FOREIGN ASSISTANCE ACT OF 1961
FOREIGN ASSISTANCE ACT OF 1961 (P.L. 87–195)
Public Law 87–195, as amended
FOREIGN ASSISTANCE ACT OF 1961
195
119–4
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FOREIGN ASSISTANCE ACT OF 1961
[Public Law 87–195; Approved September 4, 1961]
[As Amended Through P.L. 119–4, Enacted March 15, 2025]
[Currency: This publication is a compilation of the text of Public Law 87-195. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To promote the foreign policy, security, and general welfare of the United States by assisting peoples of the world in their efforts toward economic development and internal and external security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as “The Foreign Assistance Act of 1961.”
PART I—
chapter 1—

Policy; Development Assistance Authorizations
Sec. 101.
[22 U.S.C. 2151]

General Policy.—
(a)
The Congress finds that fundamental political, economic, and technological changes have resulted in the interdependence of nations. The Congress declares that the individual liberties, economic prosperity, and security of the people of the United States are best sustained and enhanced in a community of nations which respect individual civil and economic rights and freedoms and which work together to use wisely the world's limited resources in an open and equitable international economic system. Furthermore, the Congress reaffirms the traditional humanitarian ideals of the American people and renews its commitment to assist people in developing countries to eliminate hunger, poverty, illness, and ignorance.
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)
Under the policy guidance of the Secretary of State, the agency primarily responsible for administering this part should have the responsibility for coordinating all United States development-related activities.
Sec. 102.
[22 U.S.C. 2151–1]

Development Assistance Policy.—
(a)
The Congress finds that the efforts of developing countries to build and maintain the social and economic institutions necessary to achieve self-sustaining growth and to provide opportunities to improve the quality of life for their people depend primarily upon successfully marshalling their own economic and human resources. The Congress recognizes that the magnitude of these efforts exceeds the resources of developing countries and therefore accepts that there will be a long-term need for wealthy countries to contribute additional resources for development purposes. The United States should take the lead in concert with other nations to mobilize such resources from public and private sources.
Provision of development resources must be adapted to the needs and capabilities of specific developing countries. United States assistance to countries with low per capita incomes which have limited access to private external resources should primarily be provided on concessional terms. Assistance to other developing countries should generally consist of programs which facilitate their access to private capital markets, investment, and technical skills, whether directly through guarantee or reimbursable programs by the United States Government or indirectly through callable capital provided to the international financial institutions.
Bilateral assistance and United States participation in multilateral institutions shall emphasize programs in support of countries which pursue development strategies designed to meet basic human needs and achieve self-sustaining growth with equity.
The Congress declares that the principal purpose of United States bilateral development assistance is to help the poor majority of people in developing countries to participate in a process of equitable growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services which will enable them to satisfy their basic needs and lead lives of decency, dignity, and hope. Activities shall be emphasized that effectively involve the poor in development by expanding their access to the economy through services and institutions at the local level, increasing their participation in the making of decisions that affect their lives, increasing labor-intensive production and the use of appropriate technology, expanding productive investment and services out from major cities to small towns and rural areas, and otherwise providing opportunities for the poor to improve their lives through their own efforts. Participation of the United States in multilateral institutions shall also place appropriate emphasis on these principles.
(b)
Assistance under this chapter should be used not only for the purpose of transferring financial resources to developing countries, but also to help countries solve development problems in accordance with a strategy that aims to insure wide participation of the poor in the benefits of development on a sustained basis. Moreover, assistance shall be provided in a prompt and effective manner, using appropriate United States institutions for carrying out this strategy. In order to achieve these objectives and the broad objectives set forth in section 101 and in subsection (a) of this section, bilateral development assistance authorized by this Act shall be carried out in accordance with the following principles:
(1)
Development is primarily the responsibility of the people of the developing countries themselves. Assistance from the United States shall be used in support of, rather than substitution for, the self-help efforts that are essential to successful development programs and shall be concentrated in those countries that take positive steps to help themselves. Maximum effort shall be made, in the administration of this part, to stimulate the involvement of the people in the development process through the encouragement of democratic participation in private and local governmental activities and institution building appropriate to the requirements of the recipient countries.
(2)
Development planning must be the responsibility of each sovereign country. United States assistance should be administered in a collaborative style to support the development goals chosen by each country receiving assistance.
(3)
United States bilateral development assistance should give high priority to undertakings submitted by host governments which directly improve the lives of the poorest of their people and their capacity to participate in the development of their countries, while also helping such governments enhance their planning, technical, and administrative capabilities needed to insure the success of such undertakings.
(4)
Development assistance provided under this chapter shall be concentrated in countries which will make the most effective use of such assistance to help satisfy basic human needs of poor people through equitable growth, especially in those countries having the greatest need for outside assistance. In order to make possible consistent and informed judgments in this respect, the President shall assess the commitment and progress of countries in moving toward the objectives and purposes of this chapter by utilizing criteria, including but not limited to the following:
(A)
increase in agricultural productivity per unit of land through small- farm, labor-intensive agriculture;
(B)
reduction of infant mortality;
(C)
control of population growth;
(D)
promotion of greater equality of income distribution, including measures such as more progressive taxation and more equitable returns to small farmers;
(E)
reduction of rates of unemployment and underemployment;
(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 resources 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)
The Congress, recognizing the desirability of overcoming the worst aspects of absolute poverty by the end of this century by, among other measures, substantially lowering infant mortality and birth rates, and increasing life expectancy, food production, literacy, and employment, encourages the President to explore with other countries, through all appropriate channels, the feasibility of a worldwide cooperative effort to overcome the worst aspects of absolute poverty and to assure self-reliant growth in the developing countries by the year 2000.
Note.—Foreign assistance appropriations for fiscal year 1994 are included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87; 107 Stat. 931). Amounts appropriated by that Act to carry out the purposes of provisions contained in the Foreign Assistance Act of 1961, during fiscal year 1994 unless otherwise specified, are included in footnotes. For complete text of foreign assistance provisions of Public Law 103–87, see page 581.
Note.—Prior to fiscal year 1992, Congress appropriated funds for each of the Development Assistance functional accounts authorized in sections 103 through 106 of the Foreign Assistance Act of 1961. Beginning with fiscal year 1992, however, Congress made appropriations in one lump sum for all programs within sections 103 through 106, with the exception of “Population, Development Assistance”.
For fiscal year 1993, to remain available until September 30, 1994, for all other functional Development Assistance accounts, Congress appropriated $811,900,000.
For fiscal year 1994, to remain available until September 30, 1995, for “Population, Development Assistance”, Congress appropriated $392,000,000.
Note.—The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87; 107 Stat. 945), provided the following:
``Sec. 501. Except for the appropriations entitled “International Disaster Assistance”, and “United States Emergency Refugee and Migration Assistance Fund”, not more than 15 per centum of any appropriation item made available by this Act shall be obligated during the last month of availability.''.
Note.—Transfers Between Accounts. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87; 107 Stat. 946), provided the following:
``Sec. 509. None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated, unless the President, prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.''.
Note.—Deobligation/Reobligation Authority. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87; 107 Stat. 946), provided the following:
``Sec. 510. (a) Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961 for the same general purpose as any of the headings under the “Agency for International Development” are, if deobligated, hereby continued available for the same period as the respective appropriations under such headings or until September 30, 1994, whichever is later, and for the same general purpose, and for countries within the same region as originally obligated: Provided, That the Appropriations Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation and reobligation of such funds in accordance with regular notification procedures of the Committees on Appropriations.
``(b) Obligated balances of funds appropriated to carry out section 23 of the Arms Export Control Act as of the end of the fiscal year immediately preceding the current fiscal year are, if deobligated, hereby continued available during the current fiscal year for the same purpose under any authority applicable to such appropriations under this Act.''.
Note.—Availability of Funds. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87; 107 Stat. 947), provided the following:
``Sec. 511. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1 and 8 of part I, section 667, and chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, shall remain available until expended if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended: Provided further, That the report required by section 653(a) of the Foreign Assistance Act of 1961 shall designate for each country, to the extent known at the time of submission of such report, those funds allocated for cash disbursement for balance of payment and economic policy reform purposes.''.
Note.—Notification Requirements. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103–87; 107 Stat. 949), provided the following:
``Sec. 515. For the purposes of providing the Executive Branch with the necessary administrative flexibility, none of the funds made available under this Act for “Development Assistance Fund”, “Population, Development Assistance”, “Development Fund for Africa”, “International organizations and programs”, “Trade and Development Agency”, `International narcotics control', 'Assistance for Eastern Europe and the Baltic States', 'Assistance for the New Independent States of the Former Soviet Union', “Economic Support Fund”, “Peacekeeping operations”, “Operating expenses of the Agency for International Development”, “Operating expenses of the Agency for International Development Office of Inspector General”, “Anti-terrorism assistance”, “Foreign Military Financing Program”, “International military education and training”, “Inter-American Foundation”, “African Development Foundation”, “Peace Corps”, or “Migration and refugee assistance”, shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operation not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings unless the Appropriations Committees of both Houses of Congress are previously notified fifteen days in advance: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 per centum in excess of the quantities justified to Congress unless the Committees on Appropriations are notified fifteen days in advance of such commitment: Provided further, That this section shall not apply to any reprogramming for an activity, program, or project under chapter 1 of part I of the Foreign Assistance Act of 1961 of less than 20 per centum of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year: Provided further, That the requirements of this section or any similar provision of this Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to the Congress, or the appropriate congressional committees, shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
''Drawdowns made pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 shall be subject to the regular notification procedures of the Committees on Appropriations.''.
Sec. 103.
[22 U.S.C. 2151a]

Agriculture, Rural Development, and Nutrition.—
(a)
(1)
In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition—
(A)
to alleviate starvation, hunger, and malnutrition;
(B)
to expand significantly the provision of basic services to rural poor people to enhance their capacity for self-help; and
(C)
to help create productive farm and off-farm employment in rural areas to provide a more viable economic base and enhance opportunities for improved incomes, living standards, and contributions by rural poor people to the economic and social development of their countries.
(2)
There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $760,000,000 for the fiscal year 1986 and $760,000,000 for the fiscal year 1987. 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.
(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 amblyomman variegatum (heartwater) in bovine animals in the Caribbean.
(b)
(1)
Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the productivity and income of the rural poor, through such means as creation and strengthening of local institutions linked to the regional and national levels; organization of a system of financial institutions which provide both savings and credit services to the poor; stimulation of small, labor-intensive enterprises in rural towns; improvement of marketing facilities and systems; expansion of rural infrastructure and utilities such as farm-to-market roads, water management systems, land improvement, energy, and storage facilities; establishment of more equitable and more secure land tenure arrangements; and creation and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, fertilizer, water, forestry, soil conservation, and improved seed, in ways which assure access to them by small farmers.
(2)
In circumstances where development of major infrastructure is necessary to achieve the objectives set forth in this section, assistance for that purpose should be furnished under this chapter in association with significant contributions from other countries working together in a multilateral framework. Infrastructure projects so assisted should be complemented by other measures to ensure that the benefits of the infrastructure reach the poor.
(3)
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)
The Congress finds that the greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the agricultural producers in developing countries. Increasing the emphasis on rural development and expanded food production in the poorest nations of the developing world is a matter of social justice and a principal element contributing to broadly based economic growth, as well as an important factor in alleviating inflation in the industrialized countries. In the allocation of funds under this section, special attention shall be given to increasing agricultural production in countries which have been designated as “least developed” by the United Nations General Assembly.
(d)
Assistance provided under this section shall also be used in coordination with programs carried out under section 104 to help improve nutrition of the people of developing countries through encouragement of increased production of crops with greater nutritional value; improvement of planning, research, and education with respect to nutrition, particularly with reference to improvement and expanded use of indigenously produced foodstuffs; and the undertaking of pilot or demonstration programs explicitly addressing the problem of malnutrition of poor and vulnerable people. In particular, the President is encouraged—
(1)
to devise and carry out in partnership with developing countries a strategy for programs of nutrition and health improvement for mothers and children, including breast feeding; and
(2)
to provide technical, financial, and material support to individuals or groups at the local level for such programs.
(e)
Local currency proceeds from sales of commodities provided under the Food for Peace Act which are owned by foreign governments shall be used whenever practicable to carry out the provisions of this section.
(f)
The Congress finds that the efforts of developing countries to enhance their national food security deserves encouragement as a matter of United States development assistance policy. Measures complementary to assistance for expanding food production in developing countries are needed to help assure that food becomes increasingly available on a regular basis to the poor in such countries. Therefore, United States bilateral assistance under this Act and the Food for Peace Act, 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)
(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 part I of this Act, up to $50,000,000 for fiscal year 1986 and up to $50,000,000 for fiscal year 1987 may be made available, by appropriation or by transfer, for United States contributions to the second replenishment of the International Fund for Agricultural Development.
Sec. 103A.
[22 U.S.C. 2151a–1]

Agricultural Research.—
Agricultural research carried out under this Act shall (1) take account of the special needs of small farmers in the determination of research priorities, (2) include research on the interrelationships among technology, institutions, and economic, social, environmental, 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.
Sec. 104.
[22 U.S.C. 2151b]

Population and Health.—
(a)

Findings.—
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 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 and Disease Prevention.—
(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. The assistance shall emphasize self-sustaining community-based health programs by means such as training of health auxiliary and other appropriate personnel, support for the establishment and evaluation of projects that can be replicated on a broader scale, measures to improve management of health programs, and other services and suppliers to support health and disease prevention programs.
(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 this part. In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types described in this paragraph which are carried out by international organizations (which may include international organizations receiving funds under chapter 3 of this part) and by private and voluntary organizations, and should include encouragement to other donors to support such types of activities.
(B)
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 this part to set as a goal the protection of not less than 80 percent of all children, in those countries in which such agency has established development programs, from immunizable diseases by January 1, 1991. Of the aggregate amounts made available for fiscal year 1987 to carry out paragraph (2) of this subsection (relating to the Child Survival Fund) and to carry out subsection (c) (relating to development assistance for health), $50,000,000 shall be used to carry out this paragraph.
(4)

Relationship to other laws.—
Assistance made available under this subsection and sections 104A, 104B, and 104C, and assistance made available under chapter 4 of part II to carry out the purposes of this subsection and the provisions cited in this paragraph, may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, except for the provisions of this subsection, the provisions of law cited in this paragraph, subsection (f), section 634A of this Act, and provisions of law that limit assistance to organizations that support or participate in a program of coercive abortion or involuntary sterilization included under the Child Survival and Health Programs Fund heading in the Consolidated Appropriations Resolution, 2003 (Public Law 108–7).
(d)

Integration of Assistance Programs.—
(1)
Assistance under this chapter shall be administered so as to give particular attention to the interrelationship between (A) population growth, and (B) development and overall improvement in living standards in developing countries, and to the impact of all programs, projects, and activities on population growth. All appropriate activities proposed for financing under this chapter shall be designed to build motivation for smaller families through modification of economic and social conditions supportive of the desire for large families, in programs such as education in and out of school, nutrition, disease control, maternal and child health services, improvements in the status and employment of women, agricultural production, rural development, and assistance to the urban poor, and through community-based development programs which give recognition to people motivated to limit the size of their families. 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 103 shall be coordinated to the maximum extent practicable.
(3)
Assistance provided under this section shall emphasize low-cost integrated delivery systems for health, nutrition, and family planning for the poorest people, with particular attention to the needs of mothers and young children, using paramedical and auxiliary medical personnel, clinics and health posts, commercial distribution systems, and other modes of community outreach.
(e)

Research and Analysis.—
(1)
Health and population research and analysis carried out under this Act shall—
(A)
be undertaken to the maximum extent practicable in developing countries by developing country personnel, linked as appropriate with private and governmental biomedical research facilities within the United States;
(B)
take account of the special needs of the poor people of developing countries in the determination of research priorities; and
(C)
make extensive use of field testing to adapt basic research to local conditions.
(2)
The President is authorized to study the complex factors affecting population growth in developing countries and to identify factors which might motivate people to plan family size or to space their children.
(f)

Prohibition on Use of Funds for Abortions and Involuntary Sterilizations.—
(1)
None of the funds made available to carry out this part may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.
(2)
None of the funds made available to carry out this part may be used to pay for the performance of involuntary sterilizations as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations.
(3)
None of the funds made available to carry out this part may be used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.
(g)

Authorizations of Appropriations.—
(1)
There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(A)
$290,000,000 for fiscal year 1986 and $290,000,000 for fiscal year 1987 to carry out subsection (b) of this section; and
(B)
$205,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987 to carry out subsection (c) of this section.
(2)
Funds appropriated under this subsection are authorized to remain available until expended.
SEC. 104A.
[22 U.S.C. 2151b–2]

ASSISTANCE TO COMBAT HIV/AIDS.
(a)

Finding.—
Congress recognizes that the alarming spread of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America and other developing countries is a major global health, national security, development, and humanitarian crisis.
(b)

Policy.—
(1)

Objectives.—
It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention and treatment of HIV/AIDS and the care of those affected by the disease. It is the policy objective of the United States, by 2013, to—
(A)
assist partner countries to—
(i)
prevent 12,000,000 new HIV infections worldwide;
(ii)
support—
(I)
the increase in the number of individuals with HIV/AIDS receiving antiretroviral treatment above the goal established under section 402(a)(3) and increased pursuant to paragraphs (1) through (3) of section 403(d); and
(II)
additional treatment through coordinated multilateral efforts;
(iii)
support care for 12,000,000 individuals infected with or affected by HIV/AIDS, including 5,000,000 orphans and vulnerable children affected by HIV/AIDS, with an emphasis on promoting a comprehensive, coordinated system of services to be integrated throughout the continuum of care;
(iv)
provide at least 80 percent of the target population with access to counseling, testing, and treatment to prevent the transmission of HIV from mother-to-child;
(v)
provide care and treatment services to children with HIV in proportion to their percentage within the HIV-infected population of a given partner country; and
(vi)
train and support retention of health care professionals, paraprofessionals, and community health workers in HIV/AIDS prevention, treatment, and care, with the target of providing such training to at least 140,000 new health care professionals and paraprofessionals with an emphasis on training and in country deployment of critically needed doctors and nurses;
(B)
strengthen the capacity to deliver primary health care in developing countries, especially in sub-Saharan Africa;
(C)
support and help countries in their efforts to achieve staffing levels of at least 2.3 doctors, nurses, and midwives per 1,000 population, as called for by the World Health Organization; and
(D)
help partner countries to develop independent, sustainable HIV/AIDS programs.
(2)

Coordinated global strategy.—
The United States and other countries with the sufficient capacity should provide assistance to countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, and Latin America, and other countries and regions confronting HIV/AIDS epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through HIV/AIDS prevention, treatment, care, monitoring and evaluation, and related activities.
(3)

Priorities.—
The United States Government's response to the global HIV/AIDS pandemic and the Government's efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on—
(A)
the prevention of the transmission of HIV;
(B)
moving toward universal access to HIV/AIDS prevention counseling and services;
(C)
the inclusion of cost sharing assurances that meet the requirements under section 110; and
(D)
the inclusion of transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments.
(c)

Authorization.—
(1)

In general.—
Consistent with section 104(c), the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for HIV/AIDS, including to prevent, treat, and monitor HIV/AIDS, and carry out related activities, in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas, particularly with respect to refugee populations or those in postconflict settings in such countries and areas with significant or increasing HIV incidence rates.
(2)

Role of ngos.—
It is the sense of Congress that the President should provide an appropriate level of assistance under paragraph (1) through nongovernmental organizations (including faith-based and community-based organizations) in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas affected by the HIV/AIDS pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing HIV incidence rates..1
^1
So in law. There are two periods at the end of paragraph (2).
(3)

Coordination of assistance efforts.—
The President shall coordinate the provision of assistance under paragraph (1) with the provision of related assistance by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and other appropriate international organizations (such as the International Bank for Reconstruction and Development), relevant regional multilateral development institutions, national, state, and local governments of partner countries, other international actors,,2 appropriate governmental and nongovernmental organizations, and relevant executive branch agencies within the framework of the principles of the Three Ones.
^2
So in law.
(d)

Activities Supported.—
Assistance provided under subsection (c) shall, to the maximum extent practicable, be used to carry out the following activities:
(1)

Prevention.—
Prevention of HIV/AIDS through activities including—
(A)
programs and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of HIV infection, including integration of such programs into health programs and the inclusion in counseling programs of information on methods of avoiding infection of HIV, including delaying sexual debut, abstinence, fidelity and monogamy, reduction of casual sexual partnering and multiple concurrent sexual partnering,,3 reducing sexual violence and coercion, including child marriage, widow inheritance, and polygamy, and where appropriate, use of male and female condoms;
^3
So in law.
(B)
assistance to establish and implement culturally appropriate HIV/AIDS education and prevention programs that are designed with local input and focus on helping individuals avoid infection of HIV/AIDS, implemented through nongovernmental organizations, including faith-based and community-based organizations, particularly those locally based organizations that utilize both professionals and volunteers with appropriate skills, experience, and community presence;
(C)
assistance for the purpose of encouraging men to be responsible in their sexual behavior, child rearing, and to respect women;
(D)
assistance for the purpose of providing voluntary testing and counseling (including the incorporation of confidentiality protections with respect to such testing and counseling) and promoting the use of provider-initiated or “opt-out” voluntary testing in accordance with World Health Organization guidelines;
(E)
assistance for the purpose of preventing mother-to-child transmission of the HIV infection, including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding;
(F)
assistance to—
(i)
achieve the goal of reaching 80 percent of pregnant women for prevention and treatment of mother-to-child transmission of HIV in countries in which the United States is implementing HIV/AIDS programs by 2013; and
(ii)
promote infant feeding options and treatment protocols that meet the most recent criteria established by the World Health Organization;
(G)
medical male circumcision programs as part of national strategies to combat the transmission of HIV/AIDS;
(H)
assistance to ensure a safe blood supply and sterile medical equipment;
(I)
assistance to help avoid substance abuse and intravenous drug use that can lead to HIV infection;
(J)
assistance for the purpose of increasing women's access to employment opportunities, income, productive resources, and microfinance programs, where appropriate.4
^4
So in law. The period at the end of subparagraph (J) should probably be “; and”.
(K)
assistance for counseling, testing, treatment, care, and support programs, including—
(i)
counseling and other services for the prevention of reinfection of individuals with HIV/AIDS;
(ii)
counseling to prevent sexual transmission of HIV, including—
(I)
life skills development for practicing abstinence and faithfulness;
(II)
reducing the number of sexual partners;
(III)
delaying sexual debut; and
(IV)
ensuring correct and consistent use of condoms;
(iii)
assistance to engage underlying vulnerabilities to HIV/AIDS, especially those of women and girls;
(iv)
assistance for appropriate HIV/AIDS education programs and training targeted to prevent the transmission of HIV among men who have sex with men;
(v)
assistance to provide male and female condoms;
(vi)
diagnosis and treatment of other sexually transmitted infections;
(vii)
strategies to address the stigma and discrimination that impede HIV/AIDS prevention efforts; and
(viii)
assistance to facilitate widespread access to microbicides for HIV prevention, if safe and effective products become available, including financial and technical support for culturally appropriate introductory programs, procurement, distribution, logistics management, program delivery, acceptability studies, provider training, demand generation, and postintroduction monitoring.
(2)

Treatment.—
The treatment and care of individuals with HIV/AIDS, including—
(A)
assistance to establish and implement programs to strengthen and broaden indigenous health care delivery systems and the capacity of such systems to deliver HIV/AIDS pharmaceuticals and otherwise provide for the treatment of individuals with HIV/AIDS, including clinical training for indigenous organizations and health care providers;
(B)
assistance to strengthen and expand hospice and palliative care programs to assist patients debilitated by HIV/AIDS, their families, and the primary caregivers of such patients, including programs that utilize faith-based and community-based organizations;
(C)
assistance for the purpose of the care and treatment of individuals with HIV/AIDS through the provision of pharmaceuticals, including antiretrovirals and other pharmaceuticals and therapies for the treatment of opportunistic infections, pain management, nutritional support, and other treatment modalities;
(D)
as part of care and treatment of HIV/AIDS, assistance (including prophylaxis and treatment) for common HIV/AIDS-related opportunistic infections for free or at a rate at which it is easily affordable to the individuals and populations being served;5
^5
So in law. Probably should include the word “and” after the semicolon at the end of subparagraph (D) and the semicolon at the end of subparagraph (E) should be a period.
(E)
as part of care and treatment of HIV/AIDS, assistance or referral to available and adequately resourced service providers for nutritional support, including counseling and where necessary the provision of commodities, for persons meeting malnourishment criteria and their families;5
(3)

Preventative intervention education and technologies.—
(A)
With particular emphasis on specific populations that represent a particularly high risk of contracting or spreading HIV/AIDS, including those exploited through the sex trade, victims of rape and sexual assault, individuals already infected with HIV/AIDS, and in cases of occupational exposure of health care workers, assistance with efforts to reduce the risk of HIV/AIDS infection including post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
(B)
Bulk purchases of available test kits, condoms, and, when proven effective, microbicides that are intended to reduce the risk of HIV/AIDS transmission and for appropriate program support for the introduction and distribution of these commodities, as well as education and training on the use of the technologies.
(4)

Monitoring.—
The monitoring of programs, projects, and activities carried out pursuant to paragraphs (1) through (3), including—
(A)
monitoring to ensure that adequate controls are established and implemented to provide HIV/AIDS pharmaceuticals and other appropriate medicines to poor individuals with HIV/AIDS;
(B)
appropriate evaluation and surveillance activities;
(C)
monitoring to ensure that appropriate measures are being taken to maintain the sustainability of HIV/AIDS pharmaceuticals (especially antiretrovirals) and ensure that drug resistance is not compromising the benefits of such pharmaceuticals;
(D)
monitoring to ensure appropriate law enforcement officials are working to ensure that HIV/AIDS pharmaceuticals are not diminished through illegal counterfeiting or black market sales of such pharmaceuticals;
(E)
carrying out and expanding program monitoring, impact evaluation research and analysis, and operations research and disseminating data and findings through mechanisms to be developed by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, in coordination with the Director of the Centers for Disease Control, in order to—
(i)
improve accountability, increase transparency, and ensure the delivery of evidence-based services through the collection, evaluation, and analysis of data regarding gender-responsive interventions, disaggregated by age and sex;
(ii)
identify and replicate effective models; and
(iii)
develop gender indicators to measure outcomes and the impacts of interventions; and
(F)
establishing appropriate systems to—
(i)
gather epidemiological and social science data on HIV; and
(ii)
evaluate the effectiveness of prevention efforts among men who have sex with men, with due consideration to stigma and risks associated with disclosure.
(5)

Pharmaceuticals.—
(A)

Procurement.—
The procurement of HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines, including medicines to treat opportunistic infections.
(B)

Mechanisms for quality control and sustainable supply.—
Mechanisms to ensure that such HIV/AIDS pharmaceuticals, antiretroviral therapies, and other appropriate medicines are quality-controlled and sustainably supplied.
(C)

Mechanism to ensure cost-effective drug purchasing.—
Subject to subparagraph (B), mechanisms to ensure that safe and effective pharmaceuticals, including antiretrovirals and medicines to treat opportunistic infections, are purchased at the lowest possible price at which such pharmaceuticals may be obtained in sufficient quantity on the world market, provided that such pharmaceuticals are approved, tentatively approved, or otherwise authorized for use by—
(i)
the Food and Drug Administration;
(ii)
a stringent regulatory agency acceptable to the Secretary of Health and Human Services; or
(iii)
a quality assurance mechanism acceptable to the Secretary of Health and Human Services.
(D)

Distribution.—
The distribution of such HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines (including medicines to treat opportunistic infections) to qualified national, regional, or local organizations for the treatment of individuals with HIV/AIDS in accordance with appropriate HIV/AIDS testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the HIV infection.
(6)

Related and coordinated activities.—
The conduct of related activities, including—
(A)
the care and support of children who are orphaned by the HIV/AIDS pandemic, including services designed to care for orphaned children in a family environment which rely on extended family members;
(B)
improved infrastructure and institutional capacity to develop and manage education, prevention, and treatment programs, including training and the resources to collect and maintain accurate HIV surveillance data to target programs and measure the effectiveness of interventions;
(C)
vaccine research and development partnership programs with specific plans of action to develop a safe, effective, accessible, preventive HIV vaccine for use throughout the world; and
(D)
coordinated or referred activities to—
(i)
enhance the clinical impact of HIV/AIDS care and treatment; and
(ii)
ameliorate the adverse social and economic costs often affecting AIDS-impacted families and communities through the direct provision, as necessary, or through the referral, if possible, of support services, including—
(I)
nutritional and food support;
(II)
safe drinking water and adequate sanitation;
(III)
nutritional counseling;
(IV)
income-generating activities and livelihood initiatives;
(V)
maternal and child health care;
(VI)
primary health care;
(VII)
the diagnosis and treatment of other infectious or sexually transmitted diseases;
(VIII)
substance abuse and treatment services; and
(IX)
legal services;
(E)
coordinated or referred activities to link programs addressing HIV/AIDS with programs addressing gender-based violence in areas of significant HIV prevalence to assist countries in the development and enforcement of women's health, children's health, and HIV/AIDS laws and policies that—
(i)
prevent and respond to violence against women and girls;
(ii)
promote the integration of screening and assessment for gender-based violence into HIV/AIDS programming;
(iii)
promote appropriate HIV/AIDS counseling, testing, and treatment into gender-based violence programs; and
(iv)
assist governments to develop partnerships with civil society organizations to create networks for psychosocial, legal, economic, or other support services;
(F)
coordinated or referred activities to—
(i)
address the frequent coinfection of HIV and tuberculosis, in accordance with World Health Organization guidelines;
(ii)
promote provider-initiated or “opt-out” HIV/AIDS counseling and testing and appropriate referral for treatment and care to individuals with tuberculosis or its symptoms, particularly in areas with significant HIV prevalence; and
(iii)
strengthen programs to ensure that individuals testing positive for HIV receive tuberculosis screening and to improve laboratory capacities, infection control, and adherence; and
(G)
activities to—
(i)
improve the effectiveness of national responses to HIV/AIDS;
(ii)
strengthen overall health systems in high-prevalence countries, including support for workforce training, retention, and effective deployment, capacity building, laboratory development, equipment maintenance and repair, and public health and related public financial management systems and operations; and
(iii)
encourage fair and transparent procurement practices among partner countries; and
(iv)
promote in-country or intra-regional pediatric training for physicians and other health professionals, preferably through public-private partnerships involving colleges and universities, with the goal of increasing pediatric HIV workforce capacity.
(7)

Comprehensive hiv/aids public-private partnerships.—
The establishment and operation of public-private partnership entities within countries in sub-Saharan Africa, the Caribbean, and other countries affected by the HIV/AIDS pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention, treatment, and monitoring of HIV/AIDS. Each such public-private partnership should—
(A)
support the development, implementation, and management of comprehensive HIV/AIDS plans in support of the national HIV/AIDS strategy;
(B)
operate at all times in a manner that emphasizes efficiency, accountability, and results-driven programs;
(C)
engage both local and foreign development partners and donors, including businesses, government agencies, academic institutions, nongovernmental organizations, foundations, multilateral development agencies, and faith-based organizations, to assist the country in coordinating and implementing HIV/AIDS prevention, treatment, and monitoring programs in accordance with its national HIV/AIDS strategy;
(D)
provide technical assistance, consultant services, financial planning, monitoring and evaluation, and research in support of the national HIV/AIDS strategy; and
(E)
establish local human resource capacities for the national HIV/AIDS strategy through the transfer of medical, managerial, leadership, and technical skills.
(8)

Compacts and framework agreements.—
The development of compacts or framework agreements, tailored to local circumstances, with national governments or regional partnerships in countries with significant HIV/AIDS burdens to promote host government commitment to deeper integration of HIV/AIDS services into health systems, contribute to health systems overall, and enhance sustainability, including—
(A)
cost sharing assurances that meet the requirements under section 110; and
(B)
transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments.
(e)

Compacts and Framework Agreements.—
(1)

Findings.—
Congress makes the following findings:
(A)
The congressionally mandated Institute of Medicine report entitled “PEPFAR Implementation: Progress and Promise” states: “The next strategy [of the U.S. Global AIDS Initiative] should squarely address the needs and challenges involved in supporting sustainable country HIV/AIDS programs, thereby transitioning from a focus on emergency relief.”.
(B)
One mechanism to promote the transition from an emergency to a public health and development approach to HIV/AIDS is through compacts or framework agreements between the United States Government and each participating nation.
(2)

Elements.—
Compacts on HIV/AIDS authorized under subsection (d)(8) shall include the following elements:
(A)
Compacts whose primary purpose is to provide direct services to combat HIV/AIDS are to be made between—
(i)
the United States Government; and
(ii)
(I)
national or regional entities representing low-income countries served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; or
(II)
countries or regions—
- (aa)
experiencing significantly high HIV prevalence or risk of significantly increasing incidence within the general population;
- (bb)
served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; and
- (cc)
that have inadequate financial means within such country or region.
(B)
Compacts whose primary purpose is to provide limited technical assistance to a country or region connected to services provided within the country or region—
(i)
may be made with other countries or regional entities served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform;
(ii)
shall require significant investments in HIV prevention, care, and treatment services by the host country;
(iii)
shall be time-limited in terms of United States contributions; and
(iv)
shall be made only upon prior notification to Congress—
(I)
justifying the need for such compacts;
(II)
describing the expected investment by the country or regional entity; and
(III)
describing the scope, nature, expected total United States investment, and time frame of the limited technical assistance under the compact and its intended impact.
(C)
Compacts shall include provisions to—
(i)
promote local and national efforts to reduce stigma associated with HIV/AIDS; and
(ii)
work with and promote the role of civil society in combating HIV/AIDS.
(D)
Compacts shall take into account the overall national health and development and national HIV/AIDS and public health strategies of each country.
(E)
Compacts shall contain—
(i)
consideration of the specific objectives that the country and the United States expect to achieve during the term of a compact;
(ii)
consideration of the respective responsibilities of the country and the United States in the achievement of such objectives;
(iii)
consideration of regular benchmarks to measure progress toward achieving such objectives;
(iv)
an identification of the intended beneficiaries, disaggregated by gender and age, and including information on orphans and vulnerable children, to the maximum extent practicable;
(v)
consideration of the methods by which the compact is intended to—
(I)
address the factors that put women and girls at greater risk of HIV/AIDS; and
(II)
strengthen elements such as the economic, educational, and social status of women, girls, orphans, and vulnerable children and the inheritance rights and safety of such individuals;
(vi)
consideration of the methods by which the compact will—
(I)
strengthen the health care capacity, including factors such as the training, retention, deployment, recruitment, and utilization of health care workers;
(II)
improve supply chain management; and
(III)
improve the health systems and infrastructure of the partner country, including the ability of compact participants to maintain and operate equipment transferred or purchased as part of the compact;
(vii)
consideration of proposed mechanisms to provide oversight;
(viii)
consideration of the role of civil society in the development of a compact and the achievement of its objectives;
(ix)
a description of the current and potential participation of other donors in the achievement of such objectives, as appropriate; and
(x)
consideration of a plan to ensure appropriate fiscal accountability for the use of assistance.
(F)
For regional compacts, priority shall be given to countries that are included in regional funds and programs in existence as of the date of the enactment of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008.
(G)
Amounts made available for compacts described in subparagraphs (A) and (B) shall be subject to the inclusion of—
(i)
cost sharing assurances that meet the requirements under section 110; and
(ii)
transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, and budget support by respective foreign governments.
(3)

Local input.—
In entering into a compact on HIV/AIDS authorized under subsection (d)(8), the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall seek to ensure that the government of a country—
(A)
takes into account the local perspectives of the rural and urban poor, including women, in each country; and
(B)
consults with private and voluntary organizations, including faith-based organizations, the business community, and other donors in the country.
(4)

Congressional and public notification after entering into a compact.—
Not later than 10 days after entering into a compact authorized under subsection (d)(8), the Global AIDS Coordinator shall—
(A)
submit a report containing a detailed summary of the compact and a copy of the text of the compact to—
(i)
the Committee on Foreign Relations of the Senate;
(ii)
the Committee on Appropriations of the Senate;
(iii)
the Committee on Foreign Affairs of the House of Representatives; and
(iv)
the Committee on Appropriations of the House of Representatives; and
(B)
publish such information in the Federal Register and on the Internet website of the Office of the Global AIDS Coordinator.
(f)

Annual Report.—
(1)

In general.—
Not later than February 15, 2014, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report in an open, machine readable format, on the implementation of this section for the prior fiscal year.
(2)

Report due in 2014.—
The report due not later than February 15, 2014, shall include the elements required by law prior to the enactment of the PEPFAR Stewardship and Oversight Act of 2013.
(3)

