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                                                         S. Prt. 106-46


 
                     COMMITTEE ON FOREIGN RELATIONS
                  COMMITTEE ON INTERNATIONAL RELATIONS

=======================================================================


        Legislation on
        Foreign Relations
        Through 1999

                                     
[GRAPHIC] [TIFF OMITTED]CONGRESS.#15

                                     

                               MARCH 2000

                               VOLUME I-A

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                              U.S. Senate

                     U.S. House of Representatives


    Printed for the use of the Committees on Foreign Relations and 
International Relations of the Senate and the House of Representatives 
                              respectively



                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 2000
61-649 CC                                                               
                                             

_______________________________________________________________________

 For sale by the Superintendent of Documents, U.S. Government Printing 
                                 Office
                         Washington, D.C. 20402


                     COMMITTEE ON FOREIGN RELATIONS

                 JESSE HELMS, North Carolina, Chairman

RICHARD G. LUGAR, Indiana            JOSEPH R. BIDEN, Jr., Delaware
CHUCK HAGEL, Nebraska                PAUL S. SARBANES, Maryland
GORDON H. SMITH, Oregon              CHRISTOPHER J. DODD, Connecticut
ROD GRAMS, Minnesota                 JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                RUSSELL D. FEINGOLD, Wisconsin
CRAIG THOMAS, Wyoming                PAUL D. WELLSTONE, Minnesota
JOHN ASHCROFT, Missouri              BARBARA BOXER, California
BILL FRIST, Tennessee                ROBERT G. TORRICELLI, New Jersey
LINCOLN D. CHAFEE, Rhode Island

                   Stephen E. Biegun, Staff Director

                 Edwin K. Hall, Minority Staff Director

                                 ______

                  COMMITTEE ON INTERNATIONAL RELATIONS

                 BENJAMIN A. GILMAN, New York, Chairman

WILLIAM F. GOODLING, Pennsylvania    SAM GEJDENSON, Connecticut
JAMES A. LEACH, Iowa                 TOM LANTOS, California
HENRY J. HYDE, Illinois              HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska              GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey     ENI F.H. FALEOMAVAEGA, American 
DAN BURTON, Indiana                  Samoa
ELTON GALLEGLY, California           MATTHEW G. MARTINEZ, California
ILEANA ROS-LEHTINEN, Florida         DONALD M. PAYNE, New Jersey
CASS BALLENGER, North Carolina       ROBERT MENENDEZ, New Jersey
DANA ROHRABACHER, California         SHERROD BROWN, Ohio
DONALD A. MANZULLO, Illinois         CYNTHIA A. McKINNEY, Georgia
EDWARD R. ROYCE, California          ALCEE L. HASTINGS, Florida
PETER T. KING, New York              PAT DANNER, Missouri
STEVEN CHABOT, Ohio                  EARL F. HILLIARD, Alabama
MARSHALL ``MARK'' SANFORD, South     BRAD SHERMAN, California
Carolina                             ROBERT WEXLER, Florida
MATT SALMON, Arizona                 STEVEN R. ROTHMAN, New Jersey
AMO HOUGHTON, New York               JIM DAVIS, Florida
TOM CAMPBELL, California             EARL POMEROY, North Dakota
JOHN M. McHUGH, New York             WILLIAM D. DELAHUNT, Massachusetts
KEVIN BRADY, Texas                   GEORGE W. MEEKS, New York
RICHARD BURR, North Carolina         BARBARA LEE, California
PAUL E. GILLMOR, Ohio                JOSEPH CROWLEY, New York
GEORGE RADANOVICH, California        JOSEPH M. HOEFFEL, Pennsylvania
JOHN COOKSEY, Louisiana
THOMAS G. TANCREDO, Colorado

                    Richard J. Garon, Chief of Staff

          Kathleen Bertelsen Moazed, Democratic Chief of Staff

                                  (ii)

  
?

                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on International Relations of the 
House of Representatives and Foreign Relations of the Senate, 
amended to date and annotated to show pertinent history or 
cross references.
    Volumes I (A and B), II, III and IV contain legislation and 
related material and are republished with amendments and 
additions at the end of each annual session of Congress. Volume 
V, which contains treaties and related material, is revised 
periodically.
    We wish to express our appreciation to Dianne E. Rennack 
and C. Winston Woodland of the Foreign Affairs and National 
Defense Division of the Congressional Research Service of the 
Library of Congress who prepared volume I-A of this year's 
compilation.
                                           Jesse Helms,
                          Chairman, Committee on Foreign Relations.
                                           Benjamin A. Gilman,
                    Chairman, Committee on International Relations.

                                 (iii)
?

                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 1999.
    This volume sets out ``session law'' as originally enacted 
by Congress and published by the Archivist of the United States 
as ``slip law'' and later in the series United States Statutes 
at Large (as subsequently amended, if applicable). Amendments 
are incorporated into the text and distinguished by a footnote. 
Session law is organized in this series by subject matter in a 
manner designed to meet the needs of the Congress.
    Although laws enacted by Congress in the area of foreign 
relations are also codified by the Law Revision Counsel of the 
House of Representatives, typically in title 22 United States 
Code, those codifications are not positive law and are not, in 
most instances, the basis of further amendment by the Congress. 
Cross references to the United States Code are included as 
footnotes for the convenience of the reader.
    All Executive orders and State Department delegations of 
authority are codified and in force as of January 15, 2000.
    Corrections may be sent to Dianne Rennack at Library of 
Congress, Congressional Research Service, Washington D.C., 
20540-7460, or by electronic mail at drennack@crs.loc.gov.

                                  (v)
?

                             ABBREVIATIONS

Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.


                                 (vii)




                            C O N T E N T S

                               __________
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

A. FOREIGN ASSISTANCE............................................     1

 1. Foreign Assistance and Arms Export Acts......................    15
 2. Foreign Assistance Appropriations............................   652

APPENDICES.......................................................   829

INDEX............................................................   873

                                  (ix)

