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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

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legal/us/code/title-22/chapter-32/section-2151-1.md
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---
type: "LegalText"
title: "22 U.S.C. § 2151–1"
description: "Development assistance policy"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "32"
chapter_name: "FOREIGN ASSISTANCE"
section: "2151–1"
citation: "22 U.S.C. § 2151–1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 22 U.S.C. § 2151–1 - Development assistance policy
## Text
(a) Principal purpose of bilateral development assistance The Congress finds that the efforts of developing countries to build and maintain the social and economic institutions necessary to achieve self-sustaining growth and to provide opportunities to improve the quality of life for their people depend primarily upon successfully marshalling their own economic and human resources. The Congress recognizes that the magnitude of these efforts exceeds the resources of developing countries and therefore accepts that there will be a long-term need for wealthy countries to contribute additional resources for development purposes. The United States should take the lead in concert with other nations to mobilize such resources from public and private sources. Provision of development resources must be adapted to the needs and capabilities of specific developing countries. United States assistance to countries with low per capita incomes which have limited access to private external resources should primarily be provided on concessional terms. Assistance to other developing countries should generally consist of programs which facilitate their access to private capital markets, investment, and technical skills, whether directly through guarantee or reimbursable programs by the United States Government or indirectly through callable capital provided to the international financial institutions. Bilateral assistance and United States participation in multilateral institutions shall emphasize programs in support of countries which pursue development strategies designed to meet basic human needs and achieve self-sustaining growth with equity. The Congress declares that the principal purpose of United States bilateral development assistance is to help the poor majority of people in developing countries to participate in a process of equitable growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services which will enable them to satisfy their basic needs and lead lives of decency, dignity, and hope. Activities shall be emphasized that effectively involve the poor in development by expanding their access to the economy through services and institutions at the local level, increasing their participation in the making of decisions that affect their lives, increasing labor-intensive production and the use of appropriate technology, expanding productive investment and services out from major cities to small towns and rural areas, and otherwise providing opportunities for the poor to improve their lives through their own efforts. Participation of the United States in multilateral institutions shall also place appropriate emphasis on these principles.
(b) Form of assistance; principles governing assistance Assistance under this part should be used not only for the purpose of transferring financial resources to developing countries, but also to help countries solve development problems in accordance with a strategy that aims to insure wide participation of the poor in the benefits of development on a sustained basis. Moreover, assistance shall be provided in a prompt and effective manner, using appropriate United States institutions for carrying out this strategy. In order to achieve these objectives and the broad objectives set forth in section 2151 of this title and in subsection (a) of this section, bilateral development assistance authorized by this chapter shall be carried out in accordance with the following principles:
(1) Development is primarily the responsibility of the people of the developing countries themselves. Assistance from the United States shall be used in support of, rather than substitution for, the self-help efforts that are essential to successful development programs and shall be concentrated in those countries that take positive steps to help themselves. Maximum effort shall be made, in the administration of subchapter I of this chapter, to stimulate the involvement of the people in the development process through the encouragement of democratic participation in private and local governmental activities and institution building appropriate to the requirements of the recipient countries.
(2) Development planning must be the responsibility of each sovereign country. United States assistance should be administered in a collaborative style to support the development goals chosen by each country receiving assistance.
(3) United States bilateral development assistance should give high priority to undertakings submitted by host governments which directly improve the lives of the poorest of their people and their capacity to participate in the development of their countries, while also helping such governments enhance their planning, technical, and administrative capabilities needed to insure the success of such undertakings.
(4) Development assistance provided under this part shall be concentrated in countries which will make the most effective use of such assistance to help satisfy basic human needs of poor people through equitable growth, especially in those countries having the greatest need for outside assistance. In order to make possible consistent and informed judgments in this respect, the President shall assess the commitment and progress of countries in moving toward the objectives and purposes of this part by utilizing criteria, including but not limited to the following:
(A) increase in agricultural productivity per unit of land through small-farm, labor-intensive agriculture;
(B) reduction of infant mortality;
(C) control of population growth;
(D) promotion of greater equality of income distribution, including measures such as more progressive taxation and more equitable returns to small farmers;
(E) reduction of rates of unemployment and underemployment;
(F) increase in literacy; and
(G) progress in combating corruption and improving transparency and accountability in the public and private sector.
(5) United States development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of the people in the developing countries; food production and nutrition; rural development and generation of gainful employment; population planning and health; environment and natural resources; education, development administration, and human resource development; and energy development and production.
(6) United States assistance shall encourage and promote the participation of women in the national economies of developing countries and the improvement of women’s status as an important means of promoting the total development effort.
(7) United States bilateral assistance shall recognize that the prosperity of developing countries and effective development efforts require the adoption of an overall strategy that promotes the development, production, and efficient utilization of energy and, therefore, consideration shall be given to the full implications of such assistance on the price, availability, and consumption of energy in recipient countries.
(8) United States cooperation in development should be carried out to the maximum extent possible through the private sector, including those institutions which already have ties in the developing areas, such as educational institutions, cooperatives, credit unions, free labor unions, and private and voluntary agencies.
(9) To the maximum extent practicable, United States private investment should be encouraged in economic and social development programs to which the United States lends support.
(10) Assistance shall be planned and utilized to encourage regional cooperation by developing countries in the solution of common problems and the development of shared resources.
(11) Assistance efforts of the United States shall be planned and furnished to the maximum extent practicable in coordination and cooperation with assistance efforts of other countries, including the planning and implementation of programs and projects on a multilateral and multidonor basis.
(12) United States bilateral development assistance should be concentrated on projects which do not involve large-scale capital transfers. However, to the extent that such assistance does involve large-scale capital transfers, it should be furnished in association with contributions from other countries working together in a multilateral framework.
(13) United States encouragement of policy reforms is necessary if developing countries are to achieve economic growth with equity.
(14) Development assistance should, as a fundamental objective, promote private sector activity in open and competitive markets in developing countries, recognizing such activity to be a productive and efficient means of achieving equitable and long term economic growth.
(15) United States cooperation in development should recognize as essential the need of developing countries to have access to appropriate technology in order to improve food and water, health and housing, education and employment, and agriculture and industry.
(16) United States assistance should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long term development. An important component of institution building involves training to expand the human resource potential of people in developing countries.
(17) Economic reform and development of effective institutions of democratic governance are mutually reinforcing. The successful transition of a developing country is dependent upon the quality of its economic and governance institutions. Rule of law, mechanisms of accountability and transparency, security of person, property, and investments, are but a few of the critical governance and economic reforms that underpin the sustainability of broad-based economic growth. Programs in support of such reforms strengthen the capacity of people to hold their governments accountable and to create economic opportunity.
(c) Worldwide cooperative effort to overcome aspects of absolute poverty The Congress, recognizing the desirability of overcoming the worst aspects of absolute poverty by the end of this century by, among other measures, substantially lowering infant mortality and birth rates, and increasing life expectancy, food production, literacy, and employment, encourages the President to explore with other countries, through all appropriate channels, the feasibility of a worldwide cooperative effort to overcome the worst aspects of absolute poverty and to assure self-reliant growth in the developing countries by the year 2000.
(Pub. L. 87–195, pt. I, § 102, as added Pub. L. 95–424, title I, § 101, Oct. 6, 1978, 92 Stat. 938; amended Pub. L. 96–53, title I, § 104(a), Aug. 14, 1979, 93 Stat. 360; Pub. L. 99–83, title III, § 301, Aug. 8, 1985, 99 Stat. 213; Pub. L. 106–309, title II, § 203(b), Oct. 17, 2000, 114 Stat. 1092.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments2000—Subsec. (b)(4)(G). Pub. L. 106–309, § 203(b)(1), added subpar. (G). Subsec. (b)(17). Pub. L. 106–309, § 203(b)(2), added par. (17). 1985—Subsec. (b)(13) to (16). Pub. L. 99–83 added pars. (13) to (16). 1979—Subsec. (b)(5). Pub. L. 96–53, § 104(a)(1), inserted applicability to energy development and production. Subsec. (b)(7). Pub. L. 96–53, § 104(a)(2), inserted applicability to promotion of development and production of energy.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1985 AmendmentPub. L. 99–83, title XIII, § 1301, Aug. 8, 1985, 99 Stat. 280, provided that: “Except as otherwise provided in this Act, this Act [see Short Title of 1985 Amendment note set out under section 2151 of this title] shall take effect on October 1, 1985.”
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective DateSection effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2151–2"
description: "Actions to improve the international gender policy of the United States Agency for International Development"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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chapter_name: "FOREIGN ASSISTANCE"
section: "2151–2"
citation: "22 U.S.C. § 2151–2"
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---
# 22 U.S.C. § 2151–2 - Actions to improve the international gender policy of the United States Agency for International Development
## Text
(a) Gender analysis defined In this section, the term “gender analysis”—
(1) means a socioeconomic analysis of available or gathered quantitative and qualitative information to identify, understand, and explain gaps between men and women which typically involves examining—
(A) differences in the status of women and men and their differential access to and control over assets, resources, education, opportunities, and services;
(B) the influence of gender roles, structural barriers, and norms on the division of time between paid employment, unpaid work (including the subsistence production and care for family members), and volunteer activities;
(C) the influence of gender roles, structural barriers, and norms on leadership roles and decision making; constraints, opportunities, and entry points for narrowing gender gaps and empowering women; and
(D) potential differential impacts of development policies and programs on men and women, including unintended or negative consequences; and
(2) includes conclusions and recommendations to enable development policies and programs to narrow gender gaps and improve the lives of women and girls.
(b) International development cooperation policy It shall be the international development cooperation policy of the United States—
(1) to reduce gender disparities with respect to economic, social, political, educational, and cultural resources, wealth, opportunities, and services;
(2) to strive to eliminate gender-based violence and mitigate its harmful effects on individuals and communities including through efforts to develop standards and capacity to reduce gender-based violence in the workplace and other places where women work;
(3) to support activities that secure private property rights and land tenure for women in developing countries, including—
(A) legal frameworks that give women equal rights to own, register, use, profit from, and inherit land and property;
(B) improving legal literacy to enable women to exercise the rights described in subparagraph (A); and
(C) improving the capacity of law enforcement and community leaders to enforce such rights;
(4) to increase the capability of women and girls to fully exercise their rights, determine their life outcomes, assume leadership roles, and influence decision-making in households, communities, and societies; and
(5) to improve the access of women and girls to education, particularly higher education opportunities in business, finance, and management, in order to enhance financial literacy and business development, management, and strategy skills.
(c) Actions In order to advance the policy described in subsection (b), the Administrator of the United States Agency for International Development shall ensure that—
(1) strategies, projects, and activities of the Agency are shaped by a gender analysis;
(2) standard indicators are used to assess such strategies, projects, and activities, if applicable; and
(3) gender equality and female empowerment are integrated throughout the Agency’s program cycle and related processes for purposes of strategic planning, project design and implementation, monitoring, and evaluation.
(Pub. L. 115–428, § 3, Jan. 9, 2019, 132 Stat. 5511.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Women’s Entrepreneurship and Economic Empowerment Act of 2018, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Madeleine K. Albright Women’s Leadership ProgramPub. L. 117–328, div. K, title VII, § 7059(b), Dec. 29, 2022, 136 Stat. 5079, provided that: “Of the funds appropriated under title III of this Act [title III of div. K of Pub. L. 117–328, 136 Stat. 4985, see Tables for classification], not less than $50,000,000 shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels: Provided, That such programs shall hereafter be collectively named the ‘Madeleine K. Albright Women’s Leadership Program’.”
FindingsPub. L. 115–428, § 2, Jan. 9, 2019, 132 Stat. 5509, provided that: “Congress finds the following: “(1) Because women make up the majority of the world’s poor and gender inequalities prevail in incomes, wages, access to finance, ownership of assets, and control over the allocation of resources, women’s entrepreneurship and economic empowerment is important to achieve inclusive economic growth at all levels of society. “(2) Research shows that when women exert greater influence over household finances, economic outcomes for families improve, and childhood survival rates, food security, and educational attainment increase. Women also tend to place a greater emphasis on household savings which improves family financial resiliency. “(3) A 2016 report by the McKinsey Global Institute estimated that achieving global gender parity in economic activity could add as much as $28,000,000,000,000 to annual global gross domestic product by 2025. “(4) Lack of access to financial services that address gender-specific constraints impedes women’s economic inclusion. Roughly 1,000,000,000 women around the world are currently left out of the formal financial system, which causes many women to rely on informal means of saving and borrowing that are riskier and less reliable. “(5) Among other consequences, this lack of access hampers the success of women entrepreneurs, including women who are seeking to run or grow small and medium-sized enterprises. The International Finance Corporation has estimated that 70 percent of women-owned small and medium-sized enterprises in the formal sector are unserved or underserved in terms of access to financial services, resulting in a financing gap of $300,000,000,000 for women-owned small businesses. “(6) Women’s economic empowerment is inextricably linked to a myriad of other women’s human rights that are essential to their ability to thrive as economic actors across the lifecycle, including—“(A) living lives free of violence and exploitation; “(B) achieving the highest possible standard of health and well-being; “(C) enjoying full legal and human rights, such as access to registration, identification, and citizenship documents; “(D) benefitting from formal and informal education; “(E) equal protection of and access to land and property rights; “(F) access to fundamental labor rights; “(G) policies to address disproportionate care burdens; and “(H) business and management skills and leadership opportunities. “(7) Discriminatory legal and regulatory systems and banking practices are obstacles to women’s access to capital and assets, including land, machinery, production facilities, technology, and human resources. These barriers are often connected to a woman’s marital status, which can determine whether she is able to inherit land or own property in her name. These constraints contribute to women frequently running smaller businesses, with fewer employees and lower asset values. “(8) Savings groups primarily comprised of women are recognized as a vital entry point, especially for poor and very poor women, to formal financial services. There is a high demand for such groups to protect and grow the savings of women with formal financial institutions. “(9) Evidence shows that, once a saving group is linked to a bank, the average savings per member increases between 40 to 100 percent and the average profit per member doubles. Investing in financial literacy, business leadership training, and mentorship are key elements to these outcomes. “(10) United States support for microenterprise and microfinance development programs, which seek to reduce poverty in low-income countries by giving small loans to small-scale entrepreneurs without collateral, have been a useful mechanism to help families weather economic shocks, but many microcredit borrowers largely remain in poverty. “(11) The vast majority of microcredit borrowers are women who would like to move up the economic ladder, but are held back by binding constraints that create a missing middle – large numbers of microenterprises, a handful of large firms or conglomerates, and very few small and medium-sized enterprises in between, which are critical to driving economic growth in developing countries. “(12) According to the World Bank, small and medium-sized enterprises create 4 out of 5 new positions in emerging markets, but approximately 50 percent of formal small and medium-sized enterprises lack access to formal credit. The financing gap is even larger when micro and informal enterprises are taken into account. Overall, approximately 70 percent of all micro, small, and medium-sized enterprises in emerging markets lack access to credit.”
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---
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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# 22 U.S.C. § 2151a–1 - Agricultural research
## Text
Agricultural research carried out under this chapter shall (1) take account of the special needs of small farmers in the determination of research priorities, (2) include research on the interrelationships among technology, institutions, and economic, social, environmental, and cultural factors affecting small-farm agriculture, and (3) make extensive use of field testing to adapt basic research to local conditions. Special emphasis shall be placed on disseminating research results to the farms on which they can be put to use, and especially on institutional and other arrangements needed to assure that small farmers have effective access to both new and existing improved technology.
(Pub. L. 87–195, pt. I, § 103A, as added Pub. L. 94–161, title III, § 303, Dec. 20, 1975, 89 Stat. 857; amended Pub. L. 95–424, title I, § 103(d), Oct. 6, 1978, 92 Stat. 945.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1978—Pub. L. 95–424 inserted “environmental” after “social” in cl. 2.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
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---
# 22 U.S.C. § 2151a - Agricultural development in rural areas
## Text
(a) Authorization to President to furnish assistance; appropriations (1) In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition—
(A) to alleviate starvation, hunger, and malnutrition;
(B) to expand significantly the provision of basic services to rural poor people to enhance their capacity for self-help; and
(C) to help create productive farm and off-farm employment in rural areas to provide a more viable economic base and enhance opportunities for improved incomes, living standards, and contributions by rural poor people to the economic and social development of their countries.
(2) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year 1987. Of these amounts, the President may use such amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980. Amounts appropriated under this section are authorized to remain available until expended.
(3) Of the amounts authorized to be appropriated in paragraph (2) for the fiscal year 1987, not less than $2,000,000 shall be available only for the purpose of controlling and eradicating amblyomma variegatum (heartwater) in bovine animals in the Caribbean.
(b) Use of assistance primarily in aid of rural poor; multilateral infrastructure projects; forestry proj­ects (1) Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the productivity and income of the rural poor, through such means as creation and strengthening of local institutions linked to the regional and national levels; organization of a system of financial institutions which provide both savings and credit services to the poor; stimulation of small, labor-intensive enterprises in rural towns; improvement of marketing facilities and systems; expansion of rural infrastructure and utilities such as farm-to-market roads, water management systems, land improvement, energy, and storage facilities; establishment of more equitable and more secure land tenure arrangements; and creation and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, fertilizer, water, forestry, soil conservation, and improved seed, in ways which assure access to them by small farmers.
(2) In circumstances where development of major infrastructure is necessary to achieve the objectives set forth in this section, assistance for that purpose should be furnished under this part in association with significant contributions from other countries working together in a multilateral framework. Infrastructure proj­ects so assisted should be complemented by other measures to ensure that the benefits of the infrastructure reach the poor.
(3) The Congress recognizes that the accelerating loss of forests and tree cover in developing countries undermines and offsets efforts to improve agricultural production and nutrition and otherwise to meet the basic human needs of the poor. Deforestation results in increased flooding, reduction in water supply for agricultural capacity, loss of firewood and needed wood products, and loss of valuable plants and animals. In order to maintain and increase forest resources, the President is authorized to provide assistance under this section for forestry projects which are essential to fulfill the fundamental purposes of this section. Emphasis shall be given to community woodlots, agroforestry, reforestation, protection of watershed forests, and more effective forest management.
(c) Increased agricultural production in least developed countries The Congress finds that the greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the agricultural producers in developing countries. Increasing the emphasis on rural development and expanded food production in the poorest nations of the developing world is a matter of social justice and a principal element contributing to broadly based economic growth, as well as an important factor in alleviating inflation in the industrialized countries. In the allocation of funds under this section, special attention shall be given to increasing agricultural production in countries which have been designated as “least developed” by the United Nations General Assembly.
(d) Coordination with population planning and health programs Assistance provided under this section shall also be used in coordination with programs carried out under section 2151b of this title to help improve nutrition of the people of developing countries through encouragement of increased production of crops with greater nutritional value; improvement of planning, research, and education with respect to nutrition, particularly with reference to improvement and expanded use of indigenously produced foodstuffs; and the undertaking of pilot or demonstration programs explicitly addressing the problem of malnutrition of poor and vulnerable people. In particular, the President is encouraged—
(1) to devise and carry out in partnership with developing countries a strategy for programs of nutrition and health improvement for mothers and children, including breast feeding; and
(2) to provide technical, financial, and material support to individuals or groups at the local level for such programs.
(e) Use of local currency proceeds from sales of commodities Local currency proceeds from sales of commodities provided under the Food for Peace Act [7 U.S.C. 1691 et seq.] which are owned by foreign governments shall be used whenever practicable to carry out the provisions of this section.
(f) National food security policies and programs; bilateral and multilateral assistance The Congress finds that the efforts of developing countries to enhance their national food security deserves encouragement as a matter of United States development assistance policy. Measures complementary to assistance for expanding food production in developing countries are needed to help assure that food becomes increasingly available on a regular basis to the poor in such countries. Therefore, United States bilateral assistance under this chapter and the Food for Peace Act [7 U.S.C. 1691 et seq.], and United States participation in multilateral institutions, shall emphasize policies and programs which assist developing countries to increase their national food security by improving their food policies and management and by strengthening national food reserves, with particular concern for the needs of the poor, through measures encouraging domestic production, building national food reserves, expanding available storage facilities, reducing postharvest food losses, and improving food distribution.
(g) International Fund for Agricultural Development; participation and contributions; availability of appropriations (1) In order to carry out the purposes of this section, the President may continue United States participation in and may make contributions to the International Fund for Agricultural Development.
(2) Of the aggregate amount authorized to be appropriated to carry out subchapter I of this chapter, up to $50,000,000 for fiscal year 1986 and up to $50,000,000 for fiscal year 1987 may be made available, by appropriation or by transfer, for United States contributions to the second replenishment of the International Fund for Agricultural Development.
(Pub. L. 87–195, pt. I, § 103, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93–559, § 2, Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94–161, title III, § 302, Dec. 20, 1975, 89 Stat. 856; Pub. L. 95–88, title I, § 102, Aug. 3, 1977, 91 Stat. 534; Pub. L. 95–424, title I, § 103(a), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96–53, title I, § 101, Aug. 14, 1979, 93 Stat. 359; Pub. L. 96–533, title III, § 301, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97–113, title III, § 301(a), (c), Dec. 29, 1981, 95 Stat. 1531, 1532; Pub. L. 99–83, title III, § 302, title X, § 1001, Aug. 8, 1985, 99 Stat. 214, 270; Pub. L. 99–399, title XIII, § 1304, Aug. 27, 1986, 100 Stat. 898; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)
## Notes
Editorial Notes
References in TextSection 316 of the International Security and Development Cooperation Act of 1980, referred to in subsec. (a)(2), is section 316 of Pub. L. 96–533, title III, Dec. 16, 1980, 94 Stat. 3149, set out as a note below. The Food for Peace Act, referred to in subsecs. (e) and (f), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified generally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. This chapter, referred to in subsec. (f), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments2008—Subsecs. (e), (f). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”. 1986—Subsec. (a)(3). Pub. L. 99–399 added par. (3). 1985—Subsec. (a)(2). Pub. L. 99–83, § 302, substituted “$760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year 1987. Of these amounts, the President may use such amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980.” for “$700,000,000 for the fiscal year 1982 and $700,000,000 for the fiscal year 1983, of which up to $1,000,000 for each such fiscal year shall be available only to carry out section 316 of the International Security and Development Cooperation Act of 1980.” Subsec. (g). Pub. L. 99–83, § 1001, amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “In order to carry out the purposes of this section, the President may continue to participate in and may provide, on such terms and conditions as he may determine, up to $180,000,000 to the International Fund for Agricultural Development. There are authorized to be appropriated to the President for the purposes of this subsection $180,000,000, except that not more than $40,500,000 may be appropriated under this subsection for the fiscal year 1982. Amounts appropriated under this subsection are authorized to remain available until expended.” 1981—Subsec. (a)(2). Pub. L. 97–113, § 301(a), substituted “$700,000,000 for the fiscal year 1982 and $700,000,000 for the fiscal year 1983, of which up to $1,000,000 for each such fiscal year shall be available only to carry out section 316 of the International Security and Development Cooperation Act of 1980” for “$713,500,000 for the fiscal year 1981”. Subsec. (g). Pub. L. 97–113, § 301(c), added subsec. (g). 1980—Subsec. (a)(2). Pub. L. 96–533 substituted appropriations authorization of $713,500,000 for fiscal year 1981 for such authorization of $659,000,000 for fiscal year 1980. 1979—Subsec. (a)(2). Pub. L. 96–53, § 101(a), substituted provisions authorizing appropriations of $659,000,000 for fiscal year 1980, for provisions author­izing appropriations of $665,213,000 for fiscal year 1979. Subsec. (b)(3). Pub. L. 96–53, § 101(b), added par. (3). Subsec. (f). Pub. L. 96–53, § 101(c), added subsec. (f). 1978—Pub. L. 95–424 amended section generally, updating and clarifying the purposes of assistance to more accurately reflect the range of activities authorized by this section. 1977—Subsec. (a). Pub. L. 95–88, § 102(a), struck out provisions authorizing appropriations of $291,000,000 for the fiscal year 1974, $500,000,000 for the fiscal year 1975, and $618,800,000 for the fiscal year 1976, and inserted provisions authorizing the appropriation of $580,000,000 for the fiscal year 1978. Subsec. (h). Pub. L. 95–88, § 102(b), added subsec. (h). 1975—Subsec. (a). Pub. L. 94–161, § 302(1), authorized appropriation of $618,800,000 and $745,000,000 for fiscal years 1976 and 1977, respectively. Subsecs. (c) to (g). Pub. L. 94–161, § 302(2), added subsecs. (c) to (g). 1974—Subsec. (a). Pub. L. 93–559, § 2(1), (2), designated existing provisions as subsec. (a) and increased appropriations authorization for fiscal year 1975 to $500,000,000 from $291,000,000. Subsec. (b). Pub. L. 93–559, § 2(3), added subsec. (b).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 2008 AmendmentAmendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
International Fund for Agricultural Development; Sixth ReplenishmentPub. L. 108–199, div. D, title V, § 577, Jan. 23, 2004, 118 Stat. 201, provided that: “The Secretary of the Treasury may, to fulfill commitments of the United States, contribute on behalf of the United States to the sixth replenishment of the resources of the International Fund for Agricultural Development. The following amount is authorized to be appropriated without fiscal year limitation for payment by the Secretary of the Treasury: $45,000,000 for the International Fund for Agricultural Development.”
World HungerPub. L. 96–533, title III, § 316, Dec. 16, 1980, 94 Stat. 3149, provided: “(a) In order to further the purposes of section 103 of the Foreign Assistance Act of 1961 [this section], the Director of the United States International Development Cooperation Agency shall encourage the ongoing work of private and voluntary organizations to deal with world hunger problems abroad. To this end, the Director shall help facilitate widespread public discussion, analysis, and review of the issues raised by the Report of the Presidential Commission on World Hunger of March 1980, especially the issues raised by the Commission’s call for increased public awareness of the political, economic, technical, and social factors relating to hunger and poverty. “(b) As a means of carrying out subsection (a), and to ensure the effectiveness of private and voluntary organizations in dealing with world hunger abroad, the Director is urged to provide assistance to private and voluntary organizations engaged in facilitating public discussion of hunger and other related issues.” [For abolition of United States International Development Cooperation Agency (other than Agency for International Development and Overseas Private Investment Corporation), transfer of functions, and treatment of references thereto, see sections 6561, 6562, and 6571 of this title.] [For transfer of functions, personnel, assets, and liabilities of Overseas Private Investment Corporation to United States International Development Finance Corporation and treatment of related references, see sections 9683 and 9686(d) of this title.]
Reduction of Postharvest Losses of FoodPub. L. 96–533, title III, § 317, Dec. 16, 1980, 94 Stat. 3149, provided: “It is the sense of the Congress that— “(1) the President should reaffirm the policy of the United States Government to support the goal established by the United Nations General Assembly of reducing by 50 percent postharvest losses of food in developing countries; and “(2) the President, acting through the Agency for International Development, should increase substantially the proportion of funds made available under the Foreign Assistance Act of 1961 [see Short Title note set out under section 2151 of this title] for the purpose of assisting, together with other donor countries and with developing countries, in the reduction of post­harvest losses of food in developing countries.”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151aa - Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries
## Text
(a) Establishment of program (1) In general Not later than 150 days after October 21, 1998, the Secretary of the Treasury, after consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries.
(2) Role of Secretary of State The Secretary of State shall provide foreign policy guidance to the Secretary to ensure that the program established under this subsection is effectively integrated into the foreign policy of the United States.
(b) Conduct of program (1) In general In carrying out the program established under subsection (a), 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 chapter. Such advances may be credited to the currently applicable appropriation, account, or fund of the Department of the Treasury and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.
(e) Issuance of regulations The Secretary is authorized to issue such regulations with respect to personal service contractors as the Secretary deems necessary to carry out this section.
(f) Rule of construction Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in section 4802 of this title) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
(g) Termination of assistance The Secretary shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) if the Secretary, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner.
(h) Report (1) In general Not later than 3 months after October 21, 1998, and every 6 months thereafter, the Secretary shall prepare and submit to the appropriate congressional committees a report on the conduct of the program established under this section during the preceding 6-month period.
(2) Definition In this subsection, the term “appropriate congressional committees” means—
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(i) Definitions In this section:
(1) Developing or transitional country The term “developing or transitional country” means a country eligible to receive development assistance under this part.
(2) International financial institution The term “international financial institution” means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa.
(3) Secretary The term “Secretary” means the Secretary of the Treasury.
(4) Technical assistance The term “technical assistance” includes—
(A) the use of short-term and long-term expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1);
(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.
(Pub. L. 87–195, pt. I, § 129, as added Pub. L. 105–277, div. A, § 101(d) [title V, § 589(a)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–205; amended Pub. L. 106–309, title II, § 204, Oct. 17, 2000, 114 Stat. 1092.)
## Notes
Editorial Notes
References in TextThe Foreign Service Act of 1980, referred to in subsec. (d)(1), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter 9 of title I of the Foreign Service Act of 1980 is classified generally to subchapter IX (§ 4081 et seq.) of chapter 52 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. This chapter, referred to in subsec. (d)(4), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Another section 129 of Pub. L. 87–195 was renumbered section 130 and is classified to section 2152 of this title.
Amendments2000—Subsec. (b)(3). Pub. L. 106–309 added par. (3).
Statutory Notes and Related Subsidiaries
Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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# 22 U.S.C. § 2151b–1 - Assistance for malaria prevention, treatment, control, and elimination
## Text
(a) Assistance (1) In general The Administrator of the United States Agency for International Development, in coordination with the heads of other appropriate Federal agencies and nongovernmental organizations, shall provide assistance for the establishment and conduct of activities designed to prevent, treat, control, and eliminate malaria in countries with a high percentage of malaria cases.
(2) Consideration of interaction among epidemics In providing assistance pursuant to paragraph (1), the Administrator should consider the interaction among the epidemics of HIV/AIDS, malaria, and tuberculosis.
(3) Dissemination of information requirement Activities referred to in paragraph (1) shall include the dissemination of information relating to the development of vaccines and therapeutic agents for the prevention of malaria (including information relating to participation in, and the results of, clinical trials for such vaccines and agents conducted by United States Government agencies) to appropriate officials in such countries.
(b) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of the fiscal years 2001 and 2002.