Report elements.—
Each report submitted after February 15, 2014, shall include the following:
(A)
A description based on internationally available data, and where practicable high-quality country-based data, of the total global burden and need for HIV/AIDS prevention, treatment, and care, including—
(i)
estimates by partner country of the global burden and need; and
(ii)
HIV incidence, prevalence, and AIDS deaths for the reporting period.
(B)
Reporting on annual targets across prevention, treatment, and care interventions in partner countries, including—
(i)
a description of how those targets are designed to—
(I)
ensure that the annual increase in new patients on antiretroviral treatment exceeds the number of annual new HIV infections;
(II)
reduce the number of new HIV infections below the number of deaths among persons infected with HIV; and
(III)
achieve an AIDS-free generation;
(ii)
national targets across prevention, treatment, and care that are—
(I)
established by partner countries; or
(II)
where such national partner country-developed targets are unavailable, a description of progress towards developing national partner country targets; and
(iii)
bilateral programmatic targets across prevention, treatment, and care, including—
(I)
the number of adults and children to be directly supported on HIV treatment under United States-funded programs;
(II)
the number of adults and children to be otherwise supported on HIV treatment under United States-funded programs; and
(III)
other programmatic targets for activities directly and otherwise supported by United States-funded programs.
(C)
A description, by partner country, of HIV/AIDS funding from all sources, including funding levels from partner countries, other donors, and the private sector, as practicable.
(D)
A description of how United States-funded programs, in conjunction with the Global Fund, other donors, and partner countries, together set targets, measure progress, and achieve positive outcomes in partner countries.
(E)
An annual assessment of outcome indicator development, dissemination, and performance for programs supported under this section, including ongoing corrective actions to improve reporting.
(F)
A description and explanation of changes in related guidance or policies related to implementation of programs supported under this section.
(G)
An assessment and quantification of progress over the reporting period toward achieving the targets set forth in subparagraph (B), including—
(i)
the number, by partner country, of persons on HIV treatment, including specifically—
(I)
the number of adults and children on HIV treatment directly supported by United States-funded programs; and
(II)
the number of adults and children on HIV treatment otherwise supported by United States-funded programs;
(ii)
HIV treatment coverage rates by partner country;
(iii)
the net increase in persons on HIV treatment by partner country;
(iv)
new infections of HIV by partner country;
(v)
the number of HIV infections averted;
(vi)
antiretroviral treatment program retention rates by partner country, including—
(I)
performance against annual targets for program retention; and
(II)
the retention rate of persons on HIV treatment directly supported by United States-funded programs; and
(vii)
a description of supportive care.
(H)
A description of partner country and United States-funded HIV/AIDS prevention programs and policies, including—
(i)
an assessment by country of progress towards targets set forth in subparagraph (B), with a detailed description of the metrics used to assess—
(I)
programs to prevent mother to child transmission of HIV/AIDS, including coverage rates;
(II)
programs to provide or promote voluntary medical male circumcision, including coverage rates;
(III)
programs for behavior-change; and
(IV)
other programmatic activities to prevent the transmission of HIV;
(ii)
antiretroviral treatment as prevention; and
(iii)
a description of any new preventative interventions or methodologies.
(I)
A description of the goals, scope, and measurement of program efforts aimed at women and girls.
(J)
A description of the goals, scope, and measurement of program efforts aimed at orphans, vulnerable children, and youth.
(K)
A description of the indicators and milestones used to assess effective, strategic, and appropriately timed country ownership, including—
(i)
an explanation of the metrics used to determine whether the pace of any transition to such ownership is appropriate for that country, given that country’s level of readiness for such transition;
(ii)
an analysis of governmental and local nongovernmental capacity to sustain positive outcomes;
(iii)
a description of measures taken to improve partner country capacity to sustain positive outcomes where needed; and
(iv)
for countries undergoing a transition to greater country ownership, a description of strategies to assess and mitigate programmatic and financial risk and to ensure continued quality of care for essential services.
(L)
A description, globally and by partner country, of specific efforts to achieve and incentivize greater programmatic and cost effectiveness, including—
(i)
progress toward establishing common economic metrics across prevention, care and treatment with partner countries and the Global Fund;
(ii)
average costs, by country and by core intervention;
(iii)
expenditure reporting in all program areas, supplemented with targeted analyses of the cost-effectiveness of specific interventions; and
(iv)
import duties and internal taxes imposed on program commodities and services, by country.
(M)
A description of partnership framework agreements with countries, and regions where applicable, including—
(i)
the objectives and structure of partnership framework agreements with countries, including—
(I)
how these agreements are aligned with national HIV/AIDS plans and public health strategies and commitments of such countries; and
(II)
how these agreements incorporate a role for civil society; and
(ii)
a description of what has been learned in advancing partnership framework agreements with countries, and regions as applicable, in terms of improved coordination and collaboration, definition of clear roles and responsibilities of participants and signers, and implications for how to further strengthen these agreements with mutually accountable measures of progress.
(N)
A description of efforts and activities to engage new partners, including faith-based, locally-based, and United States minority-serving institutions.
(O)
A definition and description of the differentiation between directly and otherwise supported activities, including specific efforts to clarify programmatic attribution and contribution, as well as timelines for dissemination and implementation.
(P)
A description, globally and by country, of specific efforts to address co-infections and co-morbidities of HIV/AIDS, including—
(i)
the number and percent of people in HIV care or treatment who started tuberculosis treatment; and
(ii)
the number and percentage of eligible HIV positive patients starting isoniazid preventative therapy.
(Q)
A description of efforts by partner countries to train, employ, and retain health care workers, including efforts to address workforce shortages.
(R)
A description of program evaluations completed during the reporting period, including whether all completed evaluations have been published on a publically available Internet website and whether any completed evaluations did not adhere to the common evaluation standards of practice published under paragraph (4).
(4)

Common evaluation standards.—
Not later than February 1, 2014, the Global AIDS Coordinator shall publish on a publically available Internet website the common evaluation standards of practice referred to in paragraph (3)(R).
(5)

Partner country defined.—
In this subsection, the term “partner country” means a country with a minimum United States Government investment of HIV/AIDS assistance of at least $5,000,000 in the prior fiscal year.
(g)

Funding Limitation.—
Of the funds made available to carry out this section in any fiscal year, not more than 7 percent may be used for the administrative expenses of the United States Agency for International Development in support of activities described in section 104(c), this section, section 104B, and section 104C. Such amount shall be in addition to other amounts otherwise available for such purposes.
(h)

Definitions.—
In this section:
(1)

AIDS.—
The term “AIDS” means acquired immune deficiency syndrome.
(2)

HIV.—
The term “HIV” means the human immunodeficiency virus, the pathogen that causes AIDS.
(3)

HIV/AIDS.—
The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
(4)

Relevant executive branch agencies.—
The term “relevant executive branch agencies” means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including its agencies and offices), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this Act.
SEC. 104B.
[22 U.S.C. 2151b–3]

ASSISTANCE TO COMBAT TUBERCULOSIS.
(a)

Findings.—
Congress makes the following findings:
(1)
Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease.
(2)
Congress further recognizes that the means exist to control and treat tuberculosis through expanded use of the DOTS (Directly Observed Treatment Short-course) treatment strategy, including DOTS-Plus to address multi-drug resistant tuberculosis, and adequate investment in newly created mechanisms to increase access to treatment, including the Global Tuberculosis Drug Facility established in 2001 pursuant to the Amsterdam Declaration to Stop TB and the Global Alliance for TB Drug Development.
(b)

Policy.—
It is a major objective of the foreign assistance program of the United States to control tuberculosis. In all countries in which the Government of the United States has established development programs, particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis, the United States should support the objectives of the Global Plan to Stop TB, including through achievement of the following goals:
(1)
Reduce by half the tuberculosis death and disease burden from the 1990 baseline.
(2)
Sustain or exceed the detection of at least 70 percent of sputum smear-positive cases of tuberculosis and the successful treatment of at least 85 percent of the cases detected in countries with established United States Agency for International Development tuberculosis programs.
(3)
In support of the Global Plan to Stop TB, the President shall establish a comprehensive, 5-year United States strategy to expand and improve United States efforts to combat tuberculosis globally, including a plan to support—
(A)
the successful treatment of 4,500,000 new sputum smear tuberculosis patients under DOTS programs by 2013, primarily through direct support for needed services, commodities, health workers, and training, and additional treatment through coordinated multilateral efforts; and
(B)
the diagnosis and treatment of 90,000 new multiple drug resistant tuberculosis cases by 2013, and additional treatment through coordinated multilateral efforts.
(c)

Authorization.—
To carry out this section and consistent with section 104(c), the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of tuberculosis.
(d)

Coordination.—
In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program.
(e)

Priority To Stop TB Strategy.—
In furnishing assistance under subsection (c), the President shall give priority to—
(1)
direct services described in the Stop TB Strategy, including expansion and enhancement of Directly Observed Treatment Short-course (DOTS) coverage, rapid testing, treatment for individuals infected with both tuberculosis and HIV, and treatment for individuals with multi-drug resistant tuberculosis (MDR–TB), strengthening of health systems, use of the International Standards for Tuberculosis Care by all providers, empowering individuals with tuberculosis, and enabling and promoting research to develop new diagnostics, drugs, and vaccines, and program-based operational research relating to tuberculosis; and
(2)
funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development.
(f)

Assistance for the World Health Organization and the Stop Tuberculosis Partnership.—
In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing multiple drug resistant tuberculosis (MDR–TB) and extensively drug resistant tuberculosis (XDR–TB).
(g)

Annual Report.—
The President shall submit an annual report to Congress that describes the impact of United States foreign assistance on efforts to control tuberculosis, including—
(1)
the number of tuberculosis cases diagnosed and the number of cases cured in countries receiving United States bilateral foreign assistance for tuberculosis control purposes;
(2)
a description of activities supported with United States tuberculosis resources in each country, including a description of how those activities specifically contribute to increasing the number of people diagnosed and treated for tuberculosis;
(3)
in each country receiving bilateral United States foreign assistance for tuberculosis control purposes, the percentage provided for direct tuberculosis services in countries receiving United States bilateral foreign assistance for tuberculosis control purposes;
(4)
a description of research efforts and clinical trials to develop new tools to combat tuberculosis, including diagnostics, drugs, and vaccines supported by United States bilateral assistance;
(5)
the number of persons who have been diagnosed and started treatment for multidrug-resistant tuberculosis in countries receiving United States bilateral foreign assistance for tuberculosis control programs;
(6)
a description of the collaboration and coordination of United States anti-tuberculosis efforts with the World Health Organization, the Global Fund, and other major public and private entities within the Stop TB Strategy;
(7)
the constraints on implementation of programs posed by health workforce shortages and capacities;
(8)
the number of people trained in tuberculosis control; and
(9)
a breakdown of expenditures for direct patient tuberculosis services, drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening, research, and support costs.
(h)

Definitions.—
In this section:
(1)

DOTS.—
The term “DOTS” or “Directly Observed Treatment Short-course” means the World Health Organization-recommended strategy for treating tuberculosis including—
(A)
low-cost and effective diagnosis, treatment, and monitoring of tuberculosis;
(B)
a reliable drug supply;
(C)
a management strategy for public health systems;
(D)
health system strengthening;
(E)
promotion of the use of the International Standards for Tuberculosis Care by all care providers;
(F)
bacteriology under an external quality assessment framework;
(G)
short-course chemotherapy; and
(H)
sound reporting and recording systems.
(2)

DOTS-plus.—
The term “DOTS-Plus” means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard DOTS strategy, and which takes into account specific issues (such as use of second line anti-tuberculosis drugs) that need to be addressed in areas where there is high prevalence of multi-drug resistant tuberculosis.
(3)

Global alliance for tuberculosis drug development.—
The term “Global Alliance for Tuberculosis Drug Development” means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries.
(4)

Global tuberculosis drug facility.—
The term “Global Tuberculosis Drug Facility (GDF)” means the new initiative of the Stop Tuberculosis Partnership to increase access to high-quality tuberculosis drugs to facilitate DOTS expansion.
(5)

Stop tb strategy.—
The term “Stop TB Strategy” means the 6-point strategy to reduce tuberculosis developed by the World Health Organization, which is described in the Global Plan to Stop TB 2006–2015: Actions for Life, a comprehensive plan developed by the Stop TB Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015.
(6)

Stop tuberculosis partnership.—
The term “Stop Tuberculosis Partnership” means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world.
SEC. 104C.
[22 U.S.C. 2151b–4]

ASSISTANCE TO COMBAT MALARIA.
(a)

Finding.—
Congress finds that malaria kills more people annually than any other communicable disease except tuberculosis, that more than 90 percent of all malaria cases are in sub-Saharan Africa, and that children and women are particularly at risk. Congress recognizes that there are cost-effective tools to decrease the spread of malaria and that malaria is a curable disease if promptly diagnosed and adequately treated.
(b)

Policy.—
It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention, control, treatment, and cure of malaria.
(c)

Authorization.—
To carry out this section and consistent with section 104(c), the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of malaria.
(d)

Coordination.—
In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the Department of Health and Human Services (the Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive malaria control program.
Sec. 105.
[22 U.S.C. 2151c]

Education and Human Resources Development.—
(a)
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)
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.
(c)

Assistance to Promote Sustainable, Quality Basic Education.—
(1)

Definitions.—
In this subsection:
(A)

Basic education.—
The term “basic education” includes—
(i)
measurable improvements in literacy, numeracy, and other basic skills development that prepare an individual to be an active, productive member of society and the workforce;
(ii)
workforce development, vocational training, and digital literacy informed by real market needs and opportunities and that results in measurable improvements in employment;
(iii)
programs and activities designed to demonstrably improve—
(I)
early childhood, preprimary education, primary education, and secondary education, which can be delivered in formal or nonformal education settings; and
(II)
learning for out-of-school youth and adults; and
(iv)
capacity building for teachers, administrators, counselors, and youth workers that results in measurable improvements in student literacy, numeracy, or employment.
(B)

Communities of learning.—
The term “communities of learning” means a holistic approach to education and community engagement in which schools act as the primary resource center for delivery of a service to the community at large, leveraging and maximizing the impact of other development efforts and reducing duplication and waste.
(C)

Gender parity in basic education.—
The term “gender parity in basic education” means that girls and boys have equal access to quality basic education.
(D)

Marginalized children and vulnerable groups.—
The term “marginalized children and vulnerable groups” includes girls, children affected by or emerging from armed conflict or humanitarian crises, children with disabilities, children in remote or rural areas (including those who lack access to safe water and sanitation), religious or ethnic minorities, indigenous peoples, orphans and children affected by HIV/AIDS, child laborers, married adolescents, and victims of trafficking.
(E)

National education plan.—
The term “national education plan” means a comprehensive national education plan developed by partner country governments in consultation with other stakeholders as a means for wide-scale improvement of the country’s education system, including explicit, credible strategies informed by effective practices and standards to achieve quality universal basic education.
(F)

Nonformal education.—
The term “nonformal education” means organized educational activities outside the established formal system, whether operating separately or as an important feature of a broader activity, that are intended to provide students with measurable improvements in literacy, numeracy, and other basic skills development that prepare an individual to be an active, productive member of society and the workforce.
(G)

Partner country.—
The term “partner country” means a developing country that participates in or benefits from basic education programs under this subsection pursuant to the prioritization criteria described in paragraph (4), including level of need, opportunity for impact, and the availability of resources.
(H)

Relevant executive branch agencies and officials.—
The term “relevant Executive branch agencies and officials” means the Department of State, the United States Agency for International Development, the Department of the Treasury, the Department of Labor, the Department of Education, the Department of Agriculture, and the Department of Defense, the Chief Executive Officer of the Millennium Challenge Corporation, the National Security Advisor, and the Director of the Peace Corps.
(I)

Sustainability.—
The term “sustainability” means, with respect to any basic education program that receives funding pursuant to this section, the ability of a service delivery system, community, partner, or beneficiary to maintain, over time, such basic education program without the use of foreign assistance.
(2)

Policy.—
In carrying out this section, it shall be the policy of the United States to work with partner countries, as appropriate, other donors, multilateral institutions, the private sector, and nongovernmental and civil society organizations, including faith-based organizations and organizations that represent teachers, students, and parents, to promote sustainable, quality basic education through programs and activities that—
(A)
take into consideration and help respond to the needs, capacities, and commitment of developing countries to achieve measurable improvements in literacy, numeracy, and other basic skills development that prepare an individual to be an active, productive member of society and the workforce;
(B)
strengthen educational systems, promote communities of learning, as appropriate, expand access to safe learning environments, including by breaking down specific barriers to basic education for women and girls, ensure continuity of education, including in conflict settings, measurably improve teacher skills and learning outcomes, and support the engagement of parents in the education of their children to help partner countries ensure that all children, including marginalized children and other vulnerable groups, have access to and benefit from quality basic education;
(C)
promote education as a foundation for sustained economic growth and development within a comprehensive assistance strategy that places partner countries on a trajectory toward graduation from assistance provided under this section with clearly defined benchmarks of success that are used as requirements for related procurement vehicles, such as grants, contracts, and cooperative agreements;
(D)
monitor and evaluate the effectiveness and quality of basic education programs in partner countries; and
(E)
promote United States values, especially respect for all persons and freedoms of religion, speech, and the press.
(3)

Principles.—
In carrying out the policy referred to in paragraph (2), the United States shall be guided by the following principles of aid effectiveness:
(A)

Alignment.—
Assistance provided under this section to support programs and activities under this subsection shall be aligned with and advance United States foreign policy and economic interests.
(B)

Country ownership.—
To the greatest extent practicable, assistance provided under this section to support programs and activities under this subsection should be aligned with and support the national education plans and country development strategies of partner countries, including activities that are appropriate for and meet the needs of local and indigenous cultures.
(C)

Coordination.—
(i)

In general.—
Assistance provided under this section to support programs and activities under this subsection should be coordinated with and leverage the unique capabilities and resources of local and national governments in partner countries, other donors, multilateral institutions, the private sector, and nongovernmental and civil society organizations, including faith-based organizations and organizations that represent teachers, students, and parents.
(ii)

Multilateral programs and initiatives.—
Assistance provided under this section to support programs and activities under this subsection should be coordinated with and support proven multilateral education programs and financing mechanisms, which may include the Global Partnership for Education, that demonstrate commitment to efficiency, effectiveness, transparency, and accountability.
(D)

Efficiency.—
The President shall seek to improve the efficiency and effectiveness of assistance provided under this section to support programs and activities under this subsection by coordinating the related efforts of relevant Executive branch agencies and officials.
(E)

Effectiveness.—
Programs and activities supported under this subsection—
(i)
shall be consistent with the policies and principles set forth in this subsection;
(ii)
shall be designed to achieve specific, measurable goals and objectives that are directly related to the provision of basic education (as defined in this section); and
(iii)
shall include appropriate targets, metrics, and indicators that—
(I)
move a country along the path to graduation from assistance provided under this subsection; and
(II)
can be applied with reasonable consistency across such programs and activities to measure progress and outcomes.
(F)

Transparency and accountability.—
Programs and activities supported under this subsection shall be subject to rigorous monitoring and evaluation, which may include impact evaluations, the results of which shall be made publically available in a fully searchable, electronic format.
(4)

Priority and other requirements.—
The President shall ensure that assistance provided under this section to support programs and activities under this subsection is aligned with the foreign policy and economic interests of the United States and, subject to such alignment, priority is given to developing countries in which—
(A)
there is the greatest need and opportunity to expand access to basic education and to improve learning outcomes, including for marginalized and vulnerable groups, particularly women and girls to ensure gender parity in basic education, or populations affected by conflict or crisis;
(B)
such assistance can produce a substantial, measurable impact on children and educational systems; and
(C)
there is the greatest opportunity to reduce childhood and adolescence exposure to or engagement in violent extremism or extremist ideologies.
Sec. 106.
[22 U.S.C. 2151d]

Energy, Private Voluntary Organizations, and Selected Development Activities.—
(a)
(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 103, 104, and 105 are undermined by the inability of many developing countries to satisfy their energy requirements. Unless the energy deficit of the developing countries can be narrowed by more fully exploiting indigenous sources of energy such as oil, natural gas, and coal, scarce foreign exchange will increasingly have to be diverted to oil imports, primarily to the detriment of long-term development and economic growth.
(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)
(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 chapter for cooperative programs with developing countries in energy production and conservation through research on and development and use of small-scale, decentralized, renewable energy sources for rural areas carried out as integral parts of rural development efforts in accordance with section 103 of this Act. Such programs shall also be directed toward the earliest practicable development and use of energy technologies which are environmentally acceptable, require minimum capital investment, are most acceptable to and affordable by the people using them, are simple and inexpensive to use and maintain, and are transferable from one region of the world to another. Such programs may include research on and the development, demonstration, and application of suitable energy technologies (including use of wood); analysis of energy uses, needs, and resources; training and institutional development; and scientific interchange.
(c)
The agency primarily responsible for administering this part and the Department of Energy shall coordinate with one another, to the maximum extent possible, the planning and implementation of energy programs under this chapter.
(d)
The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the following activities, to the extent that such activities are not authorized by sections 103, 104, and 105 of this Act:
(1)
programs of technical cooperation and development, particularly the development efforts of United States private and voluntary agencies and regional and international development organizations;
(2)
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)
There is authorized to be appropriated $2,000,000 for fiscal years 2021 through 2023 to finance cooperative projects among the United States, Israel, and developing countries that identify and support local solutions to address sustainability challenges relating to water resources, agriculture, and energy storage, including—
(1)
establishing public-private partnerships;
(2)
supporting the identification, research, development testing, and scaling of innovations that focus on populations that are vulnerable to environmental and resource-scarcity crises, such as subsistence farming communities;
(3)
seed or transition-to-scale funding;
(4)
clear and appropriate branding and marking of United States funded assistance, in accordance with section 641; and
(5)
accelerating demonstrations or applications of local solutions to sustainability challenges, or the further refinement, testing, or implementation of innovations that have previously effectively addressed sustainability challenges.
Sec. 107.
[22 U.S.C. 2151e]

Appropriate Technology.—
(a)
In carrying out activities under this chapter, the President shall place special emphasis on the use of relatively smaller, cost-saving, labor-using technologies that are generally most appropriate for the small farms, small businesses, and small incomes of the poor.
(b)
Funds made available to carry out this chapter should be used to the extent practicable for activities in the field of appropriate technology, including support of an expanded and coordinated private effort to promote the development and dissemination of appropriate technology in developing countries.
[Subsections (a) and (b) of section 4 of Public Law 108–484 (118 Stat. 3927) transfers section 108 to title VI of chapter 2 of Part I and redesignates such section as section 256.]
Sec. 109.
[22 U.S.C. 2151g]

Transfer of Funds.—
Whenever the President determines it to be necessary for the purposes of this chapter, not to exceed 15 per centum of the funds made available for any provision of this chapter may be transferred to, and consolidated with, the funds made available for any other provision of this chapter, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The authority of sections 610(a) and 614(a) of this Act may not be used to transfer funds made available under this chapter for use for purposes of any other provision of this Act except that the authority of such sections may be used to transfer for the purposes of section 667 not to exceed five per centum of the amount of funds made available for section 667(a)(1).
Sec. 110.
[22 U.S.C. 2151h]

Cost-Sharing and Funding Limits.—
No assistance shall be furnished by the United States Government to a country under sections 103 through 106 of this Act until the country provides assurances to the President, and the President is satisfied, that such country provide at least 25 per centum of the costs of the entire program, project, or activity with respect to which such assistance is to be furnished, except that such costs borne by such country may be provided on an “in-kind” basis.
Sec. 111.
[22 U.S.C. 2151i]

Development and Use of Cooperatives.—
In order to strengthen the participation of the rural and urban poor in their country's development, high priority shall be given to increasing the use of funds made available under this Act 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.
Sec. 112.

Prohibiting Police Training.—
* * *
[Repealed—1974]
Sec. 113.
[22 U.S.C. 2151k]

Integrating Women Into National Economies.—
(a)
In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process of the national economies of such countries, this part shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of developing countries, thus improving their status and assisting the total development effort.
(b)
(1)
Up to $10,000,000 of the funds made available each fiscal year under this chapter and chapter 10 of this part 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)
Not less than $500,000 of the funds made available under this chapter for fiscal year 1982 shall be expended on international programs which support the original goals of the United Nations Decade for Women.
Sec. 114.

Limiting Use of Funds for Abortions or Involuntary Sterilization.—
* * *
[Repealed—1978]
Sec. 115.

Prohibiting Use of Funds for Certain Countries.—
* * *
[Repealed—1978]
Sec. 116.
[22 U.S.C. 2151n]

Human Rights.—
(a)
No assistance may be provided under this part, and no support may be provided under title II of the Better Utilization of Investments Leading to Development Act of 2018, 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)
In determining whether this standard is being met with regard to funds allocated under this part or title II of the Better Utilization of Investments Leading to Development Act of 2018, 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 part I of this Act or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable,6 to submit in writing information demonstrating that such assistance or support will directly benefit the needy people in such country, together with a detailed explanation of the assistance or support to be provided (including the dollar amounts of such assistance or support) and an explanation of how such assistance or support will directly benefit the needy people in such country. If either committee or either House of Congress disagrees with the Administrator's justification it may initiate action to terminate assistance to any country by a concurrent resolution under section 617 of this Act6.
^6
Section 1470(j)(1)(B)(ii) of the BUILD Act of 2018 (division F of Public Law 115–254) provides for an amendment to insert “or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable,” after “this Act”. The phrase “this Act” appears two times in subsection (b). Such amendment was carried out to the first occurrence of such phrase to reflect the probable intent of Congress.
(b)7
No assistance may be provided under this part, and no support may be provided under title II of the Better Utilization of Investments Leading to Development Act of 2018, 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.
^7
Sec. 599D of the of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513; 104 Stat. 2066), added this second subsec. (b).
(c)
In determining whether or not a government falls within the provisions of subsection (a) and in formulating development assistance programs under this part, or support provided under title II of the Better Utilization of Investments Leading to Development Act of 2018, the Administrator, or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable, 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 3 of the International Religious Freedom Act of 1998; or
(B)
has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998), when such efforts could have been reasonably undertaken.
(d)
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)—
(A)
in countries that receive assistance under this part, and
(B)
in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act;
(2)
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 this part 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 3 of the International Religious Freedom Act of 1998);
(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 Jewish people, and acts of violence against, or vandalism of Jewish community institutions, including schools, synagogues, and cemeteries;
(B)
instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against Jewish people;
(C)
the actions, if any, taken by the government of the country to respond to such violence and attacks or to eliminate such propaganda or incitement;
(D)
the actions taken by such government to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and
(E)
the efforts of such government to promote anti-bias and tolerance education;
(9)
wherever applicable, consolidated information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States instrument of ratification to that convention and section 2(a) of the Genocide Convention Implementation Act of 1987);
(10)
for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country;
(11)
(A)
wherever applicable, a description of the nature and extent—
(i)
of the compulsory recruitment and conscription of individuals under the age of 18 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups, and the participation of such individuals in such groups; and
(ii)
that such individuals take a direct part in hostilities;
(B)
what steps, if any, taken by the government of the country to eliminate such practices;
(C)
such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretary; and
(12)
wherever applicable—
(A)
a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;
(B)
an identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups; and
(C)
in countries where there are particularly severe violations of freedom of the press—
(i)
whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; and
(ii)
what steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists.
(13)
Wherever applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of—
(A)
incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders;
(B)
countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts;
(C)
the tactics used by the governments of countries identified pursuant to subparagraph (A), including the actions identified and any new techniques observed;
(D)
in the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of countries identified pursuant to subparagraph (A) for such actions; and
(E)
groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur.
(e)
The President is authorized and encouraged to use not less than $3,000,000 of the funds made available under this chapter, chapter 10 of this part, and chapter 4 of part II for each fiscal year for studies to identify, and for openly carrying out, programs and activities which will encourage or promote increased adherence to civil and political rights, as set forth in the Universal Declaration of Human Rights, in countries eligible for assistance under this chapter or under chapter 10 of this part, except that funds made available under chapter 10 of this part may only be used under this subsection with respect to countries in sub-Saharan Africa. None of these funds may be used, directly or indirectly, to influence the outcome of any election in any country.
(f)
(1)
The report required by subsection (d) shall include the following:
(A)
A description of the nature and extent of severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, in each foreign country.
(B)
With respect to each country that is a country of origin, transit, or destination for victims of severe forms of trafficking in persons, an assessment of the efforts by the government of that country to combat such trafficking. The assessment shall address the following:
(i)
Whether government authorities in that country participate in, facilitate, or condone such trafficking.
(ii)
Which government authorities in that country are involved in activities to combat such trafficking.
(iii)
What steps the government of that country has taken to prohibit government officials from participating in, facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.
(iv)
What steps the government of that country has taken to prohibit other individuals from participating in such trafficking, including the investigation, prosecution, and conviction of individuals involved in severe forms of trafficking in persons, the criminal and civil penalties for such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.
(v)
What steps the government of that country has taken to assist victims of such trafficking, including efforts to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.
(vi)
Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or with extradition treaties to which such country is a party, whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties so as to permit such cooperation.
(vii)
Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat severe forms of trafficking in persons.
(viii)
Whether the government of that country refrains from prosecuting victims of severe forms of trafficking in persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.
(ix)
Whether the government of that country recognizes the rights of victims of severe forms of trafficking in persons and ensures their access to justice.
(C)
Such other information relating to trafficking in persons as the Secretary of State considers appropriate.
(2)
In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations and other appropriate nongovernmental organizations.
(g)

Child Marriage Status.—
(1)

In general.—
The report required under subsection (d) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country.
(2)

Defined term.—
In this subsection, the term “child marriage” means the marriage of a girl or boy who is—
(A)
younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or
(B)
younger than 18 years of age, if no such law exists.
Sec. 117.
[22 U.S.C. 2151p]

Environment and Natural Resources.—
(a)
The Congress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. The Congress also finds that the world faces enormous, urgent, and complex problems, with respect to natural resources, which require new forms of cooperation between the United States and developing countries to prevent such problems from becoming unmanageable. It is, therefore, in the economic and security interests of the United States to provide leadership both in thoroughly reassessing policies relating to natural resources and the environment, and in cooperating extensively with developing countries in order to achieve environmentally sound development.
(b)
In order to address the serious problems described in subsection (a), the President is authorized to furnish assistance under this part for developing and strengthening the capacity of developing countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible to restore the land, vegetation, water, wildlife, and other resources upon which depend economic growth and human well-being, especially of the poor.
(c)
(1)
The President, in implementing programs and projects under this chapter and chapter 10 of this part, shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. Subject to such procedures as the President considers appropriate, the President shall require all agencies and officials responsible for programs or projects under this chapter—
(A)
to prepare and take fully into account an environmental impact statement for any program or project under this chapter significantly affecting the environment of the global commons outside the jurisdiction of any country, the environment of the United States, or other aspects of the environment which the President may specify; and
(B)
to prepare and take fully into account an environmental assessment of any proposed program or project under this chapter significantly affecting the environment of any foreign country.
Such agencies and officials should, where appropriate, use local technical resources in preparing environmental impact statements and environmental assessments pursuant to this subsection.
(2)
The President may establish exceptions from the requirements of this subsection for emergency conditions and for cases in which compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States.
Sec. 118.
[22 U.S.C. 2151p–1]

Tropical Forests.
(a)

Importance of Forests and Tree Cover.—
In enacting section 103(b)(3) of this Act the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating alteration, destruction, and loss of tropical forests in developing countries, which pose a serious threat to development and the environment. Tropical forest destruction and loss—
(1)
result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and
(2)
can result in desertification and destabilization of the earth's climate.
Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as well as genetic resources of value to developed and developing countries alike.
(b)

Priorities.—
The concerns expressed in subsection (a) and the recommendations of the United States Interagency Task Force on Tropical Forests shall be given high priority by the President—
(1)
in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to private sector activities; and
(2)
in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries.
(c)

Assistance to Developing Countries.—
In providing assistance to developing countries, the President shall do the following:
(1)
Place a high priority on conservation and sustainable management of tropical forests.
(2)
To the fullest extent feasible, engage in dialogues and exchanges of information with recipient countries—
(A)
which stress the importance of conserving and sustainably managing forest resources for the long-term economic benefit of those countries, as well as the irreversible losses associated with forest destruction, and
(B)
which identify and focus on policies of those countries which directly or indirectly contribute to deforestation.
(3)
To the fullest extent feasible, support projects and activities—
(A)
which offer employment and income alternatives to those who otherwise would cause destruction and loss of forests, and
(B)
which help developing countries identify and implement alternatives to colonizing forested areas.
(4)
To the fullest extent feasible, support training programs, educational efforts, and the establishment or strengthening of institutions which increase the capacity of developing countries to formulate forest policies, engage in relevant land-use planning, and otherwise improve the management of their forests.
(5)
To the fullest extent feasible, help end destructive slash-and-burn agriculture by supporting stable and productive farming practices in areas already cleared or degraded and on lands which inevitably will be settled, with special emphasis on demonstrating the feasibility of agroforestry and other techniques which use technologies and methods suited to the local environment and traditional agricultural techniques and feature close consultation with and involvement of local people.
(6)
To the fullest extent feasible, help conserve forests which have not yet been degraded, by helping to increase production on lands already cleared or degraded through support of reforestation, fuelwood, and other sustainable forestry projects and practices, making sure that local people are involved at all stages of project design and implementation.
(7)
To the fullest extent feasible, support projects and other activities to conserve forested watersheds and rehabilitate those which have been deforested, making sure that local people are involved at all stages of project design and implementation.
(8)
To the fullest extent feasible, support training, research, and other actions which lead to sustainable and more environmentally sound practices for timber harvesting, removal, and processing, including reforestation, soil conservation, and other activities to rehabilitate degraded forest lands.
(9)
To the fullest extent feasible, support research to expand knowledge of tropical forests and identify alternatives which will prevent forest destruction, loss, or degradation, including research in agroforestry, sustainable management of natural forests, small-scale farms and gardens, small-scale animal husbandry, wider application of adopted traditional practices, and suitable crops and crop combinations.
(10)
To the fullest extent feasible, conserve biological diversity in forest areas by—
(A)
supporting and cooperating with United States Government agencies, other donors (both bilateral and multilateral), and other appropriate governmental, intergovernmental, and nongovernmental organizations in efforts to identify, establish, and maintain a representative network of protected tropical forest ecosystems on a worldwide basis;
(B)
whenever appropriate, making the establishment of protected areas a condition of support for activities involving forest clearance of degradation; and
(C)
helping developing countries identify tropical forest ecosystems and species in need of protection and establish and maintain appropriate protected areas.
(11)
To the fullest extent feasible, engage in efforts to increase the awareness of United States Government agencies and other donors, both bilateral and multilateral, of the immediate and long-term value of tropical forests.
(12)
To the fullest extent feasible, utilize the resources and abilities of all relevant United States Government agencies.
(13)
Require that any program or project under this chapter significantly affecting tropical forests (including projects involving the planting of exotic plant species)—
(A)
be based upon careful analysis of the alternatives available to achieve the best sustainable use of the land, and
(B)
take full account of the environmental impacts of the proposed activities on biological diversity,
as provided for in the environmental procedures of the Agency for International Development.
(14)
Deny assistance under this chapter for—
(A)
the procurement or use of logging equipment, unless an environmental assessment indicates that all timber harvesting operations involved will be conducted in an environmentally sound manner which minimizes forest destruction and that the proposed activity will produce positive economic benefits and sustainable forest management systems; and
(B)
actions which significantly degrade national parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas.
(15)
Deny assistance under this chapter for the following activities unless an environmental assessment indicates that the proposed activity will contribute significantly and directly to improving the livelihood of the rural poor and will be conducted in an environmentally sound manner which supports sustainable development:
(A)
Activities which would result in the conversion of forest lands to the rearing of livestock.
(B)
The construction, upgrading, or maintenance of roads (including temporary haul roads for logging or other extractive industries) which pass through relatively undegraded forest lands.
(C)
The colonization of forest lands.
(D)
The construction of dams or other water control structures which flood relatively undegraded forest lands.
(d)

PVOs and Other Nongovernmental Organizations.—
Whenever feasible, the President shall accomplish the objectives of this section through projects managed by private and voluntary organizations or international, regional, or national nongovernmental organizations which are active in the region or country where the project is located.
(e)

Country Analysis Requirements.—
Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—
(1)
the actions necessary in that country to achieve conservation and sustainable management of tropical forests, and
(2)
the extent to which the actions proposed for support by the Agency meet the needs thus identified.
(f)

Annual Report.—
Each annual report required by section 634(a) of this Act shall include a report on the implementation of this section.
Sec. 119.
[22 U.S.C. 2151q]

Endangered Species.—
(a)
The Congress finds the survival of many animal and plant species is endangered by overhunting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. The Congress further finds that the extinction of animal and plant species is an irreparable loss with potentially serious environmental and economic consequences for developing and developed countries alike. Accordingly, the preservation of animal and plant species through the regulation of the hunting and trade in endangered species, through limitations on the pollution of natural ecosystems, and through the protection of wildlife habitats should be an important objective of the United States development assistance.
(b)
In order to preserve biological diversity, the President is authorized to furnish assistance under this part, notwithstanding section 660, 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 this part (excluding funds made available to carry out section 104(c)(2), relating to the Child Survival Fund) shall be allocated for assistance pursuant to subsection (b) for activities which were not funded prior to fiscal year 1987. In addition, the Agency for International Development shall, to the fullest extent possible, continue and increase assistance pursuant to subsection (b) for activities for which assistance was provided in fiscal years prior to fiscal year 1987.
(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 the date of enactment of this paragraph on the actions taken pursuant to this paragraph);
(9)
ensure that environmental profiles sponsored by the Agency include information needed for conservation of biological diversity; and
(10)
deny any direct or indirect assistance under this chapter for actions which significantly degrade national parks or similar protected areas or introduce exotic plants or animals into such areas.
(h)

Annual Reports.—
Each annual report required by section 634(a) of this Act shall include, in a separate volume, a report on the implementation of this section.
Sec. 120.
[22 U.S.C. 2151r]

Sahel Development Program—Planning.—
(a)
The Congress reaffirms its support of the initiative of the United States Government in undertaking consultations and planning with the countries concerned, and with other nations providing assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and support of a comprehensive long-term African Sahel development program.
(b)
The President is authorized to develop a long-term comprehensive development program for the Sahel and other drought-stricken nations in Africa.
(c)
In developing this long-term program, the President shall—
(1)
consider international coordination for the planning and implementation of such program;
(2)
seek greater participation and support by African countries and organizations in determining development priorities; and
(3)
begin such planning immediately.
(d)
* * *
[Repealed—1978]
Sec. 121.

