11) section 591 of the Foreign Operations, Export Financing,
      and Related Programs Appropriations Act, 1998 (Public Law 105-
      118) [111 Stat. 2439], and the provisions of law referenced
      therein;
        (12) section 821(b) of the Western Hemisphere Drug Elimination
      Act (as contained in Public Law 105-277) [22 U.S.C. 2291 note];
        (13) title II of the Foreign Operations, Export Financing, and
      Related Programs Appropriations Act, 2002 (Public Law 107-115),
      under the heading "Assistance for the Independent States of the
      Former Soviet Union, [sic]" in subsections (g)(4) and (6) [22
      U.S.C. 5812 note];
        (14) section 512 of Division D of the Consolidated
      Appropriations Act, 2004 (Public Law 108-199) [118 Stat. 170];
        (15) sections 5(c) and 6 of the Anglo-Irish Agreement Support
      Act of 1986 (Public Law 99-415), as amended [100 Stat. 948, 949];
        (16) the United States Leadership Against HIV/AIDS,
      Tuberculosis, and Malaria Act of 2003 (Public Law 108-25) (the
      "HIV/AIDS Act"), as amended [22 U.S.C. 7601 et seq.], and
      amendments made by the HIV/AIDS Act, which the Secretary shall
      perform, in the case of section 304 [22 U.S.C. 7634], after
      consultation with the Secretary of Health and Human Services.
      (b) The functions under section 653 of the Act [22 U.S.C. 2413]
    delegated to the Secretary shall be exercised in consultation with
    the Secretary of Defense, insofar as they relate to functions under
    the Act administered by the Department of Defense, and the Director
    of the Office of Management and Budget.
      (c) The functions under sections 239(f), 620(e), 620(g), 620(j),
    620(q), and 620(s) of the Act [22 U.S.C. 2199(f), 2370(e), (g),
    (j), (q), (s)] delegated to the Secretary shall be exercised in
    consultation with the Administrator of the United States Agency for
    International Development.
      (d) The Secretary shall perform all public information functions
    abroad with respect to the foreign assistance, aid, and development
    programs of the United States Government, to the extent such
    functions are not specifically assigned by statute to be performed
    by a different officer.
      (e) The Secretary may redelegate to any other officer or agency
    of the Executive branch functions delegated to the Secretary by
    this order to the extent such delegation is not otherwise
    prohibited by law.

          1-2. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT      
      1-200. United States Agency for International Development.
      (a) The United States Agency for International Development is an
    independent establishment within the Executive branch. Any
    reference in the Act to the agency primarily responsible for
    administering part I of the Act [22 U.S.C. 2151 et seq.], or to the
    Administrator of such agency, shall be deemed to be a reference to
    the United States Agency for International Development or to the
    Administrator of that agency, as appropriate.
      (b) The United States Agency for International Development shall
    be headed by an Administrator appointed pursuant to section 624(a)
    of the Act [22 U.S.C. 2384(a)].
      (c) The officers provided for in section 624(a) of the Act shall
    serve in the United States Agency for International Development.
      (d) The Office of Small Business provided for in section 602(b)
    of the Act [22 U.S.C. 2352(b)] shall be in the United States Agency
    for International Development.
      (e) To the extent practicable, the Administrator of the United
    States Agency for International Development will exercise functions
    relating to Foreign Service personnel in a manner that will assure
    maximum compatibility among agencies authorized by law to utilize
    the Foreign Service personnel system. To this end, the
    Administrator shall consult regularly with the Secretary of State.

                        1-3. DEPARTMENT OF DEFENSE                    
      1-301. Delegation of Functions. Subject to the provisions of this
    order, there are hereby delegated to the Secretary of Defense:
      (a) The functions conferred upon the President by Part II [22
    U.S.C. 2301 et seq.] (except chapters 4, 6 and 8 thereof) of the
    Act [22 U.S.C. 2346 et seq., 2348 et seq., 2349aa et seq.] not
    otherwise delegated or reserved to the President.
      (b) To the extent that they relate to other functions under the
    Act [this chapter] administered by the Department of Defense, the
    functions conferred upon the President by sections 602(a), 605(a),
    625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 634(B), 635(b)
    (except with respect to negotiation, conclusion, and termination of
    international agreements), 635(d), 635(g), and 636(i) of the Act
    [22 U.S.C. 2352(a), 2355(a), 2385(a), (d)(1), (h), 2387, 2388,
    2390(3), 2391(a), 2394-1a, 2395(b), (d), (g), and 2396(i)].
      (c) Those functions under section 634A of the Act [22 U.S.C. 2394-
    1], to the extent they relate to notifications to the Congress
    concerning changes in programs under chapters 2 and 5 of part II of
    the Act [22 U.S.C. 2311 et seq., 2347 et seq.] and under the Arms
    Export Control Act, as amended [22 U.S.C. 2751 et seq.], subject to
    prior consultation with the Secretary of State.
      (d) The functions under sections 627, 628, and 630(3) of the Act
    [22 U.S.C. 2387, 2388, and 2390(3)] delegated to the Secretary of
    Defense shall be exercised in consultation with the Secretary of
    State.
      (e) the functions under section 655 of the Act [22 U.S.C. 2415]
    insofar as they relate to defense articles, defense services, and
    international military education and training furnished by grant or
    sale by the Secretary of Defense, except to the extent otherwise
    delegated.
      (f) Those functions conferred upon the President under section
    616 of the ISDCA of 1985 [Pub. L. 99-83, Aug. 8, 1985, 99 Stat.
    232].
      (g) The functions conferred upon the President under section 573
    [22 U.S.C. 2321j note] and section 581(b)(2) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations
    Act, 1990 (Public Law 101-167) [Nov. 21, 1989, 103 Stat. 1246,
    1250].
      (h) The functions conferred upon the President under section 3 of
    the International Narcotics Control Act of 1989 (Public Law 101-
    231) [Dec. 13, 1989, 103 Stat. 1955], which shall be exercised in
    consultation with the Secretary of State.
      1-302. Reports and Information. In carrying out the functions
    under section 514 of the Act [22 U.S.C. 2321h] delegated to him by
    section 301 of this order, the Secretary of Defense shall consult
    with the Secretary of State.

        1-4. INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION    
      [Revoked by Ex. Ord. No. 13118, Sec. 4, Mar. 31, 1999, 64 F.R.
    16596]

                            1-5. OTHER AGENCIES                        
      1-501. Department of the Treasury. (a) There are delegated to the
    Secretary of the Treasury the functions conferred upon the
    President by:
        (1) section 305 [22 U.S.C. 2225], insofar as it relates to the
      International Bank for Reconstruction and Development, the
      International Development Association, the International Finance
      Corporation, the Inter-American Development Bank, the Asian
      Development Bank, the African Development Fund, and the
      International Monetary Fund;
        (2) the second sentence of section 612(a) of the Act [22 U.S.C.
      2362(a)];
        (3) section 502 of the Mutual Security Act of 1954 (22 U.S.C.
      1754); and
        (4) section 655(c) of the Act [former 22 U.S.C. 2415(c)].
      (b) The Secretary of the Treasury shall continue to administer
    any open special foreign country accounts established pursuant to
    former section 514 of the Act as enacted by section 201(f) of
    Public Law 92-226 (86 Stat. 25) and repealed by Section 12(b)(5) of
    Public Law 93-189 (87 Stat. 722) [22 U.S.C. 2321g].
      (c) The functions under section 305 of the Act [22 U.S.C. 2225]
    delegated to the Secretary of the Treasury shall be exercised in
    consultation with the Secretary of State.
      1-502. Department of Commerce. There is hereby delegated to the
    Secretary of Commerce so much of the functions conferred upon the
    President by section 601(b)(1) of the Act [22 U.S.C. 2351(b)(1)] as
    consists of drawing the attention of private enterprise to
    opportunities for investment and development in less developed
    friendly countries and areas.
      1-503. Office of Personnel Management. There is hereby delegated
    to the Director of the Office of Personnel Management the function
    of prescribing regulations conferred upon the President by the
    proviso contained in section 625(b) of the Act [22 U.S.C. 2385(b)].
      [1-504. Revoked by Ex. Ord. No. 13118, Sec. 5(2), Mar. 31, 1999,
    64 F.R. 16597.]
      1-505. Trade and Development Agency. There is delegated to the
    Director of the Trade and Development Agency the functions
    conferred upon the President by section 661(d) of the Act [22
    U.S.C. 2421(d)].
      [1-506. Revoked by Ex. Ord. No. 13118, Sec. 5(4), Mar. 31, 1999,
    64 F.R. 16597.]

         1-6. ADDITIONAL DELEGATIONS AND LIMITATIONS OF AUTHORITY;
                               CONSULTATION
      1-601. General Delegation of Functions. There are hereby
    delegated to the heads of agencies having responsibilities for
    carrying out the provisions of the Act [this chapter] all functions
    conferred upon the President by:
      (a) section 654 [22 U.S.C. 2414] (except as reserved to the
    President); and
      (b) those provisions of acts appropriating funds under the
    authority of the Act [this chapter] that relate to the Act, or
    other acts authorizing such funds, insofar as they relate to the
    functions delegated by this order.
      1-602. Personnel. (a) In carrying out the functions conferred
    upon the President by the provisions of section 625(d) of the Act
    [22 U.S.C. 2385(d)], and by this order delegated to the Secretary
    of State, the Secretary shall authorize such of the agencies that
    administer programs under the Act [this chapter] as he may deem
    appropriate to perform any of the functions under section 625(d) of
    the Act to the extent that the said functions relate to the
    programs administered by the respective agencies.
      (b) Persons appointed, employed, or assigned after May 19, 1959,
    under section 527(c) of the Mutual Security Act of 1954 [former 22
    U.S.C. 1787(c)] or section 625(d) of the Act [22 U.S.C. 2385(d)]
    for the purpose of performing functions under such Acts outside the
    United States shall not, unless otherwise agreed by the agency in
    which such benefits may be exercised, be entitled to the benefits
    provided by section 310 of the Foreign Service Act of 1980 (22
    U.S.C. 3950) in cases in which their service under the appointment,
    employment, or assignment exceeds thirty months.
      1-603. Special Missions and Staffs Abroad. The maintenance of
    special missions or staffs abroad, the fixing of the ranks of the
    chiefs thereof after the chiefs of the United States diplomatic
    missions, and the authorization of the same compensation and
    allowances authorized for a chief of mission as defined in section
    102(a)(3) of the Foreign Service Act of 1980 (22 U.S.C.
    3902(a)(3)), all under section 631 of the Act [22 U.S.C. 2391],
    shall be subject to the approval of the Secretary of State.
      1-604. International Agreements. The negotiation, conclusion, and
    termination of international agreements pursuant to the Act [this
    chapter] shall be subject to the requirements of 1 U.S.C. 112b and
    to applicable regulations and procedures.
      1-605. Interagency Consultation. Each officer to whom functions
    are delegated by this order, shall, in carrying out such functions,
    consult with the heads of other departments and agencies, including
    the Director of the Office of Management and Budget, on matters
    pertaining to the responsibilities of departments and agencies
    other than his or her own.

                          1-7. RESERVED FUNCTIONS                      
      1-701. Reservation of Functions to the President. There are
    hereby excluded from the functions delegated by the foregoing
    provisions of this order:
      (a) The functions conferred upon the President by sections
    122(e), 298(a), 493, 504(b), 613(a), 614(a), 620(a), 620(d),
    620(x), 620A, 620C(c), 621(a), 622(b), 622(c), 633(a), 633(b),
    640B, and 663(b) of the Act [22 U.S.C. 2151t(e), 2220c(a), 2292b,
    2312(b), 2363(a), 2364(a), 2370(a), (d), (x), 2371, 2373(c),
    2381(a), 2382(b), (c), 2393(a), (b), 2399c, and 2423(b)].
      (b) The functions conferred upon the President by the Act [this
    chapter] and section 408(b) of the Mutual Security Act of 1954 [22
    U.S.C. 1928] with respect to the appointment of officers required
    to be appointed by and with the advice and consent of the Senate
    and with respect to the appointment of officers pursuant to
    sections 233(b) and 624(c) of the Act [22 U.S.C. 2193(b), 2384(c)].
      (c) The functions conferred upon the President with respect to
    determinations, certifications, directives, or transfers of funds,
    as the case may be, by sections 209(d), 303, 465(b), 490(h),
    505(d)(2)(A), 505(d)(3), 506(a), 552(c), 552(e), 610, 614(c), 620E,
    632(b), 633A, 663(a) of the Act [22 U.S.C. 2169(d), 2223, 2275(b),
    2291j(h), 2314(d)(2)(A), (d)(3), 2318(a), 2348a(c), (e), 2360,
    2364(c), 2375, 2392(b), 2393a, 2423(a)]; those under section 604(a)
    of the Act [22 U.S.C. 2354(a)] except insofar as they relate to
    procurement under chapter 1 of part I and chapter 4 of part II [22
    U.S.C. 2151 et seq., 2346 et seq.].
      [(d) Redesignated (c).]
      (e) The following-described functions conferred upon the
    President:
        (1) Those under section 503(a) [22 U.S.C. 2311(a)] that relate
      to findings: Provided, that the Secretary of State, in the
      implementation of the functions delegated to him under section
      505(a)(1), (a)(4), and (e) of the Act [22 U.S.C. 2314(a)(1),
      (a)(4), and (e)], is authorized to find, in the case of a
      proposed transfer of a defense article or related training or a
      related defense service by a foreign country or international
      organization to a foreign country or international organization
      not otherwise eligible under section 503(a) of the Act, whether
      the proposed transfer will strengthen the security of the United
      States and promote world peace.
        (2) Those under section 505(b) [22 U.S.C. 2314(b)] in respect
      of countries that do not agree to the conditions set forth
      therein.
        (3) That under section 614(b) [22 U.S.C. 2364(b)] with respect
      to determining any provisions of law to be disregarded to achieve
      the purpose of that section.
        (4) That under the second sentence of section 654(c) [22 U.S.C.
      2414(c)] with respect to the publication in the Federal Register
      of any findings or determination reserved to the President:
      Provided, that any officer to whom there is delegated the
      function of making any finding or determination within the
      purview of section 654(a) [22 U.S.C. 2414(a)] is also authorized
      to reach the conclusion specified in performance of the function
      delegated to him.
      (f) That under section 523(d) of the Mutual Security Act of 1954
    (22 U.S.C. 1783(d)).
      (g) Those under sections 130 [Pub. L. 99-83, Aug. 8, 1985, 99
    Stat. 207], 504 and 505 [22 U.S.C. 2349aa-8, 2349aa-9] of the ISDCA
    of 1985[.]
      (h) Those functions conferred by section 1(f)(1) and section
    1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act
    of 1956, as amended (22 U.S.C. 2651a).
      (i) Those functions conferred by section 202(d)(4)(C)(i) and (ii)
    of the HIV/AIDS Act, as amended [22 U.S.C. 7622(d)(4)(C)(i), (ii)].
      1-702. Subsequent Amendments. Functions conferred upon the
    President by subsequent amendments to the Act [this chapter] are
    delegated to the Secretary only insofar as they do not relate
    directly and necessarily to the conduct of programs and activities
    that either the President or an agency other than the Department of
    State is authorized to administer pursuant to express reservation
    or delegation of authorities in a statute or in this or another
    Executive order.
      1-703. Office of Management and Budget. In this order the
    Director of the Office of Management and Budget shall retain all
    authorities related to the implementation of his budgetary and
    policy coordination functions, including the authority to:
        (a) request and receive information from any agency that is
      subject to this delegation;
        (b) carry out all responsibilities associated with implementing
      the Government Performance and Results Act [Pub. L. 103-62, see
      Short Title of 1993 Amendment note set out under section 1101 of
      Title 31, Money and Finance], the Government Management Reform
      Act [Pub. L. 103-356, see Short Title of 1994 Amendment note set
      out under section 3301 of Title 31], and other comparable
      government-wide statutes dealing with management; and
        (c) carry out all statutory budget and policy coordination
      responsibilities assigned to the Director of the Office of
      Management and Budget by statute or Executive order.

                                1-8. FUNDS                            
      1-800. Allocation of Funds. Funds described below that are
    appropriated or otherwise made available to the President shall be
    deemed to be allocated without any further action of the President,
    as follows:
      (a) Except as provided in subsections (b) and (c), there are
    allocated to the Secretary all funds made available for carrying
    out the Act, including any funds appropriated under the heading
    "Nonproliferation, Anti-Terrorism, Demining and Related Programs".
      (b) There are allocated to the Secretary of Defense all funds
    made available for carrying out chapters 2 and 5 of Part II of the
    Act [22 U.S.C. 2311 et seq., 2347 et seq.].
      (c) There are allocated to the Secretary of the Treasury all
    funds made available for carrying out section 129 of the Act [22
    U.S.C. 2151aa].
      (d) The Secretary of State, the Secretary of Defense, and the
    Secretary of the Treasury may allocate or transfer as appropriate
    any funds received under subsections (a), (b), and (c) of this
    section, respectively, to any agency or part thereof for obligation
    or expenditure thereby consistent with applicable law.

                          1-9. GENERAL PROVISIONS                      
      1-901. Definition. As used in this order, the word "function"
    includes any duty, obligation, power, authority, responsibility,
    right, privilege, discretion, or activity.
      1-902. References to Orders and Acts. Except as may for any
    reason be inappropriate:
      (a) References in this order or in any other Executive order to
    (1) the Foreign Assistance Act of 1961 [this chapter] (including
    references herein to "the Act"), (2) unrepealed provisions of the
    Mutual Security Act of 1954 [act Aug. 26, 1954, ch. 937, 68 Stat.
    832, as amended], or (3) any other act that relates to the subject
    of this order shall be deemed to include references to any
    subsequent amendments thereto.
      (b) References in any prior Executive order to the Mutual
    Security Act of 1954 [act Aug. 26, 1954, ch. 937, 68 Stat. 832, as
    amended] or any provisions thereof shall be deemed to be references
    to the Act [this chapter] or the corresponding provision, if any,
    thereof.
      (c) References in this order to provisions of any Act, and
    references in any other Executive order or in any memorandum
    delegation to provisions of any Act related to the subject of this
    order shall be deemed to include references to any provision of law
    that is the same or substantially the same as such provisions,
    respectively.
      (d) References in this order or in any other Executive order to
    this order or to any provision thereof shall be deemed to include
    references thereto, respectively, as amended from time to time.
      (e) References in any prior Executive order not superseded by
    this order to any provisions of any Executive order so superseded
    shall hereafter be deemed to be references to the corresponding
    provisions, if any, of this order.
      1-903. Prior Executive Orders. (a) The following are revoked:
        (1) Executive Order No. 10973 [22 U.S.C. 2381 note] of November
      3, 1961, as amended;
        (2) section 2(a) of Executive Order No. 11579 [22 U.S.C. 2191
      note], of January 19, 1971; and
        (3) Executive Order No. 10893 [22 U.S.C. 2382 note] of November
      8, 1960.
      (b) The following are amended:
        (1) section 3(a) of Executive Order No. 11846 of March 27,
      1975, as amended [19 U.S.C. 2111 note], by adding the following
      new paragraph (12) after paragraph (11):
        "(12) The Director of the United States International
      Development Cooperation Agency";
        (2) section 1-202 of Executive Order 12065 of June 28, 1978 [50
      U.S.C. 435 note], by striking out "The Administrator, Agency for
      International Development" and inserting in lieu thereof "The
      Director of the United States International Development
      Cooperation Agency";
        (3) section 2(a) of Executive Order No. 11958 of January 18,
      1977 [22 U.S.C. 2751 note], by striking out "the Administrator of
      the Agency for International Development" and inserting in lieu
      thereof "the Director of the United States International
      Development Cooperation Agency";
        (4) section 3 of Executive Order 10900 of January 5, 1961 [7
      U.S.C. 1691 note], by adding thereto the following new
      subsection:
        "(d) The Secretary of State may redelegate to the Director of
      the United States International Development Cooperation Agency,
      or to any other officer or agency of the Executive branch,
      functions delegated to such Secretary by this order.";
        (5) section 4 of Executive Order 11223 of May 12, 1965 [22
      U.S.C. 2393 note], by inserting immediately following "the
      Secretary of State" the words "or the Director of the United
      States International Development Cooperation Agency (with respect
      to functions vested in or delegated to the Director)"; and
        (6) the President's memorandum of October 18, 1961, entitled
      "Determination Under Section 604(a) of the Foreign Assistance Act
      of 1961" (26 FR 10543) is amended by inserting after "the
      Secretary of State" each time it appears in such memorandum the
      words "or the Director of the United States International
      Development Cooperation Agency (with respect to non-military
      programs administered by such Agency)".
      [(c), (d) Revoked by Ex. Ord. No. 13118, Sec. 9, Mar. 31, 1999,
    64 F.R. 16598.]
      1-904. Saving Provisions. Except to the extent inconsistent with
    this order, all delegations of authority, determinations,
    authorizations, regulations, rulings, certificates, orders,
    directives, contracts, agreements, and other actions made, issued,
    or entered into with respect to any function affected by this order
    and not revoked, superseded, or otherwise made inapplicable before
    the date of this order, shall continue in full force and effect
    until amended, modified, or terminated by appropriate authority.
      1-905. Effective Date. The provisions of this order shall become
    effective as of October 1, 1979.
      1-906. Implementation. In carrying out this order, officers of
    the United States shall ensure that all actions taken by them are
    consistent with the President's constitutional authority to: (a)
    conduct the foreign affairs of the United States; (b) withhold
    information the disclosure of which could impair the foreign
    relations, the national security, the deliberative processes of the
    Executive, or the performance of the Executive's constitutional
    duties; (c) recommend for congressional consideration such measures
    as the President may judge necessary and expedient; and (d)
    supervise the unitary executive branch.
      [Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1422(a)(2),
    Oct. 21, 1998, 112 Stat. 2681-792, provided that sections 1-101
    through 1-103, 1-401 through 1-403, and 1-801(a), and other
    provisions of Ex. Ord. No. 12163 that relate to the United States
    International Development Cooperation Agency or the Director
    thereof were repealed.]

-End-



-CITE-
    22 USC Sec. 2381a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2381a. Strengthened management practices

-STATUTE-
    (a) Declaration of beliefs
      The Congress believes that United States foreign aid funds could
    be utilized more effectively by the application of advanced
    management decisionmaking, information and analysis techniques such
    as systems analysis, automatic data processing, benefit-cost
    studies, and information retrieval.
    (b) Management system; establishment; scope
      To meet this need, the President shall establish a management
    system that includes: the definition of objectives and programs for
    United States foreign assistance; the development of quantitative
    indicators of progress toward these objectives; the orderly
    consideration of alternative means for accomplishing such
    objectives; and the adoption of methods for comparing actual
    results of programs and projects with those anticipated when they
    were undertaken. The system should provide information to the
    agency and to Congress that relates agency resources, expenditures,
    and budget projections to such objectives and results in order to
    assist in the evaluation of program performance, the review of
    budgetary requests, and the setting of program priorities.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 621A, as added Pub. L. 90-554, pt.
    III, Sec. 302(b), Oct. 8, 1968, 82 Stat. 964; amended Pub. L. 95-
    424, title V, Sec. 502(d)(1), Oct. 6, 1978, 92 Stat. 959.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (c). Pub. L. 95-424 struck out subsec. (c)
    relating to annual reports to Congress by the President evaluating
    the progress made toward implementation of this section.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2382                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2382. Coordination with foreign policy

-STATUTE-
    (a) Powers or functions of Secretary of State
      Nothing contained in this chapter shall be construed to infringe
    upon the powers or functions of the Secretary of State.
    (b) Coordination among representatives of United States
      The President shall prescribe appropriate procedures to assure
    coordination among representatives of the United States Government
    in each country, under the leadership of the Chief of the United
    States Diplomatic Mission. The Chief of the diplomatic mission
    shall make sure that recommendations of such representatives
    pertaining to military assistance (including civic action) and
    military education and training programs are coordinated with
    political and economic considerations, and his comments shall
    accompany such recommendations if he so desires.
    (c) Responsibility for supervision and general direction of
      assistance programs
      Under the direction of the President, the Secretary of State
    shall be responsible for the continuous supervision and general
    direction of economic assistance, military assistance, and military
    education and training programs, including but not limited to
    determining whether there shall be a military assistance (including
    civic action) or a military education and training program for a
    country and the value thereof, to the end that such programs are
    effectively integrated both at home and abroad and the foreign
    policy of the United States is best served thereby.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 622, Sept. 4, 1961, 75 Stat. 446;
    Pub. L. 89-171, pt. III, Sec. 302(a), Sept. 6, 1965, 79 Stat. 660;
    Pub. L. 89-583, pt. III, Sec. 302(a), Sept. 19, 1966, 80 Stat. 807;
    Pub. L. 90-629, ch. 4, Sec. 45(b)(1), (2), Oct. 22, 1968, 82 Stat.
    1327; Pub. L. 94-329, title I, Sec. 106(b)(2), June 30, 1976, 90
    Stat. 733.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (b). Pub. L. 94-329, Sec. 106(b)(2)(A), inserted
    "and military education and training" after "(including civic
    action)".
      Subsec. (c). Pub. L. 94-329, Sec. 106(b)(2)(B), inserted
    reference to military education and training programs in two
    places.
      1968 - Subsec. (b). Pub. L. 90-629, Sec. 45(b)(1), struck out "or
    sales" before "programs".
      Subsec. (c). Pub. L. 90-629, Sec. 45(b)(2), struck out "and
    sales" and "or sales" before "programs" and "program",
    respectively.
      1966 - Subsec. (b). Pub. L. 89-583, Sec. 302(a)(1), substituted
    "(including civic action) or sales programs" for "(including any
    civic action and sales program)".
      Subsec. (c). Pub. L. 89-583, Sec. 302(a)(2), substituted
    "economic assistance and military assistance and sales programs"
    and "military assistance (including civic action) or sales program"
    for "the assistance programs authorized by this chapter" and
    "military assistance program (including civic action and sales
    program)", respectively.
      1965 - Subsec. (b). Pub. L. 89-171, Sec. 302(a)(1), inserted
    "(including any civic action and sales program)".
      Subsec. (c). Pub. L. 89-171, Sec. 302(a)(2), inserted "including
    any civic action and sales program)".

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-629 effective July 1, 1968, see section
    41 of Pub. L. 90-629, set out as an Effective Date note under
    section 2751 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-EXEC-
                EX. ORD. NO. 10338. COORDINATION PROCEDURES            
      Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided:
      Section 1. Functions of the Chief of the United States Diplomatic
    Mission. (a) The Chief of the United States Diplomatic Mission in
    each country, as the representative of the President and acting on
    his behalf, shall coordinate the activities of the United States
    representatives (including the chiefs of economic missions,
    military assistance advisory groups, and other representatives of
    agencies of the United States Government) in such country engaged
    in carrying out programs under the Mutual Security Act of 1951
    (hereinafter referred to as the Act) [section 1509 et seq. of this
    title], and he shall assume responsibility for assuring the unified
    development and execution of the said programs in such country.
    More particularly, the functions of each Chief of United States
    Diplomatic Mission shall include, with respect to the programs and
    country concerned:
      (1) Exercising general direction and leadership of the entire
    effort.
      (2) Assuring that recommendations and prospective plans and
    actions of the United States representatives are effectively
    coordinated and are consistent with and in furtherance of the
    established policy of the United States.
      (3) Assuring that the interpretations and application of
    instructions received by the United States representatives from
    higher authority are in accordance with the established policy of
    the United States.
      (4) Guiding the United States representatives in working out
    measures to prevent duplication in their efforts and to promote the
    most effective and efficient use of all United States officers and
    employees having mutual security responsibilities.
      (5) Keeping the United States representatives fully informed as
    to current and prospective United States policies.
      (6) Prescribing procedures governing the coordination of the
    activities of the United States representatives, and assuring that
    these representatives shall have access to all available
    information essential to the accomplishment of their prescribed
    duties.
      (7) Preparing and submitting such reports on the operation and
    status of the programs under the Act as may be directed by the
    Director for Mutual Security.
      (b) Each Chief of United States Diplomatic Mission shall perform
    his functions under this order in accordance with instructions from
    higher authority and subject to established policies and programs
    of the United States.
      (c) No Chief of United States Diplomatic Mission shall delegate
    any function conferred upon him by the provisions of this order
    which directly involves the exercise of direction, coordination, or
    authority.
      Sec. 2. Referral of unresolved matters. The Chief of the United
    States Diplomatic Mission in each country shall initiate steps to
    reconcile any divergent views arising in the country concerned with
    respect to programs under the Act. If agreement cannot be reached
    the Chief of the United States Diplomatic Mission shall recommend a
    course of action, and such course of action shall be followed
    unless a United States representative requests that the issue be
    referred to higher authority for decision. If such a request is
    made, the parties concerned shall promptly refer the issue to
    higher authority for resolution prior to taking action at the
    country level. The Director for Mutual Security shall assure
    expeditious decisions on matters so submitted.
      Sec. 3. Effect of order on United States representatives. (a) All
    United States representatives in each country shall be subject to
    the responsibilities imposed upon the Chief of the United States
    Diplomatic Mission in such country by section 507 of the Mutual
    Security Act of 1951 [section 1658 of this title] and by this
    order.
      (b) Subject to compliance with the provisions of this order and
    with the prescribed procedures of their respective agencies, all
    United States representatives affected by this order (1) shall have
    direct communication with their respective agencies and with such
    other parties and in such manner as may be authorized by their
    respective agencies, (2) shall keep the respective Chiefs of United
    States Diplomatic Missions and each other fully and currently
    informed on all matters, including prospective plans,
    recommendations, and actions, relating to programs under the Act,
    and (3) shall furnish to the respective Chiefs of United States
    Diplomatic Missions, upon their request, documents and information
    concerning the said programs.
      Sec. 4. Further coordination procedures. The Director for Mutual
    Security shall be responsible for assuring the carrying out of the
    provisions of this order. He is authorized to prescribe, after
    consultation with the interested Government agencies, any
    additional procedures he may find necessary to carry out the
    provisions of this order.
      Sec. 5. Prior orders. (a) To the extent that provisions of any
    prior order are inconsistent with the provisions of this order, the
    latter shall control, and any such prior provisions are amended
    accordingly. All orders, regulations, rulings, certificates,
    directives, and other actions relating to any function affected by
    this order shall remain in effect except as they are inconsistent
    herewith or are hereafter amended or revoked under proper
    authority.
      (b) Nothing in this order shall affect Executive Orders Nos.
    10062, 10063, and 10144 of June 6, 1949, June 13, 1949, and July
    21, 1950, respectively.
      (c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960,
    10208, and 10259 of May 22, 1947, May 31, 1947, December 26, 1947,
    April 9, 1948, May 19, 1948, January 25, 1951, and June 27, 1951,
    respectively, are hereby revoked.

                         EXECUTIVE ORDER NO. 10893                     
      Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended,
    which related to the administration of mutual security and related
    functions, was revoked by Ex. Ord. No. 12163, Sec. 1-903(a)(3),
    Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note
    under section 2381 of this title. Ex. Ord. No. 10893 was also
    revoked, except section 201 thereof, by section 1-501(h) of Ex.
    Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out as a
    note under section 1691 of Title 7, Agriculture.

                         EXECUTIVE ORDER NO. 12066                     
      Ex. Ord. No. 12066, June 29, 1978, 43 F.R. 28965, which related
    to the inspection of foreign assistance programs, was revoked by
    section 10(k) of Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968,
    set out as a note under section 3901 of this title.

-End-



-CITE-
    22 USC Sec. 2383                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2383. Responsibilities of the Secretary of Defense; priorities
      in procurement, delivery, and allocation of military equipment

-STATUTE-
      (a) In the case of assistance under subchapter II of this
    chapter, the Secretary of Defense shall have primary responsibility
    for - 
        (1) the determination of military end-item requirements;
        (2) the procurement of military equipment in a manner which
      permits its integration with service programs;
        (3) the supervision of end-item use by the recipient countries;
        (4) the supervision of the training of foreign military and
      related civilian personnel;
        (5) the movement and delivery of military end-items; and
        (6) within the Department of Defense, the performance of any
      other functions with respect to the furnishing of military
      assistance, education and training.

      (b) The establishment of priorities in the procurement, delivery,
    and allocation of military equipment shall be determined by the
    Secretary of Defense.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 623, Sept. 4, 1961, 75 Stat. 446;
    Pub. L. 94-329, title I, Sec. 106(b)(3), June 30, 1976, 90 Stat.
    733.)


-MISC1-
      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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1976 - Subsec. (a)(4). Pub. L. 94-329, Sec. 106(b)(3)(A),
    inserted "and related civilian" after "military".
      Subsec. (a)(6). Pub. L. 94-329, Sec. 106(b)(3)(B), inserted
    "education and training" after "assistance".

-End-



-CITE-
    22 USC Sec. 2384                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2384. Statutory officers

-STATUTE-
    (a) Appointment
      The President may appoint, by and with the advice and consent of
    the Senate, twelve officers in the agency primarily responsible for
    administering subchapter I of this chapter, and in the selection of
    one of such persons due consideration shall be given to persons
    qualified as professional engineers.
    (b) Rate of compensation; title of officers; order of succession
      Within the limitations established by subsection (a) of this
    section, the President may fix the rate of compensation, and may
    designate the title of, any officer appointed pursuant to the
    authority contained in that subsection. The President may also fix
    the order of succession among the officers provided for in
    subsection (a) of this section in the event of the absence, death,
    resignation, or disability of one or more of said officers.
    (c) Appointment of certain statutory officers to comparable
      positions
      Any person who was appointed by and with the advice and consent
    of the Senate, to any statutory position authorized by any
    provision of law repealed by section 642(a) and who is serving in
    one of such positions at the time of transfer of functions pursuant
    to subsections (c) and (d) of section 2381 of this title, may be
    appointed by the President to a comparable position authorized by
    subsection (a) of this section on the date of the establishment of
    the agency primarily responsible for administering subchapter I of
    this chapter, without further action by the Senate.
    (d) Repealed. Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977,
      91 Stat. 541
    (e) Coordinator for security assistance
      In addition to the officers otherwise provided for in this
    section, the President shall appoint, by and with the advice and
    consent of the Senate, one officer for the purpose of coordinating
    security assistance programs.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 624, Sept. 4, 1961, 75 Stat. 447;
    Pub. L. 87-565, pt. III, Sec. 302(b), Aug. 1, 1962, 76 Stat. 262;
    Pub. L. 88-205, pt. III, Sec. 302(b), Dec. 16, 1963, 77 Stat. 388;
    Pub. L. 88-426, title III, Sec. 305(33), (42), Aug. 14, 1964, 78
    Stat. 426, 428; Pub. L. 89-171, pt. III, Sec. 302(b), Sept. 6,
    1965, 79 Stat. 660; Pub. L. 89-583, pt. III, Sec. 302(b), Sept. 19,
    1966, 80 Stat. 807; Pub. L. 90-137, pt. III, Sec. 302(a), Nov. 14,
    1967, 81 Stat. 460; Pub. L. 91-175, pt. III, Sec. 304, Dec. 30,
    1969, 83 Stat. 821; Pub. L. 92-226, pt. III, Sec. 302, Feb. 7,
    1972, 86 Stat. 28; Pub. L. 94-329, title III, Sec. 301(b), June 30,
    1976, 90 Stat. 750; Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3,
    1977, 91 Stat. 541; Pub. L. 95-105, title I, Sec. 109(a)(1), Aug.
    17, 1977, 91 Stat. 846; Pub. L. 95-424, title V, Sec. 504, Oct. 6,
    1978, 92 Stat. 959; Pub. L. 96-533, title VII, Sec. 706, Dec. 16,
    1980, 94 Stat. 3158; Pub. L. 97-113, title VII, Sec. 705(b)(1),
    Dec. 29, 1981, 95 Stat. 1545; Pub. L. 98-164, tile X, Sec. 1002(b),
    Nov. 22, 1983, 97 Stat. 1052; Pub. L. 103-236, title I, Sec.
    162(e)(4), Apr. 30, 1994, 108 Stat. 405.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 642(a), referred to in subsec. (c), means section 642(a)
    of Pub. L. 87-195, which is set out as a note under section 2151 of
    this title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1994 - Subsec. (f). Pub. L. 103-236 struck out subsec. (f) which
    provided for an Assistant Secretary of State for Human Rights and
    Humanitarian Affairs and prescribed the Assistant Secretary's
    duties.
      1983 - Subsec. (f)(2)(C). Pub. L. 98-164 inserted provisions
    relating to providing advice to the Administrator of the Agency for
    International Development on policy framework.
      1981 - Subsec. (g). Pub. L. 97-113 struck out subsec. (g) which
    related to the Inspector General and the duties, responsibilities,
    and compensation of such official. See sections 2, 8A, and 11 of
    the Inspector General Act of 1978, Pub. L. 95-452, Oct. 12, 1978,
    92 Stat. 1101, as amended, set out in the Appendix to Title 5,
    Government Organization and Employees.
      1980 - Subsec. (g). Pub. L. 96-533 substituted in pars. (1) to
    (5) "Inspector General" for "Auditor General" wherever appearing;
    in par. (3), imposed upon the Inspector General requirement of
    supervising, directing, and controlling security activities,
    including audit, investigative, and security activities relating to
    programs and operations within the United States International
    Development Cooperation Agency; in par. (4) required submission of
    an annual report to the Director; and added pars. (6) to (9).
      1978 - Subsec. (g). Pub. L. 95-424 added subsec. (g).
      1977 - Subsec. (d). Pub. L. 95-88 struck out subsec. (d) which
    provided for an Inspector General, Foreign Assistance.
      Subsec. (f)(1). Pub. L. 95-105, Sec. 109(a)(1)(A), substituted
    references to the Assistant Secretary of State for Human Rights and
    Humanitarian Affairs for references to the Coordinator for Human
    Rights and Humanitarian Affairs.
      Subsec. (f)(2). Pub. L. 95-105, Sec. 109(a)(1)(B), substituted
    "Assistant Secretary of State" for "Coordinator".
      1976 - Subsec. (f). Pub. L. 94-329 added subsec. (f).
      1972 - Subsec. (e). Pub. L. 92-226 added subsec. (e).
      1969 - Subsec. (d)(2)(A). Pub. L. 91-175, Sec. 304(1), inserted
    provision including the Overseas Private Investment Corporation in
    Inspector General's reviews and audits, and inserted provision
    authorizing the conduct of such reviews and audits for programs
    under section 290f of this title.
      Subsec. (d)(5), (7). Pub. L. 91-175, Sec. 304(2), (3), included
    section 290f of this title within provisions of this section.
      1967 - Subsec. (d)(2)(B). Pub. L. 90-137 struck out "of
    assistance" after "programs" in two places.
      1966 - Subsec. (d)(8). Pub. L. 89-583 added par. (8).
      1965 - Subsec. (b). Pub. L. 89-171, Sec. 302(b)(1), struck out
    "paragraph (3) of" before "subsection (a) of this section" the
    second time it appears and substituted "of one or more of said
    officers" for "of the officers provided for in paragraphs (1) and
    (2) of that subsection".
      Subsec. (d)(2)(A), (5), (7). Pub. L. 89-171, Sec. 302(b)(2),
    substituted "the Latin American Development Act, as amended" for
    "Public Law 86-735".
      1964 - Subsec. (a). Pub. L. 88-426, Sec. 305(42), repealed
    provisions which related to the appointment of an Under Secretary,
    Deputy Under Secretary and ten Assistant Secretaries and prescribed
    their rates of compensation.
      Subsec. (d)(1). Pub. L. 88-426, Sec. 305(33), repealed provisions
    which prescribed the compensation of the Inspector General, Deputy
    Inspector General and Assistant Inspector Generals. See section
    5315 of Title 5, Government Organization and Employees.
      1963 - Subsecs. (a)(2), (3). Pub. L. 88-205, Sec. 302(b)(1), (2),
    reduced the number of Deputy Under Secretaries from two to one in
    par. (2), and increased the number of Assistant Secretaries from 9
    to 10 in par. (3).
      Subsec. (b). Pub. L. 88-205, Sec. 302(b)(3), made conforming
    changes in language to reflect that only one Deputy Under Secretary
    may now be appointed.
      Subsec. (d)(1). Pub. L. 88-205, Sec. 302(b)(4), inserted "who
    shall be appointed by the President by and with the advice and
    consent of the Senate," and increased the salary of the Deputy
    Inspector General, Foreign Assistance, from $19,500 to $20,000.
      1962 - Subsecs. (d), (e). Pub. L. 87-565 redesignated subsec. (e)
    as (d), inserted ", and programs being conducted by United States
    Government Agencies under sections 1942 to 1945 of this title," in
    par. 2(A), and ", and sections 1942 to 1945 of this title," in
    pars. (5) and (7), and repealed former subsec. (d) which related to
    the temporary continuation of certain statutory positions.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 124(c) of Pub. L. 95-88 provided that: "The amendments
    made by this section [amending this section and section 5315 of
    Title 5, Government Organization and Employees, and enacting
    provisions set out as a note under this section] shall take effect
    on July 1, 1978."

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-426 effective on first day of first pay
    period which begins on or after July 1, 1964, except to the extent
    provided in section 501(c) of Pub. L. 88-426, see section 501 of
    Pub. L. 88-426.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
         ASSUMPTION OF DUTIES BY COORDINATOR FOR HUMAN RIGHTS AND
                           HUMANITARIAN AFFAIRS
      Section 109(a)(6) of Pub. L. 95-105 provided that: "The
    individual holding the position of Coordinator for Human Rights and
    Humanitarian Affairs on the date of enactment of this section [Aug.
    17, 1977] shall assume the duties of the Assistant Secretary of
    State for Human Rights and Humanitarian Affairs and shall not be
    required to be reappointed by reason of the enactment of this
    section."