  
=======================================================================




                         A. FOREIGN ASSISTANCE

                                CONTENTS

                                                                   Page

1. Foreign Assistance and Arms Export Acts.......................    15
    a. The Foreign Assistance Act of 1961, as amended (Public Law 
      87-195)....................................................    15
        Part I
            Chapter 1--Policy; Development Assistance 
              Authorizations.....................................    18
                Section 101--General Policy......................    18
                Section 102--Development Assistance Policy.......    19
                Section 103--Agriculture, Rural Development, and 
                    Nutrition....................................    30
                Section 103A--Agricultural Research..............    32
                Section 104--Population and Health...............    33
                Section 105--Education and Human Resources 
                    Development..................................    38
                Section 106--Energy, Private Voluntary 
                    Organizations, and Selected Development 
                    Activities...................................    39
                Section 107--Appropriate Technology..............    42
                Section 108--Private Sector Revolving Fund.......    42
                Section 109--Transfer of Funds...................    46
                Section 110--Cost-Sharing and Funding Limits.....    47
                Section 111--Development and Use of Cooperatives.    47
                Section 113--Integrating Women Into National 
                    Economies....................................    48
                Section 116--Human Rights........................    48
                Section 117--Environment and Natural Resources...    53
                Section 118--Tropical Forests....................    54
                Section 119--Endangered Species..................    58
                Section 120--Sahel Development Program--Planning.    60
                Section 122--General Authorities.................    61
                Section 123--Private and Voluntary Organizations 
                    and Cooperatives in Overseas Development.....    62
                Section 124--Relatively Least Developed Countries    64
                Section 125--Project and Program Evaluation......    66
                Section 126--Development and Illicit Narcotics 
                    Production...................................    66
                Section 127--Accelerated Loan Repayments.........    66
                Section 128--Targeted Assistance.................    67
                Section 129--Program to Provide Technical 
                    Assistance to Foreign Governments and Foreign 
                    Central Banks of Developing or Transitional 
                    Countries....................................    67
                Section 130--Assistance for Victims of Torture...    72
            Chapter 2--Other Programs............................    72
            Title I--Multilateral and Regional Development 
              Programs...........................................    73
                Section 206--Regional Development in Africa......    73
                Section 209--Multilateral and Regional Programs..    73
            Title II--American Schools and Hospitals Abroad; 
              Prototype Desalting Plant..........................    74
                Section 214--American Schools and Hospitals 
                    Abroad.......................................    74
                Section 219--Prototype Desalting Plant...........    75
            Title III--Housing and Other Credit Guaranty Programs    76
                Section 221--Housing Guaranties..................    76
                Section 222--Authorization.......................    77
                Section 222A--Agricultural and Productive Credit 
                    and Self-Help Community Development Programs.    78
                Section 223--General Provisions..................    80
                Section 224--Trade Credit Insurance Program for 
                    Central America..............................    83
                Section 225--Trade Credit Insurance Program for 
                    Poland.......................................    84
                Section 226--Loan Guarantees to Israel Program...    86
            Title IV--Overseas Private Investment Corporation....    90
                Section 231--Creation, Purpose, and Policy.......    90
                Section 231A--Additional Requirements............    93
                Section 232--Capital of the Corporation..........    95
                Section 233--Organization and Management.........    95
                Section 234--Investment Insurance and Other 
                    Programs.....................................    97
                Section 234A--Enhancing Private Political Risk 
                    Insurance Industry...........................   103
                Section 235--Issuing Authority, Direct Investment 
                    Authority and Reserves.......................   104
                Section 236--Income and Revenues.................   107
                Section 237--General Provisions Relating to 
                    Insurance Guaranty, and Financing Program....   108
                Section 238--Definitions.........................   112
                Section 239--General Provisions and Powers.......   113
                Section 240--Small Business Development..........   116
                Section 240A--Reports to the Congress............   117
                Section 240B--Prohibition on Noncompetitive 
                    Awarding of Insurance Contracts on OPIC 
                    Supported Exports............................   118
            Title V--Disadvantaged Children in Asia..............   119
                Section 241--Assistance to Certain Disadvantaged 
                    Children in Asia.............................   119
            Title IX--Utilization of Democratic Institutions in 
              Development........................................   120
                Section 281--Utilization of Democratic 
                    Institutions in Development..................   120
            Title XII--Famine Prevention and Freedom From Hunger.   121
                Section 296--General Provisions..................   121
                Section 297--General Authority...................   123
                Section 298--Board for International Food and 
                    Agricultural Development.....................   124
                Section 299--Authorization.......................   126
                Section 300--Annual Report.......................   126
            Chapter 3--International Organizations and Programs..   126
                Section 301--General Authority...................   126
                Section 302--Authorization.......................   129
                Section 303--Indus Basin Development.............   132
                Section 305--Integration of Women................   132
                Section 306--Reports on International 
                    Organizations................................   133
                Section 307--Withholding of United States 
                    Proportionate Share for Certain Programs of 
                    International Organizations..................   133
            Chapter 5--Contingencies.............................   135
                Section 451--Contingencies.......................   135
            Chapter 6--Central America Democracy, Peace, and 
              Development Initiative.............................   136
                Section 461--Statement of Policy.................   136
                Section 462--Conditions on Furnishing Assistance.   137
                Section 463--Peace Process in Central America....   137
                Section 464--Economic Assistance Coordination....   138
                Section 465--Authorizations for Fiscal Years 1988 
                    and 1989.....................................   139
                Section 466--Definitions.........................   139
            Chapter 7--Debt-For-Nature Exchanges.................   140
                Section 461--Definition..........................   140
                Section 462--Assistance for Commercial Debt 
                    Exchanges....................................   141
                Section 463--Eligible Projects...................   141
                Section 464--Eligible Countries..................   142
                Section 465--Terms and Conditions................   142
                Section 466--Pilot Program for Sub-Saharan Africa   142
            Chapter 8--International Narcotics Control...........   143
                Section 481--Policy, General Authorities, 
                    Coordination, Foreign Police Actions, 
                    Definitions, and Other Provisions............   143
                Section 482--Authorization.......................   149
                Section 483--Prohibition on Use of Foreign 
                    Assistance for Reimbursements for Drug Crop 
                    Eradications.................................   152
                Section 484--Requirements Relating to Aircraft 
                    and Other Equipment..........................   152
                Section 485--Records of Aircraft Use.............   153
                Section 486--Reallocation of Funds Withheld from 
                    Countries Which Fail to Take Adequate Steps 
                    to Halt Illicit Drug Production or 
                    Trafficking..................................   153
                Section 487--Prohibition on Assistance to Drug 
                    Traffickers..................................   154
                Section 488--Limitations on Acquisitions of Real 
                    Property and Construction of Facilities......   155
                Section 489--Reporting Requirements..............   156
                Section 490--Annual Certification Procedures.....   160
            Chapter 9--International Disaster Assistance.........   164
                Section 491--Policy and General Authority........   164
                Section 492--Authorization.......................   164
                Section 493--Disaster Assistance--Coordination...   165
                Section 494--Disaster Relief Assistance..........   165
                Section 495--Cyprus Relief and Rehabilitation....   165
                Section 495B--Italy Relief and Rehabilitation....   166
                Section 495C--Lebanon Relief and Rehabilitation..   167
                Section 495D--Romanian Relief and Rehabilitation.   167
                Section 495E--Turkey Relief, Rehabilitation, and 
                    Reconstruction...............................   168
                Section 495F--African Rehabilitation and 
                    Resettlement.................................   168
                Section 495G--Special Caribbean Hurricane Relief 
                    Assistance...................................   169
                Section 495H--Cambodian Disaster Relief 
                    Assistance...................................   169
                Section 495I--Assistance for Displaced Persons in 
                    Central America..............................   170
                Section 495J--Lebanon Emergency Relief, 
                    Rehabilitation, and Reconstruction Assistance   171
                Section 495K--African Famine Assistance..........   171
            Chapter 10--Development Fund for Africa..............   172
                Section 496--Long-Term Development Assistance for 
                    Sub-Saharan Africa...........................   172
                Section 497--Authorizations of Appropriations for 
                    the Development Fund for Africa..............   177
            Chapter 11--Support for the Economic and Democratic 
              Development of the Independent States of the Former 
              Soviet Union.......................................   178
                Section 498--Assistance for the Independent 
                    States.......................................   178
                Section 498A--Criteria for Assistance to 
                    Governments of the Independent States........   180
                Section 498B--Authorities Relating to Assistance 
                    and Other Provisions.........................   184
                Section 498C--Authorization of Appropriations....   187
            Chapter 12--Support for the Economic and Political 
              Independence of the Countries of the South Caucasus 
              and Central Asia...................................   190
                Section 499--United States Assistance to Promote 
                    Reconciliation and Recovery from Regional 
                    Conflicts....................................   190
                Section 499A--Economic Assistance................   191
                Section 499B--Development of Infrastructure......   191
                Section 499C--Border Control Assistance..........   192
                Section 499D--Strengthening Democracy, Tolerance, 
                    and the Development of Civil Society.........   192
                Section 499E--Administrative Authorities.........   193
                Section 499F--Definitions........................   193
        Part II
            Chapter 1--Policy....................................   193
                Section 501--Statement of Policy.................   193
                Section 502--Utilization of Defense Articles and 
                    Services.....................................   195
                Section 502B--Human Rights.......................   195
            Chapter 2--Military Assistance.......................   200
                Section 503--General Authority...................   200
                Section 504--Authorization.......................   202
                Section 505--Conditions of Eligibility...........   202
                Section 506--Special Authority...................   207
                Section 511--Considerations in Furnishing 
                    Military Assistance..........................   210
                Section 514--Stockpiling of Defense Articles for 
                    Foreign Countries............................   210
                Section 515--Overseas Management of Assistance 
                    and Sales Programs...........................   213
                Section 516--Authority to Transfer Excess Defense 
                    Articles.....................................   214
                Section 517--Designation of Major Non-NATO Allies   218
            Chapter 3--Foreign Military Sales....................   219
                Section 524--Reimbursements......................   219
            Chapter 4--Economic Support Fund.....................   220
                Section 531--Authority...........................   220
                Section 532--Authorizations of Appropriations....   222
                Section 533--Emergency Assistance................   223
                Section 534--Administration of Justice...........   224
            Chapter 5--International Military Education and 
              Training...........................................   225
                Section 541--General Authority...................   225
                Section 542--Authorization.......................   226
                Section 543--Purposes............................   227
                Section 544--Exchange Training...................   227
                Section 545--Training in Maritime Skills.........   228
                Section 546-- Prohibition on Grant Assistance for 
                    Certain High Income Foreign Countries........   228
            Chapter 6--Peacekeeping Operations...................   228
                Section 551--General Authority...................   228
                Section 552--Authorization of Appropriations.....   228
                Section 553--Administrative Authorities..........   230
                Section 554--Data on Costs Incurred in Support of 
                    United Nations Peacekeepig Operations........   230
            Chapter 7--Air Base Construction in Israel...........   230
                Section 561--General Authority...................   230
                Section 562--Authorization and Utilization of 
                    Funds........................................   231
                Section 563--Waiver Authorities..................   231
            Chapter 8--Antiterrorism Assistance..................   232
                Section 571--General Authority...................   232
                Section 572--Purposes............................   232
                Section 573--Limitations.........................   232
                Section 574--Authorizations of Appropriations....   234
                Section 575--Administrative Authorities..........   235
        Part III
            Chapter 1--General Provisions........................   235
                Section 601--Encouragement of Free Enterprise and 
                    Private Participation........................   235
                Section 602--Small Business......................   238
                Section 603--Shipping on United States Vessels...   238
                Section 604--Procurement.........................   238
                Section 605--Retention and Use of Certain Items 
                    and Funds....................................   240
                Section 606--Patents and Technical Information...   241
                Section 607--Furnishing of Services and 
                    Commodities..................................   242
                Section 608--Advance Acquisition of Property.....   244
                Section 610--Transfer Between Accounts...........   245
                Section 611--Completion of Plans and Cost 
                    Estimates....................................   246
                Section 612--Use of Foreign Currencies...........   247
                Section 613--Accounting, Valuation, Reporting, 
                    and Administration of Foreign Currencies.....   249
                Section 614--Special Authorities.................   250
                Section 615--Contract Authority..................   252
                Section 616--Availability of Funds...............   252
                Section 617--Termination of Assistance...........   252
                Section 620--Prohibitions Against Furnishing 
                    Assistance...................................   252
                Section 620A--Prohibition on Assistance to 
                    Governments Supporting International 
                    Terrorism....................................   263
                Section 620C--United States Policy Regarding the 
                    Eastern Mediterranean........................   266
                Section 620D--Prohibition on Assistance to 
                    Afghanistan..................................   268
                Section 620E--Assistance to Pakistan.............   269
                Section 620F--Nuclear Non-Proliferation Policy in 
                    South Asia...................................   272
                Section 620G--Prohibition on Assistance to 
                    Countries That Aid Terrorist States..........   273
                Section 620G--Depleted Uranium Ammunition........   274
                Section 620H--Prohibition on Assistance to 
                    Countries That Provide Military Equipment to 
                    Terrorist States.............................   274
                Section 620I--Prohibition on Assistance to 
                    Countries That Restrict United States 
                    Humanitarian Assistance......................   275
            Chapter 2--Administrative Provisions.................   276
                Section 621--Exercise of Functions...............   276
                Section 621A--Strengthened Management Practices..   277
                Section 622--Coordination With Foreign Policy....   277
                Section 623--The Secretary of Defense............   278
                Section 624--Statutory Officers..................   278
                Section 625--Employment of Personnel.............   279
                Section 626--Experts, Consultants, and Retired 
                    Officers.....................................   281
                Section 627--Detail of Personnel to Foreign 
                    Governments..................................   282
                Section 628--Detail of Personnel to International 
                    Organizations................................   282
                Section 629--Status of Personnel Detailed........   283
                Section 630--Terms of Detail or Assignment.......   283
                Section 631--Missions and Staffs Abroad..........   284
                Section 632--Allocation and Reimbursement Among 
                    Agencies.....................................   285
                Section 633--Waivers of Certain Laws.............   287
                Section 633A--Furnishing Information.............   287
                Section 634--Annual Report.......................   287
                Section 634A--Notification of Program Changes....   290
                Section 634B--Classification of Reports..........   291
                Section 635--General Authorities.................   291
                Section 636--Provisions on Uses of Funds.........   293
                Section 637--Administrative Expenses.............   298
                Section 638--Exclusions..........................   298
                Section 640A--False Claims and Ineligible 
                    Commodities..................................   299
                Section 640B--Coordination.......................   300
                Section 640C--Shipping Differential..............   301
            Chapter 3--Miscellaneous Provisions..................   301
                Section 641--Effective Date and Identification of 
                    Programs.....................................   301
                Section 642--Statutes Repealed...................   301
                Section 643--Saving Provisions...................   302
                Section 644--Definitions.........................   302
                Section 645--Unexpended Balances.................   305
                Section 646--Construction........................   305
                Section 647--Dependable Fuel Supply..............   305
                Section 648--Special Authorization for Use of 
                    Foreign Currencies...........................   306
                Section 650--Use of United States Armed Forces...   306
                Section 652--Limitation Upon Exercise of Special 
                    Authorities..................................   306
                Section 653--Change in Allocation of Foreign 
                    Assistance...................................   307
                Section 654--Presidential Findings and 
                    Determinations...............................   308
                Section 655--Annual Military Assistance Report...   308
                Section 656--Annual Foreign Military Training 
                    Report.......................................   309
                Section 660--Prohibiting Police Training.........   310
                Section 661--Trade and Development Agency........   312
                Section 663--Exchanges of Certain Materials......   316
                Section 666--Discrimination Against United States 
                    Personnel....................................   316
                Section 667--Operating Expenses..................   317
        Part IV
            Enterprise for the Americas Initiative...............   318
                Section 701--Purpose.............................   318
                Section 702--Definitions.........................   318
                Section 703--Eligibilty for Benefits.............   319
                Section 704--Reduction of Certain Debt...........   320
                Section 705--Repayment of Principal..............   321
                Section 706--Interest on New Obligations.........   321
                Section 707--Enterprise for the Americas Funds...   321
                Section 708--Americas Framework Agreements.......   322
                Section 709--Enterprise for the Americas Board...   324
                Section 710--Annual Reports to the Congress......   324
        Part V
            Debt Reduction for Developing Countries with Tropical 
              Forests............................................   324
                Section 801--Short Title.........................   324
                Section 802--Findings and Purposes...............   325
                Section 803--Definitions.........................   326
                Section 804--Establishment of the Facility.......   327
                Section 805--Eligiblity for Benefits.............   327
                Section 806--Reduction of Debt Owed to the United 
                    States As a Result of Concessional Loans 
                    Under the Foreign Assistance Act of 1961.....   327
                Section 807--Reduction of Debt Owed to the United 
                    States As a Result of Credits Extended Under 
                    Title I of the Agricultural Trade Development 
                    and Assistance Act of 1954...................   328
                Section 808--Authority to Engage in Debt-for-
                    Nature Swaps and Debt Buybacks...............   329
                Section 809--Tropical Forest Agreement...........   331
                Section 810--Tropical Forest Fund................   332
                Section 811--Board...............................   333
                Section 812--Consultations with the Congress.....   334
                Section 813--Annual Reports to the Congress......   334
    b. Arms Export Control Act (Public Law 90-629)...............   335
    c. International Debt Relief (Public Law 106-113) (partial 
      text)......................................................   446
    d. Security Assistance Act of 1999 (Public Law 106-113) 
      (partial text).............................................   451
    e. Defense Offsets Disclosure Act of 1999 (Public Law 106-
      113) (partial text)........................................   455
    f. International Arms Sales Code of Conduct Act of 1999 
      (Public Law 106-113) (partial text)........................   461
    g. Torture Victims Relief....................................   463
            (1) Torture Victims Relief Reauthorization Act of 
              1999 (Public Law 106-87)...........................   463
            (2) Torture Victims Relief Act of 1998 (Public Law 
              105-320) (partial text)............................   465
    h. India-Pakistan Act of 1998 (Public Law 105-277)...........   469
    i. Agriculture Export Relief Act of 1998 (Public Law 105-194)   470
    j. Miscellaneous Authorization--Fiscal Years 1996 and 1997 
      (Public Law 104-164) (partial text)........................   471
    k. Jobs Through Trade Export Act of 1994 (Public Law 103-392) 
      (partial text).............................................   474
    l. Jobs Through Export Act of 1992 (Public Law 102-549)......   476
    m. Overseas Private Investment Corporation Amendments Act of 
      1988 (Public Law 100-461) (partial text)...................   485
    n. Special Foreign Assistance Act of 1986 (Public Law 99-529) 
      (partial text).............................................   487
    o. International Security and Development Cooperation Act of 
      1985 (Public Law 99-83) (partial text).....................   493
            Section 1--Short Title and Table of Contents.........   493
        Title I--Military Assistance and Sales and Related 
          Programs...............................................   493
            Section 101--Foreign Military Sales Credits..........   493
            Section 106--Guaranty Reserve Fund...................   495
            Section 129--Conventional Arms Transfers.............   495
            Section 130--Foreign Military Sales for Jordan.......   496
            Section 131--Certification Concerning AWACS Sold to 
              Saudi Arabia.......................................   497
            Section 132--Cooperative Agreements on Air Defense in 
              Central Europe.....................................   498
        Title II--Economic Support Fund..........................   500
            Section 202--Assistance for the Middle East..........   500
            Section 203--Assistance for Cyprus...................   501
            Section 204--Assistance for Portugal.................   502
            Section 205--Acquisition of Agricultural Commodities 
              Under Commodity Import Programs....................   502
            Section 206--Tied Aid Credit Program.................   502
            Section 207--Restriction on Use of Funds for Nuclear 
              Facilities.........................................   502
            Section 208--Fiscal Year 1985 Supplemental 
              Authorization......................................   503
        Title III--Development Assistance........................   503
            Section 305--Promotion of Immunization and Oral 
              Rehydration........................................   503
            Section 311--Use of Private and Voluntary 
              Organizations, Cooperatives, and the Private Sector   503
            Section 315--Minority Set-Aside......................   504
        Title IV--Other Foreign Assistance Programs..............   504
            Section 402--Voluntary Contributions to International 
              Organizations and Programs.........................   504
        Title V--International Terrorism and Foreign Airport 
          Security...............................................   504
                Part A--International Terrorism Generally
            Section 502--Coordination of All United States 
              Terrorism-Related Assistance to Foreign Countries..   505
            Section 504--Prohibition on Imports From and Exports 
              to Libya...........................................   505
            Section 505--Ban on Importing Goods and Services from 
              Countries Supporting Terrorism.....................   506
            Section 506--International Anti-Terrorism Committee..   506
            Section 507--International Terrorism Control Treaty..   506
            Section 508--State Terrorism.........................   507
                Part B--Foreign Airport Security
            Section 551--Security Standards for Foreign Air 
              Transportation.....................................   507
            Section 554--Enforcement of International Civil 
              Aviation Organization Standards....................   507
            Section 555--International Civil Aviation Boycott of 
              Countries Supporting International Terrorism.......   507
            Section 557--Research on Airport Security Techniques 
              for Detecting Explosives...........................   508
            Section 558--Hijacking of TWA Flight 847 and Other 
              Acts of Terrorism..................................   508
            Section 559--Effective Date..........................   508
        Title VI--International Narcotics Control................   508
            Section 607--Procurement of Weapons to Defend 
              Aircraft Involved in Narcotics Control Efforts.....   508
            Section 610--Assistance for Jamaica..................   509
            Section 611--Assistance for Bolivia..................   509
            Section 612--Assistance to Peru......................   510
            Section 613--Reallocation of Funds if Conditions Not 
              Met................................................   511
            Section 615--Latin American Regional Narcotics 
              Control Organization...............................   511
            Section 616--Greater Effort by United States Armed 
              Forces to Support Narcotics Control Efforts Abroad.   511
            Section 617--Cuban Drug Trafficking..................   511
            Section 619--Drug Trafficking and the Problem of 
              Total Confidentiality of Certain Foreign Bank 
              Accounts...........................................   513
        Title VII--Western Hemisphere............................   513
            Section 702--El Salvador.............................   513
            Section 703--Assistance for Guatemala................   516
            Section 704--Refugees in Honduras....................   518
            Section 705--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   518
            Section 706--Military Assistance for Paraguay........   519
            Section 707--Assistance for Peru.....................   520
            Section 709--Comprehensive Reports on Assistance for 
              Latin America and the Caribbean....................   520
            Section 710--Use of Private and Voluntary 
              Organizations......................................   521
            Section 713--Use of Employee Stock Ownership Plans in 
              Development Efforts................................   521
            Section 714--International Advisory Commission for 
              the Caribbean Region...............................   522
            Section 716--Rural Electrification...................   523
            Section 717--Facilitating International Commerce 
              Through Mexico.....................................   523
            Section 718--Condemning Human Rights Violations and 
              the Subversion of Other Governments by the 
              Government of Cuba.................................   524
            Section 719--Reports on Foreign Debt in Latin America   524
            Section 720--Economic Assistance for Uruguay.........   525
            Section 721--Canadian Exports to the United States...   525
            Section 722--Nicaragua...............................   526
        Title VIII--Africa.......................................   535
            Section 801--Balance-of-Payments Support for 
              Countries in Africa................................   535
            Section 802--Economic Support Assistance for Southern 
              Africa.............................................   536
            Section 803--Policy Toward South African 
              ``Homelands''......................................   537
            Section 804--Assistance for Zaire....................   538
            Section 805--Assistance for Tunisia..................   538
            Section 806--Political Settlement in Sudan...........   539
            Section 807--Elections in Liberia....................   539
            Section 808--Western Sahara..........................   539
            Section 813--Assistance for the People's Republic of 
              Mozambique.........................................   540
        Title IX--Asia...........................................   541
            Section 901--The Philippines.........................   541
            Section 903--Disadvantaged Children in Asia..........   542
            Section 904--Assistance for Afghanistan..............   543
            Section 905--Assistance for the Cambodian People.....   543
            Section 906--Prohibition on Certain Assistance for 
              the Khmer Rouge....................................   543
            Section 907--Political Settlement in Sri Lanka.......   543
            Section 908--United States Policy Toward the Republic 
              of Korea...........................................   544
        Title X--Food and Agricultural Assistance................   545
            Section 1008--Long-Term Agricultural Commodity 
              Agreements with Food Deficit Countries.............   545
        Title XI--Peace Corps....................................   545
            Section 1103--Limitation on Length of Peace Corps 
              Employment.........................................   545
            Section 1104--Peace Corps National Advisory Council..   545
        Title XII--Miscellaneous Provisions Relating to Foreign 
          Assistance.............................................   545
            Section 1205--Reports on Economic Conditions in 
              Certain Countries..................................   545
            Section 1206--Egyptian-Israeli Relations.............   546
            Section 1210--Report on United States Assistance to 
              Coal Exporting Nations.............................   546
        Title XIII--Miscellaneous Provisions.....................   546
            Section 1301--Effective Date.........................   546
            Section 1302--Codification of Policy Prohibiting 
              Negotiations with the Palestine Liberation 
              Organization.......................................   546
            Section 1303--Commission for the Preservation of 
              America's Heritage Abroad..........................   547
            Section 1304--Federal Coal Export Commission.........   549
    p. International Security and Development Assistance 
      Authorization Act of 1983 (Public Law 98-151) (partial 
      text)......................................................   551
    q. International Security and Development Cooperation Act of 
      1981 (Public Law 97-113) (partial text)....................   555
            Section 1--Short Title...............................   555
        Title I--Military Sales and Related Programs.............   555
            Section 108--Special Defense Acquisition Fund........   555
        Title II--Economic Support Fund..........................   556
            Section 203--Acquisition of Agricultural Commodities 
              and Related Products Under Commodity Import 
              Programs...........................................   556
        Title III--Development Assistance........................   556
            Section 301--Agriculture, Rural Development, and 
              Nutrition..........................................   556
        Title IV--Food for Peace Programs........................   557
            Section 403--Self-Help Measures To Increase 
              Agricultural Production; Verification of Self-Help 
              Provisions.........................................   557
        Title V--Other Assistance Programs.......................   557
            Section 502--International Narcotics Control.........   557
        Title VI--Peace Corps....................................   558
            Section 601--Establishment as an Independent Agency..   558
            Section 604--Restoration of Certain Authorities 
              Formerly Contained in the Foreign Service Act......   558
        Title VII--Miscellaneous Provisions......................   558
            Section 705--Inspector General.......................   558
            Section 708--Emergency Humanitarian Help for the 
              People of Poland...................................   558
            Section 709--Use of Certain Polish Currencies........   559
            Section 710--Findings Regarding Global Security......   559
            Section 711--World Food Security Reserves............   559
            Section 712--Findings and Declaration of Policy 
              Regarding World Hunger.............................   560
            Section 713--Reaffirmation of Support for Human 
              Rights Provisions..................................   560
            Section 714--Immigrant Visas for Taiwan..............   560
            Section 715--Lebanon.................................   560
            Section 716--Use of Chemical and Toxic Weapons.......   561
            Section 717--Financial Obligations to the United 
              Nations............................................   562
            Section 718--Condemnation of Libya for its Support of 
              International Terrorist Movements..................   562
            Section 719--United States Citizens Acting in the 
              Service of International Terrorism.................   563
            Section 720--Nonaligned Countries....................   563
            Section 721--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   564
            Section 722--Comprehensive Analysis of Foreign 
              Assistance.........................................   564
            Section 723--External Debt Burdens of Egypt, Israel, 
              and Turkey.........................................   565
            Section 724--Nicaragua...............................   565
            Section 726--Repeal of Limitations on Assistance, 
              Sales and Sales Credits for Chile..................   566
            Section 727--Assistance for El Salvador..............   567
            Section 728--Restrictions on Military Assistance and 
              Sales to El Salvador...............................   568
            Section 729--Reporting Requirement Relating to El 
              Salvador...........................................   570
            Section 730--Restrictions on Aid to El Salvador......   571
            Section 731--El Salvadoran Refugees..................   571
            Section 734--Repeals.................................   571
            Section 735--Report on Nuclear Activities............   571
            Section 737--Prohibitions Relating to Nuclear 
              Transfers and Nuclear Detonations..................   572
    r. International Security and Development Cooperation Act of 
      1980 (Public Law 96-533) (partial text)....................   573
            Section 1--Short Title...............................   573
        Title I--Military and Related Assistance and Sales 
          Programs...............................................   573
            Section 106--Foreign Military Sales Authorization and 
              Aggregate Ceiling..................................   573
            Section 110--Exportation of Uranium Depleted in the 
              Isotope 235........................................   574
            Section 119--Prohibition on Military Assistance to 
              Nicaragua..........................................   575
        Title III--Development Assistance Programs...............   575
            Section 313--Assistance to the Eastern Caribbean.....   575
            Section 314--Assistance for Equatorial Guinea........   575
            Section 315--Caribbean Development Bank..............   575
            Section 316--World Hunger............................   575
            Section 317--Reduction of Postharvest Losses of Food.   576
        Title IV--Other Assistance Programs......................   576
            Section 402--International Narcotics Control.........   576
            Section 408--East Timor..............................   577
        Title V--African Development Foundation..................   577
            Section 501--Short Title.............................   577
            Section 502--Findings................................   577
            Section 503--Establishment...........................   577
            Section 504--Purposes................................   578
            Section 505--Functions...............................   578
            Section 506--Powers..................................   579
            Section 507--Management..............................   580
            Section 508--Government Corporation Control Act......   581
            Section 509--Limitation on Spending Authority........   581
            Section 510--Authorization of Appropriations.........   581
        Title VII--Miscellaneous Provisions......................   582
            Section 710--Interagency Group on Human Rights and 
              Foreign Assistance.................................   582
            Section 711--Peace in the Middle East................   582
            Section 712--Assistance for Jordan...................   583
            Section 715--Cuban Refugees..........................   583
            Section 716--Incarceration and Deportation of Certain 
              Cubans.............................................   584
            Section 717--Prohibition on Assistance to the 
              Governments of Cuba, Vietnam, and Cambodia.........   584
            Section 718--Cooperation of Other Governments in the 
              Boycott of the 1980 Summer Olympic Games in Moscow.   584
            Section 719--Elections in Uganda.....................   584
    s. International Security Assistance Act of 1979 (Public Law 
      96-92) (partial text)......................................   586
            Section 1--Short Title...............................   586
            Section 17--Authorization and Aggregate Ceiling for 
              Foreign Military Sales Credits.....................   586
            Section 23--Transfer of War Reserve Material and 
              Other Property to Taiwan...........................   587
            Section 24--Ammunition Sold to Thailand..............   587
            Section 26--Shaba Airlift............................   587
            Section 27--Fiscal Year 1979 Supplemental 
              Authorization for Turkey...........................   588
    t. International Development Cooperation Act of 1979 (Public 
      Law 96-53) (partial text)..................................   589
            Section 1--Short Title...............................   589
        Title I--Development Assistance..........................   589
            Section 114--International Organizations and Programs   589
            Section 125--Assistance to Latin American and 
              Caribbean Countries................................   590
            Section 126--Increased Contributions for Development 
              Assistance.........................................   590
        Title IV--Institute for Scientific and Technological 
          Cooperation............................................   590
            Section 401--Statement of Policy.....................   590
            Section 402--Purposes and Establishment of the 
              Institute..........................................   591
            Section 403--Functions of the Institute..............   591
            Section 404--General Authorities.....................   592
            Section 405--Director of the Institute...............   593
            Section 406--Deputy Director and Other Statutory 
              Officers...........................................   593
            Section 407--Council on International Scientific and 
              Technological Cooperation..........................   593
            Section 408--Institute Fellowships...................   595
            Section 409--Conflict of Interest....................   596
            Section 410--Authorization of Appropriations.........   596
            Section 412--Conforming Amendments...................   596
            Section 413--Establishment in International 
              Development Cooperation Agency.....................   597
            Section 414--Expiration of Authorities...............   597
        Title V--Miscellaneous Provisions........................   597
            Section 501--Earmarking for Lebanon of Unobligated 
              Balances in the Middle East Special Requirements 
              Fund...............................................   597
            Section 502--Military Assistance to Sudan............   597
            Section 507--Nonproliferation of Nuclear Weapons.....   598
            Section 509--Refugee Crisis in Southeast Asia........   598
            Section 510--Certain Travel Expenses.................   599
            Section 512--Effective Dates.........................   599
    u. International Development and Food Assistance Act of 1978 
      (Public Law 95-424) (partial text).........................   600
            Section 1--Short Title...............................   600
        Title I--Development Assistance..........................   600
            Section 117--International Organizations and Programs   600
            Section 120--Locust Plagues Control in Africa........   601
            Section 122--African Development Foundation..........   601
        Title III--Coordination and Administration of the 
          Development-Related Programs and Policies of the United 
          States.................................................   601
            Section 301--Declaration of Objectives...............   601
            Section 302--Implementation of Objectives............   602
        Title IV--Unified Personnel System.......................   602
            Section 401--Establishment of a Unified Personnel 
              System.............................................   602
        Title VI--Miscellaneous Provisions.......................   603
            Section 601--Reduction of Authorization..............   603
            Section 602--Prohibition of Assistance to Vietnam, 
              Cambodia, and Cuba.................................   603
            Section 603--Reports to Congress on Debt Relief 
              Agreements.........................................   603
            Section 604--Miscellaneous Repeals...................   603
            Section 605--Effective Date..........................   603
    v. International Security Assistance Act of 1978 (Public Law 
      95-384) (partial text).....................................   604
            Section 1--Short Title...............................   604
            Section 13--United States Policy Regarding the 
              Eastern Mediterranean..............................   604
            Section 23--Special Security Assistance Program for 
              the Modernization of the Armed Forces of the 
              Republic of Korea..................................   605
            Section 26--United States-Republic of China Mutual 
              Defense Treaty.....................................   606
            Section 28--Negotiations Between Israel and Egypt....   607
            Section 30--Savings Provision........................   607
    w. International Development and Food Assistance Act of 1977 
      (Public Law 95-88) (partial text)..........................   608
            Section 1--Short Title...............................   608
        Title I--International Development Assistance............   608
            Section 124--Inspector General, Foreign Assistance...   608
            Section 131--Future United States Development 
              Assistance.........................................   609
            Section 132--Limitation on Use of Funds; Missing in 
              Action in Vietnam..................................   609
            Section 133--Plan for Increased Minority Business 
              Participation in Foreign Assistance Activities.....   609
            Section 215--Effective Date..........................   611
    x. International Security Assistance Act of 1977 (Public Law 
      95-92) (partial text)......................................   612
            Section 1--Short Title...............................   612
            Section 9--Security Supporting Assistance Program for 
              Egypt..............................................   612
            Section 21--Fiscal Year Authorizations and 
              Limitations........................................   613
            Section 24--Study of Technology Transfers............   613
            Section 26--Policy Statement on United States Arms 
              Sales to Israel....................................   614
            Section 27--Review of Arms Sales Controls on Non-
              Lethal Items.......................................   614
            Section 28--Republic of Korea........................   614
            Section 29--Piaster Conversion.......................   614
    y. International Security Assistance and Arms Export Control 
      Act of 1976 (Public Law 94-329) (partial text).............   615
            Section 106--International Military Education and 
              Training...........................................   615
            Section 201--Arms Sales Policy.......................   616
            Section 212--Control of Licenses with Respect to Arms 
              Exports and Imports................................   616
            Section 407--Control of Military Forces in the Indian 
              Ocean..............................................   617
            Section 408--United States Citizens Imprisoned in 
              Mexico.............................................   617
            Section 409--Emergency Food Needs of Portugal........   617
            Section 410--Strife in Lebanon.......................   618
            Section 412--Korea...................................   618
            Section 413--Repeal of Indochina Assistance..........   618
            Section 506--Interim Quarter Authorizations..........   619
        Title VI--Miscellaneous Provision........................   619
            Section 601--Expedited Procedure in the Senate.......   619
            Section 602--Procurements from Small Businesses......   621
            Section 605--Use of Personnel........................   621
            Section 607--Extortion and Illegal Payments..........   621
            Section 608--Extension of Airport at Pinecreek, 
              Minnesota..........................................   622
    z. International Development and Food Assistance Act of 1975 
      (Public Law 94-161) (partial text).........................   623
            Section 320--Limitation on Assistance to Chile.......   623
            Section 321--Settlement of Debt Owed the United 
              States.............................................   623
            Section 322--Participation by Other Countries in 
              Providing Assistance to Israel or Egypt............   624
    aa. Foreign Assistance Act of 1974 (Public Law 93-559) 
      (partial text).............................................   625
            Section 28--Famine or Disaster Relief................   626
            Section 47--Gorgas Memorial Institute................   626
            Section 48--International Commission of Control and 
              Supervision in Vietnam.............................   626
            Section 50--Policy on the Independence of Angola, 
              Mozambique, and Guinea-Bissau......................   627
            Section 51--Conventional Arms Trade..................   628
            Section 52--Involvement of Puerto Rico in the 
              Caribbean Development Bank.........................   628
            Section 55--Policy With Respect to Countries Most 
              Seriously Affected by Food Shortages...............   629
            Section 56--Repayment of Loans in Default............   630
    bb. Foreign Assistance Act of 1973 (Public Law 93-189) 
      (partial text).............................................   631
            Section 28--Asian Development Bank...................   631
            Section 30--Termination of Indochina War.............   631
            Section 31--Limitation on Use of Funds...............   631
            Section 32--Political Prisoners......................   632
            Section 33--Albert Schweitzer Hospital...............   632
            Section 34--Prisoners of War and Individuals Missing 
              in Action..........................................   632
            Section 35--Rights in Chile..........................   633
            Section 36--Revision of Social Progress Trust Fund 
              Agreement..........................................   633
            Section 39--World Food Shortages.....................   634
            Section 40--Use of Local Currencies..................   635
    cc. Foreign Assistance Act of 1971 (Public Law 92-226) 
      (partial text).............................................   636
            Section 2--Food for Peace Program....................   636
            Section 403--Position of Under Secretary of State for 
              Coordinating Security Assistance...................   636
            Section 407--Periodic Authorizations for State and 
              USIA...............................................   637
            Section 410--Limitation on United Nations Assessment 
              of United States...................................   637
    dd. Special Foreign Assistance Act of 1971, as amended 
      (Public Law 91-652) (partial text).........................   638
            Section 2--Authorization of Appropriations...........   638
            Section 3--Transfer of Defense Articles to Korea.....   638
            Section 4--Transfer Limitations......................   638
            Section 6--Foreign Currencies Held in Pakistan.......   639
            Section 7--Limitation on Assistance to Cambodia......   639
    ee. Foreign Military Sales Act Amendments, 1971 (Public Law 
      91-672) (partial text).....................................   640
    ff. Foreign Assistance Act of 1969, as amended (Public Law 
      91-175) (partial text).....................................   643
    gg. Foreign Assistance Act of 1968 (Public Law 90-554) 
      (partial text).............................................   644
        Part V--Reappraisal of Foreign Assistance Programs.......   644
    hh. Foreign Assistance Act of 1967 (Public Law 90-137).......   646
    ii. Foreign Assistance Act of 1966 (Public Law 89-583).......   647
    jj. Foreign Assistance Act of 1965 (Public Law 89-171).......   648
    kk. Foreign Assistance Act of 1964 (Public Law 88-633) 
      (partial text).............................................   649
        Part V--Religious Persecution............................   649
    ll. Foreign Assistance Act of 1963 (Public Law 88-205).......   650
    mm. Foreign Assistance Act of 1962 (Public Law 87-565).......   651
2. Foreign Assistance Appropriations.............................   652
    a. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2000 (Public Law 106-113) (partial 
      text)......................................................   652
    b. Miscellaneous Appropriations, 2000 (Public Law 106-113) 
      (partial text).............................................   731
    c. Continuing Appropriations, Fiscal Year 2000 (Public Law 
      106-62)....................................................   741
    d. 1999 Emergency Supplemental Appropriations Act (Public Law 
      106-31) (partial text).....................................   746
    e. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1999 (Public Law 105-277) (partial 
      text)......................................................   763
    f. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1997 (Public Law 104-208) (partial 
      text)......................................................   771
    g. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1996 (Public Law 104-107)..............   778
    h. Mexican Debt Disclosure Act of 1995 (Public Law 104-6) 
      (partial text).............................................   780
    i. Foreign Operations, Export Financing, and Related Programs 
      Supplemental Appropriations Act, 1994 (Public Law 103-306) 
      (partial text).............................................   784
    j. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1993 (Public Law 102-391) (partial 
      text)......................................................   786
    k. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1991 (Public Law 101-513) (partial 
      text)......................................................   790
    l. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1990 (Public Law 101-167) (partial 
      text)......................................................   801
    m. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1988 (Public Law 100-202) (partial 
      text)......................................................   815
    n. Foreign Assistance and Related Programs Appropriations 
      Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
      151) (partial text)........................................   820
    o. Title 31, United States Code--Valid Obligations...........   822


          Note.--Volume I is printed in two parts, I-A and I-B, 
        effective 1994. Volume I-B contains legislation and 
        Executive orders relating to other foreign assistance 
        matters, the armed forces, agricultural commodities, 
        and the Peace Corps.