Sahel Development Program—Implementation.
* * *
[Repealed—1990]
Sec. 122.
[22 U.S.C. 2151t]

General Authorities.—
(a)
In order to carry out the purposes of this chapter, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities.
(b)
The President is authorized to make loans payable as to principal and interest in United States dollars on such terms and conditions as he may determine, in order to promote the economic development of countries and areas, with emphasis upon assisting long range plans and programs designed to develop economic resources and increase productive capacities. The President shall determine the interest payable on any loan. In making loans under this chapter, the President shall consider the economic circumstances of the borrower and other relevant factors, including the capacity of the recipient country to repay the loan at a reasonable rate of interest, except that loans may not be made at a rate of interest of less than 3 per centum per annum commencing not later than ten years following the date on which the funds are initially made available under the loan, during which ten-year period the rate of interest shall not be lower than 2 per centum per annum, nor higher than the applicable legal rate of interest of the country in which the loan is made.
(c)
Dollar receipts paid during any fiscal year from loans made under this part or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts.
(d)
Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this chapter may be used for assistance on such terms and conditions as the President may determine, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned with the economic and social development of developing countries.
(e)
The President shall establish an interagency Development Loan Committee, consisting of such officers from such agencies of the United States Government as he may determine, which shall, under the direction of the President, establish standards and criteria for lending operations under this chapter in accordance with the foreign and financial policies of the United States. Except in the case of officers serving in positions to which they were appointed by the President by and with the advice and consent of the Senate, officers assigned to the Committee shall be so assigned by the President by and with the advice and consent of the Senate.
Sec. 123.
[22 U.S.C. 2151u]

Private and Voluntary Organizations and Cooperatives in Overseas Development.—
(a)
The Congress finds that the participation of rural and urban poor people in their countries' development can be assisted and accelerated in an effective manner through an increase in activities planned and carried out by private and voluntary organizations and cooperatives. Such organizations and cooperatives, embodying the American spirit of self-help and assistance to others to improve their lives and incomes, constitute an important means of mobilizing private American financial and human resources to benefit poor people in developing countries. The Congress declares that it is in the interest of the United States that such organizations and cooperatives expand their overseas development efforts without compromising their private and independent nature. The Congress further declares that the financial resources of such organizations and cooperatives should be supplemented by the contribution of public funds for the purpose of undertaking development activities in accordance with the principles set forth in section 102 and, if necessary and determined on a case- by-case basis, for the purpose of sharing the cost of developing programs related to such activities. The Congress urges the Administrator of the agency primarily responsible for administering this part, in implementing programs authorized under this part, to draw on the resources of private and voluntary organizations and cooperatives to plan and carry out development activities and to establish simplified procedures for the development and approval of programs to be carried out by such private and voluntary organizations and cooperatives as have demonstrated a capacity to undertake effective development activities.
(b)
In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation of friendly peoples, the President is authorized to use funds made available for the purposes of this chapter and chapter 10 of this part 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 under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports.
(d)
Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee.
(e)
Prohibitions on assistance to countries contained in this or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering this part in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year 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)
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 103(a), 104(b), 104(c), 105, 106, 121, and 491 of this Act shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than sixteen percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under chapter 4 of part II of this Act for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.
[Subsection (g) was repealed by Public Law 105–277.]
(h)
The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this chapter shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.
Sec. 124.
[22 U.S.C. 2151v]

Relatively Least Developed Countries.—
(a)
Relatively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of “least developed countries”) are characterized by extreme poverty, very limited infrastructure, and limited administrative capacity to implement basic human needs growth strategies. In such countries special measures may be necessary to insure the full effectiveness of assistance furnished under this part.
(b)
For the purpose of promoting economic growth in these countries, the President is authorized and encouraged to make assistance under this chapter available on a grant basis to the maximum extent that is consistent with the attainment of United States development objectives.
(c)
(1)
The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. Therefore, notwithstanding section 620(r) of this Act and section 321 of the International Development and Food Assistance Act of 1975 but subject to paragraph (2) of this subsection, the President on a case-by-case basis, taking into account the needs of the country for financial resources and the commitment of the country to the development objectives set forth in sections 101 and 102—
(A)
may permit a relatively least developed country to place amounts, which would otherwise be paid to the United States as payments on principal or interest on liability incurred by that country under this part (or any predecessor legislation) into local currency accounts (in equivalent amounts of local currencies as determined by the official exchange rate for United States dollars) for use by the relatively least developed country, with the concurrence of the Administrator of the agency primarily responsible for administering this part, for activities which are consistent with section 102; and
(B)
may waive interest payments on liability incurred by a relatively least developed country under this part (or any predecessor legislation) if the President determines that that country would be unable to use for development purposes the equivalent amounts of local currencies which could be made available under subparagraph (A).
(2)
The aggregate amount of interest waived and interest and principal paid into local currency accounts under this subsection in any fiscal year may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this chapter for that fiscal year, which amount may not exceed the amount authorized to be so approved by the annual authorizing legislation for development assistance programs. Amounts due and payable during fiscal year 1981 to the United States from relatively least developed countries on loans made under this part (or any predecessor legislation) are authorized to be approved for use, in accordance with the provisions of paragraph (1) of this subsection, in an amount not to exceed $10,845,000.
(3)
In exercising the authority granted by this subsection, the President should act in concert with other creditor countries.
(d)
The President may on a case-by-case basis waive the requirement of section 110(a) for financial or “in kind” contributions in the case of programs, projects, or activities in relatively least developed countries.
(e)
Section 110(b) shall not apply with respect to grants to relatively least developed countries.
Sec. 125.
[22 U.S.C. 2151w]

Project and Program Evaluation.—
(a)
The Administrator of the agency primarily responsible for administering this part is directed to improve the assessment and evaluation of the programs and projects carried out by that agency under this chapter. The Administrator shall consult with the appropriate committees of the Congress in establishing standards for such evaluations.
(b)
* * *
[Repealed—1981]
Sec. 126.
[22 U.S.C. 2151x]

Development and Illicit Narcotics Production.—
(a)
The Congress recognizes that illicit narcotics cultivation is related to overall development problems and that the vast majority of all individuals employed in the cultivation of illicit narcotics reside in the developing countries and are among the poorest of the poor in those countries and that therefore the ultimate success of any effort to eliminate illicit narcotics production depends upon the availability of alternative economic opportunities for those individuals, upon other factors which assistance under this chapter could address, as well as upon direct narcotics control efforts.
(b)
(1)
In planning programs of assistance under this chapter, and chapter 10 of this part, and under chapter 4 of part II for countries in which there is illicit narcotics cultivation, the agency primarily responsible for administering this part should give priority consideration to programs which would help reduce illicit narcotics cultivation by stimulating broader development opportunities.
(2)
The agency primarily responsible for administering this part may utilize resources for activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.
(c)
In furtherance of the purposes of this section, the agency primarily responsible for administering this part shall cooperate fully with, and share its expertise in development matters with, other agencies of the United States Government involved in narcotics control activities abroad.
Sec. 127.
[22 U.S.C. 2151y]

Accelerated Loan Repayments.—
The Administrator of the agency primarily responsible for administering this part shall conduct an annual review of bilateral concessional loan balances and shall determine and identify those countries whose financial resources make possible accelerated loan repayments. In particular, European countries that were recipients of concessional loans by predecessor agencies to the agency primarily responsible for administering this part shall be contacted to negotiate accelerated repayments. The criteria used by the Administrator in making these determinations shall be established in conjunction with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
Sec. 128.
[22 U.S.C. 2151z]

Targeted Assistance.—
(a)
The President shall use poverty measurement standards, such as those developed by the International Bank for Reconstruction and Development, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assistance under this chapter directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty.
(b)
To the maximum extent possible, activities under this chapter that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority.
SEC. 129.
[22 U.S.C. 2152]

PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING OR TRANSITIONAL COUNTRIES.
(a)

Establishment of Program.—
(1)

In general.—
Not later than 150 days after the date of the enactment of this section, the Secretary of the Treasury, after consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries.
(2)

Role of secretary of state.—
The Secretary of State shall provide foreign policy guidance to the Secretary to ensure that the program established under this subsection is effectively integrated into the foreign policy of the United States.
(b)

Conduct of Program.—
(1)

In general.—
In carrying out the program established under subsection (a), the Secretary shall provide economic and financial technical assistance to foreign governments and foreign central banks of developing and transitional countries by providing advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries to promote macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable private sector growth.
(2)

Additional requirements.—
To the extent practicable, such technical assistance shall be designed to establish—
(A)
tax systems that are fair, objective, and efficiently gather sufficient revenues for governmental operations;
(B)
debt issuance and management programs that rely on market forces;
(C)
budget planning and implementation that permits responsible fiscal policy management;
(D)
commercial banking sector development that efficiently intermediates between savers and investors; and
(E)
financial law enforcement to protect the integrity of financial systems, financial institutions, and government programs.
(3)

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), the Secretary—
(1)
shall establish a methodology for identifying and selecting foreign governments and foreign central banks to receive assistance under the program;
(2)
prior to selecting a foreign government or foreign central bank to receive assistance under the program, shall receive the concurrence of the Secretary of State with respect to the selection of such government or central bank and with respect to the cost of the assistance to such government or central bank;
(3)
shall consult with the heads of appropriate Executive agencies of the United States, including the Secretary of State and the Administrator of the United States Agency for International Development, and appropriate international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance;
(4)
shall ensure that the program is consistent with the International Affairs Strategic Plan and Mission Performance Plan of the United States Agency for International Development;
(5)
shall establish and carry out a plan to evaluate the program.
(d)

Administrative Authorities.—
In carrying out the program established under subsection (a), the Secretary shall have the following administrative authorities:
(1)
The Secretary may provide allowances and benefits under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) to any officer or employee of any agency of the United States Government performing functions under this section outside the United States.
(2)
(A)
The Secretary may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out this section, including any advance to the United States Government by any country or international organization for the procurement of commodities, supplies, or services.
(B)
Such funds shall be available for obligation and expenditure for the purposes for which such funds were authorized, in accordance with authority granted in this section or under authority governing the activities of the agency of the United States Government to which such funds are allocated or transferred.
(3)
Appropriations for the purposes of or pursuant to this section, and allocations to any agency of the United States Government from other appropriations for functions directly related to the purposes of this section, shall be available for—
(A)
contracting with individuals for personal services abroad, except that such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Office of Personnel Management;
(B)
the purchase and hire of passenger motor vehicles, except that passenger motor vehicles may be purchased only—
(i)
for use in foreign countries; and
(ii)
if the Secretary or the Secretary's designee has determined that the vehicle is necessary to accomplish the mission;
(C)
the purchase of insurance for official motor vehicles acquired for use in foreign countries;
(D)
(i)
the rent or lease outside the United States, not to exceed 5 years, of offices, buildings, grounds, and quarters, including living quarters to house personnel, consistent with the relevant interagency housing board policy, and payments therefor in advance;
(ii)
maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government outside the United States; and
(iii)
costs of insurance, fuel, water, and utilities for such properties;
(E)
expenses of preparing and transporting to their former homes or places of burial the remains of foreign participants or members of the family of foreign participants, who may die while such participants are away from their homes participating in activities carried out with funds covered by this section;
(F)
notwithstanding any other provision of law, transportation and payment of per diem in lieu of subsistence to foreign participants engaged in activities of the program under this section while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations;
(G)
expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stop-overs while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more economical to authorize storage; and
(H)
grants to, and cooperative agreements and contracts with, any individual, corporation, or other body of persons, nonprofit organization, friendly government or government agency, whether within or without the United States, and international organizations, as the Secretary determines is appropriate to carry out the purposes of this section.
(4)
Whenever the Secretary determines it to be consistent with the purposes of this section, the Secretary is authorized to furnish services and commodities on an advance-of-funds basis to any friendly country or international organization that is not otherwise prohibited from receiving assistance under this Act. Such advances may be credited to the currently applicable appropriation, account, or fund of the Department of the Treasury and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.
(e)

Issuance of Regulations.—
The Secretary is authorized to issue such regulations with respect to personal service contractors as the Secretary deems necessary to carry out this section.
(f)

Rule of Construction.—
Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
(g)

Termination of Assistance.—
The Secretary shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) if the Secretary, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner.
(h)

Report.—
(1)

In general.—
Not later than 3 months after the date of the enactment of this section, and every 6 months thereafter, the Secretary shall prepare and submit to the appropriate congressional committees a report on the conduct of the program established under this section during the preceding 6-month period.
(2)

Definition.—
In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(i)

Definitions.—
In this section:
(1)

Developing or transitional country.—
The term “developing or transitional country” means a country eligible to receive development assistance under this chapter.
(2)

International financial institution.—
The term “international financial institution” means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa.
(3)

Secretary.—
The term “Secretary” means the Secretary of the Treasury.
(4)

Technical assistance.—
The term “technical assistance” includes—
(A)
the use of short-term and long-term expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1);
(B)
training in the recipient country, the United States, or elsewhere for the purposes described in subsection (b)(1);
(C)
grants of goods, services, or funds to foreign governments and foreign central banks;
(D)
grants to United States nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and
(E)
study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such officials.
(5)

Foreign participant.—
The term “foreign participant” means the national of a developing or transitional country that is receiving assistance under the program established under subsection (a) who has been designated to participate in activities under such program.
(j)

Authorization of Appropriations.—
(1)

In general.—
There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999.
(2)

Availability of amounts.—
Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended.
SEC. 130.
[22 U.S.C. 2152]

ASSISTANCE FOR VICTIMS OF TORTURE.
(a)

In General.—
The President is authorized to pr
ovide 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), for the purpose of enabling such providers to provide the services described in paragraph (1).
[Section 131 repealed by section 8(a) of Public Law 108–484 (118 Stat. 3931).]
[Subsections (a) and (b) of section 5 of Public Law 108–484 (118 Stat. 3927) transfers section 132 to title VI of chapter 2 of Part I and redesignates such section as section 257.]
SEC. 133.
[22 U.S.C. 2152c]

PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a)

Establishment of Programs.—
(1)

In general.—
The President is authorized to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries described in paragraph (2).
(2)

Countries described.—
A country described in this paragraph is a country that is eligible to receive assistance under this part (including chapter 4 of part II of this Act) or the Support for East European Democracy (SEED) Act of 1989.
(3)

Priority.—
In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria.
(4)

Relation to other laws.—
(A)

In general.—
Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sentence may not be provided directly to the government of the country.
(B)

Exception.—
Subparagraph (A) does not apply with respect to—
(i)
section 620A of this Act or any comparable provision of law prohibiting assistance to countries that support international terrorism; or
(ii)
section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.
(b)

Specific Projects and Activities.—
The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that—
(1)
support responsible independent media to promote oversight of public and private institutions;
(2)
implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems;
(3)
support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies;
(4)
promote responsive, transparent, and accountable legislatures and local governments that ensure legislative and local oversight and whistle-blower protection;
(5)
promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption;
(6)
assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights;
(7)
promote free and fair national, state, and local elections;
(8)
foster public participation in the legislative process and public access to government information; and
(9)
engage civil society in the fight against corruption.
(c)

Conduct of Projects and Activities.—
Projects and activities under the programs established pursuant to subsection (a) may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and competitive statutory and administrative codes), drafting of anti-corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities.
[(d)
Repealed.]
(e)

Funding.—
Amounts made available to carry out the other provisions of this part (including chapter 4 of part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 shall be made available to carry out this section.
SEC. 134.
[22 U.S.C. 2152d]

ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a)

Authorization.—
The President is authorized to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to meet the minimum standards for the elimination of trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000), including—
(1)
the drafting of laws to prohibit and punish acts of trafficking;
(2)
the investigation and prosecution of traffickers, including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation;
(3)
the creation and maintenance of facilities, programs, projects, and activities for the protection of victims; and
(4)
the expansion of exchange programs and international visitor programs for governmental and nongovernmental personnel to combat trafficking.
(b)

Funding.—
Amounts made available to carry out the other provisions of this part (including chapter 4 of part II of this Act) and the Support for East European Democracy (SEED) Act of 1989 shall be made available to carry out this section. Assistance may be provided under this section notwithstanding section 660 of this Act.
SEC. 135.
[22 U.S.C. 2152f]

ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.
(a)

Findings.—
Congress finds the following:
(1)
There are more than 143,000,000 orphans living sub-Saharan Africa, Asia, Latin America, and the Caribbean. Of this number, approximately 16,200,000 children have lost both parents.
(2)
The HIV/AIDS pandemic has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. The pandemic is deepening poverty in entire communities, and is jeopardizing the health, safety, and survival of all children in affected countries. It is estimated that 14,000,000 children have lost one or both parents to AIDS.
(3)
The orphans crisis in sub-Saharan Africa has implications for human welfare, development, and political stability that extend far beyond the region, affecting governments and people worldwide.
(4)
Extended families and local communities are struggling to meet the basic needs of orphans and vulnerable children by providing food, health care including treatment of children living with HIV/AIDS, education expenses, and clothing.
(5)
Famines, natural disasters, chronic poverty, ongoing conflicts, and civil wars in developing countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humanitarian assistance or other support from the United States.
(6)
The United States Government administers various assistance programs for orphans and other vulnerable children in developing countries. In order to improve targeting and programming of resources, the United States Agency for International Development should develop methods to adequately track the overall number of orphans and other vulnerable children receiving assistance, the kinds of programs for such children by sector and location, and any other such related data and analysis.
(7)
The United States Agency for International Development should improve its capabilities to deliver assistance to orphans and other vulnerable children in developing countries through partnerships with private volunteer organizations, including community and faith-based organizations.
(8)
The United States Agency for International Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries.
(9)
Providing assistance to such children is an important expression of the humanitarian concern and tradition of the people of the United States.
(b)

Definitions.—
In this section:
(1)

Aids.—
The term “AIDS” has the meaning given the term in section 104A(g)(1) of this Act.
(2)

Children.—
The term “children” means persons who have not attained 18 years of age.
(3)

Hiv/aids.—
The term “HIV/AIDS” has the meaning given the term in section 104A(g)(3) of this Act.
(4)

Orphan.—
The term “orphan” means a child deprived by death of one or both parents.
(5)

Psychosocial support.—
The term “psychosocial support” includes care that addresses the ongoing psychological and social problems that affect individuals, their partners, families, and caregivers in order to alleviate suffering, strengthen social ties and integration, provide emotional support, and promote coping strategies.
(c)

Assistance.—
The President is authorized to provide assistance, including providing such assistance through international or nongovernmental organizations, for programs in developing countries to provide basic care and services for orphans and other vulnerable children. Such programs should provide assistance—
(1)
to support families and communities to mobilize their own resources through the establishment of community-based organizations to provide basic care for orphans and other vulnerable children;
(2)
for school food programs, including the purchase of local or regional foodstuffs where appropriate;
(3)
to increase primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure;
(4)
to provide employment training and related services for orphans and other vulnerable children who are of legal working age;
(5)
to protect and promote the inheritance rights of orphans, other vulnerable children, and widows;
(6)
to provide culturally appropriate psychosocial support to orphans and other vulnerable children; and
(7)
to treat orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies.
(d)

Monitoring and Evaluation.—
(1)

Establishment.—
To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the strategy required in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to orphans and other vulnerable children.
(2)

Requirements.—
The monitoring and evaluation system shall—
(A)
establish performance goals for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible;
(B)
establish performance indicators to be used in measuring or assessing the achievement of the performance goals described in subparagraph (A); and
(C)
provide a basis for recommendations for adjustments to the assistance to enhance the impact of assistance.
(e)

Special Advisor for Assistance to Orphans and Vulnerable Children.—
(1)

Appointment.—
(A)

In general.—
The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall appoint a Special Advisor for Assistance to Orphans and Vulnerable Children.
(B)

Delegation.—
At the discretion of the Secretary of State, the authority to appoint a Special Advisor under subparagraph (A) may be delegated by the Secretary of State to the Administrator of the United States Agency for International Development.
(2)

Duties.—
The duties of the Special Advisor for Assistance to Orphans and Vulnerable Children shall include the following:
(A)
Coordinate assistance to orphans and other vulnerable children among the relevant Federal agencies and officials.
(B)
Advise the relevant Federal branch agencies and officials to ensure that programs approved for assistance under this section are consistent with best practices, meet the requirements of this Act, and conform to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(C)
Advise the various offices, bureaus, and field missions within the United States Agency for International Development in developing any component of their annual plan, as it relates to assistance for orphans or other vulnerable children in developing countries, to ensure that each program, project, or activity relating to such assistance is consistent with best practices, meets the requirements of this Act, and conforms to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(D)
Coordinate all United States assistance to orphans and other vulnerable children among United States departments and agencies, including the provision of assistance relating to HIV/AIDS authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25), and the amendments made by such Act (including section 102 of such Act, and the amendments made by such section, relating to the coordination of HIV/AIDS programs).
(E)
Establish priorities that promote the delivery of assistance to the most vulnerable populations of orphans and children, particularly in those countries with a high rate of HIV infection among women.
(F)
Disseminate a collection of best practices to field missions of the United States Agency for International Development to guide the development and implementation of programs to assist orphans and vulnerable children.
(G)
Administer the monitoring and evaluation system established in subsection (d).
(H)
Prepare the annual report required by section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(f)

Authorization of Appropriations.—
(1)

In general.—
There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2006 and 2007.
(2)

Availability of funds.—
Amounts made available under paragraph (1) are authorized to remain available until expended.
SEC. 136.
[22 U.S.C. 2152h]

ASSISTANCE TO PROVIDE SAFE WATER, SANITATION, AND HYGIENE.
(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), the President is authorized to furnish assistance for programs in developing countries to provide affordable and equitable access to safe water , sanitation, and hygiene.
(c)

Activities Supported.—
Assistance provided under subsection (b) shall, to the maximum extent practicable, be used to—
(1)
expand affordable and equitable access to safe water and sanitation for underserved populations;
(2)
support the design, construction, maintenance, upkeep, repair, and operation of water delivery and sanitation systems;
(3)
improve the safety and reliability of water supplies, including environmental management; and
(4)
improve the capacity of recipient governments and local communities, including capacity-building programs for improved water resource management.
(d)

Local Currency.—
The President may use payments made in local currencies under an agreement made under title I of the Food for Peace Act (7 U.S.C. 1701 et seq.) to provide assistance under this section.
(e)

Coordination and Oversight.—
(1)

USAID global water coordinator.—
(A)

Designation.—
The Administrator of the United States Agency for International Development (referred to in this paragraph as “USAID”) or the Administrator’s designee, who shall be a current USAID employee serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher, shall serve concurrently as the USAID Global Water Coordinator (referred to in this subsection as the “Coordinator”).
(B)

Specific duties.—
The Coordinator shall—
(i)
provide direction and guidance to, coordinate, and oversee the projects and programs of USAID authorized under this section;
(ii)
lead the implementation and revision, not less frequently than once every 5 years, of USAID’s portion of the Global Water Strategy required under subsection (j);
(iii)
seek—
(I)
to expand the capacity of USAID, subject to the availability of appropriations, including through the designation of a lead subject matter expert selected from among USAID staff in each high priority country designated pursuant to subsection (h);
(II)
to implement such programs and activities;
(III)
to take advantage of economies of scale; and
(IV)
to conduct more efficient and effective projects and programs;
(iv)
coordinate with the Department of State and USAID staff in each high priority country designated pursuant to subsection (h) to ensure that USAID activities and projects, USAID program planning and budgeting documents, and USAID country development strategies reflect and seek to implement—
(I)
the safe water, sanitation, and hygiene objectives established in the strategy required under subsection (j), including objectives relating to the management of water resources; and
(II)
international best practices relating to—
- (aa)
increasing access to safe water and sanitation;
- (bb)
conducting hygiene-related activities; and
- (cc)
ensuring appropriate management of water resources; and
(v)
develop appropriate benchmarks, measurable goals, performance metrics, and monitoring and evaluation plans for USAID projects and programs authorized under this section.
(2)

Department of state special coordinator for water resources.—
(A)

Designation.—
The Secretary of State or the Secretary’s designee, who shall be a current employee of the Department of State serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Secretary or higher, shall serve concurrently as the Department of State Special Advisor for Water Resources (referred to in this paragraph as the “Special Advisor”).
(B)

Specific duties.—
The Special Advisor shall—
(i)
provide direction and guidance to, coordinate, and oversee the projects and programs of the Department of State authorized under this section;
(ii)
lead the implementation and revision, not less than every 5 years, of the Department of State’s portion of the Global Water Strategy required under subsection (j);
(iii)
prioritize and coordinate the Department of State’s international engagement on the allocation, distribution, and access to global fresh water resources and policies related to such matters;
(iv)
coordinate with United States Agency for International Development and Department of State staff in each high priority country designated pursuant to subsection (h) to ensure that United States diplomatic efforts related to safe water, sanitation, and hygiene, including efforts related to management of water resources and watersheds and the resolution of intra- and trans-boundary conflicts over water resources, are consistent with United States national interests; and
(v)
represent the views of the United States Government on the allocation, distribution, and access to global fresh water resources and policies related to such matters in key international fora, including key diplomatic, development-related, and scientific organizations.
(3)

Additional nature of duties and restriction on additional or supplemental compensation.—
The responsibilities and specific duties of the Administrator of the United States Agency for International Development (or the Administrator’s designee) and the Secretary of State (or the Secretary’s designee) under paragraph (2) or (3), respectively, shall be in addition to any other responsibilities or specific duties assigned to such individuals. Such individuals shall receive no additional or supplemental compensation as a result of carrying out such responsibilities and specific duties under such paragraphs.
(f)

Priorities and Criteria for Maximum Impact and Long-Term Sustainability.—
The Administrator of the United States Agency for International Development shall ensure that the Agency for International Development’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability by—
(1)
prioritizing countries on the basis of the following clearly defined criteria and indicators, to the extent sufficient empirical data are available—
(A)
the proportion of the population using an unimproved drinking water source;
(B)
the total population using an unimproved drinking water source;
(C)
the proportion of the population without piped water access;
(D)
the proportion of the population using shared or other unimproved sanitation facilities;
(E)
the total population using shared or other unimproved sanitation facilities;
(F)
the proportion of the population practicing open defecation;
(G)
the total number of children younger than 5 years of age who died from diarrheal disease;
(H)
the proportion of all deaths of children younger than 5 years of age resulting from diarrheal disease;
(I)
the national government’s capacity, capability, and commitment to work with the United States to improve access to safe water, sanitation, and hygiene, including—
(i)
the government’s capacity and commitment to developing the indigenous capacity to provide safe water and sanitation without the assistance of outside donors; and
(ii)
the degree to which such government—
(I)
identifies such efforts as a priority; and
(II)
allocates resources to such efforts;
(J)
the availability of opportunities to leverage existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources; and
(K)
the likelihood of making significant improvements on a per capita basis on the health and educational opportunities available to women as a result of increased access to safe water, sanitation, and hygiene, including access to appropriate facilities at primary and secondary educational institutions seeking to ensure that communities benefitting from such projects and activities develop the indigenous capacity to provide safe water and sanitation without the assistance of outside donors;
(2)
prioritizing and measuring, including through rigorous monitoring and evaluating mechanisms, the extent to which such project or program—
(A)
furthers significant improvements in—
(i)
the criteria set forth in subparagraphs (A) through (H) of paragraph (1);
(ii)
the health and educational opportunities available to women as a result of increased access to safe water, sanitation, and hygiene, including access to appropriate facilities at primary and secondary educational institutions; and
(iii)
the indigenous capacity of the host nation or community to provide safe water and sanitation without the assistance of outside donors;
(B)
is designed, as part of the provision of safe water and sanitation to the local community—
(i)
to be financially independent over the long term, focusing on local ownership and sustainability;
(ii)
to be undertaken in conjunction with relevant public institutions or private enterprises;
(iii)
to identify and empower local individuals or institutions to be responsible for the effective management and maintenance of such project or program; and
(iv)
to provide safe water or expertise or capacity building to those identified parties or institutions for the purposes of developing a plan and clear responsibilities for the effective management and maintenance of such project or program;
(C)
leverages existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources;
(D)
avoids duplication of efforts with other United States Government agencies or departments or those of other nations or nongovernmental organizations;
(E)
coordinates such efforts with the efforts of other United States Government agencies or departments or those of other nations or nongovernmental organizations directed at assisting refugees and other displaced individuals; and
(F)
involves consultation with appropriate stakeholders, including communities directly affected by the lack of access to clean water, sanitation or hygiene, and other appropriate nongovernmental organizations; and
(3)
seeking to further the strategy required under subsection (j) after 2018.
(g)

Use of Current and Improved Empirical Data Collection and Review of New Standardized Indicators.—
(1)

In general.—
The Administrator of the United States Agency for International Development is authorized to use current and improved empirical data collection—
(A)
to meet the health-based prioritization criteria established pursuant to subsection (f)(1); and
(B)
to review new standardized indicators in evaluating progress towards meeting such criteria.
(2)

Consultation and notice.—
The Administrator shall—
(A)
regularly consult with the appropriate congressional committees; and
(B)
notify such committees not later than 30 days before using current or improved empirical data collection for the review of any new standardized indicators under paragraph (1) for the purposes of carrying out this section.
(h)

Designation of High Priority Countries.—
(1)

Initial designation.—
Not later than October 1, 2015, the President shall—
(A)
designate, on the basis of the criteria set forth in subsection (f)(1) not fewer than 10 countries as high priority countries to be the primary recipients of United States Government assistance authorized under this section during fiscal year 2016; and
(B)
notify the appropriate congressional committees of such designations.
(2)

Annual designations.—
(A)

In general.—
Except as provided in subparagraph (B), the President shall annually make new designations pursuant to the criteria set forth in paragraph (1).
(B)

Designations after fiscal year 2018.—
Beginning with fiscal year 2019, designations under paragraph (1) shall be made—
(i)
based upon the criteria set forth in subsection (f)(1); and
(ii)
in furtherance of the strategy required under subsection (j).
(i)

Targeting of Projects and Programs to Areas of Greatest Need.—
(1)

In general.—
Not later than 15 days before the obligation of any funds for water, sanitation, or hygiene projects or programs pursuant to this section in countries that are not ranked in the top 50 countries based upon the WASH Needs Index, the Administrator of the United States Agency for International Development shall notify the appropriate congressional committees of the planned obligation of such funds.
(2)

Defined term.—
In this subsection and in subsection (j), the term “WASH Needs Index” means the needs index for water, sanitation, or hygiene projects or programs authorized under this section that has been developed using the criteria and indicators described in subparagraphs (A) through (H) of subsection (f)(1).
(j)

Global Water Strategy.—
(1)

In general.—
Not later than October 1, 2017, October 1, 2022, and October 1, 2027, the President, acting through the Secretary of State, the Administrator of the United States Agency for International Development, and the heads of other Federal departments and agencies, as appropriate, shall submit a single government-wide Global Water Strategy to the appropriate congressional committees that provides a detailed description of how the United States intends—
(A)
to increase access to safe water, sanitation, and hygiene in high priority countries designated pursuant to subsection (h), including a summary of the WASH Needs Index and the specific weighting of empirical data and other definitions used to develop and rank countries on the WASH Needs Index;
(B)
to improve the management of water resources and watersheds in such countries; and
(C)
to work to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water resources in such countries.
(2)

Agency-specific plans.—
The Global Water Strategy shall include an agency-specific plan—
(A)
from the United States Agency for International Development that describes specifically how the Agency for International Development will—
(i)
carry out the duties and responsibilities assigned to the Global Water Coordinator under subsection (e)(1);
(ii)
ensure that the Agency for International Development’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability, including by implementing the requirements described in subsection (f); and
(iii)
increase access to safe water, sanitation, and hygiene in high priority countries designated pursuant to subsection (h);
(B)
from the Department of State that describes specifically how the Department of State will—
(i)
carry out the duties and responsibilities assigned to the Special Coordinator for Water Resources under subsection (e)(2); and
(ii)
ensure that the Department’s activities authorized under this section are designed—
(I)
to improve management of water resources and watersheds in countries designated pursuant to subsection (h); and
(II)
to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water resources in such countries; and
(C)
from other Federal departments and agencies, as appropriate, that describes the contributions of the departments and agencies to implementing the Global Water Strategy.
(3)

Individualized plans for high priority countries.—
For each high priority country designated pursuant to subsection (h), the Administrator of the United States Agency for International Development shall—
(A)
develop a costed, evidence-based, and results-oriented plan that—
(i)
seeks to achieve the purposes of this section; and
(ii)
meets the requirements under subsection (f); and
(B)
include such plan in an appendix to the Global Water Strategy required under paragraph (1).
(4)

First time access reporting requirement.—
The Global Water Strategy shall specifically describe the target percentage of funding for each fiscal year covered by such strategy to be directed toward projects aimed at providing first-time access to safe water and sanitation.
(5)

Performance indicators.—
The Global Water Strategy shall include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans required to be developed by the Administrator of the United States Agency for International Development pursuant to subsection (e)(1)(B)(v).
(6)

Consultation and best practices.—
The Global Water Strategy shall—
(A)
be developed in consultation with the heads of other appropriate Federal departments and agencies; and
(B)
incorporate best practices from the international development community.
(k)

Definitions.—
In this section—
(1)
the term “appropriate congressional committees” means—
(A)
the Committee on Foreign Relations of the Senate;
(B)
the Committee on Appropriations of the Senate;
(C)
the Committee on Foreign Affairs of the House of Representatives; and
(D)
the Committee on Appropriations of the House of Representatives; and
(2)
the term “long-term sustainability” refers to the ability of a service delivery system, community, partner, or beneficiary to maintain, over time, any water, sanitation, or hygiene project that receives funding pursuant to the amendments made by the Tropical Forest and Coral Reef Conservation Act of 1998.
SEC. 137.
[22 U.S.C. 2152k]

ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
(a)

Definitions.—
In this section:
(1)

Appropriate congressional committees.—
The term “appropriate congressional committees” means—
(A)
the Committee on Appropriations of the Senate;
(B)
the Committee on Foreign Relations of the Senate;
(C)
the Committee on Appropriations of the House of Representatives; and
(D)
the Committee on Foreign Affairs of the House of Representatives.
(2)

Early childhood development.—
The term “early childhood development” means the development and learning of a child younger than 8 years of age, including physical, cognitive, social, and emotional development and approaches to learning that allow a child to reach his or her full developmental potential.
(3)

Early childhood development program.—
The term “early childhood development program” means a program that seeks to ensure that every child has the conditions for healthy growth, nurturing family-based care, development and learning, and protection from violence, exploitation, abuse, and neglect, which may include—
(A)
a health, safe water, sanitation, and hygiene program that serves pregnant women, children younger than 5 years of age, and the parents of such children;
(B)
a nutrition program, combined with stimulating child development activity;
(C)
age appropriate cognitive stimulation, especially for newborns, infants, and toddlers, including an early childhood intervention program for children experiencing at-risk situations, developmental delays, disabilities, and behavioral and mental health conditions;
(D)
an early learning (36 months and younger), preschool, and basic education program for children until they reach 8 years of age or complete primary school; or
(E)
a child protection program, with an emphasis on the promotion of permanent, safe, and nurturing families, rather than placement in residential care or institutions, including for children with disabilities.
(4)

Relevant federal departments and agencies.—
The term “relevant Federal departments and agencies” means—
(A)
the Department of State;
(B)
the United States Agency for International Development;
(C)
the Department of the Treasury;
(D)
the Department of Labor;
(E)
the Department of Education;
(F)
the Department of Agriculture;
(G)
the Department of Defense;
(H)
the Department of Health and Human Services, including—
(i)
the Centers for Disease Control and Prevention; and
(ii)
the National Institutes of Health;
(I)
the Millennium Challenge Corporation;
(J)
the Peace Corps; and
(K)
any other department or agency specified by the President for the purposes of this section.
(5)

Residential care.—
The term “residential care” means care provided in any non-family-based group setting, including orphanages, transit or interim care centers, children’s homes, children’s villages or cottage complexes, group homes, and boarding schools used primarily for care purposes as an alternative to a children’s home.
(b)

Statement of Policy.—
It is the policy of the United States—
(1)
to support early childhood development in relevant foreign assistance programs, including by integrating evidence-based, efficient, and effective interventions into relevant strategies and programs, in coordination with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners, and civil society, including faith-based and community-based organizations; and
(2)
to encourage partner countries to lead early childhood development initiatives that include incentives for building local capacity for continued implementation and measurable results, by—
(A)
scaling up the most effective, evidence-based, national interventions, including for the most vulnerable populations and children with disabilities and developmental delays, with a focus on adaptation to country resources, cultures, and languages;
(B)
designing, implementing, monitoring, and evaluating programs in a manner that enhances their quality, transparency, equity, accountability, efficiency and effectiveness in improving child and family outcomes in partner countries; and
(C)
utilizing and expanding innovative public-private financing mechanisms.
(c)

Implementation.—
(1)

In general.—
Not later than 1 year after the date of the enactment of this section, the Administrator of the United States Agency for International Development on behalf of the President and in coordination with the Secretary of State, shall direct relevant Federal departments and agencies—
(A)
to incorporate, to the extent practical and relevant, early childhood development into foreign assistance programs to be carried out during the following 5 fiscal years; and
(B)
to promote inclusive early childhood development in partner countries.
(2)

Elements.—
In carrying out paragraph (1), the Administrator, the Secretary, and the heads of other relevant Federal departments and agencies as appropriate shall—
(A)
build on the evidence and priorities outlined in “Advancing Protection and Care for Children in Adversity: A U.S. Government Strategy for International Assistance 2019–2023”, published in June 2019 (referred to in this section as “APCCA”);
(B)
to the extent practicable, identify evidence-based strategic priorities, indicators, outcomes, and targets, particularly emphasizing the most vulnerable populations and children with disabilities and developmental delays, to support inclusive early childhood development;
(C)
support the design, implementation, and evaluation of pilot projects in partner countries, with the goal of taking such projects to scale;
(D)
support inclusive early childhood development within all relevant sector strategies and public laws, including—
(i)
the Global Water Strategy required under section 136(j);
(ii)
the whole-of-government strategy required under section 5 of the Global Food Security Act of 2016 (22 U.S.C. 9304 note);
(iii)
the Basic Education Strategy set forth in section 105(c);
(iv)
the U.S. Government Global Nutrition Coordination Plan, 2016–2021; and
(v)
APCCA; and others as appropriate;
(E)
improve coordination with foreign governments and international and regional organizations with respect to official country policies and plans to improve early childhood development, maternal, newborn, and child health and nutrition care, basic education, water, sanitation and hygiene, and child protection plans which promote nurturing, appropriate, protective, and permanent family care, while reducing the percentage of children living outside of family care, including in residential care or on the street; and
(F)
consult with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners and faith-based and community-based organizations, as appropriate.
(d)

Annual Report on the Implementation of the Strategy.—
The Special Advisor for Children in Adversity shall include, in the annual report required under section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C. 2152g), which shall be submitted to the appropriate congressional committees and made publicly available, a description of—
(1)
the progress made toward integrating early childhood development interventions into relevant strategies and programs;
(2)
the efforts made by relevant Federal departments and agencies to implement subsection (c), with a particular focus on the activities described in such subsection; and
(3)
the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, and timeframes described in subsection (c) at the program level, along with specific challenges or gaps that may require shifts in targeting or financing in the following fiscal year.
(e)

Interagency Task Force.—
The Special Advisor for Assistance to Orphans and Vulnerable Children should establish and regularly convene an Interagency Working Group on Children in Adversity which, among other things, will coordinate—
(1)
intergovernmental and interagency monitoring, evaluation, and reporting of the activities carried out pursuant to this section;
(2)
early childhood development initiatives that include children with a variety of needs and circumstances; and
(3)
United States Government early childhood development programs, strategies, and partnerships across relevant Federal departments and agencies.
chapter 2—

Other Programs
Sec. 201.

General Authority.—
* * *
[Repealed—1978]
Sec. 202.

Authorization.—
* * *
[Repealed—1978]
Sec. 203.

Fiscal Provisions.—
* * *
[Repealed—1978]
Sec. 204.

Development Loan Committee.—
* * *
[Repealed—1978]
Sec. 205.

Relating to Transfers to International Financial Institutions.—
* * *
[Repealed—1972]
TITLE i—

multilateral and regional development programs
Sec. 206.
[22 U.S.C. 2166]

Regional Development in Africa.—
The President is requested to seek and to take appropriate action, in cooperation and consultation with African and other interested nations and with international development organizations, to further and assist in the advancement of African regional development institutions, including the African Development Bank, with the view toward promoting African economic development.
Sec. 207.

Purposes of Development Assistance.—
* * *
[Repealed—1978]
Sec. 208.

Self-Help Criteria.—
* * *
[Repealed—1978]
Sec. 209.
[22 U.S.C. 2169]

Multilateral and Regional Programs.—
(a)
The Congress recognizes that the planning and administration of development assistance by, or under the sponsorship of the United Nations, multilateral lending institutions, and other multilateral organizations may contribute to the efficiency and effectiveness of that assistance through participation of other donors in the development effort, improved coordination of policies and programs, pooling of knowledge, avoidance of duplication of facilities and manpower, and greater encouragement of self-help performance.
(b)
It is further the sense of the Congress (1) that where problems or opportunities are common to two or more countries in a region, in such fields as agriculture, education, transportation, communications, power, watershed development, disease control, and establishment of development banks, these countries often can more effectively resolve such problems and exploit such opportunities by joining together in regional organizations or working together on regional programs, (2) that assistance often can be utilized more efficiently in regional programs than in separate country programs, and (3) that to the maximum extent practicable consistent with the purposes of this Act assistance under this Act should be furnished so as to encourage less developed countries to cooperate with each other in regional development programs.
(c)
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.
Sec. 211.

General Authority.—
* * *
[Repealed—1978]
Sec. 212.

Authorization.—
* * *
[Repealed—1978]
Sec. 213.