      REPORT TO SPEAKER OF THE HOUSE AND CONGRESSIONAL COMMITTEES ON
      OFFICE OF ASSISTANT SECRETARY FOR HUMAN RIGHTS AND HUMANITARIAN
                                  AFFAIRS
      Section 109(a)(7) of Pub. L. 95-105, which required the Secretary
    of State, not later than Jan. 31, 1978, to transmit to the Speaker
    of the House of Representatives and the chairmen of the Senate
    Committee on Foreign Relations and the Senate Committee on the
    Judiciary a comprehensive report on the Office of the Assistant
    Secretary for Human Rights and Humanitarian Affairs, including its
    current mandate and operations, the mandate and operations of its
    predecessor offices, and proposals for the reorganization of the
    Department of State that would strengthen human rights and
    humanitarian considerations in the conduct of United States foreign
    policy and promote the ability of the United States to participate
    effectively in international humanitarian efforts, was repealed by
    Pub. L. 97-241, title V, Sec. 505(a)(3), Aug. 24, 1982, 96 Stat.
    299, and Pub. L. 98-164, title X, Sec. 1011(a)(5), Nov. 22, 1983,
    97 Stat. 1061.

      ASSIGNMENT OF DUTIES AND RESPONSIBILITIES TO INSPECTOR GENERAL,
                              FOREIGN SERVICE
      Section 124(a)(2) of Pub. L. 95-88, which provided that the
    President (A) may assign to the Inspector General, Foreign Service,
    any of the duties and responsibilities vested by such section
    624(d) [subsec. (d) of this section] in the Inspector General,
    Foreign Assistance, and (B) may authorize the Inspector General,
    Foreign Service, to exercise such of the authorities granted by
    such section 624(d) [subsec. (d) of this section] to the Inspector
    General, Foreign Assistance, as the President determines are
    necessary to carry out any duties or responsibilities so assigned,
    was repealed by Pub. L. 96-465, title II, Sec. 2205(11), Oct. 17,
    1980, 94 Stat. 2160. See section 3929 of this title.

                   AGENCY FOR INTERNATIONAL DEVELOPMENT               
      For appointments under subsec. (a) to United States Agency for
    International Development, see section 1-200(b) and (c) of Ex. Ord.
    No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a
    note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2385                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2385. Employment of personnel

-STATUTE-
    (a) Authorization
      Any agency or officer of the United States Government carrying
    out functions under this chapter is authorized to employ such
    personnel as the President deems necessary to carry out the
    provisions and purposes of this chapter.
    (b) Appointments excepted from civil-service laws; supergrade
      positions; reinstatement
      Of the personnel employed in the United States to carry out
    subchapter I of this chapter or coordinate subchapter I and
    subchapter II of this chapter, not to exceed one hundred and ten
    may be appointed, compensated, or removed without regard to the
    provisions of any law, of whom not to exceed fifty-one may be
    compensated at rates higher than those provided for grade 15 of the
    general schedule established by section 5332 of title 5, but not in
    excess of the highest rate of grade 18 of such general schedule:
    Provided, That, under such regulations as the President shall
    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, 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
    authorized by law to be filled by Presidential appointment, and in
    addition to the number authorized by section 5108 of title 5.
    (c) Additional supergrade positions
      Of the personnel employed in the United States to carry out
    subchapter II of this chapter, or any Act superseding subchapter II
    of this chapter in whole or in part, not to exceed eight may be
    compensated at rates higher than those provided for grade 15 of the
    general schedule established by section 5332 of title 5, but not in
    excess of the highest rate of grade 18 of such general schedule.
    Such positions shall be in addition to those authorized by law to
    be filled by Presidential appointment, and in addition to the
    number authorized by section 5108 of title 5.
    (d) Employment or assignment of officers and employees to perform
      functions outside United States
      For the purpose of performing functions under this chapter
    outside the United States, the President may employ or assign
    individuals, or may authorize the employment or assignment of
    officers or employees by agencies of the United States Government
    which are not authorized to utilize the Foreign Service personnel
    system, who shall receive compensation at any of the rates provided
    for under section 402 or section 403 of the Foreign Service Act of
    1980 [22 U.S.C. 3962, 3963], or under chapter 53 of title 5, or at
    any other rate authorized by law, together with allowances and
    benefits under the Foreign Service Act of 1980 [22 U.S.C. 3901 et
    seq.]. Individuals so employed or assigned shall be entitled,
    except to the extent that the President may specify otherwise in
    cases in which the period of employment or assignment exceeds
    thirty months, to the same benefits as are provided by section 310
    of that Act [22 U.S.C. 3950] for individuals appointed to the
    Foreign Service.
    (e) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17,
      1980, 94 Stat. 2160
    (f) Funds for personnel services
      Funds provided for in agreements with foreign countries for the
    furnishing of services under this chapter with respect to specific
    projects shall be deemed to be obligated for the services of
    personnel employed by agencies of the United States Government
    (other than the agencies primarily responsible for administering
    subchapter I or II of this chapter) as well as personnel not
    employed by the United States Government.
    (g) Repealed. Pub. L. 96-465, title II, Sec. 2205(8), Oct. 17,
      1980, 94 Stat. 2160
    (h) Acceptance of compensation or other benefits from foreign
      countries; arrangements for reimbursement
      Notwithstanding any other provision of law, officers and
    employees of the United States Government performing functions
    under this chapter shall not accept from any foreign country any
    compensation or other benefits. Arrangements may be made by the
    President with such countries for reimbursement to the United
    States Government or other sharing of the cost of performing such
    functions.
    (i) Assignment based on competency
      To the maximum extent practicable officers and employees
    performing functions under this chapter abroad shall be assigned to
    countries and positions for which they have special competence,
    such as appropriate language and practical experience.
    (j) Reemployment of annuitants under the Civil Service Retirement
      System and the Federal Employees' Retirement System
      (1)(A) To facilitate the assignment of persons to Iraq and
    Afghanistan or to posts vacated by members of the Service assigned
    to Iraq and Afghanistan, the Administrator of the United States
    Agency for International Development may waive the application of
    the provisions of section 8344 or 8468 of title 5 on a case-by-case
    basis for employment of an annuitant in a position in the United
    States Agency for International Development for which there is
    exceptional difficulty in recruiting or retaining a qualified
    employee, or when a temporary emergency hiring need exists.
      (B) The authority of the Administrator under subparagraph (A)
    shall terminate on October 1, 2008. An annuitant reemployed
    pursuant to such authority prior to such termination date may be
    employed for a period ending not later than one year after such
    date.
      (2) The Administrator should prescribe procedures for the
    exercise of any authority under this subsection, including criteria
    for any exercise of authority and procedures for a delegation of
    authority.
      (3) An employee for whom a waiver under this section is in effect
    shall not be considered an employee for purposes of subchapter III
    of chapter 83, or chapter 84 of title 5.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 625, Sept. 4, 1961, 75 Stat. 449;
    Pub. L. 87-565, pt. III, Sec. 302(c), Aug. 1, 1962, 76 Stat. 262;
    Pub. L. 87-793, Sec. 1001(k), Oct. 11, 1962, 76 Stat. 865; Pub. L.
    88-663, pt. III, Sec. 302(a), Oct. 7, 1964, 78 Stat. 1014; Pub. L.
    89-171, pt. III, Sec. 302(c), Sept. 6, 1965, 79 Stat. 660; Pub. L.
    90-137, pt. III, Sec. 302(b)-(d), Nov. 14, 1967, 81 Stat. 460; Pub.
    L. 90-554, title III, Sec. 302(c), Oct. 8, 1968, 82 Stat. 965; Pub.
    L. 93-189, Sec. 16, Dec. 17, 1973, 87 Stat. 722; Pub. L. 95-88,
    title I, Sec. 125, Aug. 3, 1977, 91 Stat. 542; Pub. L. 96-465,
    title II, Secs. 2203(a), 2205(8), Oct. 17, 1980, 94 Stat. 2158,
    2160; Pub. L. 97-113, title VII, Sec. 703, Dec. 29, 1981, 95 Stat.
    1544; Pub. L. 109-234, title I, Sec. 1602(b)(2), June 15, 2006, 120
    Stat. 442.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (d), (f), (h), and
    (i), was in the original "this Act", meaning Pub. L. 87-195, Sept.
    4, 1961, 75 Stat. 424, as amended, known as the Foreign Assistance
    Act of 1961. For complete classification of this Act to the Code,
    see Short Title note set out under section 2151 of this title and
    Tables.
      The Foreign Service Act of 1980, referred to in subsec. (d), is
    Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is classified
    principally to chapter 52 (Sec. 3901 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3901 of this title and Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
     SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
                                SUCH PARTS
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (j). Pub. L. 109-234 added subsec. (j).
      1981 - Subsec. (d). Pub. L. 97-113 substituted "or under chapter
    53 of title 5, or at any other rate authorized by law, together
    with allowances and benefits under the Foreign Service Act of 1980"
    for "together with allowances and benefits under that Act".
      1980 - Subsec. (d). Pub. L. 96-465, Sec. 2203(a), substituted
    references to the Foreign Service Act of 1980, for references to
    the Foreign Service Act of 1946, and struck out provisions relating
    to the applicability of section 1005 of the Foreign Service Act of
    1946 and relating to the utilization of Presidential authority
    under the Foreign Service Act of 1946 to carry out the functions of
    this chapter.
      Subsec. (e). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (e)
    which set forth requirement of standards or other criteria for
    maintenance of adequate performance levels for personnel. See
    sections 4007 and 4008 of this title.
      Subsec. (g). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (g)
    which related to competency in foreign languages. See section 4022
    of this title.
      Subsec. (j). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (j)
    which related to appointment and compensation of an Inter-American
    Committee representative.
      Subsec. (k). Pub. L. 96-465, Sec. 2205(8), struck out subsec. (k)
    which related to applicability, etc., of Foreign Service Retirement
    and Disability System. See sections 3922 and 4043 of this title.
      1977 - Subsec. (d)(2). Pub. L. 95-88 struck out a numerical
    limitation of fifty on the number of persons which the President
    may assign, at any one time, to duty within the United States for
    the purpose of preparation for assignments outside the United
    States.
      1973 - Subsec. (k). Pub. L. 93-189 added subsec. (k).
      1968 - Subsec. (c). Pub. L. 90-554 inserted "or any Act
    superseding subchapter II of this chapter in whole or in part"
    after "to carry out subchapter II of this chapter".
      1967 - Subsecs. (b), (c). Pub. L. 90-137, Sec. 302(b), (c),
    substituted references to section 5332 of title 5 for former
    references to the Classification Act of 1949, as amended, and to
    section 5108 for former section 1105 of title 5.
      Subsec. (d)(2). Pub. L. 90-137, Sec. 302(d), authorized an
    increase in the assignment of foreign personnel from forty to fifty
    persons.
      1965 - Subsec. (d)(2). Pub. L. 89-171 substituted "forty" for
    "twenty".
      1964 - Subsec. (d)(2). Pub. L. 88-633, Sec. 302(a)(1),
    substituted "the assignment to such duty of more than twenty
    persons at any one time" for "more than thirty persons in the
    aggregate".
      Subsec. (j). Pub. L. 88-633, Sec. 302(a)(2), added subsec. (j).
      1962 - Subsec. (b). Pub. L. 87-793, Sec. 1001(k)(1), substituted
    "but not in excess of the highest rate of grade 18 of such general
    schedule" for "and of these, not to exceed eight may be compensated
    at a rate in excess of the highest rate provided for grades of such
    general schedule but not in excess of $19,000 per year".
      Pub. L. 87-565, Sec. 302(c)(1), substituted "one hundred and ten"
    for "seventy-six".
      Subsec. (c). Pub. L. 87-793, Sec. 1001(k)(2), substituted "but
    not in excess of the highest rate of grade 18 of such general
    schedule" for "and of these, not to exceed three may be compensated
    at a rate in excess of the highest rate provided for grades of such
    general schedule but not in excess of $19,000 per year".
      Subsec. (d)(2). Pub. L. 87-565, Sec. 302(c)(2), authorized the
    President to initially assign personnel, not exceeding 30 persons
    in the aggregate, for duty within the United States for a period
    not exceeding two years for preparation for duty outside the United
    States.
      Subsec. (f). Pub. L. 87-565, Sec. 302(c)(3), inserted "with
    respect to specific projects", and "agencies of", and excluded
    services of employees of agencies primarily responsible for
    administering subchapter I or II of this chapter from the purview
    of this subsection.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment of subsec. (d) and repeal of subsecs. (e), (g), and (j)
    by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise
    provided, see section 2403 of Pub. L. 96-465, set out as an
    Effective Date note under section 3901 of this title.
      Repeal of subsec. (k) by Pub. L. 96-465 effective Oct. 17, 1980,
    see section 2403(d)(1) of Pub. L. 96-465.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-793 effective on first day of first pay
    period which begins on or after Oct. 11, 1962, see section 1008 of
    Pub. L. 87-793.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

       ENTITLEMENT TO BENEFITS FOR SERVICES PERFORMED OUTSIDE UNITED
                  STATES; SERVICE EXCEEDING THIRTY MONTHS
      Persons appointed, employed, or assigned after May 19, 1959,
    under former section 1787(c) of this title or subsec. (d) of this
    section for the purpose of performing functions under the Mutual
    Security Act of 1954 (see Short Title note set out under section
    1754 of this title) and this chapter, outside the United States,
    shall not, unless otherwise agreed by the agency in which such
    benefits may be exercised, be entitled to the benefits provided for
    by section 3950 of this title in cases in which their service under
    the appointment, employment, or assignment exceeds thirty months,
    see Ex. Ord. No. 12163, Sec. 1-602(b), Sept. 29, 1979, 44 F.R.
    56677, as amended, set out as a note under section 2381 of this
    title.

-End-



-CITE-
    22 USC Sec. 2385a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2385a. Unified personnel system

-STATUTE-
    (a) Establishment by regulations
      Not later than May 1, 1979, the President shall submit to the
    Congress, and publish in the Federal Register, regulations
    establishing a unified personnel system for all employees of the
    agency primarily responsible for administering part I of the
    Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.]. In
    preparing such regulations, the President shall keep the
    appropriate committees of the Congress fully and currently
    informed, and shall consult with them on a regular basis,
    concerning the nature of the unified personnel system to be
    established.
    (b) Effective date of regulations
      The regulations submitted to the Congress pursuant to subsection
    (a) - 
        (1) may not become effective until after the end of the 90-day
      period beginning on the date of such submission in order to
      provide the appropriate committees of the Congress an opportunity
      to review them; and
        (2) shall not become effective then if, during such 90-day
      period, either House of Congress adopts a resolution stating in
      substance that it disapproves the personnel system proposed to be
      established by the regulations.
    (c) Force and effect of regulations
      Regulations which take effect pursuant to this section shall have
    the force and effect of law and shall apply with respect to the
    personnel of the agency primarily responsible for administering
    part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et
    seq.], notwithstanding and (!1) inconsistent provision of law
    unless that provision of law specifically states that it supersedes
    regulations issued under this section.


-SOURCE-
    (Pub. L. 95-424, title IV, Sec. 401, Oct. 6, 1978, 92 Stat. 956;
    Pub. L. 96-53, title V, Sec. 503(a), Aug. 14, 1979, 93 Stat. 378.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsecs. (a)
    and (c), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended. Part I of the Foreign Assistance Act of 1961 is classified
    generally to subchapter I (Sec. 2151 et seq.) of this chapter. For
    provisions deeming references to subchapter I to include parts IV
    (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa
    et seq.) of subchapter II of this chapter, see section 202(b) of
    Pub. L. 92-228, set out as a note under section 2346 of this title,
    and sections 2348c and 2349aa-5 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section enacted as part of the International Development and Food
    Assistance Act of 1978, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (a). Pub. L. 96-53 substituted "May 1" for "March
    15".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 503(b) of Pub. L. 96-53 provided that: "The amendment
    made by subsection (a) [amending this section] shall be effective
    as of March 15, 1979."

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "any".


-End-



-CITE-
    22 USC Sec. 2386                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2386. Experts, consultants, and retired officers

-STATUTE-
    (a) Employment; compensation; renewal of contracts of employment
      Experts and consultants or organizations thereof may as
    authorized by section 3109 of title 5 be employed for the
    performance of functions under this chapter, and individuals so
    employed may be compensated at rates not in excess of the daily
    equivalent of the highest rate which may be paid to an employee
    under the General Schedule established by section 5332 of title 5,
    and while away from their homes or regular places of business, they
    may be paid actual travel expenses and per diem in lieu of
    subsistence at the applicable rate prescribed in the standardized
    Government travel regulations, as amended from time to time.
    Contracts for such employment with such organizations, employment
    of personnel as experts and consultants, not to exceed ten in
    number, contracts for such employment of retired military personnel
    with specialized research and development experience, not to exceed
    ten in number, and contracts for such employment of retired
    military personnel with specialized experience of a broad politico-
    military nature, not to exceed five in number, may be renewed
    annually.
    (b) Exemption from certain Federal laws
      Service of an individual as an expert or consultant under
    subsection (a) of this section shall not be considered as
    employment or holding of office or position bringing such
    individual within the provisions of section 3323(a) of title 5.
    (c) Employment without compensation of persons of outstanding
      experience and ability
      Persons of outstanding experience and ability may be employed
    without compensation by any agency of the United States Government
    for the performance of functions under this chapter in accordance
    with the provisions of section 2160(b) of Appendix to title 50, and
    regulations issued thereunder.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 626, Sept. 4, 1961, 75 Stat. 451;
    Pub. L. 88-205, pt. III, Sec. 302(c), Dec. 16, 1963, 77 Stat. 389;
    Pub. L. 88-448, title IV, Secs. 401(e), 402(a)(35), Aug. 19, 1964,
    78 Stat. 490, 495; Pub. L. 88-633, pt. III, Sec. 302(b), Oct. 7,
    1964, 78 Stat. 1014; Pub. L. 89-171, pt. III, Sec. 302(d), Sept. 6,
    1965, 79 Stat. 660; Pub. L. 90-137, pt. III, Sec. 302(e), Nov. 14,
    1967, 81 Stat. 460; Pub. L. 94-329, title VI, Sec. 603, June 30,
    1976, 90 Stat. 766; Pub. L. 95-88, title I, Sec. 126, Aug. 3, 1977,
    91 Stat. 542.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (c), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-88 struck out provisions under
    which service of an individual as an expert or consultant under
    subsec. (a) would not be considered employment as would bring a
    person under section 8344 of title 5, section 1112 of this title,
    and any other law limiting the reemployment of retired officers or
    employees or governing the simultaneous receipt of compensation and
    retired pay or annuities subject to section 5532 of title 5.
      1976 - Subsec. (a). Pub. L. 94-329 substituted "the daily
    equivalent of the highest rate which may be paid to an employee
    under the General Schedule established by section 5332 of title 5"
    for "$100 per diem".
      1967 - Subsec. (a). Pub. L. 90-137, Sec. 302(e)(1), substituted
    reference to section 3109 for former section 55a of title 5.
      Subsec. (b). Pub. L. 90-137, Sec. 302(e)(2), substituted
    references to sections 3323(a) and 8344 of title 5 for former
    section 2263 of title 5 and to section 5532 of title 5 for former
    section 3102 of title 5.
      1965 - Subsecs. (c), (d). Pub. L. 89-171 redesignated subsec. (d)
    as (c). Former subsec. (c) was repealed by Pub. L. 88-448, title
    IV, Sec. 402(a)(35), Aug. 19, 1964, 78 Stat. 495.
      1964 - Subsec. (a). Pub. L. 88-633, Sec. 302(b)(1), increased
    compensation limits from $75 to $100 per diem.
      Subsec. (b). Pub. L. 88-448, Sec. 401(e), struck out provisions
    which stated that service as an expert or consultant under
    subsection (a) of this section shall not be considered as
    employment or holding of office or position bringing such
    individual within the provisions of section 59a of title 5, and
    inserted ", subject to section 3102 of title 5".
      Subsec. (c). Pub. L. 88-448, Sec. 402(a)(35), repealed subsec.
    (c) which related to compensation of retired officers.
      Pub. L. 88-633, Sec. 302(b)(2), substituted "section 101(3) of
    Title 37" for "Career Compensation Act of 1949, as amended," in
    subsec. (c) subsequent to the repeal of such subsection by Pub. L.
    88-448.
      1963 - Subsec. (b). Pub. L. 88-205 substituted "Service of an
    individual as an expert or consultant under subsection (a) of this
    section shall not" for "Nor shall such service", and struck out
    provisions exempting individuals serving under subsec. (a) of this
    section from coverage of sections 281, 283, or 284 of title 18,
    section 99 of title 5, or any Federal law imposing restrictions,
    requirements, or penalties in connection with claims or matters
    involving the U.S. Government, except insofar as such provisions
    prohibited such individuals from receiving compensation in respect
    of any matter in which such individual was directly involved in the
    performance of such service.

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-448 effective on first day of first month
    which begins later than ninetieth day following Aug. 19, 1964, see
    section 403 of Pub. L. 88-448.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-



-CITE-
    22 USC Sec. 2387                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2387. Detail of personnel to foreign governments

-STATUTE-
      Whenever the President determines it to be in furtherance of the
    purposes of this chapter, the head of any agency of the United
    States Government is authorized to detail or assign any officer or
    employee of his agency to any office or position with any foreign
    government or foreign government agency, where acceptance of such
    office or position does not involve the taking of an oath of
    allegiance to another government or the acceptance of compensation
    or other benefits from any foreign country by such officer or
    employee.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 627, Sept. 4, 1961, 75 Stat. 452.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2388                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2388. Detail of personnel to international organizations

-STATUTE-
      Whenever the President determines it to be consistent with and in
    furtherance of the purposes of this chapter, the head of any agency
    of the United States Government is authorized to detail, assign, or
    otherwise make available to any international organization any
    officer or employee of his agency to serve with, or as a member of,
    the international staff of such organization, or to render any
    technical, scientific, or professional advice or service to, or in
    cooperation with, such organization.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 628, Sept. 4, 1961, 75 Stat. 452.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2389                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2389. Status and benefits of personnel assigned or detailed to
      foreign governments or international organizations

-STATUTE-
    (a) Allowances, privileges, rights, seniority, and other benefits
      Any officer or employee, while assigned or detailed under section
    2387 or 2388 of this title shall be considered, for the purpose of
    preserving his allowances, privileges, rights, seniority, and other
    benefits as such, an officer or employee of the United States
    Government and of the agency of the United States Government from
    which detailed or assigned, and he shall continue to receive
    compensation, allowances, and benefits from funds appropriated to
    that agency or made available to that agency under this chapter.
    (b) Representation allowances
      Any officer or employee assigned, detailed, or appointed under
    section 2387, 2388, 2391, or 2384(d) (!1) of this title is
    authorized to receive under such regulations as the President may
    prescribe, representation allowances similar to those allowed under
    section 4085 of this title. The authorization of such allowances
    and other benefits and the payment thereof out of any
    appropriations available therefor shall be considered as meeting
    all the requirements of section 5536 of title 5.


-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 629, Sept. 4, 1961, 75 Stat. 452;
    Pub. L. 87-565, pt. III, Sec. 302(d), Aug. 1, 1962, 76 Stat. 262;
    Pub. L. 90-137, pt. III, Sec. 302(f), Nov. 14, 1967, 81 Stat. 460;
    Pub. L. 96-465, title II, Sec. 2203(b), Oct. 17, 1980, 94 Stat.
    2159.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      Section 2384(d) of this title, referred to in subsec. (b), was
    repealed by Pub. L. 95-88, title I, Sec. 124(a)(1), Aug. 3, 1977,
    91 Stat. 541.


-MISC1-
                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-465 substituted "section 4085 of
    this title" for "section 1131 of this title".
      1967 - Subsec. (b). Pub. L. 90-137 substituted reference to
    section 5536 of title 5 for former section 70 of title 5.
      1962 - Subsec. (b). Pub. L. 87-565 substituted "2384(d)" for
    "2384(e)".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
    otherwise provided, see section 2403 of Pub. L. 96-465, set out as
    an Effective Date note under section 3901 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2390                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2390. Terms of detail or assignment of personnel

-STATUTE-
      Details or assignments may be made under section 2387 or 2388 of
    this title or section 1928 of this title - 
        (1) without reimbursement to the United States Government by
      the foreign government or international organization;
        (2) upon agreement by the foreign government or international
      organization to reimburse the United States Government for
      compensation, travel expenses, benefits and allowances, or any
      part thereof, payable to the officer or employee concerned during
      the period of assignment or detail; and such reimbursements
      (including foreign currencies) shall be credited to the
      appropriation, fund, or account utilized for paying such
      compensation, travel expenses, benefits or allowances, or to the
      appropriation, fund, or account currently available for such
      purposes;
        (3) upon an advance of funds, property, or services by the
      foreign government or international organization to the United
      States Government accepted with the approval of the President for
      specified uses in furtherance of the purposes of this chapter;
      and funds so advanced may be established as a separate fund in
      the Treasury of the United States Government, to be available for
      the specified uses, and to be used for reimbursement of
      appropriations or direct expenditure subject to the provisions of
      this chapter, any unexpended balance of such account to be
      returned to the foreign government or international organization;
      or
        (4) subject to the receipt by the United States Government of a
      credit to be applied against the payment by the United States
      Government of its share of the expenses of the international
      organization to which the officer or employee is detailed or
      assigned, such credit to be based upon the compensation, travel
      expenses, benefits and allowances, or any part thereof, payable
      to such officer or employee during the period of detail or
      assignment in accordance with section 2389 of this title.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 630, Sept. 4, 1961, 75 Stat. 452;
    Pub. L. 89-171, pt. III, Sec. 302(e), Sept. 6, 1965, 79 Stat. 660.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (3), was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-171 inserted "benefits" in pars. (2) and (4).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2391                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2391. Missions and staffs abroad

-STATUTE-
    (a) Authorization
      The President may maintain special missions or staffs outside the
    United States in such countries and for such periods of time as may
    be necessary to carry out the purposes of this chapter. Each such
    special mission or staff shall be under the direction of a chief.
    (b) Appointment of mission chief and deputy; compensation
      The chief and his deputy of each special mission or staff
    carrying out the purposes of subchapter I of this chapter shall be
    appointed by the President, and may, notwithstanding any other law,
    be removed by the President at his discretion. Such chief shall be
    entitled to receive such compensation and allowances as are
    authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et
    seq.], not to exceed those authorized for a chief of mission (as
    defined in section 102(a)(3) (!1) of that Act [22 U.S.C.
    3902(a)(3)]), as the President shall determine to be appropriate.

    (c) Appointment of Chairman of Development Assistance Committee;
      compensation
      The President may appoint any United States citizen who is not an
    employee of the United States Government or may assign any United
    States citizen who is a United States Government employee to serve
    as Chairman of the Development Assistance Committee or any
    successor committee thereto of the Organization for Economic
    Cooperation and Development upon election thereto by members of
    said Committee, and, in his discretion, may terminate such
    appointment or assignment, notwithstanding any other provision of
    law. Such person may receive such compensation and allowances as
    are authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901
    et seq.], not to exceed those authorized for a chief of mission (as
    defined in section 102(a)(3) (!1) of that Act [22 U.S.C.
    3902(a)(3)]), as the President shall determine to be appropriate.
    Such person (if not a United States Government employee who is
    assigned to serve as Chairman) shall be deemed to be an employee of
    the United States Government for purposes of chapters 81, 83, 87,
    and 89 of title 5. Such person may also, in the President's
    discretion, receive any other benefits and perquisites available
    under this chapter to chiefs of special missions or staffs outside
    the United States established under this section.
    (d) Administration of assistance
      Wherever practicable, especially in the case of the smaller
    programs, assistance under subchapter I of this chapter shall be
    administered under the direction of the Chief of the United States
    Diplomatic Mission by the principal economic officer of the
    mission.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 631, Sept. 4, 1961, 75 Stat. 453;
    Pub. L. 88-205, pt. III, Sec. 302(d), Dec. 16, 1963, 77 Stat. 389;
    Pub. L. 89-171, pt. III, Sec. 302(f), Sept. 6, 1965, 79 Stat. 660;
    Pub. L. 95-92, Sec. 7(c), Aug. 4, 1977, 91 Stat. 617; Pub. L. 96-
    465, title II, Sec. 2203(c), (d), Oct. 17, 1980, 94 Stat. 2159.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (c), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Foreign Service Act of 1980, referred to in subsecs. (b) and
    (c), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,
    which is classified principally to chapter 52 (Sec. 3901 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 3901 of this title and
    Tables.
      Section 102(a)(3) of that Act, referred to in subsecs. (b) and
    (c), was redesignated section 102(3) pursuant to Pub. L. 98-164,
    which struck out designation "(a)" and struck out subsec. (b) of
    section 102.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1980 - Subsec. (b). Pub. L. 96-465, Sec. 2203(c), among other
    changes, substituted references to the Foreign Service Act of 1980
    for references to the Foreign Service Act of 1946 and section
    2385(d) of this title.
      Subsec. (c). Pub. L. 96-465, Sec. 2203(d), among other changes,
    substituted references to the Foreign Service Act of 1980, for
    references to the Foreign Service Act of 1946, and inserted
    provisions relating to employee status for purposes of chapters 81,
    83, 87 and 89 of title 5.
      1977 - Subsec. (d). Pub. L. 95-92 substituted reference to
    subchapter I of this chapter for reference to this chapter and
    struck out provisions requiring administration of assistance by the
    senior military officer of the mission for assistance under
    subchapter II of this chapter.
      1965 - Subsec. (d). Pub. L. 89-171 added subsec. (d).
      1963 - Subsec. (c). Pub. L. 88-205 added subsec. (c).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
    otherwise provided, see section 2403 of Pub. L. 96-465, set out as
    an Effective Date note under section 3901 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                         FLAG AND GENERAL OFFICERS                     
      Pub. L. 94-11, title I, Sec. 100, Mar. 26, 1975, 89 Stat. 20,
    provided in part that: "The total number of flag and general
    officers of the United States Armed Forces assigned or detailed to
    military assistance advisory groups, military missions, or similar
    organizations, or performing duties primarily with respect to the
    Military Assistance Program and the Foreign Military Sales Program
    shall not exceed twenty after May 1, 1975."

                      APPROVAL OF SECRETARY OF STATE                  
      The maintenance of special missions or staffs abroad, the fixing
    of ranks of chiefs thereof after the chiefs of United States
    diplomatic missions, and authorization of same compensation and
    allowances as chief of mission, as defined in section 3902(3) of
    this title, all under this section, shall be subject to approval of
    Secretary of State, see section 1-603 of Ex. Ord. No. 12163, Sept.
    29, 1979, 44 F.R. 56677, as amended, set out as a note under
    section 2381 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2392                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2392. Government agencies

-STATUTE-
    (a) Allocation and transfer of funds
      The President may allocate or transfer to any agency of the
    United States Government any part of any funds available for
    carrying out the purposes of this chapter, including any advance to
    the United States Government by any country or international
    organization for the procurement of commodities, defense articles,
    military education and training, or services (including defense
    services). Such funds shall be available for obligation and
    expenditure for the purposes for which authorized, in accordance
    with authority granted in this chapter or under authority governing
    the activities of the agencies of the United States Government to
    which such funds are allocated or transferred.
    (b) Utilization of services and facilities of other agencies
      Any officer of the United States Government carrying out
    functions under this chapter may utilize the services (including
    defense services) and facilities of, or procure commodities,
    defense articles, or military education and training from, any
    agency of the United States Government as the President shall
    direct, or with the consent of the head of such agency, and funds
    allocated pursuant to this subsection to any such agency may be
    established in separate appropriation accounts on the books of the
    Treasury.
    (c) Reimbursement for commodities, services, and facilities
      In the case of any commodity, service, or facility procured from
    any agency of the United States Government to carry out subchapter
    I of this chapter, reimbursement or payment shall be made to such
    agency from funds available to carry out such subchapter. Such
    reimbursement or payment shall be at replacement cost, or, if
    required by law, at actual cost, or, in the case of services
    procured from the Department of Defense to carry out part VIII of
    subchapter I of this chapter, the amount of the additional costs
    incurred by the Department of Defense in providing such services,
    or at any other price authorized by law and agreed to by the owning
    or disposing agency. The amount of any such reimbursement or
    payment shall be credited to current applicable appropriations,
    funds, or accounts, from which there may be procured replacements
    of similar commodities, services, or facilities, except that where
    such appropriations, funds, or accounts are not reimbursable except
    by reason of this subsection, and when the owning or disposing
    agency determines that such replacement is not necessary, any funds
    received in payment therefor shall be deposited into the Treasury
    as miscellaneous receipts.
    (d) Reimbursement for military assistance
      Except as otherwise provided in section 2318 of this title,
    reimbursement shall be made to any United States Government agency,
    from funds available for use under subchapter II of this chapter,
    for any assistance furnished under subchapter II of this chapter,
    from, by, or through such agency. Such reimbursement shall be in an
    amount equal to the value (as defined in section 2403(m) of this
    title) of the defense articles or of the defense services (other
    than salaries of members of the Armed Forces of the United States),
    or other assistance furnished, plus expenses arising from or
    incident to operations under subchapter II of this chapter (other
    than salaries of the Armed Forces of the United States and unfunded
    estimated costs of civilian retirement and other benefits). The
    amount of such reimbursement shall be credited to the current
    applicable appropriations, funds, or accounts of such agency.
    (e) Establishment of accounts
      In furnishing assistance under this chapter, accounts may be
    established on the books of any agency of the United States
    Government or, on terms and conditions approved by the Secretary of
    the Treasury, in banking institutions in the United States, (1)
    against which letters of commitment may be issued which shall
    constitute recordable obligations of the United States Government,
    and moneys due or to become due under such letters of commitment
    shall be assignable under the Assignment of Claims Act of 1940, as
    amended (second and third paragraphs of 31 U.S.C. 203 (!1) and 41
    U.S.C. 15), and (2) from which disbursements may be made to, or
    withdrawals may be made by, recipient countries or agencies,
    organizations, or persons upon presentation of contracts, invoices,
    or other appropriate documentation. Expenditure of funds which have
    been made available through accounts so established shall be
    accounted for on standard documentation required for expenditure of
    funds of the United States Government: Provided, That such
    expenditures for commodities, defense articles, military education
    and training, services (including defense services), or facilities
    procured outside the United States may be accounted for exclusively
    on such certification as may be prescribed in regulations approved
    by the Comptroller General of the United States.

    (f) Credits made by Export-Import Bank of the United States
      Credits made by the Export-Import Bank of the United States with
    funds allocated thereto under subsection (a) of this section or
    under section 1782(a) (!1) of this title, shall not be considered
    in determining whether the Bank has outstanding at any one time
    loans and guaranties to the extent of the limitation imposed by
    section 635e of title 12.
    (g) Charge of expenses to appropriation or account
      Any appropriation or account available to carry out provisions of
    subchapter I of this chapter may initially be charged in any fiscal
    year, within the limit of available funds, to finance expenses for
    which funds are available in other appropriations or accounts under
    subchapter I of this chapter: Provided, That as of the end of such
    fiscal year such expenses shall be finally charged to applicable
    appropriations or accounts with proper credit to the appropriations
    or accounts initially utilized for financing purposes: Provided
    further, That such final charge to applicable appropriations or
    accounts shall not be required in the case of expenses (other than
    those provided for under section 2397(a) of this title) incurred in
    furnishing assistance by the agency primarily responsible for
    administering subchapter I of this chapter where it is determined
    that the accounting costs of identifying the applicable
    appropriation or account to which such expenses should be charged
    would be disproportionate to the advantage to be gained.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 632, Sept. 4, 1961, 75 Stat. 453;
    Pub. L. 90-137, pt. III, Sec. 302(g), Nov. 14, 1967, 81 Stat. 460;
    Pub. L. 90-267, Sec. 1(a), Mar. 13, 1968, 82 Stat. 47; Pub. L. 90-
    629, ch. 4, Sec. 45(b)(3), Oct. 22, 1968, 82 Stat. 1327; Pub. L.
    94-329, title I, Sec. 106(b)(4), June 30, 1976, 90 Stat. 733; Pub.
    L. 100-690, title IV, Sec. 4506, Nov. 18, 1988, 102 Stat. 4286;
    Pub. L. 101-165, title IX, Sec. 9104(b)(2), Nov. 21, 1989, 103
    Stat. 1152.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (b), and (e), was in
    the original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Assignment of Claims Act of 1940, as amended, referred to in
    subsec. (e), is act Oct. 9, 1940, ch. 779, 54 Stat. 1029, as
    amended, which added the second and third pars. to section 203 of
    former Title 31, Money and Finance, and the second and third pars.
    to section 15 of Title 41, Public Contracts. Section 203 of former
    Title 31 was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982,
    96 Stat. 1068, and reenacted by the first section thereof as
    section 3727 of Title 31, Money and Finance. Such second and third
    pars. were restated in section 3727(b) (last sentence) and (c) of
    Title 31. The second and third pars. of section 15 of Title 41 were
    redesignated subsecs. (b) and (c), respectively, of that section by
    Pub. L. 103-355, title II, Sec. 2451, Oct. 13, 1994, 108 Stat.
    3324.
      Section 1782(a) of this title, referred to in subsec. (f), was
    repealed by Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961,
    75 Stat. 460.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
     SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
                                SUCH PARTS
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1989 - Subsec. (d). Pub. L. 101-165 inserted at end of second
    sentence "(other than salaries of the Armed Forces of the United
    States and unfunded estimated costs of civilian retirement and
    other benefits)".
      1988 - Subsec. (c). Pub. L. 100-690 inserted "or, in the case of
    services procured from the Department of Defense to carry out part
    VIII of subchapter I of this chapter, the amount of the additional
    costs incurred by the Department of Defense in providing such
    services," after "at actual cost,".
      1976 - Subsec. (a). Pub. L. 94-329, Sec. 106(b)(4)(A), inserted
    "military education and training" after "articles".
      Subsec. (b). Pub. L. 94-329, Sec. 106(b)(4)(B), substituted
    "defense articles, or military education and training" for "and
    defense articles".
      Subsec. (e). Pub. L. 94-329, Sec. 106(b)(4)(A), inserted
    "military education and training" after "articles".
      1968 - Subsec. (d). Pub. L. 90-629 struck out references to
    sections 2342 and 2343 of this title in the exception provision.
      1967 - Subsec. (d). Pub. L. 90-137 substituted reference to
    sections 2318, 2342, and 2343 for former reference to sections 2315
    and 2318 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      "Export-Import Bank of Washington" changed to "Export-Import Bank
    of the United States" in text to conform to such change in name in
    the Export-Import Bank Act of 1945, section 635 et seq. of Title
    12, Banks and Banking, provided for in section 1(a) of Pub. L. 90-
    267, Mar. 13, 1968, 82 Stat. 47.


-MISC2-
                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-629 effective July 1, 1968, see section
    41 of Pub. L. 90-629, set out as an Effective Date note under
    section 2751 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
               ACCOUNTING ADJUSTMENTS BETWEEN APPROPRIATIONS           
      Charge of expenses to appropriation or account not affected by
    provisions for accounting adjustments between appropriations, see
    section 3 of Pub. L. 89-473, June 29, 1966, 80 Stat. 221, set out
    as a note under section 628a of Title 31, Money and Finance.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2393                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2393. Waiver of certain laws

-STATUTE-
    (a) Contracts and expenditure of funds
      Whenever the President determines it to be in furtherance of the
    purposes of this chapter, the functions authorized under this
    chapter may be performed without regard to such provisions of law
    (other than the Renegotiation Act of 1951, as amended (50 U.S.C.
    App. 1211 et seq.) regulating the making, performance, amendment,
    or modification of contracts and the expenditure of funds of the
    United States Government as the President may specify.
    (b) Neutrality laws
      The functions authorized under subchapter II of this chapter may
    be performed without regard to such provisions as the President may
    specify of subchapter II of chapter 9 of this title.
    (c) Assignment of personnel
      Notwithstanding the provisions of sections 3544(b) and 8544(b)
    (!1) of title 10, personnel of the Department of Defense may be
    assigned or detailed to any civil office to carry out this chapter.


-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 633, Sept. 4, 1961, 75 Stat. 454.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Renegotiation Act of 1951, as amended, referred to in subsec.
    (a), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which
    was classified principally to section 1211 et seq. of Title 50,
    Appendix, War and National Defense, prior to its omission from the
    Code. See note preceding section 1211 of Title 50, Appendix.
      Sections 3544 and 8544 of title 10, referred to in subsec. (c),
    were repealed by Pub. L. 90-235, Sec. 4(a)(6), Jan. 2, 1968, 81
    Stat. 759.


-MISC1-
      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 (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 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 Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-EXEC-
                         EXECUTIVE ORDER NO. 10784                     
      Ex. Ord. No. 10784, Oct. 1, 1958, 23 F.R. 7691, as amended by Ex.
    Ord. No. 10845, Oct. 12, 1959, 24 F.R. 8317, which specified laws
    from which functions authorized by this chapter shall be exempt,
    was superseded by Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635,
    set out below.

                         EXECUTIVE ORDER NO. 10845                     
      Ex. Ord. No. 10845 of Oct. 12, 1959, setting out laws from which
    authorized functions were exempt, was superseded by Ex. Ord. No.
    11223, May 12, 1965, 30 F.R. 6635, set out below.