=======================================================================

              1. Foreign Assistance and Arms Export Acts*

           a. The Foreign Assistance Act of 1961, as Amended

Public Law 87-195 [S. 1983], 75 Stat. 424, approved September 4, 1961, 
    as amended by Public Law 87-565 [Foreign Assistance Act of 1962, S. 
    2996], 76 Stat. 255, approved August 1, 1962; Public Law 87-793 
    [Postal Service and Federal Employees Salary Act of 1962, H.R. 
    7927], 76 Stat. 832, approved October 11, 1962; Public Law 88-205 
    [H.R. 7885], 77 Stat. 379, approved December 16, 1963; Public Law 
    88-426 [Government Employees Salary Reform Act of 1964, H.R. 
    11049], 78 Stat. 400, approved August 14, 1964; Public Law 88-448 
    [Dual Compensation Act, H.R. 7381], 78 Stat. 484, approved August 
    19, 1964; Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved 
    October 7, 1964; Public Law 88-638 [Amendments to Agricultural 
    Trade Development and Assistance Act of 1954, as amended; S. 2687], 
    78 Stat. 1035, approved October 8, 1964; Public Law 89-171 [H.R. 
    7750], 79 Stat. 653, approved September 6, 1965; Public Law 89-371 
    [H.R. 12169], 80 Stat. 74, approved March 18, 1966; Public Law 89-
    583 [H.R. 15750], 80 Stat. 795, approved September 19, 1966; Public 
    Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967; 
    Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved October 8, 
    1968; Public Law 90-629 [Foreign Military Sales Act, H.R. 15681], 
    82 Stat. 1320, approved October 22, 1968; Public Law 91-175 [H.R. 
    14580], 83 Stat. 805, approved December 30, 1969; Public Law 91-652 
    [Special Foreign Assistance Act of 1971, H.R. 19911], 84 Stat. 
    1942, approved January 5, 1971; Public Law 92-226 [S. 2819], 86 
    Stat. 20, approved February 7, 1972; Public Law 92-352 [Foreign 
    Relations Authorization Act of 1972, H.R. 14734], 86 Stat. 489, 
    approved July 13, 1972; Public Law 93-189 [S. 1443], 87 Stat. 714, 
    approved December 17, 1973; Public Law 93-333 [Foreign Disaster 
    Assistance Act of 1974, H.R. 12412], 88 Stat. 290, approved July 8, 
    1974; Public Law 93-390 [Overseas Private Investment Corporation 
    Amendments Act of 1974, S. 2957], 88 Stat. 763, approved August 27, 
    1974; Public Law 93-559 [S. 3394], 88 Stat. 1795, approved December 
    30, 1974; Public Law 94-104 [S. 2230], 89 Stat. 508, approved 
    October 6, 1975; Public Law 94-161 [International Development and 
    Food Assistance Act of 1975, H.R. 9005], 89 Stat. 849, approved 
    December 20, 1975; Public Law 94-273 [Fiscal Year Adjustment Act, 
    S. 2445], 90 Stat. 375, approved April 21, 1976, Public Law 94-276 
    [Guatemala Relief and Rehabilitation Act of 1976, S. 3056], 90 
    Stat. 397, approved April 21, 1976; Public Law 94-329 
    [International Security Assistance and Arms Export Control Act of 
    1976, H.R. 13680], 90 Stat. 729, approved June 30, 1976; Public Law 
    95-21 [Romanian Relief and Rehabilitation, H.R. 5717], 91 Stat. 48, 
    approved April 18, 1977; Public Law 95-23 [Supplemental Military 
    Assistance to Portugal for Fiscal Year 1977, S. 489], 91 Stat. 54, 
    approved April 30, 1977; Public Law 95-88 [International 
    Development and Food Assistance Act of 1977, H.R. 6714], 91 Stat. 
    533, approved August 3, 1977; Public Law 95-92 [International 
    Security Assistance Act of 1977, H.R. 6884], 91 Stat. 614, approved 
    August 4, 1977; Public Law 95-105 [Foreign Relations Authorization 
    Act, Fiscal Year 1978, H.R. 6689], 91 Stat. 844 at 846, approved 
    August 17, 1977; Public Law 95-268 [OPIC Amendments Act of 1978, 
    H.R. 9179], 92 Stat. 213, approved April 24, 1978; Public Law 95-
    384 [International Security Assistance Act of 1978, S. 3075], 92 
    Stat. 730, approved September 26, 1978; Public Law 95-424 
    [International Development and Food Assistance Act of 1978, H.R. 
    12222], 92 Stat. 937, approved October 6, 1978; Public Law 96-35 
    [Special International Security Assistance Act of 1979, S. 1007], 
    93 Stat. 89, approved July 20, 1979; Public Law 96-53 
    [International Development Cooperation Act of 1979, H.R. 3324], 93 
    Stat. 359, approved August 14, 1979; Public Law 96-92 
    [International Security Assistance Act of 1979, H.R. 3173], 93 
    Stat. 701, approved October 29, 1979; Public Law 96-109 [Caribbean 
    Hurricane Relief Assistance Authorization, H.R. 5218], 93 Stat. 
    842, approved November 9, 1979; Public Law 96-110 [Cambodian 
    Disaster Relief Assistance Authorization, H.R. 4995], 93 Stat. 843, 
    approved November 13, 1979; Public Law 96-257 [Special Central 
    American Assistance Act of 1979], 94 Stat. 422, approved May 31, 
    1980; Public Law 96-327 [S. 1916], 94 Stat. 1026, approved August 
    8, 1980; Public Law 96-450 [Intelligence Authorization Act for 
    Fiscal Year 1981, S. 2597], 94 Stat. 1975 at 1981, approved October 
    14, 1980; Public Law 96-465 [Foreign Service Act of 1980, H.R. 
    6790], 94 Stat. 2071 at 2158; Public Law 96-525 [H.R. 8388], 94 
    Stat. 3043, approved December 12, 1980; Public Law 96-533 
    [International Security and Development Cooperation Act of 1980, 
    H.R. 6942], 94 Stat. 3131, approved December 16, 1980; Public Law 
    97-65 [OPIC Amendments Act of 1981, H.R. 3136], 95 Stat. 1021, 
    approved October 16, 1981; Public Law 97-113 [International 
    Security and Development Cooperation Act of 1981, S. 1196], 95 
    Stat. 1519, approved December 29, 1981; Public Law 97-164 [Federal 
    Courts Improvement Act, H.R. 4482], 96 Stat. 25 at 48, approved 
    April 2, 1982; Public Law 97-208 [Humanitarian Assistance for the 
    People of Lebanon, H.R. 6631], 96 Stat. 138, approved June 30, 
    1982; Public Law 97-377 [Further Continuing Appropriations Act, 
    1983; H.J. Res. 631], 96 Stat. 1830 at 1831, approved December 21, 
    1982; Public Law 97-438 [H.R. 7143], 96 Stat. 2286, approved 
    January 8, 1983; Public Law 98-151 [Further Continuing 
    Appropriations, 1984; H.J. Res. 413], 97 Stat. 964, approved 
    November 14, 1983; Public Law 98-164 [Department of State 
    Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 
    1017, approved November 22, 1983; Public Law 98-473 [Continuing 
    Appropriations, 1985; H.J. Res. 648], 98 Stat. 1837 at 1884, 
    approved October 12, 1984; Public Law 99-8 [African Famine Relief 
    and Recovery Act of 1985, S. 689], 99 Stat. 21, approved April 2, 
    1985; Public Law 99-64 [Export Administration Amendments Act of 
    1985, S. 883], 99 Stat. 156, approved July 12, 1985, Public Law 99-
    83 [International Security and Development Cooperation Act of 1985, 
    S. 960], 99 Stat. 190, approved August 8, 1985; Public Law 99-93 
    [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; 
    H.R. 2068], 99 Stat. 405 at 442, approved August 16, 1985; Public 
    Law 99-204 [Overseas Private Investment Corporation Amendments Act 
    of 1985, S. 947], 99 Stat. 1669 approved December 23, 1985; Public 
    Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of 
    1986, H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public 
    Law 99-440 [Comprehensive Anti-Apartheid Act of 1986, H.R. 4868], 
    100 Stat. 1086, approved October 2, 1986; Public Law 99-529 
    [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 3010, 
    approved October 24, 1986; Public Law 99-570 [Anti-Drug Abuse Act 
    of 1986, H.R. 5484], 100 Stat. 3207, approved October 27, 1986; 
    Public Law 99-661 [National Defense Authorization Act for Fiscal 
    Year 1987, S. 2368], 100 Stat. 3816, approved November 14, 1986; 
    Public Law 100-202 [Continuing Appropriations Act, 1988; H.J. Res. 
    395], 101 Stat. 1329, approved December 22, 1987; Public Law 100-
    204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987; 
    Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988; 
    H.R. 4848], 102 Stat. 1107, approved August 23, 1988; Public Law 
    100-461 [Foreign Operations, Export Financing and Related Programs 
    Appropriations Act, 1989; H.R. 4637], 102 Stat. 2268, approved 
    October 1, 1988; Public Law 100-690 [International Narcotics 
    Control Act of 1988; H.R. 5210], 102 Stat. 4181, approved November 
    18, 1988; Public Law 101-165 [Department of Defense Appropriations 
    Act, 1990; H.R. 3072], 103 Stat. 1112, approved November 21, 1989; 
    Public Law 101-167 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1990; H.R. 3743], 103 Stat. 
    1195, approved November 21, 1989; Public Law 101-179 [Support for 
    East European Democracy (SEED) Act of 1989, H.R. 3402], 103 Stat. 
    1298, approved November 28, 1989; Public Law 101-189 [National 
    Defense Authorization Act for Fiscal Years 1990 and 1991, H.R. 
    2461], 103 Stat. 1352, approved November 29, 1989; Public Law 101-
    218 [Renewable Energy and Energy Efficiency Technology 
    Competitiveness Act of 1989, S. 488], 103 Stat. 1868, approved 
    December 11, 1989; Public Law 101-222 [Anti-Terrorism and Arms 
    Export Amendments Act of 1989, H.R. 91], 103 Stat. 1892, approved 
    December 12, 1989; Public Law 101-231 [International Narcotics 
    Control Act of 1989, H.R. 3611], 103 Stat. 1954, approved December 
    13, 1989; Public Law 101-240 [International Development and Finance 
    Act of 1989, H.R. 2494], 103 Stat. 2492, approved December 19, 
    1989; Public Law 101-302 [Dire Emergency Supplemental Appropriation 
    for Disaster Assistance, Food Stamps, Unemployment Compensation 
    Administration, and Other Urgent Needs, and Transfers, and Reducing 
    Funds Budgeted for Military Spending Act of 1990; H.R. 4404], 104 
    Stat. 213, approved May 25, 1990; Public Law 101-510 [National 
    Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 
    Stat. 1485, approved November 5, 1990; Public Law 101-513 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; 
    Public Law 101-604 [Aviation Security Improvement Act of 1990, H.R. 
    5732], 104 Stat. 3066, approved November 16, 1990; Public Law 101-
    623 [International Narcotics Control Act of 1990, H.R. 5567], 104 
    Stat. 3350, approved November 21, 1990; Public Law 102-88 
    [Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], 105 
    Stat. 429, approved August 14, 1991; Public Law 102-190 [National 
    Defense Authorization Act for Fiscal Years 1992 and 1993; H.R. 
    2100], 105 Stat. 1290, approved December 5, 1991; H.R. 2621 as 
    passed by the House on June 19, 1991 [parts of which were enacted 
    by reference in Public Law 102-145, as amended by Public Law 102-
    266, 106 Stat. 92, approved April 1, 1992]; Public Law 102-391 
    [Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1993; H.R. 5368], 106 Stat. 1633, approved 
    October 6, 1992; Public Law 102-484 [National Defense Authorization 
    Act for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved 
    October 23, 1992; Public Law 102-511 [FREEDOM Support Act; S. 
    2532], 106 Stat. 3320, approved October 24, 1992; Public Law 102-
    549 [Jobs Through Exports Act of 1992; H.R. 4996], 106 Stat. 3651, 
    approved October 28, 1992; Public Law 102-550 [Housing and 
    Community Development Act of 1992; H.R. 5334], 106 Stat. 3672, 
    approved October 28, 1992; Public Law 102-572 [Federal Courts 
    Administration Act of 1992; S. 1569], 106 Stat. 4506, approved 
    October 29, 1992; Public Law 102-583 [International Narcotics 
    Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved November 
    2, 1992; Public Law 103-87 [Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 1994; H.R. 2295], 107 
    Stat. 931, approved September 30, 1993; Public Law 103-149 [South 
    African Democratic Transition Support Act of 1993; H.R. 3225], 107 
    Stat. 1503, approved November 23, 1993; Public Law 103-160 
    [National Defense Authorization Act for Fiscal Year 1994; H.R. 
    2401], 107 Stat. 1547, approved November 30, 1993; Public Law 103-
    199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 
    17, 1993; Public Law 103-236 [Foreign Relations Authorization Act, 
    Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved 
    April 30, 1994; Public Law 103-306 [Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1995; H.R. 
    4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-392 
    [Jobs Through Trade Expansion Act of 1994; H.R. 4950], 108 Stat. 
    4098, approved October 22, 1994; Public Law 103-437 [United States 
    Code Technical Amendments; H.R. 4777], 108 Stat. 4581, approved 
    November 2, 1994; Public Law 103-447 [International Narcotics 
    Control Corrections Act of 1994; H.R. 5246], 108 Stat. 4691, 
    approved November 2, 1994; Public Law 104-66 [Federal Reports 
    Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, 
    approved December 21, 1995; Public Law 104-99 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1996; 
    H.R. 1868], enacted by reference in section 301 of H.R. 2880, 110 
    Stat. 26, approved January 26, 1996, enacted again as Public Law 
    104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996; 
    Public Law 104-106 [National Defense Authorization Act for Fiscal 
    Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996; 
    Public Law 104-114 [Cuban Liberty and Democratic Solidarity 
    (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 
    12, 1996; Public Law 104-132 [Antiterrorism and Effective Death 
    Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24, 
    1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July 
    21, 1996; Public Law 104-188 [Small Business Job Protection Act of 
    1996; H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public 
    Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R. 
    3610], 110 Stat. 3009, approved September 30, 1996; Public Law 104-
    319 [Human Rights, Refugee, and Other Foreign Relations Provisions 
    Act of 1996; H.R. 4036], 110 Stat. 3864, approved October 19, 1996; 
    Public Law 105-118 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat. 
    2386, approved November 26, 1997; Public Law 105-214 [Tropical 
    Forest Conservation Act of 1998; H.R. 2870], 112 Stat. 885, 
    approved July 29, 1998; Public Law 105-277 [Foreign Operations, 
    Export Financing, and Related Programs Appropriations Act, 1999; 
    Foreign Affairs Reform and Restructuring Act of 1998; and Foreign 
    Relations Authorization Act, Fiscal Years 1998 and 1999; H.R. 
    4328], 112 Stat. 2681, approved October 21, 1998; Public Law 105-
    292 [International Religious Freedom Act of 1998; H.R. 2431], 112 
    Stat. 2787, approved October 27, 1998; Public Law 105-320 [Torture 
    Victims Relief Act of 1998; H.R. 4309], 112 Stat. 3016, approved 
    October 30, 1998; Public Law 105-362 [Federal Reports Elimination 
    Act of 1998; S. 1364], 112 Stat. 3280, approved November 10, 1998; 
    Public Law 106-31 [1999 Emergency Supplemental Appropriations Act; 
    H.R. 1141], 113 Stat. 57, approved May 21, 1999; Public Law 106-87 
    [Torture Victims Relief Reauthorization Act of 1999; H.R. 2367], 
    113 Stat. 1301, approved November 3, 1999; Public Law 106-113 [Silk 
    Road Strategy Act of 1999; Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 2000; H.R. 3324 enacted by 
    reference in sec. 1000(a)(2) of Consolidated Appropriations Act for 
    Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29, 
    1999; Public Law 106-113 [Admiral James W. Nance and Meg Donovan 
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001; 
    H.R. 3427 enacted by reference in sec. 1000(a)(7) of Consolidated 
    Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat. 
    1501, approved November 29, 1999; Public Law 106-113 [Arms Control, 
    Nonproliferation, and Security Assistance Act of 1999; division B 
    of H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
    Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194], 
    113 Stat. 1501, approved November 29, 1999; and by Public Law 106-
    158 [Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745, 
    approved December 9, 1999
---------------------------------------------------------------------------
    * Note.--The Foreign Assistance Act will be referred to as the FA 
Act and ``this Act.''
---------------------------------------------------------------------------

AN ACT To promote the foreign policy, security, and general welfare of 
 the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.'' \1\
---------------------------------------------------------------------------
    \1\ The short title was added by sec. 111 of the FA Appropriation 
Act, 1962.
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                                 PART I

      Chapter 1--Policy; Development Assistance Authorizations \2\

    Sec. 101.\3\ General Policy.--(a) The Congress finds that 
fundamental political, economic, and technological changes have 
resulted in the interdependence of nations. The Congress 
declares that the individual liberties, economic prosperity, 
and security of the people of the United States are best 
sustained and enhanced in a community of nations which respect 
individual civil and economic rights and freedoms and which 
work together to use wisely the world's limited resources in an 
open and equitable international economic system. Furthermore, 
the Congress reaffirms the traditional humanitarian ideals of 
the American people and renews its commitment to assist people 
in developing countries to eliminate hunger, poverty, illness, 
and ignorance.
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    \2\ Sec. 101(a) of the FA Act of 1963 struck out the words ``Short 
Title and'' in the chapter heading, which formerly read ``Short Title 
and Policy''. Sec. 2(1) of the FA Act of 1973 added the following words 
to the chapter heading: ``Development Assistance Authorizations''.
    \3\ 22 U.S.C. 2151. Sec. 101 was added by sec. 101 of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
937). Previously, sec. 101 had related to the short title before being 
repealed by the FA Act of 1963. This general policy statement was 
formerly contained in sec. 102 before 1978.
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    Therefore, the Congress declares that a principal objective 
of the foreign policy of the United States is the encouragement 
and sustained support of the people of developing countries in 
their efforts to acquire the knowledge and resources essential 
to development and to build the economic, political, and social 
institutions which will improve the quality of their lives.
    United States development cooperation policy should 
emphasize four principal goals:
          (1) the alleviation of the worst physical 
        manifestations of poverty among the world's poor 
        majority;
          (2) the promotion of conditions enabling developing 
        countries to achieve self-sustaining economic growth 
        with equitable distribution of benefits;
          (3) the encouragement of development processes in 
        which individual civil and economic rights are 
        respected and enhanced; and
          (4) the integration of the developing countries into 
        an open and equitable international economic system.
    The Congress declares that pursuit of these goals requires 
that development concerns be fully reflected in United States 
foreign policy and that United States development resources be 
effectively and efficiently utilized.
    (b) Under the policy guidance of the Secretary of State, 
the agency primarily responsible for administering this part 
should have the responsibility for coordinating all United 
States development-related activities.\4\
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    \4\ The responsibilities of the Agency mentioned in this subsection 
were transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA). The 
responsibilities of the Secretary of State, insofar as they relate to 
policy guidance other than foreign policy guidance, were also 
transferred to the Director. The Reorganization Plan No. 2 of 1979 
ceased to be effective with enactment of the Foreign Affairs Reform and 
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of 
Public Law 105-277; 112 Stat. 2681).
---------------------------------------------------------------------------
    Sec. 102.\5\ Development Assistance Policy.--(a) The 
Congress finds that the efforts of developing countries to 
build and maintain the social and economic institutions 
necessary to achieve self-sustaining growth and to provide 
opportunities to improve the quality of life for their people 
depend primarily upon successfully marshalling their own 
economic and human resources. The Congress recognizes that the 
magnitude of these efforts exceeds the resources of developing 
countries and therefore accepts that there will be a long-term 
need for wealthy countries to contribute additional resources 
for development purposes. The United States should take the 
lead in concert with other nations to mobilize such resources 
from public and private sources.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2151-1. Sec. 101 of the International Development and 
Food Assistance Act of 1978 (92 Stat. 927) struck out sec. 102, which 
concerned a statement of policy, and added a new sec. 102.
---------------------------------------------------------------------------
    Provision of development resources must be adapted to the 
needs and capabilities of specific developing countries. United 
States assistance to countries with low per capita incomes 
which have limited access to private external resources should 
primarily be provided on concessional terms. Assistance to 
other developing countries should generally consist of programs 
which facilitate their access to private capital markets, 
investment, and technical skills, whether directly through 
guarantee or reimbursable programs by the United States 
Government or indirectly through callable capital provided to 
the international financial institutions.
    Bilateral assistance and United States participation in 
multilateral institutions shall emphasize programs in support 
of countries which pursue development strategies designed to 
meet basic human needs and achieve self-sustaining growth with 
equity.
    The Congress declares that the principal purpose of United 
States bilateral development assistance is to help the poor 
majority of people in developing countries to participate in a 
process of equitable growth through productive work and to 
influence decisions that shape their lives, with the goal of 
increasing their incomes and their access to public services 
which will enable them to satisfy their basic needs and lead 
lives of decency, dignity, and hope. Activities shall be 
emphasized that effectively involve the poor in development by 
expanding their access to the economy through services and 
institutions at the local level, increasing their participation 
in the making of decisions that affect their lives, increasing 
labor-intensive production and the use of appropriate 
technology, expanding productive investment and services out 
from major cities to small towns and rural areas, and otherwise 
providing opportunities for the poor to improve their lives 
through their own efforts. Participation of the United States 
in multilateral institutions shall also place appropriate 
emphasis on these principles.
    (b) Assistance under this chapter should be used not only 
for the purpose of transferring financial resources to 
developing countries, but also to help countries solve 
development problems in accordance with a strategy that aims to 
insure wide participation of the poor in the benefits of 
development on a sustained basis. Moreover, assistance shall be 
provided in a prompt and effective manner, using appropriate 
United States institutions for carrying out this strategy. In 
order to achieve these objectives and the broad objectives set 
forth in section 101 and in subsection (a) of this section, 
bilateral development assistance authorized by this Act shall 
be carried out in accordance with the following principles:
          (1) Development is primarily the responsibility of 
        the people of the developing countries themselves. 
        Assistance from the United States shall be used in 
        support of, rather than substitution for, the self-help 
        efforts that are essential to successful development 
        programs and shall be concentrated in those countries 
        that take positive steps to help themselves. Maximum 
        effort shall be made, in the administration of this 
        part, to stimulate the involvement of the people in the 
        development process through the encouragement of 
        democratic participation in private and local 
        governmental activities and institution building 
        appropriate to the requirements of the recipient 
        countries.
          (2) Development planning must be the responsibility 
        of each sovereign country. United States assistance 
        should be administered in a collaborative style to 
        support the development goals chosen by each country 
        receiving assistance.
          (3) United States bilateral development assistance 
        should give high priority to undertakings submitted by 
        host governments which directly improve the lives of 
        the poorest of their people and their capacity to 
        participate in the development of their countries, 
        while also helping such governments enhance their 
        planning, technical, and administrative capabilities 
        needed to insure the success of such undertakings.
          (4) Development assistance provided under this 
        chapter shall be concentrated in countries which will 
        make the most effective use of such assistance to help 
        satisfy basic human needs of poor people through 
        equitable growth, especially in those countries having 
        the greatest need for outside assistance. In order to 
        make possible consistent and informed judgments in this 
        respect, the President shall assess the commitment and 
        progress of countries in moving toward the objectives 
        and purposes of this chapter by utilizing criteria, 
        including but not limited to the following:
                  (A) increase in agricultural productivity per 
                unit of land through small- farm, labor-
                intensive agriculture;
                  (B) reduction of infant mortality;
                  (C) control of population growth;
                  (D) promotion of greater equality of income 
                distribution, including measures such as more 
                progressive taxation and more equitable returns 
                to small farmers;
                  (E) reduction of rates of unemployment and 
                underemployment; and
                  (F) increase in literacy.
          (5) United States development assistance should focus 
        on critical problems in those functional sectors which 
        affect the lives of the majority of the people in the 
        developing countries; food production and nutrition; 
        rural development and generation of gainful employment; 
        population planning and health; environment and natural 
        resources; education, development administration, and 
        human resources development; and energy development and 
        production.\6\
---------------------------------------------------------------------------
    \6\ The reference to energy development and production was added by 
sec. 104(a) of the International Development Cooperation Act of 1979 
(Public Law 96-53; 93 Stat. 360).
---------------------------------------------------------------------------
          (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,\6\ 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) \7\ United States encouragement of policy 
        reforms is necessary if developing countries are to 
        achieve economic growth with equity.
---------------------------------------------------------------------------
    \7\ Paragraphs (13), (14), (15), and (16) were added by sec. 301 of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 190).
---------------------------------------------------------------------------
          (14) \7\ 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) \7\ 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) \7\ United States assistance should focus on 
        establishing and upgrading the institutional capacities 
        of developing countries in order to promote long-term 
        development. An important component of institution 
        building involves training to expand the human resource 
        potential of people in developing countries.
    (c) The Congress, recognizing the desirability of 
overcoming the worst aspects of absolute poverty by the end of 
this century by, among other measures, substantially lowering 
infant mortality and birth rates, and increasing life 
expectancy, food production, literacy, and employment, 
encourages the President to explore with other countries, 
through all appropriate channels, the feasibility of a 
worldwide cooperative effort to overcome the worst aspects of 
absolute poverty and to assure self-reliant growth in the 
developing countries by the year 2000.
=======================================================================