(2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
(Pub. L. 106–570, title I, § 103, Dec. 27, 2000, 114 Stat. 3039.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Assistance for International Malaria Control Act and also as part of the International Malaria Control Act of 2000, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
FindingsPub. L. 106–570, title I, § 102, Dec. 27, 2000, 114 Stat. 3039, provided that: “Congress makes the following findings: “(1) The World Health Organization estimates that there are 300,000,000 to 500,000,000 cases of malaria each year. “(2) According to the World Health Organization, more than 1,000,000 persons are estimated to die due to malaria each year. “(3) According to the National Institutes of Health, about 40 percent of the world’s population is at risk of becoming infected. “(4) About half of those who die each year from malaria are children under 9 years of age. “(5) Malaria kills one child each 30 seconds. “(6) Although malaria is a public health problem in more than 90 countries, more than 90 percent of all malaria cases are in sub-Saharan Africa. “(7) In addition to Africa, large areas of Central and South America, Haiti and the Dominican Republic, the Indian subcontinent, Southeast Asia, and the Middle East are high risk malaria areas. “(8) These high risk areas represent many of the world’s poorest nations. “(9) Malaria is particularly dangerous during pregnancy. The disease causes severe anemia and is a major factor contributing to maternal deaths in malaria endemic regions. “(10) ‘Airport malaria’, the importing of malaria by international aircraft and other conveyances, is becoming more common, and the United Kingdom reported 2,364 cases of malaria in 1997, all of them imported by travelers. “(11) In the United States, of the 1,400 cases of malaria reported to the Centers for Disease Control and Prevention in 1998, the vast majority were imported. “(12) Between 1970 and 1997, the malaria infection rate in the United States increased by about 40 percent. “(13) Malaria is caused by a single-cell parasite that is spread to humans by mosquitoes. “(14) No vaccine is available and treatment is hampered by development of drug-resistant parasites and insecticide-resistant mosquitoes.”
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---
# 22 U.S.C. § 2151b–2 - Assistance to combat HIV/AIDS
## Text
(a) Finding Congress recognizes that the alarming spread of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America and other developing countries is a major global health, national security, development, and humanitarian crisis.
(b) Policy (1) Objectives It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention and treatment of HIV/AIDS and the care of those affected by the disease. It is the policy objective of the United States, by 2013, to—
(A) assist partner countries to—
(i) prevent 12,000,000 new HIV infections worldwide;
(ii) support—
(I) the increase in the number of individuals with HIV/AIDS receiving antiretroviral treatment above the goal established under section 7672(a)(3) 11 See References in Text note below. of this title and increased pursuant to paragraphs (1) through (3) of section 7673(d) 1 of this title; and
(II) additional treatment through coordinated multilateral efforts;
(iii) support care for 12,000,000 individuals infected with or affected by HIV/AIDS, including 5,000,000 orphans and vulnerable children affected by HIV/AIDS, with an emphasis on promoting a comprehensive, coordinated system of services to be integrated throughout the continuum of care;
(iv) provide at least 80 percent of the target population with access to counseling, testing, and treatment to prevent the transmission of HIV from mother-to-child;
(v) provide care and treatment services to children with HIV in proportion to their percentage within the HIV-infected population of a given partner country; and
(vi) train and support retention of health care professionals, paraprofessionals, and community health workers in HIV/AIDS prevention, treatment, and care, with the target of providing such training to at least 140,000 new health care professionals and paraprofessionals with an emphasis on training and in country deployment of critically needed doctors and nurses;
(B) strengthen the capacity to deliver primary health care in developing countries, especially in sub-Saharan Africa;
(C) support and help countries in their efforts to achieve staffing levels of at least 2.3 doctors, nurses, and midwives per 1,000 population, as called for by the World Health Organization; and
(D) help partner countries to develop independent, sustainable HIV/AIDS programs.
(2) Coordinated global strategy The United States and other countries with the sufficient capacity should provide assistance to countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, and Latin America, and other countries and regions confronting HIV/AIDS epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through HIV/AIDS prevention, treatment, care, monitoring and evaluation, and related activities.
(3) Priorities The United States Government’s response to the global HIV/AIDS pandemic and the Government’s efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on—
(A) the prevention of the transmission of HIV;
(B) moving toward universal access to HIV/AIDS prevention counseling and services;
(C) the inclusion of cost sharing assurances that meet the requirements under section 2151h of this title; 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 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for HIV/AIDS, including to prevent, treat, and monitor HIV/AIDS, and carry out related activities, in countries in sub-Saharan Africa, the Caribbean, 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..22 So in original.
(3) Coordination of assistance efforts The President shall coordinate the provision of assistance under paragraph (1) with the provision of related assistance by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children’s Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and other appropriate international organizations (such as the International Bank for Reconstruction and Development), relevant regional multilateral development institutions, national, state, and local governments of partner countries, other international actors,,2 appropriate governmental and nongovernmental organizations, and relevant executive branch agencies within the framework of the principles of the Three Ones.
(d) Activities supported Assistance provided under subsection (c) shall, to the maximum extent practicable, be used to carry out the following activities:
(1) Prevention Prevention of HIV/AIDS through activities including—
(A) programs and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of HIV infection, including integration of such programs into health programs and the inclusion in counseling programs of information on methods of avoiding infection of HIV, including delaying sexual debut, abstinence, fidelity and monogamy, reduction of casual sexual partnering and multiple concurrent sexual partnering,,2 reducing sexual violence and coercion, including child marriage, widow inheritance, and polygamy, and where appropriate, use of male and female condoms;
(B) assistance to establish and implement culturally appropriate HIV/AIDS education and prevention programs that are designed with local input and focus on helping individuals avoid infection of HIV/AIDS, implemented through nongovernmental organizations, including faith-based and community-based organizations, particularly those locally based organizations that utilize both professionals and volunteers with appropriate skills, experience, and community presence;
(C) assistance for the purpose of encouraging men to be responsible in their sexual behavior, child rearing, and to respect women;
(D) assistance for the purpose of providing voluntary testing and counseling (including the incorporation of confidentiality protections with respect to such testing and counseling) and promoting the use of provider-initiated or “opt-out” voluntary testing in accordance with World Health Organization guidelines;
(E) assistance for the purpose of preventing mother-to-child transmission of the HIV infection, including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding;
(F) assistance to—
(i) achieve the goal of reaching 80 percent of pregnant women for prevention and treatment of mother-to-child transmission of HIV in countries in which the United States is implementing HIV/AIDS programs by 2013; and
(ii) promote infant feeding options and treatment protocols that meet the most recent criteria established by the World Health Organization;
(G) medical male circumcision programs as part of national strategies to combat the transmission of HIV/AIDS;
(H) assistance to ensure a safe blood supply and sterile medical equipment;
(I) assistance to help avoid substance abuse and intravenous drug use that can lead to HIV infection;
(J) assistance for the purpose of increasing women’s access to employment opportunities, income, productive resources, and microfinance programs, where appropriate.33 So in original. The period probably should 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; 44 So in original. The word “and” probably should appear.
(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; 55 So in original. The semicolon probably should be a period.
(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 66 So in original. The word “and” probably should not appear.
(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 2151h of this title; 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 July 30, 2008.
(G) Amounts made available for compacts described in subparagraphs (A) and (B) shall be subject to the inclusion of—
(i) cost sharing assurances that meet the requirements under section 2151h of this title; 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 2151b(c) of this title, this section, section 2151b–3 of this title, and section 2151b–4 of this title. Such amount shall be in addition to other amounts otherwise available for such purposes.
(h) Definitions In this section:
(1) AIDS The term “AIDS” means acquired immune deficiency syndrome.
(2) HIV The term “HIV” means the human immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with HIV or living with AIDS.
(4) Relevant executive branch agencies The term “relevant executive branch agencies” means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including its agencies and offices), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this chapter.
(Pub. L. 87–195, pt. I, § 104A, as added Pub. L. 108–25, title III, § 301(a)(2), May 27, 2003, 117 Stat. 728; amended Pub. L. 110–293, title III, § 301(a)–(e), July 30, 2008, 122 Stat. 2945–2953; Pub. L. 113–56, § 5, Dec. 2, 2013, 127 Stat. 650.)
## Notes
Editorial Notes
References in TextSection 7672(a)(3) of this title and section 7673(d) of this title, referred to in subsec. (b)(1)(A)(ii)(I), were in the original references to sections 402(a)(3) and 403(d), respectively, and were translated as meaning sections 402(a)(3) and 403(d), respectively, of Pub. L. 108–25, to reflect the probable intent of Congress. The PEPFAR Stewardship and Oversight Act of 2013, referred to in subsec. (f)(2), is Pub. L. 113–56, Dec. 2, 2013, 127 Stat. 648. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 7601 of this title and Tables. This chapter, referred to in subsec. (h)(4), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments2013—Subsec. (f). Pub. L. 113–56 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual reports on the implementation of this section. 2008—Subsec. (a). Pub. L. 110–293, § 301(a)(1), inserted “Central Asia, Eastern Europe, Latin America” after “Caribbean,”. Subsec. (b). Pub. L. 110–293, § 301(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention, treatment, and control of HIV/AIDS. The United States and other developed countries should provide assistance to countries in sub-Saharan Africa, the Caribbean, and other countries and areas to control this crisis through HIV/AIDS prevention, treatment, monitoring, and related activities, particularly activities focused on women and youth, including strategies to protect women and prevent mother-to-child transmission of the HIV infection.” Subsec. (c)(1). Pub. L. 110–293, § 301(b)(1), substituted “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” for “and other countries and areas”. Subsec. (c)(2). Pub. L. 110–293, § 301(b)(2), substituted “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.” for “and other countries and areas affected by the HIV/AIDS pandemic”. Subsec. (c)(3). Pub. L. 110–293, § 301(b)(3), substituted “partner countries, other international actors,” for “foreign countries” and inserted “within the framework of the principles of the Three Ones” before the period at end. Subsec. (d)(1)(A). Pub. L. 110–293, § 301(c)(1)(A), inserted “and multiple concurrent sexual partnering,” after “casual sexual partnering” and substituted “male and female condoms” for “condoms”. Subsec. (d)(1)(B). Pub. L. 110–293, § 301(c)(1)(B), substituted “programs that are designed with local input and” for “programs that” and “those locally based organizations” for “those organizations”. Subsec. (d)(1)(D). Pub. L. 110–293, § 301(c)(1)(C), inserted “and promoting the use of provider-initiated or ‘opt-out’ voluntary testing in accordance with World Health Organization guidelines” before the semicolon at end. Subsec. (d)(1)(F) to (K). Pub. L. 110–293, § 301(c)(1)(D)–(G), added subpars. (F), (G), and (K) and redesignated former subpars. (F) to (H) as (H) to (J), respectively. Subsec. (d)(2)(C) to (E). Pub. L. 110–293, § 301(c)(2), inserted “pain management,” after “opportunistic infections,” in subpar. (C) and added subpars. (D) and (E). Subsec. (d)(4)(E), (F). Pub. L. 110–293, § 301(c)(3), added subpars. (E) and (F). Subsec. (d)(5)(C), (D). Pub. L. 110–293, § 301(c)(4), added subpar. (C) and redesignated former subpar. (C) as (D). Subsec. (d)(6). Pub. L. 110–293, § 301(c)(5)(A), substituted “Related and coordinated activities” for “Related activities” in heading. Subsec. (d)(6)(D) to (G). Pub. L. 110–293, § 301(c)(5)(B)–(D), added subpars. (D) to (G). Subsec. (d)(8). Pub. L. 110–293, § 301(c)(6), added par. (8). Subsecs. (e), (f). Pub. L. 110–293, § 301(d), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 110–293, § 301(e)(1), substituted “Committee on Foreign Affairs” for “Committee on International Relations”. Subsec. (f)(2)(C), (D). Pub. L. 110–293, § 301(e)(2), added subpars. (C) and (D) and struck out former subpar. (C) which required a detailed assessment of the impact of programs established under this section and sections 2151b–3 and 2151b–4 of this title. Subsecs. (g), (h). Pub. L. 110–293, § 301(d)(1), redesignated subsecs. (f) and (g) as (g) and (h), respectively.
Statutory Notes and Related Subsidiaries
Submission of Annual ReportPub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 477, provided in part: “That the annual report required by section 104(A)(f) [probably should be “104A(f)”] of the Foreign Assistance Act of 1961 [22 U.S.C. 2151b–2(f)] shall also be submitted hereafter to the Committees on Appropriations”.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151b–3 - Assistance to combat tuberculosis
## Text
(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 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of tuberculosis.
(d) Coordination In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program.
(e) Priority to 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.
(Pub. L. 87–195, pt. I, § 104B, as added Pub. L. 108–25, title III, § 302(a), May 27, 2003, 117 Stat. 734; amended Pub. L. 110–293, title III, § 302(a)–(e), July 30, 2008, 122 Stat. 2957–2959.)
## Notes
Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110–293, § 302(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “It is a major objective of the foreign assistance program of the United States to control tuberculosis, including the detection of at least 70 percent of the cases of infectious tuberculosis, and the cure of at least 85 percent of the cases detected, not later than December 31, 2005, in those countries classified by the World Health Organization as among the highest tuberculosis burden, and not later than December 31, 2010, in all countries in which the United States Agency for International Development has established development programs.” Subsec. (e). Pub. L. 110–293, § 302(b), amended subsec. (e) generally. Prior to amendment, text read as follows: “In furnishing assistance under subsection (c) of this section, the President shall give priority to activities that increase Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi-drug resistant tuberculosis where needed using DOTS-Plus, including funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development. In order to meet the requirement of the preceding sentence, the President should ensure that not less than 75 percent of the amount made available to carry out this section for a fiscal year should be expended for antituberculosis drugs, supplies, direct patient services, and training in diagnosis and treatment for Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi-drug resistant tuberculosis using DOTS-Plus, including substantially increased funding for the Global Tuberculosis Drug Facility.” Subsecs. (f) to (h). Pub. L. 110–293, § 302(c), (d), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h). Subsec. (h)(1). Pub. L. 110–293, § 302(e)(1), substituted “tuberculosis including—” for “tuberculosis.” and added subpars. (A) to (H). Subsec. (h)(5), (6). Pub. L. 110–293, § 302(e)(2), (3), added par. (5) and redesignated former par. (5) as (6).
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151b–4 - Assistance to combat malaria
## Text
(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 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of malaria.
(d) Coordination In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the Department of Health and Human Services (the Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive malaria control program.
(Pub. L. 87–195, pt. I, § 104C, as added Pub. L. 108–25, title III, § 303(a), May 27, 2003, 117 Stat. 736; amended Pub. L. 110–293, title III, § 303(a), July 30, 2008, 122 Stat. 2960.)
## Notes
Editorial Notes
Amendments2008—Subsec. (b). Pub. L. 110–293 inserted “treatment,” after “control,”.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151c–1 - United States assistance to support educational services for displaced children
## Text
(a) In general The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that—
(1) provide safe primary and secondary education for displaced children;
(2) build the capacity of institutions in countries hosting displaced people to prevent discrimination against displaced children, especially displaced girls, who seek access to such education; and
(3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities responsible for educational or youth services in such host countries.
(b) Coordination with multilateral organizations The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations to work with governments in other countries to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity, in order to improve the targeting, monitoring, and evaluation of related assistance efforts.
(c) Coordination with private sector and civil society organizations The Secretary and the Administrator are authorized to work with private sector and civil society organizations to promote safe primary and secondary education for displaced children.
(Pub. L. 115–442, § 5, Jan. 14, 2019, 132 Stat. 5591.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Protecting Girls’ Access to Education in Vulnerable Settings Act, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
FindingsPub. L. 115–442, § 2, Jan. 14, 2019, 132 Stat. 5590, provided that: “Congress finds the following: “(1) As of June 2018, more than 68,000,000 people have been displaced by disasters and conflicts around the world, the highest number recorded since the end of World War II, of which more than 25,000,000 people are refugees. “(2) More than half of the population of refugees are children and, according to the United Nations High Commissioner for Refugees, nearly 4,000,000 school-aged refugee children lack access to primary education. “(3) Education offers socioeconomic opportunities, psychological stability, and physical protection for displaced people, particularly for women and girls, who might otherwise be vulnerable to severe forms of trafficking in persons (as such term is defined in section 103(9) [now 103(11)] of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9) [now 7102(11)]), child marriage, sexual exploitation, or economic disenfranchisement. “(4) Displaced children face considerable barriers to accessing educational services and, because the duration of such displacement is, on average, 26 years, such children may spend the entirety of their childhood without access to such services. “(5) Despite the rising need for educational services, as of 2016, less than two percent of humanitarian aid was directed toward educational services.”
Statement of PolicyPub. L. 115–442, § 4, Jan. 14, 2019, 132 Stat. 5591, provided that: “It is the policy of the United States to— “(1) partner with and encourage other countries, public and private multilateral institutions, and nongovernmental and civil society organizations, including faith-based organizations and organizations representing parents and children, to support efforts to ensure that displaced children have access to safe primary and secondary education; “(2) work with donors to enhance training and capacity-building for the governments of countries hosting significant numbers of displaced people to design, implement, and monitor programs to effectively address barriers to such education; and “(3) coordinate with the governments of countries hosting significant numbers of displaced people to—“(A) promote the inclusion of displaced children into the educational systems of such countries; and “(B) in circumstances in which such inclusion is difficult, develop innovative approaches to providing safe primary and secondary educational opportunities, such as encouraging schools to permit children to be educated by extending the hours of schooling or expanding the number of teachers.”
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# 22 U.S.C. § 2151d - Development of indigenous energy resources
## Text
(a) Congressional statement of findings (1) (A) The Congress finds that energy development and production are vital elements in the development process, that energy shortages in developing countries severely limit the development process in such countries, that two-thirds of the developing countries which import oil depend on it for at least 90 percent of the energy which their economies require, and that the dramatic increase in world oil prices since 1973 has resulted in considerable economic hardship for many developing countries. The Congress is concerned that the value and purpose of much of the assistance provided to developing countries under sections 2151a, 2151b, and 2151c of this title are undermined by the inability of many developing countries to satisfy their energy requirements. Unless the energy deficit of the developing countries can be narrowed by more fully exploiting indigenous sources of energy such as oil, natural gas, and coal, scarce foreign exchange will increasingly have to be diverted to oil imports, primarily to the detriment of long-term development and economic growth.
(B) The Congress recognizes that many developing countries lack access to the financial resources and technology necessary to locate, explore, and develop indigenous energy resources.
(C) The Congress declares that there is potential for at least a moderate increase by 1990 in the production of energy for commercial use in the developing countries which are not members of the Organization of Petroleum Exporting Countries. In addition, there is a compelling need for vigorous efforts to improve the available data on the location, scale, and commercial exploitability of potential oil, natural gas, and coal reserves in developing countries, especially those which are not members of the Organization of Petroleum Exporting Countries. The Congress further declares that there are many benefits to be gained by the developing countries and by the United States and other developed countries through expanded efforts to expedite the location, exploration, and development of potential sources of energy in developing countries. These benefits include, but are not limited to, the following:
(i) The world’s energy supply would be increased and the fear of abrupt depletion would be lessened with new energy production. This could have a positive impact upon energy prices in international markets as well as a positive effect upon the balance of payments problems of many developing countries.
(ii) Diversification of the world’s supplies of energy from fossil fuels would make all countries, developing and developed, less susceptible to supply interruptions and arbitrary production and pricing policies.
(iii) Even a moderate increase in energy production in the developing countries would improve their ability to expand commercial trade, foreign investment, and technology transfer possibilities with the United States and other developed countries.
(D) Assistance for the production of energy from indigenous resources, as authorized by subsection (b) of this section, would be of direct benefit to the poor in developing countries because of the overwhelming impact of imported energy costs upon the lives of the poor and their ability to participate in development.
(2) The Congress also finds that energy production from renewable, decentralized sources and energy conservation are vital elements in the development process. Inadequate access by the poor to energy sources as well as the prospect of depleted fossil fuel reserves and higher energy prices require an enhanced effort to expand the energy resources of developing countries through greater emphasis on renewable sources. Renewable and decentralized energy technologies have particular applicability for the poor, especially in rural areas.
(b) General assistance authority; cooperative programs in energy production and conservation; program goals (1) In order to help developing countries alleviate their energy problems by improving their ability to use indigenous energy resources to produce the energy needed by their economies, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to enable such countries to prepare for and undertake development of their energy resources. Such assistance may include data collection and analysis, the training of skilled personnel, research on and development of suitable energy sources, and pilot projects to test new methods of energy production.
(2) The President is authorized to furnish assistance under this part for cooperative programs with developing countries in energy production and conservation, through research on and development and use of small-scale, decentralized, renewable energy sources for rural areas carried out as integral parts of rural development efforts in accordance with section 2151a of this title. Such programs shall also be directed toward the earliest practicable development and use of energy technologies which are environmentally acceptable, require minimum capital investment, are most acceptable to and affordable by the people using them, are simple and inexpensive to use and maintain, and are transferable from one region of the world to another. Such programs may include research on and the development, demonstration, and application of suitable energy technologies (including use of wood); analysis of energy uses, needs, and resources; training and institutional development; and scientific interchange.
(c) Administrative coordination of planning and implementation of programs The agency primarily responsible for administering subchapter I of this chapter and the Department of Energy shall coordinate with one another, to the maximum extent possible, the planning and implementation of energy programs under this part.
(d) Assistance for programs of technical cooperation and development, research, etc. The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the following activities, to the extent that such activities are not authorized by sections 2151a, 2151b, and 2151c of this title:
(1) programs of technical cooperation and development, particularly the development efforts of United States private and voluntary agencies and regional and international development organizations;
(2) programs of research into, and evaluation of, the process of economic development in less developed countries and areas, into the factors affecting the relative success and costs of development activities, and into the means, techniques, and such other aspects of development assistance as the President may determine in order to render such assistance of increasing value and benefit;
(3) programs of reconstruction following natural or manmade disasters and programs of disaster preparedness, including the prediction of and contingency planning for natural disasters abroad;
(4) programs designed to help solve special development problems in the poorest countries and to make possible proper utilization of infrastructure and related projects funded with earlier United States assistance; and
(5) programs of urban development, with particular emphasis on small, labor intensive enterprises, marketing systems for small producers, and financial and other institutions which enable the urban poor to participate in the economic and social development of their country.
(e) Authorization of appropriations 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 2401 of this title; 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.
(Pub. L. 87–195, pt. I, § 106, as added Pub. L. 94–161, title III, § 306(2), Dec. 20, 1975, 89 Stat. 858; amended Pub. L. 95–88, title I, § 105, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95–424, title I, § 106, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96–53, title I, §§ 104(b), 105, Aug. 14, 1979, 93 Stat. 360, 362; Pub. L. 96–533, title III, § 304(b)–(f), Dec. 16, 1980, 94 Stat. 3146; Pub. L. 97–113, title III, § 304, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 99–83, title III, § 307, title XII, § 1211(a)(2), Aug. 8, 1985, 99 Stat. 215, 279; Pub. L. 116–283, div. A, title XII, § 1278, Jan. 1, 2021, 134 Stat. 3981.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2151d, Pub. L. 87–195, pt. I, § 106, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715, authorized additional appropriations of $53,000,000 for fiscal years 1974, and 1975, for assistance to solve selected development problems in such fields as transportation, power, industry, urban development, and export development, prior to repeal by section 306(1) of Pub. L. 94–161.
Amendments2021—Subsecs. (e), (f). Pub. L. 116–283 added subsec. (e) and struck out former subsecs. (e) and (f) which related to authorization of appropriations and financing cooperative projects among United States, Israel, and developing countries, respectively. 1985—Subsec. (b)(1). Pub. L. 99–83, § 1211(a)(2), struck out par. (A) designation, and struck out par. (B) which related to use of funds in fiscal year 1981 for geological and geophysical survey work. Subsec. (e)(1). Pub. L. 99–83, § 307(a), amended par. (1) generally, substituting provisions authorizing appropriations of $207,000,000 for fiscal years 1986 and 1987 for provisions authorizing appropriations of $147,200,000 for fiscal years 1982 and 1983. Subsec. (f). Pub. L. 99–83, § 307(b), added subsec. (f). 1981—Subsec. (d)(3). Pub. L. 97–113, § 304(a), authorized assistance for programs of disaster preparedness, including the prediction of and contingency planning for natural disasters abroad. Subsec. (e)(1). Pub. L. 97–113, § 304(b), substituted appropriations of $147,200,000 for fiscal years 1982 and 1983, for appropriations of $140,000,000 for fiscal year 1981. 1980—Subsec. (a). Pub. L. 96–533, § 304(b), designated existing provisions as subpar. (1)(A), substituted subpar. (B), (C), and (D) for par. (2), (3), and (4) designations, substituted in subpar. (C), cl. (i), (ii), and (iii) for (A), (B), and (C) designations, and added par. (2). Subsec. (b). Pub. L. 96–533, § 304(c), (d), designated existing provisions as subpar. (1)(A), substituted subpar. (B) for par. (2) designation, substituted in subpar. (1)(B) “fiscal year 1981 shall be used for purposes of subparagraph (A)” for “fiscal year 1980 shall be used for purposes of paragraph (1)” and added par. (2). Subsecs. (c) to (e). Pub. L. 96–533, § 304(d)–(f), added subsec. (c), redesignated former subsecs. (c) and (d) as (d) and (e), respectively, and in subsec. (e) designated text as pars. (1) and (2), and in par. (1) as so designated, substituted appropriations authorization of “$140,000,000 for the fiscal year 1981” for such appropriation of “$125,000,000 for the fiscal year 1980”. 1979—Subsecs. (a), (b). Pub. L. 96–53, § 104(b)(2), (3), added subsecs. (a) and (b). Former subsecs. (a) and (b) redesignated (c) and (d), respectively. Subsec. (c). Pub. L. 96–53, § 104(b)(1), (2), redesignated former subsec. (a) as (c), struck out par. (2), relating to programs to increase energy production and conservation, and redesignated pars. (3) to (6) as (2) to (5), respectively. Subsec. (d). Pub. L. 96–53, §§ 104(b)(2), 105, redesignated former subsec. (b) as (d) and substituted provisions authorizing appropriations for fiscal year 1980 of $125,000,000, for provisions author­izing appropriations for fiscal year 1979 of $126,244,000, and setting forth requirements for appropriations available to private voluntary agencies of the United States. 1978—Subsec. (b). Pub. L. 95–424 substituted “$126,244,000 for the fiscal year 1979, which amount is” for “$104,500,000 for the fiscal year 1977 and $105,000,000 for the fiscal year 1978, which amounts are”. 1977—Subsec. (b). Pub. L. 95–88 struck out provisions authorizing an appropriation of $99,550,000 for fiscal year 1976 and inserted provisions authorizing an appropriation of $105,000,000 for fiscal year 1978.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151e - Appropriate technology
## Text
(a) In carrying out activities under this part, the President shall place special emphasis on the use of relatively smaller, cost-saving, labor-using technologies that are generally most appropriate for the small farms, small businesses, and small incomes of the poor.
(b) Funds made available to carry out this part should be used to the extent practicable for activities in the field of appropriate technology, including support of an expanded and coordinated private effort to promote the development and dissemination of appropriate technology in developing countries.
(Pub. L. 87–195, pt. I, § 107, as added Pub. L. 94–161, title III, § 306(2), Dec. 20, 1975, 89 Stat. 859; amended Pub. L. 95–424, title I, § 107, Oct. 6, 1978, 92 Stat. 947.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2151e, Pub. L. 87–195, pt. I, § 107, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715, authorized additional appropriations of $39,000,000 for fiscal years 1974, and 1975, for assistance to select countries and organizations in support of general economy of recipient countries as for development programs conducted by private international organizations, prior to repeal by section 306(1) of Pub. L. 94–161. See section 2151d of this title.
Amendments1978—Pub. L. 95–424 designated existing provisions as subsec. (a), substituted provisions mandating that the President place special emphasis on the use of relatively smaller, cost-saving, labor-using technologies generally more appropriate for small farms, small businesses and small incomes of the poor, for provisions authorizing the use of $20,000,000 for activities in the field of intermediate technology, directing the Agency for International Development to prepare a proposal to carry out this section and to keep Congress informed, and to implement such proposal, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151f - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 87–195, pt. I, § 108, as added Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972 and amended, which related to microenterprise development credits, was renumbered section 256 of Pub. L. 87–195 by Pub. L. 108–484, § 4(a), (b), Dec. 23, 2004, 118 Stat. 3926, 3927, and transferred to section 2212 of this title.
Prior ProvisionsA prior section 2151f, Pub. L. 87–195, pt. I, § 108, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715, related to application of subpart I, II, or X of part II of this subchapter to assistance under this part, prior to repeal by Pub. L. 95–424, title I, § 102(g)(2)(K)(i), Oct. 6, 1978, 92 Stat. 943, eff. Oct. 1, 1978.
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# 22 U.S.C. § 2151g - Transfer of funds
## Text
Whenever the President determines it to be necessary for the purposes of this part, not to exceed 15 per centum of the funds made available for any provision of this part may be transferred to, and consolidated with, the funds made available for any other provision of this part, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The authority of sections 2360(a) and 2364(a) of this title may not be used to transfer funds made available under this part for use for purposes of any other provision of this chapter, except that the authority of such sections may be used to transfer for the purposes of section 2427 of this title not to exceed five per centum of the amount of funds made available for section 2427(a)(1) of this title.
(Pub. L. 87–195, pt. I, § 109, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 95–88, title I, § 129(b), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95–424, title I, § 102(g)(2)(K)(ii), Oct. 6, 1978, 92 Stat. 943.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1978—Pub. L. 95–424 substituted “Whenever” for “Notwithstanding section 2151f of this title, whenever”. 1977—Pub. L. 95–88 provided that the authority under sections 2360(a) and 2364(a) of this title may be used to transfer for the purposes of section 2427 of this title not to exceed five per centum of the amount of funds made available for section 2427(a)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151h - Cost-sharing
## Text
No assistance shall be furnished by the United States Government to a country under sections 2151a through 2151d of this title until the country provides assurances to the President, and the President is satisfied, that such country will provide at least 25 per centum of the costs of the entire program, project, or activity with respect to which such assistance is to be furnished, except that such costs borne by such country may be provided on an “inkind” basis.
(Pub. L. 87–195, pt. I, § 110, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94–161, title III, § 307, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95–88, title I, § 106, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95–424, title I, § 112(b), Oct. 6, 1978, 92 Stat. 949; Pub. L. 99–83, title XII, § 1211(a)(3), Aug. 8, 1985, 99 Stat. 279.)