      EX. ORD. NO. 11223. SPECIFICATION OF LAWS FROM WHICH FUNCTIONS
                AUTHORIZED BY THIS CHAPTER SHALL BE EXEMPT
      Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, as amended by Ex.
    Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex. Ord. No. 12178,
    Dec. 10, 1979, 44 F.R. 71807; Ex. Ord. No. 13118, Sec. 10(10), Mar.
    31, 1999, 64 F.R. 16599, provided:
      By virtue of the authority vested in me by Section 633 of the
    Foreign Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C.
    2393), it is hereby determined that, to the extent hereinafter
    indicated, the performance of functions authorized by that Act, as
    amended, and any predecessor legislation, without regard to the
    laws specified in the numbered subdivisions of Sections 1 and 2 of
    this order and without regard to consideration as specified in
    Sections 3 and 4 of this order will further the purposes of the
    Foreign Assistance Act of 1961, as amended [this chapter]:
      Section 1. With respect to functions authorized by the Foreign
    Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and
    any predecessor legislation except those functions exercised by the
    Department of Defense under authority of Sections 621 and 623 of
    the Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383):
      (1) The Act of March 26, 1934, 48 Stat. 500, as amended (15
    U.S.C. 616a).
      (2) Section 3648 of the Revised Statutes, as amended, 60 Stat.
    809 (31 U.S.C. 529) [31 U.S.C. 3324].
      (3) Section 305 of the Federal Property and Administrative
    Services Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255).
      (4) Section 3709 of the Revised Statutes, as amended (41 U.S.C.
    5).
      (5) Section 3710 of the Revised Statutes (41 U.S.C. 8).
      (6) Section 2 of title III of the Act of March 3, 1933, 47 Stat.
    1520 (41 U.S.C. 10a).
      (7) Section 3735 of the Revised Statutes (41 U.S.C. 13).
      (8) Section 304(c) of the Federal Property and Administrative
    Services Act of 1949, as added by the Act of October 31, 1951, 65
    Stat. 700 (41 U.S.C. 254(c)), but only with respect to contracts
    entered into with foreign governments or agencies thereof for the
    rendering of services to the United States or an agency thereof
    within the continental limits of the United States.
      (9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat.
    2015 as amended (46 U.S.C. [App.] 1241(a)) [now 46 U.S.C. 55302].
      Sec. 2. With respect to purchases authorized to be made outside
    the limits of the United States or the District of Columbia under
    the Foreign Assistance Act of 1961, as amended [this chapter], and
    any predecessor legislation:
      (1) [Former] Section 2276(a) of title 10 of the United States
    Code.
      (2) Section 2313(b) of title 10 of the United States Code.
      (3) Section 304(c) of the Federal Property and Administrative
    Services Act of 1949, as added by the Act of October 31, 1951, 65
    Stat. 700 (41 U.S.C. 254(c)).
      (4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185
    (50 U.S.C. App. 643), as extended by the provisions of the Act of
    June 30, 1953, 67 Stat. 120.
      (5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50
    U.S.C. 1433(b)), but only with respect to contracts in which the
    inclusion of the clause required by Section 3(b), or the compliance
    with that clause, if included in a contract, is deemed by the
    executive or military department concerned to be impracticable.
      Sec. 3. With respect to cost-type contracts heretofore or
    hereafter made with non-profit institutions under which no fee is
    charged or paid, amendments and modifications of such contracts may
    be made with or without consideration and may be utilized to
    accomplish the same things as any original contract could have
    accomplished, irrespective of the time or circumstances of the
    making, or the form of the contract amended or modified, or of the
    amending or modifying contract and irrespective of rights which may
    have accrued under the contract or the amendments or modifications
    thereof.
      Sec. 4. With respect to contracts heretofore or hereafter made,
    other than those described in Section 3 of this order, amendments
    and modifications of such contracts may be made with or without
    consideration and may be utilized to accomplish the same things as
    any original contract could have accomplished, irrespective of the
    time or circumstances of the making, or the form of the contract
    amended or modified, or of the amending or modifying contract, and
    irrespective of rights which may have accrued under the contract or
    the amendments or modifications thereof, if the Secretary of State
    or the Administrator of the United States Agency for International
    Development (with respect to functions vested in or delegated to
    the Administrator) determines in each case that such action is
    necessary to protect the foreign policy interests of the United
    States.
      Sec. 5. Executive Order No. 10784 of October 1, 1958, and
    Executive Order No. 10845 of October 12, 1959, are hereby
    superseded.
      Sec. 6. I determine it to be in furtherance of the purposes of
    the Foreign Assistance Act of 1961, as amended [22 U.S.C. 2151 et
    seq.], and in the national security interest of the United States
    that the functions authorized by chapter 7 of Part II of that Act
    [22 U.S.C. 2349 et seq.], relating to air base construction in
    Israel, be performed without regard to the following additional
    specified provisions of law:
      (1) Title IX of the Federal Property and Administration Services
    Act of 1949, as amended (40 U.S.C. 541-544) [now 40 U.S.C. 1101-
    1104];
      (2) Section 612 of the Military Construction Authorization Act,
    1967, as amended (31 U.S.C. 723a) [10 U.S.C. 2661a(b)];
      (3) Section 719 of the Defense Production Act of 1950, as amended
    (50 U.S.C. App. 2168); and
      (4) Section 111 of the Federal Property and Administrative
    Services Act of 1949, as amended ([former] 40 U.S.C. 759).

    DETERMINATION UNDER THIS SECTION WAIVING REQUIREMENTS WITH RESPECT
            TO CLOSE OUT OF PRIOR YEAR APPROPRIATIONS ACCOUNTS
      Determination of President of the United States, No. 91-21, Feb.
    27, 1991, 56 F.R. 10771, provided:
      Memorandum for the Secretary of State
      Pursuant to the authority vested in me by section 633(a) of the
    Foreign Assistance Act of 1961, as amended (the "Act"), 22 U.S.C.
    2393(a), I hereby determine it to be in furtherance of the purposes
    of the Act [22 U.S.C. 2151 et seq.] that the functions authorized
    by the Act be performed without regard to section 1405 of the
    National Defense Authorization Act for Fiscal Year 1991 (Public Law
    101-510) [amending sections 1551 to 1557 of Title 31, Money and
    Finance, repealing section 2782 of Title 10, Armed Forces, and
    enacting provisions set out as a note under section 1551 of Title
    31], and amendments contained therein.
      This determination shall apply only to funds appropriated to
    carry out the provisions of the Act that were appropriated for
    fiscal year 1984 and for prior fiscal years, and shall suspend the
    application of the provisions of section 1405 of the National
    Defense Authorization Act for Fiscal Year 1991, and amendments
    contained therein, through September 30, 1992.
      You are authorized and directed to publish this determination in
    the Federal Register.
                                                            George Bush.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2393a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2393a. Requests by Government Accountability Office and
      Congressional committees for documents and materials

-STATUTE-
      None of the funds made available pursuant to the provisions of
    this chapter shall be used to carry out any provision of this
    chapter in any country or with respect to any project or activity,
    after the expiration of the thirty-five-day period which begins on
    the date the Government Accountability Office or any committee of
    the Congress charged with considering legislation, appropriations
    or expenditures under this chapter, has delivered to the office of
    the head of any agency carrying out such provision, a written
    request that it be furnished any document, paper, communication,
    audit, review, finding, recommendation, report, or other material
    in its custody or control relating to the administration of such
    provision in such country or with respect to such project or
    activity, unless and until there has been furnished to the
    Government Accountability Office, or to such committee, as the case
    may be, (1) the document, paper, communication, audit, review,
    finding, recommendation, report, or other material so requested, or
    (2) a certification by the President that he has forbidden the
    furnishing thereof pursuant to request and his reason for so doing.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 633A, as added Pub. L. 95-424, title
    V, Sec. 502(a)(1), Oct. 6, 1978, 92 Stat. 957; amended Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      This section was formerly classified to subsec. (c) of section
    2394 of this title prior to the complete revision of section 2394
    of this title by Pub. L. 95-424, title V, Sec. 502(a)(2), Oct. 6,
    1978, 92 Stat. 957.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office" in two places.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2394                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2394. Reports and information; definitions

-STATUTE-
    (a) Annual report to Congress on programs having impact on
      developing countries; contents
      In order that the Congress and the American people may be better
    and more currently informed regarding American foreign policy and
    the effectiveness of assistance provided by the United States
    Government to other countries and to international organizations,
    the Chairman of the Development Coordination Committee shall
    prepare and transmit to the Congress, no later than February 1 of
    each year, as a part of the annual presentation materials for
    foreign assistance, a report as described in this subsection. This
    report shall include - 
        (1)(A) a comprehensive and coordinated review of all United
      States policies and programs having a major impact on the
      development of developing countries, including but not limited to
      bilateral and multilateral assistance, trade, debt, employment,
      food, energy, technology, population, oceans, environment, human
      settlements, natural resources, and participation in
      international agencies concerned with development;
        (B) an assessment of the impact of such policies and programs
      on the well-being of the poor majority in developing countries in
      accordance with the policy objectives of part I of subchapter I
      of this chapter, including increasing life expectancy and
      literacy, lowering infant mortality and birth rates, and
      increasing food production and employment, such assessment to
      include an evaluation of the extent to which programs under part
      I of subchapter I of this chapter directly benefit the poor
      majority; and
        (C) an assessment of the impact of such policies and programs
      on economic conditions in the United States, including but not
      limited to employment, wages, and working conditions;
        (2) the dollar value of all foreign assistance and guaranties
      by category and by country provided or made by the United States
      Government by any means to all foreign countries and
      international organizations - 
          (A) from 1946 to the fiscal year immediately preceding the
        fiscal year for which the report is required;
          (B) as presented to Congress for the immediate preceding
        fiscal year;
          (C) as obligated during the immediately preceding fiscal
        year;
          (D) as planned for the fiscal year in which the report is
        presented;
          (E) as proposed for the fiscal year following the year in
        which the report is presented; and
          (F) of any contract in excess of $100,000 administered by the
        Agency for International Development which was entered into in
        the preceding fiscal year without competitive selection
        procedures, and the reasons for doing so;

        (3) a summary of repayments, by country, to the United States
      from previous foreign assistance loans;
        (4) the status of each sale of agricultural commodities on
      credit terms theretofore made under the Agricultural Trade
      Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.]
      with respect to which there remains outstanding any unpaid
      obligation; and the status of each transaction with respect to
      which a loan, contract or guarantee of insurance, or extension of
      credit (or participation therein) was theretofore made under the
      Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] with
      respect to which there remains outstanding any unpaid obligation
      or potential liability; except that such report shall include
      individually only any loan, contract, sale, extension of credit,
      or other transactions listed in this paragraph which is in excess
      of $1,000,000;
        (5)(A) the status of the debt servicing capacity of each
      country receiving assistance under this chapter;
        (B) all forms of debt relief granted by the United States with
      respect to such countries, together with a detailed statement of
      the specific debt relief granted with respect to each such
      country and the purpose for which it was granted; and
        (C) a summary of the net aid flow from the United States to
      such countries, taking into consideration the debt relief granted
      by the United States;
        (6) the dollar value of all official development assistance,
      security assistance, international disaster assistance, refugee
      assistance, and international narcotics control assistance
      provided by each government of a country which is a member of the
      Organization for Economic Cooperation and Development or of the
      Organization of Petroleum Exporting Countries;
        (7) the percentage which each type of assistance described in
      paragraph (6) represents of (A) the gross national product of
      each country referred to in paragraph (6), and (B) the budget of
      the government of such country, as well as the per capita
      contribution for each country for each type of assistance
      described in paragraph (6);
        (8) the amount of all foreign currencies acquired without
      payment of dollars on hand of each foreign country as of
      September 30 of the preceding fiscal year;
        (9) the Development Coordination Committee's operations
      pursuant to section 2399c(f) of this title;
        (10) the aggregate dollar value and quantity of grant military
      assistance, military education and training, and any other
      defense articles and services furnished under this chapter by the
      United States to each foreign country and international
      organization for the preceding fiscal year;
        (11) information concerning the activities of the Minority
      Resource Center during the preceding fiscal year; and
        (12) other information appropriate to the conduct of the
      foreign assistance program of the United States Government.
    (b) "Foreign assistance" and "provided by the United States
      Government" defined
      For purposes of this section - 
        (1) "foreign assistance" means any tangible or intangible item
      provided by the United States Government to a foreign country or
      international organization under this chapter or any other Act,
      including but not limited to any training, service, or technical
      advice, any item of real, personal, or mixed property, any
      agricultural commodity, United States dollars, and any currencies
      of any foreign country which are owned by the United States
      Government; and
        (2) "provided by the United States Government" includes, but is
      not limited to, foreign assistance provided by means of gift,
      loan, sale, credit, or guaranty.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 634, Sept. 4, 1961, 75 Stat. 455;
    Pub. L. 87-565, pt. III, Sec. 302(e), (f), Aug. 1, 1962, 76 Stat.
    262; Pub. L. 89-583, pt. III, Sec. 302(c), Sept. 19, 1966, 80 Stat.
    807; Pub. L. 90-137, pt. III, Sec. 302(h), Nov. 14, 1967, 81 Stat.
    460; Pub. L. 90-629, ch. 4, Sec. 45(a), (b)(4), Oct. 22, 1968, 82
    Stat. 1327; Pub. L. 91-175, pt. III, Sec. 305, Dec. 30, 1969, 83
    Stat. 821; Pub. L. 92-226, pt. III, Sec. 304(a)(3), (c)(2), Feb. 7,
    1972, 86 Stat. 28, 32; Pub. L. 93-189, Sec. 17, Dec. 17, 1973, 87
    Stat. 724; Pub. L. 93-559, Sec. 14, Dec. 30, 1974, 88 Stat. 1799;
    Pub. L. 94-273, Sec. 6(1), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-
    329, title II, Sec. 209(b), June 30, 1976, 90 Stat. 739; Pub. L.
    95-424, title V, Sec. 502(a)(1), (2), Oct. 6, 1978, 92 Stat. 957;
    Pub. L. 96-533, title VII, Sec. 707, Dec. 16, 1980, 94 Stat. 3159;
    Pub. L. 97-113, title VII, Sec. 733, Dec. 29, 1981, 95 Stat. 1559;
    Pub. L. 99-83, title III, Sec. 312(b), Aug. 8, 1985, 99 Stat. 216.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (a)(4), is act July 10, 1954, ch. 469, 68
    Stat. 454, as amended, which is classified principally to chapter
    41 (Sec. 1691 et seq.) of Title 7, Agriculture. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1691 of Title 7 and Tables.
      The Export-Import Bank Act of 1945, referred to in subsec.
    (a)(4), is act July 31, 1945, ch. 341, 59 Stat. 526, as amended,
    which is classified generally to subchapter I (Sec. 635 et seq.) of
    chapter 6A of Title 12, Banks and Banking. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 635 of Title 12 and Tables.
      This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1),
    was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,
    1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act
    of 1961. For complete classification of this Act to the Code, see
    Short Title note set out under section 2151 of this title and
    Tables.


-MISC1-
            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      Prior to the complete revision of this section by section
    502(a)(2) of Pub. L. 95-424, section 501(a)(1) of Pub. L. 95-424
    redesignated former subsec. (c), relating to requests by the
    General Accounting Office and Congressional committees for
    documents and other material, as section 2393a of this title.


-MISC2-
                                AMENDMENTS                            
      1985 - Subsec. (a)(1)(B). Pub. L. 99-83 inserted provisions
    relating to evaluation of whether programs are benefiting the poor
    majority.
      1981 - Subsec. (a). Pub. L. 97-113, Sec. 733(1), substituted
    provision requiring information regarding American foreign policy
    and effectiveness of assistance to other countries for provision
    requiring information regarding United States development policy
    and effectiveness of assistance to developing countries and
    provision directing the Chairman prepare and transmit to Congress
    as part of the annual presentation materials for foreign assistance
    a report as described in this subsection for provision directing
    the Chairman to transmit a report on foreign assistance for the
    fiscal year ending the previous Sept. 30.
      Subsec. (a)(1)(B). Pub. L. 97-113, Sec. 733(2), struck out "the
    progress developing countries are making toward achieving those
    objectives which are indicative of improved well-being of the poor
    majority, which objectives shall include but not be limited to"
    before "increasing life expectancy and literacy".
      Subsec. (a)(2)(F). Pub. L. 97-113, Sec. 733(3), added subpar.
    (F).
      Subsec. (a)(4). Pub. L. 97-113, Sec. 733(4), struck out
    requirement that the report include the status of each loan and
    each contract of guaranty or insurance theretofore made under this
    chapter, predecessor Acts, or any Act authorizing international
    security assistance, with respect to which there remained
    outstanding any unpaid obligation or potential liability, and the
    status of each extension of credit for the procurement of defense
    articles or defense services, and of each contract of guarantee in
    connection with any such procurement, theretofore made under the
    Arms Export Control Act with respect to which there remained
    outstanding any unpaid obligation or potential liability.
      Subsec. (a)(7). Pub. L. 97-113, Sec. 733(5), struck out "and"
    after the semicolon.
      Subsec. (a)(8). Pub. L. 97-113, Sec. 733(6), substituted
    provision that the report contain the amount of all foreign
    currencies acquired without payment of dollars on hand of each
    foreign country as of Sept. 30 of the preceding fiscal year for
    provision that the report contain such other matters relating to
    foreign assistance provided under subchapter I of this chapter as
    the Chairman of the Development Coordination Committee considers
    appropriate.
      Subsec. (a)(9) to (12). Pub. L. 97-113, Sec. 733(6), added pars.
    (9) to (12).
      1980 - Subsec. (a)(6) to (8). Pub. L. 96-533 added pars. (6) and
    (7) and redesignated former par. (6) as (8).
      1978 - Subsec. (a). Pub. L. 95-424, Sec. 502(a)(2), added subsec.
    (a).
      Subsec. (b). Pub. L. 95-424, Sec. 502(a)(2), substituted
    definitions of "foreign assistance" and "provided by the United
    States Government" for provisions requiring public disclosure of
    all information concerning operations under this chapter except
    that which is deemed incompatible with the Security of the United
    States.
      Subsec. (c). Pub. L. 95-424, Sec. 502(a)(1), struck out "(c)" at
    beginning of subsection and transferred the remainder of subsection
    to section 2393a of this title.
      Subsecs. (d) to (h). Pub. L. 95-424, Sec. 502(a)(2), struck out
    subsecs. (d), relating to presentation of programs to Congressional
    committees; (e), relating to inclusion of a specific plan in the
    President's recommendations to Congress; (f), relating to a report
    by the President to Congress showing the status of each outstanding
    loan; (g), relating to a report by the President to Congress
    showing debt-servicing problems; and (h), relating to military
    assistance to South Vietnam, Thailand, and Laos.
      1976 - Subsec. (d). Pub. L. 94-329 struck out provisions under
    which sales pursuant to the Foreign Assistance Act of 1961 or any
    other Act were included in the enumeration of factors used in
    developing, for purpose of presentation material, a chart showing
    the full extent of United States assistance planned or expected for
    each such country for the next fiscal year.
      Subsec. (f). Pub. L. 94-273 substituted "September" for "June"
    and "March" for "December".
      1974 - Subsec. (d). Pub. L. 93-559 substituted in item (1)
    respecting presentation material "economic assistance, military
    grants (and including for any such grant of any excess defense
    article, the value of such article expressed in terms of its
    acquisition cost to the United States), and military sales" for
    "economic assistance and military grants and sales".
      1973 - Subsec. (f). Pub. L. 93-189 inserted references to
    contracts of guarantee or insurance, the status of sales of defense
    articles or defense services on credit terms, the status of sales
    of agricultural commodities on credit terms, and the status of
    loans, contracts of guarantee or insurance, or extensions of credit
    (or participations therein) made under the Export-Import Bank Act
    of 1945, and inserted provisions limiting the reporting requirement
    of the subsection so as to include only loans, contracts, sales,
    extensions of credit, or other transactions in excess of
    $1,000,000.
      Subsec. (g). Pub. L. 93-189 added subsec. (g).
      1972 - Subsec. (a). Pub. L. 92-226, Sec. 304(c)(2), struck out
    provisions for annual report to Congress concerning operations
    under this chapter, including information on the progress of the
    freedom of navigation and nondiscrimination declaration. See annual
    foreign assistance report provisions of section 2417 of this title.
      Subsec. (d). Pub. L. 92-226, Sec. 304(a)(3), substituted in last
    sentence reference to section "2360(b)" for prior reference to
    sections "2360, 2364(a)".
      1969 - Subsec. (a). Pub. L. 91-175 excluded operations reported
    to Congress pursuant to section 2200a of this title from report
    required by this section, and struck out of last sentence reference
    to the operation of the investment guaranty program.
      1968 - Subsec. (d). Pub. L. 90-629, Sec. 45(b)(4), required the
    presentation material to include in the chart foreign assistance
    data under any other Act.
      Subsec. (g). Pub. L. 90-629, Sec. 45(a), repealed provisions of
    subsec. (g) which related to exports of defense articles, contents
    of reports, and utilization of statistics and information of
    Government agencies, and is now covered by section 2776(a) of this
    title.
      1967 - Subsec. (d). Pub. L. 90-137, Sec. 302(h)(1), inserted
    introductory provision for presentation of programs to
    Congressional Committees in connection with requests for
    appropriations for fiscal year 1969, penultimate provision for
    inclusion of foreign assistance data (an assistance chart,
    contribution details, and a statement of projects), and provision
    for notification as to findings and reasons therefor under section
    2311 or 2341(c) of this title.
      Subsecs. (g), (h). Pub. L. 90-137, Sec. 302(h)(2), added subsecs.
    (g) and (h).
      1966 - Subsec. (f). Pub. L. 89-583 added subsec. (f).
      1962 - Subsec. (a). Pub. L. 87-565, Sec. 302(e), required reports
    to include information on progress under the freedom of navigation
    and nondiscriminatory declaration contained in section 2151 of this
    title.
      Subsec. (d). Pub. L. 87-565, Sec. 302(f), substituted "At the end
    of each fiscal year" and "fiscal year" for "In January of each
    year" and "preceding twelve months", respectively, and provided
    that the presentation material submitted to Congress during its
    consideration of amendments to this chapter, or of any Act
    appropriating funds pursuant to authorizations contained in this
    chapter, should include a comparison of the current fiscal year
    programs and activities with those presented to Congress in the
    previous year and an explanation of any substantial changes.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 304(c)(3) of Pub. L. 92-226 provided that: "The
    provisions of this subsection [amending this section and section
    2403 of this title] and section 657 of such Act [section 2417 of
    this title], as added by subsection (b) of this Act [this section],
    shall apply with respect to each fiscal year commencing on or after
    July 1, 1971."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-629 effective July 1, 1968, see section
    41 of Pub. L. 90-629, set out as an Effective Date note under
    section 2751 of this title.

                             SAVINGS PROVISION                         
      Determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued, undertaken, or entered into
    under authority of any provision of former subsec. (g) of this
    section as continuing in full force and effect until modified by
    appropriate authority, see section 46 of Pub. L. 90-629, set out as
    a note under former section 2341 of this title.

                ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH            
      Pub. L. 104-107, title V, Sec. 574, Feb. 12, 1996, 110 Stat. 749,
    required the President to submit to the appropriate congressional
    committees an annual report providing a concise overview of the
    prospects for economic and social growth in countries receiving
    economic assistance under title II of Pub. L. 104-107, prior to
    repeal by Pub. L. 107-228, div. A, title VI, Sec. 671(2), Sept. 30,
    2002, 116 Stat. 1407.

        PROGRESS REPORT OF IMPLEMENTATION OF IMMUNIZATION AND ORAL
                      REHYDRATION PROMOTION PROGRAMS
      Annual report under this section to describe progress achieved
    during preceding fiscal year in carrying out section 2151b(c)(3) of
    this title, see section 305(b) of Pub. L. 99-83, set out as a note
    under section 2151b of this title.

     NEGOTIATING EFFORTS CONCERNING ACCELERATED LOAN REPAYMENTS TO BE
    INCLUDED IN ANNUAL REPORTS FOR FOREIGN ASSISTANCE FOR 1980 AND 1981
      Annual reports on foreign assistance submitted in 1980 and 1981
    pursuant to this section to contain negotiating efforts respecting
    accelerated loan repayments under section 2151y of this title, see
    section 508(b) of Pub. L. 96-53, set out as a note under section
    2151y of this title.

-End-



-CITE-
    22 USC Sec. 2394-1                                          01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2394-1. Notification of program changes

-STATUTE-
    (a) Covered programs; content of notifications
      None of the funds appropriated to carry out the purposes of this
    chapter (except for programs under subpart III or subpart IV of
    part II of subchapter I of this chapter, part V of subchapter I of
    this chapter, and programs of disaster relief and rehabilitation)
    or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be
    obligated for any activities, programs, projects, types of materiel
    assistance, countries, or other operations not justified, or in
    excess of the amount justified, to the Congress for obligation
    under this chapter or the Arms Export Control Act for any fiscal
    year unless the Committee on Foreign Relations of the Senate, the
    Committee on Foreign Affairs of the House of Representatives, and
    the Committee on Appropriations of each House of the Congress are
    notified fifteen days in advance of such obligation. Whenever a
    proposed reprograming exceeds $1,000,000 and the total amount
    proposed for obligation for a country under this chapter in a
    fiscal year exceeds by more than $5,000,000 the amount specified
    for that country in the report required by section 2413(a) of this
    title, notifications of such proposed reprogramings shall specify -
    
        (1) the nature and purpose of such proposed obligation, and
        (2) to the extent possible at the time of the proposed
      obligation, the country for which such funds would otherwise have
      been obligated.
    (b) Exceptions
      The notification requirement of this section does not apply to
    the reprogramming - 
        (1) of funds to be used for an activity, program, or project
      under part I of subchapter I of this chapter if the amounts to be
      obligated for that activity, program, or project for that fiscal
      year do not exceed by more than 10 percent the amount justified
      to the Congress for that activity, program, or project for that
      fiscal year; or
        (2) of less than $25,000 to be used under part VIII of
      subchapter I of this chapter, or under part V of subchapter II of
      this chapter, for a country for which a program under that part
      for that fiscal year was justified to the Congress.
    (c) Funds in the International Affairs Budget Function;
      reprogramming
      The President shall notify the chairman of the Committee on
    Foreign Relations of the Senate and the chairman of the Committee
    on Foreign Affairs of the House of Representatives concerning any
    reprogramming of funds in the International Affairs Budget
    Function, the authorizations of appropriations for which are in
    their respective jurisdictions, to the same degree and with the
    same conditions as the President notifies the Committees on
    Appropriations. The requirements of this subsection are in addition
    to, and not in lieu of, other notification requirements.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 634A, formerly Sec. 671, as added
    Pub. L. 95-88, title I, Sec. 130, Aug. 3, 1977, 91 Stat. 543;
    renumbered Sec. 634A, Pub. L. 95-424, title V, Sec. 502(b), Oct. 6,
    1978, 92 Stat. 959; amended Pub. L. 97-113, title VII, Sec. 704,
    Dec. 29, 1981, 95 Stat. 1544; Pub. L. 99-83, title XII, Sec.
    1209(a), Aug. 8, 1985, 99 Stat. 278; Pub. L. 103-437, Sec. 9(a)(6),
    Nov. 2, 1994, 108 Stat. 4588.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2429b of this title.


-MISC2-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-437 substituted "Foreign Affairs"
    for "International Relations" in introductory provisions.
      1985 - Pub. L. 99-83 designated existing provisions as subsec.
    (a), inserted references to the Arms Export Control Act in two
    places, and added subsecs. (b) and (c).
      1981 - Pub. L. 97-113 inserted provision respecting notification
    of proposed reprograming of assistance.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC3-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2394-1a                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2394-1a. Classification of reports

-STATUTE-
      All information contained in any report transmitted under this
    chapter shall be public information. However, in the case of any
    item of information to be included in any such report that the
    President, on an extraordinary basis, determines is clearly
    detrimental to the security of the United States, he shall explain
    in a supplemental report why publication of each specific item
    would be detrimental to the security of the United States. A
    supplemental report shall be transmitted to the Congress at the
    time the report is transmitted.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 634B, as added Pub. L. 95-424, title
    V, Sec. 502(c), Oct. 6, 1978, 92 Stat. 959.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2394a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2394a. Extortion and illegal payments to officials of foreign
      countries receiving international security assistance

-STATUTE-
      Within 60 days after receiving information which substantiates
    that officials of a foreign country receiving international
    security assistance have (1) received illegal or otherwise improper
    payments from a United States corporation in return for a contract
    to purchase defense articles or services from such corporation, or
    (2) extorted, or attempted to extort, money or other things of
    value in return for actions by officials of that country that
    permit a United States citizen or corporation to conduct business
    in that country, the President shall submit to Congress a report
    outlining the circumstances of such payment or extortion. The
    report shall contain a recommendation from the President as to
    whether the United States should continue a security assistance
    program for that country.

-SOURCE-
    (Pub. L. 94-329, title VI, Sec. 607, June 30, 1976, 90 Stat. 768.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,
    75 Stat. 424, known as the Foreign Assistance Act of 1961, which
    comprises this chapter.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2394b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2394b. HELP Commission

-STATUTE-
    (a) Short title
      This section may be cited as the "HELP Commission Act".
    (b) Findings
      (1) The Congress finds that, despite the long-standing efforts
    and resources of the United States dedicated to helping needy
    people around the world, despair remains and in many areas is
    growing.
      (2) Therefore, a commission should be established to bring
    together the best minds associated with development and
    humanitarian assistance to make a comprehensive review of - 
        (A) policy decisions, including why certain development
      projects are funded and others are not, successes, and best
      practices, including their applicability to other existing
      programs and projects;
        (B) delivery obstacles, including the roles of United States
      agencies and other governmental and nongovernmental
      organizations;
        (C) methodology, including whether the delivery of United
      States development assistance always represents best practices
      and whether it can be improved; and
        (D) results, including measuring improvements in human capacity
      instead of in purely economic terms.

      (3) An examination of these issues should present new approaches
    and ideas to ensure that United States development assistance
    reaches and benefits its intended recipients.
    (c) Establishment of Commission; responsibilities
      (1) There is established the Helping to Enhance the Livelihood of
    People (HELP) Around the Globe Commission (in this section referred
    to as the "Commission").
      (2) The Commission shall - 
        (A) identify the past and present objectives of United States
      development assistance, identify cases in which those objectives
      have been met, identify the beneficiaries of such assistance, and
      what percentage of the funds provided actually reached the
      intended beneficiaries;
        (B) identify cases in which United States development
      assistance has been most successful, and analyze how such
      successes may be transferable to other countries or areas;
        (C) study ways to expand educational opportunities and
      investments in people, and assess infrastructure needs;
        (D) analyze how the United States could place conditions on
      governments in countries receiving United States development
      assistance, in light of and notwithstanding the objectives of the
      Millennium Challenge Account;
        (E) analyze ways in which the United States can coordinate its
      development assistance programs with those of other donor
      countries and international organizations;
        (F) analyze ways in which the safety of development assistance
      workers can be ensured, particularly in the midst of conflicts;
        (G) compare the effectiveness of increased and open trade with
      development assistance, and analyze the advantages and
      disadvantages of such trade and whether such trade could be a
      more effective alternative to United States development
      assistance;
        (H) analyze ways in which the United States can strengthen the
      capacity of indigenous nongovernmental organizations to be more
      effective in grassroots development;
        (I) analyze ways in which decisions on providing development
      assistance can involve more of the people of the recipient
      countries;
        (J) analyze ways in which results can be measured if United
      States development assistance is targeted to the least developed
      countries;
        (K) recommend standards that should be set for "graduating"
      recipient countries from United States development assistance;
        (L) analyze whether United States development assistance should
      be used as a means to achieve United States foreign policy
      objectives;
        (M) analyze how the United States can evaluate the performance
      of its development assistance programs not only against economic
      indicators, but in other ways, including how to measure the
      success of United States development assistance in
      democratization efforts; and evaluate the existing foreign
      assistance framework to ascertain the degree of coordination, or
      lack thereof, of the disparate foreign development programs as
      administered by the various Federal agencies, to identify and
      assess the redundancies of programs and organizational structures
      engaged in foreign assistance, and to recommend revisions to
      authorizing legislation for foreign assistance that would seek to
      reconcile competing foreign policy and foreign aid goals; and
        (N) study any other areas that the Commission considers
      necessary relating to United States development assistance.
    (d) Membership
      (1) The Commission shall be composed of 21 members as follows:
        (A) Six members shall be appointed by the President, of whom at
      least two shall be representatives of nongovernmental
      organizations.
        (B) Four members shall be appointed by the majority leader of
      the Senate, and three members shall be appointed by the minority
      leader of the Senate.
        (C) Four members shall be appointed by the Speaker of the House
      of Representatives, and three members shall be appointed by the
      minority leader of the House of Representatives.
        (D) The Administrator of the United States Agency for
      International Development shall serve as a member of the
      Commission, ex officio.

      (2) Members under subparagraphs (A) through (C) of paragraph (1)
    shall be appointed for the life of the Commission.
      (3) Members of the Commission shall be selected from among
    individuals noted for their knowledge and experience in foreign
    assistance, particularly development and humanitarian assistance.
      (4) The appointments under paragraph (1) shall be made not later
    than 60 days after January 23, 2004.
      (5) The President shall designate one of the members of the
    Commission not currently in Government service as the Chair of the
    Commission.
      (6) In order to facilitate the workload of the Commission, the
    Commission shall divide the membership of the Commission into three
    subcommittees representing the different regions of the world to
    which the United States provides development assistance, the
    membership of each subcommittee to be proportional to the
    percentage of United States development assistance provided to the
    region represented by the subcommittee. Each subcommittee shall
    elect one of its members as Chair of the subcommittee.
      (7)(A) Eleven members of the Commission shall constitute a quorum
    for purposes of transacting the business of the Commission. The
    Commission shall meet at the call of the Chair.
      (B) A majority of the members of each regional subcommittee shall
    constitute a quorum for purposes of transacting the business of the
    subcommittee. Each subcommittee shall meet at the call of the Chair
    of the subcommittee.
      (8) Any vacancy of the Commission shall not affect its powers,
    but shall be filled in the manner in which the original appointment
    was made.
      (9) The Administrator of General Services shall provide to the
    Commission on a reimbursable basis (or, in the discretion of the
    Administrator, on a nonreimbursable basis) such administrative
    support services as the Commission may request to carry out this
    section.
      (10)(A) Subject to subparagraph (B), members of the Commission
    shall serve without pay.
      (B) Members of the Commission who are full-time officers or
    employees of the United States or Members of Congress may not
    receive additional pay, allowances, or benefits by reason of their
    service on the Commission.
      (11) Members of the Commission shall be allowed travel expenses,
    including per diem in lieu of subsistence, at rates authorized for
    employees of agencies under subchapter I of chapter 57 of title 5
    while away from their homes or regular places of business in the
    performance of services for the Commission.
      (12)(A) The Chairman of the Commission may, without regard to the
    civil service laws and regulations, appoint and terminate an
    executive director and such other additional personnel as may be
    necessary to enable the Commission to perform its duties. The
    employment of an executive director shall be subject to
    confirmation by the Commission.
      (B) To the extent or in the amounts provided in advance in
    appropriations Acts - 
        (i) the executive director shall be compensated at the rate
      payable for level V of the Executive Schedule under section 5316
      of title 5; and
        (ii) the Chairman of the Commission may fix the compensation of
      other personnel without regard to the provisions of chapter 51
      and subchapter III of chapter 53 of title 5 relating to
      classification of positions and General Schedule pay rates,
      except that the rate of pay for such personnel may not exceed the
      rate payable for level V of the Executive Schedule under section
      5316 of such title.
    (e) Authority
      (1) The Commission may, for the purpose of carrying out its
    functions under this section, hold hearings, sit and act at times
    and places in the United States and in countries that receive
    United States development assistance, take testimony, and receive
    evidence as the Commission considers advisable to carry out the
    purposes of this section.
      (2) The Commission may secure directly from any Federal
    department or agency such information as the Commission considers
    necessary to carry out the provisions of this section. Upon request
    of the Chair of the Commission, the head of such department or
    agency shall furnish such information to the Commission, subject to
    applicable law.
      (3) The Commission may use the United States mails in the same
    manner and under the same conditions as other departments and
    agencies of the Federal Government.
      (4) The Commission may adopt such rules and regulations, relating
    to administrative procedure, as may be reasonably necessary to
    enable it to carry out the provisions of this section.
      (5) The Members of the Commission may, with the approval of the
    Commission, conduct such travel as is necessary to carry out the
    purposes of this section. Each trip must be approved by a majority
    of the Commission.
      (6) Upon the request of the Commission, the head of any Federal
    department or agency may detail, on a reimbursable or
    nonreimbursable basis, any of the personnel of that department or
    agency to the Commission to assist it in carrying out its functions
    under this section. The detail of any such personnel shall be
    without interruption or loss of civil service or Foreign Service
    status or privilege.
    (f) Report of Commission
      (1) Not later than 2 years after the members of the Commission
    are appointed under subsection (d)(1) of this section, the
    Commission shall submit a report to the President, the Secretary of
    State, the Committee on Appropriations and the Committee on
    International Relations of the House of Representatives, and the
    Committee on Appropriations and the Committee on Foreign Relations
    of the Senate, setting forth its findings and recommendations under
    section (!1) (c)(2).

      (2) The report may be submitted in classified form, together with
    a public summary of recommendations, if the classification of
    information would further the purposes of this section.
      (3) Each member of the Commission may include the individual or
    dissenting views of the member.
    (g) Applicability of other laws
      The Federal Advisory Committee Act (5 U.S.C. App.) shall not
    apply to the Commission.
    (h) Definition
      In this section, the term "United States development assistance"
    means - 
        (1) assistance provided by the United States under chapters 1,
      10, 11, and 12 of part I of the Foreign Assistance Act of 1961
      [22 U.S.C. 2151 et seq., 2293 et seq., 2295 et seq., 2296 et
      seq.]; and
        (2) assistance provided under any other provision of law to
      carry out purposes comparable to those set forth in the
      provisions referred to in paragraph (1).
    (i) Authorization of appropriations
      (1) There are authorized to be appropriated to the Commission
    such sums as may be necessary to carry out this section.
      (2) Amounts authorized to be appropriated under subsection (a) of
    this section are authorized to remain available until expended, but
    not later than the date of termination of the Commission.
    (j) Termination
      The Commission shall terminate 30 days after the submission of
    its report under subsection (f) of this section.
    (k) Annual report of President
      (1) Not later than April 1, 2004, and April 1 of each third year
    thereafter, the President shall transmit to the Congress a report
    that analyzes, on a country-by-country basis, the impact and
    effectiveness of United States economic assistance furnished to
    each country during the preceding 3 fiscal years. The report shall
    include the following for each recipient country:
        (A) An analysis of the impact of United States economic
      assistance during the preceding 3 fiscal years on economic
      development in that country, with a discussion of the United
      States interests that were served by the assistance. The analysis
      shall be done on a sector-by-sector basis to the extent possible
      and shall identify any economic policy reforms that were promoted
      by the assistance. The analysis shall - 
          (i) include a description, quantified to the extent
        practicable, of the specific objectives the United States
        sought to achieve in providing economic assistance for that
        country; and
          (ii) specify the extent to which those objectives were not
        achieved, with an explanation of why they were not achieved.

        (B) A description of the amount and nature of economic
      assistance provided by other donors during the preceding 3 fiscal
      years, set forth by development sector to the extent possible.
        (C) A discussion of the commitment of the host government to
      addressing the country's needs in each development sector,
      including a description of the resources devoted by that
      government to each development sector during the preceding 3
      fiscal years.
        (D) A description of the trends, both favorable and
      unfavorable, in each development sector.
        (E) Statistical and other information necessary to evaluate the
      impact and effectiveness of United States economic assistance on
      development in the country.
        (F) A comparison of the analysis provided in the report with
      relevant analyses by international financial institutions, other
      international organizations, other donor countries, or
      nongovernmental organizations.

      (2) The report required by this section shall identify - 
        (A) each country in which United States economic assistance has
      been most successful, as indicated by the extent to which the
      specific objectives the United States sought to achieve in
      providing the assistance for the country, as referred to in
      paragraph (1)(A)(i), were achieved; and
        (B) each country in which United States economic assistance has
      been least successful, as indicated by the extent to which the
      specific objectives the United States sought to achieve in
      providing the assistance for the country, as referred to in
      paragraph (1)(A)(i), were not achieved; and, for each such
      country, an explanation of why the assistance was not more
      successful and a specification of what the United States has done
      as a result.

      (3) Information under paragraphs (1) and (2) for a fiscal year
    shall not be required with respect to a country for which United
    States economic assistance for the country for the fiscal year is
    less than $5,000,000.
      (4) In this subsection, the term "United States economic
    assistance" means any bilateral economic assistance, from any
    budget functional category, that is provided by any department or
    agency of the United States to a foreign country, including such
    assistance that is intended - 
        (A) to assist the development and economic advancement of
      friendly foreign countries and peoples;
        (B) to promote the freedom, aspirations, or sustenance of
      friendly peoples under oppressive rule by unfriendly governments;
        (C) to promote international trade and foreign direct
      investment as a means of aiding economic growth;
        (D) to save lives and alleviate suffering of foreign peoples
      during or following wars, natural disasters, or complex crisies
      (!2) ;

        (E) to assist in recovery and rehabilitation of countries or
      peoples following disaster or war;
        (F) to protect refugees and promote durable solutions to aid
      refugees;
        (G) to promote sound environmental practices;
        (H) to assist in development of democratic institutions and
      good governance by the people of foreign countries;
        (I) to promote peace and reconciliation or prevention of
      conflict;
        (J) to improve the technical capacities of governments to
      reduce production of and demand for illicit narcotics; and
        (K) to otherwise promote through bilateral foreign economic
      assistance the national objectives of the United States.