          Note.--Foreign assistance appropriations for fiscal 
        year 2000 are included in the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 2000 (H.R. 3422, as introduced on November 17, 
        1999, enacted by reference in sec. 1000(a)(2) of Public 
        Law 106-113; 113 Stat. 1535). Amounts appropriated by 
        that Act to carry out the purposes of provisions 
        contained in the Foreign Assistance Act of 1961, during 
        fiscal year 2000 unless otherwise specified, are 
        included in footnotes.
=======================================================================

=======================================================================


          Note.--Prior to fiscal year 1992, Congress 
        appropriated funds for each of the Development 
        Assistance functional accounts authorized in sections 
        103 through 106 of the Foreign Assistance Act of 1961. 
        For fiscal year 1992 through fiscal year 1995, however, 
        Congress made appropriations in one lump sum for all 
        programs within sections 103 through 106, with the 
        exception of ``Population, Development Assistance''. In 
        fiscal year 1996, Congress made appropriations in one 
        lump sum for Development Assistance. Since fiscal year 
        1997, Congress has made appropriations to two 
        development accounts: ``Development Assistance'' and 
        ``Child Survival and Disease Programs Fund''.
          For fiscal year 2000, to remain available until 
        September 30, 2001, for the provisions of sections 103 
        through 106 and chapter 10 of part I of the Foreign 
        Assistance Act of 1961 (Development Assistance and 
        Development Fund for Africa), title V of the 
        International Security and Development Cooperation Act 
        of 1980 (African Development Foundation), and section 
        401 of the Foreign Assistance Act of 1969 (Inter-
        American Foundation), Congress appropriated 
        $1,228,000,000. Congress also appropriated $715,000,000 
        in fiscal year 2000, to remain available until 
        expended, for child survival, basic education for 
        children, and to combat tropical and other diseases, 
        and related activities.
          Sec. 301 of the Miscellaneous Appropriations Act 
        (H.R. 3425 enacted by reference in sec. 1000(a)(5) of 
        Public Law 106-113; 113 Stat. 1535)), however, 
        rescinded total discretionary budget authority provided 
        to an agency, or obligation limit imposed, by an amount 
        of 0.38 percent for fiscal year 2000. Sec. 301(b) of 
        that Act placed the following restrictions on such 
        rescissions: ``(1) no program, project, or activity of 
        any department, agency, instrumentality, or entity may 
        be reduced by more than 15 percent (with `programs, 
        projects, and activities' as delineated in the 
        appropriations Act or accompanying report for the 
        relevant account, or for accounts and items not 
        included in appropriations Acts, as delineated in the 
        most recently submitted President's budget), (2) no 
        reduction shall be taken from any military personnel 
        account, and (3) the reduction for the Department of 
        Defense and Department of Energy Defense Activities 
        shall be applied proportionately to all Defense 
        accounts.''.

=======================================================================

=======================================================================


          Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2000 (H.R. 3422, 
        as introduced on November 17, 1999, enacted by 
        reference in sec. 1000(a)(2) of Public Law 106-113; 113 
        Stat. 1535), provided the following:

            ``obligations during last month of availability

          ``Sec. 501. Except for the appropriations entitled 
        `International Disaster Assistance', and `United States 
        Emergency Refugee and Migration Assistance Fund', not 
        more than 15 percent of any appropriation item made 
        available by this Act shall be obligated during the 
        last month of availability.''.

=======================================================================


=======================================================================


          Note.--Transfers Between Accounts. The Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 2000 (H.R. 3422, as introduced on 
        November 17, 1999, enacted by reference in sec. 
        1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
        provided the following:

                      ``transfers between accounts

          ``Sec. 509. None of the funds made available by this 
        Act may be obligated under an appropriation account to 
        which they were not appropriated, except for transfers 
        specifically provided for in this Act, unless the 
        President, prior to the exercise of any authority 
        contained in the Foreign Assistance Act of 1961 to 
        transfer funds, consults with and provides a written 
        policy justification to the Committees on 
        Appropriations of the House of Representatives and the 
        Senate.''.

=======================================================================

=======================================================================


          Note.--Deobligation/Reobligation Authority. The 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 2000 (H.R. 3422, as 
        introduced on November 17, 1999, enacted by reference 
        in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 
        1535), provided the following:

                 ``Deobligation/Reobligation Authority

          ``Sec. 510. (a) Amounts certified pursuant to section 
        1311 of the Supplemental Appropriations Act, 1955, as 
        having been obligated against appropriations heretofore 
        made under the authority of the Foreign Assistance Act 
        of 1961 for the same general purpose as any of the 
        headings under title II of this Act are, if 
        deobligated, hereby continued available for the same 
        period as the respective appropriations under such 
        headings or until September 30, 2000, whichever is 
        later, and for the same general purpose, and for 
        countries within the same region as originally 
        obligated: Provided, That the Appropriations Committees 
        of both Houses of the Congress are notified 15 days in 
        advance of the reobligation of such funds in accordance 
        with regular notification procedures of the Committees 
        on Appropriations.
          ``(b) Obligated balances of funds appropriated to 
        carry out section 23 of the Arms Export Control Act as 
        of the end of the fiscal year immediately preceding the 
        current fiscal year are, if deobligated, hereby 
        continued available during the current fiscal year for 
        the same purpose under any authority applicable to such 
        appropriations under this Act: Provided, That the 
        authority of this subsection may not be used in fiscal 
        year 2000.''.

=======================================================================

=======================================================================


          Note.--Availability of Funds. The Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 2000 (H.R. 3422, as introduced on November 17, 
        1999, enacted by reference in sec. 1000(a)(2) of Public 
        Law 106-113; 113 Stat. 1535), provided the following:

                        ``Availability of Funds

          ``Sec. 511. No part of any appropriation contained in 
        this Act shall remain available for obligation after 
        the expiration of the current fiscal year unless 
        expressly so provided in this Act: Provided, That funds 
        appropriated for the purposes of chapters 1, 8, and 11 
        of part I, section 667, and chapter 4 of part II of the 
        Foreign Assistance Act of 1961, as amended, and funds 
        provided under the heading `Assistance for Eastern 
        Europe and the Baltic States', shall remain available 
        until expended if such funds are initially obligated 
        before the expiration of their respective periods of 
        availability contained in this Act: Provided further, 
        That, notwithstanding any other provision of this Act, 
        any funds made available for the purposes of chapter 1 
        of part I and chapter 4 of part II of the Foreign 
        Assistance Act of 1961 which are allocated or obligated 
        for cash disbursements in order to address balance of 
        payments or economic policy reform objectives, shall 
        remain available until expended: Provided further, That 
        the report required by section 653(a) of the Foreign 
        Assistance Act of 1961 shall designate for each 
        country, to the extent known at the time of submission 
        of such report, those funds allocated for cash 
        disbursement for balance of payment and economic policy 
        reform purposes.''.

=======================================================================

=======================================================================


          Note.--Notification Requirements. The Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 2000 (H.R. 3422, as introduced on 
        November 17, 1999, enacted by reference in sec. 
        1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
        provided the following:

                      ``notification requirements

          ``Sec. 515. (a) For the purposes of providing the 
        executive branch with the necessary administrative 
        flexibility, none of the funds made available under 
        this Act for `Child Survival and Disease Programs 
        Fund', `Development Assistance', `International 
        Organizations and Programs', `Trade and Development 
        Agency', `International Narcotics Control and Law 
        Enforcement', `Assistance for Eastern Europe and the 
        Baltic States', `Assistance for the Independent States 
        of the Former Soviet Union', `Economic Support Fund', 
        `Peacekeeping Operations', `Operating Expenses of the 
        Agency for International Development', `Operating 
        Expenses of the Agency for International Development 
        Office of Inspector General', `Nonproliferation, Anti-
        terrorism, Demining and Related Programs', `Foreign 
        Military Financing Program', `International Military 
        Education and Training', `Peace Corps', and `Migration 
        and Refugee Assistance', shall be available for 
        obligation for activities, programs, projects, type of 
        materiel assistance, countries, or other operations not 
        justified or in excess of the amount justified to the 
        Appropriations Committees for obligation under any of 
        these specific headings unless the Appropriations 
        Committees of both Houses of Congress are previously 
        notified 15 days in advance: Provided, That the 
        President shall not enter into any commitment of funds 
        appropriated for the purposes of section 23 of the Arms 
        Export Control Act for the provision of major defense 
        equipment, other than conventional ammunition, or other 
        major defense items defined to be aircraft, ships, 
        missiles, or combat vehicles, not previously justified 
        to Congress or 20 percent in excess of the quantities 
        justified to Congress unless the Committees on 
        Appropriations are notified 15 days in advance of such 
        commitment: Provided further, That this section shall 
        not apply to any reprogramming for an activity, 
        program, or project under chapter 1 of part I of the 
        Foreign Assistance Act of 1961 of less than 10 percent 
        of the amount previously justified to the Congress for 
        obligation for such activity, program, or project for 
        the current fiscal year: Provided further, That the 
        requirements of this section or any similar provision 
        of this Act or any other Act, including any prior Act 
        requiring notification in accordance with the regular 
        notification procedures of the Committees on 
        Appropriations, may be waived if failure to do so would 
        pose a substantial risk to human health or welfare: 
        Provided further, That in case of any such waiver, 
        notification to the Congress, or the appropriate 
        congressional committees, shall be provided as early as 
        practicable, but in no event later than 3 days after 
        taking the action to which such notification 
        requirement was applicable, in the context of the 
        circumstances necessitating such waiver: Provided 
        further, That any notification provided pursuant to 
        such a waiver shall contain an explanation of the 
        emergency circumstances.
          ``(b) Drawdowns made pursuant to section 506(a)(2) of 
        the Foreign Assistance Act of 1961 shall be subject to 
        the regular notification procedures of the Committees 
        on Appropriations.''.

=======================================================================


=======================================================================

          Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2000 (H.R. 3422, 
        as introduced on November 17, 1999, enacted by 
        reference in sec. 1000(a)(2) of Public Law 106-113; 113 
        Stat. 1535), provided the following:

                         ``special authorities

          ``Sec. 538. (a) Funds appropriated in titles I and II 
        of this Act that are made available for Afghanistan, 
        Lebanon, Montenegro, and for victims of war, displaced 
        children, displaced Burmese, humanitarian assistance 
        for Romania, and humanitarian assistance for the 
        peoples of Kosova, may be made available 
        notwithstanding any other provision of law: Provided, 
        That any such funds that are made available for 
        Cambodia shall be subject to the provisions of section 
        531(e) of the Foreign Assistance Act of 1961 and 
        section 906 of the International Security and 
        Development Cooperation Act of 1985.
          ``(b) Funds appropriated by this Act to carry out the 
        provisions of sections 103 through 106 of the Foreign 
        Assistance Act of 1961 may be used, notwithstanding any 
        other provision of law, for the purpose of supporting 
        tropical forestry and biodiversity conservation 
        activities and, subject to the regular notification 
        procedures of the Committees on Appropriations, energy 
        programs aimed at reducing greenhouse gas emissions: 
        Provided, That such assistance shall be subject to 
        sections 116, 502B, and 620A of the Foreign Assistance 
        Act of 1961.
          ``(c) The Agency for International Development may 
        employ personal services contractors, notwithstanding 
        any other provision of law, for the purpose of 
        administering programs for the West Bank and Gaza.
          ``(d)(1) Waiver.--The President may waive the 
        provisions of section 1003 of Public Law 100-204 if the 
        President determines and certifies in writing to the 
        Speaker of the House of Representatives and the 
        President pro tempore of the Senate that it is 
        important to the national security interests of the 
        United States.
          ``(2) Period of Application of Waiver.--Any waiver 
        pursuant to paragraph (1) shall be effective for no 
        more than a period of 6 months at a time and shall not 
        apply beyond 12 months after the enactment of this 
        Act.''.
=======================================================================

=======================================================================


          Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2000 (H.R. 3422, 
        as introduced on November 17, 1999, enacted by 
        reference in sec. 1000(a)(2) of Public Law 106-113; 113 
        Stat. 1535), provided the following:

          ``Sec. 559. * * *
          ``(c) Equitable Allocation of Funds.--Not more than 
        17 percent of the funds appropriated by this Act to 
        carry out the provisions of sections 103 through 106 
        and chapter 4 of part II of the Foreign Assistance Act 
        of 1961, that are made available for Latin America and 
        the Caribbean region may be made available, through 
        bilateral and Latin America and the Caribbean regional 
        programs, to provide assistance for any country in such 
        region.''.

=======================================================================


=======================================================================


          Note.--The Federal Reports Elimination and Sunset Act 
        of 1995 (Public Law 104-66; 109 Stat. 707), as amended, 
        modified or eliminated numerous reporting requirements 
        in law. Sec. 3003(a) of that Act provided that, subject 
        to certain restrictions, ``each provision of law 
        requiring the submittal to Congress (or any committee 
        of the Congress) of any annual, semiannual, or other 
        regular periodic report specified on the list [prepared 
        by the Clerk of the House of Representatives for the 
        first session of the 103rd Congress, House Document No. 
        103-7] * * * shall cease to be effective, with respect 
        to that requirement, May 15, 2000.''.
          Sec. 3003(d) of that Act, however, exempted certain 
        sections of law from the application of subsec. (a). 
        Among those exempted were several reports required by 
        the Foreign Assistance Act of 1961 in secs. 116, 240A, 
        306, 489, 502B, and 634. Among those exempted were 
        several reports required by the Arms Export Control Act 
        in secs. 25, 28, and 36. Among those exempted was sec. 
        502 of the International Security and Development 
        Cooperation Act of 1985. For a complete list of 
        sections of law exempted from the application of sec. 
        3003(a) of Public Law 104-66, see Legislation on 
        Foreign Relations Through 1999, vol. IV.
          Sec. 209(e) of the Admiral James W. Nance and Meg 
        Donovan Foreign Relations Authorization Act, Fiscal 
        Years 2000 and 2001 (H.R. 3427, enacted by reference in 
        sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), 
        continued the requirement of several reports to which 
        Public Law 104-66 would otherwise have applied, 
        including those required in secs. 118(f), 239(c), and 
        620C(c) of the Foreign Assistance Act of 1961; sec. 
        1205 of the International Security and Development 
        Cooperation Act of 1985; secs. 533(b) and 586J(c)(4) of 
        the Foreign Assistance Appropriations Act, 1991. For a 
        complete list of sections of law exempted from the 
        application of sec. 3003(a) of Public Law 104-66 by 
        sec. 209(e) of Public Law 106-113, see Legislation on 
        Foreign Relations Through 1999, vol. IV.

=======================================================================

    Sec. 103.\8\ Agriculture, Rural Development, and 
Nutrition.--(a)(1) In recognition of the fact that the great 
majority of the people of developing countries live in rural 
areas and are dependent on agriculture and agricultural-related 
pursuits for their livelihood, the President is authorized to 
furnish assistance, on such terms and conditions as he may 
determine, for agriculture, rural development, and nutrition--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2151a. Sec. 103, as added by sec. 2(3) of the FA Act 
of 1973 (87 Stat. 715), was amended and restated by sec. 103(a) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
943). Previous amendments to sec. 103 were made by sec. 2 of Public Law 
93-559 (88 Stat. 1795), sec. 302 of Public Law 94-161 (89 Stat. 856), 
and by sec. 102 of Public Law 95-88 (91 Stat. 534).
---------------------------------------------------------------------------
          (A) to alleviate starvation, hunger, and 
        malnutrition;
          (B) to expand significantly the provision of basic 
        services to rural poor people to enhance their capacity 
        for self-help; and
          (C) to help create productive farm and off-farm 
        employment in rural areas to provide a more viable 
        economic base and enhance opportunities for improved 
        incomes, living standards, and contributions by rural 
        poor people to the economic and social development of 
        their countries.
    (2) There are authorized to be appropriated to the 
President for purposes of this section, in addition to funds 
otherwise available for such purposes, $760,000,000 for the 
fiscal year 1986 and $760,000,000 for the fiscal year 1987.\9\ 
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.\10\
---------------------------------------------------------------------------
    \9\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 302 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
Authorizations for recent years included: fiscal year 1975--
$500,000,000; fiscal year 1976--$618,000,000; fiscal year 1977--
$745,000,000; fiscal year 1978--$580,000,000; fiscal year 1979--
$665,231,000; fiscal year 1980--$659,000,000; fiscal year 1981--
$713,500,000; fiscal year 1982--$700,000,000; fiscal year 1983--
$700,000,000; fiscal year 1984--$725,213,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2000--no authorization.
    \10\ Sec. 316 of the International Security and Development 
Cooperation Act of 1980 concerns world hunger and instructs the 
Director of IDCA to encourage the ongoing work of PVOs to deal with 
world hunger problems abroad.
---------------------------------------------------------------------------
    (3) \11\ Of the amounts authorized to be appropriated in 
paragraph; (2) for the fiscal year 1987, not less than 
$2,000,000 shall be available only for the purpose of 
controlling and eradicating amblyomman variegatum (heartwater) 
in bovine animals in the Caribbean.
---------------------------------------------------------------------------
    \11\ Paragraph 3 was added by sec. 1304 of Public Law 99-399 (100 
Stat. 898).
---------------------------------------------------------------------------
    (b)(1) Assistance provided under this section shall be used 
primarily for activities which are specifically designed to 
increase the productivity and income of the rural poor, through 
such means as creation and strengthening of local institutions 
linked to the regional and national levels; organization of a 
system of financial institutions which provide both savings and 
credit services to the poor; stimulation of small, labor-
intensive enterprises in rural towns; improvement of marketing 
facilities and systems; expansion of rural infrastructure and 
utilities such as farm-to-market roads, water management 
systems, land improvement, energy, and storage facilities; 
establishment of more equitable and more secure land tenure 
arrangements; and creation and strengthening of systems to 
provide other services and supplies needed by farmers, such as 
extension, research, training, fertilizer, water, forestry, 
soil conservation, and improved seed, in ways which assure 
access to them by small farmers.
    (2) In circumstances where development of major 
infrastructure is necessary to achieve the objectives set forth 
in this section, assistance for that purpose should be 
furnished under this chapter in association with significant 
contributions from other countries working together in a 
multilateral framework. Infrastructure projects so assisted 
should be complemented by other measures to ensure that the 
benefits of the infrastructure reach the poor.
    (3) \12\ 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.
---------------------------------------------------------------------------
    \12\ Par. (3) and subsec. (f) were added by sec. 101 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 359).
---------------------------------------------------------------------------
    (c) The Congress finds that the greatest potential for 
significantly expanding availability of food for people in 
rural areas and augmenting world food production at relatively 
low cost lies in increasing the productivity of small farmers 
who constitute a majority of the agricultural producers in 
developing countries. Increasing the emphasis on rural 
development and expanded food production in the poorest nations 
of the developing world is a matter of social justice and a 
principal element contributing to broadly based economic 
growth, as well as an important factor in alleviating inflation 
in the industrialized countries. In the allocation of funds 
under this section, special attention shall be given to 
increasing agricultural production in countries which have been 
designated as ``least developed'' by the United Nations General 
Assembly.
    (d) Assistance provided under this section shall also be 
used in coordination with programs carried out under section 
104 to help improve nutrition of the people of developing 
countries through encouragement of increased production of 
crops with greater nutritional value; improvement of planning, 
research, and education with respect to nutrition, particularly 
with reference to improvement and expanded use of indigenously 
produced foodstuffs; and the undertaking of pilot or 
demonstration programs explicitly addressing the problem of 
malnutrition of poor and vulnerable people. In particular, the 
President is encouraged--
          (1) to devise and carry out in partnership with 
        developing countries a strategy for programs of 
        nutrition and health improvement for mothers and 
        children, including breast feeding; and
          (2) to provide technical, financial, and material 
        support to individuals or groups at the local level for 
        such programs.
    (e) Local currency proceeds from sales of commodities 
provided under the Agricultural Trade Development and 
Assistance Act of 1954 which are owned by foreign governments 
shall be used whenever practicable to carry out the provisions 
of this section.
    (f) \12\ The Congress finds that the efforts of developing 
countries to enhance their national food security deserves 
encouragement as a matter of United States development 
assistance policy. Measures complementary to assistance for 
expanding food production in developing countries are needed to 
help assure that food becomes increasingly available on a 
regular basis to the poor in such countries. Therefore, United 
States bilateral assistance under this Act and the Agricultural 
Trade Development and Assistance Act of 1954, 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) \13\ (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.
---------------------------------------------------------------------------
    \13\ Sec. 1001 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended and 
restated subsec. (g). Subsec. (g), in its previous form, had been added 
by sec. 301(c) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1532). It 
previously 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.''.
---------------------------------------------------------------------------
    (2) Of the aggregate amount authorized to be appropriated 
to carry out part I of this Act, up to $50,000,000 for fiscal 
year 1986 and up to $50,000,000 for fiscal year 1987 may be 
made available, by appropriation or by transfer, for United 
States contributions to the second replenishment of the 
International Fund for Agricultural Development.
    Sec. 103A.\14\ Agricultural Research.--Agricultural 
research carried out under this Act shall (1) take account of 
the special needs of small farmers in the determination of 
research priorities, (2) include research on the 
interrelationships among technology, institutions, and 
economic, social, environmental,\15\ 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.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2151a-1. Sec. 103A was added by sec. 303 of Public 
Law 94-161 (89 Stat. 849).
    \15\ The word ``environmental,'' was added by sec. 103(d) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
945).
---------------------------------------------------------------------------
    Sec. 104.\16\ Population and Health.--(a) Findings.--The 
Congress recognizes that poor health conditions and 
uncontrolled population growth can vitiate otherwise successful 
development efforts.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2151b. Sec. 104, as added by sec. 2(3) of the FA Act 
of 1973 (87 Stat. 715), was amended and restated by sec. 104(a) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
945). Previous amendments to sec. 104 were made by sec. 4(1) of Public 
Law 93-559 (88 Stat. 1795), sec. 304 of Public Law 94-161 (89 Stat. 
857), and sec. 103 of Public Law 95-88 (91 Stat. 534).
---------------------------------------------------------------------------
    Large families in developing countries are the result of 
complex social and economic factors which change relatively 
slowly among the poor majority least affected by economic 
progress, as well as the result of a lack of effective birth 
control. Therefore, effective family planning depends upon 
economic and social change as well as the delivery of services 
and is often a matter of political and religious sensitivity. 
While every country has the right to determine its own policies 
with respect to population growth, voluntary population 
planning programs can make a substantial contribution to 
economic development, higher living standards, and improved 
health and nutrition.
    Good health conditions are a principal element in improved 
quality of life and contribute to the individual's capacity to 
participate in the development process, while poor health and 
debilitating disease can limit productivity.
    (b) Assistance for Population Planning.--In order to 
increase the opportunities and motivation for family planning 
and to reduce the rate of population growth, the President is 
authorized to furnish assistance, on such terms and conditions 
as he may determine, for voluntary population planning. In 
addition to the provision of family planning information and 
services, including also information and services which relate 
to and support natural family planning methods,\17\ and the 
conduct of directly relevant demographic research, population 
planning programs shall emphasize motivation for small 
families.
---------------------------------------------------------------------------
    \17\ The words ``, including also information and services which 
related to and support natural family planning methods,'' were added by 
sec. 302(a) of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533; 94 Stat. 3145).
---------------------------------------------------------------------------
    (c) Assistance for Health and Disease Prevention.--(1) \18\ 
In order to contribute to improvements in the health of the 
greatest number of poor people in developing countries, the 
President is authorized to furnish assistance, on such terms 
and conditions as he may determine, for health programs. 
Assistance under this subsection shall be used primarily for 
basic integrated health services, safe water and sanitation, 
disease prevention and control, and related health planning and 
research. The assistance shall emphasize self-sustaining 
community-based health programs by means such as training of 
health auxiliary and other appropriate personnel, support for 
the establishment and evaluation of projects that can be 
replicated on a broader scale, measures to improve management 
of health programs, and other services and suppliers to support 
health and disease prevention programs.
---------------------------------------------------------------------------
    \18\ The paragraph designation ``(1)'' and a new par. (2) were 
added by sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985, as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473). This amendment had been included as sec. 303 of H.R. 5119, 
the International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 303 of 
H.R. 5119.
---------------------------------------------------------------------------
    (2) \18\ (A) In carrying out the purposes of this 
subsection, the President shall promote, encourage, and 
undertake activities designed to deal directly with the special 
health needs of children and mothers. Such activities should 
utilize simple, available technologies which can significantly 
reduce childhood mortality, such as improved and expanded 
immunization programs, oral rehydration to combat diarrhoeal 
diseases, and education programs aimed at improving nutrition 
and sanitation and at promoting child spacing. In carrying out 
this paragraph, guidance shall be sought from knowledgeable 
health professionals from outside the agency primarily 
responsible for administering this part. In addition to 
government-to-government programs, activities pursuant to this 
paragraph should include support for appropriate activities of 
the types described in this paragraph which are carried out by 
international organizations (which may include international 
organizations receiving funds under chapter 3 of this part) and 
by private and voluntary organizations, and should include 
encouragement to other donors to support such types of 
activities.
    (B) \19\ In addition to amounts otherwise available for 
such purpose, there are authorized to be appropriated to the 
President $25,000,000 for fiscal year 1986 and $75,000,000 for 
fiscal year 1987 for use in carrying out this paragraph. 
Amounts appropriated under this subparagraph are authorized to 
remain available until expended.
---------------------------------------------------------------------------
    \19\ Sec. 304 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) replaced an 
authorization figure of ``$25,000,000'' with ``$25,000,000 for fiscal 
year 1986 and $25,000,000 for fiscal year 1987''. Section 103(b) of 
Public Law 99-529 (100 Stat. 3010) replaced the $25,000,000 
authorization for fiscal year 1987 with an authorization of 
$75,000,000.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November 
17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
113; 113 Stat. 1535), provided the following:
---------------------------------------------------------------------------