## Notes
Editorial Notes
Amendments1985—Pub. L. 99–83 struck out subsec. (a) designation, and struck out subsec. (b) which set forth funding limits for grant assistance under sections 2151a to 2151d of this title. 1978—Subsec. (a). Pub. L. 94–424 struck out provision, following “on an ‘in-kind’ basis”, relating to waiver by the President of cost-sharing requirement in case of a project or activity in a country determined to be relatively least developed by the agency primarily responsible for administering subchapter I of this chapter. Subsec. (b). Pub. L. 95–424 substituted “No” for “Except for grants to countries determined to be relatively least developed based on the United Nations Conference on Trade and Development list of ‘relatively least developed countries’, no”. 1977—Subsec. (a). Pub. L. 95–88, § 106(1), substituted “sections 2151a through 2151d” for “sections 2151a through 2151e”. Subsec. (b). Pub. L. 95–88, § 106(2), inserted provisions creating an exception for grants to countries determined to be relatively least developed based on the United Nations Conference on Trade and Development list of “relatively least developed countries” and substituted “sections 2151a through 2151d” for “sections 2151a through 2151e”. 1975—Subsec. (a). Pub. L. 94–161 authorized Presidential waiver of cost-sharing as a condition for being furnished project or activity assistance in the case of a relatively least developed country.
Statutory Notes and Related Subsidiaries
References to Sections 2151a Through 2151d Deemed To Include Section 2293References to sections 2151a through 2151d of this title are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151i - Development and use of cooperatives
## Text
In order to strengthen the participation of the rural and urban poor in their country’s development, high priority shall be given to increasing the use of funds made available under this chapter for technical and capital assistance in the development and use of cooperatives in the less developed countries which will enable and encourage greater numbers of the poor to help themselves toward a better life. In meeting the requirement of the preceding sentence, specific priority shall be given to the following:
(1) Agriculture Technical assistance to low income farmers who form and develop member-owned cooperatives for farm supplies, marketing and value-added processing.
(2) Financial systems The promotion of national credit union systems through credit union-to-credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement.
(3) Infrastructure The support of rural electric and telecommunication cooperatives for access for rural people and villages that lack reliable electric and telecommunications services.
(4) Housing and community services The promotion of community-based cooperatives which provide employment opportunities and important services such as health clinics, self-help shelter, environmental improvements, group-owned businesses, and other activities.
(Pub. L. 87–195, pt. I, § 111, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94–161, title III, § 308, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95–88, title I, § 107(a), Aug. 3, 1977, 91 Stat. 535; Pub. L. 96–53, title I, § 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 106–309, title IV, § 401(c)(2), Oct. 17, 2000, 114 Stat. 1097.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments2000—Pub. L. 106–309 inserted at end “In meeting the requirement of the preceding sentence, specific priority shall be given to the following:” and pars. (1) to (4). 1979—Pub. L. 96–53 struck out provisions relating to availability of funds for fiscal year 1978 for technical assistance. 1977—Pub. L. 95–88 substituted “technical and capital assistance in the development and use of cooperatives” for “assistance in the development of cooperatives” and “$10,000,000 of the funds made available under this chapter for the fiscal year 1978 may be used only for technical assistance” for “$20,000,000 of such funds shall be used during the fiscal years 1976 and 1977, including the period from July 1, 1976, through September 30, 1976, only for technical assistance”. 1975—Pub. L. 94–161 earmarked not less than $20,000,000 for technical assistance during fiscal years 1976 and 1977, including period from July 1, 1976, through Sept. 30, 1976, and deleted similar provision making such minimum sum available for use during fiscal years 1974 and 1975.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1977 AmendmentPub. L. 95–88, title I, § 107(b), Aug. 3, 1977, 91 Stat. 536, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1977.”
FindingsPub. L. 106–309, title IV, § 401(b), Oct. 17, 2000, 114 Stat. 1096, provided that: “The Congress makes the following findings: “(1) It is in the mutual economic interest of the United States and peoples in developing and transitional countries to promote cooperatives and credit unions. “(2) Self-help institutions, including cooperatives and credit unions, provide enhanced opportunities for people to participate directly in democratic decision-making for their economic and social benefit through ownership and control of business enterprises and through the mobilization of local capital and savings and such organizations should be fully utilized in fostering free market principles and the adoption of self-help approaches to development. “(3) The United States seeks to encourage broad-based economic and social development by creating and supporting—“(A) agricultural cooperatives that provide a means to lift low income farmers and rural people out of poverty and to better integrate them into national economies; “(B) credit union networks that serve people of limited means through safe savings and by extending credit to families and microenterprises; “(C) electric and telephone cooperatives that provide rural customers with power and telecommunications services essential to economic development; “(D) housing and community-based cooperatives that provide low income shelter and work opportunities for the urban poor; and “(E) mutual and cooperative insurance companies that provide risk protection for life and property to under-served populations often through group policies.”
Declarations of PolicyPub. L. 106–309, title IV, § 401(c)(1), Oct. 17, 2000, 114 Stat. 1096, provided that: “The Congress supports the development and expansion of economic assistance programs that fully utilize cooperatives and credit unions, particularly those programs committed to— “(A) international cooperative principles, democratic governance and involvement of women and ethnic minorities for economic and social development; “(B) self-help mobilization of member savings and equity and retention of profits in the community, except for those programs that are dependent on donor financing; “(C) market-oriented and value-added activities with the potential to reach large numbers of low income people and help them enter into the mainstream economy; “(D) strengthening the participation of rural and urban poor to contribute to their country’s economic development; and “(E) utilization of technical assistance and training to better serve the member-owners.”
ReportPub. L. 106–309, title IV, § 401(d), Oct. 17, 2000, 114 Stat. 1097, provided that: “Not later than 6 months after the date of the enactment of this Act [Oct. 17, 2000], the Administrator of the United States Agency for International Development, in consultation with the heads of other appropriate agencies, shall prepare and submit to Congress a report on the implementation of section 111 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151i), as amended by subsection (c).”
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title: "22 U.S.C. § 2151j"
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---
# 22 U.S.C. § 2151j - Repealed. Pub. L. 93–559, § 30(b), Dec. 30, 1974, 88 Stat. 1804
## Notes
Section, Pub. L. 87–195, pt. I, § 112, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716, related to police training prohibition. See section 2420 of this title.
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---
# 22 U.S.C. § 2151k - Integrating women into national economies; report
## Text
(a) Particular programs, projects, and activities In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process of the national economies of such countries, subchapter I of this chapter shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of developing countries, thus improving their status and assisting the total development effort.
(b) Assistance to encourage participation and integration of women; prohibition against separate assistance program for women (1) Up to $10,000,000 of the funds made available each fiscal year under this part and part X of this subchapter shall be used, in addition to funds otherwise available for such purposes, for assistance on such terms and conditions as the President may determine to encourage and promote the participation and integration of women as equal partners in the development process in the developing countries. These funds shall be used primarily to support activities which will increase the economic productivity and income earning capacity of women.
(2) Nothing in this section shall be construed to authorize the establishment of a separate development assistance program for women.
(c) Funds for United Nations Decade for Women Not less than $500,000 of the funds made available under this part for the fiscal year 1982 shall be expended on international programs which support the original goals of the United Nations Decade for Women.
(Pub. L. 87–195, pt. I, § 113, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94–161, title III, § 309, Dec. 20, 1975, 89 Stat. 860; Pub. L. 95–88, title I, § 108, Aug. 3, 1977, 91 Stat. 536; Pub. L. 95–424, title I, § 108, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96–53, title I, § 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 97–113, title III, § 305, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 101–513, title V, § 562(d)(2), Nov. 5, 1990, 104 Stat. 2031.)
## Notes
Editorial Notes
Amendments1990—Subsec. (b)(1). Pub. L. 101–513 inserted “and part X of this subchapter” after “this part”. 1981—Subsec. (c). Pub. L. 97–113 added subsec. (c). 1979—Subsec. (b). Pub. L. 96–53 redesignated subsec. (d) as (b), and repealed former subsec. (b) which related to Presidential report to Congress on the impact of development programs, etc., on the economic integration of women. Subsec. (c). Pub. L. 96–53 repealed subsec. (c) which required the report under former subsec. (b) to be submitted not later than one year after Aug. 3, 1977. Subsec. (d). Pub. L. 96–53 redesignated subsec. (d) as (b). 1978—Subsec. (d). Pub. L. 95–424 added subsec. (d). 1977—Pub. L. 95–88 designated existing provisions as subsec. (a), inserted provisions relating to a recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process of the national economies of such countries, and added subsecs. (b) and (c). 1975—Pub. L. 94–161 substituted “This subchapter” for “Sections 2151a through 2151e of this title”.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151n–1 - Repealed. Pub. L. 103–236, title I, § 139(4), Apr. 30, 1994, 108 Stat. 397
## Notes
Section, Pub. L. 95–105, title I, § 108, Aug. 17, 1977, 91 Stat. 846, directed Secretary of State to report annually to Congress about American citizens in foreign jails.
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# 22 U.S.C. § 2151n–2 - Human Rights and Democracy Fund
## Text
(a) Establishment of Fund There is established a Human Rights and Democracy Fund (in this section referred to as the “Fund”) to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor.
(b) Purposes of Fund The purposes of the Fund shall be—
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy, including the support for nongovernmental organizations in foreign countries; and
(5) to carry out such other related activities as are consistent with paragraphs (1) through (4).
(c) Funding (1) In general Of the amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] for fiscal year 2003, $21,500,000 is authorized to be available to the Fund for carrying out the purposes described in subsection (b). Amounts made available to the Fund under this paragraph shall also be deemed to have been made available under section 116(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(e)).
(2) Allocation of funds for the Documentation Center of Cambodia Of the amount authorized to be available to the Fund under paragraph (1) for fiscal year 2003, $1,000,000 is authorized to be available for the Documentation Center of Cambodia for the purpose of collecting, cataloguing, and disseminating information about the atrocities committed by the Khmer Rouge against the Cambodian people.
(3) Father John Kaiser Memorial Fund Of the amount authorized to be available to the Fund under paragraph (1) for fiscal year 2003, $500,000 is authorized to be available to advance the extraordinary work and values of Father John Kaiser with respect to solving ethnic conflict and promoting government accountability and respect for human rights. The amount made available under this paragraph may be referred to as the “Father John Kaiser Memorial Fund”.
(Pub. L. 107–228, div. A, title VI, § 664, Sept. 30, 2002, 116 Stat. 1406.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (c)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 4 of part II of the Act is classified generally to part IV (§ 2346 et seq.) of subchapter II of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Section was enacted as part of the Freedom Investment Act of 2002, and also as part of the Department of State Authorization Act, Fiscal Year 2003 and the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
PurposesPub. L. 107–228, div. A, title VI, § 662, Sept. 30, 2002, 116 Stat. 1405, provided that: “The purposes of this subtitle [subtitle E (§§ 661–665) of title VI of div. A of Pub. L. 107–228, see Short Title of 2002 Amendments note set out under section 2151 of this title] are the following: “(1) To underscore that promoting and protecting human rights is in the national interests of the United States and is consistent with American values and beliefs. “(2) To establish a goal of devoting one percent of the funds available to the Department under ‘Diplomatic and Consular Programs’, other than such funds that will be made available for worldwide security upgrades and information resource management, to enhance the ability of the United States to promote respect for human rights and the protection of human rights defenders.” [For definition of “Department” as used in section 662 of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]
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# 22 U.S.C. § 2151o - Repealed. Pub. L. 103–149, § 4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505
## Notes
Section, Pub. L. 87–195, pt. I, § 117, as added Pub. L. 99–440, title II, § 201(b), Oct. 2, 1986, 100 Stat. 1094, related to assistance for disadvantaged South Africans.
A prior section 2151o, Pub. L. 87–195, pt. 1, § 117, as added Pub. L. 95–88, title I, § 112, Aug. 3, 1977, 91 Stat. 537, related to a strategy for programs of nutrition and health improvement for mothers and children, prior to repeal by Pub. L. 95–424, title I, § 103(c), Oct. 6, 1978, 92 Stat. 945, eff. Oct. 1, 1978.
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# 22 U.S.C. § 2151p–1 - Tropical forests
## Text
(a) Importance of forests and tree cover In enacting section 2151a(b)(3) of this title the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating alteration, destruction, and loss of tropical forests in developing countries, which pose a serious threat to development and the environment. Tropical forest destruction and loss—
(1) result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and
(2) can result in desertification and destabilization of the earth’s climate.
Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as well as genetic resources of value to developed and developing countries alike.
(b) Priorities The concerns expressed in subsection (a) and the recommendations of the United States Interagency Task Force on Tropical Forests shall be given high priority by the President—
(1) in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to private sector activities; and
(2) in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries.
(c) Assistance to developing countries In providing assistance to developing countries, the President shall do the following:
(1) Place a high priority on conservation and sustainable management of tropical forests.
(2) To the fullest extent feasible, engage in dialogues and exchanges of information with recipient countries—
(A) which stress the importance of conserving and sustainably managing forest resources for the long-term economic benefit of those countries, as well as the irreversible losses associated with forest destruction, and
(B) which identify and focus on policies of those countries which directly or indirectly contribute to deforestation.
(3) To the fullest extent feasible, support projects and activities—
(A) which offer employment and income alternatives to those who otherwise would cause destruction and loss of forests, and
(B) which help developing countries identify and implement alternatives to colonizing forested areas.
(4) To the fullest extent feasible, support training programs, educational efforts, and the establishment or strengthening of institutions which increase the capacity of developing countries to formulate forest policies, engage in relevant land-use planning, and otherwise improve the management of their forests.
(5) To the fullest extent feasible, help end destructive slash-and-burn agriculture by supporting stable and productive farming practices in areas already cleared or degraded and on lands which inevitably will be settled, with special emphasis on demonstrating the feasibility of agroforestry and other techniques which use technologies and methods suited to the local environment and traditional agricultural techniques and feature close consultation with and involvement of local people.
(6) To the fullest extent feasible, help conserve forests which have not yet been degraded, by helping to increase production on lands already cleared or degraded through support of reforestation, fuelwood, and other sustainable forestry projects and practices, making sure that local people are involved at all stages of project design and implementation.
(7) To the fullest extent feasible, support projects and other activities to conserve forested watersheds and rehabilitate those which have been deforested, making sure that local people are involved at all stages of project design and implementation.
(8) To the fullest extent feasible, support training, research, and other actions which lead to sustainable and more environmentally sound practices for timber harvesting, removal, and processing, including reforestation, soil conservation, and other activities to rehabilitate degraded forest lands.
(9) To the fullest extent feasible, support research to expand knowledge of tropical forests and identify alternatives which will prevent forest destruction, loss, or degradation, including research in agroforestry, sustainable management of natural forests, small-scale farms and gardens, small-scale animal husbandry, wider application of adopted traditional practices, and suitable crops and crop combinations.
(10) To the fullest extent feasible, conserve biological diversity in forest areas by—
(A) supporting and cooperating with United States Government agencies, other donors (both bilateral and multilateral), and other appropriate governmental, intergovernmental, and nongovernmental organizations in efforts to identify, establish, and maintain a representative network of protected tropical forest ecosystems on a worldwide basis;
(B) whenever appropriate, making the establishment of protected areas a condition of support for activities involving forest clearance or degradation; and
(C) helping developing countries identify tropical forest ecosystems and species in need of protection and establish and maintain appropriate protected areas.
(11) To the fullest extent feasible, engage in efforts to increase the awareness of United States Government agencies and other donors, both bilateral and multilateral, of the immediate and long-term value of tropical forests.
(12) To the fullest extent feasible, utilize the resources and abilities of all relevant United States Government agencies.
(13) Require that any program or project under this part significantly affecting tropical forests (including projects involving the planting of exotic plant species)—
(A) be based upon careful analysis of the alternatives available to achieve the best sustainable use of the land, and
(B) take full account of the environmental impacts of the proposed activities on biological diversity,
as provided for in the environmental procedures of the Agency for International Development.
(14) Deny assistance under this part for—
(A) the procurement or use of logging equipment, unless an environmental assessment indicates that all timber harvesting operations involved will be conducted in an environmentally sound manner which minimizes forest destruction and that the proposed activity will produce positive economic benefits and sustainable forest management systems; and
(B) actions which significantly degrade national parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas.
(15) Deny assistance under this part for the following activities unless an environmental assessment indicates that the proposed activity will contribute significantly and directly to improving the livelihood of the rural poor and will be conducted in an environmentally sound manner which supports sustainable development:
(A) Activities which would result in the conversion of forest lands to the rearing of livestock.
(B) The construction, upgrading, or maintenance of roads (including temporary haul roads for logging or other extractive industries) which pass through relatively undegraded forest lands.
(C) The colonization of forest lands.
(D) The construction of dams or other water control structures which flood relatively undegraded forest lands.
(d) PVOs and other nongovernmental organizations Whenever feasible, the President shall accomplish the objectives of this section through projects managed by private and voluntary organizations or international, regional, or national nongovernmental organizations which are active in the region or country where the project is located.
(e) Country analysis requirements Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—
(1) the actions necessary in that country to achieve conservation and sustainable management of tropical forests, and
(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified.
(f) Annual report Each annual report required by section 2394(a) of this title shall include a report on the implementation of this section.
(Pub. L. 87–195, pt. I, § 118, as added Pub. L. 99–529, title III, § 301(3), Oct. 24, 1986, 100 Stat. 3014.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 118 of Pub. L. 87–195, pt. I, was renumbered section 117 and is classified to section 2151p of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2151q"
description: "Endangered species"
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title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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# 22 U.S.C. § 2151q - Endangered species
## Text
(a) Congressional findings and purposes The Congress finds the survival of many animal and plant species is endangered by over-hunting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. The Congress further finds that the extinction of animal and plant species is an irreparable loss with potentially serious environmental and economic consequences for developing and developed countries alike. Accordingly, the preservation of animal and plant species through the regulation of the hunting and trade in endangered species, through limitations on the pollution of natural ecosystems, and through the protection of wildlife habitats should be an important objective of the United States development assistance.
(b) Remedial measures In order to preserve biological diversity, the President is authorized to furnish assistance under subchapter I of this chapter, notwithstanding section 2420 of this title, to assist countries in protecting and maintaining wildlife habitats and in developing sound wildlife management and plant conservation programs. Special efforts should be made to establish and maintain wildlife sanctuaries, reserves, and parks; to enact and enforce anti-poaching measures; and to identify, study, and catalog animal and plant species, especially in tropical environments.
(c) Funding level For fiscal year 1987, not less than $2,500,000 of the funds available to carry out subchapter I of this chapter (excluding funds made available to carry out section 2151b(c)(2) of this title, relating to the Child Survival Fund) shall be allocated for assistance pursuant to subsection (b) 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 October 24, 1986, on the actions taken pursuant to this paragraph);
(9) ensure that environmental profiles sponsored by the Agency include information needed for conservation of biological diversity; and
(10) deny any direct or indirect assistance under this part for actions which significantly degrade national parks or similar protected areas or introduce exotic plants or animals into such areas.
(h) Annual reports Each annual report required by section 2394(a) of this title shall include, in a separate volume, a report on the implementation of this section.
(Pub. L. 87–195, pt. I, § 119, as added Pub. L. 98–164, title VII, § 702, Nov. 22, 1983, 97 Stat. 1045; amended Pub. L. 99–529, title III, § 302, Oct. 24, 1986, 100 Stat. 3017; Pub. L. 101–167, title V, § 533(d)(4)(A), Nov. 21, 1989, 103 Stat. 1227.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2151q, Pub. L. 87–195, pt. I, § 119, as added Pub. L. 95–88, title I, § 114, Aug. 3, 1977, 91 Stat. 538; amended Pub. L. 95–424, title I, § 111, Oct. 6, 1978, 92 Stat. 948; Pub. L. 96–53, title I, §§ 104(c), 107, Aug. 14, 1979, 93 Stat. 362, related to renewable and unconventional energy technologies, prior to repeal by Pub. L. 96–533, title III, § 304(g), Dec. 16, 1980, 94 Stat. 3147.
Amendments1989—Subsec. (b). Pub. L. 101–167 inserted “, notwithstanding section 2420 of this title,” after “subchapter I of this chapter”. 1986—Subsec. (c). Pub. L. 99–529 added subsec. (c) and struck out former subsec. (c) which read as follows: “The Administrator of the Agency for International Development, in conjunction with the Secretary of State, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chairman of the Council on Environmental Quality, and the heads of other appropriate Government agencies, shall develop a United States strategy, including specific policies and programs, to protect and conserve biological diversity in developing countries.” Subsec. (d). Pub. L. 99–529 added subsec. (d) and struck out former subsec. (d) which read as follows: “Each annual report required by section 2394(a) of this title shall include, in a separate volume, a report on the implementation of this subsection. Not later than one year after November 22, 1983, the President shall submit a comprehensive report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate on the United States strategy to protect and conserve biological diversity in developing countries.” Subsecs. (e) to (h). Pub. L. 99–529 added subsecs. (e) to (h).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Short TitleFor short title of title VII of Pub. L. 98–164, which enacted this section and amended section 2452 of this title, as the “International Environment Protection Act of 1983”, see section 701 of Pub. L. 98–164, set out as a Short Title of 1983 Amendment note under section 2151 of this title.
Increased International Cooperation To Protect Biological DiversityPub. L. 100–530, Oct. 25, 1988, 102 Stat. 2651, provided that Congress supports United States efforts, consistent with 22 U.S.C. 2151q(g), to initiate discussions to develop an international agreement to preserve biological diversity and calls upon the President to continue exerting United States leadership in order to achieve the earliest possible negotiation of an international convention to conserve biological diversity, and directed the President to submit a report to Congress on progress toward goal of negotiating such convention not later than one year after Oct. 25, 1988.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151r - Sahel development program; planning
## Text
(a) Congressional support The Congress reaffirms its support of the initiative of the United States Government in undertaking consultations and planning with the countries concerned, with other nations providing assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and support of a comprehensive long-term African Sahel development program.
(b) Presidential authorization The President is authorized to develop a long-term comprehensive development program for the Sahel and other drought-stricken nations in Africa.
(c) Presidential guidelines In developing this long-term program, the President shall—
(1) consider international coordination for the planning and implementation of such program;
(2) seek greater participation and support by African countries and organizations in determining development priorities; and
(3) begin such planning immediately.
(Pub. L. 87–195, pt. I, § 120, formerly pt. III, § 639B, as added Pub. L. 93–189, § 20, Dec. 17, 1973, 87 Stat. 725; renumbered pt. I, § 494B and amended Pub. L. 94–161, title I, § 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I, § 120 and amended Pub. L. 95–88, title I, § 115(1), (2), Aug. 3, 1977, 91 Stat. 539; Pub. L. 95–424, title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 959.)
## Notes
Editorial Notes
Codification Section was formerly classified to sections 2292e and 2399–1b of this title.
Amendments1978—Subsec. (d). Pub. L. 95–424 struck out subsec. (d) authorizing appropriations for development of a long-term African Sahel development program. 1977—Pub. L. 95–88, § 115(2), substituted “Sahel” for “African” in section catchline. 1975—Pub. L. 94–161, § 101(7)(A), struck out “Sahel” after “African” in section catchline. Subsec. (a). Pub. L. 94–161, § 101(7)(B), (C), designated existing provisions as subsec. (a) and substituted “Congress reaffirms its support of” for “Congress supports”. Subsecs. (b) to (d). Pub. L. 94–161, § 101(7)(D), added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151s - Repealed. Pub. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031
## Notes
Section, Pub. L. 87–195, pt. I, § 121, as added Pub. L. 95–88, title I, § 115(3), Aug. 3, 1977, 91 Stat. 539; amended Pub. L. 96–53, title I, § 108, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96–533, title III, § 306, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97–113, title III, § 308, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99–83, title VIII, § 809, Aug. 8, 1985, 99 Stat. 263, related to Sahel development program.
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# 22 U.S.C. § 2151t–1 - Establishment of program
## Text
(a) In general In carrying out part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] and other relevant foreign assistance laws, the President, acting through the Administrator of the United States Agency for International Development, shall establish a program of training and other technical assistance to assist foreign countries in—
(1) developing and strengthening laws and regulations to protect intellectual property; and
(2) developing the infrastructure necessary to implement and enforce such laws and regulations.
(b) Participation of other agencies The Administrator of the United States Agency for International Development—
(1) shall utilize the expertise of the Patent and Trademark Office and other agencies of the United States Government in designing and implementing the program of assistance provided for in this section;
(2) shall coordinate assistance under this section with efforts of other agencies of the United States Government to increase international protection of intellectual property, including implementation of international agreements containing high levels of protection of intellectual property; and
(3) shall consult with the heads of such other agencies in determining which foreign countries will receive assistance under this section.
(Pub. L. 103–392, title V, § 501, Oct. 22, 1994, 108 Stat. 4103.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of this chapter. For provisions deeming references to subchapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Section was enacted as part of the Jobs Through Trade Expansion Act of 1994, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2151t - Development assistance authority
## Text
(a) Authority of President to furnish assistance In order to carry out the purposes of this part, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities.
(b) Authority of President to make loans; terms and conditions The President is authorized to make loans payable as to principal and interest in United States dollars on such terms and conditions as he may determine, in order to promote the economic development of countries and areas, with emphasis upon assisting long-range plans and programs designed to develop economic resources and increase productive capacities. The President shall determine the interest payable on any loan. In making loans under this part, the President shall consider the economic circumstances of the borrower and other relevant factors, including the capacity of the recipient country to repay the loan at a reasonable rate of interest, except that loans may not be made at a rate of interest of less than 3 per centum per annum commencing not later than ten years following the date on which the funds are initially made available under the loan, during which ten-year period the rate of interest shall not be lower than 2 per centum per annum, nor higher than the applicable legal rate of interest of the country in which the loan is made.
(c) Dollar receipts from loans to be paid into Treasury Dollar receipts paid during any fiscal year from loans made under subchapter I of this chapter or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts.
(d) Assistance to research and educational institutions in United States; limitation on amounts Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this part may be used for assistance, on such terms and conditions as the President may determine, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned with the economic and social development of developing countries.
(e) Development Loan Committee; establishment; duties; appointment of officers The President shall establish an interagency Development Loan Committee, consisting of such officers from such agencies of the United States Government as he may determine, which shall, under the direction of the President, establish standards and criteria for lending operations under this part in accordance with the foreign and financial policies of the United States. Except in the case of officers serving in positions to which they were appointed by the President by and with the advice and consent of the Senate, officers assigned to the Committee shall be so assigned by the President by and with the advice and consent of the Senate.
(Pub. L. 87–195, pt. I, § 122, as added Pub. L. 95–424, title I, § 102(a), (b)(1), (c)(1), (d), Oct. 6, 1978, 92 Stat. 940, 941.)
## Notes
Editorial Notes
Prior ProvisionsSubsec. (b) of this section consists of provisions formerly contained in subsections (b), (c), and (d) of section 2161 of this title. Subsec. (e) of this section consists of provisions formerly contained in section 2164 of this title.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective DateSection effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151u - Private and voluntary organizations and cooperatives in overseas development
## Text
(a) Congressional finding of importance of participation by private and voluntary organizations The Congress finds that the participation of rural and urban poor people in their countries’ development can be assisted and accelerated in an effective manner through an increase in activities planned and carried out by private and voluntary organizations and cooperatives. Such organizations and cooperatives, embodying the American spirit of self-help and assistance to others to improve their lives and incomes, constitute an important means of mobilizing private American financial and human resources to benefit poor people in developing countries. The Congress declares that it is in the interest of the United States that such organizations and cooperatives expand their overseas development efforts without compromising their private and independent nature. The Congress further declares that the financial resources of such organizations and cooperatives should be supplemented by the contribution of public funds for the purpose of undertaking development activities in accordance with the principles set forth in section 2151–1 of this title and, if necessary and determined on a case-by-case basis, for the purpose of sharing the cost of developing programs related to such activities. The Congress urges the Administrator of the agency primarily responsible for administering subchapter I of this chapter, in implementing programs authorized under subchapter I of this chapter, to draw on the resource of private and voluntary organizations and cooperatives to plan and carry out development activities and to establish simplified procedures for the development and approval of programs to be carried out by such private and voluntary organizations and cooperatives as have demonstrated a capacity to undertake effective development activities.
(b) Payment of transportation charges on shipments by American National Red Cross and United States voluntary agencies In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation of friendly peoples, the President is authorized to use funds made available for the purposes of this part and part X of this subchapter to pay transportation charges on shipments by the American National Red Cross and by United States voluntary agencies registered with the Agency for International Development.
(c) Reimbursement for transportation charges Reimbursement under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports.
(d) Arrangements with receiving country for free entry of shipments and for availability of local currency to defray transportation costs Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee.
(e) Continuation of support for programs in countries antedating prohibitions on assistance; national interest considerations; report to Congress Prohibitions on assistance to countries contained in this chapter or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering subchapter I of this chapter in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation.
(f) Funds for private and voluntary organizations For each of the fiscal years 1986 through 1989, funds in an amount not less than thirteen and one half percent of the aggregate amount appropriated for that fiscal year to carry out sections 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2151s,11 See References in Text note below. and 2292 of this title shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than 16 percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under part IV of subchapter II of this chapter for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.
(g) Repealed. Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156
(h) Promotion of democratic cooperatives The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this part shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.
(Pub. L. 87–195, pt. I, § 123, as added Pub. L. 95–424, title I, § 102(e), Oct. 6, 1978, 92 Stat. 941; amended Pub. L. 96–53, title I, § 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 96–533, title III, § 307, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97–113, title III, § 309, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99–83, title III, §§ 309, 310, Aug. 8, 1985, 99 Stat. 215; Pub. L. 101–513, title V, § 562(d)(6), Nov. 5, 1990, 104 Stat. 2031; Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Section 2151s of this title, referred to in subsec. (f), was repealed by Pub. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031.