-SOURCE-
    (Pub. L. 108-199, div. B, title VI, Sec. 637, Jan. 23, 2004, 118
    Stat. 101.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (d)(12)(A), are
    set forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The Federal Advisory Committee Act, referred to in subsec. (g),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      The Foreign Assistance Act of 1961, referred to in subsec.
    (h)(1), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.
    Chapters 1, 10, 11, and 12 of part I of the Act are classified
    generally to parts I (Sec. 2151 et seq.), X (Sec. 2293 et seq.), XI
    (Sec. 2295 et seq.), and XII (Sec. 2296 et seq.) of subchapter I of
    this chapter. For complete classification of this Act to the Code,
    see Short Title note set out under section 2151 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as the HELP Commission Act, and also as part
    of the Departments of Commerce, Justice, and State, the Judiciary,
    and Related Agencies Appropriations Act, 2004, and the Consolidated
    Appropriations Act, 2004, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.


-EXEC-
       ASSIGNMENT OF FUNCTIONS IMPLEMENTING THE HELP COMMISSION ACT   
      Memorandum of President of the United States, Dec. 8, 2004, 69
    F.R. 78847, provided:
      Memorandum for the Secretary of State [and] the Administrator of
    the United States Agency for International Development
      By the authority vested in me as President by the Constitution
    and laws of the United States, including section 301 of title 3,
    United States Code:
      1. The functions of the President under subsection 637(k) of the
    [Departments of] Commerce, Justice[,] and State, the Judiciary, and
    Related Agencies Appropriations Act, 2004 (Division B, Public Law
    108-199) (22 U.S.C. 2394b(k)) (the "Act") are assigned to the
    Secretary of State (Secretary).
      2. The Administrator of the United States Agency for
    International Development shall provide support to assist the
    Secretary in the performance of functions assigned by this
    memorandum, and the heads of executive departments and agencies
    with information concerning assistance programs shall furnish
    promptly to the Secretary, consistent with applicable law, such
    information as the Secretary may request to assist in fulfillment
    of these responsibilities for the preparation of the report to
    which subsection 637(k) refers.
      3. The Secretary shall coordinate the receipt by departments and
    agencies of requests from the HELP Commission under section 637(e)
    of the Act for information and their responses to such requests.
    Such departments and agencies shall provide relevant information
    and responses promptly. The Secretary shall ensure that such
    responses occur in a manner consistent with the President's
    constitutional authority to withhold information that could impair
    foreign relations, national security, the deliberate processes of
    the Executive, or the performance of the Executive's constitutional
    duties.
      4. Heads of executive departments and agencies shall assist the
    Secretary in the implementation of this memorandum.
      5. The Secretary is authorized and directed to publish this
    memorandum in the Federal Register.
                                                         George W. Bush.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

    (!2) So in original. Probably should be "crises".


-End-



-CITE-
    22 USC Sec. 2395                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2395. General authorities

-STATUTE-
    (a) Manner of furnishing assistance; emphasis on loans
      Except as otherwise specifically provided in this chapter,
    assistance under this chapter may be furnished on a grant basis or
    on such terms, including cash, credit, or other terms of repayment
    (including repayment in foreign currencies or by transfer to the
    United States Government of commodities) as may be determined to be
    best suited to the achievement of the purposes of this chapter, and
    shall emphasize loans rather than grants wherever possible.
    (b) Authority of the President
      The President may make loans, advances, and grants to, make and
    perform agreements and contracts with, or enter into other
    transactions with, any individual, corporation, or other body of
    persons, friendly government or government agency, whether within
    or without the United States, and international organizations in
    furtherance of the purposes and within the limitations of this
    chapter.
    (c) Utilization of services and facilities of voluntary, nonprofit
      organizations
      It is the sense of Congress that the President, in furthering the
    purposes of this chapter, shall use to the maximum extent
    practicable the services and facilities of voluntary, nonprofit
    organizations registered with, and approved by, the Agency for
    International Development.
    (d) Acceptance of gifts, devises, bequests, grants, etc.
      The President may accept and use in furtherance of the purposes
    of this chapter, money, funds, property, and services of any kind
    made available by gift, devise, bequest, grant, or otherwise for
    such purpose.
    (e) Health and accident insurance for foreign participants and
      foreign employees
      (1) Any agency of the United States Government is authorized to
    pay the cost of health and accident insurance for foreign
    participants in any program of furnishing technical information and
    assistance administered by such agency while such participants are
    absent from their homes for the purpose of participation in such
    program.
      (2) Any agency of the United States Government is authorized to
    pay the cost of health and accident insurance for foreign employees
    of that agency while those employees are absent from their place of
    employment abroad for purposes of training or other official
    duties.
    (f) Admission of alien participants
      Alien participants in any program of furnishing technical
    information and assistance under this chapter may be admitted to
    the United States if otherwise qualified as nonimmigrants under
    section 1101(a)(15) of title 8, for such time and under such
    conditions as may be prescribed by regulations promulgated by the
    Secretary of State and the Attorney General.
    (g) Powers and authorities of the President with respect to loans
      In making loans under this chapter, the President - 
        (1) may issue letters of credit and letters of commitment;
        (2) may collect or compromise any obligations assigned to, or
      held by, and any legal or equitable rights accruing to him, and,
      as he may determine, refer any such obligations or rights to the
      Attorney General for suit or collection;
        (3) may acquire and dispose of, upon such terms and conditions
      as he may determine, any property, including any instrument
      evidencing indebtedness or ownership (provided that equity
      securities may not be directly purchased although such securities
      may be acquired by other means such as by exercise of conversion
      rights or through enforcement of liens or pledges or otherwise to
      satisfy a previously incurred indebtedness), and guarantee
      payment against any such instrument;
        (4) may determine the character of, and necessity for,
      obligations and expenditures of funds used in making such loans
      and the manner in which they shall be incurred, allowed, and
      paid, subject to provisions of law specifically applicable to
      corporations of the United States Government; and
        (5) shall cause to be maintained an integral set of accounts
      which shall be audited by the Government Accountability Office in
      accordance with principles and procedures applicable to
      commercial corporate transactions as provided by chapter 91 of
      title 31.
    (h) Term of contracts and agreements
      A contract or agreement which entails commitments for the
    expenditure of funds made available under part I (except
    development loans) and subpart II of part II of subchapter I and
    under subchapter II of this chapter, may, subject to any future
    action of the Congress, extend at any time for not more than five
    years.
    (i) Settlement and arbitration of claims arising under investment
      guaranty operations
      Claims arising as a result of investment guaranty operations may
    be settled, and disputes arising as a result thereof may be
    arbitrated with the consent of the parties, on such terms and
    conditions as the President may direct. Payment made pursuant to
    any such settlement, or as a result of an arbitration award, shall
    be final and conclusive notwithstanding any other provision of law.
    (j) Financial transactions with foreign governments; exemption
      The provisions of section 955 of title 18 shall not apply to
    prevent any person, including any individual, partnership,
    corporation, or association, from acting for, or participating in,
    any operation or transaction arising under this chapter, or from
    acquiring any obligation issued in connection with any operation or
    transaction arising under this chapter.
    (k) Cost-type contracts with educational institutions; payment of
      reimbursable indirect costs
      Any cost-type contract or agreement (including grants) entered
    into with a university, college, or other educational institution
    for the purpose of carrying out programs authorized by subchapter I
    of this chapter may provide for the payment of the reimbursable
    indirect costs of said university, college, or other educational
    institution on the basis of predetermined fixed-percentage rates
    applied to the total, or an element thereof, of the reimbursable
    direct costs incurred.
    (l) Program oversight
       The Administrator of the agency primarily responsible for
    administering subchapter I of this chapter may use funds made
    available under that subchapter to provide program and management
    oversight for activities that are funded under that subchapter and
    that are conducted in countries in which the agency does not have a
    field mission or office.
    (m) Working capital fund
      (1) There is established a working capital fund (in this
    subsection referred to as the "fund") for the United States Agency
    for International Development (in this subsection referred to as
    the "Agency") which shall be available without fiscal year
    limitation for the expenses of personal and nonpersonal services,
    equipment, and supplies for - 
        (A) International Cooperative Administrative Support Services;
      and
        (B) rebates from the use of United States Government credit
      cards.

      (2) The capital of the fund shall consist of - 
        (A) the fair and reasonable value of such supplies, equipment,
      and other assets pertaining to the functions of the fund as the
      Administrator determines,
        (B) rebates from the use of United States Government credit
      cards, and
        (C) any appropriations made available for the purpose of
      providing capital,

    minus related liabilities.
      (3) The fund shall be reimbursed or credited with advance
    payments for services, equipment, or supplies provided from the
    fund from applicable appropriations and funds of the Agency, other
    Federal agencies and other sources authorized by section 2357 of
    this title at rates that will recover total expenses of operation,
    including accrual of annual leave and depreciation. Receipts from
    the disposal of, or payments for the loss or damage to, property
    held in the fund, rebates, reimbursements, refunds and other
    credits applicable to the operation of the fund may be deposited in
    the fund.
      (4) At the close of each fiscal year the Administrator of the
    Agency shall transfer out of the fund to the miscellaneous receipts
    account of the Treasury of the United States such amounts as the
    Administrator determines to be in excess of the needs of the fund.
      (5) The fund may be charged with the current value of supplies
    and equipment returned to the working capital of the fund by a
    post, activity, or agency, and the proceeds shall he (!1) credited
    to current applicable appropriations.


-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 635, Sept. 4, 1961, 75 Stat. 456;
    Pub. L. 87-565, pt. III, Sec. 302(g), Aug. 1, 1962, 76 Stat. 262;
    Pub. L. 88-205, pt. III, Sec. 302(e), Dec. 16, 1963, 77 Stat. 389;
    Pub. L. 89-171, pt. III, Sec. 302(g), Sept. 6, 1965, 79 Stat. 660;
    Pub. L. 89-583, pt. III, Sec. 302(d), Sept. 19, 1966, 80 Stat. 807;
    Pub. L. 90-137, pt. III, Sec. 302(i), Nov. 14, 1967, 81 Stat. 461;
    Pub. L. 95-424, title I, Sec. 102(g)(2)(G), Oct. 6, 1978, 92 Stat.
    943; Pub. L. 96-53, title I, Sec. 121, Aug. 14, 1979, 93 Stat. 366;
    Pub. L. 106-264, title III, Sec. 301, Aug. 19, 2000, 114 Stat. 760;
    Pub. L. 106-309, title IV, Sec. 404, Oct. 17, 2000, 114 Stat. 1098;
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) to (d), (g), and (j),
    was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,
    1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act
    of 1961. For complete classification of this Act to the Code, see
    Short Title note set out under section 2151 of this title and
    Tables.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
     SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
                                SUCH PARTS
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      In subsec. (g)(5), "chapter 91 of title 31" substituted for "the
    Government Corporation Control Act, as amended (31 U.S.C. 841 et
    seq.)" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,
    96 Stat. 1067, the first section of which enacted Title 31, Money
    and Finance.


-MISC2-
                                AMENDMENTS                            
      2004 - Subsec. (g)(5). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2000 - Subsec. (l). Pub. L. 106-264 added subsec. (l).
      Subsec. (m). Pub. L. 106-309 added subsec. (m).
      1979 - Subsec. (c). Pub. L. 96-53 substituted "Agency for
    International Development" for "Advisory Committee on Voluntary
    Foreign Aid".
      1978 - Subsec. (h). Pub. L. 95-424 substituted "part I (except
    development loans) and subpart II of part II of subchapter I" for
    "subparts II, V, and VI of part II of subchapter I (except
    development loans)".
      1967 - Subsec. (e). Pub. L. 90-137, Sec. 302(i)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (g). Pub. L. 90-137, Sec. 302(i)(2), struck out "and
    sales" after "loans" in introductory clause.
      1966 - Subsec. (h). Pub. L. 89-583 excluded development loans
    under the Alliance for Progress from the provision that contracts
    or agreements which entail commitments for the expenditure of funds
    may not extend for more than five years.
      1965 - Subsec. (g). Pub. L. 89-171 inserted "and sales" in
    introductory clause.
      1963 - Subsec. (k). Pub. L. 88-205 added subsec. (k).
      1962 - Subsec. (h). Pub. L. 87-565 included sections 2211 to 2213
    of this title within the limitation on the duration of contracts
    and agreements.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1967 AMENDMENT                 
      Section 302(i)(2) of Pub. L. 90-137 provided in part that
    amendment of subsec. (g) by such section 302(i)(2) shall take
    effect on June 30, 1968.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
                         INTERNATIONAL AGREEMENTS                     
      The negotiation, conclusion, and termination of international
    agreements pursuant to this chapter shall be subject to
    requirements of section 112b of Title 1, General Provisions, and to
    applicable regulations and procedures, see section 1-604 of Ex.
    Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979,
    set out as a note under section 2381 of this title.

     INFORMATION TO CONGRESSIONAL COMMITTEES ON NEGOTIATIONS REGARDING
      DEBTS OWED UNITED STATES BY FOREIGN GOVERNMENTS; TRANSMITTAL TO
                  CONGRESS OF DEBT MODIFICATION PROPOSALS
      Pub. L. 93-333, Sec. 4, July 8, 1974, 88 Stat. 290, relating to
    cancellation, renegotiation, etc., of any debt owed by a foreign
    government, was repealed by Pub. L. 95-424, title VI, Sec. 603(b),
    Oct. 6, 1978, 92 Stat. 961.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-FOOTNOTE-
    (!1) So in original. Probably should be "be".


-End-



-CITE-
    22 USC Sec. 2395a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2395a. International agreements concerning debt relief;
      transmittal to Congressional committees

-STATUTE-
      (1) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(5), Dec. 29,
    1981, 95 Stat. 1560.
      (2) The Secretary of State shall transmit to such committees a
    copy of the text of any agreement with any foreign government which
    would result in any such debt relief no less than thirty days prior
    to its entry into force, together with a detailed justification of
    the interest of the United States in the proposed debt relief. The
    requirements of this paragraph shall not apply with respect to an
    agreement if a statutory requirement exists that the amount of the
    debt relief provided by the agreement may not exceed the amount
    approved for such purposes in advance in an appropriation Act.

-SOURCE-
    (Pub. L. 95-424, title VI, Sec. 603(a), Oct. 6, 1978, 92 Stat. 960;
    H. Res. 89, Feb. 5, 1979; Pub. L. 97-113, title VII, Sec.
    734(a)(5), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      "Such committees" and "such debt relief", referred to in par.
    (2), mean the Committee on Foreign Relations of the Senate, the
    Committee on Foreign Affairs of the House of Representatives, and
    the Committee on Appropriations of the each House of Congress named
    as the ongoing recipients of any information respecting debt relief
    negotiations with foreign governments regarding any debts owing to
    the United States in par. (1) provisions prior to repeal thereof by
    section 734(a)(1) of Pub. L. 97-113.

-COD-
                               CODIFICATION                           
      Section enacted as part of the International Development and Food
    Assistance Act of 1978, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1981 - Par. (1). Pub. L. 97-113 struck out par. (1) which
    required Secretary of State keep the Committee on Foreign Relations
    of the Senate, the Committee on Foreign Affairs of the House of
    Representatives, and the Committee on Appropriations of each House
    of Congress informed respecting any debt relief negotiations with
    foreign governments regarding any debts owing to the United States.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on International Relations of House of Representatives
    changed to Committee on Foreign Affairs, on Feb. 5, 1979, by House
    Resolution No. 89, 96th Congress.


-MISC2-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-
    424, set out as an Effective Date of 1978 Amendment note under
    section 2151 of this title.

                 ACTIONS TO PROVIDE BILATERAL DEBT RELIEF             
      Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title V, Sec. 501],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-311, as amended by Pub. L. 108-
    447, div. D, title V, Sec. 591(b), Dec. 8, 2004, 118 Stat. 3037;
    Pub. L. 109-102, title V, Sec. 578, Nov. 14, 2005, 119 Stat. 2232,
    provided that:
      "(a) Cancellation of Debt. - Subject to the availability of
    amounts provided in advance in appropriations Acts, the President
    shall cancel all amounts owed to the United States (or any agency
    of the United States) by any country eligible for debt reduction
    under this section, as a result of loans made or credits extended
    prior to June 20, 1999, under any of the provisions of law
    specified in subsection (b).
      "(b) Provisions of Law. - The provisions of law referred to in
    subsection (a) are the following:
        "(1) Sections 221 and 222 of the Foreign Assistance Act [of
      1961] [22 U.S.C. 2181, 2182].
        "(2) The Arms Export Control Act (22 U.S.C. 2751 et seq.).
        "(3) Section 5(f) of the Commodity Credit Corporation Charter
      Act [15 U.S.C. 714c(f)], section 201 of the Agricultural Trade
      Act of 1978 (7 U.S.C. 5621), or section 202 of such Act (7 U.S.C.
      5622), or predecessor provisions under the Food for Peace Act of
      1966.
        "(4) Title I of the Agricultural Trade Development and
      Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
        "(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31; 22
      U.S.C. 411 et seq.; commonly known as the 'Lend-Lease Act').
      "(c) Other Debt Reduction Authorities. - The authority provided
    in this section is in addition to any other debt relief authority
    and does not in any way limit such authority.
      "(d) Eligible Countries. - A country that is performing
    satisfactorily under an economic reform program shall be eligible
    for cancellation of debt under this section if - 
        "(1) the country, as of December 31, 2000, is eligible to
      borrow from the International Development Association;
        "(2) the country, as of December 31, 2000, is not eligible to
      borrow from the International Bank for Reconstruction and
      Development; and
        "(3)(A) the country has outstanding public and publicly
      guaranteed debt, the net present value of which on December 31,
      1996, was at least 150 percent of the average annual value of the
      exports of the country for the period 1994 through 1996; or
        "(B)(i) the country has outstanding public and publicly
      guaranteed debt, the net present value of which, as of the date
      the President determines that the country is eligible for debt
      relief under this section, is at least 150 percent of the annual
      value of the exports of the country; or
        "(ii) the country has outstanding public and publicly
      guaranteed debt, the net present value of which, as of the date
      the President determines that the country is eligible for debt
      relief under this section, is at least 250 percent of the annual
      fiscal revenues of the country, and has minimum ratios of exports
      to Gross Domestic Product of 30 percent, and of fiscal revenues
      to Gross Domestic Product of 15 percent.
      "(e) Priority. - In carrying out subsection (a), the President
    should seek to leverage scarce foreign assistance and give priority
    to heavily indebted poor countries with demonstrated need and the
    capacity to use such relief effectively.
      "(f) Exceptions. - A country shall not be eligible for
    cancellation of debt under this section if the government of the
    country - 
        "(1) has an excessive level of military expenditures;
        "(2) has repeatedly provided support for acts of international
      terrorism, as determined by the Secretary of State under section
      6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
      2405(j)(1)) or section 620A(a) of the Foreign Assistance Act of
      1961 (22 U.S.C. 2371(a));
        "(3) is failing to cooperate on international narcotics control
      matters; or
        "(4) (including its military or other security forces), engages
      in a consistent pattern of gross violations of internationally
      recognized human rights.
      "(g) Additional Requirement. - A country which is otherwise
    eligible to receive cancellation of debt under this section may
    receive such cancellation only if the country has committed, in
    connection with a social and economic reform program - 
        "(1) to enable, facilitate, or encourage the implementation of
      policy changes and institutional reforms under economic reform
      programs, in a manner that ensures that such policy changes and
      institutional reforms are designed and adopted through
      transparent and participatory processes;
        "(2) to adopt an integrated development strategy of the type
      described in section 1624(a) of the International Financial
      Institutions Act [22 U.S.C. 262p-7], to support poverty reduction
      through economic growth, that includes monitorable poverty
      reduction goals;
        "(3) to take steps so that the financial benefits of debt
      relief are applied to programs to combat poverty (in particular
      through concrete measures to improve economic infrastructure,
      basic services in education, nutrition, and health, particularly
      treatment and prevention of the leading causes of mortality) and
      to redress environmental degradation;
        "(4) to take steps to strengthen and expand the private sector,
      encourage increased trade and investment, support the development
      of free markets, and promote broad-scale economic growth;
        "(5) to implement transparent policy making and budget
      procedures, good governance, and effective anticorruption
      measures;
        "(6) to broaden public participation and popular understanding
      of the principles and goals of poverty reduction, particularly
      through economic growth, and good governance; and
        "(7) to promote the participation of citizens and
      nongovernmental organizations in the economic policy choices of
      the government.
      "(h) Certain Prohibitions Inapplicable. - Except as the President
    may otherwise determine for reasons of national security, a
    cancellation of debt under this section shall not be considered to
    be assistance for purposes of any provision of law limiting
    assistance to a country. The authority to provide for cancellation
    of debt under this section may be exercised notwithstanding section
    620(r) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(r)],
    or any similar provision of law.
      "(i) Authorization of Appropriations. - For the cost (as defined
    in section 502(5) of the Federal Credit Reform Act of 1990 [2
    U.S.C. 661a(5)]) of the cancellation of any debt under this
    section, there are authorized to be appropriated to the President
    such sums as may be necessary for each of the fiscal years 2000-
    2006, which shall remain available until expended.
      "(j) Annual Reports to the Congress. - Not later than December 31
    of each year, the President shall prepare and transmit to the
    Committees on Banking and Financial Services [now Committee on
    Financial Services], Appropriations, and International Relations of
    the House of Representatives, and the Committees on Banking,
    Housing, and Urban Affairs, Foreign Relations, and Appropriations
    of the Senate a report, which shall be made available to the
    public, concerning the cancellation of debt under subsection (a),
    and a detailed description of debt relief provided by the United
    States as a member of the Paris Club of Official Creditors for the
    prior fiscal year."
      [Pub. L. 108-447, Sec. 591(b), which directed amendment of
    section 501(i) of Public Law 106-113 by substituting "2000-2006"
    for "2003-2004", was executed in section 1000(a)(5) [title V, Sec.
    501] of div. B of Pub. L. 106-113, set out above, by making
    substitution for "2000 through 2004", to reflect the probable
    intent of Congress.]

            NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS        
      Pub. L. 102-391, title V, Sec. 548, Oct. 6, 1992, 106 Stat. 1673,
    provided that: "The Secretary of State shall transmit to the
    Appropriations Committees of the Congress and to such other
    Committees as appropriate, a copy of the text of any agreement with
    any foreign government which would result in any debt relief no
    less than thirty days prior to its entry into force, other than one
    entered into pursuant to this Act, together with a detailed
    justification of the interest of the United States in the proposed
    debt relief: Provided, That the term 'debt relief' shall include
    any and all debt prepayment, debt rescheduling, and debt
    restructuring proposals and agreements: Provided further, That the
    Secretary of State and the Secretary of the Treasury should in
    every feasible instance notify the Appropriations Committees of the
    Congress and such other Committees as appropriate not less than 15
    days prior to any formal multilateral or bilateral negotiation for
    official debt restructuring, rescheduling, or relief: Provided
    further, That the Secretary of State or the Secretary of the
    Treasury, as appropriate, shall report not later than February 1 of
    each year a consolidated statement of the budgetary implications of
    all debt-related agreements entered into force during the preceding
    fiscal year."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 101-513, title V, Sec. 550, Nov. 5, 1990, 104 Stat. 2020.
      Pub. L. 101-167, title V, Sec. 555, Nov. 21, 1989, 103 Stat.
    1237.
      Pub. L. 100-461, title V, Sec. 557, Oct. 1, 1988, 102 Stat. 2268-
    38.
      Pub. L. 100-202, Sec. 101(e) [title V, Sec. 563], Dec. 22, 1987,
    101 Stat. 1329-131, 1329-172.

-End-



-CITE-
    22 USC Sec. 2396                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2396. Availability of funds

-STATUTE-
    (a) General expenditures
      Appropriations for the purposes of or pursuant to this chapter
    (except for subchapter II of this chapter), allocations to any
    agency of the United States Government, from other appropriations,
    for functions directly related to the purposes of this chapter, and
    funds made available for other purposes to the agency primarily
    responsible for administrating subchapter I of this chapter, shall
    be available for:
        (1) rent of buildings and space in buildings in the United
      States, and for repair, alteration, and improvement of such
      leased properties;
        (2) expenses of attendance at meetings concerned with the
      purposes of such appropriations or of this chapter, including
      (notwithstanding the provisions of section 1346(a) and (c) of
      title 31) expenses in connection with meetings of persons whose
      employment is authorized by section 2386 of this title;
        (3) contracting with individuals for personal services abroad:
      Provided, That such individuals shall not be regarded as
      employees of the United States Government for the purpose of any
      law administered by the Civil Service Commission;
        (4) purchase, maintenance, operation, and hire of aircraft:
      Provided, That aircraft for administrative purposes may be
      purchased only as specifically provided for in an appropriation
      or other Act;
        (5) purchase and hire of passenger motor vehicles: Provided,
      That, except as may otherwise be provided in an appropriation or
      other Act, passenger motor vehicles for administrative purposes
      outside the United States may be purchased for replacement only,
      and such vehicles may be exchanged or sold and replaced by an
      equal number of such vehicles, and the cost, including exchange
      allowance, of each such replacement shall not exceed the current
      market price in the United States of a mid-sized sedan or station
      wagon meeting the requirements established by the General
      Services Administration for a Class III vehicle of United States
      manufacture (or, if the replacement vehicle is a right-hand drive
      vehicle, 120 percent of that price) in the case of an automobile
      for the chief of any special mission or staff outside the United
      States established under section 2391 of this title: Provided
      further, That passenger motor vehicles, other than one for the
      official use of the head of the agency primarily responsible for
      administering subchapter I of this chapter, may be purchased for
      use in the United States only as may be specifically provided in
      an appropriation or other Act;
        (6) entertainment (not to exceed $25,000 in any fiscal year
      except as may otherwise be provided in an appropriation or other
      Act);
        (7) exchange of funds without regard to section 3651 (!1) of
      the Revised Statutes (31 U.S.C. 543) and loss by exchange;

        (8) expenditures (not to exceed $50,000 in any fiscal year
      except as may otherwise be provided in an appropriation or other
      Act) of a confidential character other than entertainment:
      Provided, That a certificate of the amount of each such
      expenditure, the nature of which it is considered inadvisable to
      specify, shall be made by the head of the agency primarily
      responsible for administering subchapter I of this chapter or
      such person as he may designate, and every such certificate shall
      be deemed a sufficient voucher for the amount therein specified;
        (9) insurance of official motor vehicles or aircraft acquired
      for use in foreign countries;
        (10) rent or lease outside the United States for not to exceed
      ten years of offices, buildings, grounds, and quarters, including
      living quarters to house personnel, and payments therefor in
      advance; maintenance, furnishings, necessary repairs,
      improvements, and alterations to properties owned or rented by
      the United States Government or made available for use to the
      United States Government outside the United States; and costs of
      fuel, water, and utilities for such properties;
        (11) expenses of preparing and transporting to their former
      homes, or, with respect to foreign participants engaged in any
      program under subchapter I of this chapter, to their former homes
      or places of burial, and of care and disposition of, the remains
      of persons or members of the families of persons who may die
      while such persons are away from their homes participating in
      activities carried out with funds covered by this subsection;
        (12) purchase of uniforms;
        (13) payment of per diem in lieu of subsistence to foreign
      participants engaged in any program under subchapter I of this
      chapter while such participants are away from their homes in
      countries other than the United States, at rates not in excess of
      those prescribed by the standardized Government travel
      regulations, notwithstanding any other provision of law;
        (14) use in accordance with authorities of the Foreign Service
      Act of 1980, as amended (22 U.S.C. 3901 et seq.), not otherwise
      provided for;
        (15) ice and drinking water for use outside the United States;
        (16) services of commissioned officers of the Environmental
      Science Services Administration, and for the purposes of
      providing such services the Environmental Science Services
      Administration may appoint not to exceed twenty commissioned
      officers in addition to those otherwise authorized; (!2)

    (b) Compensation, allowances, and travel of personnel; printing and
      binding; expenditures outside United States
      Funds made available for the purposes of this chapter may be used
    for compensation, allowances, and travel of personnel including
    Foreign Service personnel whose services are utilized primarily for
    the purposes of this chapter, for printing and binding without
    regard to the provisions of any other law, and for expenditures
    outside the United States for the procurement of supplies and
    services and for other administrative and operating purposes (other
    than compensation of personnel) without regard to such laws and
    regulations governing the obligation and expenditure of funds of
    the United States Government as may be necessary to accomplish the
    purposes of this chapter.
    (c) Construction of living quarters, office space, and supporting
      facilities
      Notwithstanding any other law, not to exceed $6,000,000 of the
    funds available for assistance under this chapter may be used in
    any fiscal year (in addition to funds available for such use under
    other authorities in this chapter) to construct or otherwise
    acquire outside the United States (1) essential living quarters,
    office space, and necessary supporting facilities for use of
    personnel carrying out activities authorized by this chapter, and
    (2) schools (including dormitories and boarding facilities) and
    hospitals for use of personnel carrying out activities authorized
    by this chapter, United States Government personnel, and their
    dependents. In addition, funds made available for assistance under
    this chapter may be used, notwithstanding any other law, to equip,
    staff, operate, and maintain such schools and hospitals.
    (d) Education of dependents
      Not to exceed $2,500,000 of the funds available for assistance
    under this chapter may be used in any fiscal year to provide
    assistance, on such terms and conditions as are deemed appropriate,
    to schools established, or to be established, outside the United
    States whenever it is determined that such action would be more
    economical or would best serve the interests of the United States
    in providing for the education of dependents of personnel carrying
    out activities authorized by this chapter and dependents of United
    States Government personnel, in lieu of acquisition or construction
    pursuant to subsection (c) of this section.
    (e) Training costs
      Funds available under this chapter may be used to pay costs of
    training United States citizen personnel employed or assigned
    pursuant to section 2385(d)(2) (!3) of this title (through
    interchange or otherwise) at any State or local unit of government,
    public or private nonprofit institution, trade, labor,
    agricultural, or scientific association or organization, or
    commercial firm; and the provisions of sections 1881 to 1888 (!3)
    of title 7 may be used to carry out the foregoing authority
    notwithstanding that interchange of personnel may not be involved
    or that the training may not take place at the institutions
    specified in sections 1881 to 1888 (!3) of title 7. Such training
    shall not be considered employment or holding of office under
    section 5533 of title 5, and any payments or contributions in
    connection therewith may, as deemed appropriate by the head of the
    agency of the United States Government authorizing such training,
    be made by private or public sources and be accepted by any
    trainee, or may be accepted by and credited to the current
    applicable appropriation of such agency: Provided, however, That
    any such payments to any employee in the nature of compensation
    shall be in lieu, or in reduction, of compensation received from
    the United States Government.

    (f) Assistance in carrying out functions under certain laws
      Funds made available under part I of subchapter I of this chapter
    may be used for expenses (other than those provided for under
    section 2397(a) of this title) to assist in carrying out functions
    under part I of subchapter I of this chapter, under the
    Agricultural Trade Development and Assistance Act of 1954, as
    amended [7 U.S.C. 1691 et seq.], and under the Latin American
    Development Act, as amended, performed by the agency primarily
    responsible for administering subchapter I of this chapter or by
    the Corporation established under subpart IV of part II of
    subchapter I of this chapter with respect to loan activities which
    it carries out under the provisions of the Agricultural Trade
    Development and Assistance Act of 1954, as amended.
    (g) Administrative, extraordinary, and operating expenses;
      reimbursement of military officers; training of foreign military
      personnel
      Funds made available for the purposes of subchapter II of this
    chapter or the Arms Export Control Act [22 U.S.C. 2751 et seq.]
    shall be available for - 
        (1) administrative, extraordinary (not to exceed $300,000 in
      any fiscal year), and operating expenses incurred in furnishing
      defense articles, military education and training and defense
      services on a grant or sales basis by the agency primarily
      responsible for administering subchapter II of this chapter;
        (2) reimbursement of actual expenses of military officers
      detailed or assigned as tour directors in connection with
      orientation visits of foreign military and related civilian
      personnel, in accordance with provisions of section 5702 of title
      5, applicable to civilian officers and employees; and
        (3) maintenance, repair, alteration and furnishing of United
      States-owned facilities in the District of Columbia or elsewhere
      for the training of foreign military and related civilian
      personnel, without regard to the provisions of section 12 of
      title 41 or other provision of law requiring a specific
      authorization or specific appropriation for such public
      contracts.
    (h) Recipient countries to contribute local currencies; utilization
      of foreign currencies owned by United States
      In carrying out programs under this chapter, the President shall
    take all appropriate steps to assure that, to the maximum extent
    possible, (1) countries receiving assistance under this chapter
    contribute local currencies to meet the cost of contractual and
    other services rendered in conjunction with such programs, and (2)
    foreign currencies owned by the United States are utilized to meet
    the costs of such contractual and other services.
    (i) Financing motor vehicle transactions; waiver of domestic
      manufacturing restriction
      Notwithstanding section 2399a (!4) of this title or any other
    provision of this chapter, none of the funds made available to
    carry out this chapter shall be used to finance the purchase, sale,
    long-term lease, exchange, or guaranty of a sale of motor vehicles
    unless such motor vehicles are manufactured in the United States:
    Provided, That where special circumstances exist the President is
    authorized to waive the provisions of this section in order to
    carry out the purposes of this chapter.


-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 636, Sept. 4, 1961, 75 Stat. 457;
    Pub. L. 88-205, pt. III, Sec. 302(f), Dec. 16, 1963, 77 Stat. 389;
    Pub. L. 89-171, pt. III, Sec. 302(h), Sept. 6, 1965, 79 Stat. 660;
    Pub. L. 90-137, pt. III, Sec. 302(j)-(o), Nov. 14, 1967, 81 Stat.
    461, 462; Pub. L. 90-554, pt. III, Sec. 302(d), Oct. 8, 1968, 82
    Stat. 965; Pub. L. 91-175, pt. III, Sec. 306, Dec. 30, 1969, 83
    Stat. 821; Pub. L. 94-329, title I, Sec. 106(b)(5), June 30, 1976,
    90 Stat. 733; Pub. L. 95-424, title I, Sec. 102(g)(2)(H)-(J), title
    V, Sec. 505, Oct. 6, 1978, 92 Stat. 943, 960; Pub. L. 99-83, title
    XII, Sec. 1211(b)(1), Aug. 8, 1985, 99 Stat. 279; Pub. L. 99-234,
    title I, Sec. 107(b), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 99-550,
    Sec. 2(b), Oct. 27, 1986, 100 Stat. 3070; Pub. L. 100-202, Sec.
    101(e) [title II, Sec. 201], Dec. 22, 1987, 101 Stat. 1329-131,
    1329-141; Pub. L. 101-167, title III, Nov. 21, 1989, 103 Stat.
    1214; Pub. L. 107-372, title II, Sec. 271(7), Dec. 19, 2002, 116
    Stat. 3094.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) to (e), (h), and (i),
    was in the original "this Act", meaning Pub. L. 87-195, Sept. 4,
    1961, 75 Stat. 424, as amended, known as the Foreign Assistance Act
    of 1961. For complete classification of this Act to the Code, see
    Short Title note set out under section 2151 of this title and
    Tables.
      Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to
    in subsec. (a)(7), was repealed by Pub. L. 97-258, Sec. 5(b), Sept.
    13, 1982, 96 Stat. 1068, the first section of which enacted Title
    31, Money and Finance.
      The Foreign Service Act of 1980, referred to in subsec. (a)(14),
    is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which
    is classified principally to chapter 52 (Sec. 3901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 3901 of this title and
    Tables.
      Section 2385(d) of this title, referred to in subsec. (e), was
    amended by Pub. L. 96-465, title II, Sec. 2203(a), Oct. 17, 1980,
    94 Stat. 2158, and as so amended does not contain a par. (2).
      Sections 1881 to 1888 of title 7, referred to in subsec. (e),
    which related to the interchange of Department of Agriculture and
    State employees, were repealed by Pub. L. 91-648, title IV, Sec.
    403, Jan. 5, 1971, 84 Stat. 1925. See section 3371 et seq. of Title
    5, Government Organization and Employees.
      The Agricultural Trade Development and Assistance Act of 1954, as
    amended, referred to in subsec. (f), is act July 10, 1954, ch. 469,
    68 Stat. 454, as amended, which is classified principally to
    chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1691 of Title 7, and Tables.
      The Latin American Development Act, as amended, referred to in
    subsec. (f), is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as
    amended, which enacted sections 1942 to 1945 of this title and
    amended section 1753a of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1942 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (g), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.
      Section 2399a of this title, referred to in subsec. (i), was
    repealed by Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22, 1968, 82
    Stat. 1327. See section 2753(a)(1) of this title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
     SUBCHAPTER II, AND REFERENCES TO SUBCHAPTER II DEEMED TO EXCLUDE
                                SUCH PARTS
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      In subsec. (a)(2), "section 1346(a) and (c) of title 31"
    substituted for "section 9 of Public Law 60-328 (31 U.S.C. 673))"
    on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC2-
                                AMENDMENTS                            
      2002 - Subsec. (a)(17). Pub. L. 107-372 struck out par. (17)
    which read as follows: "expenses in connection with travel of
    personnel outside the United States, including travel expenses of
    dependents (including expenses during necessary stopovers while
    engaged in such travel), and transportation of personal effects,
    household goods, and automobiles of such personnel when any part of
    such travel or transportation begins in one fiscal year pursuant to
    travel orders issued in that fiscal year, notwithstanding the fact
    that such travel or transportation may not be completed during the
    same fiscal year, and cost of transporting automobiles to and from
    a place of storage, and the cost of storing automobiles of such
    personnel when it is in the public interest or more economical to
    authorize storage."
      1989 - Subsec. (g). Pub. L. 101-167 inserted "or the Arms Export
    Control Act" after "subchapter II of this chapter" in introductory
    provisions.
      1987 - Subsec. (c). Pub. L. 100-202 substituted "$6,000,000" for
    "$3,000,000".
      1986 - Subsec. (a)(5). Pub. L. 99-550 struck out "(without regard
    to the limitations contained in section 5 of Public Law 63-127, as
    amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85-
    468 (31 U.S.C. 638c))" after "official use".
      Subsec. (g)(2). Pub. L. 99-234 substituted "5702" for "5702(c)".
      1985 - Subsec. (a)(14). Pub. L. 99-83 substituted reference to
    Foreign Service Act of 1980 for reference to Foreign Service Act of
    1946.
      1978 - Subsec. (a)(5). Pub. L. 95-424, Sec. 505, substituted "the
    current market price in the United States of a mid-sized sedan or
    station wagon meeting the requirements established by the General
    Services Administration for a Class III vehicle of United States
    manufacture (or, if the replacement vehicle is a right hand drive
    vehicle, 120 percent of that price)" for "$3,500".
      Subsec. (c). Pub. L. 95-424, Sec. 102(g)(2)(H), struck out
    "(other than subpart I of part II of subchapter I of this chapter)"
    after "under this chapter" in two places.
      Subsecs. (d), (e). Pub. L. 95-424, Sec. 102(g)(2)(I), struck out
    "(other than subpart I of part II of subchapter I of this chapter)"
    after "under this chapter".
      Subsec. (f). Pub. L. 95-424, Sec. 102(g)(2)(J), substituted
    "available under part I of subchapter I of this chapter" for
    "section 2172 of this title", and "functions under part I" for
    "functions under subpart I of part II".
      1976 - Subsec. (g)(1). Pub. L. 94-329, Sec. 106(b)(5)(A),
    inserted "military education and training" after "articles".
      Subsec. (g)(2), (3). Pub. L. 94-329, Sec. 106(b)(5)(B),
    substituted "and related civilian personnel" for "personnel".
      1969 - Subsec. (f). Pub. L. 91-175 added Corporation established
    under sections 2191 to 2200a of this title to the enumeration of
    agencies administering programs.
      1968 - Subsec. (g)(1). Pub. L. 90-554 required that when funds
    are made available for operating expenses, such expenses be
    incurred in furnishing defense articles and defense services on a
    grant or sales basis by the agency primarily responsible for
    administering subchapter II of this chapter.
      1967 - Subsec. (a)(5). Pub. L. 90-137, Sec. 302(j), substituted
    "section 638a(c)(2) and section 638c of title 31" for "section
    78a(c)(2) and section 78a-1 of title 5".
      Subsec. (a)(16). Pub. L. 90-137, Sec. 302(k), substituted
    "Environmental Science Services Administration" for "Coast and
    Geodetic Survey" in two places.
      Subsec. (d). Pub. L. 90-137, Sec. 302(l), increased limitation on
    funds available for education of dependents from $1,500,000 to
    $2,500,000.
      Subsec. (e). Pub. L. 90-137, Sec. 302(m), substituted reference
    to section 5533 of title 5 for section 301 of the Dual Compensation
    Act (5 U.S.C. 3105).
      Subsec. (g)(2). Pub. L. 90-137, Sec. 302(n), substituted
    reference to section 5702(c) of title 5 for former section 836 of
    title 5.
      Subsec. (i). Pub. L. 90-137, Sec. 302(o), added subsec. (i).
      1965 - Subsec. (e). Pub. L. 89-171, Sec. 302(h)(1), substituted
    "section 301 of the Dual Compensation Act (5 U.S.C. 3105)" for
    "section 2 of the Act of July 31, 1894, as amended (5 U.S.C. 62)".
      Subsec. (f). Pub. L. 89-171, Sec. 302(h)(2), substituted "Latin
    American Development Act, as amended" for "Act to provide for
    assistance in the development of Latin America and in the
    reconstruction of Chile, and for other purposes".
      1963 - Subsec. (h). Pub. L. 88-205 added subsec. (h).