               ``child survival and disease programs fund
---------------------------------------------------------------------------
    ``For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for child 
survival, basic education, assistance to combat tropical and other 
diseases, and related activities, in addition to funds otherwise 
available for such purposes, $715,000,000, to remain available until 
expended: Provided, That this amount shall be made available for such 
activities as: (1) immunization programs; (2) oral rehydration 
programs; (3) health and nutrition programs, and related education 
programs, which address the needs of mothers and children; (4) water 
and sanitation programs; (5) assistance for displaced and orphaned 
children; (6) programs for the prevention, treatment, and control of, 
and research on, tuberculosis, HIV/AIDS, polio, malaria and other 
diseases; and (7) up to $98,000,000 for basic education programs for 
children: Provided further, That none of the funds appropriated under 
this heading may be made available for nonproject assistance for health 
and child survival programs, except that funds may be made available 
for such assistance for ongoing health programs: Provided further, That 
$35,000,000 shall be available only for the HIV/AIDS programs requested 
under this heading in House Document 106-101.''.
---------------------------------------------------------------------------
    (C) Appropriations pursuant to subparagraph (B) may be 
referred to as the ``Child Survival Fund.''
    (3) \20\ The Congress recognizes that the promotion of 
primary health care is a major objective of the foreign 
assistance program. The Congress further recognizes that 
simple, relatively low-cost means already exist to reduce 
incidence of communicable diseases among children, mothers, and 
infants. The promotion of vaccines for immunization, and salts 
for oral rehydration, therefore, is an essential feature of the 
health assistance program. To this end, the Congress expects 
the agency primarily responsible for administering this part to 
set as a goal the protection of not less than 80 percent of all 
children, in those countries in which such agency has 
established development programs, from immunizable diseases by 
January 1, 1991. Of the aggregate amounts made available for 
fiscal year 1987 to carry out paragraph (2) of this subsection 
(relating to the Child Survival Fund) and to carry out 
subsection (c) (relating to development assistance for health), 
$50,000,000 shall be used to carry out this paragraph.\21\
---------------------------------------------------------------------------
    \20\ Par. (3) was added by sec. 305 of the International Security 
and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 
190). Sec. 305(b) of the act provides that: ``Each annual report 
required by section 634 of the Foreign Assistance Act of 1961 shall 
describe the progress achieved during the preceding fiscal year in 
carrying out section 104(c)(3) of such Act.''.
    \21\ The last sentence of paragraph (3) was added by sec. 103(a) of 
Public Law 99-529 (100 Stat. 3010).
---------------------------------------------------------------------------
    (d) Integration of Assistance Programs.--(1) Assistance 
under this chapter shall be administered so as to give 
particular attention to the interrelationship between (A) 
population growth, and (B) development and overall improvement 
in living standards in developing countries, and to the impact 
of all programs, projects, and activities on population growth. 
All appropriate activities proposed for financing under this 
chapter shall be designed to build motivation for smaller 
families through modification of economic and social conditions 
supportive of the desire for large families, in programs such 
as education in and out of school, nutrition, disease control, 
maternal and child health services, improvements in the status 
and employment of women, agricultural production, rural 
development, and assistance to the urban poor, and through 
community-based development programs which give recognition to 
people motivated to limit the size of their families.\22\ 
Population planning programs shall be coordinated with other 
programs aimed at reducing the infant mortality rate, providing 
better nutrition for pregnant women and infants, and raising 
the standard of living of the poor.
---------------------------------------------------------------------------
    \22\ The reference to community-based development programs was 
added by sec. 102(b) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 360).
---------------------------------------------------------------------------
    (2) Since the problems of malnutrition, disease, and rapid 
population growth are closely related, planning for assistance 
to be provided under subsections (b) and (c) of this section 
and under section 103 shall be coordinated to the maximum 
extent practicable.
    (3) Assistance provided under this section shall emphasize 
low-cost integrated delivery systems for health, nutrition, and 
family planning for the poorest people, with particular 
attention to the needs of mothers and young children, using 
paramedical and auxiliary medical personnel, clinics and health 
posts, commercial distribution systems, and other modes of 
community outreach.
    (e) Research and Analysis.--(1) Health and population 
research and analysis carried out under this Act shall--
          (A) be undertaken to the maximum extent practicable 
        in developing countries by developing country 
        personnel, linked as appropriate with private and 
        governmental biomedical research facilities within the 
        United States;
          (B) take account of the special needs of the poor 
        people of developing countries in the determination of 
        research priorities; and
          (C) make extensive use of field testing to adapt 
        basic research to local conditions.
    (2) The President is authorized to study the complex 
factors affecting population growth in developing countries and 
to identify factors which might motivate people to plan family 
size or to space their children.
    (f) \23\ Prohibition on Use of Funds for Abortions and 
Involuntary Sterilizations.--(1) None of the funds made 
available to carry out this part may be used to pay for the 
performance of abortions as a method of family planning or to 
motivate \24\ or coerce any person to practice abortions.
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    \23\ Sec. 518 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced on 
November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public 
Law 106-113; 113 Stat. 1535), made a similar prohibition.
    Sec. 599D of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in 
sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), provided the 
following:
---------------------------------------------------------------------------

                ``authorization for population planning
---------------------------------------------------------------------------
    ``Sec. 599D. (a) Authorization.--Not to exceed $385,000,000 of the 
funds appropriated in title II of this Act may be available for 
population planning activities or other population assistance.
    ``(b) Restriction on Assistance to Foreign Organizations That 
Perform or Actively Promote Abortions.--
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          ``(1) Performance of abortions.--(A) Notwithstanding section 
        614 of the Foreign Assistance Act of 1961, or any other 
        provision of law, no funds appropriated by title II of this Act 
        for population planning activities or other population 
        assistance may be made available for any foreign private, 
        nongovernmental, or multilateral organization until the 
        organization certifies that it will not, during the period for 
        which the funds are made available, perform abortions in any 
        foreign country, except where the life of the mother would be 
        endangered if the pregnancy were carried to term or in cases of 
        forcible rape or incest.
          ``(B) Subparagraph (A) may not be construed to apply to the 
        treatment of injuries or illnesses caused by legal or illegal 
        abortions or to assistance provided directly to the government 
        of a country.
          ``(2) Lobbying activities.--(A) Notwithstanding section 614 
        of the Foreign Assistance Act of 1961, or any other provision 
        of law, no funds appropriated by title II of this Act for 
        population planning activities or other population assistance 
        may be made available for any foreign private, nongovernmental, 
        or multilateral organization until the organization certifies 
        that it will not, during the period for which the funds are 
        made available, violate the laws of any foreign country 
        concerning the circumstances under which abortion is permitted, 
        regulated, or prohibited, or engage in activities or efforts to 
        alter the laws or governmental policies of any foreign country 
        concerning the circumstances under which abortion is permitted, 
        regulated, or prohibited.
          ``(B) Subparagraph (A) shall not apply to activities in 
        opposition to coercive abortion or involuntary sterilization.
          ``(3) Application to foreign organizations.--The prohibitions 
        and certifications of this subsection apply to funds made 
        available to a foreign organization either directly or as a 
        subcontractor or subgrantee.
---------------------------------------------------------------------------
    ``(c) Waiver Authority.--
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          ``(1) Authority.--The President may waive the restrictions 
        contained in subsection (b) that require certifications from 
        foreign private, nongovernmental, or multilateral 
        organizations.
          ``(2) Reduction of assistance.--In the event the President 
        exercises the authority contained in paragraph (1) to waive 
        either or both subsections (b)(1) and (b)(2), then--
          ``(A) assistance authorized by subsection (a) and allocated 
        for population planning activities or other population 
        assistance shall be reduced by a total of $12,500,000, and that 
        amount shall be transferred from funds appropriated by this Act 
        under the heading `Development Assistance' and consolidated and 
        merged with funds appropriated by this Act under the heading 
        `Child Survival and Disease Programs Fund'; and
          ``(B) Notwithstanding any other provision of law, such 
        transferred funds that would have been made available for 
        population planning activities or other population assistance 
        shall be made available for infant and child health programs 
        that have a direct, measurable, and high impact on reducing the 
        incidence of illness and death among children.
          ``(3) Limitation.--The authority provided in paragraph (1) 
        may be exercised to allow the provision of not more than 
        $15,000,000, in the aggregate, to all foreign private, 
        nongovernmental, or multilateral organizations with respect to 
        which such authority is exercised.
          ``(4) Additional requirements.--Upon exercising the authority 
        provided in paragraph (1), the President shall report in 
        writing to the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on International Relations of 
        the House of Representatives.''.
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    \24\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced on 
November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public 
Law 106-113; 113 Stat. 1535), under ``Development Assistance'', 
provided the following:
    ``That for purposes of this or any other Act authorizing or 
appropriating funds for foreign operations, export financing, and 
related programs, the term `motivate', as it relates to family planning 
assistance, shall not be construed to prohibit the provision, 
consistent with local law, of information or counseling about all 
pregnancy options: Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961:''.
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    (2) None of the funds made available to carry out this part 
may be used to pay for the performance of involuntary 
sterilizations as a method of family planning or to coerce or 
provide any financial incentive to any person to undergo 
sterilizations.
    (3) \25\ None of the funds made available to carry out this 
part may be used to pay for any biomedical research which 
relates, in whole or in part, to methods of, or the performance 
of, abortions or involuntary sterilization as a means of family 
planning.
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    \25\ Par. (3) of subsec. (f) was added by sec. 302(b) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1532).
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    (g) Authorizations of Appropriations.--(1) There are 
authorized to be appropriated to the President, in addition to 
funds otherwise available for such purposes--
          (A) $290,000,000 for fiscal year 1986 and 
        $290,000,000 for fiscal year 1987 to carry out 
        subsection (b) of this section; and
          (B) $205,000,000 for fiscal year 1986 and 
        $180,000,000 for fiscal year 1987 to carry out 
        subsection (c) of this section.
    (2) Funds appropriated under this subsection are authorized 
to remain available until expended.\26\
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    \26\ The authorization figures for fiscal years 1986 and 1987 to 
carry out subsecs. (b) and (c) were added by sec. 303 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 190). Subsequently, sec. 404 of Public Law 99-529 
(100 Stat. 3341) replaced the $205,000,000 authorization for subsec. 
(c) with an authorization of $180,000,000. Authorizations under subsec. 
(b) in recent years include: fiscal year 1978--$167,000,000; fiscal 
year 1979--$224,745,000; fiscal year 1980--$201,000,000; fiscal year 
1981--$238,000,000; fiscal year 1982--$211,000,000; fiscal year 1983--
$211,000,000; fiscal year 1984--$244,600,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2000--no authorization.
    Authorizations under subsec. (c) in recent years include: fiscal 
year 1978--$107,700,000; fiscal year 1979--$148,494,000; fiscal year 
1980--$141,000,000; fiscal year 1981--$145,300,000; fiscal year 1982--
$133,405,000; fiscal year 1983--$133,405,000 (of the 1982 and 1983 
subsec. (c) authorizations, not less than 16 percent or $38,000,000 
whichever amount is less was made available for United Nations Fund for 
Population Activities); fiscal year 1984--$133,404,000; fiscal year 
1985--no authorization; fiscal years 1988 through 2000--no 
authorization.
    Congress did not enact an authorization for fiscal year 2000. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, as introduced on November 17, 
1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 
113 Stat. 1535), waived the requirement for authorization, and title II 
of that Act provided the following:
---------------------------------------------------------------------------