Atoms for Peace.—
* * *
[Repealed—1962]
TITLE ii—

american schools and hospitals abroad; prototype desalting plant
Sec. 214.
[22 U.S.C. 2174]

American Schools and Hospitals Abroad.—
(a)
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)
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)
(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)
Notwithstanding the provisions of subsection (b), funds appropriated under this section may be used for assistance to centers for pediatric plastic and reconstructive surgery established by Children's Medical Relief International, except that assistance may not be furnished for the domestic operations of any such center located in the United States, its territories or possessions.
Sec. 215.

Loans to Small Farmers.—
* * *
[Repealed—1978]
Sec. 216.

Voluntary Agencies.—
* * *
[Repealed—1978]
Sec. 217.

Used Equipment.—
* * *
[Repealed—1978]
Sec. 218.

Fish and Other Protein Concentrates.—
* * *
[Repealed—1978]
Sec. 219.
[22 U.S.C. 2179]

Prototype Desalting Plant.—
(a)
In furtherance of purposes of this part and for the purpose of improving existing, and developing and advancing new technology and experience in the design, construction, and operation of large-scale desalting plants of advanced concepts which will contribute materially to low-cost desalination in all countries, including the United States, the President, if he determines it to be feasible, is authorized to participate in the development of a large-scale water treatment and desalting prototype plant and necessary appurtenances to be constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President deems appropriate to provide for the study, design, construction, and, for a limited demonstration period of not to exceed five years, operation and maintenance of the water treatment and desalting facilities of the dual-purpose project.
(b)
Any agreement entered into under subsection (a) of this section shall include such terms and conditions as the President deems appropriate to insure, among other things, that all information, products, uses, processes, patents, and other developments obtained or utilized in the development of this prototype plant will be available without further cost to the United States for the use and benefit of the United States throughout the world, and to insure that the United States, its officers and employees have a permanent right to review data and have access to such plant for the purpose of observing its operations and improving science and technology in the field of desalination.
(c)
In carrying out the provisions of this section, the President may enter into contracts with public or private agencies and with any person without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529 and 41 U.S.C. 5).
(d)
Nothing in this section shall be construed as intending to deprive the owner of any background patent or any right which such owner may have under that patent.
(e)
In carrying out the provisions of this section, the President may utilize the personnel, services, and facilities of any Federal agency.
(f)
The United States costs, other than its administrative costs, for the study, design, construction, and operation of a prototype plant under this section shall not exceed either 50 per centum of the total capital costs of the facilities associated with the production of water, and 50 per centum of the operation and maintenance costs for the demonstration period, or $20,000,000, whichever is less. There are authorized to be appropriated, subject to the limitations of this subsection, such sums as may be necessary to carry out the provisions of this section, including administrative costs thereof. Such sums are authorized to remain available until expended.
(g)
No funds appropriated for the Office of Saline Water pursuant to the appropriation authorized by the Act of July 11, 1969 (83 Stat. 45, Public Law 91–43), or prior authorization Acts, shall be used to carry out the purposes of this section.
Sec. 220.

Programs for Peaceful Communication.—
* * *
[Repealed—1978]
Sec. 220A.

Suez Canal.—
* * *
[Repealed—1978]
TITLE III—

HOUSING AND OTHER CREDIT GUARANTY PROGRAMS
Sec. 221.
[22 U.S.C. 2181]

Housing Guaranties.—
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.
Sec. 222.
[22 U.S.C. 2182]

Authorization.—
(a)
To carry out the policy of section 221, the President is authorized to issue guaranties to eligible investors (as defined in section 238(c)) assuring against losses incurred in connection with loans made for projects meeting the criteria set forth in section 221. The total principal amount of guaranties issued under this title or heretofore issued under prior housing guaranty authorities, which are outstanding at any one time, shall not exceed $2,558,000,000. 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)
Activities carried out under this section shall emphasize—
(1)
projects which provide improved home sites to poor families on which to build shelter, and related services;
(2)
projects comprised of expandable core shelter units on serviced sites;
(3)
slum upgrading projects designed to conserve and improve existing shelter;
(4)
shelter projects for low income people designed for demonstration or institution building purposes; and
(5)
community facilities and services in support of projects authorized under this section to improve the shelter occupied by the poor.
(c)
In issuing guaranties under this section with respect to projects in a country which require the use or conservation of energy, the President shall give consideration to the use of solar energy technologies, where such technologies are economically and technically feasible. Technologies which may be used include solar hot water systems, solar heating and cooling, passive solar heating, biomass conversion, photovoltaic and wind applications, and community-scale solar thermal applications.
(k)8
The total principal amount of guaranties issued under this section for each of the fiscal years 1986 and 1987 shall be comparable to the total principal amount of such guaranties issued for fiscal year 1984, subject to the dollar limitations on the issuance of guaranties under this section which are contained in subsection (a) and in appropriation Acts.
^8
Sec. 313(c) of the International Security and Development Cooperation Act of 1985 (Public Law 99–83; 99 Stat 190) added subsec. (k). This subsection should probably be labeled “(d)” instead of “(k)”.
Sec. 222A.
[22 U.S.C. 2182a]

Agricultural and Productive Credit and Self-Help Community Development Programs.—
(a)
It is the sense of the Congress that in order to stimulate the participation of the private sector in the economic development of less-developed countries, 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)
To carry out the purposes of subsection (a), the agency primarily responsible for administering part I is authorized to issue guaranties, on such terms and conditions as it shall determine, to private lending institutions, cooperatives, and private nonprofit development organizations 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)
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)
The Inter-American Foundation shall be consulted in developing criteria for making loans eligible for guaranty coverage in Latin America under this section.9
^9
The amendmend made by section 585(h)(3) of Public Law 106–113 repealing this subsection is as follows:
(j) Effective Dates.—The repeal made by subsection (c)(2) and the amendments made by subsection (h) shall take effect upon the date of transmittal to Congress of the certification described in subsection (d)(4).
Subsection (d)(4) reads as follows:
(4) Certification required.—Whenever the Director determines that the responsibilities described in paragraph (1) have been fully discharged, the Director shall so certify to the appropriate congressional committees.
(e)
Not to exceed $3,000,000 of the guaranty reserve established under section 223(b) shall be available to make such payments as may be necessary to discharge liabilities under guaranties issued under this section or any guaranties previously issued under section 240 of this Act.
(f)
Funds held by the Overseas Private Investment Corporation pursuant to section 236 may be available for meeting necessary administrative and operating expenses for carrying out the provisions of this section through June 30, 1976.
(g)
The Overseas Private Investment Corporation shall, upon enactment of this subsection, transfer to the agency primarily responsible for administering part I all obligations, assets, and related rights and responsibilities arising out of, or related to the predecessor program provided for in section 240 of this Act.
(h)
The authority of this section shall continue through September 30, 1988.
(i)
Notwithstanding the limitations in subsection (c) of this section, foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States may be utilized to carry out the purposes of this section, including the discharge of liabilities under this subsection. The authority conferred by this subsection shall be in addition to authority conferred by any other provision of law to implement guaranty programs utilizing excess local currency.
Sec. 223.
[22 U.S.C. 2183]

General Provisions.—
(a)
A fee shall be charged for each guaranty issued under section 222 or 222A in an amount to be determined by the President. In the event the fee to be charged for such type guaranty is reduced, fees to be paid under existing contracts for the same type of guaranty may be similarly reduced.
(b)
The amount of $50,000,000 of fees accumulated under prior investment guaranty provisions repealed by the Foreign Assistance Act of 1969, together with all fees collected in connection with guaranties issued under section 222 or under prior housing guaranty authorities, shall be available for meeting necessary administrative and operating expenses of carrying out the provisions of section 222 and administering housing guaranties heretofore authorized under this title and under prior housing guaranty provisions repealed by the Foreign Assistance Act of 1969 (including, but not limited to expenses pertaining to personnel, supplies, and printing), subject to such limitations as may be imposed in annual appropriation Acts; for meeting management and custodial costs incurred with respect to currencies or other assets acquired under guaranties made pursuant to section 222 or heretofore pursuant to this title 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 cost of arbitration) claims under such guaranties; and shall be available for expenditure in discharge of liabilities under such guaranties until such time as all such property has been disposed of and all such liabilities have been discharged or have expired, or until all such fees have been expended in accordance with the provisions of this subsection. Fees collected in connection with guaranties issued under section 222A shall likewise be available to meet similar expenses, costs, or liabilities incurred in connection with the programs authorized by that section. All of the foregoing fees referred to in this section together with earnings thereon and other income arising from guaranty operations under this title shall be held in a revolving fund account maintained in the Treasury of the United States. All funds in such account may be invested in obligations of the United States. Any interest or other receipts derived from such investments shall be credited to such account and may be used for the purposes cited in this section.
(c)
Any payments made to discharge liabilities under guaranties issued under this title or section 222 or heretofore under prior Latin American or other housing guaranty authorities repealed by the Foreign Assistance Act of 1969, shall be paid first out of fees referred to in subsection (b) (excluding amounts required for purposes other than the discharge of liabilities under guaranties) as long as such fees are available, and thereafter shall be paid out of funds, if any, realized from the sale of currencies or other assets acquired in connection with any payment made to discharge liabilities under such guaranties as long as funds are available, and finally out of funds hereafter made available pursuant to subsection (e).
(d)
All guaranties issued under section 222 or 222A or previously under section 240 of this Act or heretofore under this title 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)
(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 title.
(2)
(A)
In order to meet obligations incurred for the payment of claims pursuant to loan guaranties described in subsection (d), the Administrator of the agency primarily responsible for administering part I may, to the extent that reserves are not sufficient, borrow from time to time from the Treasury except that—
(i)
the Administrator may exercise the authority to borrow under this paragraph only to such extent or in such amounts as are provided in advance in appropriation Acts; and
(ii)
the amount borrowed under this paragraph which is outstanding at any one time may not exceed $100,000,000.
(B)
Any such borrowing shall bear interest at a rate determined by the Secretary of the Treasury, taking into account the current average market yield on outstanding marketable obligations of the United States of comparable maturities. The Secretary of the Treasury shall make loans under this paragraph and for such purpose may borrow on the credit of the United States in accordance with subchapter I of chapter 31 of title 31 of the United States Code.
(f)
In the case of any loan investment guaranteed under section 222, the agency primarily responsible for administering part I shall prescribe the maximum rate of interest allowable to the eligible investor, which maximum rate shall not exceed by more than 1 per centum the then current rate of interest applicable to housing mortgages insured by the Department of Housing and Urban Development. The maximum allowable rate of interest under this subsection shall be prescribed by the agency as of the date the project covered by the investment is officially authorized and, prior to the execution of the contract, the agency may amend such rate at its discretion, consistent with the provisions of subsection (f).
(g)
Housing guaranties committed, authorized, or outstanding heretofore under this title 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).
(h)
No payment may be made under any guaranty issued pursuant to this title for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(i)
* * *
[Repealed—1978]
(j)
Guaranties shall be issued under section 222 only for housing projects which are coordinated with and complementary to any development assistance being furnished under chapter 1 of this part 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 title, not less than 90 per centum shall be issued for housing suitable for families with income below the median income (below the median urban income for housing in urban areas) in the country in which the housing is located. The face value of guaranties issued with respect to housing in any country shall not exceed $25,000,000 in any fiscal year, and the average face value of guaranties issued in any fiscal year shall not exceed $15,000,000. Of the total amount of housing guaranties authorized to be issued under section 222 through September 30, 1982, not less than a face amount of $25,000,000 shall be issued for projects in Israel and not less than a face amount of $25,000,000 shall be issued for projects in Egypt.
Sec. 224.
[22 U.S.C. 2184]

Trade Credit Insurance Program for Central America.—
(a)
In order to enable the Export-Import Bank of the United States (hereafter in this section referred to as the “Bank”) to determine that there exists reasonable assurance of repayment as required under section 2(b)(1)(B) of the Export-Import Bank Act of 1945, the agency primarily responsible for administering part I of this Act (hereafter in this section referred to as the “Agency”) is authorized to provide guarantees to the Bank for liabilities to be incurred by the Bank in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 for financing for transactions involving the export of goods and services for the use of the private sector in Central American countries.
(b)
(1)
Guarantees provided by the Agency pursuant to the authority of subsection (a) shall be for short-term guarantees and insurance extended by the Bank which shall be repayable within a period not to exceed one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance. Guarantees or insurance extended by the Bank and guaranteed by the Agency pursuant to subsection (a) shall be provided by the Bank in accordance with criteria and procedures agreed to by the Agency and the Bank. Such agreement shall also provide for the establishment of a reserve fund by the Agency, with such funds made available to the reserve as the Agency deems necessary to discharge liabilities under guarantees provided by the Agency pursuant to subsection (a).
(2)
The administrator of such agency shall transmit a copy of such agreement to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(c)
The Agency shall not enter into any commitments to guarantee under subsection (a) after September 30, 1991.
(d)
Of the funds authorized to be appropriated for chapter 4 of part II of this Act, there are authorized to be made available such sums as may be deemed necessary by the Agency to discharge liabilities under guarantees entered into under subsection (a).
(e)
Commitments to guarantee under subsection (a) are authorized only to the extent and in the amounts provided in appropriations Acts, except that the aggregate amount of outstanding commitments under subsection (a) may not exceed $300,000,000 of contingent liability for loan principal during fiscal year 1986 and may not exceed $400,000,000 of contingent liability for loan principal during fiscal year 1987.
(f)
To the extent that any of the funds made available pursuant to subsection (d) are paid out for a claim arising out of liabilities guaranteed under subsection (a), amounts received after the date of such payment, with respect to such claim, shall be credited to the reserve fund referred to in subsection (b), shall be merged with the funds in such reserve, and shall be available for the purpose of payments by the Agency to the Bank for guarantees under subsection (a).
(g)
Beginning on a date six months after the date of enactment of this section, and at intervals of six months thereafter, the administrator of the agency primarily responsible for administering part I of this Act and the President of the Export-Import Bank of the United States shall prepare and transmit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report on the amount and extension of credits during the preceding six-month period.
(h)
The Export-Import Bank shall provide without reimbursement such administrative and technical assistance to the Agency as the Bank and the Agency deem appropriate to assist the Agency in carrying out this section.
SEC. 225.
[22 U.S.C. 2185]

TRADE CREDIT INSURANCE PROGRAM FOR POLAND.
(a)

General Authority.—
(1)

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

Liabilities which may be guaranteed.—
The liabilities that may be guaranteed under paragraph (1) are liabilities incurred by the Bank in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 for financing for transactions involving the export of goods and services for the use of the private sector in Poland.
(b)

Guarantees Available Only for Short-Term Guarantees and Insurance.—
Guarantees provided under subsection (a) shall be for short-term guarantees and insurance extended by the Bank which shall be repayable within a period not to exceed one year from the date of arrival at the port of importation of the goods and services covered by such guarantees or insurance.
(c)

Agreement on Criteria and Procedures.—
Guarantees or insurance extended by the Bank and guaranteed pursuant to subsection (a) shall be provided by the Bank in accordance with criteria and procedures agreed to by the Administrator and the Bank.
(d)

Reserve Fund.—
The agreement referred to in subsection (c) shall also provide for the establishment of a reserve fund by the administering agency, with such funds made available to the reserve as the Administrator deems necessary to discharge liabilities under guarantees provided under subsection (a).
(e)

Discharge of Liabilities.—
(1)

Funds which may be used.—
Such amounts of the funds made available to carry out chapter 4 of part II of this Act (relating to the economic support fund) as the President determines are necessary may be made available to discharge liabilities under guarantees entered into under subsection (a).
(2)

Crediting of subsequent payments.—
To the extent that any of the funds made available pursuant to paragraph (1) are paid out for a claim arising out of liabilities guaranteed under subsection (a), amounts received after the date of such payment, with respect to such claim, shall be credited to the reserve fund established pursuant to subsection (d), shall be merged with the funds in such reserve, and shall be available for the purpose of payments by the Administrator to the Bank for guarantees under subsection (a).
(f)

Appropriations Action Required.—
Commitments to guarantee under subsection (a) are authorized only to the extent and in the amounts provided in advance in appropriations Acts.
(g)

Limitation on Outstanding Commitments.—
The aggregate amount of outstanding commitments under subsection (a) may not exceed $200,000,000 of contingent liability for loan principal during any fiscal year.
(h)

Biannual Reports to Congress.—
Every 6 months, the Administrator and the President of the Bank shall prepare and transmit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report on the amount and extension of guarantees and insurance provided by the Bank and guaranteed under this section during the preceding 6-month period.
(i)

Administrative and Technical Assistance.—
The Bank shall provide, without reimbursement, such administrative and technical assistance to the administering agency as the Bank and the Administrator determine appropriate to assist the administering agency in carrying out this section.
(j)

Fees and Premiums.—
The Bank is authorized to charge fees and premiums, in connection with guarantees or insurance guaranteed by the administering agency under subsection (a), that are commensurate (in the judgment of the Bank) with the Bank's administrative costs and the risks covered by the agency's guarantees. Any amounts received by the Bank in excess of the estimated costs incurred by the Bank in administering such guarantees or insurance—
(1)
shall be credited to the reserve fund established pursuant to subsection (d),
(2)
shall be merged with the funds in such reserve, and
(3)
shall be available for the purpose of payments by the administering agency to the Bank for guarantees under subsection (a).
(k)

Restrictions Not Applicable.—
Prohibitions on the use of foreign assistance funds for assistance for Poland shall not apply with respect to the funds made available to carry out this section.
(l)

Expiration of Authority.—
The President may not enter into any commitments to guarantee under subsection (a) after September 30, 1992.
(m)

Definitions.—
For purposes of this section—
(1)
the term “administering agency” means the Agency for International Development;
(2)
the term “Administrator” means the Administrator of the Agency for International Development; and
(3)
the term “Bank” means the Export-Import Bank of the United States.
SEC. 226.
[22 U.S.C. 2186]

LOAN GUARANTEES TO ISRAEL PROGRAM.
(a)

In General.—
Subject to the terms and conditions of this section, during the period beginning October 1, 1992, and ending September 30, 1997, the President is authorized to issue guarantees against losses incurred in connection with loans to Israel made as a result of Israel's extraordinary humanitarian effort to resettle and absorb immigrants into Israel from the republics of the former Soviet Union, Ethiopia and other countries. In the event that less than the full amount authorized to be issued under subsection (b) of this section is issued in such period, the authority to issue the balance of such guarantees shall be available in the fiscal year ending on September 30, 1998.
(b)

Fiscal Year Levels.—
The President is authorized to issue guarantees in furtherance of the purposes of this section. Subject to subsection (d), 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), in fiscal years 1994 through 1997, up to $2,000,000,000 in each fiscal year may be issued on October 1 or thereafter.
(3)
If less than the full amount of guarantees authorized to be made available in a fiscal year pursuant to paragraphs (1) and (2) of this subsection is issued to Israel during that fiscal year, the authority to issue the balance of such guarantees shall extend to any subsequent fiscal year ending on or before September 30, 1998.
(4)
(A)
Not later than September 1 of each year during the period in which the President is authorized to issue loan guarantees under subsection (a), beginning in fiscal year 1993, the President shall notify the appropriate congressional committees in writing of his intentions regarding the exercise of that authority for the fiscal year beginning on October 1 of that year, including a statement of the total principal amount of guarantees, if any, that the President proposes to issue for that fiscal year.
(B)
For purposes of this paragraph, the term “appropriate congressional committees” means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs 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) shall be reduced by an amount equal to the amount extended or estimated to have been extended by the Government of Israel during the previous year for activities which the President determines are inconsistent with the objectives of this section or understandings reached between the United States Government and the Government of Israel regarding the implementation of the loan program. The President shall submit a report to Congress no later than September 30 of each fiscal year during the pendency of the program specifying the amount calculated under this subsection and that will be deducted from the amount of guarantees authorized to be issued in the next fiscal year.
(e)

Fees.—
(1)
Fees charged for the loan guarantee program under this section each year shall be an aggregate annual origination fee equal to the estimated subsidy cost of the guarantees issued under this section for that year, calculated by the Office of Management and Budget for the Federal Credit Reform Act of 1990. This shall also include an amount for the administrative expenses of the Agency for International Development in administering the program under this section. All such fees shall be paid by the Government of Israel to the Government of the United States. Funds made available for Israel under chapter 4 of Part II of the Foreign Assistance Act of 1961, as amended, may be utilized by the Government of Israel to pay such fees to the United States Government. No further appropriations of subsidy cost are needed for the loan guarantee authorized hereunder for fiscal year 1993 and the four succeeding fiscal years.
(2)
The origination fee shall be payable to the United States Government on a pro rata basis as each guarantee for each loan or increment is issued.
(f)

Authority To Suspend.—
Except as provided in subsections (l) and (m) of this section, the President shall determine the terms and conditions for issuing guarantees. If the President determines that these terms and conditions have been breached, the President may suspend or terminate the provision of all or part of the additional loan guarantees not yet issued under this section. Upon making such a determination to suspend or terminate the provision of loan guarantees, the President shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate his determination to do so, including the basis for such suspension or termination.
(g)

Procedures for Suspension or Termination.—
Any suspension or termination pursuant to subsection (f) shall be in accordance with the following procedures:
(1)
Upon making a determination to suspend or terminate the provision of loan guarantees, the President shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate his determination to do so, including the basis for such suspension or termination.
(2)
Such a suspension or termination shall cease to be effective if Congress enacts, within 30 days of submission, a joint resolution authorizing the assistance notwithstanding the suspension.
(3)
Any such joint resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(4)
For the purpose of expediting the consideration and enactment of joint resolutions under this subsection, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.
(5)
In the event that the President suspends the provision of additional loan guarantees under subsection (f) and Congress does not enact a joint resolution pursuant to this subsection, the provision of additional loan guarantees under the program established by this section may be resumed only if the President determines and so reports to Congress that the reasons for the suspension have been resolved or that the resumption is otherwise in the national interest.
(h)

Economic Context.—
The effective absorption of immigrants into Israel from the republics of the former Soviet Union and Ethiopia within the private sector requires large investment and economic restructuring to promote market efficiency and thereby contribute to productive employment and sustainable growth. Congress recognizes that the Government of Israel is developing an economic strategy designed to achieve these goals, and that the Government of Israel intends to adopt a comprehensive, multi-year economic strategy based on prudent macroeconomic policies and structural reforms. Congress also recognizes that these policies are being designed to reduce direct involvement of the government in the economic system and to promote private enterprise, important prerequisites for economic stability and sustainable growth.
(i)

Consultations.—
It is the sense of the Congress that, as agreed between the two Governments and in order to further the policies specified in subsection (h), Israel and the United States should continue to engage in consultations concerning economic and financial measures, including structural and other reforms, that Israel should undertake during the pendency of this program to enable its economy to absorb and resettle immigrants and to accommodate the increased debt burden that will result from loans guaranteed pursuant to this section. It is the sense of the Congress that these consultations on economic measures should address progress and plans in the areas of budget policies, privatization, trade liberalization, financial and capital markets, labor markets, competition policy, and deregulation.
(j)

Goods and Services.—
During the pendency of the loan program authorized under this section, it is anticipated that, in the context of the economic reforms undertaken pursuant to subsections (h) and (i) of this section, Israel's increased population due to its absorption of immigrants, and the liberalization by the Government of Israel of its trade policy with the United States, the amount of United States investment goods and services purchased for use in or with respect to the country of Israel will substantially increase.
(k)

Reports.—
The President shall report to Congress by December 31 of each fiscal year until December 31, 1999, regarding the implementation of this section.
(l)

Applicability of Foreign Assistance Act Authorities.—
Section 223 of the Foreign Assistance Act shall apply to guarantees issued under subsection (a) in the same manner as such section applies to guarantees issued under section 222, except that subsections (a), (e)(1), (g), and (j) of section 223 shall not apply to such guarantees and except that, to the extent section 223 is inconsistent with the Federal Credit Reform Act of 1990, that Act shall apply. Loans shall be guaranteed under this section without regard to sections 221, 222, and 238(c). Notwithstanding section 223(f), the interest rate for loans guaranteed under this section may include a reasonable fee to cover the costs and fees incurred by the borrower in connection with this program or financing under this section in the event the borrower elects not to finance such costs or fees out of loan principal. Guarantees once issued hereunder shall be unconditional and fully and freely transferable.
(m)

Terms and Conditions.—
(1)
Each loan guarantee issued under this section shall guarantee 100 percent of the principal and interest payable on such loans.
(2)
The standard terms of any loan or increment guaranteed under this section shall be 30 years with semiannual payments of interest only over the first 10 years, and with semiannual payments of principal and interest on a level payment basis, over the last 20 years thereof, except that the guaranteed loan or any increments issued in a single transaction may include obligations having different maturities, interest rates, and payment terms if the aggregate scheduled debt service for all obligations issued in a single transaction equals the debt service for a single loan or increment of like amount having the standard terms described in this sentence. The guarantor shall not have the right to accelerate any guaranteed loan or increment or to pay any amounts in respect of the guarantees issued other than in accordance with the original payment terms of the loan. For purposes of determining the maximum principal amount of any loan or increment to be guaranteed under this section, the principal amount of each such loan or increment shall be—
(A)
in the case of any loan issued on a discount basis, the original issue price (excluding any transaction costs) thereof; or
(B)
in the case of any loan issue on an interest-bearing basis, the stated principal amount thereof.
title IV—

Overseas Private Investment Corporation
Sec. 237.
[22 U.S.C. 2197]

General Provisions Relating to Insurance Guaranty, and Financing Program.—
(g)10
No payment may be made under any guaranty, insurance or reinsurance issued pursuant to this title for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
^{10}
Section 1464(2) of the BUILD Act of 2018 (division F of Public Law 115-254) provides for an amendment to repeal “title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.) (other than subsections (g), (l), (m), and (n) of section 237 of that Act)”.
(l)10
(1)
No payment may be made under any insurance or reinsurance which is issued under this title on or after the date of enactment of this subsection for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this title, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977.
(2)
Not later than 120 days after the date of enactment of this subsection, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this title.
(m)10
(1)
Before finally providing insurance, reinsurance, guarantees, or financing under this title for any environmentally sensitive investment in connection with a project in a country, the Corporation shall notify appropriate government officials of that country of—
(A)
all guidelines and other standards adopted by the International Bank for Reconstruction and Development and any other international organization relating to the public health or safety or the environment which are applicable to the project; and
(B)
to the maximum extent practicable, any restriction under any law of the United States relating to public health or safety or the environment that would apply to the project if the project were undertaken in the United States.
The notification under the preceding sentence shall include a summary of the guidelines, standards, and restrictions referred to in subparagraphs (A) and (B), and may include any environmental impact statement, assessment, review, or study prepared with respect to the investment pursuant to section 239(g).
(2)
Before finally providing insurance, reinsurance, guarantees, or financing for any investment subject to paragraph (1), the Corporation shall take into account any comments it receives on the project involved.
(3)
On or before September 30, 1986, the Corporation shall notify appropriate government officials of a country of the guidelines, standards, and legal restrictions described in paragraph (1) that apply to any project in that country—
(A)
which the Corporation identifies as potentially posing major hazards to public health and safety or the environment; and
(B)
for which the Corporation provided insurance, reinsurance, guarantees, or financing under this title before the date of enactment of this subsection and which is in the Corporation's portfolio on that date.
(n)10

Penalties for Fraud.—
Whoever knowingly makes any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way the action of the Corporation with respect to any insurance, reinsurance, guarantee, loan, equity investment, or other activity of the Corporation under section 234 or any change or extension of any such insurance, reinsurance, guarantee, loan, equity investment, or activity, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
title V—

Disadvantaged Children in Asia
Sec. 241.
[22 U.S.C. 2201]

Assistance to Certain Disadvantaged Children in Asia.—
(a)
The Congress recognizes the humanitarian needs of disadvantaged children in Asian countries where there has been or continues to be a heavy presence of United States military and related personnel in recent years. Moreover, the Congress finds that inadequate provision has been made for the care and welfare of such disadvantaged children, particularly those fathered by the United States citizens.
(b)
Accordingly, the President is authorized to expend up to $3,000,000 of funds made available under chapter 1 of this part, in addition to funds otherwise available for such purposes, to help meet the needs of these disadvantaged children in Asia by assisting in the expansion and improvement of orphanages, hostels, day care centers, school feeding programs, and health, education, and welfare programs. Assistance provided under this section shall be furnished under the auspices of and by international organizations or private voluntary agencies operating within, and in cooperation with, the countries of Asia where these disadvantaged children reside.
TITLE VI—

DEVELOPMENT ASSISTANCE FOR MICRO, SMALL, AND MEDIUM-SIZED ENTERPRISES
subtitle A—

Grant Assistance
SEC. 251.
[22 U.S.C. 2211]

FINDINGS AND POLICY.
Congress finds and declares the following:
(1)
Access to financial services and the development of micro, small, and medium-sized enterprises are vital factors in the stable growth of developing countries, in the development of free, open, and equitable international economic systems, and in the economic empowerment of the poor, especially women.
(2)
It is therefore in the best interest of the United States to facilitate access to financial services and assist the development of micro, small, and medium-sized enterprises in developing countries, particularly enterprises owned, managed, and controlled by women.
(3)
Access to financial services and the development of micro, small, and medium-sized enterprises 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, micro, small, and medium-sized enterprise programs should target both rural and urban poor.
(5)
Microenterprise programs have been successful and should continue and be expanded to empower vulnerable women in the developing world. The Agency should work to ensure that recipients of development assistance for micro, small, and medium-sized enterprises under this title communicate and work with nongovernmental organizations and government organizations to identify and assist victims of trafficking as provided for in section 106(a)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(a)(1); Public Law 106–386) and women who are victims of or susceptible to other forms of exploitation and violence.
(6)
Given that microenterprise programs have had some success in empowering disenfranchised groups such as women, development assistance for micro, small, and medium-sized enterprises 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.
SEC. 252.
[22 U.S.C. 2211a]

AUTHORIZATION; IMPLEMENTATION; TARGETED ASSISTANCE.
(a)

Authorization.—
The President is authorized to provide assistance on a non-reimbursable basis for programs in developing countries to increase the availability of credit, including the use of innovative credit scoring models, savings, financial technology, financial literacy, education, insurance, property rights, and other services to micro, small, and medium-sized enterprise 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 micro, small, and medium-sized enterprise clients, particularly clients owned, managed, and controlled by women;
(2)
assistance for the purpose of training, technical assistance, and business development services for micro, small, and medium-sized enterprises 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 financial intermediaries in order to enable them to better meet the credit, savings, and training needs of micro, small, and medium-sized enterprises;
(4)
policy, regulatory programs, and research at the country level that improve the environment for micro, small, and medium-sized enterprises, financial intermediaries, and capital markets that serve the poor and very poor, especially women;
(5)
assistance for the purpose of promoting the economic empowerment of women, including through increased access to financial resources and improving property rights, inheritance rights, and other legal protections; and
(6)
assistance for the purpose of scaling up evidence-based graduation approaches, which include targeting the very poor and households in ultra-poverty, consumption support, promotion of savings, financial literacy, skills training, and asset transfers.
(b)

Implementation.—
(1)

In general.—
There is authorized to be established within the Agency an office to support the Agency’s efforts to broaden and deepen local financial markets, expand access to appropriate financial products and services, and support the development of micro, small and medium-sized enterprises. The Office shall be headed by a Director who shall possess technical expertise and ability to offer leadership in the field of financial sector 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.—
In order to ensure that assistance under this title is distributed effectively and efficiently, the office shall provide coordination and support for field-implemented programs, including through targeted core support for micro, small, and medium-sized enterprises and local financial markets.
(C)

Efficiency and cost-effectiveness.—
Assistance under this section shall meet high standards of efficiency, cost-effectiveness, and sustainability, particularly by protecting the use and funding of local organizations in countries in which the Agency invests, and shall especially provide the greatest possible resources to the poor and very poor, especially women. 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.
(c)

Targeted Assistance.—
In carrying out sustainable poverty-focused programs under subsection (a)—
(1)
50 percent of all micro, small, and medium-sized enterprise resources shall be targeted to activities that reach the very poor; and
(2)
50 percent of all small and medium-sized enterprise resources shall be targeted to activities that reach enterprises owned, managed, and controlled by women.
SEC. 253.
[22 U.S.C. 2211b]

MONITORING SYSTEM.
(a)

In General.—
In order to maximize the sustainable development impact of assistance authorized under section 252(a), the Administrator of the Agency, acting through the Director of the office, shall strengthen its monitoring system to meet the requirements of subsection (b).
(b)

Requirements.—
The requirements referred to in subsection (a) are the following:
(1)
The monitoring system shall include performance goals, including goals on a gender disaggregated basis, such as improvements in employment, access to financial services, education, enterprise development, earnings and control over income, and property and land rights, for the assistance and expresses such goals in an objective and quantifiable form, to the extent feasible.
(2)
The monitoring system shall incorporate Agency planning and reporting processes and indicators to measure or assess the achievement of the performance goals described in paragraph (1) and the objectives of the assistance authorized under section 252.
(3)
The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the sustainability and the impact of the assistance, particularly the impact of such assistance on the very poor, particularly poor women.
SEC. 254.
[22 U.S.C. 2211c]

POVERTY MEASUREMENT METHODS.
The Administrator of the Agency, in consultation with financial intermediaries and other appropriate organizations, should have in place at least 1 method for implementing partners to use to assess poverty levels of their current incoming or prospective clients.
SEC. 255.
[22 U.S.C. 2211d]

ADDITIONAL AUTHORITIES.
Notwithstanding any other provision of law, amounts made available for development assistance for micro, small, and medium-sized enterprises under any provision of law other than this title may be provided to further the purposes of this title. To the extent assistance described in the preceding sentence is provided in accordance with such sentence, the Administrator of the Agency shall include, as part of the report required under section 258, a detailed description of such assistance.
subtitle B—

Credit Assistance
SEC. 256.
[22 U.S.C. 2212]

DEVELOPMENT CREDITS FOR MICRO, SMALL, AND MEDIUM-SIZED ENTERPRISES.
(a)

Findings and Policy.—
Congress finds and declares that—
(1)
the development of micro, small, and medium-sized 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 micro, small, and medium-sized enterprises 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), the President is authorized to provide assistance to increase the availability of financial services to micro, small, and medium-sized enterprises and households lacking full access to credit and other financial services, including through—
(1)
loans and guarantees to financial intermediaries for the purpose of expanding the availability of savings and credit to poor and low-income households;
(2)
training programs for financial intermediaries 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 financial intermediaries described in subsection (b)(1) are eligible to carry out activities, with respect to micro, small, and medium-sized enterprises and 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 micro, small, and medium-sized enterprises and households and may not be used to support programs not directly related to the purposes described in subsection (b).
(e)

Procurement Provision.—
Assistance may be provided under this section without regard to section 604(a).
(f)

Availability of Funds.—
(1)

In general.—
Of the amounts authorized to be available to carry out this part, 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 502(5) of the Federal Credit Reform Act of 1990, for activities under this section.
subtitle C—

United States Microfinance Loan Facility
SEC. 257.
[22 U.S.C. 2213]

UNITED STATES MICROFINANCE LOAN FACILITY.
(a)

Establishment.—
The President 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 financial intermediaries.
(b)

Disbursements.—
(1)

In general.—
The Administrator shall make disbursements from the Facility to United States-supported financial intermediaries 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 financial intermediaries.
(2)

Form of assistance.—
Assistance under this section shall be in the form of loans or loan guarantees for financial intermediaries 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 634A 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 this part that are applicable to development assistance activities.
(2)

Default and procurement provisions.—
(A)

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

Procurement provision.—
Assistance may be provided under this section without regard to section 604(a).
(3)

Terms and conditions of credit assistance.—
(A)

In general.—
Credit assistance provided under this section shall be offered on such terms and conditions, including fees charged, as the Administrator may determine.
(B)

Limitation on principal amount of financing.—
The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any single event, may not exceed $30,000,000.
(C)

Exception.—
No payment may be made under any guarantee issued under this section for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(4)

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

Funding.—
(1)

Allocation of funds.—
Of the amounts made available to carry out this part for each of the fiscal years 2005 through 2009, such sums as may be necessary may be made available for—
(A)
the subsidy cost, as defined in section 502(5) of the Federal Credit Reform Act of 1990, to carry out this section; and
(B)
the administrative costs to carry out this section.
(2)

Relation to other funding.—
Amounts made available under paragraph (1) are in addition to amounts available under any other provision of law to carry out this section.
subtitle D—

Miscellaneous Provisions
SEC. 258.
[22 U.S.C. 2214]

REPORT.
(a)

In General.—
Not later than June 30, 2006, and each June 30 thereafter, the Administrator of the Agency, acting through the Director of the office, shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this title for the previous fiscal year.
(b)

Contents.—
To the extent practicable, the report submitted under subsection (a) should contain the following:
(1)
Information about assistance provided under section 252, including—
(A)
the amount of each grant or other form of assistance;
(B)
the name and type of each intermediary and implementing partner organization receiving assistance;
(C)
the name of each country receiving assistance; and
(D)
the methodology used to ensure compliance with the targeted assistance requirements under subsection (c) of such section.
(2)
The percentage of assistance provided under section 252, disaggregated by income level, including for the very poor, and by gender.
(3)
The estimated number of individuals that received assistance under section 252, disaggregated by income level (or an appropriate proxy for income level, including for the very poor), by gender, and by type of assistance.
(4)
The results of the monitoring system required under section 253.
(5)
Information about any method in place to assess poverty levels under section 254.
(c)

Availability to Public.—
The report required by this section shall be made available to the public on the Internet website of the Agency.
SEC. 259.
[22 U.S.C. 2214a]

DEFINITIONS.
In this title:
(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 Foreign Affairs 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 micro, small, and medium-sized enterprises through training, technical assistance, marketing assistance, improved production technologies, and other related services.
(5)

Director.—
The term “Director” means the Director of the office.
(6)

Implementing partner organization.—
The term “implementing partner organization” means an entity eligible to receive assistance under this title which is—
(A)
a United States or an indigenous private voluntary organization;
(B)
a United States or an indigenous credit union;
(C)
a United States or an indigenous cooperative organization;
(D)
an indigenous governmental or nongovernmental organization;
(E)
a micro, small, or medium-sized enterprise institution;
(F)
a financial intermediary; or
(G)
a practitioner institution.
(7)

Micro, small, and medium-sized enterprise institution.—
The term “micro, small, and medium-sized enterprise institution” means an entity that provides services, including finance, training, or business development services, for micro, small, and medium-sized enterprises in foreign countries.
(8)

Financial intermediary.—
The term “financial intermediary” means the entity that acts as the intermediary between parties in a financial transaction, such as a bank, credit union, investment fund, a village savings and loan group, or an institution that provides financial services to a micro, small, or medium-sized enterprise.
(9)

Office.—
The term “office” means the office established under section 252(b)(1).
(10)

Practitioner institution.—
The term “practitioner institution” means a not-for-profit entity, a financial intermediary, an information and communications technology firm with a mobile money platform, a village and savings loan group, or any other entity that provides financial or business development services authorized under section 252 that benefits micro, small, and medium-sized enterprise clients.
(11)

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.
(12)

United states-supported financial intermediary.—
The term “United States-supported financial intermediary” means a financial intermediary that has received funds made available under this part for fiscal year 1980 or any subsequent fiscal year.
(13)