-CHANGE-
                              CHANGE OF NAME                          
      Commissioned Officer Corps of the Environmental Science Services
    Administration changed to Commissioned Officer Corps of the
    National Oceanic and Atmospheric Administration, see 1970 Reorg
    Plan No. 4, Sec. 4(d), eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat.
    2090, set out in the Appendix to Title 5, Government Organization
    and Employees.


-MISC3-
                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-234 effective (1) on effective date of
    regulations to be promulgated not later than 150 days after Jan. 2,
    1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first,
    see section 301(a) of Pub. L. 99-234, set out as a note under
    section 5701 of Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

               

    (!2) So in original. The semicolon probably should be a period.

    (!3) See References in Text note below.

    (!4) See References in Text note below.


-End-



-CITE-
    22 USC Sec. 2396a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2396a. Property Management Fund

-STATUTE-
      (a) The proceeds of overseas property acquired by the Agency for
    International Development under the authority of section 2396(c) of
    this title may be deposited in a separate fund, which shall be
    known as the Property Management Fund. Such proceeds shall be
    available for use only for the purposes of section 2396(c) of this
    title, and shall remain available until expended. The Administrator
    of the Agency for International Development shall report all uses
    of funds deposited into the Property Management Fund as part of the
    annual Congressional Presentation materials submitted by the Agency
    for International Development.
      (b) The provisions of subsection (a) of this section shall be
    applicable to property acquired prior to November 5, 1990, and at
    any time thereafter.

-SOURCE-
    (Pub. L. 101-513, title V, Sec. 585, Nov. 5, 1990, 104 Stat. 2047.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1991, and not
    as part of the Foreign Assistance Act of 1961 which comprises this
    chapter.

-End-



-CITE-
    22 USC Sec. 2397                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2397. Administrative expenses

-STATUTE-
      (a) Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978,
    92 Stat. 961.
      (b) There is authorized to be appropriated such amounts as may be
    necessary from time to time for administrative expenses which are
    incurred for functions of the Department of State under this
    chapter and unrepealed provisions of the Mutual Security Act of
    1954, as amended, or for normal functions of the Department of
    State which relate to such functions.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 637, Sept. 4, 1961, 75 Stat. 460;
    Pub. L. 87-565, pt. III, Sec. 302(h), Aug. 1, 1962, 76 Stat. 262;
    Pub. L. 88-205, pt. III, Sec. 302(g), Dec. 16, 1963, 77 Stat. 389;
    Pub. L. 88-633, pt. III, Sec. 302(c), Oct. 7, 1964, 78 Stat. 1014;
    Pub. L. 89-171, pt. III, Sec. 302(i), Sept. 6, 1965, 79 Stat. 661;
    Pub. L. 89-583, pt. III, Sec. 302(e), Sept. 19, 1966, 80 Stat. 808;
    Pub. L. 90-137, pt. III, Sec. 302(p), Nov. 14, 1967, 81 Stat. 462;
    Pub. L. 90-554, pt. III, Sec. 302(e), Oct. 8, 1968, 82 Stat. 965;
    Pub. L. 91-175, pt. III. Sec. 307, Dec. 30, 1969, 83 Stat. 821;
    Pub. L. 92-226, pt. III, Sec. 303, Feb. 7, 1972, 86 Stat. 28; Pub.
    L. 93-189, Sec. 18, Dec. 17, 1973, 87 Stat. 724; Pub. L. 95-424,
    title VI, Sec. 604, Oct. 6, 1978, 92 Stat. 961.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Mutual Security Act of 1954, referred to in subsec. (b), is
    act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts July
    8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11,
    70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,
    1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205,
    ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261;
    July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II,
    Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec.
    401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I
    to V, 74 Stat. 134, which was principally classified to chapter 24
    (Sec. 1750 et seq.) of this title and which was repealed by act
    July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141,
    Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86-
    108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat.
    250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14, 1960, 74
    Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961,
    75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1), June 30,
    1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228, Apr. 4,
    1996, 110 Stat. 963, except for sections 1754, 1783, 1796, 1853,
    1928, and 1937 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1754 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (a). Pub. L. 95-424 struck out subsec. (a) which
    authorized appropriations for necessary administrative expenses of
    the agency primarily responsible for administering subchapter I of
    this chapter.
      1973 - Subsec. (a). Pub. L. 93-189 substituted "for each of the
    fiscal years 1974 and 1975, $45,000,000", for "for the fiscal year
    1972, $50,000,000, and for the fiscal year 1973, $50,000,000".
      1972 - Subsec. (a). Pub. L. 92-226 authorized appropriations of
    $50,000,000 for fiscal years 1972 and 1973, and struck out
    appropriation authorization of $51,125,000 for fiscal years 1970
    and 1971.
      1969 - Subsec. (a). Pub. L. 91-175 substituted "fiscal year 1970,
    $51,125,000, and for the fiscal year 1971, $51,125,000" for "fiscal
    year 1969, $53,000,000".
      1968 - Subsec. (a). Pub. L. 90-554 substituted "1969" and
    "$53,000,000" for "1968" and "$55,814,000", respectively, and
    required a reduction in number of personnel, particularly
    administrative personnel, to keep within reduced funds for fiscal
    year 1969, excepting therefrom auditing or training activities.
      1967 - Subsec. (a). Pub. L. 90-137 substituted "1968" and
    "$55,814,000" for "1967" and "$55,813,500", respectively.
      1966 - Subsec. (a). Pub. L. 89-583 substituted "1967" and
    "$55,813,500" for "1966" and "54,240,000," respectively.
      1965 - Subsec. (a). Pub. L. 89-171 substituted "1966" and
    "$54,200,000" for "1965" and "$52,500,000", respectively.
      1964 - Subsec. (a). Pub. L. 88-633 substituted "1965" and
    "$52,500,000" for "1964" and "$54,000,000", respectively.
      1963 - Subsec. (a). Pub. L. 88-205 substituted "1964" and
    "$54,000,000" for "1963" and "$53,000,000", respectively.
      1962 - Subsec. (a). Pub. L. 87-565, Sec. 302(h)(1), substituted
    "1963" and "$53,000,000" for "1962" and "$50,000,000",
    respectively.
      Subsec. (b). Pub. L. 87-565, Sec. 302(h)(2), struck out "to the
    Secretary of State" after "authorized to be appropriated."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2398                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2398. Assistance to countries pursuant to other statutes

-STATUTE-
      (a) No provision of this chapter shall be construed to prohibit
    assistance to any country pursuant to the Peace Corps Act, as
    amended [22 U.S.C. 2501 et seq.]; the Mutual Educational and
    Cultural Exchange Act of 1961, as amended [22 U.S.C. 2451 et seq.];
    or the Export-Import Bank Act of 1945, as amended [12 U.S.C. 635 et
    seq.].
      (b) No provision of this chapter or any other provision of law
    shall be construed to prohibit assistance for any training activity
    which is funded under this chapter for Brazil or Argentina as long
    as such country continues to have a democractically (!1) elected
    government and the assistance is otherwise consistent with sections
    2151n, 2304, 2370(f), 2371, and 2420 of this title.


-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 638, as added Pub. L. 88-205, pt.
    III, Sec. 302(h), Dec. 16, 1963, 77 Stat. 389; amended Pub. L. 89-
    171, pt. III, Sec. 302(j), Sept. 6, 1965, 79 Stat. 661; Pub. L. 93-
    189, Sec. 19, Dec. 17, 1973, 87 Stat. 725; Pub. L. 100-202, Sec.
    101(e) [title V, Sec. 588(a)], Dec. 22, 1987, 101 Stat. 1329-131,
    1329-186.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Peace Corps Act, as amended, referred to in subsec. (a), is
    Pub. L. 87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
    classified principally to chapter 34 (Sec. 2501 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2501 of this title and
    Tables.
      The Mutual Educational and Cultural Exchange Act of 1961, as
    amended, referred to in subsec. (a), is Pub. L. 87-256, Sept. 21,
    1961, 75 Stat. 527, as amended, which is classified principally to
    chapter 33 (Sec. 2451 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2451 of this title and Tables.
      The Export-Import Bank Act of 1945, as amended, referred to in
    subsec. (a), is act July 31, 1945, ch. 341, 59 Stat. 526, as
    amended, which is classified generally to chapter 6A (Sec. 635 et
    seq.) of Title 12, Banks and Banking. For complete classification
    of this Act to the Code, see Short Title note set out under section
    635 of Title 12 and Tables.


-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-202 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1973 - Pub. L. 93-189 amended section catchline.
      1965 - Pub. L. 89-171 struck out provisions which prohibited any
    provision of this chapter from being construed to prohibit famine
    or disaster relief, including such relief through voluntary
    agencies, under sections 1721 to 1724 of title 7.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 101(e) [title V, Sec. 588(b)] of Pub. L. 100-202 provided
    that: "The amendment made by subsection (a)(2) [amending this
    section] does not apply with respect to funds appropriated prior to
    the date of enactment of this Act [Dec. 22, 1987]."

-FOOTNOTE-
    (!1) So in original. Probably should be "democratically".


-End-



-CITE-
    22 USC Sec. 2399                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2399. Repealed.

-MISC1-
    Sec. 2399. Repealed. Pub. L. 94-161, title I, Sec. 101(6), Dec. 20,
      1975, 89 Stat. 850.
      Section, Pub. L. 87-195, pt. III, Sec. 639, as added Pub. L. 80-
    171, pt. III, Sec. 302(k), Sept. 6, 1965, 79 Stat. 661; amended
    Pub. L. 93-559, Sec. 28(a), Dec. 30, 1974, 88 Stat. 1803, provided
    for famine or disaster relief, authorized appropriation of
    $40,000,000 for fiscal year 1975, and required Presidential reports
    to Committees of the Senate and Speaker of the House. See sections
    2292 and 2292a of this title.

-End-



-CITE-
    22 USC Secs. 2399-1a, 2399-1b                               01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Secs. 2399-1a, 2399-1b. Transferred

-COD-
                               CODIFICATION                           
      Section 2399-1a, Pub. L. 87-195, pt. 1, Sec. 494A, formerly pt.
    III, Sec. 639A, as added Pub. L. 93-189, Sec. 20, Dec. 17, 1973, 87
    Stat. 725; amended Pub. L. 93-333, Sec. 3, July 8, 1974, 88 Stat.
    290 renumbered pt. 1, Sec. 494A, Pub. L. 94-161, title I, Sec.
    101(5), Dec. 20, 1975, 89 Stat. 850, which related to famine and
    disaster relief to drought stricken African nations, was
    transferred to section 2292d of this title.
      Section 2399-1b, Pub. L. 87-195, pt. I, Sec. 494B, formerly pt.
    III, Sec. 639B, as added Pub. L. 93-189, Sec. 20, Dec. 13, 1973, 87
    Stat. 725; renumbered pt. 1, Sec. 494B, and amended Pub. L. 94-161,
    title I, Sec. 101(5), (7), Dec. 20, 1975, 89 Stat. 850, which
    related to an African Development program, was transferred to
    section 2292e of this title.

-End-



-CITE-
    22 USC Sec. 2399a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2399a. Repealed.

-MISC1-
    Sec. 2399a. Repealed. Pub. L. 90-629, ch. 4, Sec. 45(a), Oct. 22,
      1968, 82 Stat. 1327.
      Section, Pub. L. 87-195, pt. III, Sec. 640, as added Pub. L. 89-
    171, pt. III, Sec. 302(k), Sept. 6, 1965, 79 Stat. 661; amended
    Pub. L. 90-137, pt. III, Sec. 302(q), Nov. 14, 1967, 81 Stat. 462,
    related to military sales. See section 2753(a)(1) of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective July 1, 1968, see section 41 of Pub. L. 90-629,
    set out as an Effective Date note under section 2751 of this title.

                             SAVINGS PROVISION                         
      Determinations, authorizations, regulations, orders, contracts,
    agreements, and other actions issued, undertaken, or entered into
    under authority of any provision of former section 2399a of this
    title as continuing in full force and effect until modified by
    appropriate authority, see section 46 of Pub. L. 90-629, set out as
    a note under section 2341 of this title.

-End-



-CITE-
    22 USC Sec. 2399b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2399b. False claims and ineligible commodities

-STATUTE-
    (a) Penalties; costs
      Any person who makes or causes to be made or presents or causes
    to be presented to any bank or other financial institution or to
    any officer, agent, or employee of any agency of the United States
    Government a claim for payment from funds made available under this
    chapter for the purposes of furnishing assistance and who knows the
    claim to be false, fraudulent, or fictitious or to cover a
    commodity or commodity-related service determined by the President
    to be ineligible for payment from funds made available under this
    chapter, or who uses to support his claim any certification,
    statement, or entry on any contract, abstract, bill of lading,
    Government or commercial invoice, or Government form, which he
    knows, or in the exercise of prudent business management should
    know, to contain false, fraudulent, or fictitious information, or
    who uses or engages in any other fraudulent trick, scheme, or
    device for the purpose of securing or obtaining, or aiding to
    secure or obtain, for any person any benefit or payment from funds
    so made available under this chapter in connection with the
    negotiation, procurement, award, or performance of a contract
    financed with funds so made available under this chapter, and any
    person who enters into an agreement, combination, or conspiracy so
    to do, (1) shall pay to the United States an amount equal to 25 per
    centum of any amount thereby sought to be wrongfully secured or
    obtained but not actually received, and (2) shall forfeit and
    refund any payment, compensation, loan, commission, or advance
    received as a result thereof, and (3) shall, in addition, pay to
    the United States for each such act (A) the sum of $2,000 and
    double the amount of any damage which the United States may have
    sustained by reason thereof, or (B) an amount equal to 50 per
    centum of any such payment, compensation, loan, commission, or
    advance so received, whichever is the greater, together with the
    costs of suit.
    (b) Recovery of penalties; procedure; finality of withholding of
      funds; recovery of withheld funds; limitation period
      In order to secure recovery under this section, the President
    may, as he deems appropriate, (1) institute suit in the United
    States district court for any judicial district in which the person
    alleged to have performed or participated in an act described by
    this section may reside or may be found, and (2) upon posting by
    registered mail to such person a notice of claim describing the
    basis therefor and identifying the funds to be withheld, withhold
    from funds owed by any agency of the United States Government to
    such person an amount equal to the refund, damages, liquidated
    damages, and exemplary damages claimed by the United States under
    this section. Any such withholding of funds from any person shall
    constitute a final determination of the rights and liabilities of
    such person under this section with respect to the amount so
    withheld, unless within one year of receiving the notice of claim
    such person brings suit for recovery, which is hereby authorized,
    against the United States in any United States district court.
    (c) "Person" defined
      For purposes of this section, the term "person" includes any
    individual, corporation, partnership, association, or other legal
    entity.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 640A, as added Pub. L. 90-554, pt.
    III, Sec. 302(f), Oct. 8, 1968, 82 Stat. 965.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2399c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2399c. Coordination of policies and programs

-STATUTE-
    (a) Development Coordination Committee established
      The President shall establish a system for coordination of United
    States policies and programs which affect United States interests
    in the development of low-income countries. To that end, the
    President shall establish a Development Coordination Committee
    which shall advise him with respect to coordination of United
    States policies and programs affecting the development of the
    developing countries, including programs of bilateral and
    multilateral development assistance. The Committee shall include
    the head of the agency primarily responsible for administering
    subchapter I of this chapter, Chairman, and representatives of the
    Departments of State, Treasury, Commerce, Agriculture, Energy, and
    Labor, the Executive Office of the President, and other executive
    departments and agencies, as the President shall designate. The
    Committee shall advise the President concerning the degree to which
    bilateral and multilateral development assistance should focus on
    critical problems in those functional sectors which affect the
    lives of the majority of people in the developing countries: food
    production; rural development and nutrition; population planning
    and health; and education, public administration, and human
    resource development.
    (b) Procedures to assure coordination
      The President shall prescribe appropriate procedures to assure
    coordination among - 
        (1) the various departments and agencies of the United States
      Government having representatives in diplomatic missions abroad;
      and
        (2) representatives of the United States Government in each
      country, under the direction of the Chief of the United States
      Diplomatic Mission.

    The President shall keep the Congress advised of his actions under
    this subsection.
    (c) Guidance of Secretary of State
      Programs authorized by this chapter shall be undertaken with the
    foreign policy guidance of the Secretary of State.
    (d) Repealed. Pub. L. 95-424, title V, Sec. 502(d)(1), Oct. 6,
      1978, 92 Stat. 959
    (e) Temporary assignment of employees
      The head of any of the departments or agencies referred to in
    subsection (a) of this section may temporarily assign, upon the
    request of the Chairman, any employee from such department or
    agency to the staff of the Committee.
    (f) Studies
      To carry out the purposes of subsection (a) of this section, the
    Committee shall - 
        (1) prepare studies on various development problems;
        (2) devise implementation strategies on developmental problems
      appropriate to each such department or agency;
        (3) monitor and evaluate the results of the development
      activities of each such department or agency; and
        (4) arrange for the exchange of information and studies between
      such agencies and departments.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 640B, as added Pub. L. 93-189, Sec.
    21, Dec. 17, 1973, 87 Stat. 725; amended Pub. L. 95-88, title I,
    Sec. 127, Aug. 3, 1977, 91 Stat. 542; Pub. L. 95-424, title V, Sec.
    502(d), Oct. 6, 1978, 92 Stat. 959; Pub. L. 96-53, title I, Sec.
    118, Aug. 14, 1979, 93 Stat. 365; Pub. L. 97-113, title VII, Sec.
    734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1981 - Subsec. (g). Pub. L. 97-113 struck our subsec. (g) which
    required annual reports to Congress by the Chairman of the
    Development Coordination Committee on the activities of the
    Committee respecting aid to low-income countries. See section
    2394(a) of this title.
      1979 - Subsec. (a). Pub. L. 96-53 inserted reference to
    Department of Energy.
      1978 - Subsec. (d). Pub. L. 95-424, Sec. 502(d)(1), struck out
    subsec. (d) relating to annual reports to Congress by the President
    on United States actions affecting the development of less
    developed countries.
      Subsec. (g). Pub. L. 95-424, Sec. 502(d)(2), substituted "section
    2394 of this title, the Chairman of the Committee" for "subsection
    (d) of this section, the President".
      1977 - Subsec. (a). Pub. L. 95-88, Sec. 127(a), provided that the
    Committee advise the President concerning the degree to which
    bilateral and multilateral development assistance should focus on
    critical problems in those functional sectors which affect the
    lives of the majority of people in the developing countries: food
    production; rural development and nutrition; population planning
    and health; and education, public administration, and human
    resource development.
      Subsec. (d). Pub. L. 95-88, Sec. 127(b), substituted "less
    developed countries" for "low-income countries" in the description
    of the subject matter of the Presidential reports to Congress,
    designated existing provisions setting out the subject matter of
    the reports as cl. (2)(A), and added cls. (1) and (2)(B).
      Subsecs. (e) to (g). Pub. L. 95-88, Sec. 127(c), added subsecs.
    (e) to (g).

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    22 USC Sec. 2399d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part II - Administrative Provisions

-HEAD-
    Sec. 2399d. Shipping differential

-STATUTE-
      For the purpose of facilitating implementation of section 55305
    of title 46, funds made available for the purposes of part I of
    subchapter I of this chapter or for purposes of part IV of
    subchapter II of this chapter may be used to make grants to
    recipients to pay all or any portion of such differential as is
    determined by the Secretary of Commerce to exist between United
    States and foreign-flag vessel charter or freight rates. Grants
    made under this section shall be paid with United States-owned
    foreign currencies wherever feasible.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 640C, as added Pub. L. 93-189, Sec.
    21, Dec. 17, 1973, 87 Stat. 726; amended Pub. L. 96-533, title VII,
    Sec. 708, Dec. 16, 1980, 94 Stat. 3159.)


-MISC1-
            REFERENCES TO PART I DEEMED TO INCLUDE SECTION 2293        
      References to part I of subchapter I of this chapter are deemed
    to include a reference to section 2293 of this title. See section
    2293(d)(1) of this title.

-COD-
                               CODIFICATION                           
      In text, "section 55305 of title 46" substituted for "section
    901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b))" on
    authority of Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat.
    1709, which Act enacted section 55305 of Title 46, Shipping.


-MISC2-
                                AMENDMENTS                            
      1980 - Pub. L. 96-533 substituted "part IV of subchapter II of
    this chapter" for "subchapter IV of this chapter".

-End-


-CITE-
    22 USC Part III - Miscellaneous Provisions                  01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
                    PART III - MISCELLANEOUS PROVISIONS                

-End-



-CITE-
    22 USC Sec. 2401                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2401. Effective date; identification of programs

-STATUTE-
      This chapter shall take effect on September 4, 1961. Programs
    under this chapter shall be identified appropriately overseas as
    "American Aid".

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 641, Sept. 4, 1961, 75 Stat. 460.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-End-



-CITE-
    22 USC Sec. 2402                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2402. Saving provisions

-STATUTE-
    (a) Determinations, authorizations, regulations, orders, contracts,
      agreements, etc., under prior law
      Except as may be expressly provided to the contrary in this
    chapter, all determinations, authorizations, regulations, orders,
    contracts, agreements, and other actions issued, undertaken, or
    entered into under authority of any provision of law repealed by
    section 642(a) and the Foreign Assistance Act of 1969 shall
    continue in full force and effect until modified by appropriate
    authority.
    (b) Compliance with similar provisions of prior law as compliance
      with this chapter
      Wherever provisions of this chapter establish conditions which
    must be complied with before use may be made of authority contained
    in, or funds authorized by, this chapter, compliance with, or
    satisfaction of, substantially similar conditions under Acts listed
    in section 642(a) and the Foreign Assistance Act of 1969 or Acts
    repealed by those Acts shall be deemed to constitute compliance
    with the conditions established by this chapter.
    (c) Continued availability of funds appropriated pursuant to prior
      law
      Funds made available pursuant to provisions of law repealed by
    section 642(a)(2) and the Foreign Assistance Act of 1969 shall,
    unless otherwise authorized or provided by law, remain available
    for their original purposes in accordance with the provisions of
    law originally applicable thereto, or in accordance with the
    provisions of law currently applicable to those purposes.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 643, Sept. 4, 1961, 75 Stat. 460;
    Pub. L. 87-565, pt. III, Sec. 303(a), Aug. 1, 1962, 76 Stat. 263;
    Pub. L. 91-175, pt. III, Sec. 308, Dec. 30, 1969, 83 Stat. 821.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      Section 642(a), referred to in text, means section 642(a) of Pub.
    L. 87-195, which is set out as a note under section 2151 of this
    title.
      The Foreign Assistance Act of 1969, referred to in subsecs. (a)
    to (c), is Pub. L. 91-175, Dec. 30, 1969, 83 Stat. 805, as amended.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1969 - Subsec. (a). Pub. L. 91-175 inserted "and Foreign
    Assistance Act of 1969" after "section 642(a)," and "section
    642(a)(2)".
      1962 - Subsec. (d). Pub. L. 87-565 repealed subsec. (d) which
    provided that nothing in the chapter was to affect the Peace Corps
    pending enactment of the Peace Corps Act or adjournment of the
    first session of the 87th Congress, whichever was earlier.

-End-



-CITE-
    22 USC Sec. 2403                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2403. Definitions

-STATUTE-
      As used in this chapter - 
      (a) "Agency of the United States Government" includes any agency,
    department, board, wholly or partly owned corporation,
    instrumentality, commission, or establishment of the United States
    Government.
      (b) "Armed Forces" of the United States means the Army, Navy, Air
    Force, Marine Corps, and Coast Guard.
      (c) "Commodity" includes any material, article, supply, goods, or
    equipment used for the purposes of furnishing nonmilitary
    assistance.
      (d) "Defense article" includes - 
        (1) any weapon, weapons system, munition, aircraft, vessel,
      boat or other implement of war;
        (2) any property, installation, commodity, material, equipment,
      supply, or goods used for the purposes of furnishing military
      assistance;
        (3) any machinery, facility, tool, material supply, or other
      item necessary for the manufacture, production, processing
      repair, servicing, storage, construction, transportation,
      operation, or use of any article listed in this subsection; or
        (4) any component or part of any article listed in this
      subsection; but

    shall not include merchant vessels or, as defined by the Atomic
    Energy Act of 1954, as amended (42 U.S.C. 2011), source material
    (except uranium depleted in the isotope 235 which is incorporated
    in defense articles solely to take advantage of high density or
    pyrophoric characteristics unrelated to radioactivity), by-product
    material, special nuclear material, production facilities,
    utilization facilities, or atomic weapons or articles involving
    Restricted Data.
      (e) "Defense information" includes any document, writing, sketch,
    photograph, plan, model, specification, design, prototype, or other
    recorded or oral information relating to any defense article or
    defense service, but shall not include Restricted Data as defined
    by the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et
    seq.], and data removed from the Restricted Data category under
    section 142d of that Act [42 U.S.C. 2162(d)].
      (f) "Defense service" includes any service, test, inspection,
    repair, publication, or technical or other assistance or defense
    information used for the purposes of furnishing military
    assistance, but does not include military educational and training
    activities under part V of subchapter II of this chapter.
      (g) "Excess defense articles" means the quantity of defense
    articles (other than construction equipment, including tractors,
    scrapers, loaders, graders, bulldozers, dump trucks, generators,
    and compressors) owned by the United States Government, and not
    procured in anticipation of military assistance or sales
    requirements, or pursuant to a military assistance or sales order,
    which is in excess of the Approved Force Acquisition Objective and
    Approved Force Retention Stock of all Department of Defense
    Components at the time such articles are dropped from inventory by
    the supplying agency for delivery to countries or international
    organizations under this chapter.
      (h) "Function" includes any duty, obligation, power, authority,
    responsibility, right, privilege, discretion, or activity.
      (i) Repealed. Pub. L. 93-189, Sec. 22(2), Dec. 17, 1973, 87 Stat.
    726.
      (j) "Officer or employee" means civilian personnel and members of
    the Armed Forces of the United States Government.
      (k) "Services" include any service, repair, training of
    personnel, or technical or other assistance or information used for
    the purposes of furnishing nonmilitary assistance.
      (l) "Surplus agricultural commodity" means any agricultural
    commodity or product thereof, class, kind, type, or other
    specification thereof, produced in the United States, either
    publicly or privately owned, which is in excess of domestic
    requirements, adequate carryover, and anticipated exports for
    United States dollars, as determined by the Secretary of
    Agriculture.
      (m) "Value" means - 
        (1) with respect to an excess defense article, the actual value
      of the article plus the gross cost incurred by the United States
      Government in repairing, rehabilitating, or modifying the
      article, except that for purposes of section 2392(d) of this
      title such actual value shall not be taken into account;
        (2) with respect to a nonexcess defense article delivered from
      inventory to foreign countries or international organizations
      under this chapter, the acquisition cost to the United States
      Government, adjusted as appropriate for condition and market
      value;
        (3) with respect to a nonexcess defense article delivered from
      new procurement to foreign countries or international
      organizations under this chapter, the contract or production
      costs of such article;
        (4) with respect to a defense service, the cost to the United
      States Government of such service; and
        (5) with respect to military education and training or services
      provided under part VIII of subchapter II of this chapter, the
      additional costs that are incurred by the United States
      Government in furnishing such assistance.

      (n) "Military education and training" includes formal or informal
    instruction of foreign students in the United States or overseas by
    officers or employees of the United States, contract technicians,
    contractors (including instruction at civilian institutions), or by
    correspondence courses, technical, educational, or information
    publications and media of all kinds, training aids, orientation,
    and military advice to foreign military units and forces.
      (o) "Agriculture" includes aquaculture and fisheries.
      (p) "Farmers" includes fishermen and other persons employed in
    cultivating and harvesting food resources from salt and fresh
    waters.
      (q) "Major non-NATO ally" means a country which is designated in
    accordance with section 2321k of this title as a major non-NATO
    ally for purposes of this chapter and the Arms Export Control Act
    (22 U.S.C. 2751 et seq.).

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 644, Sept. 4, 1961, 75 Stat. 461;
    Pub. L. 87-565, pt. III, Sec. 303(b), Aug. 1, 1962, 76 Stat. 263;
    Pub. L. 88-205, pt. III, Sec. 303, Dec. 16, 1963, 77 Stat. 389;
    Pub. L. 89-171, pt. III, Sec. 303(b), Sept. 6, 1965, 79 Stat. 661;
    Pub. L. 90-137, pt. III, Sec. 303(a), Nov. 14, 1967, 81 Stat. 462;
    Pub. L. 90-629, ch. 4, Sec. 45(b)(5), Oct. 22, 1968, 82 Stat. 1327;
    Pub. L. 92-226, pt. III, Sec. 304(c)(1), Feb. 7, 1972, 86 Stat. 32;
    Pub. L. 93-189, Sec. 22, Dec. 17, 1973, 87 Stat. 726; Pub. L. 94-
    329, title I, Sec. 106(b)(6), June 30, 1976, 90 Stat. 733; Pub. L.
    95-424, title I, Sec. 103(b), Oct. 6, 1978, 92 Stat. 944; Pub. L.
    96-92, Sec. 22, Oct. 29, 1979, 93 Stat. 710; Pub. L. 96-533, title
    I, Sec. 115(b)(1), Dec. 16, 1980, 94 Stat. 3140; Pub. L. 98-151,
    Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 972; Pub. L. 102-583, Sec.
    9(b), Nov. 2, 1992, 106 Stat. 4934; Pub. L. 104-164, title I, Sec.
    147(a)(2), July 21, 1996, 110 Stat. 1435.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Atomic Energy Act of 1954, as amended, referred to in
    subsecs. (d) and (e), is act Aug. 1, 1946, ch. 724, as added by act
    Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which
    is classified principally to chapter 23 (Sec. 2011 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2011 of Title 42 and Tables.
      The Arms Export Control Act, referred to in subsec. (q), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      The 1983 amendment by Pub. L. 98-151 is based on section 202(b)
    of H.R. 2992, Ninety-eighth Congress, 1st Session, as reported May
    17, 1983, which was enacted into permanent law by Pub. L. 98-151.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (q). Pub. L. 104-164 added subsec. (q).
      1992 - Subsec. (g). Pub. L. 102-583 inserted "(other than
    construction equipment, including tractors, scrapers, loaders,
    graders, bulldozers, dump trucks, generators, and compressors)"
    after second reference to "articles".
      1983 - Subsec. (m)(5). Pub. L. 98-151 inserted "or services
    provided under part VIII of subchapter II of this chapter".
      1980 - Subsec. (m)(5). Pub. L. 96-533 added par. (5).
      1979 - Subsec. (d). Pub. L. 96-92 defined "defense article" to
    include uranium depleted in the isotope 235 which is incorporated
    in defense articles solely to take advantage of high density or
    pyrophoric characteristics unrelated to radioactivity.
      1978 - Subsecs. (o), (p). Pub. L. 95-424 added subsecs. (o) and
    (p).
      1976 - Subsec. (f). Pub. L. 94-329, Sec. 106(b)(6)(A), struck out
    "training" after "inspection, repair", inserted "but does not
    include military educational and training activities under part V
    of subchapter II", and struck out definition of "Training".
      Subsec. (n). Pub. L. 94-329, Sec. 106(b)(6)(B), added subsec.
    (n).
      1973 - Subsec. (g). Pub. L. 93-189, Sec. 22(1), substituted
    "Approved Force Acquisition Objective and Approved Force Retention
    Stock of all Department of Defense Components" for "mobilization
    reserve".
      Subsec. (i). Pub. L. 93-189, Sec. 22(2), struck out subsec. (i)
    which defined "mobilization reserve".
      Subsec. (m). Pub. L. 93-189, Sec. 22(3), amended subsec. (m)
    generally. Prior to amendment, subsec. (m) read as follows: "
    'Value' means, other than in section 2417 of this title - 
        "(1) with respect to excess defense articles, the gross cost
      incurred by the United States Government in repairing,
      rehabilitating, or modifying such articles;
        "(2) with respect to nonexcess defense articles delivered from
      inventory to countries or international organizations under this
      chapter, the standard price in effect at the time such articles
      are dropped from inventory by the supplying agency. Such standard
      price shall be the same price (including authorized reduced
      prices) used for transfers or sales of such articles in or
      between the Armed Forces of the United States Government, or,
      where such articles are not transferred or sold in or between the
      Armed Forces of the United States, the gross cost to the United
      States Government adjusted as appropriate for condition and
      market value; and
        "(3) with respect to nonexcess defense articles delivered from
      new procurement to countries or international organizations under
      this chapter, the contract or production costs of such articles.
    Military assistance programs and orders shall be based upon the
    best estimates of stock status and prevailing prices;
    reimbursements to the supplying agency shall be made on the basis
    of the stock status and prices determined pursuant to this section.
    Notwithstanding the foregoing provisions of this section, the
    Secretary of Defense may prescribe regulations authorizing
    reimbursements to the supplying agency based on negotiated prices
    for aircraft, vessels, plant equipment, and such other major items
    as he may specify: Provided, That such articles are not excess at
    the time such prices are negotiated: Provided further, That such
    prices are negotiated at the time firm orders are placed with the
    supplying agency."
      1972 - Subsec. (m). Pub. L. 92-226 substituted " 'Value' means,
    other than in section 2417 of this title" for " 'Value' means".
      1968 - Subsec. (m). Pub. L. 90-629 struck out "and sales" before
    "programs" in text following par. (3).
      1967 - Subsec. (d). Pub. L. 90-137, Sec. 303(a)(1), excluded
    production facilities, utilization facilities, and articles
    involving Restricted Data from definition of "defense articles".
      Subsec. (e). Pub. L. 90-137, Sec. 303(a)(2), struck out "and
    formerly Restricted Data" before "as defined" and excluded data
    removed from the Restricted Data category under section 142d of the
    Atomic Energy Act of 1954 (classified to section 2162(d) of Title
    42) from definition of "defense information".
      Subsec. (f). Pub. L. 90-137, Sec. 303(a)(3), excluded the
    transfer of limited quantities of defense articles for test,
    evaluation, or standardization purposes from definition of "defense
    service" and defined "training", incorporating existing references
    to orientation and training aid.
      1965 - Subsec. (g). Pub. L. 89-171, Sec. 303(b)(1), inserted "and
    not procured in anticipation of military assistance or sales
    requirements, or pursuant to a military assistance or sales order",
    and struck out "as grant assistance" after "international
    organizations".
      Subsec. (m). Pub. L. 89-171, Sec. 303(b)(2), (3), in par. (2)
    substituted "Such standard price shall be the same price (including
    authorized reduced prices)" for "Such price shall be the same
    standard price", and in unnumbered par. after par. (3) substituted
    "Military Assistance and sales programs" for "Military assistance
    programs" and struck out "by the military assistance program" after
    "supplying agency".
      1963 - Subsec. (f). Pub. L. 88-205 inserted "including
    orientation".
      1962 - Subsec. (m)(2), (3). Pub. L. 87-565 struck out "as grant
    assistance" after "international organizations".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Amendment by Pub. L. 92-226 applicable with respect to each
    fiscal year commencing on or after July 1, 1971, see section
    304(c)(3) of Pub. L. 92-226, set out as a note under section 2394
    of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-629 effective on July 1, 1968, see
    section 41 of Pub. L. 90-629, set out as an Effective Date note
    under section 2751 of this title.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      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
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-



-CITE-
    22 USC Sec. 2404                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2404. Unexpended balances

-STATUTE-
      Unexpended balances of funds made available pursuant to this
    chapter, the Mutual Security Act of 1954, as amended, or the Latin
    American Development Act, as amended, are hereby authorized to be
    continued available for the general purposes for which
    appropriated, and may at any time be consolidated, and, in
    addition, may be consolidated with appropriations made available
    for the same general purposes under the authority of this chapter.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 645, Sept. 4, 1961, 75 Stat. 462;
    Pub. L. 87-565, pt. III, Sec. 303(c), Aug. 1, 1962, 76 Stat. 263;
    Pub. L. 88-205, pt. III, Sec. 304, Dec. 16, 1963, 77 Stat. 390;
    Pub. L. 89-171, pt. III, Sec. 303(c), Sept. 6, 1965, 79 Stat. 661.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Mutual Security Act of 1954, referred to in text, is act Aug.
    26, 1954, ch. 937, 68 Stat. 832, as amended by acts July 8, 1955,
    ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11, 70 Stat.
    555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30, 1958,
    Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205, ch.
    III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261;
    July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II,
    Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec.
    401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub. L. 86-472, ch. I
    to V, 74 Stat. 134, which was principally classified to chapter 24
    (Sec. 1750 et seq.) of this title and which was repealed by act
    July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141,
    Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86-
    108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat.
    250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k), May 14, 1960, 74
    Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961,
    75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1), June 30,
    1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228, Apr. 4,
    1996, 110 Stat. 963, except for sections 1754, 1783, 1796, 1853,
    1928, and 1937 of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1754 of
    this title and Tables.
      The Latin American Development Act, as amended, referred to in
    text, is Pub. L. 86-735, Sept. 8, 1960, 74 Stat. 869, as amended,
    which enacted sections 1942 to 1945 of this title and amended
    section 1753a of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1942 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-171 substituted "the Latin American Development
    Act, as amended" for "Public Law 86-735".
      1963 - Pub. L. 88-205 included balances of funds made available
    under Public Law 86-735.
      1962 - Pub. L. 87-565 inserted "this chapter" after "pursuant
    to".

-End-



-CITE-
    22 USC Sec. 2405                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2405. Separability

-STATUTE-
      If any provision of this chapter or the application of any
    provision to any circumstances or persons shall be held invalid,
    the validity of the remainder of this chapter, and of the
    applicability of such provision to other circumstances or persons
    shall not be affected thereby.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 646, Sept. 4, 1961, 75 Stat. 462.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-End-



-CITE-
    22 USC Sec. 2406                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2406. Development programs for dependable fuel supplies

-STATUTE-
      It is of paramount importance that long-range economic plans take
    cognizance of the need for a dependable supply of fuels, which is
    necessary to orderly and stable development and growth, and that
    dependence not be placed upon sources which are inherently hostile
    to free countries and the ultimate well-being of economically
    underdeveloped countries and which might exploit such dependence
    for ultimate political domination. The agencies of government in
    the United States are directed to work with other countries in
    developing plans for basing development programs on the use of the
    large and stable supply of relatively low cost fuels available in
    the free world.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 647, Sept. 4, 1961, 75 Stat. 462.)


-MISC1-
     PROHIBITION ON ASSISTANCE FOR NUCLEAR POWERPLANTS FOR FISCAL YEAR
                                   1978
      Pub. L. 95-92, Sec. 14, Aug. 4, 1977, 91 Stat. 622, which
    prohibited any funds made available to carry out this chapter for
    fiscal year 1978 from being used to finance the construction of,
    the operation or maintenance of, or the supply of fuel for any
    nuclear powerplant under an agreement of cooperation between the
    United States and any other country, was repealed by Pub. L. 97-
    113, title VII, Sec. 734(a)(13), Dec. 29, 1981, 95 Stat. 1560.

                  NUCLEAR POWERPLANTS IN ISRAEL OR EGYPT              
      Pub. L. 93-559, Sec. 43, Dec. 30, 1974, 88 Stat. 1813, which
    prohibited any funds authorized under Pub. L. 93-559 from being
    used to finance the construction of, the operation or maintenance
    of, or the supply of fuel for any nuclear powerplant in Israel or
    Egypt, was repealed by Pub. L. 97-113, title VII, Sec. 734(a)(8),
    Dec. 29, 1981, 95 Stat. 1560.

-End-



-CITE-
    22 USC Sec. 2407                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2407. Special authorization for use of foreign currencies

-STATUTE-
      Subject to the provisions of section 1306 of title 31, the
    President is authorized, as a demonstration of good will on the
    part of the people of the United States for the Polish and Italian
    people, to use foreign currencies accruing to the United States
    Government under this chapter or any other Act, for assistance on
    such terms and conditions as he may specify, in the repair,
    rehabilitation, improvement, and maintenance of cemeteries in Italy
    serving as the burial place of members of the armed forces of
    Poland who died in combat in Italy during World War II.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 648, as added Pub. L. 88-633, pt.
    III, Sec. 303, Oct. 7, 1964, 78 Stat. 1014.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      "Section 1306 of title 31" substituted in text for "section 1415
    of the Supplemental Appropriation Act, 1953, [31 U.S.C. 724]" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2408                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2408. Repealed.

-MISC1-
    Sec. 2408. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. III, Sec. 649, as added Pub. L. 89-
    171, pt. III, Sec. 303(d), Sept. 6, 1965, 79 Stat. 661, related to
    aggregate of total amounts authorized to be appropriated under this
    chapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2409                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2409. Use of United States Armed Forces

-STATUTE-
      The furnishing of economic, military, or other assistance under
    this chapter shall not be construed as creating a new commitment or
    as affecting any existing commitment to use Armed Forces of the
    United States for the defense of any foreign country.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 650, as added Pub. L. 90-137, pt.
    III, Sec. 303(b), Nov. 14, 1967, 81 Stat. 462.)

-REFTEXT-
                             REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.

-End-



-CITE-
    22 USC Sec. 2410                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2410. Repealed.