                        ``development assistance

                    ``(including transfer of funds)
---------------------------------------------------------------------------
    ``* * * Provided further, That none of the funds made available in 
this Act nor any unobligated balances from prior appropriations may be 
made available to any organization or program which, as determined by 
the President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: Provided further, That none of the funds made available 
under this heading may be used to pay for the performance of abortion 
as a method of family planning or to motivate or coerce any person to 
practice abortions; and that in order to reduce reliance on abortion in 
developing nations, funds shall be available only to voluntary family 
planning projects which offer, either directly or through referral to, 
or information about access to, a broad range of family planning 
methods and services, and that any such voluntary family planning 
project shall meet the following requirements: (1) service providers or 
referral agents in the project shall not implement or be subject to 
quotas, or other numerical targets, of total number of births, number 
of family planning acceptors, or acceptors of a particular method of 
family planning (this provision shall not be construed to include the 
use of quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include payment of incentives, 
bribes, gratuities, or financial reward to: (A) an individual in 
exchange for becoming a family planning acceptor; or (B) program 
personnel for achieving a numerical target or quota of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny 
any right or benefit, including the right of access to participate in 
any program of general welfare or the right of access to health care, 
as a consequence of any individual's decision not to accept family 
planning services; (4) the project shall provide family planning 
acceptors comprehensible information on the health benefits and risks 
of the method chosen, including those conditions that might render the 
use of the method inadvisable and those adverse side effects known to 
be consequent to the use of the method; and (5) the project shall 
ensure that experimental contraceptive drugs and devices and medical 
procedures are provided only in the context of a scientific study in 
which participants are advised of potential risks and benefits; and, 
not less than 60 days after the date on which the Administrator of the 
United States Agency for International Development determines that 
there has been a violation of the requirements contained in paragraph 
(1), (2), (3), or (5) of this proviso, or a pattern or practice of 
violations of the requirements contained in paragraph (4) of this 
proviso, the Administrator shall submit to the Committee on 
International Relations and the Committee on Appropriations of the 
House of Representatives and to the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate, a report containing a 
description of such violation and the corrective action taken by the 
Agency: Provided further, That in awarding grants for natural family 
planning under section 104 of the Foreign Assistance Act of 1961 no 
applicant shall be discriminated against because of such applicant's 
religious or conscientious commitment to offer only natural family 
planning; and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That for 
purposes of this or any other Act authorizing or appropriating funds 
for foreign operations, export financing, and related programs, the 
term `motivate', as it relates to family planning assistance, shall not 
be construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided 
further, That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 104 of 
the Foreign Assistance Act of 1961:''.
    See also sec. 518 of that Act, relating to the prohibition on 
funding for abortions and involuntary sterilization, sec. 522, relating 
to child survival and disease prevention activities, and sec. 599D, 
relating to authorization for population planning.
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    Sec. 105.\27\ Education and Human Resources Development.--
(a) \28\ In order to reduce illiteracy, to extend basic 
education, and to increase manpower training in skills related 
to development, the President is authorized to furnish 
assistance on such terms and conditions as he may determine, 
for education, public administration, and human resource 
development. There are authorized to be appropriated to the 
President for the purposes of this section, in addition to 
funds otherwise available for such purposes, $180,000,000 for 
fiscal year 1986 and $180,000,000 for fiscal year 1987, which 
are authorized to remain available until expended.\29\
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    \27\ 22 U.S.C. 2151c. Sec. 105 was added by sec. 2(3) of the FA Act 
of 1973.
    \28\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection 
designation ``(a)'' and new subsecs. (b) and (c).
    \29\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 306 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
Authorizations for recent years include fiscal year 1975--$92,000,000; 
fiscal year 1976--$89,200,000; fiscal year 1977--$101,800,000; fiscal 
year 1978--$84,900,000; fiscal year 1979--$126,244,000; fiscal year 
1980--$105,000,000; fiscal year 1981--$101,000,000; fiscal year 1982--
$103,600,000; fiscal year 1983--$103,600,000; fiscal year 1984--
$121,477,000; fiscal year 1985--no authorization; fiscal years 1988 
through 2000--no authorization.
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    (b) \28\<SUP>,</SUP> \30\ Assistance provided under this 
section shall be used primarily to expand and strengthen 
nonformal education methods, especially those designed to 
improve productive skills of rural families and the urban poor 
and to provide them with useful information; to increase the 
relevance of formal education systems to the needs of the poor, 
especially at the primary level, through reform of curricula, 
teaching materials, and teaching methods, and improved teacher 
training; and to strengthen the management capabilities of 
institutions which enable the poor to participate in 
development. Assistance under this section shall also be 
provided for advanced education and training of people of 
developing countries in such disciplines as are required for 
planning and implementation of public and private development 
activities.\31\
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    \30\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made conforming 
amendments by striking out paragraph designation ``(1)'' and by 
striking out paragraph (2). Paragraph (2), previously added by sec. 201 
of Public Law 99-440 (100 Stat. 1094), formerly read as follows:
    ``(2)(A)(i) Of the amounts authorized to be appropriated to carry 
out this section for the fiscal years 1987, 1988, and 1989, not less 
than $4,000,000 shall be used in each such fiscal year to finance 
education, training, and scholarships for the victims of apartheid, 
including teachers and other educational professionals, who are 
attending universities and colleges in South Africa. Amounts available 
to carry out this subparagraph shall be provided in accordance with the 
provisions of section 802(c) of the International Security and 
Development Cooperation Act of 1985.
    ``(ii) Funds made available for each such fiscal year for purposes 
of chapter 4 of part II of this Act may be used to finance such 
education, training, and scholarships in lieu of an equal amount made 
available under this subparagraph.
    ``(B)(i) In addition to amounts used for purposes of subparagraph 
(A), the agency primarily responsible for administering this part, in 
collaboration with other appropriate departments or agencies of the 
United States, shall use assistance provided under this section or 
chapter 4 of part II of this Act to finance scholarships for students 
pursuing secondary school education in South Africa. The selection of 
scholarship recipients shall be by a nationwide panel or by regional 
panels appointed by the United States chief of diplomatic mission to 
South Africa.
    ``(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act for the fiscal years 
1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in 
each such fiscal year for purposes of this subparagraph.
    ``(C)(i) In addition to the assistance authorized in subparagraph 
(A), the agency primarily responsible for administering this part shall 
provide assistance for in-service teacher training programs in South 
Africa through such nongovernmental organizations as TOPS or teachers' 
unions.
    ``(ii) Of the amounts authorized to be appropriated to carry out 
this section and chapter 4 of part II of this Act, up to an aggregate 
of $500,000 for the fiscal year 1987 and up to an aggregate of 
$1,000,000 for the fiscal year 1988 may be used for purposes of this 
subparagraph, subject to standard procedures for project review and 
approval.''.
    \31\ This sentence was added by sec. 103(b) of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360).
---------------------------------------------------------------------------
    (c) \30\<SUP>,</SUP> \32\ * * * [Repealed--1979]
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    \32\ Subsec. (c), which authorized funds during fiscal year 1977 
and fiscal year 1978 for the southern African student program and the 
southern African training program, was repealed by sec. 122 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 366).
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    Sec. 106.\33\ Energy, Private Voluntary Organizations, and 
Selected Development Activities.--(a)(1)(A) \34\ The Congress 
finds that energy development and production are vital elements 
in the development process, that energy shortages in developing 
countries severely limit the development process in such 
countries, that two-thirds of the developing countries which 
import oil depend on it for at least 90 percent of the energy 
which their economies require, and that the dramatic increase 
in world oil prices since 1973 has resulted in considerable 
economic hardship for many developing countries. The Congress 
is concerned that the value and purpose of much of the 
assistance provided to developing countries under sections 103, 
104, and 105 are undermined by the inability of many developing 
countries to satisfy their energy requirements. Unless the 
energy deficit of the developing countries can be narrowed by 
more fully exploiting indigenous sources of energy such as oil, 
natural gas, and coal, scarce foreign exchange will 
increasingly have to be diverted to oil imports, primarily to 
the detriment of long-term development and economic growth.
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    \33\ 22 U.S.C. 2151d. Sec. 106, as added by Public Law 94-161 (89 
Stat. 849), was amended by sec. 104 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360) by 
redesignating subsecs. (a) and (b) as (c) and (d) and by adding new 
subsecs. (a) and (b). Sec. 304(a) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) 
substituted the current section heading in lieu of ``Technical 
Assistance, Energy, Research, Reconstruction, and Selected Development 
Activities''. A prior version of sec. 106 (added in 1973 by Public Law 
93-189) had also been repealed by Public Law 94-161.
    See also the Energy Policy Act of 1992 (Public Law 102-486; 106 
Stat. 2776), particularly title XII, as it relates to the export of 
renewable energy technologies, and title XIII, as it relates to the 
export of clean coal technology. See Legislation on Foreign Relations 
Through 1999, vol. IV, sec. L.
    \34\ Sec. 304(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
pars. (1), (2), (3), and (4) of subsec. (a) as subpars. (A), (B), (C), 
and (D), respectively; redesignated subpars. (A), (B), and (C) of 
former par. (3) as clauses (i), (ii), and (iii), respectively; and 
added a new par. (2).
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    (B) \34\ 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) \34\ 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) \34\ 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) \34\ 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) \34\ 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) \34\ 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) \34\ 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) \33\ (1) \35\ 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.
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    \35\ Sec. 304(c) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
pars. (1) and (2) of subsec. (b) as subpars. (A) and (B), respectively, 
and added a new par. (2). Subsequently, designation of subpar. (A) was 
struck out and subpar. (B) was repealed by sec. 1211(a)(2) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 279). Subpar. (B) previously read as follows: ``Of 
the funds made available to carry out this section, up to $7,000,000 
for the fiscal year 1981 shall be used for purposes of paragraph (A) to 
facilitate geological and geophysical survey work to locate potential 
oil, natural gas, and coal reserves and to encourage exploration for 
potential oil, natural gas, and coal reserves in developing countries 
which are not members of the Organization of Petroleum Exporting 
Countries''.
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    (2) \35\ The President is authorized to furnish assistance 
under this chapter for cooperative programs with developing 
countries in energy production and conservation through 
research on and development and use of small-scale, 
decentralized, renewable energy sources for rural areas carried 
out as integral parts of rural development efforts in 
accordance with section 103 of this Act. Such programs shall 
also be directed toward the earliest practicable development 
and use of energy technologies which are environmentally 
acceptable, require minimum capital investment, are most 
acceptable to and affordable by the people using them, are 
simple and inexpensive to use and maintain, and are 
transferable from one region of the world to another. Such 
programs may include research on and the development, 
demonstration, and application of suitable energy technologies 
(including use of wood); analysis of energy uses, needs, and 
resources; training and institutional development; and 
scientific interchange.
    (c) \36\ The agency primarily responsible for administering 
this part and the Department of Energy shall coordinate with 
one another, to the maximum extent possible, the planning and 
implementation of energy programs under this chapter.
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    \36\ Sec. 304 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated 
subsec. (c) as subsec. (d), amended former subsec. (d) and redesignated 
it as subsec. (e), and added a new subsec. (c).
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    (d) \36\ The President is authorized to furnish assistance, 
on such terms and conditions as he may determine, for the 
following activities, to the extent that such activities are 
not authorized by sections 103, 104, and 105 of this Act:
          (1) programs of technical cooperation and 
        development, particularly the development efforts of 
        United States private and voluntary agencies and 
        regional and international development organizations;
          (2) \37\ 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;
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    \37\ Sec. 104(b)(1) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 360) struck out par. (2), which 
concerned various programs designed to alleviate energy problems 
experienced by developing countries, and redesignated pars. (3) through 
(6) as pars. (2) through (5), respectively.
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          (3) \37\ programs of reconstruction following natural 
        or manmade disasters and programs of disaster 
        preparedness,\38\ including the prediction of and 
        contingency planning for natural disasters abroad;
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    \38\ The reference to the program of disaster preparedness was 
added by sec. 304(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533).
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          (4) \37\ 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) \37\ 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) \36\ (1) There are authorized to be appropriated to the 
President for purposes of this section, in addition to funds 
otherwise available for such purposes, $207,000,000 for fiscal 
year 1986 and $207,000,000 for fiscal year 1987.\39\
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    \39\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 309(b) of the International Security and Development Act 
of 1985 (Public Law 99-83; 99 Stat. 190). Authorizations for recent 
years included the following: fiscal year 1976--$99,550,000; fiscal 
year 1977--$104,500,000; fiscal year 1978--$105,000,000; fiscal year 
1979--$126,244,000; fiscal year 1980--$125,000,000; fiscal year 1981--
$140,000,000; fiscal year 1982--$147,200,000; fiscal year 1983--
$147,200,000; fiscal year 1984--$160,000,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2000--no authorization.
    Sec. 105 of Public Law 96-53 struck out language in subsec. (e) 
which provided $30,000,000 during the period July 1, 1975, to Sept. 3, 
1977, for reimbursement to private voluntary agencies of the United 
States for costs incurred with respect to the shipment of food and 
nonfood commodities provided through private donations.
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    (2) Amounts appropriated under this section are authorized 
to remain available until expended.
    (f) \40\ Of the amounts authorized to be appropriated to 
carry out this chapter $5,000,000 for fiscal year 1986 and 
$5,000,000 for fiscal year 1987 shall be used to finance 
cooperative projects among the United States, Israel, and 
developing countries.
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    \40\ Subsec. (f) was added by sec. 307(b) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 190).
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    Sec. 107.\41\ Appropriate Technology.--(a) In carrying out 
activities under this chapter, the President shall place 
special emphasis on the use of relatively smaller, cost-saving, 
labor-using technologies that are generally most appropriate 
for the small farms, small businesses, and small incomes of the 
poor.
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    \41\ 22 U.S.C. 2151e. Sec. 107, as added by sec. 306 of Public Law 
94-161, was amended and restated by sec. 107 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 947).
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    (b) Funds made available to carry out this chapter should 
be used to the extent practicable for activities in the field 
of appropriate technology, including support of an expanded and 
coordinated private effort to promote the development and 
dissemination of appropriate technology in developing 
countries.
    Sec. 108.\42\ Application of Existing Provision.--* * * 
[Repealed--1978]
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    \42\ Sec. 108, as added by the FA Act of 1973, was repealed by sec. 
102(g)(2)(K)(i) of the International Development and Food Assistance 
Act of 1978 (92 Stat. 943).
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    Sec. 108.\43\ Private Sector Revolving Fund.--(a) \44\ The 
Congress finds that the development of private enterprise, 
including cooperatives, is a vital factor in the stable growth 
of developing countries and in the development and stability of 
a free, open, and equitable international economic system. It 
is therefore in the best interests of the United States to 
assist the development of the private sector in developing 
countries and to engage the United States private sector in 
that process. In order to promote such private sector 
development, the President is authorized to establish a 
revolving fund account in the United States Treasury. All funds 
deposited in such account shall, notwithstanding any provision 
in an appropriation Act to the contrary, be free from fiscal 
year limitations.
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    \43\ 22 U.S.C. 2151f.
    \44\ Sec. 108(a)-(h) was added by the International Security and 
Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of 
the Further Continuing Appropriations, 1984; Public Law 98-151; 97 
Stat. 972). Sec. 101(b)(2) of Public Law 98-151 stipulated that sec. 
108 would be enacted as contained in sec. 407 of H.R. 2992, as reported 
by the House Committee on Foreign Affairs on May 17, 1983.
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    (b) \44\ Of the funds made available under this chapter in 
each of the fiscal years 1986 and 1987, up to $18,000,000 may 
be deposited in this account. Such funds used in accordance 
with the policies and authorities of this section shall be in 
addition to other funds available for private sector activities 
under other authorities in this Act. Any reflows and income 
arising from activities carried out pursuant to this section, 
including loan repayments and fee income (as provided in 
subsection (e) of this section), shall be deposited into the 
revolving fund and remain available to carry out the purposes 
of this section. All funds in such account may be invested in 
obligations of the United States.
    (c) \44\ (1) The agency primarily responsible for 
administering this part is authorized to use the funds 
maintained in this revolving fund account to furnish assistance 
in furtherance of the policy of subsection (a) on such terms 
and conditions as it may determine. Amounts in the revolving 
fund account shall be available for obligation for assistance 
under this section only to such extent as may be provided in 
advance in appropriation Acts. Assistance may be provided under 
this section without regard to sections 604(a) and 620(r) of 
this Act.\45\
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    \45\ Congress did not enact an authorization for fiscal year 2000. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, as introduced on November 17, 
1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 
113 Stat. 1535), waived the requirement for authorization, and title II 
of that Act provided the following:
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        ``micro and small enterprise development program account
---------------------------------------------------------------------------
    ``For the cost of direct loans and loan guarantees, $1,500,000, as 
authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided further, That 
guarantees of loans made under this heading in support of 
microenterprise activities may guarantee up to 70 percent of the 
principal amount of any such loans notwithstanding section 108 of the 
Foreign Assistance Act of 1961. In addition, for administrative 
expenses to carry out programs under this heading, $500,000, all of 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the Agency for International Development: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2001.''.
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    (2) Assistance under this section may be provided only to 
support private sector activities which--
          (A) are consistent with the United States development 
        assistance policies set forth in section 102 of this 
        Act and with the development priorities of the host 
        country;
          (B) are the types of activities for which assistance 
        may be provided under sections 103 through 106 of this 
        Act;
          (C) will have a demonstration effect;
          (D) will be innovative;
          (E) are financially viable;
          (F) will maximize the development impact appropriate 
        to the host country, particularly in employment and the 
        use of appropriate technology; and
          (G) are primarily directed to making available to 
        small business enterprises and cooperatives necessary 
        support and services which are not otherwise generally 
        available.
In determining whether an enterprise is a small business 
enterprise, the agency primarily responsible for administering 
this part shall take into consideration the enterprise's total 
net fixed assets and number of employees, together with the 
relevant definition utilized by the host country government and 
the International Bank for Reconstruction and Development and 
other international organizations.
    (3)(A) Not more than $3,000,000 may be made available under 
this section to support any one project.
    (B) Not more than 50 per centum of the financial support 
for any project may be provided under this section, and a 
substantial portion of the financial support for a project 
assisted under this section must be provided by sources within 
the host country.
    (C) Not more than 20 per centum of the assets of the 
revolving fund account under this section may be used to 
support projects in any one country.
    (D) In order to maximize the impact on institution 
building, loans under this section shall be made primarily to 
intermediary entities which provide necessary support and 
services for private sector activities.
    (E) Loans under this section shall be at or near the 
interest rate otherwise available to the recipient.
    (d) \44\ (1) If at any time the assets of the revolving 
fund account exceeds $100,000,000, the President shall remit 
the amount in excess of $100,000,000 to the United States 
Treasury.
    (2) As used in this section, ``assets'' includes amounts in 
the revolving fund account plus the value of investments made 
with amounts from the fund plus the current value of 
outstanding obligations under loans under this section.
    (3) In addition to the requirement of paragraph (1), at the 
end of any fiscal year, the agency primarily responsible for 
administering this part may determine that amounts in the 
revolving fund are sufficient to permit the remittance to the 
United States Treasury of an amount equal to a portion or the 
total amount of appropriated funds deposited in the revolving 
fund. Any such remittance shall be deemed to be a decrease in 
the appropriated funds in the revolving fund. After remittance 
has been made of an amount equal to the total amount of 
appropriated funds, the revolving fund shall consist and be 
deemed to consist entirely of nonappropriated funds.
    (e) \44\ A fee may be charged, where appropriate, in 
carrying out activities with funds from the revolving fund 
authorized in this section. The amount of any such fee shall be 
determined by the agency primarily responsible for 
administering this part.
    (f) \44\ In the event the revolving fund is terminated, all 
unobligated money in the fund at the time of such termination 
shall be transferred to and become part of the miscellaneous 
receipts account of the Treasury.
    (g) \44\ As part of its annual congressional presentation 
documents submitted to the Congress, the agency primarily 
responsible for administering this part shall include a 
description of projects proposed to be funded from the 
revolving fund account for that fiscal year. To the extent that 
projects are proposed for funding which are not contained in 
the annual congressional presentation documents, at least 
fifteen days' advance notification shall be provided to the 
Congress in accordance with section 634A of this Act.
    (h) \44\ Not later than December 31 of each year, the 
President shall submit a comprehensive report which details all 
projects funded under this section during the previous fiscal 
year, all reflows to the revolving fund account, a status 
report on all projects currently contained in the fund's 
portfolio. Such reports shall include, but not be limited to, 
information regarding numbers and kinds of beneficiaries 
reached, amounts and kinds of benefits provided by the funded 
projects to targeted populations, and a justification for 
projects within the context of the goals and objectives of the 
United States development assistance program.
    (i) \46\ (1) To carry out the purposes of subsection (a), 
in addition to the other authorities set forth in this section, 
the agency primarily responsible for administering this part is 
authorized to issue guarantees on such terms and conditions as 
it shall determine assuring against losses incurred in 
connection with loans made to projects that meet the criteria 
set forth in subsection (c). The full faith and credit of the 
United States is hereby pledged for the full payment and 
performance of such guarantees.
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    \46\ Sec. 108(i) was added by sec. 2211 of the Omnibus Trade and 
Competitiveness Act of 1988 (Public Law 100-418; 102 Stat. 1335).
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    (2) Loans guaranteed under this subsection shall be on such 
terms and conditions as the agency may prescribe, except for 
the following:
          (A) The agency shall issue guarantees only when it is 
        necessary to alleviate a credit market imperfection.
          (B) Loans guaranteed shall provide for complete 
        amortization within a period not to exceed ten years 
        or, if the principal purpose of the guaranteed loan is 
        to finance the construction or purchase of a physical 
        asset with a useful life of less than ten years, within 
        a period not to exceed such useful life.
          (C) No loan guaranteed to any one borrower may exceed 
        50 percent of the cost of the activity to be financed, 
        or $3,000,000, whichever is less, as determined by the 
        agency.
          (D) No loan may be guaranteed unless the agency 
        determines that the lender is responsible and that 
        adequate provision is made for servicing the loan on 
        reasonable terms and protecting the financial interest 
        of the United States.
          (E) The fees earned from the loan guarantees issued 
        under this subsection shall be deposited in the 
        revolving fund account as part of the guarantee reserve 
        established under paragraph (5) of this subsection. 
        Fees shall be assessed at a level such that the fees 
        received, plus the funds from the revolving fund 
        account placed in the guarantee reserve satisfy the 
        requirements of paragraph (5). Fees shall be reviewed 
        every twelve months to ensure that the fees assessed on 
        new loan guarantees are at the required level.
          (F) Any guarantee shall be conclusive evidence that 
        such guarantee has been properly obtained, and that the 
        underlying loan as contracted qualifies for such 
        guarantee. Except for fraud or material 
        misrepresentation for which the parties seeking payment 
        under such guarantee are responsible, such guarantee 
        shall be presumed to be valid, legal, and enforceable.
          (G) The agency shall determine that the standards 
        used by the lender for assessing the credit risk of new 
        and existing guaranteed loans are reasonable. The 
        agency shall require that there be a reasonable 
        assurance of repayment before credit assistance is 
        extended.
          (H) Commitments to guarantee loans may be made by the 
        agency only to the extent that the total loan 
        principal, any part of which is guaranteed, will not 
        exceed the amount specified in annual appropriations 
        Acts.
    (3) To the extent that fees are not sufficient as specified 
under paragraph (2)(E) to cover expected future liabilities, 
appropriations are authorized to maintain an appropriate 
reserve.
    (4) The losses guaranteed under this subsection may be in 
dollars or in other currencies. In the case of loans in 
currencies other than dollars, the guarantees issued shall be 
subject to an overall payment limitation expressed in dollars.
    (5) The agency shall segregate in the revolving fund 
account and hold as a reserve an amount estimated to be 
sufficient to cover the agency's expected net liabilities on 
the loan guarantees outstanding under this subsection; except 
that the amount held in reserve shall not be less than 25 
percent of the principal amount of the agency's outstanding 
contingent liabilities on such guarantees. Any payments made to 
discharge liabilities arising from the loan guarantees shall be 
paid first out of the assets in the revolving fund account and 
next out of other funds made available for this purpose.
    Sec. 109.\47\ Transfer of Funds.--Whenever \48\ the 
President determines it to be necessary for the purposes of 
this chapter, not to exceed 15 per centum of the funds made 
available for any provision of this chapter may be transferred 
to, and consolidated with, the funds made available for any 
other provision of this chapter, and may be used for any of the 
purposes for which such funds may be used, except that the 
total in the provision for the benefit of which the transfer is 
made shall not be increased by more than 25 per centum of the 
amount of funds made available for such provision. The 
authority of sections 610(a) and 614(a) of this Act may not be 
used to transfer funds made available under this chapter for 
use for purposes of any other provision of this Act except that 
the authority of such sections may be used to transfer for the 
purposes of section 667 not to exceed five per centum of the 
amount of funds made available for section 667(a)(1).\49\
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    \47\ 22 U.S.C. 2151g. Sec. 109 was added by sec. 2(3) of the FA Act 
of 1973.
    Sec. 509 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November 
17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
113; 113 Stat. 1535), provided the following:
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                      ``transfers between accounts
---------------------------------------------------------------------------
    ``Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.''.
    Title II of that Act, furthermore, provided the following:
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                        ``development assistance