Amendments1998—Subsec. (g). Pub. L. 105–277 struck out subsec. (g) which read as follows: “After December 31, 1984, funds made available to carry out section 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2292, or 2293 of this title may not be made available for programs of any United States private and voluntary organization which does not obtain at least 20 percent of its total annual financial support for its international activities from sources other than the United States Government, except that this restriction does not apply with respect to programs which, as of that date, are receiving financial support from the agency primarily responsible for administering subchapter I of this chapter. The Administrator of the agency primarily responsible for administering subchapter I of this chapter may, on a case-by-case basis, waive the restriction established by this subsection, after taking into account the effectiveness of the overseas development activities of the organization, its level of volunteer support, its financial viability and stability, and the degree of its dependence for its financial support on the agency primarily responsible for administering subchapter I of this chapter.” 1990—Subsec. (b). Pub. L. 101–513, § 562(d)(6)(A), inserted “and part X of this subchapter” after “this part”. Subsec. (g). Pub. L. 101–513, § 562(d)(6)(B), substituted “2292, or 2293” for “2191s, or 2292”. 1985—Subsec. (e). Pub. L. 99–83, § 309(a), substituted “one year” for “thirty days”. Subsec. (f). Pub. L. 99–83, § 309(b)(1), substituted “1986 through 1989” for “1982, 1983, and 1984”. Pub. L. 99–83, § 309(b)(2), which directed the substitution of “thirteen and one half” for “twelve” was executed by making the substitution for “12” as the probable intent of Congress because “twelve” did not appear in text. Pub. L. 99–83, § 309(b)(3), inserted provisions relating to funds for determining compliance with subsec. (f). Subsec. (h). Pub. L. 99–83, § 310, added subsec. (h). 1981—Subsecs. (f), (g). Pub. L. 97–113, § 309, added subsecs. (f) and (g). 1980—Subsec. (a). Pub. L. 96–533, § 307(1), (2), provided for contribution of public funds to private and voluntary organizations and cooperatives for purpose of sharing cost of developing programs related to development activities and encouraged establishment of simplified procedures for development of programs to be carried out by such entities having a capacity for undertaking effective development programs. Subsec. (e). Pub. L. 96–533, § 307(3), added subsec. (e). 1979—Subsec. (b). Pub. L. 96–53 substituted “Agency for International Development” for “Advisory Committee on Voluntary Foreign Aid”.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective DateSection effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
Private and Volunteer OrganizationsPub. L. 108–199, div. D, title V, § 502, Jan. 23, 2004, 118 Stat. 166, which prohibited any funds appropriated or otherwise made available by div. D of Pub. L. 108–199 from being made available to any United States private and voluntary organization, except any cooperative development organization, which obtained less than 20 percent of its total annual funding for international activities from sources other than the United States Government, with certain exceptions, was from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. E, title V, § 502(a), Feb. 20, 2003, 117 Stat. 180. Pub. L. 107–115, title V, § 502(a), Jan. 10, 2002, 115 Stat. 2139. Pub. L. 106–429, § 101(a) [title II], Nov. 6, 2000, 114 Stat. 1900, 1900A–8. Pub. L. 106–113, div. B, § 1000(a)(2) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–68. Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156. Pub. L. 105–118, title II, Nov. 26, 1997, 111 Stat. 2390. Pub. L. 104–208, div. A, title I, § 101(c) [title II], Sept. 30, 1996, 110 Stat. 3009–121, 3009–126. Pub. L. 104–107, title II, Feb. 12, 1996, 110 Stat. 708. Pub. L. 103–306, title II, Aug. 23, 1994, 108 Stat. 1612. Pub. L. 103–87, title II, Sept. 30, 1993, 107 Stat. 935. Pub. L. 102–391, title II, Oct. 6, 1992, 106 Stat. 1642. Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1987. Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1204. Pub. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–9. Pub. L. 100–202, § 101(e) [title II], Dec. 22, 1987, 101 Stat. 1329–131, 1329–139. Pub. L. 99–500, § 101(f) [title II], Oct. 18, 1986, 100 Stat. 1783–213, 1783–218, and Pub. L. 99–591, § 101(f) [title II], Oct. 30, 1986, 100 Stat. 3341–214, 3341–218. Pub. L. 99–190, § 101(i) [title II], Dec. 19, 1985, 99 Stat. 1291, 1296. Pub. L. 98–473, title I, § 101(1) [title II], Oct. 12, 1984, 98 Stat. 1884, 1889; repealed by Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156.
Shipment of Humanitarian AssistancePub. L. 108–199, div. D, title V, § 534(f), Jan. 23, 2004, 118 Stat. 182, provided that: “During fiscal year 2004 and each fiscal year thereafter, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961 [this section], funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–7, div. E, title V, § 534(g), Feb. 20, 2003, 117 Stat. 194. Pub. L. 107–206, title I, § 602, Aug. 2, 2002, 116 Stat. 859.
Study and Report Concerning Use of Private and Voluntary Organizations, Cooperatives, and Private SectorPub. L. 99–83, title III, § 311, Aug. 8, 1985, 99 Stat. 216, provided that: “(a) Study.—The Administrator of the Agency for International Development shall undertake a comprehensive study of additional ways to provide development assistance through nongovernmental organizations, including United States and indigenous private and voluntary organizations, cooperatives, the business community, and other private entities. Such study shall include—“(1) an analysis of the percentage of development assistance allocated to governmental and nongovernmental programs; “(2) an analysis of structural impediments, within both the United States and foreign governments, to additional use of nongovernmental programs; and “(3) an analysis of the comparative economic benefits of governmental and nongovernmental programs. “(b) Report.—The Administrator shall report the results of this study to the Congress no later than September 30, 1986.”
African Development FoundationPub. L. 95–424, title I, § 122, Oct. 6, 1978, 92 Stat. 954, as amended by Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560, provided that: “(a) The Congress declares that the United States should place higher priority on the formulation and implementation of policies and programs to enable the people of African nations to develop their potential, fulfill their aspirations, and enjoy better, more productive lives. In furtherance of these objectives, the Congress finds that additional support is needed for community-based self-help activities in Africa and that an African Development Foundation, organized to further the purposes set forth in section 123 of the Foreign Assistance Act of 1961 [this section], can complement current United States development programs in Africa. “(b) [Repealed. Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560.]” [African Development Foundation changed to United States African Development Foundation by Pub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h–1 of this title.]
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151v - Aid to relatively least developed countries
## Text
(a) Characterization of least developed countries Relatively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of “least developed countries”) are characterized by extreme poverty, very limited infrastructure, and limited administrative capacity to implement basic human needs growth strategies. In such countries special measures may be necessary to insure the full effectiveness of assistance furnished under subchapter I of this chapter.
(b) Assistance on grant basis For the purpose of promoting economic growth in these countries, the President is authorized and encouraged to make assistance under this part available on a grant basis to the maximum extent that is consistent with the attainment of United States development objectives.
(c) Waiver of principal and interest on prior liability (1) The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. Therefore, notwithstanding section 2370(r) of this title and section 321 of the International Development and Food Assistance Act of 1975 but subject to paragraph (2) of this subsection, the President on a case-by-case basis, taking into account the needs of the country for financial resources and the commitment of the country to the development objectives set forth in sections 2151 and 2151–1 of this title—
(A) may permit a relatively least developed country to place amounts, which would otherwise be paid to the United States as payments on principal or interest on liability incurred by that country under subchapter I of this chapter (or any predecessor legislation) into local currency accounts (in equivalent amounts of local currencies as determined by the official exchange rate for United States dollars) for use by the relatively least developed country, with the concurrence of the Administrator of the agency primarily responsible for administering subchapter I of this chapter, for activities which are consistent with section 2151–1 of this title; and
(B) may waive interest payments on liability incurred by a relatively least developed country under subchapter I of this chapter (or any predecessor legislation) if the President determines that that country would be unable to use for development purposes the equivalent amounts of local currencies which could be made available under subparagraph (A).
(2) The aggregate amount of interest waived and interest and principal paid into local currency accounts under this subsection in any fiscal year may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this part for that fiscal year, which amount may not exceed the amount authorized to be so approved by the annual authorizing legislation for development assistance programs. Amounts due and payable during fiscal year 1981 to the United States from relatively least developed countries on loans made under this subchapter (or any predecessor legislation) are authorized to be approved for use, in accordance with the provisions of paragraph (1) of this subsection, in an amount not to exceed $10,845,000.
(3) In exercising the authority granted by this subsection, the President should act in concert with other creditor countries.
(d) Waiver of requirement of contribution The President may on a case-by-case basis waive the requirement of section 2151h(a) of this title for financial or “in kind” contributions in the case of programs, projects, or activities in relatively least developed countries.
(e) Waiver of time limitations on aid Section 2151h(b) of this title shall not apply with respect to grants to relatively least developed countries.
(Pub. L. 87–195, pt. I, § 124, as added Pub. L. 95–424, title I, § 112(a)(1), Oct. 6, 1978, 92 Stat. 948; amended Pub. L. 96–53, title I, § 109, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96–533, title III, § 308, Oct. 16, 1980, 94 Stat. 3147.)
## Notes
Editorial Notes
References in TextSection 321 of the International Development and Food Assistance Act of 1975, referred to in subsec. (c)(1), is section 321 of Pub. L. 94–161, Dec. 20, 1975, 89 Stat. 868, which is set out as a note under section 2220a of this title.
Amendments1980—Subsec. (c)(2). Pub. L. 96–533 substituted “fiscal year 1981” and “$10,845,000” for “fiscal year 1980” and “$18,800,000”, respectively. 1979—Subsec. (c)(2). Pub. L. 96–53 inserted provisions respecting use of funds due and payable during fiscal year 1980 to the United States.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective DatePub. L. 95–424, title I, § 112(a)(2), Oct. 6, 1978, 92 Stat. 949, provided that: “The authority granted by section 124(c) of the Foreign Assistance Act of 1961 [subsec. (c) of this section] shall not become effective until October 1, 1979.” Section effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
Presidential Authority During Fiscal Years 1990 and 1991Pub. L. 100–461, title V, § 572, Oct. 1, 1988, 102 Stat. 2268–44, provided that during fiscal years 1990 and 1991, President could use authority of paragraphs (A) and (B) of subsection (c)(1) of this section with respect to such aggregate amounts of principal and interest payable during each of those fiscal years as President determined, or at any time after Sept. 30, 1989, President could, if he determined it was in national interest to do so, use authority of those paragraphs with respect to such aggregate amounts of outstanding principal and interest payable at any time after that date, and that such authority could be exercised with respect to specified countries, and be exercised notwithstanding subsection (c)(2) of this section.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2151w - Project and program evaluations
## Text
(a) The Administrator of the agency primarily responsible for administering subchapter I of this chapter is directed to improve the assessment and evaluation of the programs and projects carried out by that agency under this part. The Administrator shall consult with the appropriate committees of the Congress in establishing standards for such evaluations.
(b) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.
(Pub. L. 87–195, pt. I, § 125, as added Pub. L. 95–424, title I, § 113, Oct. 6, 1978, 92 Stat. 950; amended Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.)
## Notes
Editorial Notes
Amendments1981—Subsec. (b). Pub. L. 97–113 struck out subsec. (b) which required an annual Presidential report on actions taken by the international financial institutions and the United Nations Development Program to improve the evaluation of their own programs.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective DateSection effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
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# 22 U.S.C. § 2151x–1 - Assistance for agricultural and industrial alternatives to narcotics production
## Text
(a) Waiver of restrictions For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide assistance to a foreign country under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) and chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund) to promote the production, processing, or the marketing of products or commodities, notwithstanding any other provision of law that would otherwise prohibit the provision of assistance to promote the production, processing, or the marketing of such products or commodities.
(b) Effective date Subsection (a) applies with respect to funds made available for fiscal year 1991 or any fiscal year thereafter.
(Pub. L. 101–623, § 6, Nov. 21, 1990, 104 Stat. 3355.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 1 of part I and chapter 4 of part II of the Act are classified generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respectively, of this chapter. For provisions deeming references to part I of subchapter I to include a reference to section 2293 of this title, see section 2293(d)(1) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Section was enacted as part of the International Narcotics Control Act of 1990, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2151x–2 - Assistance in furtherance of narcotics control objectives of United States
## Text
(a) Waiver of certain restrictions For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide economic assistance for a country which, because of its coca production, is a major illicit drug producing country (as defined in section 481(i)(2) 11 See References in Text note below. of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(i)(2))) to promote the production, processing, or the marketing of products which can be economically produced in such country, notwithstanding the provisions of law described in subsection (b) of this section.
(b) Description of restrictions waived The provisions of law made inapplicable by subsection (a) are any other provisions of law that would otherwise restrict the use of economic assistance funds with respect to the production, processing, or marketing of agricultural commodities (or the products thereof) or other products, including sections 521, 546, and 547 (but excluding section 510) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, and comparable provisions of subsequent Acts appropriating funds for foreign operations, export financing, and related programs.
(c) “Economic assistance” defined As used in this section, the term “economic assistance” means assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) and assistance under chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund).
(Pub. L. 101–624, title XV, § 1544, Nov. 28, 1990, 104 Stat. 3695.)
## Notes
Editorial Notes
References in TextThe Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, referred to in subsec. (b), is Pub. L. 101–167, Nov. 21, 1989, 103 Stat. 1195. Sections 510, 521, 546, and 547 of that Act are not classified to the Code. The Foreign Assistance Act of 1961, referred to in subsecs. (a) and (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 1 of part I and chapter 4 of part II of the Act are classified generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respectively, of this chapter. For provisions deeming references to part I of subchapter I to include a reference to section 2293 of this title, see section 2293(d)(1) of this title. Subsec. (i) of section 481 of the Act was redesignated (e) by Pub. L. 102–583, § 6(b)(3), Nov. 2, 1992, 106 Stat. 4932. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Codification Section was enacted as part of the Agricultural Development and Trade Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2151x - Development and illicit narcotics production
## Text
(a) Congressional statement of findings The Congress recognizes that illicit narcotics cultivation is related to overall development problems and that the vast majority of all individuals employed in the cultivation of illicit narcotics reside in the developing countries and are among the poorest of the poor in those countries and that therefore the ultimate success of any effort to eliminate illicit narcotics production depends upon the availability of alternative economic opportunities for those individuals, upon other factors which assistance under this part could address, as well as upon direct narcotics control efforts.
(b) Program planning priorities; resource utilization (1) In planning programs of assistance under this part, and part X of this subchapter, and under part IV of subchapter II of this chapter for countries in which there is illicit narcotics cultivation, the agency primarily responsible for administering subchapter I of this chapter should give priority consideration to programs which would help reduce illicit narcotics cultivation by stimulating broader development opportunities.
(2) The agency primarily responsible for administering subchapter I of this chapter may utilize resources for activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.
(c) Administrative requirements In furtherance of the purposes of this section, the agency primarily responsible for administering subchapter I of this chapter shall cooperate fully with, and share its expertise in development matters with, other agencies of the United States Government involved in narcotics control activities abroad.
(Pub. L. 87–195, pt. I, § 126, as added Pub. L. 96–53, title I, § 110, Aug. 14, 1979, 93 Stat. 363; amended Pub. L. 99–83, title VI, § 603, Aug. 8, 1985, 99 Stat. 228; Pub. L. 101–513, title V, § 562(d)(7), Nov. 5, 1990, 104 Stat. 2031.)
## Notes
Editorial Notes
Amendments1990—Subsec. (b)(1). Pub. L. 101–513 inserted “, and part X of this subchapter,” after “this part”. 1985—Subsec. (b). Pub. L. 99–83 designated existing provisions as par. (1), inserted reference to part IV of subchapter II of this chapter, and added par. (2).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective DateSection effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
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# 22 U.S.C. § 2151y - Accelerated loan repayments; annual review of countries with bilateral concessional loan balances; priority of determinations respecting negotiations with countries having balances; criteria for determinations
## Text
The Administrator of the agency primarily responsible for administering subchapter I of this chapter shall conduct an annual review of bilateral concessional loan balances and shall determine and identify those countries whose financial resources make possible accelerated loan repayments. In particular, European countries that were recipients of concessional loans by predecessor agencies to the agency primarily responsible for administering subchapter I of this chapter shall be contacted to negotiate accelerated repayments. The criteria used by the Administrator in making these determinations shall be established in conjunction with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Pub. L. 87–195, pt. I, § 127, as added Pub. L. 96–53, title V, § 508(a), Aug. 14, 1979, 93 Stat. 379.)
## Notes
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective DateSection effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
Negotiating Efforts Concerning Accelerated Loan Repayments To Be Included in Annual Reports on Foreign Assistance for 1980 and 1981Pub. L. 96–53, title V, § 508(b), Aug. 14, 1979, 93 Stat. 379, which related to loan repayment provisions in reports, was repealed by Pub. L. 97–113, title VII, § 734(a)(3), Dec. 29, 1981, 95 Stat. 1560.
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# 22 U.S.C. § 2151z - Targeted assistance
## Text
(a) Determination of target populations and strengthening United States assistance The President shall use poverty measurement standards, such as those developed by the International Bank for Reconstruction and Development, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assistance under this part directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty.
(b) Ultimate beneficiaries of activities To the maximum extent possible, activities under this part that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority.
(Pub. L. 87–195, pt. I, § 128, as added Pub. L. 97–377, title I, § 101(b)(2), Dec. 21, 1982, 96 Stat. 1832; amended Pub. L. 99–83, title III, § 312(a), Aug. 8, 1985, 99 Stat. 216.)
## Notes
Editorial Notes
Amendments1985—Pub. L. 99–83, in amending section generally, designated existing provisions as subsec. (a), substituted provisions setting overall guidelines and principles for determination of target populations and strengthening United States assistance, for provisions relating to Presidential responsibility in carrying out this part in fiscal year 1983 for targeting assistance for those living in absolute poverty, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Report of Administrator of Agency for International Development to Congress by June 21, 1983, on Implementation of SectionPub. L. 97–377, title I, § 101(b)(2), Dec. 21, 1982, 96 Stat. 1832, provided in part that within six months after Dec. 21, 1982, the Administrator of the Agency for International Development would report to Congress on the implementation of this section, the types of projects determined to meet these requirements, and the effect on the overall United States foreign assistance program.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2152a - Repealed. Pub. L. 108–484, § 8(a), Dec. 23, 2004, 118 Stat. 3931
## Notes
Section, Pub. L. 87–195, pt. I, § 131, as added Pub. L. 106–309, title I, § 105, Oct. 17, 2000, 114 Stat. 1082; amended Pub. L. 108–31, § 3, June 17, 2003, 117 Stat. 776, related to microenterprise development grant assistance.
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# 22 U.S.C. § 2152b - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 87–195, pt. I, § 132, as added Pub. L. 106–309, title I, § 107(a), Oct. 17, 2000, 114 Stat. 1086, which related to United States Microfinance Loan Facility, was renumbered section 257 of Pub. L. 87–195 by Pub. L. 108–484, § 5(a), (b), Dec. 23, 2004, 118 Stat. 3927, and transferred to section 2213 of this title.
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# 22 U.S.C. § 2152c - Programs to encourage good governance
## Text
(a) Establishment of programs (1) In general The President is authorized to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries described in paragraph (2).
(2) Countries described A country described in this paragraph is a country that is eligible to receive assistance under subchapter I of this chapter (including part IV of subchapter II of this chapter) or the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.].
(3) Priority In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria.
(4) Relation to other laws (A) In general Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sentence may not be provided directly to the government of the country.
(B) Exception Subparagraph (A) does not apply with respect to—
(i) section 2371 of this title or any comparable provision of law prohibiting assistance to countries that support international terrorism; or
(ii) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.
(b) Specific projects and activities The programs established pursuant to subsection (a) 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. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217
(e) Funding Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chapter) and the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to carry out this section.
(Pub. L. 87–195, pt. I, § 133, as added Pub. L. 106–309, title II, § 205(a), Oct. 17, 2000, 114 Stat. 1092; amended Pub. L. 107–228, div. A, title VI, § 672(a), Sept. 30, 2002, 116 Stat. 1407; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.)
## Notes
Editorial Notes
References in TextThe Support for East European Democracy (SEED) Act of 1989, referred to in subsecs. (a)(2) and (e), is Pub. L. 101–179, Nov. 28, 1989, 103 Stat. 1298, which is classified principally to chapter 63 (§ 5401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of this title and Tables. Section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, referred to in subsec. (a)(4)(B)(ii), is section 907 of Pub. L. 102–511, which is set out as a note under section 5812 of this title.
Amendments2011—Subsec. (d). Pub. L. 112–74 struck out subsec. (d) which related to biennial reports. 2002—Subsec. (d). Pub. L. 107–228, § 672(a)(1), substituted “Biennial reports” for “Annual report” in heading. Subsec. (d)(1). Pub. L. 107–228, § 672(a)(2), substituted “a biennial report” for “an annual report” in introductory provisions and “preceding two-year period” for “prior year” in subpars. (A) and (B).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
TransitionPub. L. 107–228, div. A, title VI, § 672(b), Sept. 30, 2002, 116 Stat. 1408, provided that: “The first biennial report under section 133(d) of the Foreign Assistance Act of 1961 ([former] 22 U.S.C. 2152c(d)), as amended by subsection (a), is required to be submitted not later than two years after the date of submission of the last annual report required under such section 133 (as in effect before the date of enactment of this Act [Sept. 30, 2002]).”
Findings and PurposePub. L. 106–309, title II, § 202, Oct. 17, 2000, 114 Stat. 1090, provided that: “(a) Findings.—Congress finds the following:“(1) Widespread corruption endangers the stability and security of societies, undermines democracy, and jeopardizes the social, political, and economic development of a society. “(2) Corruption facilitates criminal activities, such as money laundering, hinders economic development, inflates the costs of doing business, and undermines the legitimacy of the government and public trust. “(3) In January 1997 the United Nations General Assembly adopted a resolution urging member states to carefully consider the problems posed by the international aspects of corrupt practices and to study appropriate legislative and regulatory measures to ensure the transparency and integrity of financial systems. “(4) The United States was the first country to criminalize international bribery through the enactment of the Foreign Corrupt Practices Act of 1977 [Pub. L. 95–213, title I, see Tables for classification] and United States leadership was instrumental in the passage of the Organization for Economic Cooperation and Development (OECD) Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions. “(5) The Vice President, at the Global Forum on Fighting Corruption in 1999, declared corruption to be a direct threat to the rule of law and the Secretary of State declared corruption to be a matter of profound political and social consequence for our efforts to strengthen democratic governments. “(6) The Secretary of State, at the Inter-American Development Bank’s annual meeting in March 2000, declared that despite certain economic achievements, democracy is being threatened as citizens grow weary of the corruption and favoritism of their official institutions and that efforts must be made to improve governance if respect for democratic institutions is to be regained. “(7) In May 1996 the Organization of American States (OAS) adopted the Inter-American Convention Against Corruption requiring countries to provide various forms of international cooperation and assistance to facilitate the prevention, investigation, and prosecution of acts of corruption. “(8) Independent media, committed to fighting corruption and trained in investigative journalism techniques, can both educate the public on the costs of corruption and act as a deterrent against corrupt officials. “(9) Competent and independent judiciary, founded on a merit-based selection process and trained to enforce contracts and protect property rights, is critical for creating a predictable and consistent environment for transparency in legal procedures. “(10) Independent and accountable legislatures, responsive political parties, and transparent electoral processes, in conjunction with professional, accountable, and transparent financial management and procurement policies and procedures, are essential to the promotion of good governance and to the combat of corruption. “(11) Transparent business frameworks, including modern commercial codes and intellectual property rights, are vital to enhancing economic growth and decreasing corruption at all levels of society. “(12) The United States should attempt to improve accountability in foreign countries, including by—“(A) promoting transparency and accountability through support for independent media, promoting financial disclosure by public officials, political parties, and candidates for public office, open budgeting processes, adequate and effective internal control systems, suitable financial management systems, and financial and compliance reporting; “(B) supporting the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies; “(C) promoting responsive, transparent, and accountable legislatures that ensure legislative oversight and whistle-blower protection; “(D) promoting judicial reforms that criminalize corruption and promoting law enforcement that prosecutes corruption; “(E) fostering business practices that promote transparent, ethical, and competitive behavior in the private sector through the development of an effective legal framework for commerce, including anti-bribery laws, commercial codes that incorporate international standards for business practices, and protection of intellectual property rights; and “(F) promoting free and fair national, state, and local elections. “(b) Purpose.—The purpose of this title [see Short Title of 2000 Amendments note set out under section 2151 of this title] is to ensure that United States assistance programs promote good governance by assisting other countries to combat corruption throughout society and to improve transparency and accountability at all levels of government and throughout the private sector.”
Deadline for Initial ReportPub. L. 106–309, title II, § 205(b), Oct. 17, 2000, 114 Stat. 1094, required transmission of the initial annual report under former 22 U.S.C. 2152c(d)(1) not later than 180 days after Oct. 17, 2000.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2152d - Assistance to foreign countries to meet minimum standards for the elimination of trafficking
## Text
(a) Authorization The President is authorized to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to meet the minimum standards for the elimination of trafficking (as defined in section 7102 of this title), including—
(1) the drafting of laws to prohibit and punish acts of trafficking;
(2) the investigation and prosecution of traffickers, including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation;
(3) the creation and maintenance of facilities, programs, projects, and activities for the protection of victims; and
(4) the expansion of exchange programs and international visitor programs for governmental and nongovernmental personnel to combat trafficking.
(b) Funding Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chapter) and the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to carry out this section. Assistance may be provided under this section notwithstanding section 2420 of this title.
(Pub. L. 87–195, pt. I, § 134, as added Pub. L. 106–386, div. A, § 109, Oct. 28, 2000, 114 Stat. 1481; amended Pub. L. 108–193, § 6(f), Dec. 19, 2003, 117 Stat. 2883; Pub. L. 110–457, title I, § 103(b), Dec. 23, 2008, 122 Stat. 5046.)
## Notes
Editorial Notes
References in TextThe Support for East European Democracy (SEED) Act of 1989, referred to in subsec. (b), is Pub. L. 101–179, Nov. 28, 1989, 103 Stat. 1298, which is classified principally to chapter 63 (§ 5401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5401 of this title and Tables.
Amendments2008—Subsec. (a)(2). Pub. L. 110–457 inserted “, including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation” before semicolon at end. 2003—Subsec. (b). Pub. L. 108–193 inserted at end “Assistance may be provided under this section notwithstanding section 2420 of this title.”
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2152e - Program to improve building construction and practices in Latin American countries
## Text
(a) In general The President, acting through the Administrator of the United States Agency for International Development, is authorized, under such terms and conditions as the President may determine, to carry out a program to improve building construction codes and practices in Ecuador, El Salvador, and other Latin American countries (in this section referred to as the “program”).
(b) Program description (1) In general The program shall be in the form of grants to, or contracts with, organizations described in paragraph (2) to support the following activities:
(A) Training Training of appropriate professionals in Latin America from both the public and private sectors to enhance their understanding of building and housing codes and standards.
(B) Translation and distribution Translating and distributing in the region detailed construction manuals, model building codes, and publications from organizations described in paragraph (2), including materials that address zoning, egress, fire and life safety, plumbing, sewage, sanitation, electrical installation, mechanical installation, structural engineering, and seismic design.
(C) Other assistance Offering other relevant assistance as needed, such as helping government officials develop seismic micro-zonation maps or draft pertinent legislation, to implement building codes and practices that will help improve the resistance of buildings and housing in the region to seismic activity and other natural disasters.
(2) Covered organizations Grants and contracts provided under this section shall be carried out through United States organizations with expertise in the areas described in paragraph (1), including the American Society of Testing Materials, the Underwriters Laboratories, the American Society of Mechanical Engineers, the American Society of Civil Engineers, the American Society of Heating, Refrigeration, and Air Conditioning Engineers, the International Association of Plumbing and Mechanical Officials, the International Code Council, and the National Fire Protection Association.
(Pub. L. 107–228, div. A, title VI, § 688, Sept. 30, 2002, 116 Stat. 1413.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2152g - Annual report
## Text
(a) Report Not later than one year after the date on which the President transmits to the appropriate congressional committees the strategy required by section 4(a), and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act.
(b) Contents The report shall contain the following information for grants, cooperative agreements, contracts, contributions, and other forms of assistance awarded or entered into under section 2152f of this title:
(1) The amount of funding, the name of recipient organizations, the location of programs and activities, the status of progress of programs and activities, and the estimated number of orphans and other vulnerable children who received direct or indirect assistance under the programs and activities.
(2) The results of the monitoring and evaluation system with respect to assistance for orphans and other vulnerable children.
(3) The percentage of assistance provided in support of orphans or other vulnerable children affected by HIV/AIDS.
(4) Any other appropriate information relating to the needs of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance authorized in section 2152f of this title or under any other provision of law.
(Pub. L. 109–95, § 5, Nov. 8, 2005, 119 Stat. 2117.)
## Notes
Editorial Notes
References in TextSection 4(a), referred to in subsec. (a), is section 4(a) of Pub. L. 109–95, which is set out as a note under section 2152f of this title. This Act, referred to in subsec. (a), is Pub. L. 109–95, Nov. 8, 2005, 119 Stat. 2111, known as the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, which enacted this section and section 2152f of this title and enacted provisions set out as notes under this section and sections 2151 and 2152f of this title. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 2151 of this title and Tables.
Codification Section was enacted as part of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Appropriate Congressional Committees DefinedPub. L. 109–95, § 6, Nov. 8, 2005, 119 Stat. 2118, provided that: “In this Act [see Short Title of 2005 Amendment note set out under section 2151 of this title], the term ‘appropriate congressional committees’ means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.”
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# 22 U.S.C. § 2152i - Small Grants Program
## Text
(a) In general A Small Grants Program (SGP) shall be established within the United States Agency for International Development (USAID) to provide small grants, cooperative agreements, and other assistance mechanisms and agreements of not more than $2,000,000 for the purpose of carrying out the provisions of chapters 1 and 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] and chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961: Provided, That the SGP established pursuant to this section shall replace the function served previously by the Development Grants Program established under section 674 of division J, of Public Law 110–161, which is hereby abolished.
(b) Eligibility Awards from the SGP shall only be made to eligible entities as described in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(c) Proposals Awards made pursuant to the authority of this section shall be provided through—
(1) unsolicited applications received and evaluated pursuant to USAID policy regarding such proposals;
(2) an open and competitive process; or
(3) as otherwise allowable under Federal Acquisition Regulations and USAID procurement policies.
(d) Funding (1) Of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq., 2346 et seq.], not less than $45,000,000 shall be made available for the SGP within USAID’s Local Sustainability Office of the Bureau for Economic Growth, Education and Environment to carry out this subsection.
(2) Other than to meet the requirements of this section, funds made available to carry out this section may not be allocated in the report required by section 653(a) of the Foreign Assistance Act of 1961 [22 U.S.C. 2413(a)] to meet any other specifically designated funding levels contained in this Act: Provided, That such funds may be attributed to any such specifically designated funding level after the award of funds under this section, if applicable.
(3) Funds made available under this section shall remain available for obligation until September 30, 2019.
(e) Management (1) Not later than 120 days after December 16, 2014, the USAID Administrator shall issue guidance to implement this section: Provided, That such guidance shall include the requirements contained in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(2) Upon selection of a mission pursuant to the procedures required by paragraph (1), such selected mission may be allocated the full estimated cost of the multi-year program: Provided, That such allocations shall be subject to the regular notification procedures of the Committees on Appropriations.
(3) In addition to funds otherwise available for such purposes, up to 20 percent of the funds made available to carry out this section may be used by USAID for administrative expenses, and other necessary support associated with managing and strengthening relationships with entities under the SGP.
(f) Report Not later than 120 days after December 16, 2014, and after consultation with the appropriate congressional committees, the Administrator shall submit a report to such committees describing the guidance to implement the SGP.
(Pub. L. 113–235, div. J, title VII, § 7080, Dec. 16, 2014, 128 Stat. 2682; Pub. L. 114–113, div. K, title VII, § 7034(q)(3), Dec. 18, 2015, 129 Stat. 2768.)