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 below the international poverty line (as defined by the International Bank for Reconstruction and Development and the International Development Association (collectively referred to as the “World Bank”)).
TITLE ix—

utilization of democratic institutions in development
Sec. 281.
[22 U.S.C. 2218]

Utilization of Democratic Institutions in Development.—
(a)
In carrying out programs authorized in this chapter and chapter 1, 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)
In order to carry out the purposes of this title, programs under this chapter and chapter 1 shall—
(1)
recognize the differing needs, desires, and capacities of the people of the respective developing countries and areas;
(2)
use the intellectual resources of such countries and areas in conjunction with assistance provided under this Act so as to encourage the development of indigenous institutions that meet their particular requirements for sustained economic and social progress; and
(3)
support civic education and training in skills required for effective participation in governmental and political processes essential to self-government.
(c)
In the allocation of funds for research under this chapter and chapter 1, emphasis shall be given to research designed to examine the political, social, and related obstacles to development in countries receiving assistance under part I of this Act. In particular, emphasis should be given to research designed to increase understanding of the ways in which development assistance can support democratic, social and political trends in recipient countries.
(d)
Emphasis shall also be given to the evaluation of relevant past and current programs under part I of this Act and to applying this experience so as to strengthen their effectiveness in implementing the objectives of this title.
(e)
In order to carry out the purposes of this title, the agency primarily responsible for administering part I of this Act, shall develop systematic programs of inservice training to familiarize its personnel with the objectives of this title and to increase their knowledge of the political and social aspects of development. In addition to other funds available for such purposes, not to exceed 1 per centum of the funds authorized to be appropriated for grant assistance under this chapter and chapter 1 may be used for carrying out the objectives of this subsection.
[Title X—Programs Relating to Population Growth—Repealed—1978]
[Title XI—Food Production Targets and Reports—Repealed—1978]
TITLE XII—

FAMINE PREVENTION AND FREEDOM FROM HUNGER
Sec. 296.
[22 U.S.C. 2220a]

General Provisions.—
(a)
The Congress declares that, in order to achieve the mutual goals among nations of ensuring food security, human health, agricultural growth, trade expansion, and the wise and sustainable use of natural resources, the United States should mobilize the capacities of the United States land-grant universities, other eligible universities, and public and private partners of universities in the United States and other countries, consistent with sections 103 and 103A of this Act, for: (1) global research on problems affecting food, agriculture, forestry, and fisheries; (2) improved human capacity and institutional resource development for the global application of agricultural and related environmental sciences; (3) agricultural development and trade research and extension services in the United States and other countries to support the entry of rural industries into world markets; and (4) providing for the application of agricultural sciences to solving food, health, nutrition, rural income, and environmental problems, especially such problems in low-income, food deficit countries.
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)
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)
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);
(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 title is periodically reviewed for its performance.
(d)
As used in this title, the term “universities” means those colleges or universities in each State, territory, or possession of the United States, or the District of Columbia, now receiving, or which may hereafter receive, benefits under the Act of July 2, 1862 (known as the First Morrill Act), or the Act of August 30, 1890 (known as the Second Morrill Act), which are commonly known as “land-grant” universities; institutions now designated or which may hereafter be designated as sea-grant colleges under the Act of October 15, 1966 (known as the National Sea Grant College and Program Act), which are commonly known as sea-grant colleges; Native American land-grant colleges as authorized under the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note); 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 objective of this title.
(e)
As used in this title, the term “Administrator” means the Administrator of the United States Agency for International Development.
(f)
As used in this title, the term “public and private partners of universities” includes entities that have cooperative or contractual agreements with universities, which may include formal or informal associations of universities, other education institutions, United States Government and State agencies, private voluntary organizations, nongovernmental organizations, firms operated for profit, nonprofit organizations, multinational banks, and, as designated by the Administrator, any organization, institution, or agency incorporated in other countries.
(g)
As used in this title, the term “agriculture” includes the science and practice of activity related to food, feed, and fiber production, processing, marketing, distribution, utilization, and trade, and also includes family and consumer sciences, nutrition, food science and engineering, agricultural economics and other social sciences, forestry, wildlife, fisheries, aquaculture, floraculture, veterinary medicine, and other environmental and natural resources sciences.
(h)
As used in this title, the term “agriculturists” includes farmers, herders, and livestock producers, individuals who fish and others employed in cultivating and harvesting food resources from salt and fresh waters, individuals who cultivate trees and shrubs and harvest nontimber forest products, as well as the processors, managers, teachers, extension specialists, researchers, policymakers, and others who are engaged in the food, feed, and fiber system and its relationships to natural resources.
Sec. 297.
[22 U.S.C. 2220b]

General Authority.—
(a)
To carry out the purposes of this title, the President is authorized to provide assistance on such terms and conditions as he shall determine—
(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 resources skills of agriculturally developing countries so that these countries may participate more fully in the international agricultural problem-solving effort and to introduce and adapt new solutions to local circumstances;
(3)
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 under this title shall be carried out so as to—
(1)
utilize and strengthen the capabilities of United States universities with public and private partners of universities 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 the United States agriculture of such programs, integrating to the extent practicable the programs and financing authorized under this title with those supported by other Federal or State resources, including resources of the private sector, 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)
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)
The President shall exercise his authority under this section through the Administrator.
(e)
The Administrator shall establish and carry out special programs under this title as part of ongoing programs for child survival, democratization, development of free enterprise, environmental and natural resource management, and other related programs.
Sec. 298.
[22 U.S.C. 2220c]

Board for International Food and Agricultural Development.—
(a)
To assist in the administration of the programs authorized by this title, the President shall establish a permanent Board for International Food and Agricultural Development (hereafter in this title referred to as the “Board”) consisting of seven members, not less than four to be selected from the universities. Terms of members shall be set by the President at the time of appointment. Members of the Board shall be entitled to such reimbursement for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business) as the President deems appropriate on a case-by-case basis.
(b)
The Board's general areas of responsibility shall include participating in the planning, development, and implementation of, initiating recommendations for, and monitoring, the activities described in section 297 of this title.
(c)
The Board's duties shall include, but not necessarily be limited to—
(1)
participating in the formulation of basic policy, procedures, and criteria for project proposal review, selection, and monitoring;
(2)
developing and keeping current a roster of universities—
(A)
interested in exploring their potential for collaborative relationships with agricultural institutions, and with scientists working on significant programs designed to improve agricultural production, trade, and natural resource management in developing countries, and with private organizations seeking to increase agricultural production and trade, natural resources management, and household food security in developing and transition countries;11
^{11}
So in original. See P.L. 106–373, sec. 4(c)(1)(A).
(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 title;
(3)
recommending which developing nations could benefit from programs carried out under this title, and identifying those nations which have an interest in establishing or developing agricultural institutions which engage in teaching, research, or extension activities;
(4)
reviewing and evaluating memorandums of understanding or other documents that detail the terms and conditions between the Administrator and universities and their partners participating in programs under this title;
(5)
reviewing and evaluating agreements and activities authorized by this title and undertaken by universities and public and private partners of universities to assure compliance with the purposes of this title;
(6)
recommending to the Administrator the apportionment of funds under section 297 of this title;
(7)
assessing the impact of programs carried out under this title in solving agricultural problems and natural resource issues in the developing nations, assuring efficiency in use of Federal resources, including in accordance with the Governmental 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 title as requested by universities; and
(10)
advising the Administrator on any and all issues as requested.
(d)
The President may authorize the Board to create such subordinate units as may be necessary for the performance of its duties, including but not limited to the following:
(1)
a Joint Policy Committee to participate in the design and development of the collaborative activities described in section 297 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 297.
(e)
In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by section 300 of this title and on other agricultural development activities related to programs under this title.
Sec. 299.
[22 U.S.C. 2220d]

Authorization.—
(a)
The President is authorized to use any of the funds hereafter made available under section 103 of this Act to carry out the purposes of this title. Funds made available for such purposes may be used without regard to the provisions of sections 110(b) and 122(d) of this Act.
(b)
Foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States shall be used to the maximum extent possible in lieu of dollars in carrying out the provisions of this title.
(c)
Assistance authorized under this title shall be in addition to any allotments or grants that may be made under other authorizations.
(d)
Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this title. All such funds, both prospective and inhand, shall be periodically disclosed to the Administrator as he shall by regulation require, but no less often than in an annual report.
Sec. 300.
[22 U.S.C. 2220e]

Annual Report.—
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 title during the preceding fiscal year and containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to section 298 of this title and may include the separate views of the Board with respect to any aspect of the programs conducted or proposed to be conducted under this title.
chapter 3—

International Organizations and Programs
Sec. 301.
[22 U.S.C. 2221]

General Authority.—
(a)
When he determines it to be in the national interest, the President is authorized to make voluntary contributions on a grant basis to international organizations and to programs administered by such organizations, and in the case of the Indus Basin Development Fund administered by the International Bank for Reconstruction and Development to make grants and loans payable as to principal and interest in United States dollars and subject to the provisions of section 122(b), on such terms and conditions as he may determine, in order to further the purposes of this part.
(b)
* * *
[Repealed—1981]
(c)
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)
In any case in which a fund established solely by United States contributions under this or any other Act is administered by an international organization under the terms of an agreement between the United States and such international organization, such agreement shall provide that the Comptroller General of the United States shall conduct such audits as are necessary to assure that such fund is administered in accordance with such agreement. The President shall undertake to modify any existing agreement entered into before the date of enactment of this subsection to conform to the requirements of the preceding sentence. The Comptroller General shall report simultaneously to the Congress and the President the results of the audit conducted under this subsection.
(e)
(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 examinations, 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 audits 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 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 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.
(3)
* * *
[Repealed—1981]
(f)
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)
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)
The President is authorized to permit the United States to participate in and to use any of the funds made available under this part after the date of enactment of this subsection for the purpose of furnishing assistance (on such terms and conditions as the President may determine) to the International Food Policy Research Institute.
Sec. 302.
[22 U.S.C. 2222]

Authorization.—
(a)
(1)
There are authorized to be appropriated to the President $270,000,000 for fiscal year 1986 and $236,084,000 for fiscal year 1987 for grants to carry out the purposes of this chapter, in addition to funds available under other Acts for such purposes. Of the amount appropriated for each of the fiscal years 1986 and 1987 pursuant to these authorizations—
(A)
59.65 percent shall be for the United Nations Development Program;
(B)
19.30 percent shall be for the United Nations Children's Fund;
(C)
7.20 percent shall be for the International Atomic Energy Agency, except that these funds may be contributed to that Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency;
(D)
5.44 percent shall be for Organization of American States development assistance programs;
(E)
3.51 percent shall be for the United Nations Environment Program;
(F)
0.70 percent shall be for the World Meteorological Organization;
(G)
0.70 percent shall be for the United Nations Capital Development Fund;
(H)
0.35 percent shall be for the United Nations Education and Training Program for Southern Africa;
(I)
0.18 percent shall be for the United Nations Voluntary Fund for the Decade for Women;
(J)
0.07 percent shall be for the Convention on International Trade in Endangered Species;
(K)
0.70 percent shall be for the World Food Program;
(L)
0.18 percent shall be for the United Nations Institute for Namibia;
(M)
0.12 percent shall be for the United Nations Trust Fund for South Africa;
(N)
0.04 percent shall be for the United Nations Voluntary Fund for Victims of Torture;
(O)
0.07 percent shall be for the United Nations Industrial Development Organization;
(P)
0.55 percent shall be for the United Nations Development Program Trust Fund To Combat Poverty and Hunger in Africa;
(Q)
0.97 percent shall be for contributions to international conventions and scientific organizations;
(R)
0.18 percent for the United Nations Center on Human Settlements (Habitat); and
(S)
0.09 percent shall be for the World Heritage Fund.
(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.
(3)
* * *
[Repealed—1981]
(b)
(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 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 610(a) or 614(a) of this Act to transfer any amount appropriated under this paragraph to, and to consolidate such amount with, any funds made available under any other provisions of this Act.
(c)
None of the funds available to carry out this chapter shall be contributed to any international organization or to any foreign government or agency thereof to pay the costs of developing or operating any volunteer program of such organization, government, or agency relating to the selection, training, and programing of volunteer manpower.
(d)

Tuberculosis Vaccine Development Programs.—
In addition to amounts otherwise available under this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013, which shall be used for United States contributions to tuberculosis vaccine development programs, which may include the Aeras Global TB Vaccine Foundation.
(e)
* * *
[Repealed—1978]
(f)
* * *
[Repealed—1978]
(g)
* * *
[Repealed—1978]
(h)
* * *
[Repealed—1978]
(i)
In addition to amounts otherwise available under this section there are authorized to be appropriated for fiscal year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be available only for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear missile facilities and materials. Amounts appropriated under this subsection are authorized to remain available until expended.
(j)
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)
In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to be available only for United States contributions to the GAVI Fund.
(l)
In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to be available only for United States contributions to the International AIDS Vaccine 12 Initiative.
^{12}
Section 7034(f) of Division F of Public Law 111–117 provides for an amended to strike “Vaccine Fund” and insert “GAVI Alliance”. The amendment was not executed because the proposed text to be struck does not appear.
(m)
In addition to amounts otherwise available under this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2009 through 2013 to be available for United States contributions to malaria vaccine development programs, including the Malaria Vaccine Initiative of the Program for Appropriate Technologies in Health (PATH).
Sec. 303.
[22 U.S.C. 2223]

Indus Basin Development.—
In the event that funds made available under this Act (other than part II) are used by or under the supervision of the International Bank for Reconstruction and Development in furtherance of the development of the Indus Basin through the program of cooperation among South Asian and other countries of the free world, which is designed to promote economic growth and political stability in South Asia, such funds may be used in accordance with requirements, standards, or procedures established by the Bank concerning completion of plans and cost estimates and determination of feasibility, rather than with requirements, standards, or procedures concerning such matters set forth in this or other Acts; and such funds may also be used without regard to the provisions of section 901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1241), whenever the President determines that such provisions cannot be fully satisfied without seriously impeding or preventing accomplishment of the purposes of such programs: Provided, That compensating allowances are made in the administration of other programs to the same or other areas to which the requirements of said section 901(b) are applicable.
Sec. 304.

United Nations Peacekeeping.—
* * *
[Repealed—1978]
Sec. 305.
[22 U.S.C. 2225]

Integration of Women.—
The President is requested to instruct each representative of the United States to each international organization of which the United States is a member (including but not limited to the International Bank for Reconstruction and Development, the Asian Development Bank, the Inter-American Development Bank, the International Monetary Fund, the United Nations, and the Organization for Economic Cooperation and Development) to carry out their duties with respect to such organizations in such a manner as to encourage and promote the integration of women into the national economies of member and recipient countries and into professional and policy-making positions within such organizations, thereby improving the status of women. The President is further requested, in making United States contributions to such organizations, to take into account the progress, or lack of progress, of such organizations in adopting and implementing policies and practices which encourage and promote the integration of women into the national economies of member and recipient countries, and into professional and policy-making positions within such organizations, in accordance with the World Plan of Action of the Decade for Women.
Sec. 306.
[22 U.S.C. 2226]

Reports on International Organizations.—
The annual reports to the Congress under section 2 of the Act of September 21, 1950 (64 Stat. 902, 22 U.S.C. 262a), shall be submitted within nine months after the end of the fiscal year to which they relate.
Sec. 307.
[22 U.S.C. 2227]

Withholding of United States Proportionate Share for Certain Programs of International Organizations.—
(a)
Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this chapter shall be available for the United States proportionate share for programs for Burma, North Korea, Syria, Iran, Cuba, or the Palestine Liberation Organization or for projects whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it or at the discretion of the President, Communist countries listed in section 620(f) of this Act.
(b)
The Secretary of State—
(1)
shall review, at least annually, the budgets and accounts of all international organizations receiving payments of any funds authorized to be appropriated by this chapter; and
(2)
shall report to the appropriate committees of the Congress the amounts of funds expended by each such organization for the purposes described in subsection (a) and the amount contributed by the United States to each such organization.
(c)
(1)
Subject to paragraph (2), the limitations of subsection (a) 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 chapter and available for the International Atomic Energy Agency, the limitations of subsection (a) shall apply to programs or projects of such Agency in Cuba.
(B)
(i)
Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a).
(ii)
Clause (i) shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba—
(I)
ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco);
(II)
negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and
(III)
incorporates internationally accepted nuclear safety standards.
(d)
(1)
Notwithstanding subsection (c), if the Secretary of State determines that programs and projects of the International Atomic Energy Agency in Iran are inconsistent with United States nuclear nonproliferation and safety goals, will provide Iran with training or expertise relevant to the development of nuclear weapons, or are being used as a cover for the acquisition of sensitive nuclear technology, the limitations of subsection (a) shall apply to such programs and projects, and the Secretary of State shall so notify the appropriate congressional committees (as defined in section 3 of the Foreign Relations Authorization Act, Fiscal Year 2003).
(2)
A determination made by the Secretary of State under paragraph (1) shall be effective for the 1-year period beginning on the date of the determination.
chapter 4—

Supporting Assistance [Repealed—1972]
chapter 5—

Contingencies
Note.—Sec. 549(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1994 (Public Law 103–87; 107 Stat. 961), provided the following under section heading of “Special Authorities”:
``(c) During fiscal year 1994, the President may use up to $50,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding the funding ceiling contained in subsection (a) of that section.''.
Sec. 451.
[22 U.S.C. 2261]

Contingencies.—
(a)
(1)
Notwithstanding any other provision of law, the President is authorized to use funds made available to carry out any provision of this Act (other than the provisions of chapter 1 of this part) in order to provide, for any unanticipated contingencies, assistance authorized by this part in accordance with the provisions applicable to the furnishing of such assistance, except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year.
(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—1981]
(c)
No part of this fund shall be used to pay for any gifts to any officials of any foreign government made heretofore or hereafter.
chapter 6—

Central America Democracy, Peace, and Development Initiative
Sec. 461.
[22 U.S.C. 2271]

Statement of Policy.—
(a)
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)
(1)
The achievement of democracy, respect for human rights, peace, and equitable economic growth depends primarily on the cooperation and the human and economic resources of the people and governments of Central America. The Congress recognizes that the United States can make a significant contribution to such peaceful and democratic development through a consistent and coherent policy which includes a long-term commitment of assistance. This policy should be designed to support actively—
(A)
democracy and political reform, including opening the political process to all members of society;
(B)
full observance of internationally recognized human rights, including free elections, freedom of the press, freedom of association, and the elimination of all human rights abuses;
(C)
leadership development, including training and educational programs to improve public administration and the administration of justice;
(D)
land reform, reform in tax systems, encouragement of private enterprise and individual initiative, creation of favorable investment climates, curbing corruption where it exists, and spurring balanced trade;
(E)
the establishment of the rule of law and an effective judicial system; and
(F)
the termination of extremist violence by both the left and the right as well as vigorous action to prosecute those guilty of crimes and the prosecution to the extent possible of past offenders.
(2)
The policy described in paragraph (1) should also promote equitable economic growth and development, including controlling the flight of capital and the effective use of foreign assistance and adhering to approved programs for economic stabilization and fiscal responsibility. Finally, this policy should foster dialog and negotiations—
(A)
to achieve peace based upon the objectives of democratization, reduction of armament, an end to subversion, and the withdrawal of foreign military forces and advisers; and
(B)
to provide a security shield against violence and intimidation.
(3)
It is the purpose of this chapter to establish the statutory framework and to authorize the appropriations and financing necessary to carry out the policy described in this section.
(c)
The Congress finds, therefore, that the people of the United States are willing to sustain and expand a program for economic and military assistance in Central America if the recipient countries can demonstrate progress toward and a commitment to these goals.
Sec. 462.
[22 U.S.C. 2272]

Conditions on Furnishing Assistance.—
The President shall ensure that assistance authorized by this Act and the Arms Export Control Act to Central American countries is furnished in a manner which fosters demonstrated progress toward and commitment to the objectives set forth in section 461. Where necessary to achieve this purpose, the President shall impose conditions on the furnishing of such assistance. In carrying out this section, the President shall consult with the Congress in regard to progress toward the objectives set forth in section 461, and any conditions imposed on the furnishing of assistance in furtherance of those objectives.
Sec. 463.
[22 U.S.C. 2273]

Peace Process in Central America.—
The Congress—
(1)
strongly supports the initiatives taken by the Contadora group and the resulting Document of Objectives which has been agreed to by Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua and which sets forth a framework for negotiating a peaceful settlement to the conflict and turmoil in the region; and
(2)
finds that the United States should provide such assistance and support as may be appropriate in helping to reach comprehensive and verifiable final agreements, based on the Document of Objectives, which will ensure peaceful and enduring solutions to the Central American conflicts.
Sec. 464.
[22 U.S.C. 2274]

Economic Assistance Coordination.—
(a)
The Congress finds that participation by Central American countries in an effective forum for dialog on, and the continuous review and advancement of, Central America's political, economic, and social development would foster cooperation between the United States and Central American countries.
(b)
It is the sense of the Congress that—
(1)
the President should enter into negotiations with the countries of Central America to establish a Central American Development Organization (hereafter in this section referred to as the “Organization”) to help provide a continuous and coherent approach to the development of the Central American region; and
(2)
the establishment of the Organization should be based upon the following principles:
(A)
Participation in the Organization should be open to the United States, other donors, and those Central American countries that commit themselves to, among other things, respecting internationally recognized human rights, building democracy, and encouraging equitable economic growth through policy reforms.
(B)
The Organization should be structured to include representatives from both the public and private sectors, including representatives from the labor, agriculture, and business communities.
(C)
The Organization should meet periodically to carry out the functions described in subparagraphs (D) and (E) of this paragraph and should be supported by a limited professional secretariat.
(D)
The Organization should make recommendations affecting Central American countries on such matters as—
(i)
political, economic, and social development objectives, including the strengthening of democratic pluralism and the safeguarding of internationally recognized human rights;
(ii)
mobilization of resources and external assistance needs; and
(iii)
reform of economic policies and structures.
(E)
The Organization should have the capacity for monitoring country performance on recommendations issued in accordance with subparagraph (D) of this paragraph and for evaluating progress toward meeting such country objectives.
(F)
To the maximum extent practicable, the United States should follow the recommendations of the Organization in disbursing bilateral economic assistance for any Central American country. No more than 75 percent of such United States assistance in any fiscal year should be disbursed until the recommendations of the Organization for that fiscal year have been made final and communicated to the donor countries. The limitation on disbursements contained in the preceding sentence should apply only to recommendations made final and communicated to donor countries prior to the fourth quarter of such fiscal year. The United States representative to the Organization should urge other donor countries to similarly implement the recommendations of the Organization.
(G)
The administrator of the agency primarily responsible for administering part I of this Act, or his designee, should represent the United States Government in the Organization and should carry out his functions in that capacity under the continuous supervision and general direction of the Secretary of State.
(c)
Subject to subsection (d)(2), the President is authorized to participate in the Organization.
(d)
(1)
The administrator of the agency primarily responsible for administering part I of this Act, under the supervision and direction of the Secretary of State, shall prepare a detailed proposal to carry out this section and shall keep the Committee on Foreign Affairs 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 634A of this Act.
Sec. 465.
[22 U.S.C. 2275]

Authorization for Fiscal Years 1988 and 1989.—
(a)
In addition to amounts otherwise available for such purposes, there are authorized to be appropriated to the President, for the purpose of furnishing nonmilitary assistance for Central American countries, $1,200,000,000 for each of the fiscal years 1988 and 1989, which are authorized to remain available until expended.
(b)
For the purpose of providing the assistance described in subsection (a), funds appropriated pursuant to the authorizations in that subsection may be transferred by the President for obligation in accordance with the authorities of part I of this Act (including chapter 4 of part II), the Peace Corps Act, the Migration and Refugee Assistance Act of 1962, the United States Information and Education Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, the National Endowment for Democracy Act, and the State Department Basic Authorities Act of 1956.
Sec. 466.
[22 U.S.C. 2276]

Definitions.—
For the purposes of this chapter, the term “Central American countries” includes Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, and regional programs which benefit such countries.
chapter 7—

Debt-For-Nature Exchanges
Sec. 461.
[22 U.S.C. 2281]

Definition.—
For purpose of this chapter, the term “debt-for-nature exchange” means the cancellation or redemption of the foreign debt of the government of a country in exchange for—
(1)
that government's making available local currencies (including through the issuance of bonds) which are used only for eligible projects involving the conservation or protection of the environment in that country (as described in section 463); or
(3)
a combination of assets and actions under both paragraphs (1) and (2).
Sec. 462.
[22 U.S.C. 2282]

Assistance for Commercial Debt Exchanges.—
(a)
The Administrator of the Agency for International Development is authorized to furnish assistance, in the form of grants on such terms and conditions as may be necessary, to nongovernmental organizations for the purchase on the open market of discounted commercial debt of a foreign government of an eligible country which will be canceled or redeemed under the terms of an agreement with that government as part of a debt-for-nature exchange.
(b)
Notwithstanding any other provision of law, a grantee (or any subgrantee) of the grants referred to in subsection (a) may retain, without deposit in the Treasury of the United States and without further appropriation by Congress, interest earned on the proceeds of any resulting debt-for-nature exchange pending the disbursements of such proceeds and interest for approved program purposes, which may include the establishment of an endowment, the income of which is used for such purposes.
Sec. 463.
[22 U.S.C. 2283]

Eligible Projects.—
(a)
The Administrator of the Agency for International Development shall seek to ensure that debt-for-nature exchanges under this chapter support one or more of the following activities by either the host government, a local private conservation group, or a combination thereof:
(1)
restoration, protection, or sustainable use of the world's oceans and atmosphere;
(2)
restoration, protection, or sustainable use of diverse animal and plant species;
(3)
establishment, restoration, protection, and maintenance of parks and reserves;
(4)
development and implementation of sound systems of natural resource management;
(5)
development and support of local conservation programs;
(6)
training programs to strengthen conservation institutions and increase scientific, technical, and managerial capabilities of individuals and organizations involved in conservation efforts;
(7)
efforts to generate knowledge, increase understanding, and enhance public commitment to conservation;
(8)
design and implementation of sound programs of land and ecosystem management; and
(9)
promotion of regenerative approaches in farming, forestry, fishing, and watershed management.
(b)
(1)
In cooperation with nongovernmental organizations, the Administrator of the Agency for International Development shall seek to identify those areas, which because of an imminent threat, are in particular need of immediate attention to prevent the loss of unique biological life or valuable ecosystem.
(2)
The Administrator of the Agency for International Development shall encourage as many eligible countries as possible to propose such exchanges with the purpose of demonstrating to a large number of governments the feasibility and benefits of sustainable development.
Sec. 464.
[22 U.S.C. 2284]

Eligible Countries.—
In order for a foreign country to be eligible to participate in a debt-for-nature exchange under this chapter, the Administrator of the Agency for International Development shall determine that—
(1)
the host country is fully committed to the long-term viability of the program or project that is to be undertaken through the debt-for-nature exchange;
(2)
a long-term plan has been prepared by the host country, or private conservation group, which adequately provides for the long-term viability of the program or project that is to be undertaken through the debt-for-nature exchange or that such a plan will be prepared in a timely manner; and
(3)
there is a government agency or a local nongovernmental organization, or combination thereof, in the host country with the capability, commitment, and record of environmental concern to oversee the long-term viability of the program or project that is to be undertaken through the debt-for-nature exchange.
Sec. 465.
[22 U.S.C. 2285]

Terms and Conditions.—
(a)
The terms and conditions for making grants under this chapter shall be deemed to be fulfilled upon final approval by the Administrator of the Agency for International Development of the debt-for-nature exchange, a certification by the nongovernmental organization that the host government has accepted the terms of the exchange, and that an agreement has been reached to cancel the commercial debt in an agreed upon fashion.
(b)
Grants made under this section are intended to complement, and not substitute for, assistance otherwise available to a foreign country under this Act or any other provision of law.
(c)
The United States Government is prohibited from accepting title or interest in any land in a foreign country as a condition on the debt exchange.
Sec. 466.
[22 U.S.C. 2286]

Pilot Program for Sub-Saharan Africa.—
(a)
The Administrator of the Agency for International Development, in cooperation with nongovernmental conservation organizations, shall invite the government of each country in sub-Saharan Africa to submit a list of those areas of severely degraded national resources which threaten human survival and well-being and the opportunity for future economic growth or those areas of biological or ecological importance within the territory of that country.
(b)
The Administrator of the Agency for International Development shall assess the list submitted by each country under subsection (a) and shall seek to reach agreement with the host country for the restoration and future sustainable use of those areas.
(c)
(1)
The Administrator of the Agency for International Development is authorized to make grants, on such terms and conditions as may be necessary, to nongovernmental organizations for the purchase on the open market of discounted commercial debt of a foreign government of an eligible sub-Saharan country in exchange for commitments by that government to restore natural resources identified by the host country under subsection (a) or for commitments to develop plans for sustainable use of such resources.
(2)
Notwithstanding any other provision of law, a grantee (or any subgrantee) of the grants referred to in section (a) may retain, without deposit in the Treasury of the United States and without further appropriation by Congress, interest earned on the proceeds of any resulting debt-for-nature exchange pending the disbursements of such proceeds and interest for approved program purposes, which may include the establishment of an endowment, the income of which is used for such purposes.
chapter 8—

International Narcotics Control
Note.—Section 6(a) of the International Narcotics Control Act of 1992 (Public Law 102–583; 106 Stat. 4932; 22 U.S.C. 2291h note) provided the following change in statutory references:
``(a) Statutory References to Annual Reports, Certifications, and Definitions.—After September 30, 1994, any reference in any provision of law to section 489 or 490 of the Foreign Assistance Act of 1961 shall be deemed to be a reference to the corresponding provision of section 489A or 490A, respectively, unless the context requires otherwise. Any reference in any provision of law enacted before the date of enactment of this Act to section 481(e) or section 481(i) of that Act shall be deemed to be a reference to section 489 or section 481(e) (as amended by subsection (b)(3) of this section), respectively; and any reference in any provision of law enacted before the date of enactment of this Act to section 481(h) of that Act shall be deemed, as of October 1, 1992, to be a reference to section 490.''.
Sec. 8 of that Act provided the following waiver for fiscal years 1992 through 1994:
``sec. 8. waiver of restrictions for narcotics-related economic assistance.
``For fiscal years 1992 through 1994, narcotics-related assistance under part I of the Foreign Assistance Act of 1961 may be provided notwithstanding any provision of law that restricts assistance to foreign countries (other than section 490(e) of that Act) if, at least 15 days before obligating funds for such assistance, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act.''.
SEC. 481.
[22 U.S.C. 2291]

POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
(a)

Policy and General Authorities.—
(1)

Statements of policy.—
(A)
International narcotics trafficking poses an unparalleled transnational threat in today's world, and its suppression is among the most important foreign policy objectives of the United States.
(B)
Under the Single Convention on Narcotic Drugs, 1961, and under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the parties are required to criminalize certain drug-related activities, provide appropriately severe penalties, and cooperate in the extradition of accused offenders.
(C)
International narcotics control programs should include, as priority goals, the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs, money laundering, and precursor chemical diversion, and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs are derived.
(D)
International criminal activities, particularly international narcotics trafficking, money laundering, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States.
(E)
The international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obligations.
(F)
The objective of the United States in dealing with the problem of international money laundering is to ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in narcotics money laundering investigations, prosecutions, and related forfeiture actions.
(G)
Effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs.
(2)
In order to promote such cooperation, the President is authorized to conclude agreements, including reciprocal maritime agreements, with other countries to facilitate control of the production, processing, transportation, and distribution of narcotics analgesics, including opium and its derivatives, other narcotic and psychotropic drugs, and other controlled substances.
(3)
In order to promote international cooperation in combating international trafficking in illicit narcotics, it shall be the policy of the United States to use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances, including appropriate assistance in conjunction with effective programs of illicit crop eradication.
(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 subtitle A of title I of the Anti-Drug Abuse Act of 1988, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government to support international efforts to combat illicit narcotics production or trafficking.
(2)

Rule of construction.—
Nothing contained in this subsection or section 489(b) shall be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.
(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 chapter of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals.
(2)

Annual reports.—
In the annual report required by section 489(a), the President shall report on the impact on the environment and the health of individuals of the use under this chapter of a herbicide for aerial eradication.
(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 chapter and other provisions of this Act 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 —
(A)
in which 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year;
(B)
in which 1,000 hectares or more of illicit coca is cultivated or harvested during a year;
(C)
in which 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;
(D)
that is a significant source of illicit synthetic opioids significantly affecting the United States; or
(E)
that is a significant direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals when those chemicals are used in the production of such drugs and substances, significantly affecting the United States;
(3)
the term “narcotic and psychotropic drugs and other controlled substances” has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country of countries concerned;
(4)
the term “United States assistance” means—
(A)
any assistance under this Act (and any support under title II of the Better Utilization of Investments Leading to Development Act of 2018, relating to the United States International Development Finance Corporation), other than—
(i)
assistance under this chapter,
(ii)
any other narcotics-related assistance under this part (including chapter 4 of part II), but any such assistance provided under this clause shall be subject to the prior notification procedures applicable to reprogrammings pursuant to section 634A of this Act,
(iii)
disaster relief assistance, including any assistance under chapter 9 of this part,
(iv)
assistance which involves the provision of food (including monetization of food) or medicine, and
(v)
assistance for refugees;
(B)
sales, or financing on any terms, under the Arms Export Control Act;
(C)
the provision of agricultural commodities, other than food, under the Food for Peace Act;
(D)
financing under the Export-Import Bank Act of 1945;
(E)
assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n–2(b));
(F)
assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 et seq.))13; and
^{13}
The second close parenthesis at the end of subparagraph (F) (as added by section 6610(b)(2)(B) of division F of Public Law 117–81) probably should not appear in law.
(G)
global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4).
(5)
the term “major drug-transit country” means a country through which are transported covered synthetic drugs or psychotropic drugs or other controlled substances significantly affecting the United States;
(6)
the term “precursor chemical” has the same meaning as the term “listed chemical” has under paragraph (33) of section 102 of the Controlled Substances Act (21 U.S.C. 802(33));
(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;
(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; and
(9)
the term “covered synthetic drug” has the meaning given that term in section 5558 of the FENTANYL Results Act.
Sec. 482.
[22 U.S.C. 2291a]

Authorization.—
(a)
(1)
To carry out the purposes of section 481, there are authorized to be appropriated to the President $147,783,000 for fiscal year 1993 and $171,500,000 for fiscal year 1994.
(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 chapter shall not be made available for the procurement of weapons or ammunition.
(2)

Exceptions.—
Paragraph (1) shall not apply with respect to funds for the procurement of—
(A)
weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes, or
(B)
firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the Department of State engaged in activities under this chapter,
if, at least 15 days before obligating those funds, the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A.
(c)

Contributions and Reimbursement.—
(1)
To ensure local commitment to the activities assisted under this chapter, a country receiving assistance under this chapter should bear an appropriate share of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. A country may bear such costs on an “in kind” basis.
(2)
(A)
The President is authorized to accept contributions from foreign governments to carry out the purposes of this chapter. Such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated pursuant to this chapter.
(B)
At the time of submission of the annual congressional presentation documents required by section 634(a), the President shall provide a detailed report on any contributions received in the preceding fiscal year, the amount of such contributions, and the purposes for which such contributions were used.
(3)
The President is authorized to provide assistance under this chapter on a reimbursable basis. Such reimbursements shall be deposited as an offsetting collection to the applicable appropriation and may be used under the same terms and conditions as funds appropriated pursuant to this chapter.
(d)

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 chapter may be made available on such terms and conditions as are applicable to funds appropriated pursuant to this chapter. Funds so transferred or consolidated shall be apportioned directly to the bureau within the Department of State responsible for administering this chapter.
(g)

Excess Property.—
For purposes of this chapter, the Secretary of State may use the authority of section 608, without regard to the restrictions of such section, to receive nonlethal excess property from any agency of the United States Government for the purpose of providing such property to a foreign government under the same terms and conditions as funds authorized to be appropriated for the purposes of this chapter.
Sec. 483.
[22 U.S.C. 2291b]

Prohibition on Use of Foreign Assistance for Reimbursements for Drug Crop Eradications.—
Funds made available to carry out this Act may not be used to reimburse persons whose illicit drug crops are eradicated.
SEC. 484.
[22 U.S.C. 2291c]

REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.
(a)

Retention of Title to Aircraft.—
(1)

In general.—
(A)
Except as provided in paragraph (2), any aircraft made available to a foreign country under this chapter, or made available to a foreign country primarily for narcotics-related purposes under any other provision of law, shall be provided only on a lease or loan basis.
(B)
Subparagraph (A) applies to aircraft made available at any time after October 27, 1986 (which was the date of enactment of the International Narcotics Control Act of 1986).
(2)

Exceptions.—
(A)
Paragraph (1) shall not apply to the extent that—
(i)
the application of that paragraph with respect to particular aircraft would be contrary to the national interest of the United States; and
(ii)
the President notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A.
(B)
Paragraph (1) does not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the United States to be made available to foreign countries.
(3)

Assistance for leasing of aircraft.—
(A)
For purposes of satisfying the requirement of paragraph (1), funds made available for the “Foreign Military Financing Program” under section 23 of the Arms Export Control Act may be used to finance the leasing of aircraft under chapter 6 of that Act.
(B)
Section 61(a)(3) of that Act shall not apply with respect to leases so financed; rather the entire cost of any such lease (including any renewals) shall be an initial, one time payment of the amount which would be the sales price for the aircraft if they were sold under section 21(a)(1)(B) or section 22 of that Act (as appropriate).
(C)
To the extent that aircraft so leased were acquired under chapter 5 of that Act, funds used pursuant to this paragraph to finance such leases shall be credited to the Special Defense Acquisition Fund under chapter 5 of that Act (excluding the amount of funds that reflects the charges described in section 21(e)(1) of that Act). The funds described in the parenthetical clause of the preceding sentence shall be available for payments consistent with sections 37(a) and 43(b) of that Act.
(b)

Permissible Uses of Aircraft and Other Equipment.—
The President shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this chapter are used only in ways that are consistent with the purposes for which such equipment was made available.
(c)

Reports.—
In the reports submitted pursuant to section 489(a), the President shall discuss—
(1)
any evidence indicating misuse by a foreign country of aircraft or other equipment made available under this chapter, and
(2)
the actions taken by the United States Government to prevent future misuse of such equipment by that foreign country.
Sec. 485.
[22 U.S.C. 2291d]

Records of Aircraft Use.—
(a)

Requirement To Maintain Records.—
The President shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter, including aircraft made available before the enactment of this section.
(b)

Congressional Access to Records.—
The President shall make the records maintained pursuant to subsection (a) available to the Congress upon a request of the Chairman of the Committee on Foreign Affairs of the House of Representatives or the Chairman of the Committee on Foreign Relations of the Senate .
SEC. 486.
[22 U.S.C. 2291e]