                    ``(including transfer of funds)
---------------------------------------------------------------------------
    ``* * * Provided further, That, notwithstanding section 109 of the 
Foreign Assistance Act of 1961, of the funds appropriated under this 
heading in this Act, and of the unobligated balances of funds 
previously appropriated under this heading, $2,500,000 may be 
transferred to `International Organizations and Programs' for a 
contribution to the International Fund for Agricultural Development 
(IFAD):''.
    \48\ The words ``Notwithstanding sec. 108 of this Act,'' that had 
previously appeared in front of ``whenever,'' were struck by sec. 
102(g)(2)(K)(ii) of the International Development and Food Assistance 
Act of 1978 (92 Stat. 943).
    \49\ The words to this point beginning with ``except that the 
authority of such sections * * *'' were added by sec. 129(b) of the 
International Development and Food Assistance Act of 1977 (91 Stat. 
543).
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    Sec. 110.\50\ Cost-Sharing and Funding Limits.--No 
assistance shall be furnished by the United States Government 
to a country under sections 103 through 106 of this Act until 
the country provides assurances to the President, and the 
President is satisfied, that such country provide at least 25 
per centum of the costs of the entire program, project, or 
activity with respect to which such assistance is to be 
furnished, except that such costs borne by such country may be 
provided on an ``in-kind'' basis.\51\
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    \50\ 22 U.S.C. 2151h. Sec. 110 was added by sec. 2(3) of the FA Act 
of 1973. Sec. 1211(a)(3) of the International Security and Development 
Cooperation Act of 1985 deleted par. (b) and removed the ``(a)'' 
designation from the preceding paragraph. Par. (b) previously read as 
follows:
    ``No grant assistance shall be disbursed by the United States 
Government under sections 103 through 106 of this Act for a project, 
for a period exceeding thirty-six consecutive months, without further 
justification satisfactory to the Congress and efforts being made to 
obtain sources of financing within that country and from other foreign 
countries and multilateral organizations.''.
    The initial phrase of subsec. (b), which had been added by Public 
Law 95-88 (91 Stat. 535), was struck by sec. 112(b)(2) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
949). It previously read as follows:
    ``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',''.
    \51\ The following phrase, as added by Public Law 94-161 (89 Stat. 
849) and previously appeared at this point, was struck by sec. 
112(b)(1) of the International Development and Food Assistance Act of 
1978 (92 Stat. 949): ``and except that the President may waive this 
cost-sharing requirement in the case of a project or activity in a 
country which the agency primarily responsible for administering part I 
of this Act determines is relatively least developed based on the 
United Nations Conference on Trade and Development list of `relatively 
least developed countries'.''.
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    Sec. 111.\52\ Development and Use of Cooperatives.--In 
order to strengthen the participation of the rural and urban 
poor in their country's development, high priority shall be 
given to increasing the use of funds made available under this 
Act for technical and capital assistance in the development and 
use \53\ of cooperatives in the less developed countries which 
will enable and encourage greater numbers of the poor to help 
themselves toward a better life.\54\
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    \52\ 22 U.S.C. 2151i. Sec. 111, as added by sec. 2(3) of the FA Act 
of 1973, was amended by sec. 308 of Public Law 94-161 (89 Stat. 849). 
It formerly read as follows: ``In order to strengthen the participation 
of the urban and rural poor in their country's development, not less 
than $20,000,000 of the funds made available for the purposes of this 
chapter shall be available during the fiscal years 1974 and 1975 only 
for assistance in the less developed countries which will enable and 
encourage greater numbers of the poor to help themselves toward a 
better life.''.
    \53\ The words ``technical and capital assistance in the 
development and use'' were inserted in lieu of ``assistance in the 
development'' by sec. 107(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 535).
    \54\ A sentence that earmarked funds specifically for technical 
assistance to carry out the purposes of this section and had previously 
appeared at this point was repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
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    Sec. 112.\55\ Prohibiting Police Training.--* * * 
[Repealed--1974]
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    \55\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was 
repealed by sec. 30(b) of the FA Act of 1974. (See sec. 660 of this 
Act, ``Prohibiting Police Training'').
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    Sec. 113.\56\ Integrating Women Into National Economies.--
(a) In recognition of the fact that women in developing 
countries play a significant role in economic production, 
family support, and the overall development process of the 
national economies of such countries, this part shall be 
administered so as to give particular attention to those 
programs, projects, and activities which tend to integrate 
women into the national economies of developing countries, thus 
improving their status and assisting the total development 
effort.
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    \56\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA Act 
of 1973, was amended and restated by sec. 108 of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
536). Sec. 113 formerly read as follows:
    ``Sec. 113. Integrating Women Into National Economies.--Part I of 
this Act 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 foreign countries, thus improving their 
status and assisting the total development effort.''.
    Subsecs. (b) and (c), as added by Public Law 95-88 and which 
required a report from the President concerning the impact of 
development programs, projects, and activities on the integration of 
women into the developing economies of countries receiving assistance 
under this part, were repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366) 
(such report was submitted to the Congress on August 3, 1978). This 
subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92 
Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
    The current text of subsec. (c) was added by sec. 305 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1533).
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    (b) \56\ (1) Up to $10,000,000 of the funds made available 
each fiscal year under this chapter and chapter 10 of this part 
\57\ 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.
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    \57\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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    (2) Nothing in this section shall be construed to authorize 
the establishment of a separate development assistance program 
for women.
    (c) \56\ Not less than $500,000 of the funds made available 
under this chapter for fiscal year 1982 shall be expended on 
international programs which support the original goals of the 
United Nations Decade for Women.
    Sec. 114.\58\ Limiting Use of Funds for Abortions or 
Involuntary Sterilization.--* * * [Repealed--1978]
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    \58\ Sec. 114, as added by the FA Act of 1973, was repealed by sec. 
104(b) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 947). See sec. 104(f) of this Act for new 
language concerning this issue.
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    Sec. 115.\59\ Prohibiting Use of Funds for Certain 
Countries.--* * * [Repealed--1978]
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    \59\ Sec. 115, as added by the FA Act of 1974, was repealed by sec. 
102(f) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 942).
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    Sec. 116.\60\ Human Rights.--(a) No assistance may be 
provided under this part to the government of any country which 
engages in a consistent pattern of gross violations of 
internationally recognized human rights, including torture or 
cruel, inhuman, or degrading treatment or punishment, prolonged 
detention without charges, causing the disappearance of persons 
by the abduction and clandestine detention of those 
persons,\61\ or other flagrant denial of the right to life, 
liberty, and the security of person, unless such assistance 
will directly benefit the needy people in such country.
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    \60\ 22 U.S.C. 2151n. Sec. 116 was added by sec. 310 of Public Law 
94-161 (89 Stat. 849). See also in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000, sec. 538, 
relating to special authorities, and sec. 541, relating to eligibility 
for assistance.
    \61\ This phrase beginning with ``causing the disappearance of * * 
*'' was added by sec. 701(a) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).
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    (b) In determining whether this standard is being met with 
regard to funds allocated under this part, the Committee on 
Foreign Relations of the Senate or the Committee on Foreign 
Affairs \62\ of the House of Representatives may require the 
Administrator primarily responsible for administering part I of 
this Act to submit in writing information demonstrating that 
such assistance will directly benefit the needy people in such 
country, together with a detailed explanation of the assistance 
to be provided (including the dollar amounts of such 
assistance) and an explanation of how such assistance will 
directly benefit the needy people in such country. If either 
committee or either House of Congress disagrees with the 
Administrator's justification it may initiate action to 
terminate assistance to any country by a concurrent resolution 
under section 617 of this Act.
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    \62\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat. 
186) provided that references to the Committee on Foreign Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on International Relations of the House of Representatives.
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  (b) \63\ No assistance may be provided to any government 
failing to take appropriate and adequate measures, within their 
means, to protect children from exploitation, abuse or forced 
conscription into military or paramilitary services.
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    \63\ Sec. 599D of the of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2066), added this second subsec. (b).
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    (c) \64\ In determining whether or not a government falls 
within the provisions of subsection (a) and in formulating 
development assistance programs under this part, the 
Administrator shall consider, in consultation with the 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor\65\ and in consultation with the Ambassador at Large for 
International Religious Freedom--\66\
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    \64\ Sec. 111 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 537) amended and restated 
subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d) 
formerly read as follows:
    ``(c) In determining whether or not a government falls within the 
provisions of subsection (a), consideration shall be given to the 
extent of cooperation of such government in permitting an unimpeded 
investigation of alleged violations of internationally recognized human 
rights by appropriate international organizations, including the 
International Committee of the Red Cross, or groups or persons acting 
under the authority of the United Nations or of the Organization of 
American States.
    ``(d) The President shall transmit to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate, 
in the annual presentation materials on proposed economic development 
assistance programs, a full and complete report regarding the steps he 
has taken to carry out the provisions of this section.''.
    \65\ Sec. 162(e)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``Assistant Secretary for Human Rights and Humanitarian Affairs'' 
and inserted in lieu thereof ``Assistant Secretary of State for 
Democracy, Human Rights, and Labor''. Previously, ``Assistant 
Secretary'' was inserted in lieu of ``Coordinator'' by sec. 109(a)(2) 
of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public 
Law 95-105; 91 Stat. 846).
    \66\ Sec. 421(a)(1) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2809) added ``and in consultation 
with the Ambassador at Large for International Religious Freedom'' 
after ``Labor''.
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          (1) the extent of cooperation of such government in 
        permitting an unimpeded investigation of alleged 
        violations of internationally recognized human rights 
        by appropriate international organizations, including 
        the International Committee of the Red Cross, or groups 
        or persons acting under the authority of the United 
        Nations or of the Organization of American States; \67\
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    \67\ Sec. 421(a) of the International Religious Freedom Act of 1998 
(Public Law 105-292; 112 Stat. 2809) struck out ``and'' at the end of 
para. (1); replaced a period at the end of para. (2) with `; and''; and 
added para. (3).
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          (2) specific actions which have been taken by the 
        President or the Congress relating to multilateral or 
        security assistance to a less developed country because 
        of the human rights practices or policies of such 
        country; and \67\
          (3) \67\ whether the government--
                  (A) has engaged in or tolerated particularly 
                severe violations of religious freedom, as 
                defined in section 3 of the International 
                Religious Freedom Act of 1998; or
                  (B) has failed to undertake serious and 
                sustained efforts to combat particularly severe 
                violations of religious freedom (as defined in 
                section 3 of the International Religious 
                Freedom Act of 1998), when such efforts could 
                have been reasonably undertaken.
    (d) \64\ The Secretary of State shall transmit to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate, by February 25 \68\ of each 
year, a full and complete report regarding--
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    \68\ Sec. 2216(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681), struck out ``January 31'' and inserted in 
lieu thereof ``February 25''.
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          (1) \69\ the status of internationally recognized 
        human rights, within the meaning of subsection (a)--
---------------------------------------------------------------------------
    \69\ Paragraph (1) was amended and restated by sec. 504 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 378) by adding the requirement contained in clause (B). Sec. 504 
also required a report from the Secretary of State by November 15, 
1979, on the impact on the foreign relations of the United States of 
the reports required by this Act on the human rights practices of 
foreign governments.
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                  (A) in countries that receive assistance 
                under this part, and
                  (B) in all other foreign countries which are 
                members of the United Nations and which are not 
                otherwise the subject of a human rights report 
                under this Act;
          (2) \70\ wherever applicable, practices regarding 
        coercion in population control, including coerced 
        abortion and involuntary sterilization;
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    \70\ A new para. (2) was added and the former para. (2) was 
redesignated as para. (3) by sec. 127 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 
Stat. 1342). Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat. 
3864) struck out ``and'' at the end of para. (2), redesignated para. 
(3) as para. (5), and added new paras. (3) and (4). See also footnote 
71.
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          (3) \71\ the status of child labor practices in each 
        country, including--
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    \71\ Sec. 2216(2) and (3) of the Foreign Relations Authorization 
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681), redesignated paras. (3) through (6) as 
paras. (4) through (7) and added a new para. (3). At the time of 
enactment of Public Law 105-277, however, no para. (6) was contained in 
the section. Public Law 105-292 added para. (6) later, shown here 
redesignated as para. (7).
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                  (A) whether such country has adopted policies 
                to protect children from exploitation in the 
                workplace, including a prohibition of forced 
                and bonded labor and policies regarding 
                acceptable working conditions; and
                  (B) the extent to which each country enforces 
                such policies, including the adequacy of the 
                resources and oversight dedicated to such 
                policies;
          (4) \70\<SUP>,</SUP> \71\ the votes of each member of 
        the United Nations Commission on Human Rights on all 
        country-specific and thematic resolutions voted on at 
        the Commission's annual session during the period 
        covered during the preceding year;
          (5) \70\ the extent to which each country has 
        extended protection to refugees, including the 
        provision of first asylum and resettlement; \72\
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    \72\ Sec. 102(d)(1) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2794) struck out ``and'' at the end 
of para. (4); replaced a period at the end of this para. (5) with ``; 
and''; and added a new para. (6). Paras. (4) and (5), however, had 
already been redesignated as paras. (5) and (6) by sec. 2216 of Public 
Law 105-277. Sec. 2216 of Public Law 105-277 also redesignated a then-
nonexistent para. (6) as para. (7). The amendment has been made to the 
subsequently enacted para. (6), shown here as para. (7).
    Sec. 806(a) of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``and'' at the end of para. (6), struck out a 
period at the end of para. (7) and inserted in lieu thereof ``and'', 
and added a new para. (8).
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          (6) \70\<SUP>,</SUP> \72\ the steps the Administrator 
        has taken to alter United States programs under this 
        part in any country because of human rights 
        considerations;
          (7) \71\<SUP>,</SUP> \72\ wherever applicable, 
        violations of religious freedom, including particularly 
        severe violations of religious freedom (as defined in 
        section 3 of the International Religious Freedom Act of 
        1998) and
          (8) \72\ wherever applicable, consolidated 
        information regarding the commission of war crimes, 
        crimes against humanity, and evidence of acts that may 
        constitute genocide (as defined in article 2 of the 
        Convention on the Prevention and Punishment of the 
        Crime of Genocide and modified by the United States 
        instrument of ratification to that convention and 
        section 2(a) of the Genocide Convention Implementation 
        Act of 1987).
    (e) \64\<SUP>,</SUP> \73\ The President is authorized and 
encouraged to use not less than $3,000,000 of the funds made 
available under this chapter, chapter 10 of this part,\74\ and 
chapter 4 of part II for each fiscal year for studies to 
identify, and for openly carrying out, programs and activities 
which will encourage or promote increased adherence to civil 
and political rights, including the right to free religious 
belief and practice,\75\ as set forth in the Universal 
Declaration of Human Rights, in countries eligible for 
assistance under this chapter or under chapter 10 of this part, 
except that funds made available under chapter 10 of this part 
may only be used under this subsection with respect to 
countries in sub-Saharan Africa. None of these funds may be 
used, directly or indirectly, to influence the outcome of any 
election in any country.
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    \73\ The first phrase, ``The President is authorized and encouraged 
to use not less than'', was added by sec. 109(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 947).
    The authorization level of $3,000,000 and the reference to funds 
available under chapter 4 of part II were added by sec. 1002(a)(1) of 
the Department of State Authorization Act, Fiscal Years 1984 and 1985 
(Public Law 98-164; 97 Stat. 1052). Previously, amendments by sec. 306 
of the International Security and Development Cooperation Act of 1981 
(Public Law 97-113; 95 Stat. 1533), sec. 504 of Public Law 96-533 (94 
Stat. 378), and sec. 109(2) of Public Law 95-424 (92 Stat. 947) 
authorized the use of $1,500,000 for this purpose in fiscal years 1982-
1983, fiscal year 1981, and fiscal year 1979, respectively. The 
original text of subsec. (e), added by sec. 111 of Public Law 95-88 (91 
Stat. 537), authorized the use of $750,000 for this purpose during 
fiscal year 1978.
    The authorization level of $1,500,000 for the fiscal year 1986 and 
for each fiscal year thereafter was added by sec. 202 of Public Law 99-
440 (100 Stat. 1095).
    Paragraph designation ``(1)'' and a new par. (2) were added to 
subsec. (e) by sec. 1002(a)(3) of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052). 
Par. (2) subsequently was repealed by sec. 4(a)(3)(B) of the South 
African Democratic Transition Support Act of 1993 (Public Law 103-149; 
107 Stat. 1505), and the designation for par. (1) was struck out.
    Par. (2) of subsec. (e) had stated a priority, with supporting 
guidelines and conditions, for giving grants to ``nongovernmental 
organizations in South Africa promoting political, economic, social, 
juridical, and humanitarian efforts to foster a just society and to 
help victims of apartheid.''.
    Section 4(a)(3)(B) of the South African Democratic Transition 
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) also repealed 
subsec. (f) and (g) of sec. 116, which had been added by sec. 202(b) of 
Public Law 99-440 (100 Stat. 1095).
    Subsec. (f) directed not less than $500,000 under section (e)(2)(A) 
to be used ``for direct legal and other assistance to political 
detainees and prisoners and their families, including the investigation 
of the killing of protesters and prisoners, and for support for actions 
of black-led community organizations to resist, through nonviolent 
means, the enforcement of apartheid policies...''.
    Subsec. (g) directed $175,000 each fiscal year to ``be used for 
direct assistance to families of victims of violence such as 
`necklacing' and other such inhumane acts'', and another $175,000 to 
``be made available to black groups in South Africa which are actively 
working toward a multi-racial solution to the sharing of political 
power in that country through nonviolent, constructive means.''.
    \74\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``, chapter 10 of this part,'' here, and text at 
the end of the first sentence beginning at ``or under chapter 10''.
    \75\ Sec. 501(b) of the International Religious Freedom Act of 1998 
(Public Law 105-292; 112 Stat. 2811) inserted ``, including the right 
to free religious belief and practice'' after ``adherence to civil and 
political rights''. Subsec. (a) of that sec. provided the following:
    ``sec. 501. assistance for promoting religious freedom.
    ``(a) Findings.--Congress makes the following findings:
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          ``(1) In many nations where severe violations of religious 
        freedom occur, there is not sufficient statutory legal 
        protection for religious minorities or there is not sufficient 
        cultural and social understanding of international norms of 
        religious freedom.
          ``(2) Accordingly, in the provision of foreign assistance, 
        the United States should make a priority of promoting and 
        developing legal protections and cultural respect for religious 
        freedom.''.
    (f) \76\ (1) The report required by subsection (d) shall 
include--
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    \76\ Sec. 597 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
added subsec. (f).
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          (A) a list of foreign states where trafficking in 
        persons, especially women and children, originates, 
        passes through, or is a destination; and
          (B) an assessment of the efforts by the governments 
        of the states described in paragraph (A) to combat 
        trafficking. Such an assessment shall address--
                  (i) whether government authorities in each 
                such state tolerate or are involved in 
                trafficking activities;
                  (ii) which government authorities in each 
                such state are involved in anti-trafficking 
                activities;
                  (iii) what steps the government of each such 
                state has taken to prohibit government 
                officials and other individuals from 
                participating in trafficking, including the 
                investigation, prosecution, and conviction of 
                individuals involved in trafficking;
                  (iv) what steps the government of each such 
                state has taken to assist trafficking victims;
                  (v) whether the government of each such state 
                is cooperating with governments of other 
                countries to extradite traffickers when 
                requested;
                  (vi) whether the government of each such 
                state is assisting in international 
                investigations of transnational trafficking 
                networks; and
                  (vii) whether the government of each such 
                state refrains from prosecuting trafficking 
                victims or refrains from other discriminatory 
                treatment towards victims.
          (2) In compiling data and assessing trafficking for 
        the purposes of paragraph (1), United States Diplomatic 
        Mission personnel shall consult with human rights and 
        other appropriate nongovernmental organizations.
          (3) For purposes of this subsection--
                  (A) the term ``trafficking'' means the use of 
                deception, coercion, debt bondage, the threat 
                of force, or the abuse of authority to recruit, 
                transport within or across borders, purchase, 
                sell, transfer, receive, or harbor a person for 
                the purposes of placing or holding such person, 
                whether for pay or not, in involuntary 
                servitude, slavery or slavery-like conditions, 
                or in forced, bonded, or coerced labor;
                  (B) the term ``victim of trafficking'' means 
                any person subjected to the treatment described 
                in subparagraph (A).
    Sec. 117.\77\ Assistance for Disadvantaged South 
Africans.--* * * [Repealed--1993]
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    \77\ Formerly at 22 U.S.C. 2151o. Sec. 117 was repealed by sec. 
4(a)(3)(B) of the South African Democratic Transition Support Act of 
1993 (Public Law 103-149; 107 Stat. 1505). It had been added originally 
by sec. 201(b) of Public Law 99-440 (100 Stat. 1094). Sec. 117 provided 
assistance for disadvantaged South Africans through South African 
nongovernmental organizations, such as the Educational Opportunities 
Council, the South African Institute of Race Relations, READ, 
professional teachers' unions, the Outreach Program of the University 
of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust, 
TOPS, the Wilgespruit Fellowship Center (WFC), and civic and other 
organizations working at the community level which did not receive 
funds from the Government of South Africa.
    A previous sec. 117, relating to infant nutrition, was repealed in 
1978.
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    Sec. 117.\78\ Environment and Natural Resources.--(a) The 
Congress finds that if current trends in the degradation of 
natural resources in developing countries continue, they will 
severely undermine the best efforts to meet basic human needs, 
to achieve sustained economic growth, and to prevent 
international tension and conflict. The Congress also finds 
that the world faces enormous, urgent, and complex problems, 
with respect to natural resources, which require new forms of 
cooperation between the United States and developing countries 
to prevent such problems from becoming unmanageable. It is, 
therefore, in the economic and security interests of the United 
States to provide leadership both in thoroughly reassessing 
policies relating to natural resources and the environment, and 
in cooperating extensively with developing countries in order 
to achieve environmentally sound development.
---------------------------------------------------------------------------
    \78\ 22 U.S.C. 2151p. Sec. 117 was redesignated from being sec. 118 
by sec. 301(1) of Public Law 99-529, resulting in the creation of two 
sections 117. Sec. 301(2) of Public Law 99-529 (100 Stat. 3014) further 
deleted subsec. (d) of that section, which dealt with tropical forests, 
and then sec. 301(3) of Public Law 99-529 added a new section 118 
entitled ``Tropical Forests''. This section, as added by sec. 113 of 
Public Law 95-88 (91 Stat. 537) and amended by sec. 110 of Public Law 
95-424 (92 Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948), 
was further amended and restated by sec. 307 of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1533). This section previously read as follows:
    ``Sec. 118. Environment and Natural Resources.--(a) The President 
is authorized to furnish assistance under this part for developing and 
strengthening the capacity of less developed countries to protect and 
manage their environment and natural resources. Special efforts shall 
be made to maintain and where possible restore the land, vegetation, 
water, wildlife and other resources upon which depend economic growth 
and human well-being especially that of the poor.
    ``(b) In carrying out programs under this chapter, the President 
shall take into consideration the environmental consequence of 
development actions.''.
    See also sec. 517(e) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced 
on November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public 
Law 106-113; 113 Stat. 1535), relating to assistance to the new 
independent states of the former Soviet Union.
    See also sec. 534 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1228), as amended, relating to ``Global Warming Initiative''.
    See also sec. 533 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2013), as amended, relating to ``Environment and Global 
Warming''.
    See also sec. 532 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1666), relating to ``Environment''.
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    (b) In order to address the serious problems described in 
subsection (a), the President is authorized to furnish 
assistance under this part for developing and strengthening the 
capacity of developing countries to protect and manage their 
environment and natural resources. Special efforts shall be 
made to maintain and where possible to restore the land, 
vegetation, water, wildlife, and other resources upon which 
depend economic growth and human well-being, especially of the 
poor.
    (c)(1) The President, in implementing programs and projects 
under this chapter and chapter 10 of this part,\79\ shall take 
fully into account the impact of such programs and projects 
upon the environment and natural resources of developing 
countries. Subject to such procedures as the President 
considers appropriate, the President shall require all agencies 
and officials responsible for programs or projects under this 
chapter--
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    \79\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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          (A) to prepare and take fully into account an 
        environmental impact statement for any program or 
        project under this chapter significantly affecting the 
        environment of the global commons outside the 
        jurisdiction of any country, the environment of the 
        United States, or other aspects of the environment 
        which the President may specify; and
          (B) to prepare and take fully into account an 
        environmental assessment of any proposed program or 
        project under this chapter significantly affecting the 
        environment of any foreign country.
Such agencies and officials should, where appropriate, use 
local technical resources in preparing environmental impact 
statements and environmental assessments pursuant to this 
subsection.
    (2) The President may establish exceptions from the 
requirements of this subsection for emergency conditions and 
for cases in which compliance with those requirements would be 
seriously detrimental to the foreign policy interests of the 
United States.
    Sec. 118.\80\ Tropical Forests.
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    \80\ 22 U.S.C. 2151p-1. Sec. 118 was added by sec. 301(3) of Public 
Law 99-529 (100 Stat. 3014). See also footnote 78.
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    (a) Importance of Forests and Tree Cover.--In enacting 
section 103(b)(3) of this Act the Congress recognized the 
importance of forests and tree cover to the developing 
countries. The Congress is particularly concerned about the 
continuing and accelerating alteration, destruction, and loss 
of tropical forests in developing countries, which pose a 
serious threat to development and the environment. Tropical 
forest destruction and loss--
          (1) result in shortages of wood, especially wood for 
        fuel; loss of biologically productive wetlands; 
        siltation of lakes, reservoirs, and irrigation systems; 
        floods; destruction of indigenous peoples; extinction 
        of plant and animal species; reduced capacity for food 
        production; and loss of genetic resources; and
          (2) can result in desertification and destabilization 
        of the earth's climate.
Properly managed tropical forests provide a sustained flow of 
resources essential to the economic growth of developing 
countries, as well as genetic resources of value to developed 
and developing countries alike.
    (b) Priorities.--The concerns expressed in subsection (a) 
and the recommendations of the United States Interagency Task 
Force on Tropical Forests shall be given high priority by the 
President--
          (1) in formulating and carrying out programs and 
        policies with respect to developing countries, 
        including those relating to bilateral and multilateral 
        assistance and those relating to private sector 
        activities; and
          (2) in seeking opportunities to coordinate public and 
        private development and investment activities which 
        affect forests in developing countries.
    (c) Assistance to Developing Countries.--In providing 
assistance to developing countries, the President shall do the 
following:
          (1) Place a high priority on conservation and 
        sustainable management of tropical forests.
          (2) To the fullest extent feasible, engage in 
        dialogues and exchanges of information with recipient 
        countries--
                  (A) which stress the importance of conserving 
                and sustainably managing forest resources for 
                the long-term economic benefit of those 
                countries, as well as the irreversible losses 
                associated with forest destruction, and
                  (B) which identify and focus on policies of 
                those countries which directly or indirectly 
                contribute to deforestation.
          (3) To the fullest extent feasible, support projects 
        and activities--
                  (A) which offer employment and income 
                alternatives to those who otherwise would cause 
                destruction and loss of forests, and
                  (B) which help developing countries identify 
                and implement alternatives to colonizing 
                forested areas.
          (4) To the fullest extent feasible, support training 
        programs, educational efforts, and the establishment or 
        strengthening of institutions which increase the 
        capacity of developing countries to formulate forest 
        policies, engage in relevant land-use planning, and 
        otherwise improve the management of their forests.
          (5) To the fullest extent feasible, help end 
        destructive slash-and-burn agriculture by supporting 
        stable and productive farming practices in areas 
        already cleared or degraded and on lands which 
        inevitably will be settled, with special emphasis on 
        demonstrating the feasibility of agroforestry and other 
        techniques which use technologies and methods suited to 
        the local environment and traditional agricultural 