## Notes
Editorial Notes
References in TextThe Foreign Assistance Act of 1961, referred to in subsecs. (a) and (d)(1), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapters 1 and 10 of part I and chapter 4 of part II of the Act are classified generally to parts I (§ 2151 et seq.) and X (§ 2293 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respectively, of chapter 32 of this title. For provisions deeming references to part I of subchapter I to include a reference to section 2293 of this title, see section 2293(d)(1) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. Section 674 of division J, of Public Law 110–161, referred to in subsec. (a), is not classified to the Code. Section 4 (in the matter preceding division A of this consolidated Act), referred to in subsecs. (b) and (e)(1), is section 4 of Pub. L. 113–235, Dec. 16, 2014, 128 Stat. 2132, which is not classified to the Code. This Act, referred to in subsec. (d)(1), (2), is div. J of Pub. L. 113–235, Dec. 16, 1214, 128 Stat. 2573, known as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015. For complete classification of div. J to the Code, see Tables.
Codification Section was enacted as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Amendments2015—Subsecs. (b), (c). Pub. L. 114–113, § 7034(q)(3)(A), substituted “Awards” for “Grants”. Subsec. (c)(3). Pub. L. 114–113, § 7034(q)(3)(B)–(D), added par. (3). Subsec. (e)(3). Pub. L. 114–113, § 7034(q)(3)(E), substituted “20” for “12” and “administrative expenses, and other necessary support associated with managing and strengthening” for “administrative and oversight expenses associated with managing”.
Statutory Notes and Related Subsidiaries
Renaming of Small Grants Program as Local WorksPub. L. 115–141, div. K, title VII, § 7034(p)(1), Mar. 23, 2018, 132 Stat. 897, provided that: “The ‘Small Grants Program’ established pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) [22 U.S.C. 2152i] shall hereafter be referred to as ‘Local Works’.”
Definition of “Eligible Entities” Pub. L. 118–47, div. F, title VII, § 7034(n)(2), Mar. 23, 2024, 138 Stat. 792, provided that: “For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) [22 U.S.C. 2152i], ‘eligible entities’ shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID [United States Agency for International Development] over the previous 5 fiscal years: Provided, That departments or centers of such educational institutions may be considered individually in determining such eligibility.” Similar provisions were contained in the following prior appropriations acts: Pub. L. 117–328, div. K, title VII, § 7034(p)(2), Dec. 29, 2022, 136 Stat. 5035. Pub. L. 117–103, div. K, title VII, § 7034(p)(2), Mar. 15, 2022, 136 Stat. 625. Pub. L. 116–260, div. K, title VII, § 7034(p)(2), Dec. 27, 2020, 134 Stat. 1753. Pub. L. 116–94, div. G, title VII, § 7034(p)(2), Dec. 20, 2019, 133 Stat. 2875. Pub. L. 116–6, div. F, title VII, § 7034(q)(2), Feb. 15, 2019, 133 Stat. 329. Pub. L. 115–141, div. K, title VII, § 7034(p)(3), Mar. 23, 2018, 132 Stat. 898. Pub. L. 115–31, div. J, title VII, § 7034(p)(2), May 5, 2017, 131 Stat. 653. Pub. L. 114–113, div. K, title VII, § 7034(q)(4), Dec. 18, 2015, 129 Stat. 2768.
Definition of “USAID” Pub. L. 118–47, div. F, title VII, § 7034(s)(7), Mar. 23, 2024, 138 Stat. 794, provided that: “In this Act [div. F of Pub. L. 118–47, 138 Stat. 729, see Tables for classification], the term ‘USAID’ means the United States Agency for International Development.” Similar provisions were contained in the following prior appropriations acts: Pub. L. 117–328, div. K, title VII, § 7034(s)(6), Dec. 29, 2022, 136 Stat. 5036. [Pub. L. 117–103, div. K, title VII, § 7034(t)(6), Mar. 15, 2022, 136 Stat. 627, set out as a note under section 2151 of this title.] Pub. L. 116–260, div. K, title VII, § 7034(q)(6), Dec. 27, 2020, 134 Stat. 1754. Pub. L. 116–94, div. G, title VII, § 7034(r)(5), Dec. 20, 2019, 133 Stat. 2876. Pub. L. 116–6, div. F, title VII, § 7034(r)(5), Feb. 15, 2019, 133 Stat. 330. Pub. L. 115–141, div. K, title VII, § 7034(r)(5), Mar. 23, 2018, 132 Stat. 898. Pub. L. 115–31, div. J, title VII, § 7034(r)(5), May 5, 2017, 131 Stat. 654.
Definition of “Appropriate Congressional Committees” Pub. L. 113–235, div. J, title VII, § 7034(t)(1), Dec. 16, 2014, 128 Stat. 2627, provided that: “Unless otherwise defined in this Act [div. J of Pub. L. 113–235, 128 Stat. 2573, see Tables for classification], for purposes of this Act the term ‘appropriate congressional committees’ shall mean the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.”
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 2152j–1 - United States strategy to promote the participation of women in conflict prevention and peace building
## Text
(a) Requirement Not later than one year after October 6, 2017, and again four years thereafter, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 2152j of this title. The strategy shall—
(1) support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decisionmaking institutions; and
(2) include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy.
(b) Specific plans for departments and agencies Each strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes—
(1) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and
(2) the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.
(c) Coordination The President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including, as appropriate, multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States Government is not appropriate or advisable.
(d) Sense of Congress It is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should—
(1) provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders;
(2) address security-related barriers to the meaningful participation of women;
(3) encourage increased participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education;
(4) support appropriate local organizations, especially women’s peace building organizations;
(5) support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women;
(6) encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls;
(7) expand and apply gender analysis, as appropriate, to improve program design and targeting; and
(8) conduct assessments that include the perspectives of women regarding new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform.
(Pub. L. 115–68, § 5, Oct. 6, 2017, 131 Stat. 1203.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Women, Peace, and Security Act of 2017, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
Executive Documents
Delegation of Certain Functions and Authorities Under the Women, Peace, and Security Act of 2017 Memorandum of President of the United States, June 29, 2021, 86 F.R. 35383, provided: Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of Homeland Security[, and] the Administrator of the United States Agency for International Development By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Administrator of the United States Agency for International Development, the authority to submit to the Congress the reports required by sections 5(a) [22 U.S.C. 2152j–1(a)] and 8(b) [131 Stat. 1205] of the Women, Peace, and Security Act of 2017 (Public Law 115–68). The delegation of authority provided in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provisions referenced in this memorandum. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. J.R. Biden, Jr.
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# 22 U.S.C. § 2152j–2 - Training requirements regarding the participation of women in conflict prevention and peace building
## Text
(a) Foreign Service The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women:
(1) Conflict prevention, mitigation, and resolution.
(2) Protecting civilians from violence, exploitation, and trafficking in persons.
(3) International human rights law and international humanitarian law.
(b) Department of Defense The Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas:
(1) Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women.
(2) Gender considerations and meaningful participation by women, including training regarding—
(A) international human rights law and international humanitarian law, as relevant; and
(B) protecting civilians from violence, exploitation, and trafficking in persons.
(3) Effective strategies and best practices for ensuring meaningful participation by women.
(Pub. L. 115–68, § 6, Oct. 6, 2017, 131 Stat. 1204.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Women, Peace, and Security Act of 2017, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2152j–3 - Consultation and collaboration
## Text
(a) In general The Secretary of State and the Administrator of the United States Agency for International Development may establish guidelines or take other steps to ensure overseas United States personnel of the Department of State or the United States Agency for International Development, as the case may be, consult with appropriate stakeholders, including local women, youth, ethnic, and religious minorities, and other politically under-represented or marginalized populations, regarding United States efforts to—
(1) prevent, mitigate, or resolve violent conflict; and
(2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women.
(b) Collaboration and coordination The Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building.
(Pub. L. 115–68, § 7, Oct. 6, 2017, 131 Stat. 1205.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Women, Peace, and Security Act of 2017, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2152j–4 - Definitions
## Text
In sections 2152j to 2152j–4 of this title:
(1) Appropriate congressional committees The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the of the 11 So in original. House of Representatives.
(2) Relevant Federal departments and agencies The term “relevant Federal departments and agencies” means—
(A) the United States Agency for International Development;
(B) the Department of State;
(C) the Department of Defense;
(D) the Department of Homeland Security; and
(E) any other department or agency specified by the President for purposes of sections 2152j to 2152j–4 of this title.
(3) Stakeholders The term “stakeholders” means non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts.
(Pub. L. 115–68, § 9, Oct. 6, 2017, 131 Stat. 1206.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Women, Peace, and Security Act of 2017, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2152j - Statement of policy
## Text
It shall be the policy of the United States to promote the meaningful participation of women in all aspects of overseas conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that—
(1) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies;
(2) encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions;
(3) promote the physical safety, economic security, and dignity of women and girls;
(4) support the equal access of women to aid distribution mechanisms and services;
(5) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence;
(6) adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and
(7) monitor, analyze, and evaluate the efforts related to each strategy submitted under section 2152j–1 of this title and the impact of such efforts.
(Pub. L. 115–68, § 4, Oct. 6, 2017, 131 Stat. 1203.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Women, Peace, and Security Act of 2017, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.
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# 22 U.S.C. § 2152k - Assistance to improve early childhood outcomes globally
## Text
(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 January 1, 2021, 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 2152h(j) of this title;
(ii) the whole-of-government strategy required under section 9304 of this title;
(iii) the Basic Education Strategy set forth in section 2151c(c) of this title;
(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 2152g of this title, 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.
(Pub. L. 87–195, pt. I, § 137, as added Pub. L. 116–283, div. A, title XII, § 1283(b), Jan. 1, 2021, 134 Stat. 3985.)
## Notes
Statutory Notes and Related Subsidiaries
Rule of ConstructionNothing in enactment of this section to be construed to restrict or abrogate any other authorization for United States Agency for International Development activities or programs, see section 1285 of Pub. L. 116–283, set out as a note under section 2152f of this title.
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# 22 U.S.C. § 2163 - Repealed. Pub. L. 93–189, § 3(b), Dec. 17, 1973, 87 Stat. 717
## Notes
Section, Pub. L. 87–195, pt. I, § 203, Sept. 4, 1961, 75 Stat. 427; Pub. L. 91–175, pt. I, § 101(b), Dec. 30, 1969, 83 Stat. 805; Pub. L. 92–226, pt. I, § 101(b), Feb. 7, 1972, 86 Stat. 21; Pub. L. 93–189, § 3(a), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93–559, § 6, Dec. 30, 1974, 88 Stat. 1796, authorized use of not more than 50 per centum of dollar receipts scheduled to be paid during each of the fiscal years 1974 and 1975 from loans made under this subchapter and predecessor foreign assistance legislation for making loans under part I of this subchapter for each such fiscal year, and disposition of dollar receipts paid on and after July 1, 1975.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective July 1, 1975, see section 3(b) of Pub. L. 93–189.
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# 22 U.S.C. § 2164 - Repealed. Pub. L. 95–424, title I, § 102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
## Notes
Section, Pub. L. 87–195, pt. I, § 204, Sept. 4, 1961, 75 Stat. 427, related to the establishment, duties and appointment of officers of the Development Loan Committee. The provisions of this section were redesignated as subsec. (e) of section 2151t of this title by section 102(d)(1), (2) of Pub. L. 95–424.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
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type: "LegalText"
title: "22 U.S.C. § 2165"
description: "Repealed. Pub. L. 92–226, pt. I, § 101(d), Feb. 7, 1972, 86 Stat. 21"
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title_number: 22
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chapter_number: "32"
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citation: "22 U.S.C. § 2165"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 2165 - Repealed. Pub. L. 92–226, pt. I, § 101(d), Feb. 7, 1972, 86 Stat. 21
## Notes
Section, Pub. L. 87–195, pt. I, § 205, Sept. 4, 1961, 75 Stat. 427; Pub. L. 89–171, pt. I, § 102(a), Sept. 6, 1965, 79 Stat. 653; Pub. L. 89–583, pt. I, § 102(c), Sept. 19, 1966, 80 Stat. 797; Pub. L. 90–137, pt. I, § 102(d), Nov. 14, 1967, 81 Stat. 447, provided for use of international lending organizations.
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---
type: "LegalText"
title: "22 U.S.C. § 2166"
description: "Regional development in Africa"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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section: "2166"
citation: "22 U.S.C. § 2166"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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source_identifier: "/us/usc/t22/s2166"
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 2166 - Regional development in Africa
## Text
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.
(Pub. L. 87–195, pt. I, § 206, as added Pub. L. 89–171, pt. I, § 102(b), Sept. 6, 1965, 79 Stat. 653.)
## Notes
Statutory Notes and Related Subsidiaries
African Assistance Policy; Presidential Report to CongressPub. L. 93–559, § 49, Dec. 30, 1974, 88 Stat. 1816, which related to Presidential review and report on African assistance policy, was repealed by Pub. L. 97–113, title VII, § 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.
Portuguese African Territories of Angola, Mozambique, and Guinea-Bissau: Independence PolicyPub. L. 93–559, § 50, Dec. 30, 1974, 88 Stat. 1816, as amended by Pub. L. 97–113, title VII, § 734(a)(8), Dec. 29, 1981, 95 Stat. 1560, provided that: “(a)(1) Congress finds that the Government of Portugal’s recognition of the right to independence of the African territories of Angola, Mozambique, and Guinea-Bissau marks a significant advance toward the goal of self-determination for all the peoples of Africa, without which peace on the continent is not secure. “(2) Congress finds that progress toward independence for the Portuguese African territories will have a significant impact on the international organizations and the community of nations. “(3) Congress commends the Portuguese Government’s initiatives on these fronts as evidence of a reaffirmation of that Government’s support for her obligations under both the United Nations Charter and the North Atlantic Treaty Organization. “(b) Therefore, Congress calls upon the President and the Secretary of State to take the following actions designed to make clear United States support for a peaceful and orderly transition to independence in the Portuguese African territories:“(1) An official statement should be issued of United States support for the independence of Angola, Mozambique and Guinea-Bissau, and of our desire to have good relations with the future governments of the countries. “(2) It should be made clear to the Government of of Portugal that we view the efforts toward a peaceful and just settlement of the conflict in the African territories as consistent with Portugal’s obligations under the North Atlantic Treaty Organization partnership. “(3) The United States should encourage United Nations support for a peaceful transition to independence, negotiated settlement of all differences, and the protection of human rights of all citizens of the three territories. “(4) The United States should open a dialog with potential leaders of Angola, Mozambique, and Guinea-Bissau and assure them of our commitment to their genuine political and economic independence. “(5) The economic development needs of the three territories will be immense when independence is achieved. Therefore, it is urged that the United States Agency for International Development devote attention to assessing the economic situation in Angola, Mozambique, and Guinea-Bissau and be ready to cooperate with the future governments in providing the kind of assistance that will help make their independence viable. In addition, the United States Government should take the initiative among other donors, both bilateral and multilateral, in seeking significant contribution of development assistance for the three territories. “(6) In light of the need of Angola, Mozambique, and Guinea-Bissau for skilled and educated manpower, a priority consideration should be given to expanding current United States programs of educational assistance to the territories as a timely and substantive contribution to their independence. “(c) [Repealed. Pub. L. 97–113, title VII, § 734(a)(8), Dec. 29, 1981, 95 Stat. 1560.]”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
Executive Order No. 12599 Ex. Ord. No. 12599, June 23, 1987, 52 F.R. 23779, which established the Coordinating Committee for Sub-Saharan Africa and assigned its functions in order to establish procedures for development of a common long-term goal for all United States economic programs and policies in Sub-Saharan Africa, was revoked by Ex. Ord. No. 13118, § 10(3), Mar. 31, 1999, 64 F.R. 16598.
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---
type: "LegalText"
title: "22 U.S.C. § 2169"
description: "Multilateral, regional, and bilateral programs"
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 2169 - Multilateral, regional, and bilateral programs
## Text
(a) Multilateral programs The Congress recognizes that the planning and administration of development assistance by, or under the sponsorship of the United Nations, multilateral lending institutions, and other multilateral organizations may contribute to the efficiency and effectiveness of that assistance through participation of other donors in the development effort, improved coordination of policies and programs, pooling of knowledge, avoidance of duplication of facilities and manpower, and greater encouragement of self-help performance.
(b) Regional programs It is further the sense of the Congress (1) that where problems or opportunities are common to two or more countries in a region, in such fields as agriculture, education, transportation, communications, power, watershed development, disease control, and establishment of development banks, these countries often can more effectively resolve such problems and exploit such opportunities by joining together in regional organizations or working together on regional programs, (2) that assistance often can be utilized more efficiently in regional programs than in separate country programs, and (3) that to the maximum extent practicable consistent with the purposes of this chapter assistance under this chapter should be furnished so as to encourage less developed countries to cooperate with each other in regional development programs.
(c) Federal funds to multilateral lending institutions and multilateral organizations for loans to foreign countries; increase It is the sense of the Congress that the President should increase, to the extent practicable, the funds provided by the United States to multilateral lending institutions and multilateral organizations in which the United States participates for use by such institutions and organizations in making loans to foreign countries.
(Pub. L. 87–195, pt. I, § 209, as added Pub. L. 90–137, pt. I, § 102(e), Nov. 14, 1967, 81 Stat. 449; amended Pub. L. 92–226, pt. I, § 101(c), Feb. 7, 1972, 86 Stat. 21; Pub. L. 94–161, title III, § 311(1), Dec. 20, 1975, 89 Stat. 860; Pub. L. 106–429, § 101(a) [title VIII, § 804], Nov. 6, 2000, 114 Stat. 1900, 1900A–67.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments2000—Subsec. (d). Pub. L. 106–429 struck out subsec. (d) which read as follows: “In furtherance of the provisions of subsection (a) of this section, any funds appropriated under subchapter I of this chapter may be transferred by the President to the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation, the Asian Development Bank or other multilateral lending institutions and multilateral organizations in which the United States participates for the purpose of providing funds to enable any such institution or organization to make loans to foreign countries.” 1975—Subsec. (c). Pub. L. 94–161 substituted provision for increase of Federal funds to multilateral lending institutions and multilateral organizations for making loans to foreign countries for prior provision for reduction of loans under the bilateral lending programs to attain a total amount not to exceed $100,000,000 not later than June 30, 1975. 1972—Subsec. (a). Pub. L. 92–226, § 101(c)(1), in amending subsec. (a) generally, provided for United Nations sponsorship of development assistance and substituted “may contribute” for “may, in some instances, contribute”. Subsecs. (c), (d). Pub. L. 92–226, § 101(c)(2), added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Establishment of Standard Governing Allocation of Development Assistance for Production and Export of Commodities in Surplus in World Market; Presidential Initiation of International Consultations; Report by President to CongressPub. L. 95–481, title VI, § 610, Oct. 18, 1978, 92 Stat. 1602, provided that: “The President shall initiate wide international consultations beginning with the member nations of the Organization of Economic Cooperation and Development (OECD), designed to develop a viable standard governing the allocation of development assistance for the production and export of commodities. Such consultations shall relate to commodities which are in surplus in the world market and if produced for export would cause substantial harm to producers of the same, similar or competing products. Not later than one year after the enactment of this Act [Oct. 18, 1978] the President shall report to the President of the Senate, the Speaker of the House of Representatives, and the Chairmen of the House and Senate Appropriations Committees on the progress made in carrying out this section.”
Policy With Respect to Countries Most Seriously Affected by Food Shortages; Presidential Reports to CongressPub. L. 93–559, § 55(a), Dec. 30, 1974, 88 Stat. 1819, provided that: “The United Nations has designated thirty-two countries as ‘Most Seriously Affected’ by the current economic crisis. These are countries without the internal food production capability or the foreign exchange availability to secure food to meet their immediate food requirements. The Congress calls upon the President and Secretary of State to take the following actions designed to mobilize appropriate resources to meet the food emergency: “(1) Review and make appropriate adjustments in the level of programming of our food and fertilizer assistance programs with the aim of increasing to the maximum extent feasible the volume of food and fertilizer available to those countries most seriously affected by current food shortages. “(2) Call upon all traditional and potential new donors of food, fertilizer, or the means of financing these commodities to immediately increase their participation in efforts to address the emergency food needs of the developing world. “(3) Make available to these most seriously affected countries the maximum feasible volume of food commodities, with appropriate regard to the current domestic price and supply situations. “(4) Maintain regular and full consultation with the appropriate committees of the Congress and report to the Congress and the Nation on steps which are being taken to help meet this food emergency. In accordance with this provision, the President shall report to the Congress on a global assessment of food needs for fiscal year 1975, specifying expected food grain deficits and currently planned programming of food assistance, and steps which are being taken to encourage other countries to increase their participation in food assistance or the financing of food assistance. Such report should reach the Congress promptly and should be supplemented quarterly for the remainder of fiscal year 1975. “(5) The Congress directs that during the fiscal year ending June 30, 1975, not more than 30 percent of concessional food aid should be allocated to countries other than those which are most seriously affected by current food shortages, unless the President demonstrates to the appropriate Committees of the Congress that the use of such food assistance is solely for humanitarian food purposes. “(6) The Congress calls upon the President to proceed with the implementation of resolutions and recommendations adopted by the World Food Conference. The Congress believes that it is incumbent upon the United States to take a leading role in assisting in the development of a viable and coherent world food policy which would begin the task of alleviating widespread hunger and suffering prevalent in famine-stricken nations. The President shall report to the Congress within 120 days of enactment of this Act [Dec. 30, 1974] on the implementation of the resolutions and the extent to which the United States is participating in the implementation of resolutions adopted at the World Food Conference.”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2173"
description: "Repealed. Pub. L. 87–565, pt. I, § 103(c), Aug. 1, 1962, 76 Stat. 256"
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title_number: 22
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section: "2173"
citation: "22 U.S.C. § 2173"
status: "current"
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---
# 22 U.S.C. § 2173 - Repealed. Pub. L. 87–565, pt. I, § 103(c), Aug. 1, 1962, 76 Stat. 256
## Notes
Section, Pub. L. 87–195, pt. I, § 213, Sept. 4, 1961, 75 Stat. 428, related to peaceful use of atomic energy outside United States. See section 2171 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2175"
description: "Repealed. Pub. L. 95–424, title I, § 102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942"
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title_number: 22
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citation: "22 U.S.C. § 2175"
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---
# 22 U.S.C. § 2175 - Repealed. Pub. L. 95–424, title I, § 102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
## Notes
Section, Pub. L. 87–195, pt. I, § 215, Sept. 4, 1961, 75 Stat. 428, related to loans to small farmers.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2175a"
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corpus: "united_states_code"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "32"
chapter_name: "FOREIGN ASSISTANCE"
section: "2175a"
citation: "22 U.S.C. § 2175a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip"
source_identifier: "/us/usc/t22/s2175a"
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---
# 22 U.S.C. § 2175a - Repealed. Pub. L. 97–113, title VII, § 734(a)(8), Dec. 29, 1981, 95 Stat. 1560
## Notes
Section, Pub. L. 93–559, § 3, Dec. 30, 1974, 88 Stat. 1795, imposed a ceiling on aid to South Vietnam for procurement of fertilizers. See section 2370(f) of this title.
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type: "LegalText"
title: "22 U.S.C. § 2176 to 2178"
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# 22 U.S.C. § 2176 to 2178 - Repealed. Pub. L. 95–424, title I, § 102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
## Notes
Section 2176, Pub. L. 87–195, pt. I, § 216, Sept. 4, 1961, 75 Stat. 429; Pub. L. 88–633, pt. I, § 102(d), Oct. 7, 1964, 78 Stat. 1009, related to payment by the United States of transportation charges of the American Red Cross and United States voluntary nonprofit relief agencies.
Section 2177, Pub. L. 87–195, pt. I, § 217, as added Pub. L. 88–633, pt. I, § 102(e), Oct. 7, 1964, 78 Stat. 1009, related to a determination of the feasibility of establishing programs for the furnishing to less developed countries of used tools, machinery, etc., to be donated by private enterprise.
Section 2178, Pub. L. 87–195, pt. I, § 218, as added Pub. L. 90–137, pt. I, § 103(a), Nov. 14, 1967, 81 Stat. 450, related to the demonstration of the use of fish and other protein concentrates as a means of reducing nutritional deficiencies in less developed countries.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
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---
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title: "22 U.S.C. § 2179"
description: "Prototype desalting plant"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
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---
# 22 U.S.C. § 2179 - Prototype desalting plant
## Text
(a) Assistance in development In furtherance of the purposes of subchapter I of this chapter and for the purpose of improving existing, and developing and advancing new, technology and experience in the design, construction, and operation of large-scale desalting plants of advanced concepts which will contribute materially to low-cost desalination in all countries, including the United States, the President, if he determines it to be feasible, is authorized to participate in the development of a large-scale water treatment and desalting prototype plant and necessary appurtenances to be constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President deems appropriate to provide for the study, design, construction, and, for a limited demonstration period of not to exceed five years, operation and maintenance of the water treatment and desalting facilities of the dual-purpose project.
(b) Terms and conditions Any agreement entered into under subsection (a) of this section shall include such terms and conditions as the President deems appropriate to insure, among other things, that all information, products, uses, processes, patents, and other developments obtained or utilized in the development of this prototype plant will be available without further cost to the United States for the use and benefit of the United States throughout the world, and to insure that the United States, its officers, and employees have a permanent right to review data and have access to such plant for the purpose of observing its operations and improving science and technology in the field of desalination.
(c) Contracts In carrying out the provisions of this section, the President may enter into contracts with public or private agencies and with any person without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.
(d) Patents Nothing in this section shall be construed as intending to deprive the owner of any background patent or any right which such owner may have under that patent.
(e) Federal agencies In carrying out the provisions of this section, the President may utilize the personnel, services, and facilities of any Federal agency.
(f) Authorization of appropriations The United States costs, other than its administrative costs, for the study, design, construction, and operation of a prototype plant under this section shall not exceed either 50 per centum of the total capital costs of the facilities associated with the production of water, and 50 per centum of the operation and maintenance costs for the demonstration period, or $20,000,000, whichever is less. There are authorized to be appropriated, subject to the limitations of this subsection, such sums as may be necessary to carry out the provisions of this section, including administrative costs thereof. Such sums are authorized to remain available until expended.
(g) Restrictions on appropriations No funds appropriated for the Office of Water Research and Technology pursuant to the appropriation authorized by the Act of July 11, 1969 (83 Stat. 45, Public Law 91–43), or prior authorization Acts, shall be used to carry out the purposes of this section.
(Pub. L. 87–195, pt. I, § 219, as added Pub. L. 91–175, pt. I, § 104, Dec. 30, 1969, 83 Stat. 806.)
## Notes
Editorial Notes
References in TextAct of July 11, 1969, referred to in subsec. (g), is Pub. L. 91–43, July 11, 1969, 83 Stat. 45, which is not classified to the Code.
Codification In subsec. (c), “section 3324(a) and (b) of title 31 and section 6101 of title 41” substituted for “sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529 and 41 U.S.C. 5)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Executive Documents
Change of Name Office of Water Research and Technology formed through merger of Office of Saline Water and Office of Water Resources Research by order of Secretary of the Interior, Ord. No. 2966, July 26, 1974.
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2181 - Policy
## Text
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.
(Pub. L. 87–195, pt. I, § 221, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807; amended Pub. L. 92–226, pt. I, § 103(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 93–189, § 5(1), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93–559, § 7(1), Dec. 30, 1974, 88 Stat. 1796; Pub. L. 94–161, title III, § 311(3), Dec. 20, 1975, 89 Stat. 861; Pub. L. 95–88, title I, § 117(a)(1), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95–424, title I, § 115(a), Oct. 6, 1978, 92 Stat. 950; Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903.)
## Notes
Editorial Notes
Codification Amendment by Pub. L. 98–473 is based on section 311(a) of H.R. 5119, Ninety-eighth Congress, as passed by the House of Representatives May 10, 1984, which was enacted into permanent law by Pub. L. 98–473.
Prior ProvisionsA prior section 221 of Pub. L. 87–195, pt. I, Sept. 4, 1961, 75 Stat. 429, as amended by Pub. L. 87–565, pt. I, § 104(a), Aug. 1, 1962, 76 Stat. 256; Pub. L. 88–205, pt. I, § 104(a), Dec. 16, 1963, 77 Stat. 381; Pub. L. 88–633, pt. I, § 103(a), Oct. 7, 1964, 78 Stat. 1009; Pub. L. 89–171, pt. I, § 104(a), (b), Sept. 6, 1965, 79 Stat. 654; Pub. L. 89–583, pt. I, § 104(a), Sept. 19, 1966, 80 Stat. 798; Pub. L. 90–137, pt. I, § 104(a), Nov. 14, 1967, 81 Stat. 450; Pub. L. 90–554, pt. I, § 103, Oct. 8, 1968, 82 Stat. 960, related to general authority for foreign investment guaranties by the President, prior to the general reorganization of this subpart by Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807.
Amendments1984—Pub. L. 98–473 substituted “, including essential urban development services, is” for “requirements are” after “The Congress recognizes that shelter” and, in the remainder of the section substituted “shelter” for “housing” wherever appearing. 1978—Pub. L. 95–424 generally revised the statement of policy to clarify that in developing countries, financing, materials and labor for most housing must be obtained from local sources, while United States capital and technical expertise can increase the availability of housing and related services for low-income people by demonstrating financial viability of credit systems for low-cost housing. 1977—Pub. L. 95–88 struck out provisions that the total face amount of guaranties issued under this section outstanding at any one time not exceed $430,000,000 and added section 2182(c) of this title to the enumeration of sections setting out the conditions under which guaranties shall be issued. 1975—Pub. L. 94–161 substituted “$430,000,000” for “$355,000,000”. 1974—Pub. L. 93–559 substituted “$355,000,000” for “$305,000,000”. 1973—Pub. L. 93–189 substituted “$305,000,000” for “$205,000,000”. 1972—Pub. L. 92–226 substituted “$205,000,000” for “$130,000,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Use of Funds From Sale of Notes for Discharge of Liabilities Under Guaranties; Transfer of Funds and Cancellation of Notes and InterestPub. L. 90–249, title I, § 120, Jan. 2, 1968, 81 Stat. 941, provided that: “Hereafter, none of the funds obtained or authorized to be obtained from the sale of notes under authority of paragraph 111(c)(2) of the Economic Cooperation Act of 1948 [section 1509(c)(2) of this title] or paragraph 413(b)(4)(F) of the Mutual Security Act of 1954 [section 1933(b)(4)(F) of this title] may be used for the purposes of discharging liabilities under any guaranties (exclusive of informational media guaranties) issued under sections 221(b) and 224 of the Foreign Assistance Act of 1961 [subsec. (b) of this section and section 2184 of this title], sections 202(b) and 413(b)(4) of the Mutual Security Act of 1954 [sections 1872(b) and 1933(b)(4) of this title] and section 111(b)(3) of the Economic Cooperation Act of 1948 [section 1509(b)(3) of this title]. Any portion of the funds in the reserve established pursuant to section 222(e) of the Foreign Assistance Act of 1961 [section 2182(e) of this title] which are attributable to the funds realized from the sale of notes specified in the preceding sentence shall be transferred to the general fund of the Treasury. The Secretary of the Treasury shall cancel all such notes and sums owing and unpaid thereon, including interest to date of cancellation.”