-MISC1-
    Sec. 2410. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. III, Sec. 651, as added Pub. L. 90-
    554, pt. III, Sec. 303, Oct. 8, 1968, 82 Stat. 966, related to
    sale of supersonic planes to Israel.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2410a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2410a. Repealed.

-MISC1-
    Sec. 2410a. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(15),
      Dec. 29, 1981, 95 Stat. 1560.
      Section, Pub. L. 91-672, Sec. 7, Jan. 12, 1971, 84 Stat. 2054,
    restricted sale, grant, loan, or transfer of International Fighter
    aircraft to any foreign country, or agency thereof, other than
    South Vietnam.

-End-



-CITE-
    22 USC Sec. 2411                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2411. Limitation upon exercise of special authorities

-STATUTE-
      The President shall not exercise any special authority granted to
    him under section 2318(a), 2348a(c)(2), or 2360(a) of this title
    unless the President, before he intends to exercise any such
    authority, notifies the Speaker of the House of Representatives and
    the Committee on Foreign Relations of the Senate in writing of each
    such intended exercise, the section of this chapter under which
    such authority is to be exercised, and the justification for, and
    the extent of, the exercise of such authority.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 652, as added Pub. L. 91-652, Sec.
    8, Jan. 5, 1971, 84 Stat. 1943; amended Pub. L. 92-226, pt. III,
    Sec. 304(a)(1), Feb. 7, 1972, 86 Stat. 28; Pub. L. 96-533, title I,
    Sec. 117(b), Dec. 16, 1980, 94 Stat. 3141; Pub. L. 99-83, title I,
    Sec. 105(b)(2), Aug. 8, 1985, 99 Stat. 196; Pub. L. 104-164, title
    I, Sec. 103(c), July 21, 1996, 110 Stat. 1424.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-164 substituted "before he intends" for "prior
    to the date he intends".
      1985 - Pub. L. 99-83 inserted reference to section 2348a(c)(2) of
    this title.
      1980 - Pub. L. 96-533 struck out reference to section 2364(a) of
    this title.
      1972 - Pub. L. 92-226 struck out provision which limited exercise
    of special authority for purpose of providing additional assistance
    to Cambodia and which required thirty days notice to congressional
    committee (ten days in emergencies requiring immediate assistance)
    of intention to exercise such authority.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC2-
       FUNDS NOT TO BE USED TO FINANCE INTRODUCTION OF UNITED STATES
    GROUND COMBAT TROOPS INTO CAMBODIA OR PROVIDE ADVISERS FOR SECURITY
     OR INTELLIGENCE FORCES IN CAMBODIA; ASSISTANCE TO CAMBODIA NOT TO
      BE CONSTRUED AS COMMITMENT BY UNITED STATES TO CAMBODIA FOR ITS
                                  DEFENSE
      Section 7 of Pub. L. 91-652, as amended by Pub. L. 92-226, pt.
    IV, Sec. 408, Feb. 7, 1972, 86 Stat. 35, provided that:
      "(a) In line with the expressed intention of the President of the
    United States, none of the funds authorized or appropriated
    pursuant to this or any other Act may be used to finance the
    introduction of United States ground combat troops into Cambodia,
    or to provide United States advisers to or for military,
    paramilitary, police, or other security or intelligence forces in
    Cambodia.
      "(b) Military and economic assistance provided by the United
    States to Cambodia and authorized or appropriated pursuant to this
    or any other Act shall not be construed as a commitment by the
    United States to Cambodia for its defense."

-End-



-CITE-
    22 USC Sec. 2412                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2412. Limitation on foreign assistance appropriations

-STATUTE-
    (a) Restrictions on appropriations in absence of or in excess of
      prior authorizations
      Notwithstanding any provision of law enacted before January 12,
    1971, no money appropriated for foreign assistance (including
    foreign military sales) shall be available for obligation or
    expenditure - 
        (1) unless the appropriation thereof has been previously
      authorized by law; or
        (2) in excess of an amount previously prescribed by law.
    (b) Exception
      To the extent that legislation enacted after the making of an
    appropriation for foreign assistance (including foreign military
    sales) authorizes the obligation or expenditure thereof, the
    limitation contained in subsection (a) of this section shall have
    no effect.
    (c) Specific repeal or modification of section
      The provisions of this section shall not be superseded except by
    a provision of law enacted after January 12, 1971, which
    specifically repeals or modifies the provisions of this section.

-SOURCE-
    (Pub. L. 91-672, Sec. 10, Jan. 12, 1971, 84 Stat. 2055.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of Pub. L. 87-195, Sept. 4, 1961,
    75 Stat. 424, known as the Foreign Assistance Act of 1961, which
    comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2413                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2413. Changes in allocation of foreign assistance

-STATUTE-
    (a) Notification by President to foreign country
       Not later than thirty days after the enactment of any law
    appropriating funds to carry out any provision of this chapter
    (other than section 2261 or 2397 of this title) or the Arms Export
    Control Act [22 U.S.C. 2751 et seq.], the President shall notify
    the Congress of each foreign country and international organization
    to which the United States Government intends to provide any
    portion of the funds under such law and of the amount of funds
    under that law, by category of assistance, that the United States
    Government intends to provide to each.
    (b) Application of provisions to continuing appropriations; waiver
      of provisions
      The provisions of this section shall not apply in the case of any
    law making continuing appropriations and may not be waived under
    the provisions of section 2364(a) of this title.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 653, as added Pub. L. 92-226, pt.
    III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 28; amended Pub. L. 93-
    559, Sec. 21, Dec. 30, 1974, 88 Stat. 1801; Pub. L. 95-384, Secs.
    10(b)(3), 12(c)(2), Sept. 26, 1978, 92 Stat. 735, 737; Pub. L. 99-
    83, title XII, Sec. 1209(b), Aug. 8, 1985, 99 Stat. 279.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Arms Export Control Act, referred to in subsec. (a), is Pub.
    L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is
    classified principally to chapter 39 (Sec. 2751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2751 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1985 - Subsec. (a). Pub. L. 99-83, Sec. 1209(b)(1), inserted
    reference to the Arms Export Control Act.
      Subsecs. (b), (c). Pub. L. 99-83, Sec. 1209(b)(2), (3),
    redesignated subsec. (c) as (b). Former subsec. (b), relating to
    report to Congress prior to grant of assistance with excess funds,
    was struck out.
      1978 - Subsec. (b). Pub. L. 95-384 substituted in provisions
    preceding par. (1) in two places and in par. (2) "assistance under
    part IV of subchapter II of this chapter" for "security supporting
    assistance" and in provisions preceding par. (1) in two places
    "part VI of subchapter II" for "subchapter IV" and inserted in par.
    (2) "or assistance under part VI of subchapter II of this chapter"
    before ", the President includes".
      1974 - Subsec. (a). Pub. L. 93-559, Sec. 21(1), struck out
    provisions limiting the military grant assistance or security
    supporting assistance to any foreign country or international
    organization to an amount not more than 10 percent of funds
    authorized under any law unless the President determines that it
    would be in the security interests of the United States to provide
    excess funds and reports to Congress the identity of the recipient,
    the amount of excess funds provided, and the justification for
    additional assistance. See subsec. (b) of this section.
      Subsecs. (b), (c). Pub. L. 93-559, Sec. 21(2), added subsec. (b)
    and redesignated former subsec. (b) as (c).

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2414                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2414. Presidential findings and determinations

-STATUTE-
    (a) Report to Congress
      In any case in which the President is required to make a report
    to the Congress, or to any committee or officer of either House of
    Congress, concerning any finding or determination under any
    provision of this chapter, the Foreign Military Sales Act [22
    U.S.C. 2751 et seq.], or the Foreign Assistance and Related
    Programs Appropriation Act for each fiscal year, that finding or
    determination shall be reduced to writing and signed by the
    President.
    (b) Action prohibition prior to execution of report
      No action shall be taken pursuant to any such finding or
    determination prior to the date on which that finding or
    determination has been reduced to writing and signed by the
    President.
    (c) Publication in Federal Register
      Each such finding or determination shall be published in the
    Federal Register as soon as practicable after it has been reduced
    to writing and signed by the President. In any case in which the
    President concludes that such publication would be harmful to the
    national security of the United States, only a statement that a
    determination or finding has been made by the President, including
    the name and section of the Act under which it was made, shall be
    published.
    (d) Information accessible to Congress prior to transmission of
      report
      No committee or officer of either House of Congress shall be
    denied any requested information relating to any finding or
    determination which the President is required to report to the
    Congress, or to any committee or officer of either House of
    Congress, under any provision of this chapter, the Foreign Military
    Sales Act [22 U.S.C. 2751 et seq.], or the Foreign Assistance and
    Related Programs Appropriation Act for each fiscal year, even
    though such report has not yet been transmitted to the appropriate
    committee or officer of either House of Congress.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 654, as added Pub. L. 92-226, pt.
    III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 29.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (d), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.
      The Foreign Military Sales Act, referred to in subsecs. (a) and
    (d), is Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as
    amended, known as the Arms Export Control Act, on authority of
    section 201(b) of Pub. L. 94-329, title II, June 30, 1976, 90 Stat.
    734, and is classified principally to chapter 39 (Sec. 2751 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 2751 of this title
    and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2414a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2414a. Annual report to Congress on voting practices at United
      Nations

-STATUTE-
    (a) In general
      Not later than March 31 of each year, the Secretary of State
    shall transmit to the Speaker of the House of Representatives and
    the chairman of the Committee on Foreign Relations of the Senate a
    full and complete annual report which assesses for the preceding
    calendar year, with respect to each foreign country member of the
    United Nations, the voting practices of the governments of such
    countries at the United Nations, and which evaluates General
    Assembly and Security Council actions and the responsiveness of
    those governments to United States policy on issues of special
    importance to the United States.
    (b) Information on voting practices in United Nations
      Such report shall include, with respect to voting practices and
    plenary actions in the United Nations during the preceding calendar
    year, information to be compiled and supplied by the Permanent
    Representative of the United States to the United Nations,
    consisting of - 
        (1) an analysis and discussion, prepared in consultation with
      the Secretary of State, of the extent to which member countries
      supported United States policy objectives at the United Nations;
        (2) an analysis and discussion, prepared in consultation with
      the Secretary of State, of actions taken by the United Nations by
      consensus;
        (3) with respect to plenary votes of the United Nations General
      Assembly - 
          (A) a listing of all such votes on issues which directly
        affected important United States interests and on which the
        United States lobbied extensively and a brief description of
        the issues involved in each such vote;
          (B) a listing of the votes described in subparagraph (A)
        which provides a comparison of the vote cast by each member
        country with the vote cast by the United States;
          (C) a country-by-country listing of votes described in
        subparagraph (A); and
          (D) a listing of votes described in subparagraph (A)
        displayed in terms of United Nations regional caucus groups;

        (4) a listing of all plenary votes cast by member countries of
      the United Nations in the General Assembly which provides a
      comparison of the votes cast by each member country with the vote
      cast by the United States, including a separate listing of all
      plenary votes cast by member countries of the United Nations in
      the General Assembly on resolutions specifically related to
      Israel that are opposed by the United States;
        (5) an analysis and discussion, prepared in consultation with
      the Secretary of State, of the extent to which other members
      supported United States policy objectives in the Security Council
      and a separate listing of all Security Council votes of each
      member country in comparison with the United States; and
        (6) a side-by-side comparison of agreement on important and
      overall votes for each member country and the United States.
    (c) Format
      Information required pursuant to subsection (b)(3) of this
    section shall also be submitted, together with an explanation of
    the statistical methodology, in a format identical to that
    contained in chapter II of the Report to Congress on Voting
    Practices in the United Nations, dated March 14, 1988.
    (d) Statement by Secretary of State
      Each report under subsection (a) of this section shall contain a
    statement by the Secretary of State discussing the measures which
    have been taken to inform United States diplomatic missions of
    United Nations General Assembly and Security Council activities.

-SOURCE-
    (Pub. L. 101-246, title IV, Sec. 406, Feb. 16, 1990, 104 Stat. 66;
    Pub. L. 108-447, div. D, title V, Sec. 534(k), Dec. 8, 2004, 118
    Stat. 3007.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 406 of Pub. L. 101-246. Subsec.
    (e) of section 406 of Pub. L. 101-246 repealed provisions contained
    in prior appropriation acts which had been formerly set out as this
    section. See Similar Provisions note below.
      Section was enacted as part of the appropriation act cited as the
    credit to this section, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(4). Pub. L. 108-447 inserted before semicolon
    at end ", including a separate listing of all plenary votes cast by
    member countries of the United Nations in the General Assembly on
    resolutions specifically related to Israel that are opposed by the
    United States".

                            SIMILAR PROVISIONS                        
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 101-167, title V, Sec. 527, Nov. 21, 1989, 103 Stat.
    1223.
      Pub. L. 100-461, title V, Sec. 527, Oct. 1, 1988, 102 Stat. 2268-
    26; repealed by Pub. L. 101-167, title V, Sec. 527(e)(6), Nov. 21,
    1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.
    406(e)(5), Feb. 16, 1990, 104 Stat. 67.
      Pub. L. 100-202, Sec. 101(e) [title V, Sec. 528], Dec. 22, 1987,
    101 Stat. 1329-131, 1329-158; repealed by Pub. L. 101-167, title V,
    Sec. 527(e)(5), Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246,
    title IV, Sec. 406(e)(4), Feb. 16, 1990, 104 Stat. 67.
      Pub. L. 99-500, Sec. 101(f) [title V, Sec. 528], Oct. 18, 1986,
    100 Stat. 1783-213, 1783-230, and Pub. L. 99-591, Sec. 101(f)
    [title V, Sec. 528], Oct. 30, 1986, 100 Stat. 3341-214, 3341-230;
    repealed by Pub. L. 101-167, title V, Sec. 527(e)(4), Nov. 21,
    1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.
    406(e)(3), Feb. 16, 1990, 104 Stat. 67.
      Pub. L. 99-190, Sec. 101(i) [title V, Sec. 529], Dec. 19, 1985,
    99 Stat. 1291, 1307; repealed by Pub. L. 101-167, title V, Sec.
    527(e)(3), Nov. 21, 1989, 103 Stat. 1224, and Pub. L. 101-246,
    title IV, Sec. 406(e)(2), Feb. 16, 1990, 104 Stat. 67.
      Pub. L. 98-473, title I, Sec. 101(1) [title V, Sec. 530], Oct.
    12, 1984, 98 Stat. 1884, 1900; repealed by Pub. L. 101-167, title
    V, Sec. 527(e)(2), Nov. 21, 1989, 103 Stat. 1224.
      Pub. L. 98-151, Sec. 101(b)(1), Nov. 14, 1983, 97 Stat. 967;
    repealed by Pub. L. 101-167, title V, Sec. 527(e)(1), Nov. 21,
    1989, 103 Stat. 1224, and Pub. L. 101-246, title IV, Sec.
    406(e)(1), Feb. 16, 1990, 104 Stat. 67.

    REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN REPORT OF SECRETARY OF
                                   STATE
      Pub. L. 106-429, Sec. 101(a) [title V, Sec. 559], Nov. 6, 2000,
    114 Stat. 1900, 1900A-45, which required that the report submitted
    to Congress under subsec. (a) of this section include, in addition
    to the voting practices of a foreign country, a side-by-side
    comparison of individual countries' overall support for the United
    States at the United Nations and the amount of United States
    assistance, as defined in section 2291(e)(4) of this title,
    provided to such country in fiscal year 2000, was from the Foreign
    Operations, Export Financing, and Related Programs Appropriations
    Act, 2001, and was not repeated in subsequent appropriation acts.
    Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 560],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-104.
      Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 562], Oct.
    21, 1998, 112 Stat. 2681-150, 2681-193.
      Pub. L. 105-118, title V, Sec. 563, Nov. 26, 1997, 111 Stat.
    2427.
      Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    580], Sept. 30, 1996, 110 Stat. 3009-121, 3009-170.

-End-



-CITE-
    22 USC Sec. 2415                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2415. Annual military assistance report

-STATUTE-
    (a) Report required
      Not later than February 1 of each year, the President shall
    transmit to the Congress an annual report for the fiscal year
    ending the previous September 30.
    (b) Information relating to military assistance and military
      exports
      Each such report shall show the aggregate dollar value and
    quantity of defense articles (including excess defense articles),
    defense services, and international military education and training
    activities authorized by the United States and of such articles,
    services, and activities provided by the United States, excluding
    any activity that is reportable under title V of the National
    Security Act of 1947 [50 U.S.C. 413 et seq.], to each foreign
    country and international organization. The report shall specify,
    by category, whether such defense articles - 
        (1) were furnished by grant under part II or part V of
      subchapter II of this chapter or under any other authority of law
      or by sale under chapter 2 of the Arms Export Control Act [22
      U.S.C. 2761 et seq.];
        (2) were furnished with the financial assistance of the United
      States Government, including through loans and guarantees; or
        (3) were licensed for export under section 38 of the Arms
      Export Control Act [22 U.S.C. 2778] and, if so, a specification
      of those defense articles that were exported during the fiscal
      year covered by the report, including, in the case of defense
      articles that are firearms controlled under category I of the
      United States Munitions List, a statement of the aggregate dollar
      value and quantity of semiautomatic assault weapons, or spare
      parts for such weapons, the manufacture, transfer, or possession
      of which is unlawful under section 922 of title 18, that were
      licensed for export during the period covered by the report.
    (c) Availability on Internet
      All unclassified portions of such report shall be made available
    to the public on the Internet through the Department of State.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 655, as added Pub. L. 104-106, div.
    A, title XIII, Sec. 1324(c), Feb. 10, 1996, 110 Stat. 481; amended
    Pub. L. 104-164, title I, Sec. 148, July 21, 1996, 110 Stat. 1435;
    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XIII, Sec.
    1306], Nov. 29, 1999, 113 Stat. 1536, 1501A-512; Pub. L. 106-280,
    title VII, Sec. 702, Oct. 6, 2000, 114 Stat. 861; Pub. L. 107-228,
    div. B, title XII, Secs. 1205(c), 1262(b), Sept. 30, 2002, 116
    Stat. 1428, 1434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Security Act of 1947, referred to in subsec. (b), is
    act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of
    the Act is classified generally to subchapter III (Sec. 413 et
    seq.) of chapter 15 of Title 50, War and National Defense. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 401 of Title 50 and Tables.
      The Arms Export Control Act, referred to in subsec. (b)(1), is
    Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 2
    of the Act is classified generally to subchapter II (Sec. 2761 et
    seq.) of chapter 39 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2751 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2415, Pub. L. 87-195, pt. III, Sec. 655, as added
    Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 29;
    amended Pub. L. 93-559, Sec. 39(a), Dec. 30, 1974, 88 Stat. 1810;
    Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761,
    related to limitation in amounts to be expended for assistance to
    Cambodia, prior to repeal by Pub. L. 95-424, title VI, Secs. 604,
    605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.

                                AMENDMENTS                            
      2002 - Subsec. (b)(3). Pub. L. 107-228, Sec. 1205(c), inserted
    before period at end ", including, in the case of defense articles
    that are firearms controlled under category I of the United States
    Munitions List, a statement of the aggregate dollar value and
    quantity of semiautomatic assault weapons, or spare parts for such
    weapons, the manufacture, transfer, or possession of which is
    unlawful under section 922 of title 18, that were licensed for
    export during the period covered by the report".
      Subsecs. (c), (d). Pub. L. 107-228, Sec. 1262(b), redesignated
    subsec. (d) as (c) and struck out heading and text of former
    subsec. (c). Text read as follows: "Each such report shall also
    include the total amount of military items manufactured outside the
    United States that were imported into the United States during the
    fiscal year covered by the report. For each country of origin the
    report shall show the type of item being imported and the total
    amount of the items."
      2000 - Subsec. (b)(3). Pub. L. 106-280 inserted before the period
    at end "and, if so, a specification of those defense articles that
    were exported during the fiscal year covered by the report".
      1999 - Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII,
    Sec. 1306(a)], reenacted heading without change and amended text
    generally. Prior to amendment, text read as follows: "Each such
    report shall show the aggregate dollar value and quantity of
    defense articles (including excess defense articles), defense
    services, and international military education and training
    authorized by the United States, excluding that which is pursuant
    to activies reportable under title V of the National Security Act
    of 1947, to each foreign country and international organization.
    The report shall specify, by category, whether such defense
    articles - 
        "(1) were furnished by grant under part II or part V of
      subchapter II of this chapter or under any other authority of law
      or by sale under chapter 2 of the Arms Export Control Act; or
        "(2) were licensed for export under section 38 of the Arms
      Export Control Act."
      Subsec. (d). Pub. L. 106-113, Sec. 1000(a)(7) [title XIII, Sec.
    1306(b)], added subsec. (d).
      1996 - Pub. L. 104-164 substituted "Annual military assistance
    report" for "Annual report on military assistance, military
    exports, and military imports" in section catchline and amended
    text generally. Prior to amendment, text read as follows:
      "(a) Report Required. - Not later than February 1 of each of 1996
    and 1997, the President shall transmit to Congress a report
    concerning military assistance authorized or furnished for the
    fiscal year ending the previous September 30.
      "(b) Information Relating to Military Assistance and Military
    Exports. - Each such report shall show the aggregate dollar value
    and quantity of defense articles (including excess defense
    articles) and defense services, and of military education and
    training, authorized or furnished by the United States to each
    foreign country and international organization. The report shall
    specify, by category, whether those articles and services, and that
    education and training, were furnished by grant under part II or
    part V of subchapter II of this chapter or by sale under chapter 2
    of the Arms Export Control Act or were authorized by commercial
    sale licensed under section 38 of the Arms Export Control Act.
      "(c) Information Relating to Military Imports. - Each such report
    shall also include the total amount of military items of non-United
    States manufacture that were imported into the United States during
    the fiscal year covered by the report. The report shall show the
    country of origin, the type of item being imported, and the total
    amount of items."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2416                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2416. Annual foreign military training report

-STATUTE-
    (a) Annual report
      (1) In general
        Not later than January 31 of each year, the Secretary of
      Defense and the Secretary of State shall jointly prepare and
      submit to the appropriate congressional committees a report on
      all military training provided to foreign military personnel by
      the Department of Defense and the Department of State during the
      previous fiscal year and all such training proposed for the
      current fiscal year.
      (2) Exception for certain countries
        Paragraph (1) does not apply to any NATO member, Australia,
      Japan, or New Zealand, unless one of the appropriate
      congressional committees has specifically requested, in writing,
      inclusion of such country in the report. Such request shall be
      made not later than 90 calendar days prior to the date on which
      the report is required to be transmitted.
    (b) Contents
      The report described in subsection (a) of this section shall
    include the following:
        (1) For each military training activity, the foreign policy
      justification and purpose for the activity, the number of foreign
      military personnel provided training and their units of
      operation, and the location of the training.
        (2) For each country, the aggregate number of students trained
      and the aggregate cost of the military training activities.
        (3) With respect to United States personnel, the operational
      benefits to United States forces derived from each military
      training activity and the United States military units involved
      in each activity.
    (c) Form
      The report described in subsection (a) of this section shall be
    in unclassified form but may include a classified annex.
    (d) Availability on Internet
      All unclassified portions of the report described in subsection
    (a) of this section shall be made available to the public on the
    Internet through the Department of State.
    (e) Definition
      In this section, the term "appropriate congressional committees"
    means - 
        (1) the Committee on Appropriations and the Committee on
      International Relations of the House of Representatives; and
        (2) the Committee on Appropriations and the Committee on
      Foreign Relations of the Senate.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 656, as added Pub. L. 106-113, div.
    B, Sec. 1000(a)(7) [div. B, title XIII, Sec. 1307], Nov. 29, 1999,
    113 Stat. 1536, 1501A-512; amended Pub. L. 107-228, div. B, title
    XII, Sec. 1262(a), Sept. 30, 2002, 116 Stat. 1434.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2416, Pub. L. 87-195, pt. III, Sec. 656, as added
    Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 30;
    amended Pub. L. 93-559, Sec. 39(b), Dec. 30, 1974, 88 Stat. 1810;
    Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761,
    related to limitation on number of United States personnel in
    Cambodia, prior to repeal by Pub. L. 95-424, title VI, Secs. 604,
    605, Oct. 6, 1978, 92 Stat. 961, effective Oct. 1, 1978.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-228 designated existing
    provisions as par. (1), inserted par. (1) heading, and added par.
    (2).

-End-



-CITE-
    22 USC Sec. 2417                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2417. Repealed.

-MISC1-
    Sec. 2417. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
      Dec. 29, 1981, 95 Stat. 1560.
      Section, Pub. L. 87-195, pt. III, Sec. 657, as added Pub. L. 95-
    384, Sec. 14, Sept. 26, 1978, 92 Stat. 739, required annual
    Presidential reports for fiscal year ending previous Sept. 30
    respecting military assistance, military education and training
    assistance, foreign military sales, and commercial military sales.
    See sections 2394 and 2765 of this title.

                             PRIOR PROVISIONS                         
      A prior section 2417, Pub. L. 87-195, pt. III, Sec. 657, as added
    Pub. L. 92-226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 30;
    amended Pub. L. 93-189, Sec. 23, Dec. 17, 1973, 87 Stat. 726; Pub.
    L. 94-273, Sec. 5(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94-329,
    title II, Sec. 216, June 30, 1976, 90 Stat. 747, related to an
    annual report by the President to Congress showing the dollar value
    of foreign assistance including military sales, education and
    training, prior to repeal by Pub. L. 95-424, title V, Sec.
    502(d)(1), Oct. 6, 1978, 92 Stat. 959, effective Oct. 1, 1978.

-End-



-CITE-
    22 USC Sec. 2418                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2418. Repealed.

-MISC1-
    Sec. 2418. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. III, Sec. 658, as added Pub. L. 92-
    226, pt. III, Sec. 304(b), Feb. 7, 1972, 86 Stat. 32, related to
    certification by the Comptroller General of the release of
    previously impounded funds prior to the expenditure of funds
    appropriated to carry out the purposes of this chapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2419                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2419. Repealed.

-MISC1-
    Sec. 2419. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
      Dec. 29, 1981, 95 Stat. 1560.
      Section, Pub. L. 87-195, pt. III, Sec. 659, as added Pub. L. 93-
    559, Sec. 29(a), Dec. 30, 1974, 88 Stat. 1803, prohibited aid to
    any country containing a military base constructed, maintained, or
    used by the United States if access to such base was denied unduly
    to bona fide media correspondents of the United States by the
    country in question.

-End-



-CITE-
    22 USC Sec. 2420                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2420. Police training prohibition

-STATUTE-
    (a) Effective date of prohibition
      On and after July 1, 1975, none of the funds made available to
    carry out this chapter, and none of the local currencies generated
    under this chapter, shall be used to provide training or advice, or
    provide any financial support, for police, prisons, or other law
    enforcement forces for any foreign government or any program of
    internal intelligence or surveillance on behalf of any foreign
    government within the United States or abroad.
    (b) Exception; qualification
      Subsection (a) of this section shall not apply - 
        (1) with respect to assistance rendered under section 3763(c)
      (!1) of title 42, with respect to any authority of the Drug
      Enforcement Administration or the Federal Bureau of Investigation
      which relates to crimes of the nature which are unlawful under
      the laws of the United States, or with respect to assistance
      authorized under section 2291a of this title;

        (2) to any contract entered into prior to December 30, 1974,
      with any person, organization, or agency of the United States
      Government to provide personnel to conduct, or assist in
      conducting, any such program;
        (3) with respect to assistance, including training, in maritime
      law enforcement and other maritime skills;
        (4) with respect to assistance provided to police forces in
      connection with their participation in the regional security
      system of the Eastern Caribbean states; or (!2)

        (5) with respect to assistance, including training, relating to
      sanctions monitoring and enforcement;
        (6) with respect to assistance provided to reconstitute
      civilian police authority and capability in the post-conflict
      restoration of host nation infrastructure for the purposes of
      supporting a nation emerging from instability, and the provision
      of professional public safety training, to include training in
      internationally recognized standards of human rights, the rule of
      law, anti-corruption, and the promotion of civilian police roles
      that support democracy;
        (7) with respect to assistance provided to customs authorities
      and personnel, including training, technical assistance and
      equipment, for customs law enforcement and the improvement of
      customs laws, systems and procedures.

    Notwithstanding clause (2), subsection (a) of this section shall
    apply to any renewal or extension of any contract referred to in
    such paragraph entered into on or after December 30, 1974.
    (c) Country with longstanding democratic tradition, etc.
      Subsection (a) of this section shall not apply with respect to a
    country which has a longstanding democratic tradition, does not
    have standing armed forces, and does not engage in a consistent
    pattern of gross violations of internationally recognized human
    rights.
    (d) Assistance to Honduras or El Salvador
      Notwithstanding the prohibition contained in subsection (a) of
    this section assistance may be provided to Honduras or El Salvador
    for fiscal years 1986 and 1987 if, at least 30 days before
    providing assistance, the President notifies the Committee on
    Foreign Affairs of the House of Representatives and the Committee
    on Foreign Relations of the Senate, in accordance with the
    procedures applicable to reprogramming notifications pursuant to
    section 2394-1 of this title, that he has determined that the
    government of the recipient country has made significant progress,
    during the preceding six months, in eliminating any human rights
    violations including torture, incommunicado detention, detention of
    persons solely for the nonviolent expression of their political
    views, or prolonged detention without trial. Any such notification
    shall include a full description of the assistance which is
    proposed to be provided and of the purposes to which it is to be
    directed.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 660, as added Pub. L. 93-559, Sec.
    30(a), Dec. 30, 1974, 88 Stat. 1803; amended Pub. L. 99-83, title
    I, Sec. 127(b), title VII, Sec. 711, Aug. 8, 1985, 99 Stat. 205,
    243; Pub. L. 101-513, title V, Sec. 594, Nov. 5, 1990, 104 Stat.
    2060; Pub. L. 104-107, title V, Sec. 540A(d), Feb. 12, 1996, 110
    Stat. 737; Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec.
    574], Nov. 29, 1999, 113 Stat. 1535, 1501A-111.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      Section 3763(c) of title 42, referred to in subsec. (b)(1), was
    in the original section 515(c) of the Omnibus Crime Control and
    Safe Streets Act of 1968 [title I of Pub. L. 90-351, June 19, 1968,
    82 Stat. 207]. Section 515 was omitted in the general revision of
    title I of Pub. L. 90-351 by Pub. L. 96-157, Sec. 2, Dec. 27, 1979,
    93 Stat. 1167.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(7). Pub. L. 106-113 added par. (7).
      1996 - Subsec. (b)(5), (6). Pub. L. 104-107 added pars. (5) and
    (6).
      1990 - Subsec. (b)(4). Pub. L. 101-513, which directed the
    amendment of this section by adding par. (4) at "the end of the
    subsection", was executed by adding par. (4) after par. (3) in
    subsec. (b) to reflect the probable intent of Congress.
      1985 - Subsec. (b)(3). Pub. L. 99-83, Sec. 127(b), added par.
    (3).
      Subsecs. (c), (d). Pub. L. 99-83, Sec. 711, added subsecs. (c)
    and (d).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
      EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR SPECIFIC
      FISCAL YEARS FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT
                                 AGENCIES
      Pub. L. 103-447, title I, Sec. 104, Nov. 2, 1994, 108 Stat. 4694,
    provided that:
      "(a) Exemption. - For fiscal year 1995, section 660 of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply
    with respect to - 
        "(1) transfers of excess defense articles under section 517 of
      that Act (22 U.S.C. 2321k);
        "(2) funds made available for the 'Foreign Military Financing
      Program' under section 23 of the Arms Export Control Act (22
      U.S.C. 2763) that are used for assistance provided for narcotics-
      related purposes; or
        "(3) international military education and training under
      chapter 5 of part II of the Foreign Assistance Act of 1961 (22
      U.S.C. 2347 and following) that is provided for narcotics-related
      purposes.
      "(b) Notification to Congress. - At least 15 days before any
    transfer under subsection (a)(1) or any obligation of funds under
    subsection (a)(2) or (a)(3), the President shall notify the
    appropriate congressional committees (as defined in section 481(e)
    of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e))[)] in
    accordance with the procedures applicable to reprogramming
    notifications under section 634A of that Act (22 U.S.C. 2394) [22
    U.S.C. 2394-1].
      "(c) Coordination With International Narcotics Control Assistance
    Program. - Assistance provided pursuant to this section shall be
    coordinated with international narcotics control assistance under
    chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2291 et seq.)."
      Pub. L. 102-583, Sec. 7, Nov. 2, 1992, 106 Stat. 4933, provided
    for exemption of narcotics-related military assistance for fiscal
    years 1993 and 1994 from prohibition on assistance for law
    enforcement agencies, prior to repeal by Pub. L. 103-447, title I,
    Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.


-EXEC-
    ASSISTANCE TO PUBLIC SECURITY FORCES OF EL SALVADOR; DELEGATION OF
                                 FUNCTIONS
      Determination of the President of the United States, No. 86-2,
    Oct. 29, 1985, 50 F.R. 48073, provided:
      Memorandum for the Honorable George P. Shultz, the Secretary of
    State
      Pursuant to Section 660(d) of the Foreign Assistance Act of 1961,
    as amended [22 U.S.C. 2420(d)], I hereby determine that the
    Government of El Salvador has made significant progress, during the
    six month period preceding this determination, in eliminating any
    human rights violations including torture, incommunicado detention,
    detention of persons solely for the non-violent expression of their
    political views, or prolonged detention without trial.
      You are requested to report this determination to the Congress
    immediately, together with a full description of the assistance to
    be provided and of the purposes to which it is to be directed. None
    of the assistance so provided shall be furnished until 30 days
    after such a report has been made, as required by law.
      I hereby delegate to the Secretary of State authority to make
    such determinations and reports as called for in the future under
    Section 660(d).
      This determination shall be published in the Federal Register.
                                                          Ronald Reagan.

-FOOTNOTE-
    (!1) See References in Text note below.

               

    (!2) So in original. The word "or" probably should appear at end
         of par. (6).


-End-



-CITE-
    22 USC Sec. 2421                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2421. Trade and Development Agency

-STATUTE-
    (a) Purpose
      The Trade and Development Agency shall be an agency of the United
    States under the foreign policy guidance of the Secretary of State.
    The purpose of the Trade and Development Agency is to promote
    United States private sector participation in development projects
    in developing and middle-income countries, with special emphasis on
    economic sectors with significant United States export potential,
    such as energy, transportation, telecommunications, and
    environment.
    (b) Authority to provide assistance
      (1) Authority
        The Director of the Trade and Development Agency is authorized
      to work with foreign countries, including those in which the
      United States development programs have been concluded or those
      not receiving assistance under subchapter I of this chapter, to
      carry out the purpose of this section by providing funds for
      feasibility studies, architectural and engineering design, and
      other activities related to development projects which provide
      opportunities for the use of United States exports.
      (2) Use of funds
        Funds under this section may be used to provide support for
      feasibility studies for the planning, development, and management
      of, and procurement for, bilateral and multilateral development
      projects, including training activities undertaken in connection
      with a project, for the purpose of promoting the use of United
      States goods and services in such projects. Funds under this
      section may also be used for architectural and engineering
      design, including - 
          (A) concept design, which establishes the basic technical and
        operational criteria for a project, such as architectural
        drawings for a proposed facility, evaluation of site
        constraints, procurement requirements, and equipment
        specifications; and
          (B) detail design, which sets forth specific dimensions and
        criteria for structural, mechanical, electrical, and
        architectural operations, and identifies other resources
        required for project operations.
      (3) Information dissemination
        (A) The Trade and Development Agency shall disseminate
      information about its project activities to the private sector.
        (B) Other agencies of the United States Government shall
      cooperate with the Trade and Development Agency in order for the
      Agency to provide more effectively informational services to
      persons in the private sector concerning trade development and
      export promotion related to development projects.
      (4) Nonapplicability of other provisions
        Any funds used for purposes of this section may be used
      notwithstanding any other provision of law.
      (5) Contributions to costs
        The Trade and Development Agency shall, to the maximum extent
      practicable, require corporations and other entities to - 
          (A) share the costs of feasibility studies and other project
        planning services funded under this section; and
          (B) reimburse the Trade and Development Agency those funds
        provided under this section, if the corporation or entity
        concerned succeeds in project implementation.
    (c) Director and personnel
      (1) Director
        There shall be at the head of the Trade and Development Agency
      a Director who shall be appointed by the President, by and with
      the advice and consent of the Senate.
      (2) Officers and employees
        (A) The Director may appoint such officers and employees of the
      Trade and Development Agency as the Director considers
      appropriate.
        (B) The officers and employees appointed under this paragraph
      shall have such functions as the Director may determine.
        (C) Of the officers and employees appointed under this
      paragraph, 2 may be appointed without regard to the provisions of
      title 5, governing appointments in the competitive service, and
      may be compensated without regard to the provisions of chapter 51
      or subchapter III of chapter 53 of such title.
        (D) Under such regulations as the President may prescribe, any
      individual appointed under subparagraph (C) may be entitled, upon
      removal (except for cause) from the position to which the
      appointment was made, to reinstatement to the position occupied
      by that individual at the time of appointment or to a position of
      comparable grade and pay.
    (d) Annual report
      The President shall, not later than December 31 of each year,
    submit to the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate a report on the activities of the Trade and Development
    Agency in the preceding fiscal year.
    (e) Audits
      (1) In general
        The Trade and Development Agency shall be subject to the
      provisions of chapter 35 of title 31, except as otherwise
      provided in this section.
      (2) Independent audit
        An independent certified public accountant shall perform a
      financial and compliance audit of the financial statements of the
      Trade and Development Agency each year, in accordance with
      generally accepted Government auditing standards for a financial
      and compliance audit, taking into consideration any standards
      recommended by the Comptroller General. The independent certified
      public accountant shall report the results of such audit to the
      Director of the Trade and Development Agency. The financial
      statements of the Trade and Development Agency shall be presented
      in accordance with generally accepted accounting principles.
      These financial statements and the report of the accountant shall
      be included in a report which contains, to the extent applicable,
      the information identified in section 3512 of title 31, and which
      the Trade and Development Agency shall submit to the Congress not
      later than 6 1/2  months after the end of the last fiscal year
      covered by the audit. The Comptroller General may review the
      audit conducted by the accountant and the report to the Congress
      in the manner and at such times as the Comptroller General
      considers necessary.
      (3) Audit by Comptroller General
        In lieu of the financial and compliance audit required by
      paragraph (2), the Comptroller General shall, if the Comptroller
      General considers it necessary or upon the request of the
      Congress, audit the financial statements of the Trade and
      Development Agency in the manner provided in paragraph (2).
      (4) Availability of information
        All books, accounts, financial records, reports, files,
      workpapers, and property belonging to or in use by the Trade and
      Development Agency and the accountant who conducts the audit
      under paragraph (2), which are necessary for purposes of this
      subsection, shall be made available to the representatives of the
      Government Accountability Office designated by the Comptroller
      General.
    (f) Funding
      (1) Authorization
        (A) There are authorized to be appropriated for purposes of
      this section, in addition to funds otherwise available for such
      purposes, $48,000,000 for fiscal year 2000 and such sums as may
      be necessary for each fiscal year thereafter.
        (B) Amounts appropriated pursuant to the authorization of
      appropriations under subparagraph (A) are authorized to remain
      available until expended.
      (2) Funding for technical assistance grants by multilateral
        development banks
        (A) The Trade and Development Agency should, in carrying out
      its program, provide, as appropriate, funds to multilateral
      development banks for technical assistance grants.
        (B) As used in subparagraph (A) - 
          (i) the term "technical assistance grants" means funding by
        multilateral development banks of services from the United
        States in connection with projects and programs supported by
        such banks, including, but not limited to, engineering, design,
        and consulting services; and
          (ii) the term "multilateral development bank" has the meaning
        given that term in section 262r(c) of this title.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 661, as added Pub. L. 93-559, Sec.
    31, Dec. 30, 1974, 88 Stat. 1804; amended Pub. L. 94-161, title
    III, Sec. 316, Dec. 20, 1975, 89 Stat. 867; Pub. L. 95-88, title I,
    Sec. 128, Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424, title I, Sec.
    121, Oct. 6, 1978, 92 Stat. 954; Pub. L. 96-53, title I, Sec. 119,
    Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533, title III, Sec. 311,
    Dec. 16, 1980, 94 Stat. 3148; Pub. L. 97-113, title III, Sec. 312,
    Dec. 29, 1981, 95 Stat. 1536; Pub. L. 99-83, title IV, Sec. 405,
    Aug. 8, 1985, 99 Stat. 219; Pub. L. 100-418, title II, Sec.
    2204(b)(1), (2), Aug. 23, 1988, 102 Stat. 1329; Pub. L. 102-549,
    title II, Sec. 201, Oct. 28, 1992, 106 Stat. 3655; Pub. L. 103-392,
    title II, Sec. 201, Oct. 22, 1994, 108 Stat. 4099; Pub. L. 106-158,
    Sec. 5, Dec. 9, 1999, 113 Stat. 1746; Pub. L. 108-271, Sec. 8(b),
    July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (c)(2)(C), are
    classified generally to section 3301 et seq. of Title 5, Government
    Organization and Employees.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (e)(4). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      1999 - Subsec. (a). Pub. L. 106-158, Sec. 5(a), inserted before
    period at end: ", with special emphasis on economic sectors with
    significant United States export potential, such as energy,
    transportation, telecommunications, and environment".
      Subsec. (b)(5). Pub. L. 106-158, Sec. 5(b), added par. (5).
      Subsec. (f)(1)(A). Pub. L. 106-158, Sec. 5(c)(1), substituted
    "$48,000,000 for fiscal year 2000 and such sums as may be necessary
    for each fiscal year thereafter" for "$77,000,000 for fiscal year
    1995 and such sums as are necessary for fiscal year 1996".
      Subsec. (f)(2)(A). Pub. L. 106-158, Sec. 5(c)(2), substituted "in
    carrying out its program, provide, as appropriate, funds" for "in
    fiscal years 1993 and 1994, substantially increase the amount of
    funds it provides".
      1994 - Subsec. (f)(1). Pub. L. 103-392 redesignated existing
    provisions as subpar. (A), substituted "$77,000,000 for fiscal year
    1995 and such sums as are necessary for fiscal year 1996." for
    "$55,000,000 for fiscal year 1993 and $65,000,000 for fiscal year
    1994.", and added subpar. (B).
      1992 - Pub. L. 102-549 amended section generally. Prior to
    amendment, section consisted of subsecs. (a) to (d) which
    authorized a trade and development program to facilitate access to
    natural resources of interest to the United States and to stimulate
    reimbursable aid programs, established an agency called the Trade
    and Development Program to carry out the program, established an
    advisory board, and authorized appropriations for purposes of
    section.
      1988 - Subsec. (a). Pub. L. 100-418, Sec. 2204(b)(1), inserted
    sentence providing for use of funds for project planning,
    development, management, and procurement for bilateral and
    multilateral projects, for purpose of promoting use of United
    States exports in such projects.
      Subsecs. (b) to (d). Pub. L. 100-418, Sec. 2204(b)(2), added
    subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
      1985 - Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally,
    substituting provisions authorizing appropriations of $20,000,000
    for fiscal years 1986 and 1987, for provisions authorizing
    appropriations of $6,907,000 for fiscal years 1982 and 1983.
      1981 - Pub. L. 97-113, Sec. 312(b), designated existing
    provisions as subsec. (a), struck out provision for use of
    $4,000,000 of funds made available for fiscal year 1981 for
    purposes of this chapter, and added subsec. (b).
      1980 - Pub. L. 96-533 substituted authorization for use of
    $4,000,000 of available funds for fiscal year 1981 for such
    authorization for use of $3,800,000 of available funds for fiscal
    year 1980 for reimbursable development programs.
      1979 - Pub. L. 96-53 substituted "$3,800,000" for "$3,000,000"
    and "1980" for "1979".
      1978 - Pub. L. 95-424 substituted "$3,000,000 of the funds made
    available for the purposes of this chapter for the fiscal year
    1979" for "$2,000,000 of the funds made available for the purposes
    of this chapter. In the fiscal year 1977 and $2,000,000 of the
    funds made available for the purposes of this chapter in the fiscal
    year 1978,".
      1977 - Pub. L. 95-88 struck out provisions authorizing the
    President to use up to $1,000,000 of the funds made available for
    the purposes of this chapter in the fiscal year 1975 and $2,000,000
    in the fiscal year 1976, and inserted provisions authorizing the
    President to use $2,000,000 of the funds made available for the
    purposes of this chapter in the fiscal year 1978.
      1975 - Pub. L. 94-161 increased usable funds in fiscal year 1976
    to $2,000,000 from $1,000,000 and authorized use of $2,000,000 in
    fiscal year 1977.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.
      Section 202(a), (e) of Pub. L. 102-549 provided that:
      "(a) Renaming of Trade and Development Program. - The Trade and
    Development Program shall, on or after the effective date of this
    section [Oct. 28, 1992], be known as the Trade and Development
    Agency.
      "(e) Reference in Other Laws. - Any reference in any law to the
    Trade and Development Program shall be deemed to be a reference to
    the Trade and Development Agency."