REALLOCATION OF FUNDS WITHHELD FROM COUNTRIES WHICH FAIL TO TAKE ADEQUATE STEPS TO HALT ILLICIT DRUG PRODUCTION OR TRAFFICKING.
If any funds authorized to be appropriated for any fiscal year for assistance under this Act are not used for assistance for the country for which those funds were allocated because of the requirements of section 490 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 chapter in order to provide additional narcotics control assistance for those countries. Funds transferred under this paragraph may only be used to provide increased funding for activities previously justified to the Congress. Transfers may be made under this paragraph without regard to the 20-percent increase limitation contained in section 610(a). This paragraph does not apply with respect to funds made available for assistance under the Arms Export Control Act.
(2)

Other assistance.—
Any such funds not used under paragraph (1) shall be reprogrammed within the account for which they were appropriated (subject to the regular reprogramming procedures under section 634A) in order to provide additional assistance for those countries.
Sec. 487.
[22 U.S.C. 2291f]

Prohibition on Assistance to Drug Traffickers.
(a)

Prohibition.—
The President shall take all reasonable steps to ensure that assistance under this Act and the Arms Export Control Act is not provided to or through any individual or entity that the President knows or has reason to believe—
(1)
has been convicted of a violation of, or a conspiracy to violate, any law or regulation of the United States, a State or the District of Columbia, or a foreign country relating to 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) shall be submitted to the Congress before they take effect.
SEC. 488.
[22 U.S.C. 2291g]

LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND CONSTRUCTION OF FACILITIES.
(a)

Acquisition of Real Property.—
(1)

Prohibition.—
Funds made available to carry out this chapter may not be used to acquire (by purchase or other means) any land or other real property for use by foreign military, paramilitary, or law enforcement forces.
(2)

Exception for certain leases.—
Paragraph (1) shall not apply to the acquisition of real property by lease of a duration not to exceed 2 years.
(b)

Construction of Facilities.—
(1)

Limitation.—
Funds made available to carry out this chapter may not be used for construction of facilities for use by foreign military, paramilitary, or law enforcement forces unless, at least 15 days before obligating funds for such construction, the President notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section 634A.
(2)

Exception.—
Paragraph (1) shall not apply to the construction of facilities which would require the obligation of less than $750,000 under this chapter.
SEC. 489.
[22 U.S.C. 2291h]

REPORTING REQUIREMENTS.
(a)

International Narcotics Control Strategy Report.—
Not later than March 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report containing the following:
(1)
For each country that received assistance under this chapter for either of the 2 preceding fiscal years, a report on the extent to which the country has—
(A)
met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport, and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B)
accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C)
taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(2)
(A)
A description of the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibilities for international narcotics control, including appropriate information on the status of negotiations between the United States and other countries on updated extradition treaties, mutual legal assistance treaties, precursor chemical controls, money laundering, and agreements pursuant to section 2015 of the International Narcotics Act of 1986 (relating to interdiction procedures for vessels of foreign registry).
(B)
Information on multilateral and bilateral strategies with respect to money laundering pursued by the Department of State, the Department of Justice, the Department of the Treasury, and other relevant United States Government agencies, either collectively or individually, to ensure the cooperation of foreign governments with respect to narcotics-related money laundering and to demonstrate that all United States Government agencies are pursuing a common strategy with respect to major money laundering countries. The report shall include specific detail to demonstrate that all United States Government agencies are pursuing a common strategy with respect to achieving international cooperation against money laundering and are pursuing a common strategy with respect to major money laundering countries, including a summary of United States objectives on a country-by-country basis.
(3)
The identity of those countries which are—
(A)
major illicit drug producing countries or major drug-transit countries as determined under section 490(h);
(B)
major sources of precursor chemicals used in the production of illicit narcotics; or
(C)
major money laundering countries.
(4)
In addition, for each country identified pursuant to paragraph (3), the following:
(A)
A description of the plans, programs, and timetables adopted by such country, including efforts to meet the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplishments achieved in accord with those plans.
(B)
Whether as a matter of government policy or practice, such country encourages or facilitates the illicit production or distribution of narcotic or psychotropic drugs or other controlled substances or the laundering of proceeds from illegal drug transactions; and whether any senior official of the government of such country engages in, encourages, or facilitates the illicit production or distribution of such drugs or substances, or the laundering of proceeds from illegal drug transactions.
(5)
In addition, for each country identified pursuant to paragraph (3)(A) or (3)(B), a detailed status report, with such information as can be reliably obtained, on the narcotic or psychotropic drugs or other controlled substances which are being cultivated, produced, or processed in or transported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances.
(6)
In addition, for those countries identified pursuant to paragraph (3)(C)—
(A)
which countries are parties to international agreements on a method for maintaining records of transactions of an established list of precursor and essential chemicals;
(B)
which countries have established a procedure by which such records may be made available to United States law enforcement authorities; and
(C)
which countries have enacted national chemical control legislation which would impose specific recordkeeping and reporting requirements for listed chemicals, establish a system of permits or declarations for imports and exports of listed chemicals, and authorize government officials to seize or suspend shipments of listed chemicals.
(7)
In addition, for those countries identified pursuant to paragraph (3)(D)14 the following:
^{14}
The reference to “paragraph (3)(D)” in subsection (a)(7) probably should be a reference to “paragraph (3)(C)”. See amendment made by section 101(f)(1)(B)(ii) of P.L. 103–447.
(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.
(9)
(A)
An assessment conducted by the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, of the extent to which any diplomatic efforts described in section 7217(a) of the Fentanyl Sanctions Act have been successful.
(B)
Each assessment required by subparagraph (A) shall include an identification of—
(i)
the countries the governments of which have agreed to undertake measures to apply economic or other financial sanctions to foreign traffickers of illicit opioids and a description of those measures; and
(ii)
the countries the governments of which have not agreed to measures described in clause (i), and, with respect to those countries, other measures the Secretary of State recommends that the United States take to apply economic and other financial sanctions to foreign traffickers of illicit opioids.
(10)
A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present.
(11)
A separate section that contains the following:
(A)
An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl, xylazine, and fentanyl analogues significantly affecting the United States during the preceding calendar year.
(B)
A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States.
(C)
A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;
(D)
A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)) ); and
(E)
A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.
(12)

Covered synthetic drugs and new psychoactive substances.—
(A)

Covered synthetic drugs.—
Information that contains an assessment of the countries significantly involved in the manufacture, production, transshipment, or trafficking of covered synthetic drugs, to include the following:
(i)
The scale of legal domestic production and any available information on the number of manufacturers and producers of such drugs in such countries.
(ii)
Information on any law enforcement assessments of the scale of illegal production of such drugs, including a description of the capacity of illegal laboratories to produce such drugs.
(iii)
The types of inputs used and a description of the primary methods of synthesis employed by illegal producers of such drugs.
(iv)
An assessment of the policies of such countries to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, shipment, and trafficking of such drugs and an assessment of the effectiveness of the policies’ implementation.
(B)

New psychoactive substances.—
Information on, to the extent practicable, any policies of responding to new psychoactive substances, to include the following:
(i)
Which governments have articulated policies on scheduling of such substances.
(ii)
Any data on impacts of such policies and other responses to such substances.
(iii)
An assessment of any policies the United States could adopt to improve its response to new psychoactive substances.
(C)

Definitions.—
In this paragraph, the terms “covered synthetic drug” and “new psychoactive substance” have the meaning given those terms in section 5558 of the FENTANYL Results Act.
(b)

Annual Reports on Assistance.—
(1)

In general.—
At the time that the report required by subsection (a) is submitted each year, the Secretary of State, in consultation with appropriate United States Government agencies, shall report to the appropriate committees of the Congress on the assistance provided or proposed to be provided by the United States Government during the preceding fiscal year, the current fiscal year, and the next fiscal year to support international efforts to combat illicit narcotics production or trafficking.
(2)

Information to be included.—
Each report pursuant to this subsection shall—
(A)
specify the amount and nature of the assistance provided or to be provided;
(B)
include, for each country identified in subsection (a)(3)(A), information from the Drug Enforcement Administration, the Customs Service, and the Coast Guard describing in detail—
(i)
the assistance provided or to be provided to such country by that agency, and
(ii)
the assistance provided or to be provided to that agency by such country,
with respect to narcotic control efforts during the preceding fiscal year, the current fiscal year, and the next fiscal year; and
(C)
list all transfers, which were made by the United States Government during the preceding fiscal year, to a foreign country for narcotics control purposes of any property seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity, including an estimate of the fair market value and physical condition of each item of property transferred.
[Section 489A repealed by section 1112(a) of Public Law 104–66 (109 Stat. 723).]
SEC. 490.
[22 U.S.C. 2291j]

ANNUAL CERTIFICATION PROCEDURES.
(a)

Withholding of Bilateral Assistance and Opposition to Multilateral Development Assistance.—
(1)

Bilateral assistance.—
Fifty percent of the United States assistance allocated each fiscal year in the report required by section 653 for each major illicit drug producing country, major drug-transit country, or country identified pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this Act shall be withheld from obligation and expenditure, except as provided in subsection (b). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A.
(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)) or country identified pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this Act, except as provided in subsection (b). For purposes of this paragraph, the term “multilateral development bank” means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development.
(b)

Certification Procedures.—
(1)

What must be certified.—
Subject to subsection (d), the assistance withheld from a country pursuant to subsection (a)(1) may be obligated and expended, and the requirement of subsection (a)(2) to vote against multilateral development bank assistance to a country shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by section 489(a), that—
(A)
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) be provided and that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2).
(2)

Considerations regarding cooperation.—
In making the determination described in paragraph (1)(A), the President shall consider the extent to which the country has—
(A)
met the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, including action on such issues as illicit cultivation, production, distribution, sale, transport and financing, and money laundering, asset seizure, extradition, mutual legal assistance, law enforcement and transit cooperation, precursor chemical control, and demand reduction;
(B)
accomplished the goals described in an applicable bilateral narcotics agreement with the United States or a multilateral agreement; and
(C)
taken legal and law enforcement measures to prevent and punish public corruption, especially by senior government officials, that facilitates the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, or that discourages the investigation or prosecution of such acts.
(3)

Information to be included in national interest certification.—
If the President makes a certification with respect to a country pursuant to paragraph (1)(B), the President shall include in such certification—
(A)
a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section and multilateral development bank assistance is not provided to such country; and
(B)
a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States in combating narcotics or to take adequate steps to combat narcotics on its own.
(c)

Licit Opium Producing Countries.—
The President may make a certification under subsection (b)(1)(A) with respect to a major illicit drug producing country, or major drug-transit country, that is a producer of licit opium only if the President determines that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.
(d)

Congressional Review.—
Subsection (e) shall apply if, within 30 calendar days after receipt of a certification submitted under subsection (b) at the time of submission of the report required by section 489(a), the Congress enacts a joint resolution disapproving the determination of the President contained in such certification.
(e)

Denial of Assistance for Countries Decertified.—
If the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in subsection (f) are satisfied—
(1)
funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; and
(2)
the requirement to vote against multilateral development bank assistance pursuant to subsection (a)(2) shall apply with respect to that country, without regard to the date specified in that subsection.
(f)

Recertification.—
Subsection (e) shall apply to a country described in that subsection until—
(1)
the President, at the time of submission of the report required by section 489(a), makes a certification under subsection (b)(1)(A) or (b)(1)(B) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) disapproving the determination of the President contained in that certification; or
(2)
the President, at any other time, makes the certification described in subsection (b)(1)(B) with respect to that country, except that this paragraph applies only if either—
(A)
the President also certifies that—
(i)
that country has undergone a fundamental change in government, or
(ii)
there has been a fundamental change in the conditions that were the reason—
(I)
why the President had not made a certification with respect to that country under subsection (b)(1)(A), or
(II)
if he had made such a certification and the Congress enacted a joint resolution disapproving the determination contained in the certification, why the Congress enacted that joint resolution; or
(B)
the Congress enacts a joint resolution approving the determination contained in the certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification.
(g)

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 Act.
[Section 490A repealed by section 1112(b) of Public Law 104–66 (109 Stat. 724).]
chapter 9—

International Disaster Assistance
Sec. 491.
[22 U.S.C. 2292]

Policy and General Authority.—
(a)
The Congress, recognizing that prompt United States assistance to alleviate human suffering caused by natural and manmade disasters is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such disasters.
(b)
Subject to the limitations in section 492, and notwithstanding any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country, international organization, or private voluntary organization, 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)

Emergency Food Security Program.—
(1)

In general.—
Subject to the limitations in section 492, and notwithstanding any other provision of this or any other Act, the President is authorized to make available emergency food assistance, including in the form of funds, transfers, vouchers, and agricultural commodities (including products derived from agricultural commodities) acquired through local or regional procurement, to meet emergency food needs arising from manmade and natural disasters.
(2)

Designation.—
Funds made available under this subsection shall be known as the “International Disaster Assistance – Emergency Food Security Program”.
(d)
In carrying out the provisions of this section the President shall insure that the assistance provided by the United States shall, to the greatest extent possible, reach those most in need of relief and rehabilitation as a result of natural and manmade disasters.
Sec. 492.
[22 U.S.C. 2292a]

Authorization.—
(a)
There are authorized to be appropriated to the President to carry out section 491, $3,905,460,000 for each of the fiscal years 2024 through 2028, of which up to $1,757,457,000 should be made available to carry out section 491(c). Amounts appropriated under this section are authorized to remain available until expended.
(b)
In addition to amounts otherwise available to carry out this chapter, up to $50,000,000 in any fiscal year may be obligated against appropriations under this part (other than this chapter) for use in providing assistance in accordance with the authorities and general policies of section 491. Amounts subsequently appropriated under this chapter with respect to a disaster may be used to reimburse any appropriation account against which obligations were incurred under this subsection with respect to that disaster.
(c)

Amounts in Addition to Other Amounts.—
Amounts authorized to be appropriated pursuant to the authorizations of appropriations under section 491(c) are in addition to funds otherwise available for such purposes.
(d)

Flexibility.—
(1)

United states policy.—
It is the policy of the United States that the funds made available to carry out section 491 are intended to provide the President with the greatest possible flexibility to address disaster-related needs as they arise and to prepare for and reduce the impact of natural and man-made disasters.
(2)

Sense of congress.—
It is the sense of Congress that any amendments to applicable legal provisions contained in this Act are not intended to limit such authorities.
(e)

Report.—
Not later than March 1 of each fiscal year, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that describes the activities undertaken by the President over the course of the prior fiscal year pursuant to section 491(c), including the amounts of assistance provided, intended beneficiaries, monitoring and evaluation strategies, anticipated outcomes, and, as practicable, actual outcomes.
Sec. 493.
[22 U.S.C. 2292b]

Disaster Assistance—Coordination.—
The President is authorized to appoint a Special Coordinator for International Disaster Assistance whose responsibility shall be to promote maximum effectiveness and coordination in responses to foreign disasters by United States agencies and between the United States and other donors. Included among the Special Coordinator's responsibilities shall be the formulation and updating of contingency plans for providing disaster relief.
chapter 10—

Development Fund for Africa
Sec. 496.
[22 U.S.C. 2293]

Long-Term Development Assistance for Sub-Saharan Africa.—
(a)

Findings.—
The Congress finds that—
(1)
drought and famine have caused countless deaths and untold suffering among the people of sub-Saharan Africa;
(2)
drought and famine in combination with other factors such as desertification, government neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in sub-Saharan Africa; and
(3)
the most cost-effective and efficient way of overcoming Africa's vulnerability to drought and famine is to address Africa's long-term development needs through a process that builds upon the needs and capabilities of the African people, promotes sustained and equitable economic growth, preserves the environment, and protects the rights of the individual.
(b)

Authority To Furnish Assistance.—
The President is authorized to furnish project and program assistance, on such terms and conditions as he may determine in accordance with the policies contained in this section, for long-term development in sub-Saharan Africa.
(c)

Purpose of Assistance.—
(1)

Purpose.—
The purpose of assistance under this section shall be to help the poor majority of men and women in sub-Saharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant.
(2)

Use of assistance to encourage private sector development.—
Assistance under this section should, in a manner consistent with paragraph (1), be used to promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector.
(d)

Application of Development Assistance General Authorities and Policies.—
Except to the extent inconsistent with this section—
(1)
any reference in any law to chapter 1 of this part (including references to sections 103 through 106) shall be deemed to include a reference to this section; and
(2)
assistance under this section shall be provided consistent with the policies contained in section 102.
(e)

Private and Voluntary Organizations.—
(1)

Consultation to ensure local perspectives.—
The Agency for International Development shall take into account the local-level perspectives of the rural and urban poor in sub-Saharan Africa, including women, during the planning process for project and program assistance under this section. In order to gain that perspective the Agency for International Development should consult closely with African, United States, and other private and voluntary organizations that have demonstrated effectiveness in or commitment to the promotion of local, grassroots activities on behalf of long-term development in sub-Saharan Africa as described in subsection (c).
(2)

Definition of private and voluntary organizations.—
For purposes of this section, the term “private and voluntary organization” includes (in addition to entities traditionally considered to be private and voluntary organizations) cooperatives, credit unions, trade unions, women's groups, nonprofit development research institutions, and indigenous local organizations, which are private and nonprofit.
(f)

Local Involvement in Project Implementation.—
Local people, including women, shall be closely consulted and involved in the implementation of every project under this section which as a local focus.
(g)

Participation of African Women.—
The Agency for International Development shall ensure that development activities assisted under this section incorporate a significant expansion of the participation (including decisionmaking) and integration of African women in each of the critical sectors described in subsection (i).
(h)

Types of Assistance.—
(1)

Projects and programs to address critical sectoral priorities.—
Assistance under this section shall emphasize primarily projects and programs to address critical sectoral priorities for long-term development described in subsection (i).
(2)

Reform of economic policies.—
(A)

Use of program assistance.—
Assistance under this section may also include program assistance to promote reform of sectoral economic policies affecting long-term development in sub-Saharan Africa as described in subsection (c), with primary emphasis on reform of economic policies to support the critical sectoral priorities described in subsection (i).
(B)

Protection of vulnerable groups.—
Assisted policy reforms shall also include provisions to protect vulnerable groups (especially poor, isolated, and female farmers, the urban poor, and children including displaced children) and long-term environmental interests from possible negative consequences of the reforms.
(3)

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) may also be furnished under this section to carry out the provisions of sections 103 through 106 of this Act.
(i)

Critical Sectoral Priorities.—
The critical sectoral priorities for long-term development, as described in subsection (c), 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 chapter for each of the following:
(1)
The activities described in subsection (i)(1)(B), including identifiable components of agricultural production projects.
(2)
The activities described in subsection (i)(2).
(3)
The activities described in subsection (i)(3).
(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), 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 chapter 1 of part I of this Act.
(2)

Transfer authorities.—
(A)
The transfer authority contained in section 109 of this Act shall not apply with respect to this section.
(B)
The transfer authority contained in section 610(a) of this Act 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 Act.
(3)

Reprogramming notifications.—
Section 634A of this Act 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 604(a) of this Act, 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 15 Act of 1986.
^{15}
Should read “Anti-Apartheid”.
(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 chapter 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.
Sec. 497.
[22 U.S.C. 2294]

Authorizations of Appropriations for the Development Fund for Africa.—
Funds appropriated to carry out this chapter are authorized to be made available until expended. It is the sense of the Congress that the authority of this subsection should be used to extend the period of availability of those funds whenever appropriate to improve the quality of assistance provided under section 496.
CHAPTER 11—

support for the economic and democratic development of the independent states of the former soviet union
SEC. 498.
[22 U.S.C. 2295]

ASSISTANCE FOR THE INDEPENDENT STATES.
The President is authorized to provide assistance to the independent states of the former Soviet Union under this chapter 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 498B(e), 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.
SEC. 498A.
[22 U.S.C. 2295a]

CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE INDEPENDENT STATES.
(a)

In General.—
In providing assistance under this chapter 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 chapter—
(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 the date of enactment of this chapter, 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 669 or 670 of this Act or sections 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991;
(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 498B(k)(3)) 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 Baltic states.
(c)

Exceptions to Ineligibility.—
Assistance prohibited by subsection (b) or any similar provision of law, other than assistance prohibited by the provisions referred to in subsection (b)(4), 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 the date of the enactment of this subsection, for an independent state of the former Soviet Union under this Act an amount equal to the sum of assistance and credits, if any, provided on or after such date 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).
SEC. 498B.
[22 U.S.C. 2295b]

AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.
(a)

Assistance Through Governments and Nongovernmental Organizations.—
Assistance under this chapter may be provided to governments or through nongovernmental organizations.
(b)

Technical and Managerial Assistance.—
Technical assistance under this chapter 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 chapter 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 chapter, the provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (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 chapter.
(d)

Cooperative Development and Research Projects.—
Assistance under this chapter 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 498, the President may exercise the same authorities as are available under section 534 of this Act, 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 chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter.
(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 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 498 with respect to the independent states of the former Soviet Union.
(h)

Procurement Restrictions.—
Funds made available for assistance under this chapter 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 unforeseen 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 chapter 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)).
(j)

Waiver of Certain Provisions.—
(1)

In general.—
Funds authorized to be appropriated for fiscal year 1993 by this chapter, and any other funds appropriated for fiscal year 1993 that are used under the authority of subsection (f) or (g), may be used to provide assistance under this chapter notwithstanding any other provision of law, except for—
(A)
this chapter;
(B)
section 634A of this Act and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act;
(C)
sections 669 and 670 of this Act and sections 306 and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1961, to the extent that they apply to assistance to governments; and
(D)
section 1341 of title 31, United States Code (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 chapter.
(k)

Definitions.—
(1)

Appropriate congressional committees.—
As used in this chapter, 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 chapter, the terms “independent states of the former Soviet Union” and “independent states” have the meaning given those terms by section 3 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.
(3)

Nonmarket based trade.—
As used in section 498A(b)(5), 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, United States Code, with each reference in such section to “a foreign state” deemed to be a reference to “Cuba”.
SEC. 498C.
[22 U.S.C. 2295c]

AUTHORIZATION OF APPROPRIATIONS.
(a)

In general.—
To carry out this chapter, 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) 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 chapter, including reimbursement of the Department of State for its incremental costs associated with assistance provided under this chapter.
(2)

Limitation on amount transferred.—
Not more than 2 percent of the funds made available for a fiscal year under subsection (a) 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 634A of this Act.
CHAPTER 12—

SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA
SEC. 499.
[22 U.S.C. 2296]

UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND RECOVERY FROM REGIONAL CONFLICTS.
(a)

Purpose of Assistance.—
The purposes of assistance under this section include—
(1)
the creation of the basis for reconciliation between belligerents;
(2)
the promotion of economic development in areas of the countries of the South Caucasus and Central Asia impacted by civil conflict and war; and
(3)
the encouragement of broad regional cooperation among countries of the South Caucasus and Central Asia that have been destabilized by internal conflicts.
(b)

Authorization for Assistance.—
(1)

In general.—
To carry out the purposes of subsection (a), 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).
(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) 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.
SEC. 499A.
[22 U.S.C. 2296a]

ECONOMIC ASSISTANCE.
(a)

Purpose of Assistance.—
The purpose of assistance under this section is to foster economic growth and development, including the conditions necessary for regional economic cooperation, in the South Caucasus and Central Asia.
(b)

Authorization for Assistance.—
To carry out the purpose of subsection (a), 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).
(c)

Activities Supported.—
In addition to the activities described in section 498, activities supported by assistance under subsection (b) should support the development of the structures and means necessary for the growth of private sector economies based upon market principles.
SEC. 499B.
[22 U.S.C. 2296b]

DEVELOPMENT OF INFRASTRUCTURE.
(a)

Purpose of Programs.—
The purposes of programs under this section include—
(1)
to develop the physical infrastructure necessary for regional cooperation among the countries of the South Caucasus and Central Asia; and
(2)
to encourage closer economic relations and to facilitate the removal of impediments to cross-border commerce among those countries and the United States and other developed nations.
(b)

Authorization for Programs.—
To carry out the purposes of subsection (a), 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):
(1)
Activities by the Export-Import Bank to complete the review process for eligibility for financing under the Export-Import Bank Act of 1945.
(2)
The provision of insurance, reinsurance, financing, or other assistance by the Overseas Private Investment Corporation 16.
^{16}
Section 1470(j)(2) of the BUILD Act of 2018 (division F of Public Law 115-254) provides for an amendment to strike “Overseas Private Investment Corporation” and insert “United States International Development Finance Corporation”. The law incorrectly references section 449B(b)(2) and probably should have referred to section 499B(b)(2). The corresponding U.S. Code citation in such Public Law corresponds to section 499B(b)(2).
(3)
Assistance under section 661 of this Act (relating to the Trade and Development Agency).
(c)

Activities Supported.—
Activities that may be supported by programs under subsection (b) 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.
SEC. 499C.
[22 U.S.C. 2296c]

BORDER CONTROL ASSISTANCE.
(a)

Purpose of Assistance.—
The purpose of assistance under this section includes the assistance of the countries of the South Caucasus and Central Asia to secure their borders and implement effective controls necessary to prevent the trafficking of illegal narcotics and the proliferation of technology and materials related to weapons of mass destruction (as defined in section 2332a(c)(2) of title 18, United States Code), and to contain and inhibit transnational organized criminal activities.
(b)

Authorization for Assistance.—
To carry out the purpose of subsection (a), 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).
(c)

Activities Supported.—
Activities that may be supported by assistance under subsection (b) include assisting those countries of the South Caucasus and Central Asia in developing capabilities to maintain national border guards, coast guard, and customs controls.
SEC. 499D.
[22 U.S.C. 2296d]

STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF CIVIL SOCIETY.
(a)

Purpose of Assistance.—
The purpose of assistance under this section is to promote institutions of democratic government and to create the conditions for the growth of pluralistic societies, including religious tolerance and respect for internationally recognized human rights.
(b)

Authorization for Assistance.—
To carry out the purpose of subsection (a), 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 116(e) of this Act.
(c)

Activities Supported.—
Activities that may be supported by assistance under subsection (b) include activities that are designed to advance progress toward the development of democracy.
SEC. 499E.
[22 U.S.C. 2296e]

ADMINISTRATIVE AUTHORITIES.
(a)

Assistance Through Governments and Nongovernmental Organizations.—
Assistance under this chapter 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 chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter.
(c)

Terms and Conditions.—
Assistance under this chapter shall be provided on such terms and conditions as the President may determine.
(d)

Available Authorities.—
The authority in this chapter 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 chapter 11 may be used to provide assistance under this chapter.
SEC. 499F.
[22 U.S.C. 2296f]

DEFINITIONS.
In this chapter:
(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.
PART II—
chapter 1—

Policy
Sec. 501.
[22 U.S.C. 2301]

Statement of Policy.—
The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except for individual or collective self-defense. The Congress hereby 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 this part 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 invasion.
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 this part.
It is the sense of the Congress that in the administration of this part 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.
Sec. 502.
[22 U.S.C. 2302]

Utilization of Defense Articles and Services.—
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.
Sec. 502A.
[Repealed by Public Law 104–164.]
Sec. 502B.
[22 U.S.C. 2304]

Human Rights.—
(a)
(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 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), that extraordinary circumstances exist warranting provision of such assistance and issuance of such licenses. Assistance may not be provided under chapter 5 of this part 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 3 of the International Religious Freedom Act of 1998; or
(B)
has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom when such efforts could have been reasonably undertaken.
(b)
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 3 of the International Religious Freedom Act of 1998). Wherever applicable, such report shall include 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 116(d)(8). 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 describe the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement. 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. In determining whether a government falls within the provisions of subsection (a)(3) 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)
(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)
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;
(2)
the term “security assistance” means—
(A)
assistance under chapter 2 (military assistance) or chapter 4 (economic support fund) or chapter 5 (military education and training) or chapter 6 (peacekeeping operations) or chapter 8 (antiterrorism assistance) of this part;
(B)
sales of defense articles or services, extensions of credits (including participations in credits)17, and guaranties of loans under the Arms Export Control Act; or
^{17}
Section 208(b)(2)(B) of Public Law 113–276 provides for an amendment to subsection (d)(2)(B) by striking “credits” and inserting “credits)”. The amendment was carried out to the second occurrence of the word “credits” in order to reflect the probable intent of Congress.
(C)
any license in effect with respect to the export to or for the armed forces, police, intelligence, or other internal security forces of a foreign country of—
(i)
defense articles or defense services under section 38 of the Armed Export Control Act (22 U.S.C. 2778); or
(ii)
items listed under the 600 series of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations;18
^{18}
So in law. The semicolon at the end of subparagraph (C) probably should be a period. See amendment made by section 206(2) of Public Law 113–276.
(e)
Notwithstanding any other provision of law, funds authorized to be appropriated under part I of this Act 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)
In allowing the funds authorized to be appropriated by this Act and the Arms Export Control Act, 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)
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)
(1)
The report required by subsection (b) shall include the following:
(A)
A description of the nature and extent of severe forms of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, in each foreign country.
(B)
With respect to each country that is a country of origin, transit, or destination for victims of severe forms of trafficking in persons, an assessment of the efforts by the government of that country to combat such trafficking. The assessment shall address the following:
(i)
Whether government authorities in that country participate in, facilitate, or condone such trafficking.
(ii)
Which government authorities in that country are involved in activities to combat such trafficking.
(iii)
What steps the government of that country has taken to prohibit government officials from participating in, facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.
(iv)
What steps the government of that country has taken to prohibit other individuals from participating in such trafficking, including the investigation, prosecution, and conviction of individuals involved in severe forms of trafficking in persons, the criminal and civil penalties for such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.
(v)
What steps the government of that country has taken to assist victims of such trafficking, including efforts to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.
(vi)
Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or with extradition treaties to which such country is a party, whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties so as to permit such cooperation.
(vii)
Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat severe forms of trafficking in persons.
(viii)
Whether the government of that country refrains from prosecuting victims of severe forms of trafficking in persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.
(ix)
Whether the government of that country recognizes the rights of victims of severe forms of trafficking in persons and ensures their access to justice.
(C)
Such other information relating to trafficking in persons as the Secretary of State considers appropriate.
(2)
In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations and other appropriate nongovernmental organizations.
(i)
The report required by subsection (b) shall include, wherever applicable—
(1)
a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;
(2)
an identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups; and
(3)
in countries where there are particularly severe violations of freedom of the press—
(A)
whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; and
(B)
what steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists.
(i)19

Child Marriage Status.—
^{19}
Two subsection (i)s' so in law. The second subsection (i) was added to the end of section 502B by section 1207(b)(2) of Public Law 113–4.
(1)

In general.—
The report required under subsection (b) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country.
(2)

Defined term.—
In this subsection, the term “child marriage” means the marriage of a girl or boy who is—
(A)
younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or
(B)
younger than 18 years of age, if no such law exists.
chapter 2—

Military Assistance
Sec. 503.
[22 U.S.C. 2311]

General Authority.—
(a)
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 from 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 non-combatant nature; or
(3)
transferring such of the funds appropriated or otherwise made available under this chapter 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 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. 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 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)
In addition to such other terms and conditions as the President may determine pursuant to subsection (a), 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); 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)
(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 the date of enactment of this subsection, to lend; and
(B)
to any defense article or defense service, or portion thereof, acquired with funds appropriated for military assistance under this Act.
Sec. 504.
[22 U.S.C. 2312]

Authorization.—
(a)
(1)
There are authorized to be appropriated to the President to carry out the purposes of this chapter $805,100,000 for the fiscal year 1986 and $805,100,000 for the fiscal year 1987.
(2)
Amounts appropriated under this subsection are authorized to remain available until expended.
(b)
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.
Sec. 505.
[22 U.S.C. 2314]

Conditions of Eligibility.—
(a)
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,
nsfer, 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)
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)
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)
(1)
Assistance and deliveries of assistance under this chapter to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, 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 502 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 502, 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 614(a) of this Act may not be used to waive the provisions of this section with respect to further assistance under this chapter.
(e)
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) 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) 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)
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 chapter 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. 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)
(1)
It is the policy of the United States that no assistance under this chapter 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 the Internal Revenue Code of 1954) from participating in the furnishing of defense articles or defense services under this chapter on the basis of race, religion, national origin, or sex.
(2)
(A)
No agency performing functions under this chapter 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 chapter 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 the Internal Revenue Code of 1954) 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 chapter, or education and training under chapter 5, 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—
(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.
Sec. 506.
[22 U.S.C. 2318]

Special Authority.—
(a)
(1)
If the President determines and reports to the Congress in accordance with section 652 of this Act 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 or any other law except this section;
he may direct, for the purposes of this part, 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 652 of this Act 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)
chapter 8 of part I (relating to international narcotics control assistance);
(II)
chapter 9 of part I (relating to international disaster assistance);
(III)
chapter 8 of part II (relating to antiterrorism assistance);
(IV)
chapter 9 of part II (relating to nonproliferation assistance); or
(V)
the Migration and Refugee Assistance Act of 1962; 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.
(3)
In addition to amounts already specified in this section, the President may 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, of an aggregate value of not to exceed $1,000,000,000 per fiscal year, to be provided to Taiwan.
(b)
(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), 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 634A.
(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)
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)
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.
Sec. 507.

Restrictions on Military Aid to Latin America.—
* * *
[Repealed—1973]
Sec. 508.

Restrictions on Military Aid to Africa.—
* * *
[Repealed—1973]
Sec. 509.

Certification of Recipient's Capability.—
* * *
[Repealed—1973]
Sec. 510.

Restrictions on Training Foreign Military Students.—
* * *
[Repealed—1976]
Sec. 511.
[22 U.S.C. 2321d]

Considerations in Furnishing Military Assistance.—
Decisions to furnish military assistance made under this part 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.
Sec. 512.

Military Assistance Advisory Groups and Missions.—
* * *
[Repealed—1973]
Sec. 513.

Military Assistance Authorizations for Thailand and Laos, and South Vietnam.—
* * *
[Repealed—1981]
Sec. 514.
[22 U.S.C. 2321h]

Stockpiling of Defense Articles for Foreign Countries.—
(a)
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 Act or the Arms Export Control Act, 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)
(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 $500,000,000 for any of the fiscal years 2023 through 2027.
(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, Taiwan, 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 634A(a) in accordance with the procedures applicable to reprogramming notifications under that section.
(d)
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.
Sec. 515.
[22 U.S.C. 2321i]

Overseas Management of Assistance and Sales Programs.—
(a)
In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms Export Control Act, 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)
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)
(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)
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 chapter or the Arms Export Control Act, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act.
(e)
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)
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.
SEC. 516.
[22 U.S.C. 2321j]

AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
(a)

Authorization.—
The President is authorized to transfer excess defense articles under this section to countries for which receipt of such articles was justified pursuant to the annual congressional presentation documents for military assistance programs, or for programs under chapter 8 of part I of this Act, submitted under section 634 of this Act, 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 620C of this Act.
(2)
Accordingly, for the four-year period beginning on October 1, 1996, and thereafter for the four-period 20 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.
^{20}
So in law. Should probably be “four-year period”.
(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, to Taiwan, 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 632(d) 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 chapter 5 of this part of this Act (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) 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 634A(a) 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 $500,000,000.
(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) 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.
SEC. 517.
[22 U.S.C. 2321k]

DESIGNATION OF MAJOR NON-NATO ALLIES.
(a)

Notice to Congress.—
The President shall notify the Congress in writing at least 30 days before—
(1)
designating a country as a major non-NATO ally for purposes of this Act 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.
[Secs. 518–520. Repealed by Public Law 104–164.]
chapter 3—

Foreign Military Sales
Sec. 521.

Administration of Sales Programs Involving Defense Articles and Services.—
* * *
[Repealed—1968]
Sec. 522.

Sales from Stock.—
* * *
[Repealed—1968]
Sec. 523.

Procurement of Sales.—
* * *
[Repealed—1968]
Sec. 524.
[22 U.S.C. 2344]

Reimbursements.—
(a)
Whenever funds made available for use under this part 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 purposes 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, repayment in foreign currency may be used to carry out this part. Such amounts of the appropriations made available under this part (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)
(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 this part, 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.
(3)
* * *
[Repealed—1968]
Sec. 525.