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# 22 U.S.C. § 2182 - Authorization for worldwide shelter guarantees
## Text
(a) Authorization to issue guarantees to eligible investors To carry out the policy of section 2181 of this title, the President is authorized to issue guaranties to eligible investors (as defined in section 2198(c) 11 See References in Text note below. of this title) assuring against losses incurred in connection with loans made for projects meeting the criteria set forth in section 2181 of this title. The total principal amount of guaranties issued under this subpart or heretofore issued under prior housing guaranty authorities, which are outstanding at any one time, shall not exceed $2,558,000,000. The authority of this section shall continue through September 30, 1992. The President may issue regulations from time to time with regard to the terms and conditions upon which such guaranties shall be issued and the eligibility of lenders.
(b) Emphasis on certain activities Activities carried out under this section shall emphasize—
(1) projects which provide improved home sites to poor families on which to build shelter, and related services;
(2) projects comprised of expandable core shelter units on serviced sites;
(3) slum upgrading projects designed to conserve and improve existing shelter;
(4) shelter projects for low-income people designed for demonstration or institution building purposes; and
(5) community facilities and services in support of projects authorized under this section to improve the shelter occupied by the poor.
(c) Use of solar energy technology In issuing guaranties under this section with respect to projects in a country which require the use or conservation of energy, the President shall give consideration to the use of solar energy technologies, where such technologies are economically and technically feasible. Technologies which may be used include solar hot water systems, solar heating and cooling, passive solar heating, biomass conversion, photovoltaic and wind applications, and community-scale solar thermal applications.
(k) 22 So in original. No subsecs. (d) to (j) have been enacted. Minimum annual program levels The total principal amount of guaranties issued under this section for each of the fiscal years 1986 and 1987 shall be comparable to the total principal amount of such guaranties issued for fiscal year 1984, subject to the dollar limitations on the issuance of guaranties under this section which are contained in subsection (a) and in appropriation Acts.
(Pub. L. 87–195, pt. I, § 222, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807; amended Pub. L. 94–161, title III, § 311(4), Dec. 20, 1975, 89 Stat. 861; Pub. L. 95–88, title I, § 117(a)(2), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95–424, title I, § 115(a), Oct. 6, 1978, 92 Stat. 950; Pub. L. 96–53, title I, § 112(a), Aug. 14, 1979, 93 Stat. 363; Pub. L. 97–113, title III, § 310(a), Dec. 29, 1981, 95 Stat. 1535; Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title III, § 313(a)–(c), Aug. 8, 1985, 99 Stat. 216, 217; Pub. L. 100–202, § 101(e) [title II, § 201], Dec. 22, 1987, 101 Stat. 1329–131, 1329–142; Pub. L. 101–167, title II, Nov. 21, 1989, 103 Stat. 1205; Pub. L. 101–302, title II, May 25, 1990, 104 Stat. 224; Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1989.)
## Notes
Editorial Notes
References in TextSection 2198(c) of this title, referred to in subsec. (a), was repealed by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513.
Codification Amendment by Pub. L. 98–473 is based on section 311(b) of H.R. 5119, Ninety-eighth Congress, as passed by the House of Representatives May 10, 1984, which was enacted into permanent law by Pub. L. 98–473.
Prior ProvisionsA prior section 222 of Pub. L. 87–195, pt. I, Sept. 4, 1961, 75 Stat. 430, as amended by Pub. L. 87–565, pt. I, § 104(b), Aug. 1, 1962, 76 Stat. 257; Pub. L. 88–205, pt. I, § 104(b)–(f), Dec. 16, 1963, 77 Stat. 381, 382; Pub. L. 89–171, pt. I, § 104(c), Sept. 6, 1965, 79 Stat. 654; Pub. L. 89–583, pt. I, § 104(b), Sept. 19, 1966, 80 Stat. 798; Pub. L. 90–137, pt. I, § 104(b), Nov. 14, 1967, 81 Stat. 451, contained general provisions concerning foreign investment guaranties, prior to the general reorganization of this subpart by Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807.
Amendments1990—Subsec. (a). Pub. L. 101–513 substituted “1992” for “1991”. Pub. L. 101–302 substituted “$2,558,000,000” for “$2,158,000,000”. 1989—Subsec. (a). Pub. L. 101–167 substituted “1991” for “1990”. 1987—Subsec. (a). Pub. L. 100–202 substituted “1990” for “1988”. 1985—Subsec. (a). Pub. L. 99–83, § 313(a), (b), substituted “$2,158,000,000” for “$1,958,000,000” and “1988” for “1986”. Subsec. (k). Pub. L. 99–83, § 313(c), added subsec. (k). 1984—Subsec. (a). Pub. L. 98–473 substituted “$1,958,000,000” for “$1,718,000,000” and “1986” for “1984”. 1981—Subsec. (a). Pub. L. 97–113 increased limitation on total principal amount of outstanding guarantees to $1,718,000,000 from $1,555,000,000 and extended termination date for exercise of guarantee authority to Sept. 30, 1984, from Sept. 30, 1982. 1979—Subsec. (a). Pub. L. 96–53 substituted “$1,555,000,000” for “$1,180,000,000”, and “through September 30, 1982” for “until September 30, 1980”. 1978—Pub. L. 95–424 amended section generally to provide a new consolidated section which provides a single authorization for the worldwide housing guarantee program, a new list of the types of programs to be emphasized, increased the worldwide authorization to $1,180,000,000, and encourages officials and governments in developing countries to consider the use of solar energy in housing projects. 1977—Subsec. (c). Pub. L. 95–88 inserted “or under section 2181 of this title” after “Latin American housing guaranty authority repealed by the Foreign Assistance Act of 1969” and substituted “$1,030,000,000” for “$600,000,000”. 1975—Subsec. (c). Pub. L. 94–161 substituted “$600,000,000” for “$550,000,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2182a - Agricultural and productive credit and self-help community development programs
## Text
(a) Financing pilot programs; scope It is the sense of the Congress that in order to stimulate the participation of the private sector in the economic development of less-developed countries, the authority conferred by this section should be used to establish pilot programs to encourage private banks, credit institutions, similar private lending organizations, cooperatives, and private nonprofit development organizations to make loans on reasonable terms to organized groups and individuals residing in a community for the purpose of enabling such groups and individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. Agricultural credit and assistance for self-help community development projects should include, but not be limited to, material and such projects as wells, pumps, farm machinery, improved seed, fertilizer, pesticides, vocational training, food industry development, nutrition projects, improved breeding stock for farm animals, sanitation facilities, and looms and other handicraft aids.
(b) Guaranties; percentage limitation To carry out the purposes of subsection (a), the agency primarily responsible for administering subchapter I of this chapter is authorized to issue guaranties, on such terms and conditions as it shall determine, to private lending institutions, cooperatives, and private nonprofit development organizations assuring against loss of not to exceed 50 per centum of the portfolio of such loans made by any lender to organized groups or individuals residing in a community to enable such groups or individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. In no event shall the liability of the United States exceed 75 per centum of any one loan.
(c) Total and individual amount of guaranties The total face amount of guaranties issued under this section outstanding at any one time shall not exceed $20,000,000. Not more than 10 per centum of such sum shall be provided for any one institution, cooperative, or organization.
(d) Inter-American Foundation consultations The Inter-American Foundation shall be consulted in developing criteria for making loans eligible for guaranty coverage in Latin America under this section.
(e) Guaranty reserve Not to exceed $3,000,000 of the guaranty reserve established under section 2183(b) of this title shall be available to make such payments as may be necessary to discharge liabilities under guaranties issued under this section or any guaranties previously issued under section 2200 11 See References in Text note below. of this title.
(f) Administrative and operating expenses; funds Funds held by the Overseas Private Investment Corporation pursuant to section 2196 1 of this title may be available for meeting necessary administrative and operating expenses for carrying out the provisions of this section through June 30, 1976.
(g) Transfer of Overseas Private Investment Corporation’s obligations and assets The Overseas Private Investment Corporation shall, upon enactment of this subsection, transfer to the agency primarily responsible for administering subchapter I of this chapter all obligations, assets, and related rights and responsibilities arising out of, or related to the predecessor program provided for in section 2200 1 of this title.
(h) Termination of authority The authority of this section shall continue through September 30, 1988.
(i) Excess foreign currencies; use Notwithstanding the limitation in subsection (c) of this section, foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States may be utilized to carry out the purposes of this section, including the discharge of liabilities under this subsection. The authority conferred by this subsection shall be in addition to authority conferred by any other provision of law to implement guaranty programs utilizing excess local currency.
(Pub. L. 87–195, pt. I, § 222A, as added Pub. L. 93–559, § 8(a)(2), Dec. 30, 1974, 88 Stat. 1796; amended Pub. L. 95–88, title I, § 117(b)(1), Aug. 3, 1977, 91 Stat. 540; Pub. L. 95–424, title I, § 115(b), title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 951, 959; Pub. L. 96–53, title I, § 112(b), Aug. 14, 1979, 93 Stat. 364; Pub. L. 97–438, Jan. 8, 1983, 96 Stat. 2286; Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title III, § 313(d), Aug. 8, 1985, 99 Stat. 217; Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 586(h)(3)], Nov. 29, 1999, 113 Stat. 1535, 1501A–120.)
## Notes
Editorial Notes
References in TextSection 2200 of this title, referred to in subsecs. (e) and (g), was in the original a reference to section 240 of this Act, meaning section 240 of Pub. L. 87–195, as added by section 105 of Pub. L. 91–175, which was repealed by section 8(b) of Pub. L. 93–559, and was replaced by this section. Another section 240 of Pub. L. 87–195, as added by section 9 of Pub. L. 95–268, was enacted Apr. 24, 1978, and was classified to section 2200 of this title, prior to repeal by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513. Section 2196 of this title, referred to in subsec. (f), was repealed by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513.
Codification Amendment by Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 586(h)(3)], Nov. 29, 1999, 113 Stat. 1535, 1501A–120, directing repeal of subsec. (d) of this section did not become effective pursuant to section 1000(a)(2) [title V, § 586] of div. B of Pub. L. 106–113, formerly set out as an Abolition of the Inter-American Foundation note under section 290f of this title. Amendment by Pub. L. 98–473 is based on section 312 of H.R. 5119, Ninety-eighth Congress, as passed by the House of Representatives May 10, 1984, which was enacted into permanent law by Pub. L. 98–473.
Amendments1985—Subsec. (h). Pub. L. 99–83 substituted “1988” for “1986”. 1984—Subsec. (a). Pub. L. 98–473 struck out “in Latin America,” after “economic development of less-developed countries” and “in not more than six Latin American countries” after “establish pilot programs”. Subsec. (b). Pub. L. 98–473 struck out “in not more than five Latin American countries” after “nonprofit development organizations”. Subsec. (h). Pub. L. 98–473 substituted “1986” for “1983”. 1983—Subsec. (h). Pub. L. 97–438 substituted “1983” for “1982”. 1979—Subsec. (a). Pub. L. 96–53, § 112(b)(1), substituted “six” for “five”. Subsec. (c). Pub. L. 96–53, § 112(b)(2), substituted “$20,000,000” for “$15,000,000”. Subsec. (h). Pub. L. 96–53, § 112(b)(3), substituted “through September 30, 1982” for “until September 30, 1979”. 1978—Subsec. (h). Pub. L. 95–424, § 115(b), substituted “September 30, 1979” for “September 30, 1978”. Subsec. (j). Pub. L. 95–424, § 502(d)(1), struck out subsec. (j) relating to a Presidential report to Congress on the results of the program established under this section. 1977—Subsec. (h). Pub. L. 95–88 substituted “September 30, 1978” for “December 31, 1977”.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Overseas Private Investment Corporation and of non-Development Credit Authority guaranty programs of the United States Agency for International Development to the United States International Development Finance Corporation and treatment of related references, see sections 9683 and 9686(d) of this title.
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# 22 U.S.C. § 2184 - Trade credit insurance program for Central America
## Text
(a) Guarantees to Export-Import Bank; financial transactions with private sector in Central American countries In order to enable the Export-Import Bank of the United States (hereafter in this section referred to as the “Bank”) to determine that there exists reasonable assurance of repayment as required under section 2(b)(1)(B) of the Export-Import Bank Act of 1945 [12 U.S.C. 635(b)(1)(B)], the agency primarily responsible for administering subchapter I of this chapter (hereafter in this section referred to as the “Agency”) is authorized to provide guarantees to the Bank for liabilities to be incurred by the Bank in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] for financing for transactions involving the export of goods and services for the use of the private sector in Central American countries.
(b) Extent of guarantees; agreements; reserve fund (1) Guarantees provided by the Agency pursuant to the authority of subsection (a) 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) Deadline for guarantee commitments The Agency shall not enter into any commitments to guarantee under subsection (a) after September 30, 1991.
(d) Availability of appropriated funds Of the funds authorized to be appropriated for part IV of subchapter II of this chapter, there are authorized to be made available such sums as may be deemed necessary by the Agency to discharge liabilities under guarantees entered into under subsection (a).
(e) Guarantee commitments limit 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) Credits to reserve fund 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) Omitted
(h) Administrative and technical assistance The Export-Import Bank shall provide without reimbursement such administrative and technical assistance to the Agency as the Bank and the Agency deem appropriate to assist the Agency in carrying out this section.
(Pub. L. 87–195, pt. I, § 224, as added Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; amended Pub. L. 99–83, title III, § 314, Aug. 8, 1985, 99 Stat. 217; Pub. L. 101–167, title IV, Nov. 21, 1989, 103 Stat. 1216; Pub. L. 101–179, title III, § 304(b), Nov. 28, 1989, 103 Stat. 1313; Pub. L. 101–513, title IV, Nov. 5, 1990, 104 Stat. 2001.)
## Notes
Editorial Notes
References in TextThe Export-Import Bank Act of 1945, referred to in subsec. (a), is act July 31, 1945, ch. 341, 59 Stat. 526, which is classified generally to subchapter I (§ 635 et seq.) of chapter 6A of Title 12, Banks and Banking. For complete classification of the Act to the Code, see Short Title note set out under section 635 of Title 12 and Tables.
Codification Subsec. (g) of this section, which required, at intervals of six months, the administrator of the agency primarily responsible for administering subchapter I of this chapter and the President of the Export-Import Bank of the United States to prepare and transmit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report on the amount and extension of credits during the preceding six-month period, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 148 of House Document No. 103–7. Section 224 of Pub. L. 87–195 is based on section 1011 of title X of H.R. 5119, Ninety-eighth Congress, as passed by the House of Representatives May 10, 1984, and enacted into law by Pub. L. 98–473.
Prior ProvisionsA prior section 224 of Pub. L. 87–195, pt. I, Sept. 4, 1961, 75 Stat. 432, as amended by Pub. L. 87–565, pt. I, § 104(c), Aug. 1, 1962, 76 Stat. 257; Pub. L. 88–205, pt. I, § 104(g), Dec. 16, 1963, 77 Stat. 382; Pub. L. 88–633, pt. I, § 103(b), Oct. 7, 1964, 78 Stat. 1010; Pub. L. 89–171, pt. I, § 104(e), Sept. 6, 1965, 79 Stat. 655; Pub. L. 89–583, pt. I, § 104(c), Sept. 19, 1966, 80 Stat. 798; Pub. L. 90–137, pt. I, § 104(d), Nov. 14, 1967, 81 Stat. 451; Pub. L. 90–554, pt. I, § 104, Oct. 8, 1968, 82 Stat. 961, related to housing projects in Latin America, prior to the general reorganization of this subpart by Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807. See section 2182 of this title.
Amendments1990—Subsec. (c). Pub. L. 101–513 substituted “1991” for “1990”. 1989—Pub. L. 101–179 inserted “for Central America” after “program” in section catchline. Subsec. (c). Pub. L. 101–167 substituted “1990” for “1989”. 1985—Subsec. (e). Pub. L. 99–83 substituted “except that the aggregate amount of outstanding commitments under subsection (a) may not exceed $300,000,000 of contingent liability for loan principal during fiscal year 1986 and may not exceed $400,000,000 of contingent liability for loan principal during fiscal year 1987” for “not to exceed $300,000,000 in the fiscal year 1985”.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
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# 22 U.S.C. § 2185 - Trade credit insurance program for Poland
## Text
(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 11 So in original. Probably should be “has”. reasonable assurance of repayment.
(2) Liabilities which may be guaranteed The liabilities that may be guaranteed under paragraph (1) are liabilities incurred by the Bank in connection with guarantees or insurance provided under the Export-Import Bank Act of 1945 [12 U.S.C. 635 et seq.] for financing for transactions involving the export of goods and services for the use of the private sector in Poland.
(b) Guarantees available only for short-term guarantees and insurance Guarantees provided under subsection (a) 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 part IV of subchapter II of this chapter (relating to the economic support fund) as the President determines are necessary may be made available to discharge liabilities under guarantees entered into under subsection (a).
(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) Omitted
(i) Administrative and technical assistance The Bank shall provide, without reimbursement, such administrative and technical assistance to the administering agency as the Bank and the Administrator determine appropriate to assist the administering agency in carrying out this section.
(j) Fees and premiums The Bank is authorized to charge fees and premiums, in connection with guarantees or insurance guaranteed by the administering agency under subsection (a), 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.
(Pub. L. 87–195, pt. I, § 225, as added Pub. L. 101–179, title III, § 304(a), Nov. 28, 1989, 103 Stat. 1312.)
## Notes
Editorial Notes
References in TextThe Export-Import Bank Act of 1945, referred to in subsec. (a)(2), is act July 31, 1945, ch. 341, 59 Stat. 526, which is classified generally to subchapter I (§ 635 et seq.) of chapter 6A of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 635 of Title 12 and Tables.
Codification Subsec. (h) of this section, which required the Administrator and the President of the Bank, every 6 months, to prepare and transmit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report on the amount and extension of guarantees and insurance provided by the Bank and guaranteed under this section during the preceding 6-month period, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 148 of House Document No. 103–7.
Statutory Notes and Related Subsidiaries
Conforming ReferencePub. L. 101–179, title III, § 304(c), Nov. 28, 1989, 103 Stat. 1314, provided that: “With respect to Poland, any reference in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 [Pub. L. 101–167, Nov. 21, 1989, 103 Stat. 1195], to section 224 of the Foreign Assistance Act of 1961 [22 U.S.C. 2184] shall be deemed to be a reference to section 225 of that Act [22 U.S.C. 2185] (as enacted by this section).”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2186 - Loan guarantees to Israel program
## Text
(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 [2 U.S.C. 661 et seq.]. This shall also include an amount for the administrative expenses of the Agency for International Development in administering the program under this section. All such fees shall be paid by the Government of Israel to the Government of the United States. Funds made available for Israel under part 4 of subchapter II of this chapter, may be utilized by the Government of Israel to pay such fees to the United States Government. No further appropriations of subsidy cost are needed for the loan guarantee authorized hereunder for fiscal year 1993 and the four succeeding fiscal years.
(2) The origination fee shall be payable to the United States Government on a pro rata basis as each guarantee for each loan or increment is issued.
(f) Authority to suspend Except as provided in subsections (l) and (m) of this section, the President shall determine the terms and conditions for issuing guarantees. If the President determines that these terms and conditions have been breached, the President may suspend or terminate the provision of all or part of the additional loan guarantees not yet issued under this section. Upon making such a determination to suspend or terminate the provision of loan guarantees, the President shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate his determination to do so, including the basis for such suspension or termination.
(g) Procedures for suspension or termination Any suspension or termination pursuant to subsection (f) 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 certain sections Section 2183 of this title shall apply to guarantees issued under subsection (a) in the same manner as such section applies to guarantees issued under section 2182 of this title, except that subsections (a), (e)(1), (g), and (j) of section 2183 of this title shall not apply to such guarantees and except that, to the extent section 2183 of this title is inconsistent with the Federal Credit Reform Act of 1990 [2 U.S.C. 661 et seq.], that Act shall apply. Loans shall be guaranteed under this section without regard to sections 2181, 2182, and 2198(c) 11 See References in Text note below. of this title. Notwithstanding section 2183(f) of this title, the interest rate for loans guaranteed under this section may include a reasonable fee to cover the costs and fees incurred by the borrower in connection with this program or financing under this section in the event the borrower elects not to finance such costs or fees out of loan principal. Guarantees once issued hereunder shall be unconditional and fully and freely transferable.
(m) Terms and conditions (1) Each loan guarantee issued under this section shall guarantee 100 percent of the principal and interest payable on such loans.
(2) The standard terms of any loan or increment guaranteed under this section shall be 30 years with semiannual payments of interest only over the first 10 years, and with semiannual payments of principal and interest on a level payment basis, over the last 20 years thereof, except that the guaranteed loan or any increments issued in a single transaction may include obligations having different maturities, interest rates, and payment terms if the aggregate scheduled debt service for all obligations issued in a single transaction equals the debt service for a single loan or increment of like amount having the standard terms described in this sentence. The guarantor shall not have the right to accelerate any guaranteed loan or increment or to pay any amounts in respect of the guarantees issued other than in accordance with the original payment terms of the loan. For purposes of determining the maximum principal amount of any loan or increment to be guaranteed under this section, the principal amount of each such loan or increment shall be—
(A) in the case of any loan issued on a discount basis, the original issue price (excluding any transaction costs) thereof; or
(B) in the case of any loan issue 22 So in original. Probably should be “issued”. on an interest-bearing basis, the stated principal amount thereof.
(Pub. L. 87–195, pt. I, § 226, as added Pub. L. 102–391, title VI, § 601, Oct. 6, 1992, 106 Stat. 1699.)
## Notes
Editorial Notes
References in TextThe Federal Credit Reform Act of 1990, referred to in subsecs. (e)(1) and (l), is title V of Pub. L. 93–344 as added by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables. Section 601(b) of the International Security Assistance and Arms Export Control Act of 1976, referred to in subsec. (g)(3), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code. Section 2198(c) of this title, referred to in subsec. (l), was repealed by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2191 to 2194 - Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513
## Notes
Section 2191, Pub. L. 87–195, pt. I, § 231, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 809; amended Pub. L. 93–390, § 2(1), Aug. 27, 1974, 88 Stat. 763; Pub. L. 95–268, § 2, Apr. 24, 1978, 92 Stat. 213; Pub. L. 97–65, § 2, Oct. 16, 1981, 95 Stat. 1021; Pub. L. 99–204, §§ 3, 4(a), Dec. 23, 1985, 99 Stat. 1669; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 102–549, title I, § 101, Oct. 28, 1992, 106 Stat. 3651; Pub. L. 103–392, title I, § 105, Oct. 22, 1994, 108 Stat. 4099, related to congressional statement of purpose and the creation and functions of Overseas Private Investment Corporation.
Section 2191a, Pub. L. 87–195, pt. I, § 231A, as added Pub. L. 99–204, § 5(a), Dec. 23, 1985, 99 Stat. 1670; amended Pub. L. 100–418, title II, § 2203(c), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 102–549, title I, § 102(a), Oct. 28, 1992, 106 Stat. 3651; Pub. L. 104–188, title I, § 1954(b)(3), Aug. 20, 1996, 110 Stat. 1928; Pub. L. 106–158, § 3(a), Dec. 9, 1999, 113 Stat. 1745, related to additional requirements.
Section 2191b, Pub. L. 111–117, div. F, title VII, § 7079(b), Dec. 16, 2009, 123 Stat. 3396, related to worker rights and human rights guidelines.
Section 2192, Pub. L. 87–195, pt. I, § 232, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 810, related to capital of the Corporation.
Section 2193, Pub. L. 87–195, pt. I, § 233, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 810; amended Pub. L. 97–65, § 3(a), (b), Oct. 16, 1981, 95 Stat. 1021, 1022; Pub. L. 106–158, § 4, Dec. 9, 1999, 113 Stat. 1746; Pub. L. 106–200, title I, § 123(c)(1), May 18, 2000, 114 Stat. 269; Pub. L. 108–158, § 3(e), Dec. 3, 2003, 117 Stat. 1950, related to organization and management of the Corporation.
Section 2194, Pub. L. 87–195, pt. I, § 234, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 811; amended 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub. L. 93–390, § 2(2), Aug. 27, 1974, 88 Stat. 764; Pub. L. 95–268, § 3, Apr. 24, 1978, 92 Stat. 214; Pub. L. 97–65, § 4, Oct. 16, 1981, 95 Stat. 1022; Pub. L. 99–204, §§ 6(a), 7, 8, Dec. 23, 1985, 99 Stat. 1671, 1672; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 101–218, § 8(c), Dec. 11, 1989, 103 Stat. 1868; Pub. L. 102–549, title I, § 103, Oct. 28, 1992, 106 Stat. 3651; Pub. L. 106–31, title VI, § 6001, May 21, 1999, 113 Stat. 112; Pub. L. 108–158, §§ 4(a), 5(a), Dec. 3, 2003, 117 Stat. 1950, related to investment insurance and other programs.
Editorial Notes
Prior ProvisionsA prior section 231 of Pub. L. 87–195, pt. 1, Sept. 4, 1961, 75 Stat. 432, related to general authority of President to participate in financing of surveys of investment opportunities in less developed friendly countries, prior to the general reorganization of this subpart by Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807. A prior section 232 of Pub. L. 87–195, pt. I, Sept. 4, 1961, 75 Stat. 432 as amended by Pub. L. 87–565, pt. I, § 105, Aug. 1, 1962, 76 Stat. 257; Pub. L. 88–633, pt. I, § 104, Oct. 7, 1964, 78 Stat. 1010; Pub. L. 90–137, pt. I, § 105, Nov. 14, 1967, 81 Stat. 451, authorized appropriations for surveys of investment opportunities, prior to the general reorganization of this subpart by Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807. A prior section 233 of Pub. L. 87–195, pt. I, Sept. 4, 1961, 75 Stat. 432, contained definitions, prior to the general reorganization of this subpart by Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 807.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective at the end of the transition period, as defined in section 9681 of this title, see section 9684 of this title.
Appropriation of Moneys in Advance as Requisite to Purchases, Investments, or Other Acquisitions of Equity by Fund Created Under Pilot Equity Finance ProgramPub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36, provided in part: “That purchases, investments or other acquisitions of equity by the fund created by section 104 of H.R. 5263 as hereby enacted [former 22 U.S.C. 2194(g)(5)] are limited to such amounts as may be provided in advance in appropriations Acts” , and further provided “That purchases, investments or other acquisitions of equity by the fund created by section 104 of S. 2757 as hereby enacted [former 22 U.S.C. 2194(g)(5)] are limited to such amounts as may be provided in advance in appropriations Acts”.
Overseas Private Investment Corporation; Reaffirmation of SupportPub. L. 100–418, title II, § 2203(a), Aug. 23, 1988, 102 Stat. 1328, provided that Congress reaffirmed its support for the former Overseas Private Investment Corporation as a United States Government agency serving important development assistance goals.
Executive Documents
Ex. Ord. No. 11579. Overseas Private Investment Corporation Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, provided: By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (75 Stat. 424), as amended (hereinafter the “Act”) [section 2151 et seq. of this title] and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. Transfer to Overseas Private Investment Corporation. All obligations, assets and related rights and responsibilities arising out of, or related to, predecessor programs and authorities similar to those provided for in sections 234(a), (b) and (d) of the Act [former section 2194(a), (b) and (d) of this title] are hereby transferred to the Overseas Private Investment Corporation (hereinafter the “Corporation”). Sec. 2. Delegation of functions. (a) [Revoked by Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673.] (b) The function of prescribing regulations relating to the reinstatement or restoration of officers and employees of the Corporation to other government positions, when their appointment to a position in the Corporation was made from another government position and their separation from the Corporation was not made for cause, is hereby delegated to the Office of Personnel Management. Sec. 3. Allocation and transfer of funds. Funds made available under section 232 of the Act (repealed by section 105 of the Foreign Assistance Act of 1969) [former section 2192 of this title] which are obligated but unexpended are hereby transferred to the Corporation. Sec. 4. General provisions. (a) As used in this order, the words “function” or “functions” include any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity. (b) The Corporation shall be deemed to be the successor of the Agency for International Development and the Administrator thereof, with respect to all functions vested in the Corporation pursuant to law. (c) Except to the extent that they may be inconsistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, or entered into with respect to any function affected by this order and not revoked, superseded or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by appropriate authority. (d) Executive Order No. 10973 of November 3, 1961, as amended [formerly set out as a note under section 2381 of this title], is hereby superseded insofar as any provision therein is in conflict with any provision herein. (e) The provisions of this order shall become effective upon adoption by the Board of Directors of bylaws for the Corporation. [For transfer of functions, personnel, assets, and liabilities of the Overseas Private Investment Corporation to the United States International Development Finance Corporation and treatment of related references, see sections 9683 and 9686(d) of this title.]
legal/us/code/title-22/chapter-32/section-2194a.md
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# 22 U.S.C. § 2194a - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 97–65, § 5(b)(2), Oct. 16, 1981, 95 Stat. 1023, which related to contract authority of the Overseas Private Investment Corporation, was omitted from the Code as obsolete pursuant to the termination of the Corporation by section 9684 of this title.
legal/us/code/title-22/chapter-32/section-2194b-to-2196.md
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# 22 U.S.C. § 2194b to 2196 - Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513
## Notes
Section 2194b, Pub. L. 87–195, pt. I, § 234A, as added Pub. L. 99–204, § 9(a), Dec. 23, 1985, 99 Stat. 1672; amended Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 117–286, § 4(a)(166), Dec. 27, 2022, 136 Stat. 4324, related to enhancing private political risk insurance industry.