-MISC2-
                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.


-MISC3-
               APPOINTMENT OF PRESENT DIRECTOR NOT AFFECTED           
      Section 202(b) of title II of Pub. L. 102-549 provided that: "The
    enactment of this title [amending this section and section 5401 of
    this title, section 5314 of Title 5, Government Organization and
    Employees, and sections 635q to 635s of Title 12, Banks and
    Banking, enacting provisions set out as a note above, and amending
    provisions set out as a note under section 2151 of this title]
    shall not affect the appointment of the individual who is the
    Director of the Trade and Development Program on the effective date
    of this section [Oct. 28, 1992]."

      TRADE AND DEVELOPMENT PROGRAM ACTIVITIES FOR POLAND AND HUNGARY  
      Pub. L. 101-179, title III, Sec. 305, Nov. 28, 1989, 103 Stat.
    1314, authorized appropriation of an additional $6,000,000 for the
    3-year period beginning Oct. 1, 1989, to carry out this section, in
    order to permit expansion of the Trade and Development Program [now
    Agency] into Poland and Hungary.

          TRADE AND DEVELOPMENT PROGRAM; REAFFIRMATION OF SUPPORT      
      Section 2204(a) of Pub. L. 100-418 provided that: "The Congress
    reaffirms its support for the Trade and Development Program [now
    Trade and Development Agency], and believes that the Program's
    [Agency's] ability to support high priority development projects in
    developing countries would be enhanced by an increase in the funds
    authorized for the Program as well as by a clarification of the
    Program's status as a separate component of the International
    Development Cooperation Agency."

-End-



-CITE-
    22 USC Sec. 2421a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2421a. Capital projects office within Agency for International
      Development

-STATUTE-
    (a) Establishment of office
      The Administrator of AID shall establish a capital projects
    office to carry out the purposes described in subsection (b) of
    this section.
    (b) Purposes of office
      The purposes referred to in subsection (a) of this section are - 
        (1) to develop an AID program that would focus solely on
      developmentally sound capital projects, taking into consideration
      development needs of the host country and the export
      opportunities for the United States; and
        (2) to consider specifically opportunities for United States
      high-technology firms, including small- and medium-sized firms,
      in supporting capital projects for developing countries and for
      countries making the transition from nonmarket to market
      economies.
    (c) Activities of AID
      The Administrator of AID (acting through the capital projects
    office), in coordination with the appropriate members of the Trade
    Promotion Coordination Committee - 
        (1) shall support capital projects in developing countries and
      in countries making the transition from nonmarket to market
      economies;
        (2) shall periodically review infrastructure needs in
      developing countries and countries making the transition from
      nonmarket to market economies and shall explore opportunities for
      United States firms in the development of new capital projects in
      these countries, keeping both United States firms and the
      Congress informed of these reviews;
        (3) shall ensure that each capital project for which AID
      provides funding is developmentally sound, as determined under
      the criteria developed by the Development Assistance Committee of
      the Organization for Economic Cooperation and Development;
        (4) shall coordinate its activities with other AID offices, and
      work with AID country missions, in developing capital projects
      that provide opportunities for United States firms consistent
      with AID's primary mission to help developing countries with
      traditional development projects;
        (5) shall coordinate, where appropriate, funds available to AID
      for tied-aid purposes; and
        (6) shall play a special role in helping to meet the
      infrastructure needs of countries making the transition from
      nonmarket to market economies by meeting the challenge of
      infrastructure assistance provided by foreign governments to
      those countries, including by undertaking a comprehensive study
      of the infrastructure needs of the various countries making the
      transition from nonmarket to market economies - 
          (A) to identify those sectors in the economies of these
        countries that are most in need of rebuilding, and
          (B) to identify the state of technology in these countries
        and the opportunity for United States high technology firms to
        help develop a technological infrastructure in these countries,
        including an assessment of export opportunities for United
        States high technology companies.

    The results of the study conducted pursuant to paragraph (6) shall
    be reported to the appropriate congressional committees within 12
    months after October 28, 1992.

-SOURCE-
    (Pub. L. 102-549, title III, Sec. 302, Oct. 28, 1992, 106 Stat.
    3658.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Aid, Trade, and
    Competitiveness Act of 1992 and also as part of the Jobs Through
    Exports Act of 1992, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.


-MISC1-
                       SHORT TITLE OF 1992 AMENDMENT                   
      Section 301 of title III of Pub. L. 102-549 provided that: "This
    title [enacting this section and sections 2421b to 2421e of this
    title and provisions set out as notes below] may be cited as the
    'Aid, Trade, and Competitiveness Act of 1992'."

                  REPORTS TO CONGRESS ON CAPITAL PROJECTS              
      Section 305 of title III of Pub. L. 102-549 directed President,
    not later than May 1, 1993, to submit to Congress a report
    describing the extent to which United States Government resources
    have been expended specifically to support specified projects in
    developing countries and countries making the transition from
    nonmarket to market economies, the extent to which the activities
    of the United States Government have been coordinated, and the
    extent to which United States Government capital projects and tied-
    aid credit programs have affected United States exports.

     REPORT ON FEASIBILITY OF AID CREDIT GUARANTEES TO FINANCE CAPITAL
                                 PROJECTS
      Section 307 of Pub. L. 102-549 directed President, not later than
    May 1, 1993, to submit to Committee on Foreign Affairs and
    Committee on Appropriations of House of Representatives and
    Committee on Foreign Relations and Committee on Appropriations of
    Senate a report on feasibility of allowing AID to offer credit
    guarantees for financing of capital projects.

-End-



-CITE-
    22 USC Sec. 2421b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2421b. Capital projects for poverty alleviation and
      environmental safety and sustainability

-STATUTE-
    (a) Purposes
      The Administrator of AID shall develop a program, in accordance
    with subsection (b) of this section, that focuses on
    developmentally sound capital projects for basic infrastructure
    that will measurably alleviate the worst manifestations of poverty
    or directly promote environmental safety and sustainability at the
    community level, taking into consideration development needs of the
    host country and export opportunities for services and goods from
    the United States.
    (b) Activities of AID
      In order to carry out subsection (a) of this section, the
    Administrator of AID shall, working with AID technical support
    staff, regional bureau staff, and country missions, identify and
    provide funding for capital projects to alleviate the worst
    manifestations of poverty or to promote environmental safety and
    sustainability at the community level in countries receiving
    assistance under part I of the Foreign Assistance Act of 1961 [22
    U.S.C. 2151 et seq.]. Such projects may include basic sanitation
    systems, basic water supply and treatment, pollution control, and
    rural infrastructure benefiting poor communities or establishing
    environmentally sustainable patterns of rural development. Such
    projects should have measurable positive effects on indicators of
    human and environmental health.

-SOURCE-
    (Pub. L. 102-549, title III, Sec. 303, Oct. 28, 1992, 106 Stat.
    3659.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec. (b),
    is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended. Part I
    of the Act is classified generally to subchapter I (Sec. 2151 et
    seq.) of chapter 32 of this title. For provisions deeming
    references to subchapter I to include parts IV (Sec. 2346 et seq.),
    VI (Sec. 2348 et seq.), and VIII (Sec. 2349aa et seq.) of
    subchapter II of chapter 32, see section 202(b) of Pub. L. 92-228,
    set out as a note under section 2346 of this title, and sections
    2348c and 2349aa-5 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Aid, Trade, and
    Competitiveness Act of 1992 and also as part of the Jobs Through
    Exports Act of 1992, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2421c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2421c. Coordination

-STATUTE-
      The President shall use the Trade Promotion Coordination
    Committee to coordinate activities under sections 2421a to 2421e of
    this title with other relevant activities of the United States
    Government.

-SOURCE-
    (Pub. L. 102-549, title III, Sec. 304, Oct. 28, 1992, 106 Stat.
    3659.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 2421a to 2421e of this title, referred to in text, was
    in the original "this title" meaning title III of Pub. L. 102-549,
    Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and
    Competitiveness Act of 1992, which enacted sections 2421a to 2421e
    of this title and provisions set out as notes under section 2421a
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2421a of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Aid, Trade, and
    Competitiveness Act of 1992 and also as part of the Jobs Through
    Exports Act of 1992, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2421d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2421d. Funding for capital projects

-STATUTE-
    (a) Funding level
      The Congress strongly urges the President to use at least
    $650,000,000 for fiscal year 1993 and at least $700,000,000 for
    fiscal year 1994 of the total amounts made available for assistance
    under chapter 4 of part II of the Foreign Assistance Act of 1961
    [22 U.S.C. 2346 et seq.] (relating to the economic support fund),
    assistance under the Support for East European Democracy (SEED) Act
    of 1989 [22 U.S.C. 5401 et seq.], assistance under the Freedom for
    Russia and Emerging Eurasian Democracies and Open Markets Support
    Act of 1992, and assistance under the Multilateral Assistance
    Initiative for the Philippines, for grants for developmentally
    sound capital projects. Such grants may be combined with financing
    offered by private financial entities or other entities.
    (b) Development assistance capital projects
      Funds appropriated to carry out chapter 1 or chapter 10 of part I
    of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq., 2293
    et seq.] (relating to development assistance and the Development
    Fund for Africa) may not be used for capital projects that do not
    meet the criteria contained in section 2421b of this title. This
    subsection does not apply with respect to capital projects for
    which funds have been obligated or expended before October 28,
    1992.

-SOURCE-
    (Pub. L. 102-549, title III, Sec. 306, Oct. 28, 1992, 106 Stat.
    3660.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsecs. (a)
    and (b), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended. Chapter 10 of part I of the Act is classified generally to
    part X (Sec. 2293 et seq.) of subchapter I of chapter 32 of this
    title. Chapter 4 of part II of the Act is classified generally to
    part IV (Sec. 2346 et seq.) of subchapter II of chapter 32 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2151 of this title and
    Tables.
      The Support for East European Democracy (SEED) Act of 1989,
    referred to in subsec. (a), is Pub. L. 101-179, Nov. 28, 1989, 103
    Stat. 1298, which is classified principally to chapter 63 (Sec.
    5401 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 5401 of
    this title and Tables.
      The Freedom for Russia and Emerging Eurasian Democracies and Open
    Markets Support Act of 1992, referred to in subsec. (a), is Pub. L.
    102-511, Oct. 24, 1992, 106 Stat. 3320, as amended. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5801 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Aid, Trade, and
    Competitiveness Act of 1992 and also as part of the Jobs Through
    Exports Act of 1992, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2421e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2421e. Definitions

-STATUTE-
      For purposes of sections 2421a to 2421e of this title - 
        (1) the term "AID" means the Agency for International
      Development; and
        (2) the term "capital project" means a project involving the
      construction, expansion, alteration of, or the acquisition of
      equipment for, a physical facility or physical infrastructure,
      including related engineering design (concept and detail) and
      other services, the procurement of equipment (including any
      related services), and feasibility studies or similar engineering
      and economic services.

-SOURCE-
    (Pub. L. 102-549, title III, Sec. 308, Oct. 28, 1992, 106 Stat.
    3660.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 2421a to 2421e of this title, referred to in text, was
    in the original "this title" meaning title III of Pub. L. 102-549,
    Oct. 28, 1992, 106 Stat. 3658, known as the Aid, Trade, and
    Competitiveness Act of 1992, which enacted sections 2421a to 2421e
    of this title and provisions set out as notes under section 2421a
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2421a of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Aid, Trade, and
    Competitiveness Act of 1992 and also as part of the Jobs Through
    Exports Act of 1992, and not as part of the Foreign Assistance Act
    of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2422                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2422. Repealed.

-MISC1-
    Sec. 2422. Repealed. Pub. L. 102-88, title VI, Sec. 601, Aug. 14,
      1991, 105 Stat. 441.
      Section, Pub. L. 87-195, pt. III, Sec. 662, as added Pub. L. 93-
    559, Sec. 32, Dec. 30, 1974, 88 Stat. 1804, and amended Pub. L. 96-
    450, title IV, Sec. 407(a), Oct. 14, 1980, 94 Stat. 1981,
    prohibited funding of activities of the Central Intelligence
    Agency, other than intelligence gathering, without Presidential
    finding of importance to national security of United States and
    defined such activities as significant anticipated intelligence
    activities for purpose of section 413 of Title 50, War and National
    Defense. See section 414 of Title 50.

-End-



-CITE-
    22 USC Sec. 2423                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2423. Exchanges of certain materials

-STATUTE-
    (a) Agreement for necessary or strategic raw material; definition
      Notwithstanding any other provision of law, whenever the
    President determines it is in the United States national interest,
    he shall furnish assistance under this chapter or shall furnish
    defense articles or services under the Foreign Military Sales Act
    [22 U.S.C. 2751 et. seq.], pursuant to an agreement with the
    recipient of such assistance, articles, or services which provides
    that such recipient may only obtain such assistance, articles, or
    services in exchange for any necessary or strategic raw material
    controlled by such recipient. For the purposes of this section, the
    term "necessary or strategic raw material" includes petroleum,
    other fossil fuels, metals, minerals, or any other natural
    substance which the President determines is in short supply in the
    United States.
    (b) Allocation of raw materials to Federal agencies
      The President shall allocate any necessary or strategic raw
    material transferred to the United States under this section to any
    appropriate agency of the United States Government for stockpiling,
    sale, transfer, disposal, or any other purpose authorized by law.
    (c) Deposits in United States Treasury of funds from disposal of
      materials
      Funds received from any disposal of materials under subsection
    (b) of this section shall be deposited as miscellaneous receipts in
    the United States Treasury.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 663, as added Pub. L. 93-559, Sec.
    32, Dec. 30, 1974, 88 Stat. 1805.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, known as the Foreign Assistance Act of 1961. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2151 of this title and Tables.
      The Foreign Military Sales Act, referred to in subsec. (a), is
    Pub. L. 90-629, ch. 1, Oct. 22, 1968, 82 Stat. 1320, as amended,
    known as the Arms Export Control Act, on authority of section
    201(b) of Pub. L. 94-329, title II, June 30, 1976, 90 Stat. 734,
    and is classified principally to chapter 39 (Sec. 2751 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2751 of this title and
    Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2424                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2424. Repealed.

-MISC1-
    Sec. 2424. Repealed. Pub. L. 95-88, title I, Sec. 123(c), Aug. 3,
      1977, 91 Stat. 541.
      Section, Pub. L. 87-195, pt. III, Sec. 664, as added Pub. L. 93-
    559, Sec. 33, Dec. 30, 1974, 88 Stat. 1805, authorized the
    President to waive provisions which prohibited assistance to
    countries trading with designated countries.

-End-



-CITE-
    22 USC Sec. 2425                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2425. Repealed.

-MISC1-
    Sec. 2425. Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6,
      1978, 92 Stat. 961.
      Section, Pub. L. 87-195, pt. III, Sec. 665, as added Pub. L. 94-
    161, title III, Sec. 317, Dec. 20, 1975, 89 Stat. 867, authorized
    appropriations for the interim period July 1, 1976 through Sept.
    30, 1976 of such amounts as were necessary to conduct programs for
    which funding was authorized for fiscal year 1976 by the
    International Development and Food Assistance Act of 1975 provided
    the total amount authorized not exceed one-fourth of the total
    authorized for fiscal year 1976 for such programs and activities.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95-424,
    set out as an Effective Date of 1978 Amendment note under section
    2151 of this title.

-End-



-CITE-
    22 USC Sec. 2426                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2426. Discrimination against United States personnel

-STATUTE-
    (a) Assignment of personnel on basis of ability and experience
      The President shall not take into account, in assigning officers
    and employees of the United States to carry out any economic
    development assistance programs funded under this chapter in any
    foreign country, the race, religion, national origin, or sex of any
    such officer or employee. Such assignments shall be made solely on
    the basis of ability and relevant experience.
    (b) Prohibition on use of funds in country practicing
      discrimination
      Effective six months after December 20, 1975, or on such earlier
    date as the President may determine, none of the funds made
    available under this chapter may be used to provide economic
    development assistance to any country which objects to the presence
    of any officer or employee of the United States who is present in
    such country for the purpose of carrying out any program of
    economic development assistance authorized by the provisions of
    this chapter on the basis of the race, religion, national origin,
    or sex of such officer or employee.
    (c) Rules and regulations
      The Secretary of State shall promulgate such rules and
    regulations as he may deem necessary to carry out the provisions of
    this section.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 666, as added Pub. L. 94-161, title
    III, Sec. 318, Dec. 20, 1975, 89 Stat. 868.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75
    Stat. 424, as amended, known as the Foreign Assistance Act of 1961.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2151 of this title and Tables.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2427                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2427. Operating expenses

-STATUTE-
    (a) Authorization of appropriations
      There are authorized to be appropriated to the President, in
    addition to funds otherwise available for such purposes - 
        (1) $387,000,000 for fiscal year 1986 and $387,000,000 for
      fiscal year 1987 for necessary operating expenses of the agency
      primarily responsible for administering subchapter I of this
      chapter, of which $21,750,000 for the fiscal year 1987 is
      authorized for the necessary operating expenses of the Office of
      the Inspector General of the Agency for International Development
      and the remaining amount for the fiscal year is authorized for
      other necessary operating expenses of that agency; and
        (2) such amounts as may be necessary for increases in salary,
      pay, retirement, and other employee benefits authorized by law,
      and for other nondiscretionary costs of such agency.
    (b) Continuing availability of funds
      Amounts appropriated under this section are authorized to remain
    available until expended.

-SOURCE-
    (Pub. L. 87-195, pt. III, Sec. 667, as added Pub. L. 94-161, title
    III, Sec. 319, Dec. 20, 1975, 89 Stat. 868; amended Pub. L. 95-88,
    title I, Sec. 129(a), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95-424,
    title V, Sec. 506, Oct. 6, 1978, 92 Stat. 960; Pub. L. 96-53, title
    I, Sec. 120, Aug. 14, 1979, 93 Stat. 365; Pub. L. 96-533, title
    VII, Sec. 709, Dec. 16, 1980, 94 Stat. 3159; Pub. L. 97-113, title
    VII, Sec. 706, Dec. 29, 1981, 95 Stat. 1545; Pub. L. 99-83, title
    IV, Sec. 406, Aug. 8, 1985, 99 Stat. 219; Pub. L. 99-529, title IV,
    Sec. 402, Oct. 24, 1986, 100 Stat. 3019.)


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                                AMENDMENTS                            
      1986 - Subsec. (a)(1). Pub. L. 99-529 inserted ", of which
    $21,750,000 for the fiscal year 1987 is authorized for the
    necessary operating expenses of the Office of the Inspector General
    of the Agency for International Development and the remaining
    amount for the fiscal year is authorized for other necessary
    operating expenses of that agency".
      1985 - Subsec. (a)(1). Pub. L. 99-83 amended par. (1) generally,
    substituting provisions authorizing appropriations of $387,000,000
    for fiscal years 1986 and 1987, for provisions authorizing
    appropriations of $335,600,000 for fiscal years 1982 and 1983.
      1981 - Subsec. (a). Pub. L. 97-113 struck out from provision
    preceding par. (1) ", for the fiscal year 1981" after "for such
    purposes" and substituted in par. (1) "$335,600,000 for the fiscal
    year 1982 and $335,600,000 for the fiscal year 1983" for
    "$293,800,000".
      1980 - Subsec. (a). Pub. L. 96-533 substituted in provisions
    preceding par. (1) "1981" for "1980" and in par. (1) "$293,800,000"
    for "$263,000,000".
      1979 - Subsec. (a). Pub. L. 96-53 substituted in provisions
    preceding par. (1) "1980" for "1979" and in par. (1) "$263,000,000"
    for "$261,000,000".
      1978 - Subsec. (a). Pub. L. 95-424 substituted in provisions
    preceding par. (1) "1979" for "1978" and in par. (1) "$261,000,000"
    for "$220,200,000".
      1977 - Pub. L. 95-88 substituted provisions authorizing
    appropriations for fiscal year 1978 for provisions stating that
    nothing in this chapter was intended to preclude the Committees on
    Appropriations from setting a ceiling on operating expenses of the
    agency primarily responsible for administering subchapter I of this
    chapter or limiting the availability of other sums therefor.

                     EFFECTIVE DATE OF 1985 AMENDMENT                 
      Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section
    1301 of Pub. L. 99-83, set out as a note under section 2151-1 of
    this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section
    512(a) of Pub. L. 96-53, set out as a note under section 2151 of
    this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-424 effective Oct. 1, 1978, see section
    605 of Pub. L. 95-424, set out as a note under section 2151 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2428                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2428. Repealed.

-MISC1-
    Sec. 2428. Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(1),
      Dec. 29, 1981, 95 Stat. 1560.
      Section, Pub. L. 87-195, pt. III, Sec. 668, as added Pub. L. 94-
    329, title IV, Sec. 411, June 30, 1976, 90 Stat. 760, required
    annual reports respecting the Republic of Korea's armed forces
    modernization and self-sufficiency program, the role of the United
    States in the security of the Republic of Korea, and prospects for
    a withdrawal of United States forces from the country. See section
    2375 of this title.

-End-



-CITE-
    22 USC Sec. 2428a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2428a. Congressional declaration of policy toward Korea;
      transmittal of report to Speaker of the House and Congressional
      committees

-STATUTE-
      (a) The Congress declares that - 
        (1) United States policy toward Korea should continue to be
      arrived at by joint decision of the President and the Congress;
        (2) in any implementation of the President's policy of gradual
      and phased reduction of United States ground forces from the
      Republic of Korea, the United States should seek to accomplish
      such reduction in stages consistent with United States interests
      in Asia, notably Japan, and with the security interests of the
      Republic of Korea;
        (3) any implementation of this policy should be carried out
      with a careful regard to the interest of the United States in
      continuing its close relationship with the people and government
      of Japan, in fostering democratic practices in the Republic of
      Korea, and in maintaining stable relations among the countries of
      East Asia; and
        (4) these interests can be served most effectively by a policy
      which involves consultations by the United States Government, as
      appropriate, with the governments of the region, particularly
      those directly involved.

      (b)(1) Any implementation of the foregoing policy shall be
    carried out in regular consultation with the Congress.
      (2) Repealed. Pub. L. 103-236, title I, Sec. 139(5), Apr. 30,
    1994, 108 Stat. 398.

-SOURCE-
    (Pub. L. 95-105, title V, Sec. 512, Aug. 17, 1977, 91 Stat. 861;
    Pub. L. 103-236, title I, Sec. 139(5), Apr. 30, 1994, 108 Stat.
    398.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Year 1978, and not as part of the Foreign
    Assistance Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(2). Pub. L. 103-236 struck out par. (2) which
    read as follows: "Not later than February 15, 1978, and not later
    than February 15 of each year thereafter until any such withdrawal
    is completed, the President shall transmit a report in writing to
    the Speaker of the House of Representatives and the Committees on
    Foreign Relations, Armed Services, and Intelligence of the Senate
    assessing the implementation of the foregoing policy."

-End-



-CITE-
    22 USC Sec. 2428b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2428b. Special security assistance for modernization of Armed
      Forces of Korea

-STATUTE-
    (a) Transfer authority of President of defense articles and
      services located in Korea; applicable terms and conditions;
      reimbursement
      (1) The President is authorized until December 31, 1982 - 
        (A) to transfer, without reimbursement, to the Republic of
      Korea, only in conjunction with the withdrawal of the 2d Infantry
      Division and support forces from Korea, such United States
      Government-owned defense articles as he may determine which are
      located in Korea in the custody of units of the United States
      Army scheduled to depart from Korea; and
        (B) to furnish to the Republic of Korea, without reimbursement,
      defense services (including technical and operational training)
      in Korea directly related to the United States Government-owned
      defense articles transferred to the Republic of Korea under this
      subsection.

      (2) Any transfer under the authority of this section shall be
    made in accordance with all the terms and conditions of the Foreign
    Assistance Act of 1961 [22 U.S.C. 2151 et seq.] applicable to the
    furnishing of defense articles and defense services under chapter 2
    of part II of that Act [22 U.S.C. 2311 et seq.], except that no
    funds heretofore or hereafter appropriated under that Act shall be
    available to reimburse any agency of the United States Government
    for any such transfer or related services.
    (b) Additional transfer authority of President of defense articles
      located outside of Korea; prerequisites for determinations
      respecting transfers; report by President to Congress of
      determinations
      In order that transfers of defense articles under subsection (a)
    of this section will not cause significant adverse impact on the
    readiness of the Armed Forces of the United States, the President
    is authorized, in lieu of such transfers, to transfer additional
    defense articles from the stocks of the Department of Defense,
    wherever located, to the Republic of Korea to compensate for the
    military capability of defense articles withdrawn from Korea in any
    case where he determines that - 
        (1) the transfer of specific defense articles located in Korea
      would have a significant adverse impact on the readiness of the
      United States Armed Forces;
        (2) the defense capability provided by those defense articles
      is needed by the Armed Forces of the Republic of Korea in order
      to maintain the military balance on the Korean peninsula; and
        (3) a comparable defense capability could be provided by less
      advanced defense articles in the stocks of the Department of
      Defense which could be transferred without significant adverse
      impact on the readiness of the United States Armed Forces.

    The President shall report to the Congress each determination made
    under this subsection prior to the transfer of the defense articles
    described in such determination.
    (c) Report by President to Congress of types, etc., of transferred
      defense articles
      The President shall transmit to the Congress, together with the
    presentation materials for security assistance programs proposed
    for each fiscal year through and including the fiscal year 1983, a
    report describing the types, quantities, and value of defense
    articles furnished or intended to be furnished to the Republic of
    Korea under this section.
    (d) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec. 29,
      1981, 95 Stat. 1560
    (e) Congressional policy respecting further troop withdrawals
      (1) It is the sense of the Congress that further withdrawal of
    ground forces of the United States from the Republic of Korea may
    seriously risk upsetting the military balance in that region and
    requires full advance consultation with the Congress.
      (2) Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(12), Dec.
    29, 1981, 95 Stat. 1560.

-SOURCE-
    (Pub. L. 95-384, Sec. 23, Sept. 26, 1978, 92 Stat. 743; Pub. L. 97-
    113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec.
    (a)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
    which is classified principally to this chapter (Sec. 2151 et
    seq.). Chapter 2 of part II of that Act is classified generally to
    part II (Sec. 2311 et seq.) of subchapter II of this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Security
    Assistance Act of 1978, and not as part of the Foreign Assistance
    Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (d). Pub. L. 97-113 struck out subsec. (d) which
    required Presidential reports to Congress respecting viability of
    troop withdrawals from Korea.
      Subsec. (e)(2). Pub. L. 97-113 struck out par. (2) which required
    Presidential reports to Congress respecting effect of further troop
    withdrawals from Korea.

-End-



-CITE-
    22 USC Secs. 2429, 2429a                                    01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Secs. 2429, 2429a. Repealed.

-MISC1-
    Secs. 2429, 2429a. Repealed. Pub. L. 103-236, title VIII, Sec.
      826(b), Apr. 30, 1994, 108 Stat. 519.
      Section 2429, Pub. L. 87-195, pt. III, Sec. 669, as added Pub. L.
    94-329, title III, Sec. 305, June 30, 1976, 90 Stat. 755; amended
    Pub. L. 95-92, Sec. 12, Aug. 4, 1977, 91 Stat. 620; Pub. L. 95-384,
    Secs. 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737; Pub.
    L. 97-113, title VII, Sec. 737(b), Dec. 29, 1981, 95 Stat. 1562,
    related to nuclear enrichment transfers by or to recipients of
    economic, military or security supporting assistance from the
    United States. See section 2799aa of this title.
      Section 2429a, Pub. L. 87-195, pt. III, Sec. 670, as added Pub.
    L. 95-92, Sec. 12, Aug. 4, 1977, 91 Stat. 620; amended Pub. L. 95-
    384, Secs. 10(b)(4), 12(c)(3), Sept. 26, 1978, 92 Stat. 735, 737;
    Pub. L. 97-113, title VII, Sec. 737(c), Dec. 29, 1981, 95 Stat.
    1562; Pub. L. 99-83, title XII, Sec. 1204(a), (b), Aug. 8, 1985, 99
    Stat. 277, prohibited assistance to countries involved in transfer
    of nuclear reprocessing equipment, materials, or technology. See
    section 2799aa-1 of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal by section 826(b) of Pub. L. 103-236 effective 60 days
    after Apr. 30, 1994, see section 831 of Pub. L. 103-236, set out as
    an Effective Date note under section 6301 of this title.

-End-



-CITE-
    22 USC Sec. 2429a-1                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2429a-1. Annual report on nuclear transfer activities

-STATUTE-
      Beginning with the fiscal year 1983 and for each fiscal year
    thereafter, the President shall prepare and transmit to the
    Congress, as part of the presentation materials for foreign
    assistance programs proposed for that fiscal year, a classified
    report describing the nuclear programs and related activities of
    any country for which a waiver of section 2799aa or 2799aa-1 of
    this title is in effect, including an assessment of - 
        (1) the extent and effectiveness of International Atomic Energy
      Agency safeguards at that country's nuclear facilities; and
        (2) the capability, actions, and intentions of the government
      of that country with respect to the manufacture or acquisition of
      a nuclear explosive device.

-SOURCE-
    (Pub. L. 97-113, title VII, Sec. 735, Dec. 29, 1981, 95 Stat. 1561;
    Pub. L. 103-236, title VIII, Sec. 826(c), Apr. 30, 1994, 108 Stat.
    519.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Security and
    Development Cooperation Act of 1981, and not as part of the Foreign
    Assistance Act of 1961 which comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-236 substituted "section 2799aa or 2799aa-1"
    for "section 2429 or 2429a".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 effective 60 days after Apr. 30,
    1994, see section 831 of Pub. L. 103-236, set out as an Effective
    Date note under section 6301 of this title.

-End-



-CITE-
    22 USC Sec. 2429a-2                                         01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2429a-2. Enforcement of nonproliferation treaties

-STATUTE-
    (a) Policy
      It is the sense of the Congress that the President should
    instruct the United States Permanent Representative to the United
    Nations to enhance the role of that institution in the enforcement
    of nonproliferation treaties through the passage of a United
    Nations Security Council resolution which would state that, any non-
    nuclear weapon state that is found by the United Nations Security
    Council, in consultation with the International Atomic Energy
    Agency (IAEA), to have terminated, abrogated, or materially
    violated an IAEA full-scope safeguards agreement would be subjected
    to international economic sanctions, the scope of which to be
    determined by the United Nations Security Council.
    (b) Prohibition
      Notwithstanding any other provision of law, no United States
    assistance under the Foreign Assistance Act of 1961 [22 U.S.C. 2151
    et seq.] shall be provided to any non-nuclear weapon state that is
    found by the President to have terminated, abrogated, or materially
    violated an IAEA full-scope safeguard agreement or materially
    violated a bilateral United States nuclear cooperation agreement
    entered into after March 10, 1978.
    (c) Waiver
      The President may waive the application of subsection (b) of this
    section if - 
        (1) the President determines that the termination of such
      assistance would be seriously prejudicial to the achievement of
      United States nonproliferation objectives or otherwise jeopardize
      the common defense and security; and
        (2) the President reports such determination to the Congress at
      least 15 days in advance of any resumption of assistance to that
      state.

-SOURCE-
    (Pub. L. 103-236, title V, Sec. 530, Apr. 30, 1994, 108 Stat. 479.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Assistance Act of 1961, referred to in subsec. (b),
    is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which
    is classified principally to this chapter (Sec. 2151 et seq.). For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2151 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995, and not as part of
    the Foreign Assistance Act of 1961 which comprises this chapter.

-End-



-CITE-
    22 USC Sec. 2429b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
    Part III - Miscellaneous Provisions

-HEAD-
    Sec. 2429b. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 87-195, pt. III, Sec. 671, as added Pub. L. 95-
    88, title I, Sec. 130, Aug. 3, 1977, 91 Stat. 543, which related
    to notification of program changes, was transferred to section 2394-
    1 of this title.

-End-


-CITE-
    22 USC SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS
           INITIATIVE                                      01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
         SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE     

-End-



-CITE-
    22 USC Sec. 2430                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430. Purpose

-STATUTE-
      The purpose of this subchapter is to encourage and support
    improvement in the lives of the people of Latin America and the
    Caribbean through market-oriented reforms and economic growth with
    interrelated actions to promote debt reduction, investment reforms,
    community based conservation, and sustainable use of the
    environment, and child survival and child development. The Facility
    will support these objectives through administration of debt
    reduction operations under this subchapter for those countries with
    democratically elected governments that meet investment reforms and
    other policy conditions.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 701, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 701 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 463, amended section 1651 of Title 42, The Public Health and
    Welfare, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug.
    1, 1962, 76 Stat. 263, except insofar as section 701 affected
    section 1651.

-End-



-CITE-
    22 USC Sec. 2430a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430a. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "administering body" means the entity provided for
      in section 2430g(c) of this title;
        (2) the term "Americas Framework Agreement" means an Americas
      Framework Agreement provided for in section 2430g of this title;
        (3) the term "Americas Fund" means an Enterprise for the
      Americas Fund provided for in section 2430f(a) of this title;
        (4) the term "appropriate congressional committees" means the
      Committee on Foreign Affairs and the Committee on Appropriations
      of the House of Representatives and the Committee on Foreign
      Relations and the Committee on Appropriations of the Senate;
        (5) the term "beneficiary country" means an eligible country
      with respect to which the authority of section 2430c(a)(1) of
      this title is exercised;
        (6) the term "eligible country" means a country designated by
      the President in accordance with section 2430b of this title;
        (7) the term "Enterprise for the Americas Board" or "Board"
      means the board established by section 1738i of title 7; and
        (8) the term "Facility" means the Enterprise for the Americas
      Facility established in the Department of the Treasury by section
      1738 of title 7.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 702, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 702 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 463, amended section 1701 of Title 42, The Public Health and
    Welfare, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug.
    1, 1962, 76 Stat. 263, except insofar as section 702 affected
    section 1701.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Foreign Affairs of House of Representatives treated
    as referring to Committee on International Relations of House of
    Representatives by section 1(a) of Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
    22 USC Sec. 2430b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430b. Eligibility for benefits

-STATUTE-
    (a) Requirements
      To be eligible for benefits from the Facility under this
    subchapter, a country must be a Latin American or Caribbean country
    - 
        (1) whose government is democratically elected;
        (2) whose government has not repeatedly provided support for
      acts of international terrorism;
        (3) whose government is not failing to cooperate on
      international narcotics control matters;
        (4) whose government (including its military or other security
      forces) does not engage in a consistent pattern of gross
      violations of internationally recognized human rights;
        (5) that has in effect, has received approval for, or, as
      appropriate in exceptional circumstances, is making significant
      progress toward - 
          (A) an International Monetary Fund standby arrangement,
        extended Fund arrangement, or an arrangement under the
        structural adjustment facility or enhanced structural
        adjustment facility, or in exceptional circumstances, a Fund
        monitored program or its equivalent, unless the President
        determines (after consultation with the Enterprise for the
        Americas Board) that such an arrangement or program (or its
        equivalent) could reasonably be expected to have significant
        adverse social or environmental effects; and
          (B) as appropriate, structural or sectoral adjustment loans
        from the International Bank for Reconstruction and Development
        or the International Development Association, unless the
        President determines (after consultation with the Enterprise
        for the Americas Board) that the resulting adjustment
        requirements could reasonably be expected to have significant
        adverse social or environmental effects;

        (6) has put in place major investment reforms in conjunction
      with an Inter-American Development Bank loan or otherwise is
      implementing, or is making significant progress toward, an open
      investment regime; and
        (7) if appropriate, has agreed with its commercial bank lenders
      on a satisfactory financing program, including, as appropriate,
      debt or debt service reduction.
    (b) Eligibility determinations
      Consistent with subsection (a) of this section, the President
    shall determine whether a country is eligible to receive benefits
    under this subchapter. The President shall notify the appropriate
    congressional committees of his intention to designate a country as
    an eligible country at least 15 days in advance of any formal
    determination.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 703, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3664.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 703 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 463, amended section 1613d of this title and enacted
    provisions set out as a note under section 1613d of this title,
    prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962,
    76 Stat. 263, except insofar as section 703 affected section 1613d.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under this section, see
    section 1 of Ex. Ord. No. 13345, July 8, 2004, 69 F.R. 41901, set
    out as a note under section 1738 of Title 7, Agriculture.

-End-



-CITE-
    22 USC Sec. 2430c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430c. Reduction of certain debt

-STATUTE-
    (a) Authority to reduce debt
      (1) Authority
        The President may reduce the amount owed to the United States
      (or any agency of the United States) that is outstanding as of
      January 1, 1992, as a result of concessional loans made to an
      eligible country by the United States under subchapter I of this
      chapter, part IV of subchapter II of this chapter, or predecessor
      foreign economic assistance legislation.
      (2) Appropriations requirement
        The authority provided by this section may be exercised only in
      such amounts or to such extent as is provided in advance by
      appropriations Acts.
      (3) Certain prohibitions inapplicable
        (A) A reduction of debt pursuant to this section shall not be
      considered assistance for purposes of any provision of law
      limiting assistance to a country.
        (B) The authority of this section may be exercised
      notwithstanding section 2370(r) of this title or section 321 of
      the International Development and Food Assistance Act of 1975.
    (b) Implementation of debt reduction
      (1) In general
        Any debt reduction pursuant to subsection (a) of this section
      shall be accomplished at the direction of the Facility by the
      exchange of a new obligation for obligations outstanding as of
      the date specified in subsection (a)(1) of this section.
      (2) Exchange of obligations
        The Facility shall notify the agency primarily responsible for
      administering subchapter I of this chapter of the agreement with
      an eligible country to exchange a new obligation for outstanding
      obligations pursuant to this subsection. At the direction of the
      Facility, the old obligations shall be canceled and a new debt
      obligation for the country shall be established, and the agency
      primarily responsible for administering subchapter I of this
      chapter shall make an adjustment in its accounts to reflect the
      debt reduction.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 704, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3665.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 321 of the International Development and Food Assistance
    Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of
    Pub. L. 94-161, which is set out as a note under section 2220a of
    this title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-228, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      A prior section 704 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 463, amended section 1704 of Title 7, Agriculture, prior to
    repeal by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat.
    263, except insofar as section 704 affected section 1704.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under subsec. (a) of
    this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69
    F.R. 41901, set out as a note under section 1738 of Title 7,
    Agriculture.