Guaranties.—
* * *
[Repealed—1968]
chapter 4—

Economic Support Fund
Note.—Section 202 of the Foreign Assistance Act of 1971 transferred the former Chapter 4 of Part I governing supporting assistance to its present location as Chapter 4 of Part II of the Act. Section 202(b) of the Foreign Assistance Act of 1971 provides as follows:
``Chapter 4 of part I of the Foreign Assistance Act of 1961 is hereby repealed. References to such chapter or any sections thereof shall hereafter 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, or to appropriate sections thereof. All references to part I of the Foreign Assistance Act of 1961 shall hereafter be deemed to be references also to chapter 4 of part II, and all references to part II of such Act shall be deemed not to include chapter 4 of such Part II.''.
In changing the title of chapter 4 from Security Supporting Assistance to Economic Support Fund, Sec. 10(b)(6) of the International Security Assistance Act of 1978 (92 Stat. 735) stated that, after September 30, 1978, any reference to security supporting assistance shall be deemed a reference to assistance provided under chapter 4 of part II of this Act.
Sec. 531.
[22 U.S.C. 2346]

Authority.—
(a)
The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries in amounts which could not be justified solely under chapter 1 of part I or, in the case of countries in sub-Saharan Africa, chapter 10 of part I. 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 chapter consistent with the policy directions, purposes, and programs of part I of this Act.
(b)
The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this chapter, 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 part I of this Act.
(c)
As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering this part shall provide a detailed justification for the uses and the purposes of the funds provided under this chapter. 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 chapter.
(d)
[Repealed by section 533(a)(5) of Public Law 105–277 (112 Stat. 2681–2681–180).]
(e)
Amounts appropriated to carry out this chapter shall be available for economic programs and may not be used for military or paramilitary purposes.
Sec. 532.
[22 U.S.C. 2346a]

Authorizations of Appropriations.—
(a)
There are authorized to be appropriated to the President to carry out the purposes of this chapter—
(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 chapter for recipients or purposes other than the countries referred to in paragraph (1).
(b)
Amounts appropriated to carry out this chapter are authorized to remain available until expended.
Sec. 533.
[22 U.S.C. 2346b]

Emergency Assistance.—
(a)
Of the funds appropriated to carry out this chapter 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 chapter when the national interests of the United States urgently require economic support to promote economic or political stability.
(b)
Notwithstanding any provision of this chapter or of an appropriations act (including a joint resolution making continuing appropriations) which earmarks funds available to carry out this chapter for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section.
Sec. 534.
[22 U.S.C. 2346c]

Administration of Justice.—
(a)
The President may furnish assistance under this chapter 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)
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 660 of this Act—
(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)
Not more than $20,000,000 of the funds made available to carry out this chapter for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes.
(d)
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 634A of this Act.
(e)
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.
SEC. 535
[22 U.S.C. 2346d]

PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.
(a)

Establishment.—
Beginning on the date that is one year after the date of enactment of this section, the Administrator of the United States Agency for International Development is authorized to establish a program to provide funding for projects to help build the foundation for peaceful co-existence between Israelis and Palestinians and for a sustainable two-state solution. The program established under this subsection shall be known as the “People-to-People Partnership for Peace Fund” (referred to in this section as the “Fund”).
(b)

Eligibility for Support.—
In providing funding for projects through the Fund, the Administrator may provide support for qualified organizations, prioritizing those organizations that seek to build better cooperation between Israelis and Palestinians, including Palestinian organizations, Israeli organizations, and international organizations that bring Israelis and Palestinians together.
(c)

Additional Eligibility for Support.—
In providing funding for projects through the Fund, the Administrator may additionally provide support to qualified organizations that further shared community building, peaceful co-existence, dialogue, and reconciliation between Arab and Jewish citizens of Israel.
(d)

Contributions.—
The Administrator—
(1)
is encouraged to work with foreign governments and international organizations to leverage the impact of United States resources and achieve the objectives of this section; and
(2)
is authorized to accept contributions for the purposes of the Fund, consistent with subsection (d) of section 635.
(e)

Advisory Board.—
(1)

Establishment.—
The Administrator shall establish an advisory board to make recommendations to the Administrator regarding the types of projects that should be considered for funding through the Fund.
(2)

Membership.—
(A)

In general.—
Subject to subparagraph (B), the advisory board shall be composed of 13 members, none of whom may be Members of Congress, who shall be appointed for renewable periods of 3 years, as follows:
(i)
One member to serve as chair, appointed by the Administrator, in consultation with the Secretary of State.
(ii)
One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Foreign Relations of the Senate.
(iii)
One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Foreign Affairs of the House of Representatives.
(iv)
One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Appropriations of the Senate.
(v)
One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Appropriations of the House of Representatives.
(vi)
One member appointed by the majority leader, and one member appointed by the minority leader, of the Senate.
(vii)
One member appointed by the Speaker, and one member appointed by the minority leader, of the House of Representatives.
(B)

International participation.—
The Administrator may appoint up to two additional members to the advisory board who are representatives of foreign governments or international organizations for renewable periods of 3 years.
(C)

Qualifications.—
Members of the advisory board shall have demonstrated regional expertise and experience and expertise in conflict mitigation and people-to-people programs, and shall not receive compensation on account of their service on the advisory board.
(f)

USAID Mission Recommendations.—
The Administrator shall consider the input and recommendations from missions of the United States Agency for International Development in the region and mission directors regarding projects that should be considered for funding through the Fund.
(g)

Coordination.—
The Administrator shall coordinate with the Secretary of State in carrying out the provisions of this section.
chapter 5—

International Military Education and Training
Sec. 541.
[22 U.S.C. 2347]

General Authority.—
(a)
The President is authorized to furnish, on such terms and conditions consistent with this Act 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 chapter from countries using assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763, 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 chapter.
Sec. 542.
[22 U.S.C. 2347a]

Authorization.—
There are authorized to be appropriated to the President to carry out the purposes of this chapter $56,221,000 for the fiscal year 1986 and $56,221,000 for the fiscal year 1987.
Sec. 543.
[22 U.S.C. 2347b]

Purposes.—
Education and training activities conducted under this chapter 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.
Sec. 544.
[22 U.S.C. 2347c]

Exchange Training.—
(a)
In carrying out this chapter, 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 chapter (notwithstanding section 632(d) of this Act), 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)
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 chapter (notwithstanding section 632(d) of this Act), 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)
(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 and integrated air and missile defense programs at training locations in Southwest Asia without charge to participating foreign countries, and without charge to funds available to carry out this chapter (notwithstanding section 632(d) of this Act). Such training must satisfy common requirements with the United States for post-undergraduate flying and tactical leadership training and integrated air and missile defense 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.
(4)
The President shall report to the appropriate congressional committees (as defined in section 656(e)) annually on the activities undertaken in the programs authorized under this subsection.
Sec. 545.
[22 U.S.C. 2347d]

Training in Maritime Skills.—
The President is encouraged to allocate a portion of the funds made available each fiscal year to carry out this chapter 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.
SEC. 546.
[22 U.S.C. 2347e]

PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME FOREIGN COUNTRIES.
(a)

In General.—
None of the funds made available for a fiscal year for assistance under this chapter may be made available for assistance on a grant basis for any of the high-income foreign countries described in subsection (b) 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.
SEC. 547.
[22 U.S.C. 2347f]

CONSULTATION REQUIREMENT.
The selection of foreign personnel for training under this chapter shall be made in consultation with the United States defense attache to the relevant country.
SEC. 548.
[22 U.S.C. 2347g]

RECORDS REGARDING FOREIGN PARTICIPANTS.
(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 chapter 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 549 of this Act, 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 549 of this Act 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.
SEC. 549.
[22 U.S.C. 2347h]

HUMAN RIGHTS REPORT.
(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 chapter in a violation of internationally recognized human rights reported under section 116(d) of this Act subsequent to such participation.
(b)

Form.—
The report described in subsection (a) shall be in unclassified form, but may include a classified annex.
chapter 6—

Peacekeeping Operations
Sec. 551.
[22 U.S.C. 2348]

General Authority.—
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 7 of the United Nations Participation Act of 1945, except that such reimbursements may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by this section.
Sec. 552.
[22 U.S.C. 2348a]

Authorization of Appropriations.—
(a)
There are authorized to be appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available for such purposes, $37,000,000 for the fiscal year 1986 and $37,000,000 for the fiscal year 1987.
(b)
Amounts appropriated under this section are authorized to remain available until expended.
(c)
If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this chapter 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 610(a) of this Act to transfer funds available to carry out chapter 4 of this part for use under this chapter 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 chapter, 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. In addition to the aggregate value of $25,000,000 authorized in paragraph (2) of the preceding sentence, the President may direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government for the purposes of providing necessary and immediate assistance to Taiwan of a value not to exceed $25,000,000 in any fiscal year.
(d)
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).
Sec. 553.
[22 U.S.C. 2348c]

Administrative Authorities.—
Except where expressly provided to the contrary, any reference in any law to part I of this Act shall be deemed to include reference to this chapter and any reference in any law to part II of this Act shall be deemed to exclude reference to this chapter.
SEC. 554.
[22 U.S.C. 2348d]

DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS.
(a)

United States Costs.—
The President shall annually provide to the Secretary General of the United Nations data regarding all costs incurred by the United States Department of Defense during the preceding year in support of all United Nations Security Council resolutions as reported to the Congress pursuant to section 8079 of the Department of Defense Appropriations Act, 1998.
(b)

United Nations Member Costs.—
The President shall request that the United Nations compile and publish information concerning costs incurred by United Nations members in support of such resolutions.
chapter 7—

Air Base Construction in Israel
Sec. 561.
[22 U.S.C. 2349]

General Authority.—
The President is authorized—
(1)
to construct such air bases in Israel for the Government of Israel as may be agreed upon between the Government of Israel and the Government of the United States to replace the Israeli airbases 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 562(a).
Sec. 562.
[22 U.S.C. 2349a]

Authorization and Utilization of Funds.—
(a)
There is authorized to be appropriated to the President to carry out this chapter not to exceed $800,000,000, which may be made available until expended.
(b)
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)
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, 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.
Sec. 563.
[22 U.S.C. 2349b]

Waiver Authorities.—
(a)
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 chapter, including the exercise of authority vested in him by section 633(a) of this Act.
chapter 8—

Antiterrorism Assistance
Sec. 571.
[22 U.S.C. 2349aa]

General Authority.—
Notwithstanding any other provision of law that restricts assistance to foreign countries (other than sections 502B and 620A of this Act), 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, kidnaping, 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.
Sec. 572.
[22 U.S.C. 2349aa–1]

Purposes.—
Activities conducted under this chapter 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.
Sec. 573.
[22 U.S.C. 2349aa–2]

Limitations.—
(a)
Whenever the President determines it to be consistent with and in furtherance of the purposes of this chapter, and on such terms and conditions consistent with this Act 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 chapter, to an eligible foreign country, subject to payment in advance of the value thereof (within the meaning of section 644(m)) 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 shall not be used for such payments. Collections under this chapter 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)
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 chapter and determinations of the nature of assistance to be furnished to each such country.
(c)
(1)21
Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance.
^{21}
The amendment made by section 121(b)(4) of Public Law 104–164 (110 Stat. 1428) could not be executed due to the amendment made by section 328(a)(2) of Public Law 104–132 (110 Stat. 1257) which amended subsection (d) (subsequently redesignated as subsection (c) by section 121(b)(3) of Public Law 104–164 (110 Stat. 1428)) to read as follows.
(2)
The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year shall not exceed 30 percent of the funds made available to carry out this chapter for that fiscal year.
(d)
This chapter does not apply to information exchange activities conducted by agencies of the United States Government under other authority for such purposes.
Sec. 574.
[22 U.S.C. 2349aa–4]

Authorizations of Appropriations.—
(a)
There are authorized to be appropriated to the President to carry out this chapter $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.
Sec. 575.
[22 U.S.C. 2349aa–5]

Administrative Authorities.—
Except where expressly provided to the contrary, any reference in any law to part I of this Act shall be deemed to include reference to this chapter and any reference in any law to part II of this Act shall be deemed to exclude reference to this chapter.
Sec. 577.
* * *
[Repealed—1985]
CHAPTER 9—

NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
SEC. 581.
[22 U.S.C. 2349bb]

PURPOSES.
The purposes of assistance under this chapter 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 503 and 504 of the FREEDOM Support Act (22 U.S.C. 5853, 5854), 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.
SEC. 582.
[22 U.S.C. 2349bb–1]

AUTHORIZATION OF ASSISTANCE.
Notwithstanding any other provision of law (other than section 502B or section 620A of this Act), 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 chapter. 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.
SEC. 583.
[22 U.S.C. 2349bb–2]

TRANSIT INTERDICTION.
(a)

Allocation of Funds.—
In providing assistance under this chapter, 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) 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.
SEC. 584.
[22 U.S.C. 2349bb–2a]

INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
(a)

General Authority.—
The President is authorized to furnish, on such terms and conditions consistent with this chapter (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.
SEC. 585.
[22 U.S.C. 2349bb–3]

LIMITATIONS.
The limitations contained in section 573(a) and (d) of this Act shall apply to this chapter.
SEC. 586.
[22 U.S.C. 2349bb–4]

AUTHORIZATION OF APPROPRIATIONS.
(a)

Authorization of Appropriations.—
There are authorized to be appropriated to the President to carry out this chapter $162,000,000 for fiscal year 2003.
(b)

Availability of Funds.—
Funds made available under subsection (a) may be used notwithstanding any other provision of law (other than section 502B or 620A) 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) shall be considered to be made available pursuant to this chapter.
(d)

Covered Activities.—
The activities referred to in subsection (c) 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 chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) or the FREEDOM Support Act (22 U.S.C. 5801 et seq.).
CHAPTER 10—

CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT) FUND
SEC. 591.
[22 U.S.C. 2349cc]

FINDINGS.
Congress makes the following findings:
(1)
Increasingly digitized and interconnected social, political, and economic systems have introduced new vulnerabilities for malicious actors to exploit, which threatens economic and national security.
(2)
The rapid development, deployment, and integration of information and communication technologies into all aspects of modern life bring mounting risks of accidents and malicious activity involving such technologies, and their potential consequences.
(3)
Because information and communication technologies are globally manufactured, traded, and networked, the economic and national security of the United State depends greatly on cybersecurity practices of other actors, including other countries.
(4)
United States assistance to countries and international organizations to bolster civilian capacity to address national cybersecurity and deterrence in cyberspace can help—
(A)
reduce vulnerability in the information and communication technologies ecosystem; and
(B)
advance national and economic security objectives.
SEC. 592.
[22 U.S.C. 2349cc-1]

AUTHORIZATION OF ASSISTANCE AND FUNDING FOR CYBERSPACE, DIGITAL CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT) CAPACITY BUILDING ACTIVITIES.
(a)

Authorization.—
The Secretary of State is authorized to provide assistance to foreign governments and organizations, including national, regional, and international institutions, on such terms and conditions as the Secretary may determine, in order to—
(1)
advance a secure and stable cyberspace;
(2)
protect and expand trusted digital ecosystems and connectivity;
(3)
build the cybersecurity capacity of partner countries and organizations; and
(4)
ensure that the development of standards and the deployment and use of technology supports and reinforces human rights and democratic values, including through the Digital Connectivity and Cybersecurity Partnership.
(b)

Scope of Uses.—
Assistance under this section may include programs to—
(1)
advance the adoption and deployment of secure and trustworthy information and communications technology (ICT) infrastructure and services, including efforts to grow global markets for secure ICT goods and services and promote a more diverse and resilient ICT supply chain;
(2)
provide technical and capacity building assistance to—
(A)
promote policy and regulatory frameworks that create an enabling environment for digital connectivity and a vibrant digital economy;
(B)
ensure technologies, including related new and emerging technologies, are developed, deployed, and used in ways that support and reinforce democratic values and human rights;
(C)
promote innovation and competition; and
(D)
support digital governance with the development of rights-respecting international norms and standards;
(3)
help countries prepare for, defend against, and respond to malicious cyber activities, including through—
(A)
the adoption of cybersecurity best practices;
(B)
the development of national strategies to enhance cybersecurity;
(C)
the deployment of cybersecurity tools and services to increase the security, strength, and resilience of networks and infrastructure;
(D)
support for the development of cybersecurity watch, warning, response, and recovery capabilities, including through the development of cybersecurity incident response teams;
(E)
support for collaboration with the Cybersecurity and Infrastructure Security Agency (CISA) and other relevant Federal agencies to enhance cybersecurity;
(F)
programs to strengthen allied and partner governments’ capacity to detect, investigate, deter, and prosecute cybercrimes;
(G)
programs to provide information and resources to diplomats engaging in discussions and negotiations around international law and capacity building measures related to cybersecurity;
(H)
capacity building for cybersecurity partners, including law enforcement and military entities as described in subsection (f);
(I)
programs that enhance the ability of relevant stakeholders to act collectively against shared cybersecurity threats;
(J)
the advancement of programs in support of the Framework of Responsible State Behavior in Cyberspace; and
(K)
the fortification of deterrence instruments in cyberspace; and
(4)
such other purpose and functions as the Secretary of State may designate.
(c)

Responsibility for Policy Decisions and Justification.—
The Secretary of State shall be responsible for policy decisions regarding programs under this chapter, with respect to—
(1)
whether there will be cybersecurity and digital capacity building programs for a foreign country or entity operating in that country;
(2)
the amount of funds for each foreign country or entity; and
(3)
the scope and nature of such uses of funding.
(d)

Detailed Justification for Uses and Purposes of Funds.—
The Secretary of State shall provide, on an annual basis, a detailed justification for the uses and purposes of the amounts provided under this chapter, including information concerning—
(1)
the amounts and kinds of grants;
(2)
the amounts and kinds of budgetary support provided, if any; and
(3)
the amounts and kinds of project assistance provided for what purpose and with such amounts.
(e)

Assistance and Funding Under Other Authorities.—
The authority granted under this section to provide assistance or funding for countries and organizations does not preclude the use of funds provided to carry out other authorities also available for such purpose.
(f)

Availability of Funds.—
Amounts appropriated to carry out this chapter may be used, notwithstanding any other provision of law, to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, and for contributions to international organizations and international financial institutions of which the United States is a member, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries.
(g)

Notification Requirements.—
Funds made available under this section shall be obligated in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act.
SEC. 593.
[22 U.S.C. 2349cc-2]

REVIEW OF EMERGENCY ASSISTANCE CAPACITY.
(a)

In General.—
The Secretary of State, in consultation as appropriate with other relevant Federal departments and agencies is authorized to conduct a review that—
(1)
analyzes the United States Government’s capacity to promptly and effectively deliver emergency support to countries experiencing major cybersecurity and ICT incidents;
(2)
identifies relevant factors constraining the support referred to in paragraph (1); and
(3)
develops a strategy to improve coordination among relevant Federal agencies and to resolve such constraints.
(b)

Report.—
Not later than one year after the date of the enactment of this chapter, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Oversight and Accountability of the House of Representatives a report that contains the results of the review conducted pursuant to subsection (a).
SEC. 594.
[22 U.S.C. 2349cc-3]

AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $150,000,000 during the 5-year period beginning on October 1, 2023, to carry out the purposes of this chapter.
PART III—
chapter 1—

General Provisions
Sec. 601.
[22 U.S.C. 2351]

Encouragement of Free Enterprise and Private Participation.—
(a)
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 Act (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)
In order to encourage and facilitate participation by private enterprise to the maximum extent practicable in achieving any of the purposes of this Act, the President shall—
(1)
make arrangements to find, and draw the attention of private enterprise to opportunities for investment and development in less developed 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 Act, 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 Act;
(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 Act 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 122 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 Act, 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);
(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)
(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 Act 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 of the United States Code 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 Act.
(d)
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 Act.
(e)
(1)
The Congress finds that significantly greater effort must be made in carrying out programs under part I of this Act 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 part I of this Act allow noncompetitive procedures to be used.
(2)
* * *
[Repealed—1981]
Sec. 602.
[22 U.S.C. 2352]

Small Business.—
(a)
Insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this Act, 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 Act—
(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 Act 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)
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)
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 part II, such information to be furnished as far in advance as possible.
Sec. 603.
[22 U.S.C. 2353]

Shipping on United States Vessels.—
The ocean transportation between foreign countries of commodities and defense articles purchased with foreign currencies made available or derived from funds made available under this Act or the Food for Peace Act as amended (7 U.S.C. 1691 et seq.), and transfers of fresh fruit and products thereof under this Act shall not be governed by the provisions of section 901(b) of the Merchant Marine Act of 1936, as amended (46 U.S.C. 1241), or any other law relating to the ocean transportation of commodities on United States flag vessels.
Sec. 604.
[22 U.S.C. 2354]

Procurement.—
(a)
(1)

Limitations on Procurement Outside the United States.—
Funds made available for assistance under this Act 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)
No funds made available under this Act 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)
In providing for the procurement of any agricultural commodity or product thereof available for disposition under the Food for Peace Act as amended, for transfer by grant under this Act to any recipient country in accordance with its requirements, the President shall, insofar as practicable and when in furtherance of the purposes of this Act, 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 Act.
(d)
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)
No funds made available under this Act 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 produced in the United States in fulfillment of the objectives of a particular assistance program under which such commodity procurement is to be financed.
(f)
No funds authorized to be made available to carry out part I of this Act 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 part 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 Act.
(g)
(1)
None of the funds authorized to be appropriated or made available for obligation or expenditure under this Act 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 chapter 1 of part I or chapter 4 of part II of this Act, 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.
Sec. 605.
[22 U.S.C. 2355]

Retention and Use of Certain Items and Funds.—
(a)
Any commodities and defense articles procured to carry out this Act 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)
Whenever commodities are transferred to the United States Government as repayment of assistance under this Act, such commodities may be used in furtherance of the purposes and within the limitations of this Act.
(c)
Funds realized as a result of any failure of a transaction financed under authority of part I of this Act to conform to the requirements of this Act, 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 part I of this Act, 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 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.
Sec. 606.
[22 U.S.C. 2356]

Patents and Technical Information.—
(a)
Whenever, in connection with the furnishing of assistance under this Act—
(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 of the United States Code shall apply to inventions and information covered by this section.
(b)
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)
Funds appropriated pursuant to this Act 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.
Sec. 607.
[22 U.S.C. 2357]

Furnishing of Services and Commodities.—
(a)
Whenever the President determines it to be consistent with and in furtherance of the purposes of part I and within the limitations of this Act, 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 2(b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526), 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 chapter 1 of part I of this Act, 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)
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 Civil Service Commission.
(c)
(1)
Except as provided in subsection (d), no Government-owned excess property shall be made available under this section, section 608, or otherwise in furtherance of the purposes of part I of this Act, 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 part 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.
(d)
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), Government-owned excess property made available under this section or section 608 in order to support activities carried out under part I of this Act 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.
Sec. 608.
[22 U.S.C. 2358]

Advance Acquisition of Property.—
(a)
It is the sense of the Congress that in furnishing assistance under part I excess personal property, or (if a substantial savings would occur) other property already owned by an agency of the United States Government, should 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 1210 of the General Appropriation Act, 1951 (64 Stat. 765), be free from fiscal year limitations, $5,000,000 of funds made available under chapter 1 of part I, 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 (40 U.S.C. 471 et seq.), 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 part I: Provided, That the amount of property classified as domestic excess property pursuant to the Federal Property and Administrative Services Act of 1949, as amended, 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 part I 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 607, in which case such separate account shall be repaid in accordance with the provisions of that section for all costs incurred.
(b)
Property classified as domestic excess property under the Federal Property and Administrative Services Act of 1949, as amended, shall not be transferred to the agency primarily responsible for administering part I for use pursuant to the provisions of part I or section 607 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 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, that such property is not needed for donation pursuant to that subsection. The foregoing restrictions shall not apply to the transfer in any fiscal year for use pursuant to the provisions of part I of amounts of such property with a total original acquisition cost to the United States Government not exceeding $45,000,000.
Sec. 609.
Repealed by section 533(a)(5) of Public Law 105–277 (112 Stat. 2681–180.
Sec. 610.
[22 U.S.C. 2360]

Transfer Between Accounts.—
(a)
Whenever the President determines it to be necessary for the purposes of this Act, not to exceed 10 per centum of the funds made available for any provision of this Act (except funds made available pursuant to title IV of chapter 2 of part I or for section 23 of the Arms Export Control Act) may be transferred to, and consolidated with, the funds made available for any provision of this Act, (except funds made available under chapter 2 of part II of this Act) 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)
The authority contained in this section and in sections 451, 506, and 614 shall not be used to augment appropriations made available pursuant to sections 636(g)(1) and 637 or used otherwise to finance activities which normally would be financed from appropriations for administrative expenses.
(c)
Any funds which the President has notified Congress pursuant to section 653 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.
Sec. 611.
[22 U.S.C. 2361]

Completion of Plans and Cost Estimates.—
(a)
No agreement or grant which constitutes an obligation of the United States Government in excess of $500,000 under section 1501 of title 31, United States Code, shall be made for any assistance authorized under chapter I of part I, title II of chapter 2 of part I, or chapter 4 of part II—
(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 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)
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)
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)
In addition to any other requirements of this section, no assistance authorized under chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II 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 part I of the Act 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.
Sec. 612.
[22 U.S.C. 2362]

Use of Foreign Currencies.—
(a)
Except as otherwise provided in this Act 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 the date prior to the effective date of this Act, or (2) on or after the effective date of this Act, 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 part I, which are in excess of the amounts reserved under authority of section 105(d) of the Mutual Educational and Cultural Exchange Act of 1961 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 part I in such amounts as may be specified from time to time in appropriation Acts.
(b)
Any Act of Congress making appropriations to carry out programs under this 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 Act 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)
In addition to funds otherwise available, excess foreign currencies, as defined in subsection (b), 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)
In furnishing assistance under this Act 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 Food for Peace Act, as amended, 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 Act would themselves be available.
Sec. 613.
[22 U.S.C. 2363]

Accounting, Valuation, Reporting, and Administration of Foreign Currencies.—
(a)
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.
(c)
* * *
[Repealed—1981]
(d)
In cases where assistance is to be furnished to any recipient country in furtherance of the purposes of this 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 depositories: 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.
Sec. 614.
[22 U.S.C. 2364]

Special Authorities.—
(a)
(1)
The President may authorize the furnishing of assistance under this Act without regard to any provision of this Act, 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 this Act, in furtherance of any of the purposes of this 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 important to the security interests of the United States.
(2)
The President may make sales, extend credit, and issue guarantees under the Arms Export Control Act, without regard to any provision of this Act, 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;
(ii)
the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act; and
(iii)
the use of more than $100,000,000 of foreign currencies accruing under this Act 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 Act 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 610(a) of this Act.
(b)
Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of chapter 4 of part I 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)
The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this Act 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.
Sec. 615.
[22 U.S.C. 2365]

Contract Authority.—
Provisions of this Act 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.
Sec. 616.
[22 U.S.C. 2366]

Availability of Funds.—
Except as otherwise provided in this Act, funds shall be available to carry out the provisions of this Act as authorized and appropriated to the President each fiscal year.
SEC. 617.
[22 U.S.C. 2367]

TERMINATION EXPENSES.
(a)

In General.—
Funds made available under this Act and the Arms Export Control Act, may remain available for obligation for a period not to exceed 8 months from the date of any termination of assistance under such Acts 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 Acts 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 Acts 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 or any other Act requiring the termination of assistance under this 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.
SEC. 618.
[22 U.S.C. 2368]

ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
(a)

Assistance.—
(1)

In general.—
If the President determines that it is in the national security interests of the United States for United States civilian agencies or non-Federal employees to assist in reconstructing and stabilizing a country or region that is at risk of, in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 614(a)(3), but notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to such country or region for reconstruction or stabilization using funds described in paragraph (2).
(2)

Funds described.—
The funds referred to in paragraph (1) are funds made available under any other provision of this Act, and transferred or reprogrammed for purposes of this section, and such transfer or reprogramming shall be subject to the procedures applicable to a notification under section 634A of this Act.
(3)

Rule of construction.—
Nothing in this section shall be construed to provide authority to transfer funds between accounts or between Federal departments or agencies.
(b)

Limitation.—
The authority contained in this section may be exercised only during fiscal years 2009, 2010, and 2011.
Sec. 619.

Assistance to Newly Independent Countries.—
* * *
[Repealed—1978]
Sec. 620.
[22 U.S.C. 2370]

Prohibitions Against Furnishing Assistance.—
(a)22
(1)
No assistance shall be furnished under this Act 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.
^{22}
Section 204(d)(1) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (P.L. 104–114) states:
(d) Conforming Amendments.—On the date on which the President submits a determination under section 203(c)(3)—
(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed;
Section 203(c)(3) of P.L. 104–114 states:
(3) Implementation with respect to democratically elected government.—The President shall, upon determining that a democratically elected government in Cuba is in power, submit that determination to the appropriate congressional committees and shall, subject to an authorization of appropriations and subject to the availability of appropriations, commence the delivery and distribution of assistance to such democratically elected government under the plan developed under section 202(b).
(2)
Except as may be deemed necessary by the President in the interest of the United States, no assistance shall be furnished under this Act 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—1981]
(c)
No assistance shall be provided under this Act 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)
No assistance shall be furnished on a loan basis under chapter 1 of part I of this Act 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 20 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)
(1)
The President shall suspend assistance to the government of any country to which assistance is provided under this 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 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 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 paragraph (1) of this section), 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 subject 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 claim of title or other right 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)
(1)
No assistance shall be furnished under this Act, as amended (except section 214(b)), to any Communist country. This restriction may not be waived pursuant to any authority contained in this Act 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 23.
^{23}
Section 204(d) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (P.L. 104–114) states:
(d) Conforming Amendments.—On the date on which the President submits a determination under section 203(c)(3)—
* * * * * * *
(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(f)) is amended by striking “Republic of Cuba”;
Section 203(c)(3) of P.L. 104–114 states:
(3) Implementation with respect to democratically elected government.—The President shall, upon determining that a democratically elected government in Cuba is in power, submit that determination to the appropriate congressional committees and shall, subject to an authorization of appropriations and subject to the availability of appropriations, commence the delivery and distribution of assistance to such democratically elected government under the plan developed under section 202(b).
The amendment probably should have included a period after the term “Republic of Cuba”.
Socialist Republic of Vietnam.
Tibet.
(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)
Notwithstanding any other provision of law, no monetary assistance shall be made available under this Act 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 Act 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)
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).
(i)
[Repealed—1981]
(j)
The President shall consider terminating assistance under this 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)
Without the express approval of Congress, no assistance shall be furnished under this Act 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 506, no military 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 Act or of appropriations pursuant to authorizations contained in this Act. No provision of this or any other Act shall be construed to authorize the President to waive the provisions of this subsection.
(l)
The President shall consider denying assistance under this Act 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 234(a)(1) of this Act, providing protection against the specific risks of inconvertibility under subparagraph (A), and expropriation or confiscation under subparagraph (B), of such section 234(a)(1).
(m)
[Repealed—1981]
(n)
[Repealed—1977]
(o)
In determining whether or not to furnish assistance under this Act, 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—1974]
(q)
(1)24
No assistance shall be furnished under this Act to the government of 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 the government of such country under this Act, unless the government of such country meets its obligations under the loan or unless the President determines, after consultation with 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, that assistance for the government of such country is in the national interest of the United States.
^{24}
Margin for paragraphs (1) and (2), as added by section 5701(1) of division E of Public Law 117-81, are so in law.
(2)
No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.
(r)
No recipient of a loan made under the authority of this Act, any part of which is outstanding on or after the date of enactment of this subsection, shall be relieved of liability for the repayment of any part of the principal of or interest on such loan.
(s)
(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 Act, and before making sales under the Food for Peace Act, as amended:
(A)
the percentage of the recipient or purchasing country's budget which is devoted to military purposes; and
(B)
the degree to which the recipient or purchasing country is using its foreign exchange or other resources to acquire military equipment.
(2)
The President shall report annually to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate his actions in carrying out this provision.
(t)
No assistance shall be furnished under this or any other Act and no sales shall be made under the Food for Peace Act, 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)
In any decision to provide or continue to provide any program of assistance to any country under the Foreign Assistance Act of 1961, as amended, 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—1974]
(w)
[Repealed—1978]
(x)
(1)
All military assistance, all sales of defense articles and services (whether for cash or by credit, guaranty, or any other means), and all licenses with respect to the transportation of arms, ammunitions, and implements of war (including technical data relating thereto) to the Government of Turkey, shall be suspended on the date of enactment of this subsection unless and until the President determines and certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance Act of 1961, the Foreign Military Sales Act, and any agreement entered into under such Acts, and that substantial progress toward agreement has been made regarding military forces in Cyprus: Provided, That for the fiscal year 1978 the President may suspend the provisions of this subsection and of section 3(c) of the Arms Export Control Act with respect to cash sales and extensions of credits and guaranties under such Act for the procurement of such defense articles and defense services as the President determines are necessary to enable Turkey to fulfill her defense responsibilities as a member of the North Atlantic Treaty Organization, except that during the fiscal year 1978 the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and guaranties, shall not exceed $175,000,000. Any such suspension shall be effective only so long as Turkey observes the cease-fire on Cyprus, does not increase its military forces or its civilian population on Cyprus, and does not transfer to Cyprus any United States supplied arms, ammunition, or implements of war. The determination required by the proviso in the first sentence of this paragraph shall be made, on a case-by-case basis, with respect to each cash sale, each approval for use of credits, and each approval for use of a guaranty for Turkey. Each such determination shall be reported to the Congress and shall be accompanied by a full and complete statement of the reasons supporting the President's determination and a statement containing the information specified in clauses (A) through (D) of section 2(c)(4) of the Act of October 6, 1975 (Public Law 94–104). In any case involving the sale of significant combat equipment on the United States Munitions List in which the congressional review provisions of section 36(b) of the Arms Export Control Act do not apply, the President may not issue the letter of offer or approve the use of the credits or guaranty, as the case may be, until the end of the thirty-day period beginning on the date on which the report required by the preceding sentence is submitted to the Congress.
(2)
The President shall submit to the Congress within 60 days after the enactment of this paragraph and at the end of such succeeding sixty-day period, a report on progress made during such period toward the conclusion of a negotiated solution of the Cyprus conflict.
(y)
(1)
Except as provided in paragraph (2), the President shall withhold from amounts made available under this Act 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.
SEC. 620A.
[22 U.S.C. 2371]

PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM.
(a)

Prohibition.—
The United States shall not provide any assistance under this Act, the Food for Peace Act, the Peace Corps Act, or the Export-Import Bank Act of 1945 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), including each determination in effect on the date of the enactment of the Antiterrorism and Arms Export Amendments Act of 1989, shall be published in the Federal Register.
(c)

Rescission.—
A determination made by the Secretary of State under subsection (a) 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;
(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) 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), except that humanitarian reasons may not be used to justify assistance under part II of this Act (including chapter 4, chapter 6, and chapter 8), or the Export-Import Bank Act of 1945; 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 the Foreign Assistance Act of 1961 which is also prohibited by section 40 of the Arms Export Control Act.
Sec. 620B.

Prohibition Against Assistance and Sales to Argentina.—
* * *
[Repealed—1981]
Sec. 620C.
[22 U.S.C. 2373]

United States Policy Regarding the Eastern Mediterranean.—
(a)
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 620(x) of this Act 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 in, 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)
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 Act, the Arms Export Control Act, 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)
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)
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 Act or the Arms Export Control Act 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, of a proposed sale of defense articles or services to Greece or Turkey.
(e)
(1)
Except as provided in paragraph (3), 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) entered into by the United States after the enactment of this provision 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.
(3)
The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.
(3)25
The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.
^{25}
The second paragraph (3) is a duplicate and was added by section 205(b)(2) of division J of Public Law 116-94
[Section 620D repealed by section 7104(l) of Public Law 108–458 (118 Stat. 3788).]
Sec. 620E.
[22 U.S.C. 2375]

Assistance to Pakistan.—
(a)
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)
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)
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)26
The President may waive the prohibitions of section 101 of the Arms Export Control Act 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.
^{26}
Section 822(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103–236) amended section 620E(d) of the Foreign Assistance Act of 1961 to read as shown above.
Section 851 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103–236) provides that on “the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act, the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law repealed by those parts shall be reenacted.”
(e)
(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 Act 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)27
The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of:
^{27}
The margins for paragraphs (2) through (4) are so in law.
(A)
International narcotics control (including chapter 8 of part I of this Act) or any provision of law available for providing assistance for counternarcotics purposes.
(B)
Facilitating military-to-military contact, training (including chapter 5 of part II of this Act) and humanitarian and civic assistance projects.
(C)
Peacekeeping and other multilateral operations (including chapter 6 of part II of this Act 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 chapter 8 of part II of this Act 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) 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.—
Section 620E(e) 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 11B of the Export Administration Act of 1979 or section 73 of the Arms Export Control Act.
SEC. 620F.
[22 U.S.C. 2376]

NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA.
(a)

Findings.—
The Congress finds that—
(1)
the proliferation of weapons of mass destruction remains one of the most serious threats to international peace and stability;
(2)
South Asia, in particular, is an area where the threat of a regional nuclear exchange remains high due to continued Indo-Pakistani tensions over issues such as Kashmir;
(3)
to date, United States efforts to halt proliferation in South Asia have failed;
(4)
although global disarmament is a desirable goal which should be vigorously pursued, both regional and sub-regional security arrangements can serve to decrease tensions and promote non-proliferation in certain areas;
(5)
thus far, there has been some success on a regional basis, such as the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America;
(6)
in particular, in Latin America, the Treaty of Tlatelolco has been signed by all the nuclear powers;
(7)
a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty;
(8)
in 1991, a proposal was made for a regional conference on non-proliferation in South Asia which would include Pakistan, India, the People's Republic of China, the Soviet Union, and the United States; and
(9)
thus far, Pakistan, China, Russia, and the United States have expressed interest in attending such a conference, whereas India has refused to attend.
(b)

Policy.—
It is the sense of the Congress that the President should pursue a policy which seeks a regional negotiated solution to the issue of nuclear non-proliferation in South Asia at the earliest possible time, including a protocol to be signed by all nuclear weapons states, prohibiting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Proliferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nuclear issues, such as the agreement reached by Pakistan and India not to attack one another's nuclear facilities.
SEC. 620G.
[22 U.S.C. 2377]

PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES.
(a)

Withholding of Assistance.—
The President shall withhold assistance under this Act 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 620A.
(b)

Waiver.—
Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) 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.
SEC. 620H.
[22 U.S.C. 2378]

PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES.
(a)

Prohibition.—
(1)

In general.—
The President shall withhold assistance under this Act 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 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 196128 (22 U.S.C. 2371).
^{28}
The reference to “620A of the Foreign Assistance Act of 1961” in subsection (a)(1) as added by section 326 of the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104–131; 110 Stat. 1256) probably should be to “620A of this Act”.
(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 the date of enactment of this Act.
(b)

Waiver.—
Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) 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.
Sec. 620I.