Section 2195, Pub. L. 87–195, pt. I, § 235, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 813; amended Pub. L. 93–189, § 6(1), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93–390, § 2(3), Aug. 27, 1974, 88 Stat. 766; Pub. L. 95–268, § 4, Apr. 24, 1978, 92 Stat. 214; Pub. L. 97–65, § 5(a), (b)(1), (c), Oct. 16, 1981, 95 Stat. 1022, 1023; Pub. L. 99–204, §§ 9(b)(1), 10, 17(b), Dec. 23, 1985, 99 Stat. 1673, 1676; Pub. L. 100–418, title II, § 2203(b), Aug. 23, 1988, 102 Stat. 1328; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 102–549, title I, § 104, Oct. 28, 1992, 106 Stat. 3652; Pub. L. 103–392, title I, §§ 101–104, Oct. 22, 1994, 108 Stat. 4098; Pub. L. 104–208, div. A, title I, § 101(c) [title I], Sept. 30, 1996, 110 Stat. 3009–121, 3009–123; Pub. L. 105–118, title V, § 581, Nov. 26, 1997, 111 Stat. 2435; Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 599E], Nov. 29, 1999, 113 Stat. 1535, 1501A–132; Pub. L. 106–158, § 2, Dec. 9, 1999, 113 Stat. 1745; Pub. L. 108–158, §§ 2, 3(a)–(d), Dec. 3, 2003, 117 Stat. 1949, related to issuing authority, direct investment authority and reserves.
Section 2196, Pub. L. 87–195, pt. I, § 236, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 814, related to income and revenues.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective at the end of the transition period, as defined in section 9681 of this title, see section 9684 of this title.
legal/us/code/title-22/chapter-32/section-2197.md
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# 22 U.S.C. § 2197 - General provisions relating to insurance, guaranty, financing, and reinsurance programs
## Text
(a) to (f). Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513
(g) Fraud or misrepresentation No payment may be made under any guaranty, insurance, or reinsurance issued pursuant to this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(h) to (k) Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513
(l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support (1) No payment may be made under any insurance or reinsurance which is issued under this subpart on or after April 24, 1978, for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this subpart, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977.
(2) Not later than 120 days after April 24, 1978, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this subpart.
(m) Notification of countries of environmental restrictions on certain activities (1) Before finally providing insurance, reinsurance, guarantees, or financing under this subpart for any environmentally sensitive investment in connection with a project in a country, the Corporation shall notify appropriate government officials of that country of—
(A) all guidelines and other standards adopted by the International Bank for Reconstruction and Development and any other international organization relating to the public health or safety or the environment which are applicable to the project; and
(B) to the maximum extent practicable, any restriction under any law of the United States relating to public health or safety or the environment that would apply to the project if the project were undertaken in the United States.
The notification under the preceding sentence shall include a summary of the guidelines, standards, and restrictions referred to in subparagraphs (A) and (B), and may include any environmental impact statement, assessment, review, or study prepared with respect to the investment pursuant to section 2199(g) 11 See References in Text note below. of this title.
(2) Before finally providing insurance, reinsurance, guarantees, or financing for any investment subject to paragraph (1), the Corporation shall take into account any comments it receives on the project involved.
(3) On or before September 30, 1986, the Corporation shall notify appropriate government officials of a country of the guidelines, standards, and legal restrictions described in paragraph (1) that apply to any project in that country—
(A) which the Corporation identifies as potentially posing major hazards to public health and safety or the environment; and
(B) for which the Corporation provided insurance, reinsurance, guarantees, or financing under this subpart before December 23, 1985, and which is in the Corporation’s portfolio on that date.
(n) Penalties for fraud Whoever knowingly makes any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way the action of the Corporation with respect to any insurance, reinsurance, guarantee, loan, equity investment, or other activity of the Corporation under section 2194 1 of this title or any change or extension of any such insurance, reinsurance, guarantee, loan, equity investment, or activity, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
(Pub. L. 87–195, pt. I, § 237, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 814; amended Pub. L. 93–390, § 2(4), Aug. 27, 1974, 88 Stat. 767; Pub. L. 95–268, §§ 5, 6, Apr. 24, 1978, 92 Stat. 215; Pub. L. 97–65, § 6, Oct. 16, 1981, 95 Stat. 1023; Pub. L. 99–204, §§ 4(b), 6(b), 9(b)(2), Dec. 23, 1985, 99 Stat. 1670, 1671, 1673; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 102–549, title I, § 105, Oct. 28, 1992, 106 Stat. 3652; Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513.)
## Notes
Editorial Notes
References in TextThe Foreign Corrupt Practices Act of 1977, referred to in subsec. (l), is title I of Pub. L. 95–213, Dec. 19, 1977, 91 Stat. 1494, which enacted sections 78dd–1 to 78dd–3 of Title 15, Commerce and Trade, and amended sections 78m and 78ff of Title 15. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out under section 78a of Title 15 and Tables. Section 2199(g) of this title, referred to in subsec. (m)(1), was repealed by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513. Section 2194 of this title, referred to in subsec. (n), was repealed by Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513.
Codification Amendment by Pub. L. 100–461 is based on section 110(c) of title I of H.R. 5263, One Hundredth Congress, as passed by the House of Representatives on Sept. 20, 1988, and section 110(c) of title I of S. 2757, One Hundredth Congress, as reported Sept. 7, 1988, and enacted into law by Pub. L. 100–461.
Amendments2018—Subsecs. (a) to (f), (h) to (k), (o). Pub. L. 115–254 repealed subsecs. (a) to (f), (h) to (k), and (o) which related to scope, protection of interest, guaranties as obligations backed by full faith and credit of United States, fees, maximum term of obligation, limitations on amounts, limits of obligation, claims settlement, presumption of compliance, balance of payments, and use of local currencies, respectively. 1992—Subsec. (d). Pub. L. 102–549, § 105(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Fees shall be charged for insurance, guaranty, and reinsurance coverage in amounts to be determined by the Corporation. In the event fees charged for investment insurance, guaranties, or reinsurance are reduced, fees to be paid under existing contracts for the same type of insurance, guaranties, or reinsurance and for similar guaranties issued under predecessor guaranty authority may be reduced.” Subsecs. (n), (o). Pub. L. 102–549, § 105(b), (c), added subsecs. (n) and (o). 1988—Pub. L. 100–461 inserted reference to financing in section catchline. 1985—Subsec. (f). Pub. L. 99–204, § 6(b), added cl. (3). Pub. L. 99–204, § 9(b)(2), inserted “or 2194b” after “section 2194”. Subsec. (m). Pub. L. 99–204, § 4(b), added subsec. (m). 1981—Subsec. (f). Pub. L. 97–65 substituted “Compensation for insurance, reinsurance, or guaranties issued under this subpart shall not exceed the dollar value, as of the date of the investment, of the investment made in the project with the approval of the Corporation plus interest, earnings, or profits actually accrued on such investment to the extent provided by such insurance, reinsurance, or guaranty, except that the Corporation may provide that (1) appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets, and (2) compensation for a claim of loss under insurance of an equity investment may be computed on the basis of the net book value attributable to such equity investment on the date of loss” for “No insurance, reinsurance, or guaranty issued under this subpart shall exceed the dollar value, as of the date of the investment, of the investment made in the project with the approval of the Corporation plus interest, earnings or profits actually accrued on said investment to the extent provided by such insurance, reinsurance, or guaranty, except that the Corporation may provide for appropriate adjustments in the insured dollar value to reflect the replacement cost of project assets”, and struck out provision that the preceding sentence not apply to the extent not permitted by State law. 1978—Subsec. (f). Pub. L. 95–268, § 5, inserted provisions excepting from dollar amounts adjustments in the insured dollar amounts to reflect replacement cost of project assets, and provisions excepting from limitations loans by banks or other financial institutions to unrelated parties. Subsec. (l). Pub. L. 95–268, § 6, added subsec. (l). 1974—Subsecs. (a) to (c). Pub. L. 93–390, § 2(4)(A)–(C), inserted references to reinsurance wherever appearing. Subsec. (d). Pub. L. 93–390, § 2(4)(D), inserted provisions authorizing fees to be charged for reinsurance and reduction of reinsurance fees under existing contracts in the event fees charged for reinsurance are reduced. Subsec. (e). Pub. L. 93–390, § 2(4)(E), inserted reference to reinsurance. Subsec. (f). Pub. L. 93–390, § 2(4)(F), (G), inserted “reinsurance” before “or guaranty” wherever appearing and provisions relating to limitations on the amount of direct insurance or reinsurance. Subsec. (g). Pub. L. 93–390, § 2(4)(H), inserted applicability to insurance and reinsurance. Subsecs. (h) to (k). Pub. L. 93–390, § 2(4)(I)–(K), inserted reference to reinsurance wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 9684 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2198 to 2200b - Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513
## Notes
Section 2198, Pub. L. 87–195, pt. I, § 238, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 815; amended Pub. L. 92–226, pt. I, § 104(a), Feb. 7, 1972, 86 Stat. 22; Pub. L. 97–65, § 7, Oct. 16, 1981, 95 Stat. 1024; Pub. L. 99–204, § 17(a), Dec. 23, 1985, 99 Stat. 1676; Pub. L. 102–549, title I, § 106, Oct. 28, 1992, 106 Stat. 3653; Pub. L. 108–158, §§ 4(b), 5(b), Dec. 3, 2003, 117 Stat. 1950, defined terms as used in this subpart.
Section 2199, Pub. L. 87–195, pt. I, § 239, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 816; amended Pub. L. 92–226, pt. I, § 104(b), Feb. 7, 1972, 86 Stat. 22; Pub. L. 92–310, title II, § 227(d), June 6, 1972, 86 Stat. 207; Pub. L. 93–390, § 2(5), Aug. 27, 1974, 88 Stat. 768; Pub. L. 95–268, §§ 7, 8, Apr. 24, 1978, 92 Stat. 215, 216; Pub. L. 95–598, title III, § 318, Nov. 6, 1978, 92 Stat. 2678; Pub. L. 96–327, Aug. 8, 1980, 94 Stat. 1026; Pub. L. 97–65, § 8, Oct. 16, 1981, 95 Stat. 1024; Pub. L. 97–113, title VII, § 705(b)(2), Dec. 29, 1981, 95 Stat. 1545; Pub. L. 99–204, §§ 4(c), 11–13, Dec. 23, 1985, 99 Stat. 1670, 1673, 1674; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 101–167, title V, § 597(a), Nov. 21, 1989, 103 Stat. 1257; Pub. L. 101–179, title III, § 302(a), Nov. 28, 1989, 103 Stat. 1311; Pub. L. 101–513, title V, § 576(a), Nov. 5, 1990, 104 Stat. 2044; Pub. L. 102–549, title I, § 107, Oct. 28, 1992, 106 Stat. 3654; Pub. L. 105–118, title V, § 579(a), Nov. 26, 1997, 111 Stat. 2435; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, related to general provisions and powers.
Section 2200, Pub. L. 87–195, pt. I, § 240, as added Pub. L. 95–268, § 9, Apr. 24, 1978, 92 Stat. 216; amended Pub. L. 99–204, § 9(b)(3), Dec. 23, 1985, 99 Stat. 1673; Pub. L. 108–158, § 6(a), Dec. 3, 2003, 117 Stat. 1950, related to small business development in less developed friendly countries or areas; encouragement by other Federal departments, etc., of broadened participation by United States small business cooperatives and investors; project funding.
A prior section 2200, Pub. L. 87–195, pt. I, § 240, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 817; amended Pub. L. 92–226, pt. I, § 104(c), Feb. 7, 1972, 86 Stat. 22; Pub. L. 93–189, § 6(2), Dec. 17, 1973, 87 Stat. 717; Pub. L. 93–390, § 2(6), Aug. 27, 1974, 88 Stat. 768, provided for agricultural credit and self-help community development projects in Latin America, prior to repeal by Pub. L. 93–559, § 8(b), Dec. 30, 1974, 88 Stat. 1797. See section 2182a of this title.
Section 2200a, Pub. L. 87–195, pt. I, § 240A, as added Pub. L. 91–175, pt. I, § 105, Dec. 30, 1969, 83 Stat. 818; amended Pub. L. 93–390, § 2(7), Aug. 27, 1974, 88 Stat. 768; Pub. L. 95–268, § 10, Apr. 24, 1978, 92 Stat. 216; Pub. L. 97–65, § 9, formerly § 9(a), Oct. 16, 1981, 95 Stat. 1024, renumbered § 9, Pub. L. 99–204, § 17(c)(1), Dec. 23, 1985, 99 Stat. 1677; Pub. L. 99–204, § 14(a), Dec. 23, 1985, 99 Stat. 1674; Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36; Pub. L. 102–549, title I, § 108, Oct. 28, 1992, 106 Stat. 3654, required report to Congress after the end of each fiscal year.
Section 2200b, Pub. L. 87–195, pt. I, § 240B, as added Pub. L. 102–549, title I, § 109, Oct. 28, 1992, 106 Stat. 3654, related to prohibition on noncompetitive awarding of insurance contracts on OPIC supported exports.
A prior section 2200b, Pub. L. 87–195, pt. I, § 240B, as added Pub. L. 97–65, § 10, Oct. 16, 1981, 95 Stat. 1024, related to return of appropriated funds, prior to repeal by Pub. L. 99–204, § 15, Dec. 23, 1985, 99 Stat. 1676.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective at the end of the transition period, as defined in section 9681 of this title, see section 9684 of this title.
Report to Congress Not Later Than June 30, 1982, on Methods for Estimating the Impact on Investments if Insurance or Other Support is Not ProvidedPub. L. 97–65, § 9(b), Oct. 16, 1981, 95 Stat. 1024, which provided for a report to Congress by the Overseas Private Investment Corporation on the effect on investments of lack of insurance, was repealed by Pub. L. 99–204, § 17(c)(2), Dec. 23, 1985, 99 Stat. 1677.
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# 22 U.S.C. § 2201 - Assistance to disadvantaged children in Asia
## Text
(a) Congressional findings The Congress recognizes the humanitarian needs of disadvantaged children in Asian countries where there has been or continues to be a heavy presence of United States military and related personnel in recent years. Moreover, the Congress finds that inadequate provision has been made for the care and welfare of such disadvantaged children, particularly those fathered by the 11 So in original. United States citizens.
(b) Authority of President Accordingly, the President is authorized to expend up to $3,000,000 of funds made available under part I of this subchapter, in addition to funds otherwise available for such purposes, to help meet the needs of these disadvantaged children in Asia by assisting in the expansion and improvement of orphanages, hostels, day care centers, school feeding programs, and health, education, and welfare programs. Assistance provided under this section shall be furnished under the auspices of and by international organizations or private voluntary agencies operating within, and in cooperation with, the countries of Asia where these disadvantaged children reside.
(Pub. L. 87–195, pt. I, § 241, as added Pub. L. 95–424, title I, § 116, Oct. 6, 1978, 92 Stat. 952; amended Pub. L. 99–83, title IX, § 903(a), Aug. 8, 1985, 99 Stat. 268.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2201, Pub. L. 87–195, pt. I, § 241, Sept. 4, 1961, 75 Stat. 433; Pub. L. 88–205, pt. I, § 105, Dec. 16, 1963, 77 Stat. 382, related to general authority of President respecting development research and use of funds for research into problems of population growth, prior to repeal by Pub. L. 94–161, title III, § 306(1), Dec. 20, 1975, 89 Stat. 858.
Amendments1985—Subsec. (b). Pub. L. 99–83 substituted “$3,000,000” for “$2,000,000”.
Statutory Notes and Related Subsidiaries
References to Part I Deemed To Include Section 2293References to part I of this subchapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.
Effective Date of 1985 AmendmentAmendment by Pub. L. 99–83 effective Oct. 1, 1985, see section 1301 of Pub. L. 99–83, set out as a note under section 2151–1 of this title.
Effective DateSection effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2211 - Findings and policy
## Text
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 subpart communicate and work with nongovernmental organizations and government organizations to identify and assist victims of trafficking as provided for in section 7104(a)(1) of this title and women who are victims of or susceptible to other forms of exploitation and violence.
(6) Given that microenterprise programs have 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.
(Pub. L. 87–195, pt. I, § 251, as added Pub. L. 108–484, § 3, Dec. 23, 2004, 118 Stat. 3923; amended Pub. L. 115–428, § 4(a), Jan. 9, 2019, 132 Stat. 5512.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2211, Pub. L. 87–195, pt. I, § 251, as added Pub. L. 87–565, pt. I, § 106, Aug. 1, 1962, 76 Stat. 257; amended Pub. L. 88–205, pt. I, § 106(a), Dec. 16, 1963, 77 Stat. 382; Pub. L. 89–583, pt. I, § 105(a), Sept. 19, 1966, 80 Stat. 799; Pub. L. 90–137, pt. I, § 106(a), Nov. 14, 1967, 81 Stat. 451, related to assistance in order to promote the economic development of countries and areas in Latin America, prior to repeal by Pub. L. 95–424, title I, § 102(g)(1)(A), title VI, § 605, Oct. 6, 1978, 92 Stat. 942, 961, effective Oct. 1, 1978.
Amendments2019—Par. (1). Pub. L. 115–428, § 4(a)(1), substituted “micro, small, and medium-sized enterprises” for “microenterprise” and “, in the development” for “and in the development” and inserted “, and in the economic empowerment of the poor, especially women” before period at end. Par. (2). Pub. L. 115–428, § 4(a)(2), substituted “micro, small, and medium-sized enterprises” for “microenterprise” and inserted “, particularly enterprises owned, managed, and controlled by women” before period at end. Par. (3). Pub. L. 115–428, § 4(a)(3), substituted “micro, small, and medium-sized enterprises” for “microenterprises”. Par. (4). Pub. L. 115–428, § 4(a)(4), substituted “micro, small, and medium-sized enterprise” for “microenterprise”. Par. (5). Pub. L. 115–428, § 4(a)(5), substituted “should continue and be expanded” for “should continue” and “development assistance for micro, small, and medium-sized enterprises” for “microenterprise and microfinance development assistance”. Par. (6). Pub. L. 115–428, § 4(a)(6), substituted “have had some success” for “have been successful” and “development assistance for micro, small, and medium-sized enterprises should” for “microenterprise programs should” and struck out “, such as countries in Latin America” after “demonstrated”.
Statutory Notes and Related Subsidiaries
Findings and PolicyPub. L. 108–484, § 2, Dec. 23, 2004, 118 Stat. 3922, provided that: “Congress finds and declares the following: “(1) Congress has demonstrated its support for microenterprise development assistance programs through the enactment of two comprehensive microenterprise laws:“(A) The Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 106–309; 114 Stat. 1082) [see Short Title of 2000 Amendments note set out under section 2151 of this title]. “(B) Public Law 108–31 [see Tables for classification] (an Act entitled ‘An Act to amend the Microenterprise for Self-Reliance Act of 2000 and the Foreign Assistance Act of 1961 to increase assistance for the poorest people in developing countries under microenterprise assistance program under those Acts, and for other purposes’, approved June 17, 2003). “(2) The report on the effectiveness of the United States Agency for International Development’s microfinance program, prepared by the Consultative Group to Assist the Poor, rated the Agency in the top tier of the 17 donors in this field. “(3) The Comptroller General, in a report dated November 2003, found that the United States Agency for International Development has met some, but not all, of the key objectives of such microenterprise development assistance programs. “(4) The Comptroller General’s report found, among other things, the following:“(A) Microenterprise development assistance generally can help alleviate some impacts of poverty, improve income levels and quality of life for borrowers and provide poor individuals, workers, and their families with an important coping mechanism. “(B) Microenterprise development assistance programs of the United States Agency for International Development have encouraged women’s participation in microfinance projects and, according to data of the Agency, women have comprised two-thirds or more of the micro-loan clients in Agency-funded microenterprise projects since 1997. “(5)(A) The Comptroller General’s report recommends that the Administrator of the United States Agency for International Development review the Agency’s ‘microenterprise results reporting’ system with the goal of ensuring that its annual reporting is complete and accurate. “(B) Specifically, the Administrator should review and reconsider the methodologies used for the collection, analysis, and reporting of data on annual spending targets, outreach to the very poor, sustainability of microfinance institutions, and the contribution of Agency’s funding to the institutions it supports.”
Sense of CongressPub. L. 108–484, § 7, Dec. 23, 2004, 118 Stat. 3930, provided that: “It is the sense of Congress that, in carrying out title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2211 et seq.] (as added by section 3 of this Act and amended by sections 4 through 6 of this Act), the Administrator of the United States Agency for International Development— “(1) where applicable, should ensure that microenterprise development assistance provided under such title is matched by recipients with an equal amount of assistance from non-United States Government sources, including private donations, multilateral funding, commercial and concessional borrowing, savings, and program income; “(2) should include in the report required by section 258 of the Foreign Assistance Act of 1961 [22 U.S.C. 2214] (as added by section 6 of this Act) a description of all matching assistance (as described in paragraph (1)) provided for the prior year by recipients of microenterprise development assistance under such title; “(3) should ensure that recipients of microenterprise development assistance under such title do not expend an unreasonably large percentage of such assistance on administrative costs; “(4) should not use recipients of microenterprise development assistance under such title to carry out critical management functions of the Agency, including functions such as strategy development or overall management of programs in a country; and “(5) should consult with the appropriate congressional committees with respect to the implementation of title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 not later than 90 days after the date of the enactment of this Act [Dec. 23, 2004].”
ReferencesPub. L. 108–484, § 9, Dec. 23, 2004, 118 Stat. 3931, provided that: “Any reference in a law, regulation, agreement, or other document of the United States to section 108, 131, or 132 of the Foreign Assistance Act of 1961 [former 22 U.S.C. 2151f, 2152a, 2152b] shall be deemed to be a reference to subtitle B of title VI of chapter 2 of part I of the Foreign Assistance Act of 1961 [division B of this subpart], subtitle A of title VI of chapter 2 of part I of such Act [this division], or subtitle C of title VI of chapter 2 of part I of such Act [division C of this subpart], respectively.”
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# 22 U.S.C. § 2211a - Authorization; implementation; targeted assistance
## Text
(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 and institutions 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 subpart 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.
(Pub. L. 87–195, pt. I, § 252, as added Pub. L. 108–484, § 3, Dec. 23, 2004, 118 Stat. 3924; amended Pub. L. 115–428, § 4(b), Jan. 9, 2019, 132 Stat. 5512.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 252 of Pub. L. 87–195 was classified to section 2212 of this title, prior to repeal by Pub. L. 95–424, title I, § 102(g)(1)(A), title VI, § 605, Oct. 6, 1978, 92 Stat. 942, 961, effective Oct. 1, 1978.
Amendments2019—Subsec. (a). Pub. L. 115–428, § 4(b)(1)(A), substituted “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” for “credit, savings, and other services to microfinance and microenterprise clients” in introductory provisions. Subsec. (a)(1). Pub. L. 115–428, § 4(b)(1)(B), substituted “micro, small, and medium-sized enterprise clients, particularly clients owned, managed, and controlled by women” for “microfinance and microenterprise clients”. Subsec. (a)(2). Pub. L. 115–428, § 4(b)(1)(C), substituted “micro, small, and medium-sized enterprises” for “microenterprises”. Subsec. (a)(3). Pub. L. 115–428, § 4(b)(1)(D), substituted “financial intermediaries” for “microfinance and microenterprise institutions” and “micro, small, and medium-sized enterprises” for “microfinance and microenterprise clients” and struck out “and” after semicolon at end. Subsec. (a)(4). Pub. L. 115–428, § 4(b)(1)(E), substituted “micro, small, and medium-sized enterprises, financial intermediaries, and capital markets” for “microfinance and microenterprise clients and institutions” and “the poor and very poor, especially women;” for “the poor and very poor.” Subsec. (a)(5), (6). Pub. L. 115–428, § 4(b)(1)(F), added pars. (5) and (6). Subsec. (b)(1). Pub. L. 115–428, § 4(b)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “There is established within the Agency an office of microenterprise development, which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development.” Subsec. (b)(2)(B). Pub. L. 115–428, § 4(b)(2)(B)(i), amended subpar. (B) generally. Prior to amendment, text read as follows: “(i) Program.—In order to ensure that assistance under this subpart is distributed effectively and efficiently, the office shall also seek to implement a program of central funding under which assistance is administered directly by the office, including through targeted core support for microfinance and microenterprise networks and other practitioners. “(ii) Funding.—Of the amount made available to carry out this division for a fiscal year, not less than $25,000,000 should be made available to carry out clause (i).” Subsec. (b)(2)(C). Pub. L. 115–428, § 4(b)(2)(ii), inserted “, particularly by protecting the use and funding of local organizations in countries in which the Agency invests,” after “and sustainability” and “, especially women” after “the poor and very poor”. Subsec. (b)(3). Pub. L. 115–428, § 4(b)(2)(C), struck out par. (3). Text read as follows: “With respect to assistance provided under this section, the office shall be responsible for concurring in the microenterprise development components of strategic plans of missions, bureaus, and other offices of the Agency and providing technical support to field missions to help the missions prepare such components.” Subsec. (c). Pub. L. 115–428, § 4(b)(3), substituted “subsection (a)—” and pars. (1) and (2) for “subsection (a), 50 percent of all microenterprise resources shall be targeted to clients who are very poor. Specifically, until September 30, 2006, such resources shall be used for—” and former pars. (1) and (2) which identified as entities eligible for microenterprise resources under subsec. (a) programs through certain practitioner institutions and for certain demand-driven business development programs, respectively.
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# 22 U.S.C. § 2211b - Monitoring system
## Text
(a) In general In order to maximize the sustainable development impact of assistance authorized under section 2211a(a) of this title, the Administrator of the Agency, acting through the Director of the office, shall strengthen its monitoring system to meet the requirements of subsection (b).
(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 2211a of this title.
(3) The monitoring system provides a basis for recommendations for adjustments to the assistance to enhance the sustainability and the impact of the assistance, particularly the impact of such assistance on the very poor, particularly poor women.
(Pub. L. 87–195, pt. I, § 253, as added Pub. L. 108–484, § 3, Dec. 23, 2004, 118 Stat. 3925; amended Pub. L. 115–428, § 4(c), Jan. 9, 2019, 132 Stat. 5514.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 253 of Pub. L. 87–195 was classified to section 2213 of this title, prior to repeal by Pub. L. 95–424, title I, § 102(g)(1)(A), title VI, § 605, Oct. 6, 1978, 92 Stat. 942, 961, effective Oct. 1, 1978.
Amendments2019—Subsec. (b)(1). Pub. L. 115–428, § 4(c)(1), inserted “, 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,” after “performance goals”. Subsec. (b)(2). Pub. L. 115–428, § 4(c)(2), substituted “incorporate Agency planning and reporting processes and indicators to measure or assess the achievement” for “include performance indicators to be used in measuring or assessing the achievement”. Subsec. (b)(4). Pub. L. 115–428, § 4(c)(3), struck out par. (4) which read as follows: “The monitoring system adopts the widespread use of proven and effective poverty assessment tools to successfully identify the very poor and ensure that they receive adequate access to microenterprise loans, savings, and assistance.”
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# 22 U.S.C. § 2211c - Poverty measurement methods
## Text
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.
(Pub. L. 87–195, pt. I, § 254, as added Pub. L. 108–484, § 3, Dec. 23, 2004, 118 Stat. 3926; amended Pub. L. 115–428, § 4(d), Jan. 9, 2019, 132 Stat. 5514.)
## Notes
Editorial Notes
Amendments2019—Pub. L. 115–428 amended section generally. Prior to amendment, section related to development of poverty measurement methods and application of methods.
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# 22 U.S.C. § 2211d - Additional authorities
## Text
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 subpart may be provided to further the purposes of this subpart. To the extent assistance described in the preceding sentence is provided in accordance with such sentence, the Administrator of the Agency shall include, as part of the report required under section 2214 of this title, a detailed description of such assistance.
(Pub. L. 87–195, pt. I, § 255, as added Pub. L. 108–484, § 3, Dec. 23, 2004, 118 Stat. 3926; amended Pub. L. 115–428, § 4(e), Jan. 9, 2019, 132 Stat. 5514.)
## Notes
Editorial Notes
Amendments2019—Pub. L. 115–428 substituted “development assistance for micro, small, and medium-sized enterprises” for “assistance for microenterprise development assistance” and struck out “and, to the extent applicable, the information required by paragraphs (1) through (11) of subsection (b) of such section with respect to such assistance” after “of such assistance”.
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# 22 U.S.C. § 2213 - United States Microfinance Loan Facility
## Text
(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 2394–1 of this title in accordance with the procedures applicable to reprogramming notifications under that section.
(c) General provisions (1) Policy provisions In providing the credit assistance authorized by this section, the Administrator should apply, as appropriate, the policy provisions in subchapter I of this chapter that are applicable to development assistance activities.
(2) Default and procurement provisions (A) Default provision The provisions of section 2370(q) of this title, or any comparable provision of law, shall not be construed to prohibit assistance to a country in the event that a private sector recipient of assistance furnished under this section is in default in its payment to the United States for the period specified in such section.
(B) Procurement provision Assistance may be provided under this section without regard to section 2354(a) of this title.
(3) Terms and conditions of credit assistance (A) In general Credit assistance provided under this section shall be offered on such terms and conditions, including fees charged, as the Administrator may determine.
(B) Limitation on principal amount of financing The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any single event, may not exceed $30,000,000.
(C) Exception No payment may be made under any guarantee issued under this section for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(4) Full faith and credit All guarantees issued under this section shall constitute obligations, in accordance with the terms of such guarantees, of the United States of America, and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations to the extent of the guarantee.
(d) Funding (1) Allocation of funds Of the amounts made available to carry out subchapter I of this chapter for each of the fiscal years 2005 through 2009, such sums as may be necessary may be made available for—
(A) the subsidy cost, as defined in section 661a(5) of title 2, to carry out this section; and
(B) the administrative costs to carry out this section.
(2) Relation to other funding Amounts made available under paragraph (1) are in addition to amounts available under any other provision of law to carry out this section.
(Pub. L. 87–195, pt. I, § 257, formerly § 132, as added Pub. L. 106–309, title I, § 107(a), Oct. 17, 2000, 114 Stat. 1086; renumbered § 257 and amended Pub. L. 108–484, § 5(a), (b), (c)(2), Dec. 23, 2004, 118 Stat. 3927; Pub. L. 115–428, § 4(g), Jan. 9, 2019, 132 Stat. 5515.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 2152b of this title.
Prior ProvisionsA prior section 2213, Pub. L. 87–195, pt. I, § 253, as added Pub. L. 87–565, pt. I, § 106, Aug. 1, 1962, 76 Stat. 258; amended Pub. L. 88–205, pt. I, § 106(c), Dec. 16, 1963, 77 Stat. 383, related to availability of receipts from loans for Alliance for Progress, prior to repeal by Pub. L. 95–424, title I, § 102(g)(1)(A), title VI, § 605, Oct. 6, 1978, 92 Stat. 942, 961, effective Oct. 1, 1978.