-End-



-CITE-
    22 USC Sec. 2430d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430d. Repayment of principal

-STATUTE-
    (a) Currency of payment
      The principal amount of each new obligation issued pursuant to
    section 2430c(b) of this title shall be repaid in United States
    dollars.
    (b) Deposit of payments
      Principal repayments of new obligations shall be deposited in the
    United States Government account established for principal
    repayments of the obligations for which those obligations were
    exchanged.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 705, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 705 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 463, amended section 1964 of this title, prior to repeal by
    Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
    except insofar as section 705 affected section 1964.

-End-



-CITE-
    22 USC Sec. 2430e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430e. Interest on new obligations

-STATUTE-
    (a) Rate of interest
      New obligations issued by a beneficiary country pursuant to
    section 2430c(b) of this title shall bear interest at a
    concessional rate.
    (b) Currency of payment; deposits
      (1) Local currency
        If the beneficiary country has entered into an Americas
      Framework Agreement, interest shall be paid in the local currency
      of the beneficiary country and deposited in an Americas Fund.
      Such interest shall be the property of the beneficiary country,
      until such time as it is disbursed pursuant to section 2430f(d)
      of this title. Such local currencies shall be used for the
      purposes specified in the Americas Framework Agreement.
      (2) United States dollars
        If the beneficiary country has not entered into an Americas
      Framework Agreement, interest shall be paid in United States
      dollars and deposited in the United States Government account
      established for interest payments of the obligations for which
      the new obligations were exchanged.
    (c) Interest already paid
      If a beneficiary country enters into an Americas Framework
    Agreement subsequent to the date on which interest first became due
    on the newly issued obligation, any interest already paid on such
    new obligation shall not be redeposited into the Americas Fund
    established for that country.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 706, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 706 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 463, enacted section 1945 of this title, prior to repeal by
    Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
    except insofar as section 706 affected section 1945.

-End-



-CITE-
    22 USC Sec. 2430f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430f. Enterprise for the Americas Funds

-STATUTE-
    (a) Establishment
      Each beneficiary country that enters into an Americas Framework
    Agreement shall be required to establish an Enterprise for the
    Americas Fund to receive payments in local currency pursuant to
    section 2430e(b)(1) of this title.
    (b) Deposits
      Local currencies deposited in an Americas Fund shall not be
    considered assistance for purposes of any provision of law limiting
    assistance to a country.
    (c) Investment
      Deposits made in an Americas Fund shall be invested until
    disbursed. Any return on such investment may be retained by the
    Americas Fund, without deposit in the Treasury of the United States
    and without further appropriation by the Congress.
    (d) Disbursements
      Funds in an Americas Fund shall be disbursed only pursuant to an
    Americas Framework Agreement.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 707, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3666.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 707 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 464, amended section 1783 of this title, prior to repeal by
    Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
    except insofar as section 707 affected section 1783.

-End-



-CITE-
    22 USC Sec. 2430g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430g. Americas Framework Agreements

-STATUTE-
    (a) Authority
      The Secretary of State is authorized, in consultation with other
    appropriate Government officials, to enter into an Americas
    Framework Agreement with any eligible country concerning the
    operation and use of the Americas Fund for that country. In the
    negotiation of such Agreements, the Secretary shall consult with
    the Enterprise for the Americas Board in accordance with section
    2430h of this title.
    (b) Contents of Agreements
      An Americas Framework Agreement with an eligible country shall - 
        (1) require that country to establish an Americas Fund;
        (2) require that country to make interest payments under
      section 2430e(b)(1) of this title into an Americas Fund;
        (3) require that country to make prompt disbursements from the
      Americas Fund to the administering body described in subsection
      (c) of this section;
        (4) when appropriate, seek to maintain the value of the local
      currency resources of the Americas Fund in terms of United States
      dollars;
        (5) specify, in accordance with subsection (d) of this section,
      the purposes for which amounts in an Americas Fund may be used;
      and
        (6) contain reasonable provisions for the enforcement of the
      terms of the agreement.
    (c) Administering body
      (1) In general
        Funds disbursed from the Americas Fund in each beneficiary
      country shall be administered by a body constituted under the
      laws of that country.
      (2) Composition
        The administering body shall consist of - 
          (A) one or more individuals appointed by the United States
        Government,
          (B) one or more individuals appointed by the government of
        the beneficiary country, and
          (C) individuals who represent a broad range of - 
            (i) environmental nongovernmental organizations of the
          beneficiary country,
            (ii) child survival and child development nongovernmental
          organizations of the beneficiary country,
            (iii) local community development nongovernmental
          organizations of the beneficiary country, and
            (iv) scientific or academic organizations or institutions
          of the beneficiary country.

      A majority of the members of the administering body shall be
      individuals described in subparagraph (C).
      (3) Responsibilities
        The administering body - 
          (A) shall receive proposals for grant assistance from
        eligible grant recipients (as determined under subsection (e)
        of this section) and make grants to eligible grant recipients
        in accordance with the priorities agreed upon in the Americas
        Framework Agreement, consistent with subsection (d) of this
        section;
          (B) shall be responsible for the management of the program
        and oversight of grant activities funded from resources of the
        Americas Fund;
          (C) shall be subject, on an annual basis, to an audit of
        financial statements conducted in accordance with generally
        accepted auditing standards by an independent auditor;
          (D) shall be required to grant to representatives of the
        United States Government Accountability Office such access to
        books and records associated with operations of the Americas
        Fund as the Comptroller General of the United States may
        request;
          (E) shall present an annual program for review each year by
        the Enterprise for the Americas Board; and
          (F) shall submit a report each year on the activities that it
        undertook during the previous year to the Chair of the
        Enterprise for the Americas Board and to the government of the
        beneficiary country.
    (d) Eligible activities
      Grants from an Americas Fund shall be used for - 
        (1) activities that link the conservation and sustainable use
      of natural resources with local community development; and
        (2) child survival and other child development activities.
    (e) Grant recipients
      Grants made from an Americas Fund shall be made to - 
        (1) nongovernmental environmental, conservation, child survival
      and child development, development, and indigenous peoples
      organizations of the beneficiary country;
        (2) other appropriate local or regional entities; and
        (3) in exceptional circumstances, the government of the
      beneficiary country.
    (f) Review of larger grants
      Any grant of more than $100,000 from an Americas Fund shall be
    subject to veto by the Government of the United States or the
    government of the beneficiary country.
    (g) Eligibility criteria
      In the event that a country ceases to meet the eligibility
    requirements set forth in section 2430b(a) of this title, as
    determined by the President pursuant to section 2430b(b) of this
    title, then grants from the Americas Fund for that country may only
    be made to nongovernmental organizations until such time as the
    President determines that such country meets the eligibility
    requirements set forth in section 2430b(a) of this title.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 708, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3667; amended Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(3)(D). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

                             PRIOR PROVISIONS                         
      A prior section 708 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 464, amended sections 1041, 1112, 1136, 1148, and 1157 of
    this title, prior to repeal by Pub. L. 87-565, pt. IV, Sec. 401,
    Aug. 1, 1962, 76 Stat. 263, except insofar as section 708 affected
    sections 1041, 1112, 1136, 1148, and 1157.

-End-



-CITE-
    22 USC Sec. 2430h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430h. Enterprise for the Americas Board

-STATUTE-
      For purposes of this subchapter, the Enterprise for the Americas
    Board shall - 
        (1) advise the Secretary of State on the negotiations of
      Americas Framework Agreements;
        (2) ensure, in consultation with - 
          (A) the government of the beneficiary country,
          (B) nongovernmental organizations of the beneficiary country,
          (C) nongovernmental organizations of the region (if
        appropriate),
          (D) environmental, scientific, child survival and child
        development, and academic leaders of the beneficiary country,
        and
          (E) environmental, scientific, child survival and child
        development, and academic leaders of the region (as
        appropriate),

      that a suitable administering body is identified for each
      Americas Fund; and
        (3) review the programs, operations, and fiscal audits of each
      administering body.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 709, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3668.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 709 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 465, amended section 279a of this title, prior to repeal by
    Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
    except insofar as section 709 affected section 279a.

-End-



-CITE-
    22 USC Sec. 2430i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER III-A - ENTERPRISE FOR THE AMERICAS INITIATIVE

-HEAD-
    Sec. 2430i. Annual reports to Congress

-STATUTE-
      The annual reports submitted pursuant to section 1738m of title 7
    shall include a description of each Americas Framework Agreement
    and a description of any grants that have been extended by
    administering bodies pursuant to an Americas Framework Agreement.

-SOURCE-
    (Pub. L. 87-195, pt. IV, Sec. 710, as added Pub. L. 102-549, title
    VI, Sec. 602(a), Oct. 28, 1992, 106 Stat. 3669.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 710 of Pub. L. 87-195, pt. IV, Sept. 4, 1961, 75
    Stat. 465, amended section 276 of this title and enacted provisions
    set out as a note under section 276 of this title, prior to repeal
    by Pub. L. 87-565, pt. IV, Sec. 401, Aug. 1, 1962, 76 Stat. 263,
    except insofar as section 710 affected section 276.

-End-


-CITE-
    22 USC SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING
           COUNTRIES WITH TROPICAL FORESTS                 01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
       SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                             TROPICAL FORESTS


-MISC1-
                             PRIOR PROVISIONS                         
      A prior subchapter IV, Indochina Postwar Reconstruction,
    consisted of sections 2431 to 2435, prior to repeal by Pub. L. 94-
    329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.

-End-



-CITE-
    22 USC Sec. 2431                                            01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431. Findings and purposes

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) It is the established policy of the United States to
      support and seek protection of tropical forests around the world.
        (2) Tropical forests provide a wide range of benefits to
      humankind by - 
          (A) harboring a major share of the Earth's biological and
        terrestrial resources, which are the basis for developing
        pharmaceutical products and revitalizing agricultural crops;
          (B) playing a critical role as carbon sinks in reducing
        greenhouse gases in the atmosphere, thus moderating potential
        global climate change; and
          (C) regulating hydrological cycles on which far-flung
        agricultural and coastal resources depend.

        (3) International negotiations and assistance programs to
      conserve forest resources have proliferated over the past decade,
      but the rapid rate of tropical deforestation continues unabated.
        (4) Developing countries with urgent needs for investment and
      capital for development have allocated a significant amount of
      their forests to logging concessions.
        (5) Poverty and economic pressures on the populations of
      developing countries have, over time, resulted in clearing of
      vast areas of forest for conversion to agriculture, which is
      often unsustainable in the poor soils underlying tropical
      forests.
        (6) Debt reduction can reduce economic pressures on developing
      countries and result in increased protection for tropical
      forests.
        (7) Finding economic benefits to local communities from
      sustainable uses of tropical forests is critical to the
      protection of tropical forests.
    (b) Purposes
      The purposes of this subchapter are - 
        (1) to recognize the values received by United States citizens
      from protection of tropical forests;
        (2) to facilitate greater protection of tropical forests (and
      to give priority to protecting tropical forests with the highest
      levels of biodiversity and under the most severe threat) by
      providing for the alleviation of debt in countries where tropical
      forests are located, thus allowing the use of additional
      resources to protect these critical resources and reduce economic
      pressures that have led to deforestation;
        (3) to ensure that resources freed from debt in such countries
      are targeted to protection of tropical forests and their
      associated values; and
        (4) to rechannel existing resources to facilitate the
      protection of tropical forests.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 802, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 885.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2431, Pub. L. 87-195, pt. V, Sec. 801, as added
    Pub. L. 93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, authorized
    the President to furnish assistance for relief and reconstruction
    of South Vietnam, Cambodia, and Laos, prior to repeal by Pub. L. 94-
    329, title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.
      A prior section 802 of Pub. L. 87-195, pt. V, was classified to
    section 2432 of this title prior to repeal by Pub. L. 94-329.

                                SHORT TITLE                            
      For short title of this subchapter as the "Tropical Forest
    Conservation Act of 1998", see section 801 of Pub. L. 87-195, set
    out as a note under section 2151 of this title.

-End-



-CITE-
    22 USC Sec. 2431a                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431a. Definitions

-STATUTE-
      As used in this subchapter:
      (1) Administering body
        The term "administering body" means the entity provided for in
      section 2431g(c) of this title.
      (2) Appropriate congressional committees
        The term "appropriate congressional committees" means - 
          (A) the Committee on International Relations and the
        Committee on Appropriations of the House of Representatives;
        and
          (B) the Committee on Foreign Relations and the Committee on
        Appropriations of the Senate.
      (3) Beneficiary country
        The term "beneficiary country" means an eligible country with
      respect to which the authority of section 2431d(a)(1) of this
      title, section 2431e(a)(1) of this title, or paragraph (1) or (2)
      of section 2431f(a) of this title is exercised.
      (4) Board
        The term "Board" means the board referred to in section 2431i
      of this title.
      (5) Developing country with a tropical forest
        The term "developing country with a tropical forest" means - 
          (A)(i) a country that has a per capita income of $725 or less
        in 1994 United States dollars (commonly referred to as "low-
        income country"), as determined and adjusted on an annual
        basis by the International Bank for Reconstruction and
        Development in its World Development Report; or
          (ii) a country that has a per capita income of more than $725
        but less than $8,956 in 1994 United States dollars (commonly
        referred to as "middle-income country"), as determined and
        adjusted on an annual basis by the International Bank for
        Reconstruction and Development in its World Development Report;
        and
          (B) a country that contains at least one tropical forest that
        is globally outstanding in terms of its biological diversity or
        represents one of the larger intact blocks of tropical forests
        left, on a regional, continental, or global scale.
      (6) Eligible country
        The term "eligible country" means a country designated by the
      President in accordance with section 2431c of this title.
      (7) Tropical Forest Agreement
        The term "Tropical Forest Agreement" or "Agreement" means a
      Tropical Forest Agreement provided for in section 2431g of this
      title.
      (8) Tropical Forest Facility
        The term "Tropical Forest Facility" or "Facility" means the
      Tropical Forest Facility established in the Department of the
      Treasury by section 2431b of this title.
      (9) Tropical Forest Fund
        The term "Tropical Forest Fund" or "Fund" means a Tropical
      Forest Fund provided for in section 2431h of this title.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 803, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 886.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 803 of Pub. L. 87-195, pt. V, was classified to
    section 2433 of this title prior to repeal by Pub. L. 94-329.

-End-



-CITE-
    22 USC Sec. 2431b                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431b. Establishment of Facility

-STATUTE-
      There is established in the Department of the Treasury an entity
    to be known as the "Tropical Forest Facility" for the purpose of
    providing for the administration of debt reduction in accordance
    with this subchapter.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 804, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 887.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 804 of Pub. L. 87-195, pt. V, was classified to
    section 2434 of this title prior to repeal by Pub. L. 94-329.

-End-



-CITE-
    22 USC Sec. 2431c                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431c. Eligibility for benefits

-STATUTE-
    (a) In general
      To be eligible for benefits from the Facility under this
    subchapter, a country shall be a developing country with a tropical
    forest - 
        (1) whose government meets the requirements applicable to Latin
      American or Caribbean countries under paragraphs (1) through (5)
      and (7) of section 2430b(a) of this title; and
        (2) that has put in place investment reforms, as evidenced by
      the conclusion of a bilateral investment treaty with the United
      States, implementation of an investment sector loan with the
      Inter-American Development Bank, World Bank-supported investment
      reforms, or other measures, as appropriate.
    (b) Eligibility determinations
      (1) In general
        Consistent with subsection (a) of this section, the President
      shall determine whether a country is eligible to receive benefits
      under this subchapter.
      (2) Congressional notification
        The President shall notify the appropriate congressional
      committees of his intention to designate a country as an eligible
      country at least 15 days in advance of any formal determination.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 805, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 887; amended Pub. L. 107-26, Sec. 1, Aug.
    17, 2001, 115 Stat. 206.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 805 of Pub. L. 87-195, pt. V, enacted a provision
    set out as a note under former section 2431 of this title prior to
    repeal by Pub. L. 94-329, title IV, Sec. 413(a), June 30, 1976, 90
    Stat. 761.

                                AMENDMENTS                            
      2001 - Subsec. (a)(2). Pub. L. 107-26 struck out "major" before
    "investment reforms,".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under subsec. (b) of
    this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69
    F.R. 41901, set out as a note under section 1738 of Title 7,
    Agriculture.

-End-



-CITE-
    22 USC Sec. 2431d                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431d. Reduction of debt owed to United States as result of
      concessional loans under this chapter

-STATUTE-
    (a) Authority to reduce debt
      (1) Authority
        The President may reduce the amount owed to the United States
      (or any agency of the United States) that is outstanding as of
      January 1, 1998, as a result of concessional loans made to an
      eligible country by the United States under subchapter I of this
      chapter, part IV of subchapter II of this chapter, or predecessor
      foreign economic assistance legislation.
      (2) Authorization of appropriations
        For the cost (as defined in section 661a(5) of title 2) for the
      reduction of any debt pursuant to this section, there are
      authorized to be appropriated to the President - 
          (A) $25,000,000 for fiscal year 1999;
          (B) $75,000,000 for fiscal year 2000; and
          (C) $100,000,000 for fiscal year 2001.
      (3) Certain prohibitions inapplicable
        (A) In general
          A reduction of debt pursuant to this section shall not be
        considered assistance for purposes of any provision of law
        limiting assistance to a country.
        (B) Additional requirement
          The authority of this section may be exercised
        notwithstanding section 2370(r) of this title or section 321 of
        the International Development and Food Assistance Act of 1975.
    (b) Implementation of debt reduction
      (1) In general
        Any debt reduction pursuant to subsection (a) of this section
      shall be accomplished at the direction of the Facility by the
      exchange of a new obligation for obligations of the type referred
      to in subsection (a) of this section outstanding as of the date
      specified in subsection (a)(1) of this section.
      (2) Exchange of obligations
        (A) In general
          The Facility shall notify the agency primarily responsible
        for administering subchapter I of this chapter of an agreement
        entered into under paragraph (1) with an eligible country to
        exchange a new obligation for outstanding obligations.
        (B) Additional requirement
          At the direction of the Facility, the old obligations that
        are the subject of the agreement shall be canceled and a new
        debt obligation for the country shall be established relating
        to the agreement, and the agency primarily responsible for
        administering subchapter I of this chapter shall make an
        adjustment in its accounts to reflect the debt reduction.
    (c) Additional terms and conditions
      (1) The following additional terms and conditions shall apply to
    the reduction of debt under subsection (a)(1) of this section in
    the same manner as such terms and conditions apply to the reduction
    of debt under section 2430c(a)(1) of this title:
        (A) The provisions relating to repayment of principal under
      section 2430d of this title.
        (B) The provisions relating to interest on new obligations
      under section 2430e of this title.

      (2) In addition to the application of the provisions relating to
    repayment of principal under section 2430d of this title to the
    reduction of debt under subsection (a)(1) of this section (in
    accordance with paragraph (1)(A) of this subsection), repayment of
    principal on a new obligation established under subsection (b) of
    this section may be made in the local currency of the beneficiary
    country and deposited in the Tropical Forest Fund of the country in
    the same manner as the provisions relating to payment of interest
    on new obligations under section 2430e of this title.
    (d) Authorization of appropriations for fiscal years after fiscal
      year 2001
      For the cost (as defined in section 661a(5) of title 2) for the
    reduction of any debt pursuant to this section or section 2431e of
    this title, there are authorized to be appropriated to the
    President the following:
        (1) $50,000,000 for fiscal year 2002.
        (2) $75,000,000 for fiscal year 2003.
        (3) $100,000,000 for fiscal year 2004.
        (4) $20,000,000 for fiscal year 2005.
        (5) $25,000,000 for fiscal year 2006.
        (6) $30,000,000 for fiscal year 2007.
    (e) Use of funds to conduct program audits and evaluations
      Of the amounts made available to carry out this subchapter for a
    fiscal year, $200,000 is authorized to be made available to carry
    out audits and evaluations of programs under this subchapter,
    including personnel costs associated with such audits and
    evaluations.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 806, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 887; amended Pub. L. 107-26, Sec. 2(a),
    Aug. 17, 2001, 115 Stat. 206; Pub. L. 108-323, Secs. 1-3(a), Oct.
    6, 2004, 118 Stat. 1218.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in section catchline, was in the
    original "the Foreign Assistance Act of 1961", meaning Pub. L. 87-
    195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified
    principally to this chapter (Sec. 2151 et seq.). For complete
    classification of the Act to the Code, see Short Title note set out
    under section 2151 of this title and Tables.
      Section 321 of the International Development and Food Assistance
    Act of 1975, referred to in subsec. (a)(3)(B), is section 321 of
    Pub. L. 94-161, Dec. 20, 1975, 89 Stat. 868, which is set out as a
    note under section 2220a of this title.


-MISC1-
       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.

                             PRIOR PROVISIONS                         
      A prior section 806 of Pub. L. 87-195, pt. V, was classified to
    section 2435 of this title prior to repeal by Pub. L. 94-329.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-323, Sec. 3(a), designated
    existing provisions as par. (1), redesignated former pars. (1) and
    (2) as subpars. (A) and (B), respectively, of par. (1), and added
    par. (2).
      Subsec. (d)(4) to (6). Pub. L. 108-323, Sec. 1, added pars. (4)
    to (6).
      Subsec. (e). Pub. L. 108-323, Sec. 2, added subsec. (e).
      2001 - Subsec. (d). Pub. L. 107-26 added subsec. (d).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under subsec. (a) of
    this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69
    F.R. 41901, set out as a note under section 1738 of Title 7,
    Agriculture.

-End-



-CITE-
    22 USC Sec. 2431e                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431e. Reduction of debt owed to United States as result of
      credits extended under title I of Agricultural Trade Development
      and Assistance Act of 1954

-STATUTE-
    (a) Authority to reduce debt
      (1) Authority
        Notwithstanding any other provision of law, the President may
      reduce the amount owed to the United States (or any agency of the
      United States) that is outstanding as of January 1, 1998, as a
      result of any credits extended under title I of the Agricultural
      Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et
      seq.) to a country eligible for benefits from the Facility.
      (2) Authorization of appropriations
        (A) In general
          For the cost (as defined in section 661a(5) of title 2) for
        the reduction of any debt pursuant to this section, there are
        authorized to be appropriated to the President - 
            (i) $25,000,000 for fiscal year 1999;
            (ii) $50,000,000 for fiscal year 2000; and
            (iii) $50,000,000 for fiscal year 2001.
        (B) Limitation
          The authority provided by this section shall be available
        only to the extent that appropriations for the cost (as defined
        in section 661a(5) of title 2) of the modification of any debt
        pursuant to this section are made in advance.
    (b) Implementation of debt reduction
      (1) In general
        Any debt reduction pursuant to subsection (a) of this section
      shall be accomplished at the direction of the Facility by the
      exchange of a new obligation for obligations of the type referred
      to in subsection (a) of this section outstanding as of the date
      specified in subsection (a)(1) of this section.
      (2) Exchange of obligations
        (A) In general
          The Facility shall notify the Commodity Credit Corporation of
        an agreement entered into under paragraph (1) with an eligible
        country to exchange a new obligation for outstanding
        obligations.
        (B) Additional requirement
          At the direction of the Facility, the old obligations that
        are the subject of the agreement shall be canceled and a new
        debt obligation shall be established for the country relating
        to the agreement, and the Commodity Credit Corporation shall
        make an adjustment in its accounts to reflect the debt
        reduction.
    (c) Additional terms and conditions
      (1) The following additional terms and conditions shall apply to
    the reduction of debt under subsection (a)(1) of this section in
    the same manner as such terms and conditions apply to the reduction
    of debt under section 604(a)(1) of the Agricultural Trade
    Development and Assistance Act of 1954 [7 U.S.C. 1738c(a)(1)]:
        (A) The provisions relating to repayment of principal under
      section 605 of such Act [7 U.S.C. 1738d].
        (B) The provisions relating to interest on new obligations
      under section 606 of such Act [7 U.S.C. 1738e].

      (2) In addition to the application of the provisions relating to
    repayment of principal under section 605 of the Agricultural Trade
    Development and Assistance Act of 1954 [7 U.S.C. 1738d] to the
    reduction of debt under subsection (a)(1) of this section (in
    accordance with paragraph (1)(A) of this subsection), repayment of
    principal on a new obligation established under subsection (b) of
    this section may be made in the local currency of the beneficiary
    country and deposited in the Tropical Forest Fund of the country in
    the same manner as the provisions relating to payment of interest
    on new obligations under section 606 of such Act [7 U.S.C. 1738e].

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 807, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 888; amended Pub. L. 108-323, Sec. 3(b),
    Oct. 6, 2004, 118 Stat. 1219.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsec. (a)(1), is act July 10, 1954, ch. 469, 68
    Stat. 454, as amended. Title I of the Act is classified generally
    to subchapter II (Sec. 1701 et seq.) of chapter 41 of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 1691 of Title 7 and
    Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-323 designated existing
    provisions as par. (1), redesignated former pars. (1) and (2) as
    subpars. (A) and (B), respectively, of par. (1), and added par.
    (2).


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under subsec. (a) of
    this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69
    F.R. 41901, set out as a note under section 1738 of Title 7,
    Agriculture.

-End-



-CITE-
    22 USC Sec. 2431f                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431f. Authority to engage in debt-for-nature swaps and debt
      buybacks

-STATUTE-
    (a) Loans and credits eligible for sale, reduction, or cancellation
      (1) Debt-for-nature swaps
        (A) In general
          Notwithstanding any other provision of law, the President
        may, in accordance with this section, sell to any eligible
        purchaser described in subparagraph (B) any concessional loans
        described in section 2431d(a)(1) of this title or any credits
        described in section 2431e(a)(1) of this title, or on receipt
        of payment from an eligible purchaser described in subparagraph
        (B), reduce or cancel such loans (or credits) or portion
        thereof, only for the purpose of facilitating a debt-for-nature
        swap to support eligible activities described in section
        2431g(d) of this title.
        (B) Eligible purchaser described
          A loan or credit may be sold, reduced, or canceled under
        subparagraph (A) only to a purchaser who presents plans
        satisfactory to the President for using the loan or credit for
        the purpose of engaging in debt-for-nature swaps to support
        eligible activities described in section 2431g(d) of this
        title.
        (C) Consultation requirement
          Before the sale under subparagraph (A) to any eligible
        purchaser described in subparagraph (B), or any reduction or
        cancellation under such subparagraph (A), of any loan or credit
        made to an eligible country, the President shall consult with
        the country concerning the amount of loans or credits to be
        sold, reduced, or canceled and their uses for debt-for-nature
        swaps to support eligible activities described in section
        2431g(d) of this title.
        (D) Authorization of appropriations
          For the cost (as defined in section 661a(5) of title 2) for
        the reduction of any debt pursuant to subparagraph (A), amounts
        authorized to be appropriated under sections 2431d(a)(2),
        2431e(a)(2), and 2431d(d) of this title shall be made available
        for such reduction of debt pursuant to subparagraph (A).
      (2) Debt buybacks
        Notwithstanding any other provision of law, the President may,
      in accordance with this section, sell to any eligible country any
      concessional loans described in section 2431d(a)(1) of this title
      or any credits described in section 2431e(a)(1) of this title, or
      on receipt of payment from an eligible country, reduce or cancel
      such loans (or credits) or portion thereof, only for the purpose
      of facilitating a debt buyback by an eligible country of its own
      qualified debt, only if the eligible country uses an additional
      amount of the local currency of the eligible country, equal to
      not less than the lessor of 40 percent of the price paid for such
      debt by such eligible country, or the difference between the
      price paid for such debt and the face value of such debt, to
      support eligible activities described in section 2431g(d) of this
      title.
      (3) Limitation
        The authority provided by paragraphs (1) and (2) shall be
      available only to the extent that appropriations for the cost (as
      defined in section 661a(5) of title 2) of the modification of any
      debt pursuant to such paragraphs are made in advance.
      (4) Terms and conditions
        Notwithstanding any other provision of law, the President
      shall, in accordance with this section, establish the terms and
      conditions under which loans and credits may be sold, reduced, or
      canceled pursuant to this section.
      (5) Administration
        (A) In general
          The Facility shall notify the administrator of the agency
        primarily responsible for administering subchapter I of this
        chapter or the Commodity Credit Corporation, as the case may
        be, of eligible purchasers described in paragraph (1)(B) that
        the President has determined to be eligible under paragraph
        (1), and shall direct such agency or Corporation, as the case
        may be, to carry out the sale, reduction, or cancellation of a
        loan pursuant to such paragraph.
        (B) Additional requirement
          Such agency or Corporation, as the case may be, shall make an
        adjustment in its accounts to reflect the sale, reduction, or
        cancellation.
    (b) Deposit of proceeds
      The proceeds from the sale, reduction, or cancellation of any
    loan sold, reduced, or canceled pursuant to this section shall be
    deposited in the United States Government account or accounts
    established for the repayment of such loan.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 808, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 889; amended Pub. L. 107-26, Sec. 2(b),
    Aug. 17, 2001, 115 Stat. 206.)


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(1)(D). Pub. L. 107-26 substituted "to be
    appropriated under sections 2431d(a)(2), 2431e(a)(2), and 2431d(d)
    of this title" for "to appropriated under sections 2431d(a)(2) and
    2431e(a)(2) of this title".

       REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
                               SUBCHAPTER II
      References to subchapter I of this chapter are deemed to include
    parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
    (Sec. 2349aa et seq.) of subchapter II of this chapter, and
    references to subchapter II are deemed to exclude such parts. See
    section 202(b) of Pub. L. 92-226, set out as a note under section
    2346 of this title, and sections 2348c and 2349aa-5 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under subsec. (a) of
    this section, see section 1 of Ex. Ord. No. 13345, July 8, 2004, 69
    F.R. 41901, set out as a note under section 1738 of Title 7,
    Agriculture.

-End-



-CITE-
    22 USC Sec. 2431g                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431g. Tropical Forest Agreement

-STATUTE-
    (a) Authority
      (1) In general
        The Secretary of State is authorized, in consultation with
      other appropriate officials of the Federal Government, to enter
      into a Tropical Forest Agreement with any eligible country
      concerning the operation and use of the Fund for that country.
      (2) Consultation
        In the negotiation of such an Agreement, the Secretary shall
      consult with the Board in accordance with section 2431i of this
      title.
    (b) Contents of Agreement
      The requirements contained in section 2430g(b) of this title
    (relating to contents of an agreement) shall apply to an Agreement
    in the same manner as such requirements apply to an Americas
    Framework Agreement.
    (c) Administering body
      (1) In general
        Amounts disbursed from the Fund in each beneficiary country
      shall be administered by a body constituted under the laws of
      that country.
      (2) Composition
        (A) In general
          The administering body shall consist of - 
            (i) one or more individuals appointed by the United States
          Government;
            (ii) one or more individuals appointed by the government of
          the beneficiary country; and
            (iii) individuals who represent a broad range of - 
              (I) environmental nongovernmental organizations of, or
            active in, the beneficiary country;
              (II) local community development nongovernmental
            organizations of the beneficiary country; and
              (III) scientific, academic, or forestry organizations of
            the beneficiary country.
        (B) Additional requirement
          A majority of the members of the administering body shall be
        individuals described in subparagraph (A)(iii).
      (3) Responsibilities
        The requirements contained in section 2430g(c)(3) of this title
      (relating to responsibilities of the administering body) shall
      apply to an administering body described in paragraph (1) in the
      same manner as such requirements apply to an administering body
      described in section 2430g(c)(1) of this title.
    (d) Eligible activities
      Amounts deposited in a Fund shall be used only to provide grants
    to conserve, maintain, and restore the tropical forests in the
    beneficiary country, through one or more of the following
    activities:
        (1) Establishment, restoration, protection, and maintenance of
      parks, protected areas, and reserves.
        (2) Development and implementation of scientifically sound
      systems of natural resource management, including land and
      ecosystem management practices.
        (3) Training programs to increase the scientific, technical,
      and managerial capacities of individuals and organizations
      involved in conservation efforts.
        (4) Restoration, protection, or sustainable use of diverse
      animal and plant species.
        (5) Research and identification of medicinal uses of tropical
      forest plant life to treat human diseases, illnesses, and health
      related concerns.
        (6) Development and support of the livelihoods of individuals
      living in or near a tropical forest in a manner consistent with
      protecting such tropical forest.
    (e) Grant recipients
      (1) In general
        Grants made from a Fund shall be made to - 
          (A) nongovernmental environmental, forestry, conservation,
        and indigenous peoples organizations of, or active in, the
        beneficiary country;
          (B) other appropriate local or regional entities of, or
        active in, the beneficiary country; or
          (C) in exceptional circumstances, the government of the
        beneficiary country.
      (2) Priority
        In providing grants under paragraph (1), priority shall be
      given to projects that are run by nongovernmental organizations
      and other private entities and that involve local communities in
      their planning and execution.
    (f) Review of larger grants
      Any grant of more than $100,000 from a Fund shall be subject to
    veto by the Government of the United States or the government of
    the beneficiary country.
    (g) Eligibility criteria
      In the event that a country ceases to meet the eligibility
    requirements set forth in section 2431c(a) of this title, as
    determined by the President pursuant to section 2431c(b) of this
    title, then grants from the Fund for that country may only be made
    to nongovernmental organizations until such time as the President
    determines that such country meets the eligibility requirements set
    forth in section 2431c(a) of this title.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 809, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 890.)

-End-



-CITE-
    22 USC Sec. 2431h                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431h. Tropical Forest Fund

-STATUTE-
    (a) Establishment
      Each beneficiary country that enters into a Tropical Forest
    Agreement under section 2431g of this title shall be required to
    establish a Tropical Forest Fund to receive payments of interest
    and principal on new obligations undertaken by the beneficiary
    country under this subchapter.
    (b) Requirements relating to operation of Fund
      The following terms and conditions shall apply to the Fund in the
    same manner as such terms as (!1) conditions apply to an Enterprise
    for the Americas Fund under section 2430f of this title:

        (1) The provision relating to deposits under subsection (b) of
      such section.
        (2) The provision relating to investments under subsection (c)
      of such section.
        (3) The provision relating to disbursements under subsection
      (d) of such section.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 810, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 892; amended Pub. L. 108-323, Sec. 3(c),
    Oct. 6, 2004, 118 Stat. 1219.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-323 inserted "and principal"
    after "interest".

-FOOTNOTE-
    (!1) So in original. Probably should be "and".


-End-



-CITE-
    22 USC Sec. 2431i                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431i. Board

-STATUTE-
    (a) Enterprise for the Americas Board
      The Enterprise for the Americas Board established under section
    1738i(a) of title 7 shall, in addition to carrying out the
    responsibilities of the Board under section 1738i(c) of title 7,
    carry out the duties described in subsection (c) of this section
    for the purposes of this subchapter.
    (b) Additional membership
      (1) In general
        The Enterprise for the Americas Board shall be composed of an
      additional four members appointed by the President as follows:
          (A) Two representatives from the United States Government,
        including a representative of the International Forestry
        Division of the United States Forest Service.
          (B) Two representatives from private nongovernmental
        environmental, scientific, forestry, or academic organizations
        with experience and expertise in preservation, maintenance,
        sustainable uses, and restoration of tropical forests.
      (2) Chairperson
        Notwithstanding section 1738i(b)(2) of title 7, the Enterprise
      for the Americas Board shall be headed by a chairperson who shall
      be appointed by the President and shall be the representative
      from the Department of State appointed under section
      1738i(b)(1)(A) of title 7.
    (c) Duties
      The duties described in this subsection are as follows:
        (1) Advise the Secretary of State on the negotiations of
      Tropical Forest Agreements.
        (2) Ensure, in consultation with - 
          (A) the government of the beneficiary country;
          (B) nongovernmental organizations of the beneficiary country;
          (C) nongovernmental organizations of the region (if
        appropriate);
          (D) environmental, scientific, forestry, and academic leaders
        of the beneficiary country; and
          (E) environmental, scientific, forestry, and academic leaders
        of the region (as appropriate),

      that a suitable administering body is identified for each Fund.
        (3) Review the programs, operations, and fiscal audits of each
      administering body.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 811, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 892; amended Pub. L. 107-26, Sec. 3, Aug.
    17, 2001, 115 Stat. 206.)


-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (b)(2). Pub. L. 107-26 substituted "and shall be
    the representative from the Department of State appointed under
    section 1738i(b)(1)(A) of title 7" for "from among the
    representatives appointed under section 1738i(b)(1)(A) of title 7
    or paragraph (1)(A) of this subsection".


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.

-End-



-CITE-
    22 USC Sec. 2431j                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431j. Consultations with Congress

-STATUTE-
      The President shall consult with the appropriate congressional
    committees on a periodic basis to review the operation of the
    Facility under this subchapter and the eligibility of countries for
    benefits from the Facility under this subchapter.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 812, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 893.)


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under this section, see
    section 1 of Ex. Ord. No. 13345, July 8, 2004, 69 F.R. 41901, set
    out as a note under section 1738 of Title 7, Agriculture.

-End-



-CITE-
    22 USC Sec. 2431k                                           01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER IV - DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH
                     TROPICAL FORESTS          

-HEAD-
    Sec. 2431k. Annual reports to Congress

-STATUTE-
    (a) In general
      Not later than December 31 of each year, the President shall
    prepare and transmit to the Congress an annual report concerning
    the operation of the Facility for the prior fiscal year. Such
    report shall include - 
        (1) a description of the activities undertaken by the Facility
      during the previous fiscal year;
        (2) a description of any Agreement entered into under this
      subchapter;
        (3) a report on any Funds that have been established under this
      subchapter and on the operations of such Funds; and
        (4) a description of any grants that have been provided by
      administering bodies pursuant to Agreements under this
      subchapter.
    (b) Supplemental views in annual report
      Not later than December 15 of each year, each member of the Board
    shall be entitled to receive a copy of the report required under
    subsection (a) of this section. Each member of the Board may
    prepare and submit supplemental views to the President on the
    implementation of this subchapter by December 31 for inclusion in
    the annual report when it is transmitted to Congress pursuant to
    this section.

-SOURCE-
    (Pub. L. 87-195, pt. V, Sec. 813, as added Pub. L. 105-214, Sec. 1,
    July 29, 1998, 112 Stat. 893.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior sections 2432 to 2435 were repealed by Pub. L. 94-329,
    title IV, Sec. 413(a), June 30, 1976, 90 Stat. 761.
      Section 2432, Pub. L. 87-195, pt. V, Sec. 802, as added Pub. L.
    93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, authorized
    appropriation of $504,000,000 for fiscal year 1974 to remain
    available until expended for relief and reconstruction of South
    Vietnam, Cambodia, and Laos.
      Section 2433, Pub. L. 87-195, pt. V, Sec. 803, as added Pub. L.
    93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 728, provided for
    assistance to South Vietnamese children.
      Section 2434, Pub. L. 87-195, pt. V, Sec. 804, as added Pub. L.
    93-189, Sec. 24, Dec. 17, 1973, 87 Stat. 729, made provision for
    assistance to the Center for Plastic and Reconstructive Surgery in
    Saigon.
      Section 2435, Pub. L. 87-195, pt. V, Sec. 806, as added Pub. L.
    93-559, Sec. 41, Dec. 30, 1974, 88 Stat. 1812, directed that
    provisions covering special programs for relief of South Vietnam,
    Cambodia, and Laos not apply to programs related to population
    growth, narcotics control, humanitarian programs by international
    organizations, and regional programs.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of functions of President under this section, see
    Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set
    out as a note under section 2381 of this title.
      For delegation of functions of President under subsec. (a) of
    this section, see section 2 of Ex. Ord. No. 13345, July 8, 2004, 69
    F.R. 41901, set out as a note under section 1738 of Title 7,
    Agriculture.

-End-


-CITE-
    22 USC SUBCHAPTER V - MIDDLE EAST ASSISTANCE                01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER V - MIDDLE EAST ASSISTANCE

-HEAD-
                   SUBCHAPTER V - MIDDLE EAST ASSISTANCE               

-End-



-CITE-
    22 USC Secs. 2441 to 2443                                   01/03/2007

-EXPCITE-
    TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
    CHAPTER 32 - FOREIGN ASSISTANCE
    SUBCHAPTER V - MIDDLE EAST ASSISTANCE

-HEAD-
    Secs. 2441 to 2443. Repealed.

-MISC1-
    Secs. 2441 to 2443. Repealed. Pub. L. 95-384, Sec. 12(c)(4), Sept.
      26, 1978, 92 Stat. 737.
      Section 2441, Pub. L. 87-195, pt. VI, Sec. 901, as added Pub. L.
    93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812; amended Pub. L. 94-
    329, title IV, Sec. 401, June 30, 1976, 90 Stat. 756, related to
    Congressional statement of policy with regard to Middle East
    assistance.
      Section 2442, Pub. L. 87-195, pt. VI, Sec. 902, as added Pub. L.
    93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812, related to
    allocations of funds with regard to Middle East assistance.
      Section 2443, Pub. L. 87-195, pt. VI, Sec. 903, as added Pub. L.
    93-559, Sec. 42, Dec. 30, 1974, 88 Stat. 1812; amended Pub. L. 94-
    329, title V, Sec. 502, June 30, 1976, 90 Stat. 763; Pub. L. 95-
    92, Sec. 13, Aug. 4, 1977, 91 Stat. 621, related to a special
    requirements fund with regard to Middle East assistance.

-End-