Prohibition on Assistance to Countries That Restrict United States Humanitarian Assistance.—
(a)

In general.—
No assistance shall be furnished under this Act or the Arms Export Control Act 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) 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), 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.
SEC. 620J.
[22 U.S.C. 2378a]

DEPLETED URANIUM AMMUNITION.
(a)

Prohibition.—
Except as provided in subsection (b), none of the funds made available to carry out this Act 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 644(q)); or
(3)
Taiwan.
(b)

Exception.—
The prohibition contained in subsection (a) 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.
SEC. 620K.
[22 U.S.C. 2378b]

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
(a)

Limitation.—
Assistance may be provided under this Act 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 Act 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 634A(a) of this Act.
(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 634A 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 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(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.
SEC. 620L.
[22 U.S.C. 2378c]

LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
(a)

Limitation.—
Assistance may be provided under this Act to nongovernmental organizations for the West Bank and Gaza only during a period for which a certification described in section 620K(b) 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 Act 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 Act 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 634A(a) of this Act.
(e)

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 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
SEC. 620M.
[22 U.S.C. 2378d]

LIMITATION ON ASSISTANCE TO SECURITY FORCES.
(a)

In General.—
No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible information that such unit has committed a gross violation of human rights.
(b)

Exception.—
The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the appropriate congressional committees that the government of such country is taking effective steps to bring the responsible members of the security forces unit to justice.
(c)

Duty to Inform.—
(1)
If assistance to a foreign security force is provided in a manner in which the recipient unit or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list of units prohibited from receiving assistance pursuant to this section to the recipient government and the appropriate congressional committees and, effective December 31, 2022, such assistance shall only be made available subject to a written agreement that the recipient government will comply with such prohibition.
(2)
If the recipient government withholds assistance from a unit pursuant to this section, the Secretary shall inform the appropriate congressional committees and shall, to the maximum extent practicable, assist the foreign government in bringing the responsible members of the unit to justice.
(d)

Credible Information.—
The Secretary shall establish, and periodically update, procedures to—
(1)
ensure that for each country the Department of State has a current list of all security force units receiving United States training, equipment, or other types of assistance;
(2)
facilitate receipt by the Department of State and United States embassies of information from individuals and organizations outside the United States Government about gross violations of human rights by security force units;
(3)
routinely request and obtain such information from the Department of Defense, the Central Intelligence Agency, and other United States Government sources;
(4)
ensure that such information is evaluated and preserved;
(5)
ensure that when an individual is designated to receive United States training, equipment, or other types of assistance the individual's unit is vetted as well as the individual;
(6)
seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and
(7)
make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall be furnished pursuant to subsection (a).
(e)

Definitions.—
(1)
For the purposes of subsection (d)(7), the term “to the maximum extent practicable” means that the identity of such units shall be made publicly available unless the Secretary of State, on a case-by-case basis, determines and reports to the appropriate congressional committees that public disclosure is not in the national security interest of the United States and provides a detailed justification for such determination, which may be submitted in classified form.
(2)
For the purposes of this section, “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
chapter 2—

Administrative Provisions
Sec. 621.
[22 U.S.C. 2381]

Exercise of Functions.—
(a)
The President may exercise any functions conferred upon him by this Act 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 Act, 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)
The President shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this Act. 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 Act; or (2) committing a fraud in the procurement or performance of any contract financed with funds made available under this Act; 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 Act. 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.
Sec. 621A.
[22 U.S.C. 2381a]

Strengthened Management Practices.—
(a)
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)
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.
(c)
* * *
[Repealed—1978]
Sec. 622.
[22 U.S.C. 2382]

Coordination With Foreign Policy.—
(a)
Nothing contained in this Act shall be construed to infringe upon the powers or functions of the Secretary of State.
(b)
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)
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.
Sec. 623.
[22 U.S.C. 2383]

The Secretary of Defense.—
(a)
In the case of assistance under part II of this Act, 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.
Sec. 624.
[22 U.S.C. 2384]

Statutory Officers.—
(a)
The President may appoint, by and with the advice and consent of the Senate, twelve officers in the agency primarily responsible for administering part I, and in the selection of one of such persons due consideration shall be given to persons qualified as professional engineers.
(b)
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)
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 621, 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 part I, without further action by the Senate.
(d)
* * *
[Repealed—1978]
(e)
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.
(f)
* * *
[Repealed—1994 Pub. L. 103–236]
(g)
* * *
[Repealed—1981]
Sec. 625.
[22 U.S.C. 2385]

Employment of Personnel.—
(a)
Any agency or officer of the United States Government carrying out functions under this Act is authorized to employ such personnel as the President deems necessary to carry out the provisions and purposes of this Act.
(b)
Of the personnel employed in the United States to carry out part I or coordinate part I and part II, 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 of the United States Code, 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 of the United States Code.
(c)
Of the personnel employed in the United States to carry out part II, or any Act superseding part II 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 of the United States Code, 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 of the United States Code.
(d)
For the purpose of performing functions under this Act 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, or under chapter 53 of title 5, United States Code, or at any other rate authorized by law, together with allowances and benefits under the Foreign Service Act of 1980. 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 for individuals appointed to the Foreign Service.
(e)
* * *
[Repealed—1981]
(f)
Funds provided for in agreements with foreign countries for the furnishing of services under this Act 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 part I or part II of this Act) as well as personnel not employed by the United States Government.
(g)
* * *
[Repealed—1981]
(h)
Notwithstanding any other provision of law, officers and employees of the United States Government performing functions under this Act 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)
To the maximum extent practicable officers and employees performing functions under this Act abroad shall be assigned to countries and positions for which they have special competence, such as appropriate language and practical experience.
(j)
(1)
(A)
To facilitate the assignment of persons to Iraq, Pakistan, and Afghanistan or to posts vacated by members of the Service assigned to Iraq, Pakistan, 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, United States Code, 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 September 30, 2026. 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, United States Code.
(k)

Crisis Operations and Disaster Surge Staffing.—
(1)
The United States Agency for International Development is authorized to appoint personnel in the excepted service using funds authorized to be appropriated or otherwise made available under the heading “Transition Initiatives” in an Act making appropriations for the Department of State, Foreign Operations, and Related Programs and to carry out the provisions of part I and chapter 4 of part II of this Act of and section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94) to prevent or respond to foreign crises.
(2)
Funds authorized to carry out such purposes may be made available for the operating expenses and administrative costs of such personnel and may remain attributed to any minimum funding requirement for which they were originally made available.
(3)
The Administrator of the United States Agency for International Development shall coordinate with the Office of Personnel Management on implementation of the appointment authority under paragraph (1).
(4)
Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Administrator shall submit to the appropriate congressional committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and the Committee on Appropriations of the House of Representatives a report regarding the continued need for and utilization of the authority pursuant to this subsection.
Sec. 626.
[22 U.S.C. 2386]

Experts, Consultants, and Retired Officers.—
(a)
Experts and consultants or organizations thereof may, as authorized by section 3109 of title 5 of the United States Code, be employed for the performance of functions under this Act, 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, United States Code, 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)
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 of the United States Code.
(c)
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 Act in accordance with the provisions of section 710(b) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2160(b)), and regulations issued thereunder.
Sec. 627.
[22 U.S.C. 2387]

Detail of Personnel to Foreign Governments.—
Whenever the President determines it to be in furtherance of the purposes of this Act, 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.
Sec. 628.
[22 U.S.C. 2388]

Detail of Personnel to International Organizations.—
Whenever the President determines it to be consistent with and in furtherance of the purposes of this Act, 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.
Sec. 629.
[22 U.S.C. 2389]

Status of Personnel Detailed.—
(a)
Any officer or employee, while assigned or detailed under section 627 or 628 of this Act, 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 Act.
(b)
Any officer or employee assigned, detailed, or appointed under section 627, 628, 631, or 624(d) of this Act is authorized to receive under such regulations as the President may prescribe, representation allowances similar to those allowed under section 905 of the Foreign Service Act of 1980. 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 of the United States Code.
Sec. 630.
[22 U.S.C. 2390]

Terms of Detail or Assignment.—
Details or assignments may be made under section 627 or 628 of this Act or section 408 of the Mutual Security Act of 1954, as amended—
(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 Act; 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 Act, 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 compensations, 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 629.
Sec. 631.
[22 U.S.C. 2391]

Missions and Staffs Abroad.—
(a)
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 Act. Each such special mission or staff shall be under the direction of a chief.
(b)
The chief and his deputy of each special mission or staff carrying out the purposes of part I 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, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), as the President shall determine to be appropriate.
(c)
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, not to exceed those authorized for a chief of mission (as defined in section 102(a)(3) of that Act), 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, United States Code. Such person may also, in the President's discretion, receive any other benefits and perquisites available under this Act to chiefs of special missions or staffs outside the United States established under this section.
(d)
Wherever practicable, especially in the case of the smaller programs, assistance under part I of this Act shall be administered under the direction of the Chief of the United States Diplomatic Mission by the principal economic officer of the mission.
Sec. 632.
[22 U.S.C. 2392]

Allocation and Reimbursement Among Agencies.—
(a)
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 Act, 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 Act or under authority governing the activities of the agencies of the United States Government to which such funds are allocated or transferred.
(b)
Any officer of the United States Government carrying out functions under this Act 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)
In the case of any commodity, service, or facility procured from any agency of the United States Government to carry out part I, reimbursement or repayment shall be made to such agency from funds available to carry out such part. 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 chapter 8 of part I, 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)
Except as otherwise provided in section 506, reimbursement shall be made to any United States Government agency, from funds available for use under part II, for any assistance furnished under part II from, by, or through such agency. Such reimbursement shall be in an amount equal to the value (as defined in section 644(m)) 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 part II (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)
In furnishing assistance under this Act, 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 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 the Export-Import Bank of Washington with funds allocated thereto under subsection (a) of this section or under section 522(a) of the Mutual Security Act of 1954, as amended, 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 7 of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635e).
(g)
Any appropriation or account available to carry out provisions of part I 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 part I: 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 637(a)) incurred in furnishing assistance by the agency primarily responsible for administering part I 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.
Sec. 633.
[22 U.S.C. 2393]

Waivers of Certain Laws.—
(a)
Whenever the President determines it to be in furtherance of the purposes of this Act, the functions authorized under this Act 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)
The functions authorized under part II may be performed without regard to such provisions as the President may specify of the joint resolution of November 4, 1939 (54 Stat. 4), as amended.
(c)
Notwithstanding the provisions of sections 3544(b) and 8544(b) of title 10 of the United States Code, personnel of the Department of Defense may be assigned or detailed to any civil office to carry out this Act.
[Referenced sections repealed by Public Law 90–235. See 10 U.S.C. 973(b).]
Sec. 633A.
[22 U.S.C. 2393a]

Furnishing Information.—
None of the funds made available pursuant to the provisions of this Act shall be used to carry out any provision of this Act in any country or with respect to any project or activity, after the expiration of the thirty-five-day period which begins on the date the General Accounting Office or any committee of the Congress charged with considering legislation, appropriations or expenditures under this Act, has delivered to the office of the head of any agency carrying out such provision, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in its custody or control relating to the administration of such provision in such country or with respect to such project or activity, unless and until there has been furnished to the General Accounting Office, or to such committee, as the case may be, (1) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested, or (2) a certification by the President that has forbidden the furnishing thereof pursuant to request and his reason for so doing.
Sec. 634.
[22 U.S.C. 2394]

Annual Report.—
(a)
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 chapter 1 of part I, 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 chapter 1 of part I 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 Food for Peace Act 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 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 Act;
(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 narcotic 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 640B(f) of this Act;
(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 Act 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)
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 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.
Sec. 634A.
[22 U.S.C. 2394–1]

Notification of Program Changes.—
(a)
None of the funds appropriated to carry out the purposes of this Act (except for programs under title III or title IV of chapter 2 of part I, chapter 5 of part I, and programs of disaster relief and rehabilitation) or the Arms Export Control Act may be obligated for any activities, programs, projects, types of material assistance, countries, or other operations not justified, or in excess of the amount justified, to the Congress for obligation under this Act 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 reprogramming exceeds $1,000,000 and the total amount proposed for obligation for a country under this Act in a fiscal year exceeds by more than $5,000,000 the amount specified for that country in the report required by section 653(a) of this Act, notifications of such proposed reprogrammings 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)
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 chapter 1 of part I 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 chapter 8 of part I, or under chapter 5 of part II, for a country for which a program under that chapter for that fiscal year was justified to the Congress.
(c)
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.
Sec. 634B.
[22 U.S.C. 2394–1a]

Classification of Reports.—
All information contained in any report transmitted under this Act 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.
Sec. 635.
[22 U.S.C. 2395]

General Authorities.—
(a)
Except as otherwise specifically provided in this Act, assistance under this Act 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 Act, and shall emphasize loans rather than grants wherever possible.
(b)
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 Act.
(c)
It is the sense of Congress that the President, in furthering the purposes of this Act, 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)
The President may accept and use in furtherance of the purposes of this Act, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose.
(e)
(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 places of employment abroad for purposes of training or other official duties.
(f)
Alien participants in any program of furnishing technical information and assistance under this Act may be admitted to the United States if otherwise qualified as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101(a)(15)), for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General.
(g)
In making loans under this Act, the President—
(1)
may issue letters of credit and letters of commitment;
(2)
may collect or compromise any obligations assigned to, or held by, and any legal or equitable rights accruing to him, and, as he may determine, refer any such obligations or rights to the Attorney General for suit or collection;
(3)
may acquire and dispose of, upon such terms and conditions as he may determine, any property, including any instrument evidencing indebtedness or ownership (provided that equity securities may not be directly purchased although such securities may be acquired by other means such as by exercise of conversion rights or through enforcement of liens or pledges or otherwise to satisfy a previously incurred indebtedness), and guarantee payment against any such instrument;
(4)
may determine the character of, and necessity for, obligations and expenditures of funds used in making such loans and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and
(5)
shall cause to be maintained an integral set of accounts which shall be audited by the General Accounting Office in accordance with principles and procedures applicable to commercial corporate transactions as provided by the Government Corporation Control Act, as amended (31 U.S.C. 841 et seq.).
(h)
A contract or agreement which entails commitments for the expenditure of funds available under chapter 1 (except development loans) and title II of chapter 2 of part I and under part II may, subject to any future action of the Congress, extend at any time for not more than five years.
(i)
Claims arising as a result of investment guaranty operations may be settled, and disputes arising as the 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)
The provisions of section 955 of title 18 of the United States Code 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 Act, or from acquiring any obligation issued in connection with any operation or transaction arising under this Act.
(k)
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 part I 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)
The Administrator of the agency primarily responsible for administering part I may use funds made available under that part to provide program and management oversight for activities that are funded under that part and that are conducted in countries in which the agency does not have a field mission or office.
(m)
(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 607 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 credited to current applicable appropriations.
Sec. 636.
[22 U.S.C. 2396]

Provisions on Uses of Funds.—
(a)
Appropriations for the purposes of or pursuant to this Act (except for Part II), allocations to any agency of the United States Government, from other appropriations, for functions directly related to the purposes of this Act, and funds made available for other purposes to the agency primarily responsible for administering part I, shall be available for:
(1)
rent of buildings and space in buildings in the United States, and for repair, alteration, and improvements of such leased properties;
(2)
expenses of attendance at meetings concerned with the purposes of such appropriations of this Act, including (notwithstanding the provisions of section 9 of Public Law 60328 (31 U.S.C. 673)) expenses in connection with meetings and persons whose employment is authorized by section 626;
(3)
contracting with individuals for personal service 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 631: Provided further, That passenger motor vehicles other than one for the official use of the head of the agency primarily responsible for administering part I, 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 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 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 part I 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 part I, 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 part I 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 (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 to the Environmental Science Services Administration may appoint not to exceed twenty commissioned officers in addition to those otherwise authorized;
(17)
employing individuals or organizations, by contract, for services abroad for purposes of this Act and title II of the Food for Peace Act, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government (except that the Administrator of the United States Agency for International Development may determine the applicability to such individuals of section 5 of the State Department Basic Authorities Act of 1965 (22 U.S.C. 2672) regarding tort claims when such claims arise in foreign countries in connection with United States operations abroad, and of any other law administered by the Administrator concerning the employment of such individuals abroad), and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States.
(b)
Funds made available for the purposes of this Act may be used for compensation, allowances, and travel of personnel including Foreign Service personnel whose services are utilized primarily for the purposes of this Act, 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 Act.
(c)
Notwithstanding any other law, not to exceed $6,000,000 of the funds available for assistance under this Act may be used in any fiscal year (in addition to funds available for such use under other authorities in this Act) 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 Act, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel carrying out activities authorized by this Act, United States Government personnel, and their dependents. In addition, funds made available for assistance under this Act may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.
(d)
Not to exceed $2,500,000 of funds available for assistance under this Act 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 Act and dependents of United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.
(e)
Funds available under this Act may be used to pay costs of training United States citizen personnel employed or assigned pursuant to section 625(d)(2) (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 Public Law 84918 (7 U.S.C. 1881 et seq.) 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 that Act. Such training shall not be considered employment or holding of office under section 5533 of title 5 of the United States Code, 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)
Funds made available under chapter 1 of part I may be used for expenses (other than those provided for under section 637(a)) to assist in carrying out functions under chapter 1 of part I, under the Food for Peace Act, as amended (7 U.S.C. 1691 et seq.), and under the Latin American Development Act, as amended (22 U.S.C. 1942 et seq.), performed by the agency primarily responsible for administering part I or by the Corporation established under title IV of chapter 2 of part I with respect to loan activities which it carries out under the provisions of the Food for Peace Act, as amended.
(g)
Funds made available for the purposes of part II or the Arms Export Control Act 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 part II;
(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 the provisions of section 5702(c) of title 5 of the United States Code, 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 3733 of the Revised Statutes (41 U.S.C. 12) or other provision of law requiring a specific authorization or specific appropriation for such public contracts.
(h)
In carrying out programs under this Act, the President shall take all appropriate steps to assure that, to the maximum extent possible, (1) countries receiving assistance under this Act 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)
Notwithstanding section 640 or any other provision of this Act, none of the funds made available to carry out this Act 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 Act.
Sec. 637.
[22 U.S.C. 2397]

Administrative Expenses.—
(a)
* * *
[Repealed—1978]
(b)
There is hereby 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 Act 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.
Sec. 638.
[22 U.S.C. 2398]

Exclusions.—
(a)
No provision of this Act shall be construed to prohibit assistance to any country pursuant to the Peace Corps Act, as amended; the Mutual Educational and Cultural Exchange Act of 1961, as amended; or the Export-Import Bank Act of 1945, as amended.
(b)
No provision of this Act or any other provision of law shall be construed to prohibit assistance for any training activity which is funded under this Act for Brazil or Argentina as long as such country continues to have a democratically elected government and the assistance is otherwise consistent with sections 116, 502B, 620(f), 620A, and 660 of this Act.
Sec. 639.

Famine or Disaster Relief.—
* * *
[Repealed—1975]
Sec. 639A.

Disaster Relief Assistance.—
* * *
[Redesignated—1975]
Sec. 639B.

African Development Program.—
* * *
[Redesignated—1975]
Sec. 640.

Military Sales.—
* * *
[Repealed—1968]
Sec. 640A.
[22 U.S.C. 2399b]

False Claims and Ineligible Commodities.—
(a)
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 Act 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 Act, or who uses to support his claim any certification, statement, or entry on any contract, 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 Act in connection with the negotiation, procurement, award, or performance of a contract financed with funds so made available under this Act, and any person who enters into an agreement, combination or conspiracy to do so, (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)
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)
For purposes of this section, the term “person” includes any individual, corporation, partnership, association, or other legal entity.
Sec. 640B.
[22 U.S.C. 2399c]

Coordination.—
(a)
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 part I, 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)
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)
Programs authorized by this Act shall be undertaken with the foreign policy guidance of the Secretary of State.
(d)
* * *
[Repealed—1978]
(e)
The head of any of the departments or agencies referred to in subsection (a) may temporarily assign, upon the request of the Chairman, any employee from such department or agency to the staff of the Committee.
(f)
To carry out the purposes of subsection (a), 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.
(g)
* * *
[Repealed—1981]
Sec. 640C.
[22 U.S.C. 2399d]

Shipping Differential.—
For the purposes of facilitating implementation of section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)), funds made available for the purposes of chapter 1 of part I or for purposes of chapter 4 of part II 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.
chapter 3—

Miscellaneous Provisions
Sec. 641.
[22 U.S.C. 2401]

Effective Date and Identification of Programs.—
This Act shall take effect on the date of its enactment. Programs under this Act shall be identified appropriately overseas as “American Aid”.
Sec. 642.
[22 U.S.C. 2151 nt]

Statutes Repealed.—
(a)
There are hereby repealed—
(1)
Reorganization Plan Numbered 7 of 1953;
(2)
the Mutual Security Act of 1954, as amended (except sections 402, 408, 417, 502(a), 502(b), 514, 523(d) and 536;
(3)
section 12 of the Mutual Security Act of 1955;
(4)
sections 12, 13, and 14 of the Mutual Security Act of 1956;
(5)
section 503 of the Mutual Security Act of 1958;
(6)
section 108 of the Mutual Security Appropriation Act, 1959;
(7)
section 501(a), chapter VI, and sections 702 and 703 of the Mutual Security Act of 1959, as amended; and
(8)
section 604 and chapter VIII of the Mutual Security Act of 1960.
(b)
References in law to the Acts, or provisions of such Acts, repealed by subsection (a) of this section shall hereafter be deemed to be references to this Act 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.
Sec. 643.
[22 U.S.C. 2402]

Saving Provisions.—
(a)
Except as may be expressly provided to the contrary in this Act, 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)
Wherever provisions of this Act establish conditions which must be complied with before use may be made of authority contained in, or funds authorized by, this Act, 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 Act.
(c)
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.
(d)
* * *
[Repealed—1962]
Sec. 644.
[22 U.S.C. 2403]

Definitions.—
As used in this Act—
(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), byproduct 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, and data removed from the Restricted Data category under section 142d of that Act.
(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 chapter 5 of part II.
(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 Act.
(h)
“Function” includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.
(i)
* * *
[Repealed—1973]
(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 632(d) 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 Act, 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 Act, 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 chapter 8 of part II of this Act, 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 517 as a major non-NATO ally for purposes of this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.).
Sec. 645.
[22 U.S.C. 2404]

Unexpended Balances.—
Unexpended balances of funds made available pursuant to this Act, 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 Act.
Sec. 646.
[22 U.S.C. 2405]

Construction.—
If any provision of this Act, or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the applicability of such provision to other circumstances or persons shall not be affected thereby.
Sec. 647.
[22 U.S.C. 2406]

Dependable Fuel Supply.—
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.
Sec. 648.
[22 U.S.C. 2407]

Special Authorization for Use of Foreign Currencies.—
Subject to the provisions of section 1415 of the Supplemental Appropriation Act, 1953, 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 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.
Sec. 649.

Limitation on Aggregate Authorization for Use in Fiscal Year 1966.—
* * *
[Repealed—1978]
Sec. 650.
[22 U.S.C. 2409]

Use of United States Armed Forces.—
The furnishing of economic, military, or other assistance under this Act 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.
Sec. 651.

Sale of Supersonic Planes to Israel.—
* * *
[Repealed—1978]
Sec. 652.
[22 U.S.C. 2411]

Limitation Upon Exercise of Special Authorities.—
The President shall not exercise any special authority granted to him under section 506(a), 552(c)(2), or 610(a) of this Act 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 Act under which such authority is to be exercised, and the justification for, and the extent of, the exercise of such authority.
Sec. 653.
[22 U.S.C. 2413]

Change in Allocation of Foreign Assistance.—
(a)
Not later than thirty days after the enactment of any law appropriating funds to carry out any provision of this Act (other than section 451 or 637) or the Arms Export Control Act, 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)
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 614(a) of this Act.
Sec. 654.
[22 U.S.C. 2414]

Presidential Findings and Determinations.—
(a)
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 Act, the Foreign Military Sales Act, 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)
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)
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)
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 Act, the Foreign Military Sales Act, 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.
SEC. 655.
[22 U.S.C. 2415]

ANNUAL MILITARY ASSISTANCE REPORT.
(a)

Report Required.—
Not later than February 1 of each year, the President shall transmit to the Congress an annual report for the fiscal year ending the previous September 30.
(b)

Information Relating to Military Assistance and Military Exports.—
Each such report shall show the aggregate dollar value and quantity of defense articles (including excess defense articles), defense services, and international military education and training activities authorized by the United States and of such articles, services, and activities provided by the United States, excluding any activity that is reportable under title V of the National Security Act of 1947, to each foreign country and international organization. The report shall specify, by category, whether such defense articles—
(1)
were furnished by grant under chapter 2 or chapter 5 of part II of this Act or under any other authority of law or by sale under chapter 2 of the Arms Export Control Act;
(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 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, United States Code, 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.
SEC. 656.
[22 U.S.C. 2416]

ANNUAL FOREIGN MILITARY TRAINING REPORT.
(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) 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) 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) 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.
Sec. 657.

Annual Report on Military Assistance and Military Exports.—
* * *
[Repealed—1981]
Sec. 658.

Limitations on Use of Funds.—
* * *
[Repealed—1978]
Sec. 659.

Access to Certain Military Bases Abroad.—
* * *
[Repealed—1981]
Sec. 660.
[22 U.S.C. 2420]

Prohibiting Police Training.—
(a)
On and after July 1, 1975, none of the funds made available to carry out this Act, and none of the local currencies generated under this Act, 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)
Subsection (a) of this section shall not apply—
(1)
with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968 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 482 of this Act;
(2)
to any contract entered into prior to the date of enactment of this section 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 30
^{30}
So in law. The word “or” probably should be stricken at the end of paragraph (4).
(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;31
^{31}
So in law. Paragraph (6) probably should end with “; or”.
(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) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment.
(c)
Subsection (a) 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)
Notwithstanding the prohibition contained in subsection (a), 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 634A of this Act, 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 non-violent 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.
SEC. 661.
[22 U.S.C. 2421]

TRADE AND DEVELOPMENT AGENCY.
(a)

Purpose.—
The Trade and Development Agency shall be an agency of the United States under the foreign policy guidance of the Secretary of State. The purpose of the Trade and Development Agency is to promote United States private sector participation in development projects in developing and middle-income countries, with special emphasis on economic sectors with significant United States export potential, such as energy, transportation, telecommunications, and environment.
(b)

Authority To Provide Assistance.—
(1)

Authority.—
The Director of the Trade and Development Agency is authorized to work with foreign countries, including those in which the United States development programs have been concluded or those not receiving assistance under part I, 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, United States Code, 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, United States Code, 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, United States Code, and which the Trade and Development Agency shall submit to the Congress not later than 6½ 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 General Accounting Office designated by the Comptroller General.
(f)

Funding.—
(1)

Authorization.—
(A)
There are authorized to be appropriated for purposes of this section, in addition to funds otherwise available for such purposes, $79,500,000 for fiscal year 2020 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 1701(c) of the International Financial Institutions Act.
Sec. 662.

Limitation on Intelligence Activities.—
* * *
[Repealed—1991]
Sec. 663.
[22 U.S.C. 2423]

Exchanges of Certain Materials.—
(a)
Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this Act or shall furnish defense articles or services under the Foreign Military Sales Act 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)
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)
Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.
Sec. 664.

Waiver of Prohibition Against Assistance to Countries Engaging in Certain Trade.—
* * *
[Repealed—1977]
Sec. 665.

Transition Provisions for Interim Quarter.—
* * *
[Repealed—1978]
Sec. 666.
[22 U.S.C. 2426]

Discrimination Against United States Personnel.—
(a)
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 Act 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)
Effective six months after the date of enactment of the International Development and Food Assistance Act of 1975, or on such earlier date as the President may determine, none of the funds made available under this Act 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 Act on the basis of the race, religion, national origin, or sex of such officer or employee.
(c)
The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section.
Sec. 667.
[22 U.S.C. 2427]

Operating Expenses.—
(a)
There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(1)
$387,000,000 for the fiscal year 1986 and $387,000,000 for the fiscal year 1987 for necessary operating expenses of the agency primarily responsible for administering part I of this Act, 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)
Amounts appropriated under this section are authorized to remain available until expended.
Sec. 668.

Report on Korea.—
* * *
[Repealed—1981]
Sec. 669.32
^{32}
Section 826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103–236) repeals sections 669 and 670 of the Foreign Assistance Act of 1961.
Section 851 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103–236) provides that on “the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act, the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law repealed by those parts shall be reenacted.”
Sec. 671.

Notification of Program Changes.—
* * *
[Redesignated—1978]
PART IV—

ENTERPRISE FOR THE AMERICAS INITIATIVE
SEC. 701.
[22 U.S.C. 2430]

PURPOSE.
The purpose of this part 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 part for those countries with democratically elected governments that meet investment reforms and other policy conditions.
SEC. 702.
[22 U.S.C. 2430a]

DEFINITIONS.
For purposes of this part—
(1)
the term “administering body” means the entity provided for in section 708(c);
(2)
the term “Americas Framework Agreement” means an Americas Framework Agreement provided for in section 708;
(3)
the term “Americas Fund” means an Enterprise for the Americas Fund provided for in section 707(a);
(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 704(a)(1) is exercised;
(6)
the term “eligible country” means a country designated by the President in accordance with section 703;
(7)
the term “Enterprise for the Americas Board” or “Board” means the board established by section 610 of the Food for Peace Act; and
(8)
the term “Facility” means the Enterprise for the Americas Facility established in the Department of the Treasury by section 601 of that Act.
SEC. 703.
[22 U.S.C. 2430b]

ELIGIBILITY FOR BENEFITS.
(a)

Requirements.—
To be eligible for benefits from the Facility under this part, 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), the President shall determine whether a country is eligible to receive benefits under this part. 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.
SEC. 704.
[22 U.S.C. 2430c]

REDUCTION OF CERTAIN DEBT.
(a)

Authority To Reduce Debt.—
(1)

Authority.—
The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1992, as a result of concessional loans made to an eligible country by the United States under part I of this Act, chapter 4 of part II of this Act, 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 620(r) of this Act 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) 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).
(2)

Exchange of obligations.—
The Facility shall notify the agency primarily responsible for administering part I of this Act 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 part I of this Act shall make an adjustment in its accounts to reflect the debt reduction.
SEC. 705.
[22 U.S.C. 2430d]

REPAYMENT OF PRINCIPAL.
(a)

Currency of Payment.—
The principal amount of each new obligation issued pursuant to section 704(b) 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.
SEC. 706.
[22 U.S.C. 2430e]

INTEREST ON NEW OBLIGATIONS.
(a)

Rate of Interest.—
New obligations issued by a beneficiary country pursuant to section 704(b) 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 707(d). 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.
SEC. 707.
[22 U.S.C. 2430f]

ENTERPRISE FOR THE AMERICAS FUNDS.
(a)

Establishment.—
Each beneficiary country that enters into an Americas Framework Agreement shall be required to establish an Enterprise for the Americas Fund to receive payments in local currency pursuant to section 706(b)(1).
(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.
SEC. 708.
[22 U.S.C. 2430g]

AMERICAS FRAMEWORK AGREEMENTS.
(a)

Authority.—
The Secretary of State is authorized, in consultation with other appropriate Government officials, to enter into an Americas Framework Agreement with any eligible country concerning the operation and use of the Americas Fund for that country. In the negotiation of such Agreements, the Secretary shall consult with the Enterprise for the Americas Board in accordance with section 709.
(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 706(b)(1) into an Americas Fund;
(3)
require that country to make prompt disbursements from the Americas Fund to the administering body described in subsection (c);
(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), 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)) and make grants to eligible grant recipients in accordance with the priorities agreed upon in the Americas Framework Agreement, consistent with subsection (d);
(B)
shall be responsible for the management of the program and oversight of grant activities funded from resources of the Americas Fund;
(C)
shall be subject, on an annual basis, to an audit of financial statements conducted in accordance with generally accepted auditing standards by an independent auditor;
(D)
shall be required to grant to representatives of the United States General Accounting Office such access to books and records associated with operations of the Americas Fund as the Comptroller General of the United States may request;
(E)
shall present an annual program for review each year by the Enterprise for the Americas Board; and
(F)
shall submit a report each year on the activities that it undertook during the previous year to the Chair of the Enterprise for the Americas Board and to the government of the beneficiary country.
(d)

Eligible Activities.—
Grants from an Americas Fund shall be used for—
(1)
activities that link the conservation and sustainable use of natural resources with local community development; and
(2)
child survival and other child development activities.
(e)

Grant Recipients.—
Grants made from an Americas Fund shall be made to—
(1)
nongovernmental environmental, conservation, child survival and child development, development, and indigenous peoples organizations of the beneficiary country;
(2)
other appropriate local or regional entities; and
(3)
in exceptional circumstances, the government of the beneficiary country.
(f)

Review of Larger Grants.—
Any grant of more than $100,000 from an Americas Fund shall be subject to veto by the Government of the United States or the government of the beneficiary country.
(g)

Eligibility Criteria.—
In the event that a country ceases to meet the eligibility requirements set forth in section 703(a), as determined by the President pursuant to section 703(b), 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 703(a).
SEC. 709.
[22 U.S.C. 2430h]

ENTERPRISE FOR THE AMERICAS BOARD.
For purposes of this part, 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.
SEC. 710.
[22 U.S.C. 2430i]

ANNUAL REPORTS TO THE CONGRESS.
The annual reports submitted pursuant to section 614 of the Food for Peace Act (7 U.S.C. 1738mm) 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.
PART V—

DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS
SEC. 801.
[22 U.S.C. 2151 nt]

SHORT TITLE.
This part may be cited as the “Tropical Forest and Coral Reef Conservation Act of 1998”.
SEC. 802.
[22 U.S.C. 2431]

FINDINGS AND PURPOSES.
(a)

Findings.—
The Congress finds the following:
(1)
It is the established policy of the United States to support and seek protection of tropical forests and coral reef ecosystems 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 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 and coral reef ecosystems.
(7)
Finding economic benefits to local communities from sustainable uses of tropical forests and coral reef ecosystems is critical to the protection of such areas.
(b)

Purposes.—
The purposes of this part are—
(1)
to recognize the values received by United States citizens from protection of tropical forests and coral reef ecosystems;
(2)
to facilitate greater protection of tropical forests and coral ecosystems (and to give priority to protecting areas with the highest levels of biodiversity and under the most severe threat) by providing for the alleviation of debt in countries where tropical forests and coral reef ecosystems 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 coral reef ecosystems and their associated values; and
(4)
to rechannel existing resources to facilitate the protection of tropical forests and coral reef ecosystems.
SEC. 803.
[22 U.S.C. 2431a]

DEFINITIONS.
As used in this part:
(1)

Administering body.—
The term “administering body” means the entity provided for in section 809(c).
(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 806(a)(1), section 807(a)(1), or paragraph (1) or (2) of section 808(a) is exercised.
(4)

Board.—
The term “Board” means the board referred to in section 811.
(5)

Developing country with a tropical forest or coral reef.—
The term “developing country with a tropical forest or coral reef” 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 or coral reef that is globally outstanding in terms of its biological diversity or represents one of the larger intact blocks of tropical forests or coral reefs 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 805.
(7)

Conservation agreement.—
The term “Conservation Agreement” or “Agreement” means a Conservation Agreement provided for in section 809.
(8)

Conservation facility.—
The term “Conservation Facility” or “Facility” means the Conservation Facility established in the Department of the Treasury by section 804.
(9)

Conservation fund.—
The term “Conservation Fund” or “Fund” means a Conservation Fund provided for in section 810.
(10)

Coral.—
The term “coral” means species of the phylum Cnidaria, including—
(A)
all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and
(B)
all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.
(11)

Coral reef.—
The term “coral reef” means any reef or shoal composed primarily of coral.
(12)

Coral reef ecosystem.—
The term “coral reef ecosystem” means any coral reef and any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.
SEC. 804.
[22 U.S.C. 2431b]

ESTABLISHMENT OF THE FACILITY.
There is established in the Department of the Treasury an entity to be known as the “Conservation Facility” for the purpose of providing for the administration of debt reduction in accordance with this part.
SEC. 805.
[22 U.S.C. 2431c]

ELIGIBILITY FOR BENEFITS.
(a)

In General.—
To be eligible for benefits from the Facility under this part, a country shall be a developing country with a tropical forest or coral reef—
(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 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 a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; 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 that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;
(6)
if appropriate, has agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction; and
(7)
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), the President shall determine whether a country is eligible to receive benefits under this part.
(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.
SEC. 806.
[22 U.S.C. 2431d]

REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE ACT OF 1961.
(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 part I of this Act, chapter 4 of part II of this Act, or predecessor foreign economic assistance legislation.
(2)

Authorization of appropriations.—
For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) 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 620(r) of this Act 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) 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) outstanding as of the date specified in subsection (a)(1).
(2)

Exchange of obligations.—
(A)

In general.—
The Facility shall notify the agency primarily responsible for administering part I of this Act 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 part I of this Act 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) in the same manner as such terms and conditions apply to the reduction of debt under section 704(a)(1) of this Act:
(A)
The provisions relating to repayment of principal under section 705 of this Act.
(B)
The provisions relating to interest on new obligations under section 706 of this Act.
(2)
In addition to the application of the provisions relating to repayment of principal under section 705 of this Act to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation Fund of the country in the same manner as the provisions relating to payment of interest on new obligations under section 706 of this Act.
(d)

Authorization of Appropriations for Fiscal Years After Fiscal Year 2001.—
For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) for the reduction of any debt pursuant to this section or section 807, 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.
(7)
$20,000,000 for fiscal year 2019.
(8)
$20,000,000 for fiscal year 2020.
(9)
$20,000,000 for fiscal year 2023.
(10)
$20,000,000 for fiscal year 2024.
(11)
$20,000,000 for fiscal year 2025.
(12)
$20,000,000 for fiscal year 2026.
(13)
$20,000,000 for fiscal year 2027.
(e)

Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration.—
Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.
SEC. 807.
[22 U.S.C. 2431e]

REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF CREDITS EXTENDED UNDER TITLE I OF THE FOOD FOR PEACE ACT.
(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 the date of the enactment of the Tropical Forest Conservation Reauthorization Act of 2018 as a result of any credits extended under title I of the Food for Peace Act (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 502(5) of the Federal Credit Reform Act of 1990) 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 502(5) of the Federal Credit Reform Act of 1990) 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) 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) outstanding as of the date specified in subsection (a)(1).
(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) in the same manner as such terms and conditions apply to the reduction of debt under section 604(a)(1) of the Food for Peace Act (7 U.S.C. 1738c):
(A)
The provisions relating to repayment of principal under section 605 of such Act.
(B)
The provisions relating to interest on new obligations under section 606 of such Act.
(2)
In addition to the application of the provisions relating to repayment of principal under section 605 of the Food for Peace Act to the reduction of debt under subsection (a)(1) (in accordance with paragraph (1)(A) of this subsection), repayment of principal on a new obligation established under subsection (b) may be made in the local currency of the beneficiary country and deposited in the Conservation 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.
SEC. 808.
[22 U.S.C. 2431f]

AUTHORITY TO ENGAGE IN DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS.
(a)

Loans and Credits Eligible for Sale, Reduction, or Cancellation.—
(1)

Debt-for-nature swaps.—
(A)

In general.—
Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser described in subparagraph (B) any concessional loans described in section 806(a)(1) or any credits described in section 807(a)(1), 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 809(d).
(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 809(d).
(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 809(d).
(D)

Authorization of appropriations.—
For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) for the reduction of any debt pursuant to subparagraph (A), amounts authorized to be appropriated under sections 806(a)(2), 807(a)(2), and 806(d) 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 806(a)(1) or any credits described in section 807(a)(1), 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 809(d).
(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 502(5) of the Federal Credit Reform Act of 1990) 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 part I of this Act 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.
(C)

United states government representation on the administering body.—
One or more individuals appointed by the United States Government shall serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
(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.
SEC. 809.
[22 U.S.C. 2431g]

CONSERVATION AGREEMENT.
(a)

Authority.—
The Secretary of State is authorized, in consultation with other appropriate officials of the Federal Government, to enter into a Conservation Agreement with any eligible country concerning the operation and use of the Fund for that country.
(b)

Contents of Agreement.—
The requirements contained in section 708(b) of this Act (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 to serve in an official capacity;
(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 708(c)(3) of this Act (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 708(c)(1) of this Act.
(d)

Eligible Activities.—
Amounts deposited in a Fund shall be used only to provide grants to conserve, maintain, and restore the tropical forests and coral reef ecosystems 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 plant life to treat human diseases, illnesses, and health related concerns.
(6)
Development and support of the livelihoods of individuals dependent on a tropical forest or coral reef ecosystem and related resources in a manner consistent with conserving such resources.
(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 limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B).
(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 $250,000 from a Fund must be approved by the Government of the United States and 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 805(a), as determined by the President pursuant to section 805(b), 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 805(a).
SEC. 810.
[22 U.S.C. 2431h]

CONSERVATION FUND.
(a)

Establishment.—
Each beneficiary country that enters into a Conservation Agreement under section 809 shall be required to establish a Conservation Fund to receive payments of interest and principal on new obligations undertaken by the beneficiary country under this part.
(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 33 conditions apply to an Enterprise for the Americas Fund under section 707 of this Act:
^{33}
So in law. Should probably be “and”.
(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.
SEC. 811.
[22 U.S.C. 2431i]

BOARD.
(a)

Enterprise for the Americas Board.—
The Enterprise for the Americas Board established under section 610(a) of the Food for Peace Act (7 U.S.C. 1738i(a)) shall, in addition to carrying out the responsibilities of the Board under section 610(c) of such Act, carry out the duties described in subsection (c) of this section for the purposes of this part.
(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 610(b)(2) of the Food for Peace Act (7 U.S.C. 1738i(b)(2)), 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 610(b)(1)(A) of such Act.
(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.
SEC. 812.
[22 U.S.C. 2431j]

CONSULTATIONS WITH THE CONGRESS.
The President shall consult with the appropriate congressional committees on a periodic basis to review the operation of the Facility under this part and the eligibility of countries for benefits from the Facility under this part.
SEC. 813.
[22 U.S.C. 2431k]

ANNUAL REPORTS TO THE CONGRESS.
Not later than April 15 of each year, the President shall prepare and transmit to the Congress an annual report concerning the operation of the Facility for the prior calendar year. Such report shall include—
(1)
a description of the activities undertaken by the Facility during the previous calendar year;
(2)
a description of any Agreement entered into under this part;
(3)
a report on any Funds that have been established under this part 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 part.
part VI—
* * *

[Repealed—1978]