Amendments2019—Subsec. (a). Pub. L. 115–428, § 4(g)(1), substituted “President” for “Administrator” and “United States-supported financial intermediaries” for “United States-supported microfinance institutions”. Subsec. (b)(1). Pub. L. 115–428, § 4(g)(2)(A), substituted “United States-supported financial intermediaries” for “United States-supported microfinance institutions” in introductory provisions and in subpar. (C). Subsec. (b)(2). Pub. L. 115–428, § 4(g)(2)(B), substituted “financial intermediaries” for “microfinance institutions”. 2004—Subsec. (b)(3). Pub. L. 108—484, § 5(c)(2)(A), substituted “2005 through 2009” for “2001 and 2002”. Subsec.(d)(1). Pub. L. 108—484, § 5(c)(2)(B), substituted “for each of the fiscal years 2005 through 2009, such sums as may be necessary” for “for the fiscal year 2001, up to $5,000,000”. Subsec. (e). Pub. L. 108–484, § 5(c)(2)(C), struck out heading and text of subsec. (e) which defined “Administrator”, “appropriate congressional committees”, and “United States-supported microfinance institution” for purposes of this section.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
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# 22 U.S.C. § 2214 - Report
## Text
(a) In general Not later than June 30, 2006, and each June 30 thereafter, the Administrator of the Agency, acting through the Director of the office, shall submit to the appropriate congressional committees a report that contains a detailed description of the implementation of this subpart for the previous fiscal year.
(b) Contents To the extent practicable, the report submitted under subsection (a) should contain the following:
(1) Information about assistance provided under section 2211a of this title, 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 2211a of this title, disaggregated by income level, including for the very poor, and by gender.
(3) The estimated number of individuals that received assistance under section 2211a of this title, 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 2211b of this title.
(5) Information about any method in place to assess poverty levels under section 2211c of this title.
(c) Availability to public The report required by this section shall be made available to the public on the Internet website of the Agency.
(Pub. L. 87–195, pt. I, § 258, as added Pub. L. 108–484, § 6, Dec. 23, 2004, 118 Stat. 3928; amended Pub. L. 115–428, § 4(h), Jan. 9, 2019, 132 Stat. 5515.)
## Notes
Editorial Notes
Amendments2019—Subsec. (b). Pub. L. 115–428 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to required contents of report, including number of grants provided and information on distribution of assistance.
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# 22 U.S.C. § 2214a - Definitions
## Text
In this subpart:
(1) Administrator The term “Administrator” means the Administrator of the Agency.
(2) Agency The term “Agency” means the United States Agency for International Development.
(3) Appropriate congressional committees The term “appropriate congressional committees” means the Committee on 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 subpart which is—
(A) a United States or an indigenous private voluntary organization;
(B) a United States or an indigenous credit union;
(C) a United States or an indigenous cooperative organization;
(D) an indigenous governmental or nongovernmental organization;
(E) a 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 2211a(b)(1) of this title.
(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 subchapter I of this chapter 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’)).
(Pub. L. 87–195, pt. I, § 259, as added Pub. L. 108–484, § 6, Dec. 23, 2004, 118 Stat. 3929; amended Pub. L. 115–428, § 4(i), Jan. 9, 2019, 132 Stat. 5515.)
## Notes
Editorial Notes
Amendments2019—Par. (3). Pub. L. 115–428, § 4(i)(1), substituted “Committee on Foreign Affairs of the House of Representatives” for “Committee on International Relations of the House of Representatives”. Par. (4). Pub. L. 115–428, § 4(i)(2), substituted “micro, small, and medium-sized enterprises” for “microenterprises”. Par. (6)(E). Pub. L. 115–428, § 4(i)(3)(A), substituted “micro, small, or medium-sized enterprise institution” for “microenterprise institution”. Par. (6)(F). Pub. L. 115–428, § 4(i)(3)(B), substituted “financial intermediary” for “microfinance institution”. Pars. (7), (8). Pub. L. 115–428, § 4(i)(4), added pars. (7) and (8) and struck out former pars. (7) and (8) which defined the terms “microenterprise institution” and “microfinance institution”, respectively. Par. (9). Pub. L. 115–428, § 4(i)(5)–(7), redesignated par. (10) as (9), struck out “of microenterprise development” before “established”, and struck out former par. (9) which defined the term “microfinance network”. Par. (10). Pub. L. 115–428, § 4(i)(6), (8), redesignated par. (11) as (10) and amended par. (10) generally. Prior to amendment, par. (10) defined the term “practitioner institution”. Former par. (10) redesignated (9). Par. (11). Pub. L. 115–428, § 4(i)(6), redesignated par. (12) as (11). Former par. (11) redesignated (10). Par. (12). Pub. L. 115–428, § 4(i)(6), (9), redesignated par. (13) as (12) and substituted “United states-supported financial intermediary” for “United States-supported microfinance institution” in heading and text. Former par. (12) redesignated (11). Pars. (13), (14). Pub. L. 115–428, § 4(i)(6), (10), redesignated par. (14) as (13) and amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “living on less than the equivalent of $1 per day (as calculated using the purchasing power parity (PPP) exchange rate method).” Former par. (13) redesignated (12).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Change of Name Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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# 22 U.S.C. § 2216 - Repealed. Pub. L. 95–424, title I, § 102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942
## Notes
Section, Pub. L. 87–195, pt. I, § 261, as added Pub. L. 88–205, pt. I, § 107, Dec. 16, 1963, 77 Stat. 383, related to appointment of a committee to review and evaluate economic development program for less developed countries.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
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chapter_number: "32"
chapter_name: "FOREIGN ASSISTANCE"
section: "2217b"
citation: "22 U.S.C. § 2217b"
status: "current"
release_point: "119-100"
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# 22 U.S.C. § 2217b - Repealed. Pub. L. 90–137, pt. I, § 107, Nov. 14, 1967, 81 Stat. 452
## Notes
Section, Pub. L. 87–195, pt. I, § 273, as added Pub. L. 89–583, pt. I, § 106, Sept. 19, 1966, 80 Stat. 800, prescribed a $10,000,000 limitation on use of funds for promotion of social and economic development and stability in southeast Asia.
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# 22 U.S.C. § 2218 - Utilization of democratic institutions in development
## Text
(a) Popular participation through encouragement of democratic institutions In carrying out programs authorized in this part and part I of this subchapter, emphasis shall be placed on assuring maximum participation in the task of economic development on the part of the people of the developing countries, through the encouragement of democratic private and local governmental institutions.
(b) Human and intellectual resources; self-government through civic education and training in requisite skills In order to carry out the purposes of this section programs under this part and part I of this subchapter shall—
(1) recognize the differing needs, desires, and capacities of the people of the respective developing countries and areas;
(2) use the intellectual resources of such countries and areas in conjunction with assistance provided under this chapter so as to encourage the development of indigenous institutions that meet their particular requirements for sustained economic and social progress; and
(3) support civic education and training in skills required for effective participation in governmental and political processes essential to self-government.
(c) Political, social, and related obstacles to development; democratic social and political trends In the allocation of funds for research under this part and part I of this subchapter, emphasis shall be given to research designed to examine the political, social, and related obstacles to development in countries receiving assistance under subchapter I of this chapter. In particular, emphasis should be given to research designed to increase understanding of the ways in which development assistance can support democratic social and political trends in recipient countries.
(d) Implementation of objectives through application of experience gained from program evaluation Emphasis shall also be given to the evaluation of relevant past and current programs under subchapter I of this chapter and to applying this experience so as to strengthen their effectiveness in implementing the objectives of this section.
(e) Inservice training programs In order to carry out the purposes of this section, the agency primarily responsible for administering subchapter I of this chapter shall develop systematic programs of inservice training to familiarize its personnel with the objectives of this section and to increase their knowledge of the political and social aspects of development. In addition to other funds available for such purposes, not to exceed 1 per centum of the funds authorized to be appropriated for grant assistance under this part and part I of this subchapter may be used for carrying out the objectives of this subsection.
(Pub. L. 87–195, pt. I, § 281, as added Pub. L. 89–583, pt. I, § 106, Sept. 19, 1966, 80 Stat. 800; amended Pub. L. 90–137, pt. I, § 108, Nov. 14, 1967, 81 Stat. 452; Pub. L. 90–554, pt. I, § 106, Oct. 8, 1968, 82 Stat. 961; Pub. L. 95–424, title I, § 102(g)(2)(A), Oct. 6, 1978, 92 Stat. 942.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b)(2), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1978—Subsecs. (a), (b), (c), (e). Pub. L. 95–424 inserted “and part 1 of this subchapter” after “this part”. 1968—Subsec. (c). Pub. L. 90–554, § 106(a), emphasized research designed to increase understanding of ways in which development assistance can support democratic social and political trends in recipient countries. Subsec. (e). Pub. L. 90–554, § 106(b), added subsec. (e). 1967—Pub. L. 90–137 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
References to Part I Deemed To Include Section 2293References to part I of this subchapter are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
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# 22 U.S.C. § 2220 - Repealed. Pub. L. 95–424, title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 959
## Notes
Section, Pub. L. 87–195, pt. I, § 295, as added Pub. L. 90–137, pt. I, § 109, Nov. 14, 1967, 81 Stat. 453, related to reports and recommendations to Congress by the President for each country receiving assistance under this chapter which the President finds has a substantial food deficit.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
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# 22 U.S.C. § 2220b - General authority
## Text
(a) Programs and activities affecting universities, agriculturally developing countries, and research To carry out the purposes of this subpart, the President is authorized to provide assistance on such terms and conditions as he shall determine—
(1) to implement program components through United States universities as authorized by paragraphs (2) through (5) of this subsection;
(2) to build and strengthen the institutional capacity and human resource skills of agriculturally developing countries so that these countries may participate more fully in the international agricultural problem-solving effort and to introduce and adapt new solutions to local circumstances;
(3) to provide long-term program support for United States university global agricultural and related environmental collaborative research and learning opportunities for students, teachers, extension specialists, researchers, and the general public;
(4) to involve United States universities more fully in the international network of agricultural science, including the international agricultural research centers, the activities of international organizations such as the United Nations Development Program and the Food and Agriculture Organization, multilateral banks, the institutions of agriculturally developing nations, and United States and foreign nongovernmental organizations supporting extension and other productivity-enhancing programs; and
(5) to provide program support for international agricultural research centers, to provide support for research projects identified for specific problem-solving needs, and to develop and strengthen national research systems in the developing countries.
(b) Programs and activities respecting university capabilities, benefiting domestic and nondomestic agriculture, and based on existing programs and institutions Programs under this subpart shall be carried out so as to—
(1) utilize and strengthen the capabilities of United States universities with public and private partners of universities in—
(A) developing capacity in the cooperating nation for classroom teaching in agriculture, plant and animal sciences, human nutrition, and vocational and domestic arts and other relevant fields appropriate to local needs;
(B) agricultural research to be conducted in the cooperating nations, at international agricultural research centers, or in the United States;
(C) the planning, initiation, and development of extension services through which information concerning agriculture, environment, and related subjects will be made available directly to agriculturalists in the agriculturally developing nations by means of education and demonstration; or
(D) the exchange of educators, scientists, and students for the purpose of assisting in successful development in the cooperating nations;
(2) take into account the value to United States agriculture of such programs, integrating to the extent practicable the programs and financing authorized under this subpart with those supported by other Federal or State resources, including resources of the private sector, so as to maximize the contribution to the development of agriculture in the United States and in agriculturally developing nations; and
(3) whenever practicable, build on existing programs and institutions including those of the universities, the Department of Agriculture, State agricultural agencies, the Department of Commerce, the Department of the Interior, the Environmental Protection Agency, the Office of the United States Trade Representative, the Food and Drug Administration, other appropriate Federal agencies, and appropriate nongovernmental and business organizations.
(c) Activity objectives To the maximum extent practicable, activities under this section shall—
(1) be directly related to the food and agricultural needs of developing countries;
(2) focus primarily on the needs of agricultural producers, rural families, processors, traders, consumers, and natural resources managers;
(3) be adapted to local circumstances;
(4) be carried out within the developing countries and transition countries comprising newly emerging democracies and newly liberalized economies; and
(5) emphasize the improvement of local systems for delivering the best available knowledge to the small farmers of such countries.
(d) Function of Administrator The President shall exercise his authority under this section through the Administrator.
(e) Special programs The Administrator shall establish and carry out special programs under this subpart as part of ongoing programs for child survival, democratization, development of free enterprise, environmental and natural resource management, and other related programs.
(Pub. L. 87–195, pt. I, § 297, as added Pub. L. 94–161, title III, § 312, Dec. 20, 1975, 89 Stat. 863; amended Pub. L. 96–53, title I, § 113, Aug. 14, 1979, 93 Stat. 364; Pub. L. 106–373, § 3, Oct. 27, 2000, 114 Stat. 1431.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a)(1). Pub. L. 106–373, § 3(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “to strengthen the capabilities of universities in teaching, research, and extension work to enable them to implement current programs authorized by paragraphs (2), (3), (4), and (5) of this subsection, and those proposed in the report required by section 2220e of this title;”. Subsec. (a)(3). Pub. L. 106–373, § 3(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to provide program support for long-term collaborative university research, in the developing countries themselves to the maximum extent practicable, on food production, distribution, storage, marketing, and consumption;”. Subsec. (a)(4). Pub. L. 106–373, § 3(a)(3), inserted “United States” before “universities” and “agricultural” before “research centers” and substituted “multilateral banks, the institutions of agriculturally developing nations, and United States and foreign nongovernmental organizations supporting extension and other productivity-enhancing programs” for “and the institutions of agriculturally developing nations”. Subsec. (b)(1). Pub. L. 106–373, § 3(b)(1)(A), substituted “United States universities with public and private partners of universities” for “universities” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 106–373, § 3(b)(1)(B), inserted “, environment,” before “and related” and substituted “agriculturalists” for “farmers and farm families”. Subsec. (b)(2). Pub. L. 106–373, § 3(b)(2), inserted “, including resources of the private sector,” after “Federal or State resources”. Subsec. (b)(3). Pub. L. 106–373, § 3(b)(3), substituted “, the Department of Agriculture, State agricultural agencies, the Department of Commerce, the Department of the Interior, the Environmental Protection Agency, the Office of the United States Trade Representative, the Food and Drug Administration, other appropriate Federal agencies, and appropriate nongovernmental and business organizations.” for “and the United States Department of Agriculture and the United States Department of Commerce.” Subsec. (c)(2). Pub. L. 106–373, § 3(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “be carried out within the developing countries;”. Subsec. (c)(4). Pub. L. 106–373, § 3(c)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “provide for the most effective interrelationship between research, education, and extension in promoting agricultural development in developing countries; and”. Subsec. (e). Pub. L. 106–373, § 3(d), added subsec. (e). 1979—Subsec. (a)(3). Pub. L. 96–53, § 113(1), inserted provision relating to the scope of effort in developing countries. Subsec. (c). Pub. L. 96–53, § 113(2), reworked activity objectives through revising terminology and structure and expanding such objectives to include requirement for a direct relationship between activities and the food and agricultural needs of developing countries.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2220c - Board for International Food and Agricultural Development
## Text
(a) Establishment; terms and expenses of members To assist in the administration of the programs authorized by this subpart, the President shall establish a permanent Board for International Food and Agricultural Development (hereafter in this subpart referred to as the “Board”) consisting of seven members, not less than four to be selected from the universities. Terms of members shall be set by the President at the time of appointment. Members of the Board shall be entitled to such reimbursement for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business) as the President deems appropriate on a case-by-case basis.
(b) General areas of responsibility The Board’s general areas of responsibility shall include participating in the planning, development, and implementation of, initiating recommendations for, and monitoring, the activities described in section 2220b of this title.
(c) Specific, but not exclusive, duties The Board’s duties shall include, but not necessarily be limited to—
(1) participating in the formulation of basic policy, procedures, and criteria for project proposal review, selection, and monitoring;
(2) developing and keeping current a roster of universities—
(A) interested in exploring their potential for collaborative relationships with agricultural institutions, and with scientists working on significant programs designed to improve agricultural production, trade, and natural resource management in developing countries, and with private organizations seeking to increase agricultural production and trade, natural resources management, and household food security in developing and transition countries; 11 So in original. The semicolon probably should be a comma.
(B) having capacity in the agricultural, environmental, and related social sciences,
(C) able to maintain an appropriate balance of teaching, research, and extension functions,
(D) having capacity, experience, and commitment with respect to international agricultural efforts, and
(E) able to contribute to solving the problems addressed by this subpart;
(3) recommending which developing nations could benefit from programs carried out under this subpart, and identifying those nations which have an interest in establishing or developing agricultural institutions which engage in teaching, research, or extension activities;
(4) reviewing and evaluating memorandums of understanding or other documents that detail the terms and conditions between the Administrator and universities and their partners participating in programs under this subpart;
(5) reviewing and evaluating agreements and activities authorized by this subpart and undertaken by universities and public and private partners of universities to assure compliance with the purposes of this subpart;
(6) recommending to the Administrator the apportionment of funds under section 2220b of this title;
(7) assessing the impact of programs carried out under this subpart in solving agricultural problems and natural resource issues in the developing nations, assuring efficiency in use of Federal resources, including in accordance with the Governmental Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), and the amendments made by that Act;
(8) developing information exchanges and consulting regularly with nongovernmental organizations, consumer groups, producers, agribusinesses and associations, agricultural cooperatives and commodity groups, State departments of agriculture, State agricultural research and extension agencies, and academic institutions;
(9) investigating and resolving issues concerning implementation of this subpart as requested by universities; and
(10) advising the Administrator on any and all issues as requested.
(d) Subordinate units; creation of Joint Policy Committee, Joint Operations Committee, and other units The President may authorize the Board to create such subordinate units as may be necessary for the performance of its duties, including but not limited to the following:
(1) a Joint Policy Committee to participate in the design and development of the collaborative activities described in section 2220b of this title; and
(2) a Joint Operations Committee which shall assist in and advise on the mechanisms and processes for implementation of activities described in section 2220b of this title.
(e) Consultations in preparation of annual report and on agricultural development activities In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by section 2220e of this title and on other agricultural development activities related to programs under this subpart.
(Pub. L. 87–195, pt. I, § 298, as added Pub. L. 94–161, title III, § 312, Dec. 20, 1975, 89 Stat. 864; amended Pub. L. 106–373, § 4, Oct. 27, 2000, 114 Stat. 1432.)
## Notes
Editorial Notes
References in TextThe Governmental Performance and Results Act of 1993, referred to in subsec. (c)(7), probably means the Government Performance and Results Act of 1993, Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
Amendments2000—Subsec. (a). Pub. L. 106–373, § 4(a), inserted “on a case-by-case basis” before period at end of third sentence. Subsec. (b). Pub. L. 106–373, § 4(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Board’s general areas of responsibility shall include, but not be limited to— “(1) participating in the planning, development, and implementation of, “(2) initiating recommendations for, and “(3) monitoring of, the activities described in section 2220b of this title.” Subsec. (c)(2)(A). Pub. L. 106–373, § 4(c)(1)(A), substituted “improve agricultural production, trade, and natural resource management in developing countries, and with private organizations seeking to increase agricultural production and trade, natural resources management, and household food security in developing and transition countries;” for “increase food production in developing countries,”. Subsec. (c)(2)(B). Pub. L. 106–373, § 4(c)(1)(B), inserted “, environmental, and related social” before “sciences”. Subsec. (c)(4). Pub. L. 106–373, § 4(c)(2), inserted “and their partners” after “Administrator and universities”. Subsec. (c)(5). Pub. L. 106–373, § 4(c)(3), inserted “and public and private partners of universities” after “universities”. Subsec. (c)(7). Pub. L. 106–373, § 4(c)(5), substituted “and natural resource issues in the developing nations, assuring efficiency in use of Federal resources, including in accordance with the Governmental Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), and the amendments made by that Act;” for “in the developing nations.” Subsec. (c)(8) to (10). Pub. L. 106–373, § 4(c)(4), (6), added pars. (8) to (10). Subsec. (d)(1). Pub. L. 106–373, § 4(d)(1), substituted “Policy” for “Research”, “design” for “administration”, and “section 2220b” for “section 2220b(a)(3)”. Subsec. (d)(2). Pub. L. 106–373, § 4(d)(2), substituted “Joint Operations Committee which shall assist in and advise on the mechanisms and processes for implementation of activities described in section 2220b of this title.” for “Joint Committee on Country Programs which shall assist in the implementation of the bilateral activities described in sections 2220b(a)(2), 2220b(a)(4), and 2220b(a)(5) of this title.”
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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# 22 U.S.C. § 2220d - Funds for programs and activities
## Text
(a) Funds available under section 2151a of this title unaffected by other provisions The President is authorized to use any of the funds hereafter made available under section 2151a of this title to carry out the purposes of this subpart. Funds made available for such purposes may be used without regard to the provisions of sections 2151h(b) and 2151t(d) of this title.
(b) Foreign currencies Foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States shall be used to the maximum extent possible in lieu of dollars in carrying out the provisions of this subpart.
(c) Other authorizations Assistance authorized under this subpart shall be in addition to any allotments or grants that may be made under other authorizations.
(d) Disclosure of funds to Administrator; annual report Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this subpart. All such funds, both prospective and inhand, shall be periodically disclosed to the Administrator as he shall by regulation require, but no less often than in an annual report.
(Pub. L. 87–195, pt. I, § 299, as added Pub. L. 94–161, title III, § 312, Dec. 20, 1975, 89 Stat. 865; amended Pub. L. 95–424, title I, § 102(c)(2), Oct. 6, 1978, 92 Stat. 941.)
## Notes
Editorial Notes
Amendments1978—Subsec. (a). Pub. L. 95–424 substituted “sections 2151h(b) and 2151t(d) of this title” for “sections 2151h(b), 2171(a), and 2171(d) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2220e"
description: "Presidential report to Congress"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "32"
chapter_name: "FOREIGN ASSISTANCE"
section: "2220e"
citation: "22 U.S.C. § 2220e"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 22 U.S.C. § 2220e - Presidential report to Congress
## Text
The President shall transmit to the Congress, not later than September 1 of each year, a report detailing the activities carried out pursuant to this subpart during the preceding fiscal year and containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to section 2220c of this title and may include the separate views of the Board with respect to any aspect of the programs conducted or proposed to be conducted under this subpart.
(Pub. L. 87–195, pt. I, § 300, as added Pub. L. 94–161, title III, § 312, Dec. 20, 1975, 89 Stat. 866; amended Pub. L. 106–373, § 5, Oct. 27, 2000, 114 Stat. 1433.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106–373 substituted “September 1” for “April 1”.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed on page 25), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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---
type: "LegalText"
title: "22 U.S.C. § 2221"
description: "General authority"
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title_number: 22
title_name: "FOREIGN RELATIONS AND INTERCOURSE"
chapter_number: "32"
chapter_name: "FOREIGN ASSISTANCE"
section: "2221"
citation: "22 U.S.C. § 2221"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc22@119-100.zip"
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tags: ["legal", "us-code"]
---
# 22 U.S.C. § 2221 - General authority
## Text
(a) Voluntary contributions; grants and loans in case of the Indus Basin Development Fund When he determines it to be in the national interest, the President is authorized to make voluntary contributions on a grant basis to international organizations and to programs administered by such organizations, and in the case of the Indus Basin Development Fund administered by the International Bank for Reconstruction and Development to make grants and loans payable as to principal and interest in United States dollars and subject to the provisions of section 2151t(b) of this title, on such terms and conditions as he may determine, in order to further the purposes of subchapter I of this chapter.
(b) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560
(c) Palestine refugees; considerations and conditions for furnishing assistance No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army or any other guerrilla type organization or who has engaged in any act of terrorism.
(d) Audit of funds; report to Congress and the President In any case in which a fund established solely by United States contributions under this chapter or any other Act is administered by an international organization under the terms of an agreement between the United States and such international organization, such agreement shall provide that the Comptroller General of the United States shall conduct such audits as are necessary to assure that such fund is administered in accordance with such agreement. The President shall undertake to modify any existing agreement entered into before November 14, 1967, to conform to the requirements of the preceding sentence. The Comptroller General shall report simultaneously to the Congress and the President the results of the audits conducted under this subsection.
(e) Evaluation of United Nations and its affiliated organizations; International Bank for Reconstruction and Development; Asian Development Bank (1) In the case of the United Nations and its affiliated organizations, including the International Atomic Energy Agency, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authorities of such organizations of external, professionally qualified groups of appropriate size for the purpose of providing an independent and continuous program of selective examination, review, evaluation, and audits of the programs and activities of such organizations. Such proposal shall provide that such groups shall be established in accordance with such terms of reference as such governing authority may prescribe and that the reports of such groups on each examination, review, evaluation, or audit shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation groups.
(2) In the case of the International Bank for Reconstruction and Development and the Asian Development Bank, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authorities of such organizations professionally qualified groups of appropriate size for the purpose of providing an independent and continuous program of selective examination, review, evaluation, and audit of the programs and activities of such organizations. Such proposal shall provide that such groups shall be established in accordance with such terms of reference as such governing authorities may prescribe, and that the reports of such groups on each examination, review, evaluation, or audit shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation groups.
(f) International Fertilizer Development Center; United States participation and assistance The President is hereby authorized to permit United States participation in the International Fertilizer Development Center and is authorized to use any of the funds made available under this part for the purpose of furnishing assistance to the Center on such terms and conditions as he may determine.
(g) Transfer of funding of technological assistance programs to United Nations Development Program It is the sense of the Congress that the President should instruct the appropriate representatives of the United States to the United Nations to encourage the specialized agencies of the United Nations to transfer the funding of technical assistance programs carried out by such agencies to the United Nations Development Program.
(h) International Food Policy Research Institute; availability of funds, etc. The President is authorized to permit the United States to participate in and to use any of the funds made available under subchapter I of this chapter after December 29, 1981, for the purpose of furnishing assistance (on such terms and conditions as the President may determine) to the International Food Policy Research Institute.
(Pub. L. 87–195, pt. I, § 301, Sept. 4, 1961, 75 Stat. 433; Pub. L. 89–171, pt. I, § 106 (a), Sept. 6, 1965, 79 Stat. 656; Pub. L. 89–583, pt. I, § 107(a)–(c), Sept. 19, 1966, 80 Stat. 800; Pub. L. 90–137, pt. I, § 110(a), Nov. 14, 1967, 81 Stat. 453; Pub. L. 91–175, pt. I, § 108(a), Dec. 30, 1969, 83 Stat. 819; Pub. L. 93–189, § 9(1), Dec. 17, 1973, 87 Stat. 718; Pub. L. 94–161, title III, § 313(c), Dec. 20, 1975, 89 Stat. 866; Pub. L. 95–424, title I, §§ 102(b)(2)(A), 117(d), Oct. 6, 1978, 92 Stat. 941, 953; Pub. L. 96–533, title VII, § 702, Dec. 16, 1980, 94 Stat. 3156; Pub. L. 97–113, title III, § 311(a), title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1536, 1560.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (d), was in the original “this Act”, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables.
Amendments1981—Subsec. (b). Pub. L. 97–113, § 734(a)(1), struck out subsec. (b) which limited contributions to United Nations Development Program and restricted assistance to Cuba. See section 2370(f) of this title. Subsec. (e)(3). Pub. L. 97–113, § 734(a)(1), struck out par. (3) which required reports by the President and the General Accounting Office of their evaluation of reports of international organizations to United States representatives on those organizations. See section 2394 of this title. Subsec. (h). Pub. L. 97–113, § 311(a), added subsec. (h). 1980—Subsec. (d). Pub. L. 96–533, § 702(a), required the Comptroller General to report to Congress and the President the results of the audits. Subsec. (e)(1). Pub. L. 96–533, § 702(b)(1)–(3), substituted “organizations of external, professionally” for “organizations a single professionally”, “groups” for “group” in three places, “evaluation, and audits” for “and evaluation”, and “evaluation, or audit” for “and evaluation”. Subsec. (e)(2). Pub. L. 96–533, § 702(b)(4), (5), required audits of programs and activities and reports of professionally qualified groups to include such audits. Subsec. (e)(3). Pub. L. 96–533, § 702(b)(6), required the Comptroller General to include in the reports to Congress and the President his evaluation of the reports received by the United States representatives to the international organizations and related information. 1978—Subsec. (a). Pub. L. 95–424 substituted “section 2151t(b) of this title” for “section 2161(d) of this title”. Subsec. (g). Pub. L. 95–424 added subsec. (g). 1975—Subsec. (f). Pub. L. 94–161 added subsec. (f). 1973—Subsec. (e). Pub. L. 93–189 added subsec. (e). 1969—Subsec. (c). Pub. L. 91–175 omitted provisions dealing with Israel and Arab governments taking steps toward repatriation of refugees and the extent and success of the United Nations and Arab governments to rectify refugees relief rolls, as criteria for the President to use in determining whether to furnish assistance for such refugees through contributions to the United Nations, omitted provisions dealing with amount of contribution for the fiscal year 1967, and expanded prohibition against the inclusion of members of other guerrilla type organizations or refugees engaged in any act of terrorism. 1967—Subsec. (d). Pub. L. 90–137 added subsec. (d). 1966—Subsec. (a). Pub. L. 89–583, § 107(a), authorized in the case of the Indus Basin Development Executive grants and loans payable as to principal and interest in United States dollars and subject to the provisions of section 2161(d) of this title. Subsec. (b). Pub. L. 89–583, § 107(b), substituted “United Nations Development Program” for “United Nations Expanded Program of Technical Assistance and the United States Special Fund” and restricted economic or technical assistance to Cuba. Subsec. (c). Pub. L. 89–583, § 107(c), substituted provisions limiting contributions by the United States for fiscal year 1967 to $13,300,000, for provisions limiting contributions for calendar year 1966 to $15,200,000 and prohibited the making of contributions assisting any refugee who is receiving military training as a member of the Palestine Liberation Army. 1965—Subsec. (c). Pub. L. 89–171 limited contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East to $15,200,000 for the calendar year 1966.
Statutory Notes and Related Subsidiaries
References to Subchapter I Deemed To Include Certain Parts of Subchapter IIReferences to subchapter I of this chapter are deemed to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of this chapter, and references to subchapter II are deemed to exclude such parts. See section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title.
Use of Contributions for Projects in CubaPub. L. 91–194, title I, § 100, Feb. 9, 1970, 84 Stat. 5, provided in part: “That the President shall seek to assure that no contribution to the United Nations Development Program authorized by the Foreign Assistance Act of 1961, as amended [section 2151 et seq. of this title], shall be used for projects for economic or technical assistance to the Government of Cuba, so long as Cuba is governed by the Castro regime.” Similar provisions were contained in Pub. L. 89–691, title I, § 100, Oct. 15, 1966, 80 Stat. 1018; Pub. L. 90–249, title I, § 100, Jan. 2, 1968, 81 Stat. 936; Pub. L. 90–581, title I, § 100, Oct. 17, 1968, 82 Stat. 1137.
Executive Documents
Delegation of Functions For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title.
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