        techniques and feature close consultation with and 
        involvement of local people.
          (6) To the fullest extent feasible, help conserve 
        forests which have not yet been degraded, by helping to 
        increase production on lands already cleared or 
        degraded through support of reforestation, fuelwood, 
        and other sustainable forestry projects and practices, 
        making sure that local people are involved at all 
        stages of project design and implementation.
          (7) To the fullest extent feasible, support projects 
        and other activities to conserve forested watersheds 
        and rehabilitate those which have been deforested, 
        making sure that local people are involved at all 
        stages of project design and implementation.
          (8) To the fullest extent feasible, support training, 
        research, and other actions which lead to sustainable 
        and more environmentally sound practices for timber 
        harvesting, removal, and processing, including 
        reforestation, soil conservation, and other activities 
        to rehabilitate degraded forest lands.
          (9) To the fullest extent feasible, support research 
        to expand knowledge of tropical forests and identify 
        alternatives which will prevent forest destruction, 
        loss, or degradation, including research in 
        agroforestry, sustainable management of natural 
        forests, small-scale farms and gardens, small-scale 
        animal husbandry, wider application of adopted 
        traditional practices, and suitable crops and crop 
        combinations.
          (10) To the fullest extent feasible, conserve 
        biological diversity in forest areas by--
                  (A) supporting and cooperating with United 
                States Government agencies, other donors (both 
                bilateral and multilateral), and other 
                appropriate governmental, intergovernmental, 
                and nongovernmental organizations in efforts to 
                identify, establish, and maintain a 
                representative network of protected tropical 
                forest ecosystems on a worldwide basis;
                  (B) whenever appropriate, making the 
                establishment of protected areas a condition of 
                support for activities involving forest 
                clearance of degradation; and
                  (C) helping developing countries identify 
                tropical forest ecosystems and species in need 
                of protection and establish and maintain 
                appropriate protected areas.
          (11) To the fullest extent feasible, engage in 
        efforts to increase the awareness of United States 
        Government agencies and other donors, both bilateral 
        and multilateral, of the immediate and long-term value 
        of tropical forests.
          (12) To the fullest extent feasible, utilize the 
        resources and abilities of all relevant United States 
        Government agencies.
          (13) Require that any program or project under this 
        chapter significantly affecting tropical forests 
        (including projects involving the planting of exotic 
        plant species)--
                  (A) be based upon careful analysis of the 
                alternatives available to achieve the best 
                sustainable use of the land, and
                  (B) take full account of the environmental 
                impacts of the proposed activities on 
                biological diversity,
        as provided for in the environmental procedures of the 
        Agency for International Development.
          (14) Deny assistance under this chapter for--
                  (A) the procurement or use of logging 
                equipment, unless an environmental assessment 
                indicates that all timber harvesting operations 
                involved will be conducted in an 
                environmentally sound manner which minimizes 
                forest destruction and that the proposed 
                activity will produce positive economic 
                benefits and sustainable forest management 
                systems; and
                  (B) actions which significantly degrade 
                national parks or similar protected areas which 
                contain tropical forests or introduce exotic 
                plants or animals into such areas.
          (15) Deny assistance under this chapter for the 
        following activities unless an environmental assessment 
        indicates that the proposed activity will contribute 
        significantly and directly to improving the livelihood 
        of the rural poor and will be conducted in an 
        environmentally sound manner which supports sustainable 
        development:
                  (A) Activities which would result in the 
                conversion of forest lands to the rearing of 
                livestock.
                  (B) The construction, upgrading, or 
                maintenance of roads (including temporary haul 
                roads for logging or other extractive 
                industries) which pass through relatively 
                undegraded forest lands.
                  (C) The colonization of forest lands.
                  (D) The construction of dams or other water 
                control structures which flood relatively 
                undegraded forest lands.
    (d) PVOs and Other Nongovernmental Organizations.--Whenever 
feasible, the President shall accomplish the objectives of this 
section through projects managed by private and voluntary 
organizations or international, regional, or national 
nongovernmental organizations which are active in the region or 
country where the project is located.
    (e) Country Analysis Requirements.--Each country 
development strategy statement or other country plan prepared 
by the Agency for International Development shall include an 
analysis of--
          (1) the actions necessary in that country to achieve 
        conservation and sustainable management of tropical 
        forests, and
          (2) the extent to which the actions proposed for 
        support by the Agency meet the needs thus identified.
    (f) \81\ Annual Report.--Each annual report required by 
section 634(a) of this Act shall include a report on the 
implementation of this section.
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    \81\ Sec. 209(e)(3) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109 
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of 
that Act, as amended, provided that ``...each provision of law 
requiring the submittal to Congress (or any committee of the Congress) 
of any annual, semiannual, or other regular periodic report specified 
on the list...[prepared by the Clerk of the House of Representatives 
for the first session of the One Hundred Third Congress] shall cease to 
be effective, with respect to that requirement, May 15, 2000.''.
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    Sec. 119.\82\ Renewable and Unconventional Energy 
Technologies. * * * [Repealed--1980]
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    \82\ Sec. 119, as added by Public Law 95-88 (91 Stat. 528), amended 
by sec. 111 of the International Development and Food Assistance Act of 
1978 (92 Stat. 948), and by sec. 107 of the International Development 
Cooperation Act of 1979 (93 Stat. 362), was repealed by sec. 304(g) of 
the International Security and Development Cooperation Act of 1980 
(Public Law 96-533; 94 Stat. 3147). See sec. 106 of this Act for text 
concerning energy technologies.
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    Sec. 119.\83\ Endangered Species.--(a) The Congress finds 
the survival of many animal and plant species is endangered by 
overhunting, by the presence of toxic chemicals in water, air 
and soil, and by the destruction of habitats. The Congress 
further finds that the extinction of animal and plant species 
is an irreparable loss with potentially serious environmental 
and economic consequences for developing and developed 
countries alike. Accordingly, the preservation of animal and 
plant species through the regulation of the hunting and trade 
in endangered species, through limitations on the pollution of 
natural ecosystems, and through the protection of wildlife 
habitats should be an important objective of the United States 
development assistance.
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    \83\ 22 U.S.C. 2151q. Sec. 119, pars. (a) and (b) were added by 
sec. 702 of the International Environment Protection Act of 1983 (title 
VII of the Department of State Authorization Act, Fiscal Years 1984 and 
1985, Public Law 98-164; 97 Stat. 1045).
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    (b) \83\ In order to preserve biological diversity, the 
President is authorized to furnish assistance under this part, 
notwithstanding section 660,\84\ 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.
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    \84\ Section 533(d)(4)(A) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1227), added ``notwithstanding section 660'' at this 
point.
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    (c) \85\ Funding Level.--For fiscal year 1987, not less 
than $2,500,000 of the funds available to carry out this part 
(excluding funds made available to carry out section 104(c)(2), 
relating to the Child Survival Fund) shall be allocated for 
assistance pursuant to subsection (b) for activities which were 
not funded prior to fiscal year 1987. In addition, the Agency 
for International Development shall, to the fullest extent 
possible, continue and increase assistance pursuant to 
subsection (b) for activities for which assistance was provided 
in fiscal years prior to fiscal year 1987.
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    \85\ Pars. (c) through (h) were added by sec. 302 of Public Law 99-
529 (100 Stat. 3017).
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    (d) \85\ 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) \85\ 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) \85\ 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) \85\ Actions by AID.--The Administrator of the Agency 
for International Development shall--
          (1) cooperate with appropriate international 
        organizations, both governmental and nongovernmental;
          (2) look to the World Conservation Strategy as an 
        overall guide for actions to conserve biological 
        diversity;
          (3) engage in dialogues and exchanges of information 
        with recipient countries which stress the importance of 
        conserving biological diversity for the long-term 
        economic benefit of those countries and which identify 
        and focus on policies of those countries which directly 
        or indirectly contribute to loss of biological 
        diversity;
          (4) support training and education efforts which 
        improve the capacity of recipient countries to prevent 
        loss of biological diversity;
          (5) whenever possible, enter into long-term 
        agreements in which the recipient country agrees to 
        protect ecosystems or other wildlife habitats 
        recommended for protection by relevant governmental or 
        nongovernmental organizations or as a result of 
        activities undertaken pursuant to paragraph (6), and 
        the United States agrees to provide, subject to 
        obtaining the necessary appropriations, additional 
        assistance necessary for the establishment and 
        maintenance of such protected areas;
          (6) support, as necessary and in cooperation with the 
        appropriate governmental and nongovernmental 
        organizations, efforts to identify and survey 
        ecosystems in recipient countries worthy of protection;
          (7) cooperate with and support the relevant efforts 
        of other agencies of the United States Government, 
        including the United States Fish and Wildlife Service, 
        the National Park Service, the Forest Service, and the 
        Peace Corps;
          (8) review the Agency's environmental regulations and 
        revise them as necessary to ensure that ongoing and 
        proposed actions by the Agency do not inadvertently 
        endanger wildlife species or their critical habitats, 
        harm protected areas, or have other adverse impacts on 
        biological diversity (and shall report to the Congress 
        within a year after the date of enactment of this 
        paragraph on the actions taken pursuant to this 
        paragraph);
          (9) ensure that environmental profiles sponsored by 
        the Agency include information needed for conservation 
        of biological diversity; and
          (10) deny any direct or indirect assistance under 
        this chapter for actions which significantly degrade 
        national parks or similar protected areas or introduce 
        exotic plants or animals into such areas.
    (h) \85\ Annual Reports.--Each annual report required by 
section 634(a) of this Act shall include, in a separate volume, 
a report on the implementation of this section.
    Sec. 120.\86\ Sahel Development Program--Planning.--(a) The 
Congress reaffirms its support of \87\ the initiative of the 
United States Government in undertaking consultations and 
planning with the countries concerned, and with other nations 
providing assistance, with the United Nations, and with other 
concerned international and regional organizations, toward the 
development and support of a comprehensive long-term African 
Sahel development program.
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    \86\ 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B of 
this Act by sec. 20 of the FA Act of 1973 and later redesignated as 
sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 849), was again 
redesignated as sec. 120 by sec. 115(1) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
539).
    The title caption ``Sahel Development Program--Planning'' was 
inserted in lieu of ``African Development Program'' by sec. 115(2) of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 539).
    \87\ The words in the first sentence of subsec. (a), ``reaffirms 
its support of'', were substituted in lieu of ``supports'' by sec. 
101(7)(C) of Public Law 94-161 (89 Stat. 849).
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    (b) \88\ The President is authorized to develop a long-term 
comprehensive development program for the Sahel and other 
drought-stricken nations in Africa.
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    \88\ Subsecs. (b), (c), and (d) were added by sec. 101(7)(D) of 
Public Law 94-161 (89 Stat. 849). Subsec. (d) was subsequently repealed 
by sec. 502(d)(1) of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 959).
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    (c) \88\ In developing this long-term program, the 
President shall--
          (1) consider international coordination for the 
        planning and implementation of such program;
          (2) seek greater participation and support by African 
        countries and organizations in determining development 
        priorities; and
          (3) begin such planning immediately.
    (d) \88\ * * * [Repealed--1978]
    Sec. 121.\89\ Sahel Development Program--Implementation. * 
* * [Repealed--1990]
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    \89\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by repealing sec. 121. Sec. 121, as added by sec. 115(3) of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363), 
sec. 809 of the International Security and Development Cooperation Act 
of 1985 (Public Law 99-83; 99 Stat. 263), International Security and 
Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the 
Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat. 
969), sec. 308 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535), and sec. 
306 of Public Law 96-533 (94 Stat. 363), formerly read as follows:
    ``Sec. 121. Sahel Development Program--Implementation.--(a) The 
President is authorized to furnish assistance, on such terms and 
conditions as he may determine, for the long-term development of the 
Sahelian region. Assistance furnished under this section shall be in 
accordance with a long-term, multidonor development plan which calls 
for equitable burden sharing with other donors and shall be furnished, 
whenever appropriate, in cooperation with an international coordinating 
mechanism.
    ``(b) The President shall prepare an annual report on the Sahel 
Development Program concerning the allocation of the United States 
contribution to the Program, the extent of the contributions from other 
donor countries, the effectiveness of the integrated effort through the 
Club des Amis du Sahel, and the progress made in achieving the 
objectives of the program.
    ``(c) There are authorized to be appropriated to the President for 
purposes of this section beginning in the fiscal year 1978, in addition 
to funds otherwise available for such purposes, $200,000,000, except 
that not to exceed $50,000,000, may be appropriated under this section 
for the fiscal year 1978. In addition to the amount authorized in the 
preceding sentence and to funds otherwise available for such purposes, 
there are authorized to be appropriated to the President for purposes 
of this section $25,000,000. In addition to the amounts authorized in 
the preceding sentences and to funds otherwise available for such 
purposes, there are authorized to be appropriated to the President for 
purposes of this section $86,558,000 for the fiscal year 1986 and 
$87,750,000 for the fiscal year 1987. Amounts appropriated under this 
section are authorized to remain available until expended.
    ``(d) Funds available to carry out this section (including foreign 
currencies acquired with funds appropriated to carry out this section) 
may not be made available to any foreign government for disbursement 
unless the Administrator of the Agency for International Development 
determines that the foreign government will maintain a system of 
accounts with respect to those funds which will provide adequate 
identification of and control over the receipt and expenditure of those 
funds.
    ``(e) Grants shall be made under this section to Sahel Development 
Program host governments in order to help them enhance their 
administrative capabilities to meet the administrative requirements 
resulting from donor country projects and activities.''.
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    Sec. 122.\90\ General Authorities.--(a) In order to carry 
out the purposes of this chapter, the President is authorized 
to furnish assistance, on such terms and conditions as he may 
determine, to countries and areas through programs of grant and 
loan assistance, bilaterally or through regional, multilateral, 
or private entities.
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    \90\ 22 U.S.C. 2151t. Subsec. (a) of sec. 122 was added by sec. 
102(a) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 940). Sec. 102(b) of that same Act 
substantially amended subsecs. (b), (c), and (d) of sec. 201 of this 
Act, consolidating them into one subsec. (b), and then moving it to 
become subsec. (b) of sec. 122.
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    (b) \90\ The President is authorized to make loans payable 
as to principal and interest in United States dollars on such 
terms and conditions as he may determine, in order to promote 
the economic development of countries and areas, with emphasis 
upon assisting long range plans and programs designed to 
develop economic resources and increase productive capacities. 
The President shall determine the interest payable on any loan. 
In making loans under this chapter, the President shall 
consider the economic circumstances of the borrower and other 
relevant factors, including the capacity of the recipient 
country to repay the loan at a reasonable rate of interest, 
except that loans may not be made at a rate of interest of less 
than 3 per centum per annum commencing not later than ten years 
following the date on which the funds are initially made 
available under the loan, during which ten-year period the rate 
of interest shall not be lower than 2 per centum per annum, nor 
higher than the applicable legal rate of interest of the 
country in which the loan is made.
    (c) \91\ Dollar receipts paid during any fiscal year from 
loans made under this part or from loans made under predecessor 
foreign assistance legislation shall be deposited in the 
Treasury as miscellaneous receipts.
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    \91\ Subsecs. (c) and (d) were added by sec. 102(c)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 941).
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    (d) \91\ Not to exceed $10,000,000 of the funds made 
available each fiscal year for the purposes of this chapter may 
be used for assistance on such terms and conditions as the 
President may determine, to research and educational 
institutions in the United States for the purpose of 
strengthening their capacity to develop and carry out programs 
concerned with the economic and social development of 
developing countries.
    (e) \92\ The President shall establish an interagency 
Development Loan Committee, consisting of such officers from 
such agencies of the United States Government as he may 
determine, which shall, under the direction of the President, 
establish standards and criteria for lending operations under 
this chapter in accordance with the foreign and financial 
policies of the United States. Except in the case of officers 
serving in positions to which they were appointed by the 
President by and with the advice and consent of the Senate, 
officers assigned to the Committee shall be so assigned by the 
President by and with the advice and consent of the Senate.
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    \92\ Subsec. (e) formerly appeared in this Act as sec. 204. Such 
sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d) 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 941).
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    Sec. 123.\93\ Private and Voluntary Organizations and 
Cooperatives in Overseas Development.--(a) The Congress finds 
that the participation of rural and urban poor people in their 
countries' development can be assisted and accelerated in an 
effective manner through an increase in activities planned and 
carried out by private and voluntary organizations and 
cooperatives. Such organizations and cooperatives, embodying 
the American spirit of self-help and assistance to others to 
improve their lives and incomes, constitute an important means 
of mobilizing private American financial and human resources to 
benefit poor people in developing countries. The Congress 
declares that it is in the interest of the United States that 
such organizations and cooperatives expand their overseas 
development efforts without compromising their private and 
independent nature. The Congress further declares that the 
financial resources of such organizations and cooperatives 
should be supplemented by the contribution of public funds for 
the purpose of undertaking development activities in accordance 
with the principles set forth in section 102 and, if necessary 
and determined on a case- by-case basis, for the purpose of 
sharing the cost of developing programs related to such 
activities.\94\ The Congress urges the Administrator of the 
agency primarily responsible for administering this part, in 
implementing programs authorized under this part, to draw on 
the resources of private and voluntary organizations and 
cooperatives to plan and carry out development activities and 
to establish simplified procedures for the development and 
approval of programs to be carried out by such private and 
voluntary organizations and cooperatives as have demonstrated a 
capacity to undertake effective development activities.\95\
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    \93\ 22 U.S.C. 2151u. Sec. 123 was added by sec. 102(e) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 941).
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November 
17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
113; 113 Stat. 1535; 22 U.S.C. 2151u note), provided the following:
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                 ``private and voluntary organizations
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    ``None of the funds appropriated or otherwise made available by 
this Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 percent of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the Administrator of 
the Agency for International Development may, on a case-by-case basis, 
waive the restriction contained in this paragraph, 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.
    ``Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary 
organizations at a level which is at least equivalent to the level 
provided in fiscal year 1995.''.
    \94\ The words to this point beginning with ``and, if necessary * * 
*'' were added by sec. 307(1) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
    \95\ The words to this point beginning with ``and to establish * * 
*'' were added by sec. 307(2) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
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    (b) In order to further the efficient use of United States 
voluntary contributions for development, relief, and 
rehabilitation of friendly peoples, the President is authorized 
to use funds made available for the purposes of this chapter 
and chapter 10 of this part \96\ 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.\97\
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    \96\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
    \97\ This reference to the Agency for International Development was 
substituted in lieu of a reference to the Advisory Committee on 
Voluntary Foreign Aid by sec. 121 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
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    (c) Reimbursement under this section may be provided for 
transportation charges on shipments from United States ports, 
or in the case of excess or surplus property supplied by the 
United States from foreign ports, to ports of entry abroad or 
to points of entry abroad in cases (1) of landlocked countries, 
(2) where ports cannot be used effectively because of natural 
or other disturbances, (3) where carriers to a specified 
country are unavailable, or (4) where a substantial savings in 
costs or time can be effected by the utilization of points of 
entry other than ports.
    (d) Where practicable, the President shall make 
arrangements with the receiving country for free entry of such 
shipments and for the making available by the country of local 
currencies for the purpose of defraying the transportation 
costs of such shipments from the port or point of entry of the 
receiving country to the designated shipping point of the 
consignee.
    (e) \98\ Prohibitions on assistance to countries contained 
in this or any other Act shall not be construed to prohibit 
assistance by the agency primarily responsible for 
administering this part in support of programs of private and 
voluntary organizations and cooperatives already being 
supported prior to the date such prohibition becomes 
applicable. The President shall take into consideration, in any 
case in which statutory prohibitions on assistance would be 
applicable but for this subsection, whether continuation of 
support for such programs is in the national interest of the 
United States. If the President continues such support after 
such date, he shall prepare and transmit, not later than one 
year \99\ 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.
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    \98\ Subsec. (e) was added by sec. 307(3) of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 
Stat. 3147).
    See a similar authority in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, as 
introduced on November 17, 1999, enacted by reference in sec. 
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), in section 541.
    \99\ Sec. 309(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), substituted 
the words ``one year'' in lieu of ``thirty days''.
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    (f) \100\ For each of the fiscal years 1986 through 1989 
\101\ funds in an amount not less than thirteen and one-half 
percent of the aggregate amount appropriated for that fiscal 
year to carry out sections 103(a), 104(b), 104(c), 105, 106, 
121, and 491 of this Act shall be made available for the 
activities of private and voluntary organizations, and the 
President shall seek to channel funds in an amount not less 
than sixteen percent of such aggregate amount for the 
activities of private and voluntary organizations. Funds made 
available under chapter 4 of part II of this Act for the 
activities of private and voluntary organizations may be 
considered in determining compliance with the requirements of 
this subsection.\101\
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    \100\ Subsecs. (f) and (g) were added by sec. 309 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1535). Subsec. (g) was repealed by title II of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681). Subsec. (g), as amended, had read as follows:
    ``(g) After December 31, 1984, funds made available to carry out 
section 103(a), 104(b), 104(c), 105, 106, 491, or 496 of this Act 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 this part. The Administrator of the 
agency primarily responsible for administering this part 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 this part.''.
    \101\ Sec. 309(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec. 
123(f) by striking out ``1982, 1983 and 1984'' and substituting ``1986 
through 1989''; by striking out ``twelve'' and by inserting in lieu 
thereof ``thirteen and one half'', and by adding the current last 
sentence.
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    (g) \100\ * * * [Repealed--1998]
    (h) \102\ The Congress recognizes that, in addition to 
their role in social and economic development, cooperatives 
provide an opportunity for people to participate directly in 
democratic decisionmaking. Therefore, assistance under this 
chapter shall be provided to rural and urban cooperatives which 
offer large numbers of low- and middle-income people in 
developing countries an opportunity to participate directly in 
democratic decisionmaking. Such assistance shall be designed to 
encourage the adoption of self-help, private sector cooperative 
techniques and practices which have been successful in the 
United States.
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    \102\ Subsec. (h) was added by sec. 310 of Public Law 99-83 (99 
Stat. 190).
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    Sec. 124.\103\ Relatively Least Developed Countries.--(a) 
Relatively least developed countries (as determined on the 
basis of criteria comparable to those used for the United 
Nations General Assembly list of ``least developed countries'') 
are characterized by extreme poverty, very limited 
infrastructure, and limited administrative capacity to 
implement basic human needs growth strategies. In such 
countries special measures may be necessary to insure the full 
effectiveness of assistance furnished under this part.
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    \103\ 22 U.S.C. 2151v. Sec. 124 was added by sec. 112(a)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 948).
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    (b) For the purpose of promoting economic growth in these 
countries, the President is authorized and encouraged to make 
assistance under this chapter available on a grant basis to the 
maximum extent that is consistent with the attainment of United 
States development objectives.
    (c) \104\ (1) The Congress recognizes that the relatively 
least developed countries have virtually no access to private 
international capital markets. Insofar as possible, prior 
assistance terms should be consistent with present grant 
assistance terms for relatively least developed countries. 
Therefore, notwithstanding section 620(r) of this Act and 
section 321 of the International Development and Food 
Assistance Act of 1975 but subject to paragraph (2) of this 
subsection, the President on a case-by-case basis, taking into 
account the needs of the country for financial resources and 
the commitment of the country to the development objectives set 
forth in sections 101 and 102--
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    \104\ Sec. 112(a)(2) of the International Development and Food 
Assistance Act of 1978 (92 Stat. 949) stated that the authority granted 
by subsec. (c) shall not become effective until October 1, 1979.
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          (A) may permit a relatively least developed country 
        to place amounts, which would otherwise be paid to the 
        United States as payments on principal or interest on 
        liability incurred by that country under this part (or 
        any predecessor legislation) into local currency 
        accounts (in equivalent amounts of local currencies as 
        determined by the official exchange rate for United 
        States dollars) for use by the relatively least 
        developed country, with the concurrence of the 
        Administrator of the agency primarily responsible for 
        administering this part, for activities which are 
        consistent with section 102; and
          (B) may waive interest payments on liability incurred 
        by a relatively least developed country under this part 
        (or any predecessor legislation) if the President 
        determines that that country would be unable to use for 
        development purposes the equivalent amounts of local 
        currencies which could be made available under 
        subparagraph (A).
    (2) The aggregate amount of interest waived and interest 
and principal paid into local currency accounts under this 
subsection in any fiscal year may not exceed the amount 
approved for such purpose in an Act appropriating funds to 
carry out this chapter for that fiscal year, which amount may 
not exceed the amount authorized to be so approved by the 
annual authorizing legislation for development assistance 
programs. Amounts due and payable during fiscal year 1981 to 
the United States from relatively least developed countries on 
loans made under this part (or any predecessor legislation) are 
authorized to be approved for use, in accordance with the 
provisions of paragraph (1) of this subsection, in an amount 
not to exceed $10,845,000.\105\
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    \105\ This sentence was added by sec. 109 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363). 
The authorization figure for fiscal year 1981 was substituted in lieu 
of the fiscal year 1980 authorization ($18,800,000) by sec. 308 of the 
International Security and Development Cooperation Act of 1980 (Public 
Law 96-533; 94 Stat. 3147).
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    (3) In exercising the authority granted by this subsection, 
the President should act in concert with other creditor 
countries.
    (d) The President may on a case-by-case basis waive the 
requirement of section 110(a) for financial or ``in kind'' 
contributions in the case of programs, projects, or activities 
in relatively least developed countries.
    (e) Section 110(b) shall not apply with respect to grants 
to relatively least developed countries.
    Sec. 125.\106\ Project and Program Evaluation.--(a) The 
Administrator of the agency primarily responsible for 
administering this part is directed to improve the assessment 
and evaluation of the programs and projects carried out by that 
agency under this chapter. The Administrator shall consult with 
the appropriate committees of the Congress in establishing 
standards for such evaluations.
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    \106\ 22 U.S.C. 2151w. Sec. 125 was added by sec. 113 of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 950). The responsibility of the Administrator 
mentioned in this section was transferred to the Director of IDCA, 
pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing 
IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective 
with enactment of the Foreign Affairs Reform and Restructuring Act of 
1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105-277; 
112 Stat. 2681).
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    (b) \107\ * * * [Repealed--1981]
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    \107\ Subsec. (b), which required the President to report to 
Congress on improvements to the evaluation of projects and programs 
conducted by the international financial institutions and the United 
Nations Development Program, was repealed by sec. 734(a)(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). Such report was submitted on March 26, 
1979.
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    Sec. 126.\108\ Development and Illicit Narcotics 
Production.--(a) The Congress recognizes that illicit narcotics 
cultivation is related to overall development problems and that 
the vast majority of all individuals employed in the 
cultivation of illicit narcotics reside in the developing 
countries and are among the poorest of the poor in those 
countries and that therefore the ultimate success of any effort 
to eliminate illicit narcotics production depends upon the 
availability of alternative economic opportunities for those 
individuals, upon other factors which assistance under this 
chapter could address, as well as upon direct narcotics control 
efforts.
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    \108\ 22 U.S.C. 2151x. Sec. 126 was added by sec. 110 of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 363).
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    (b)(1) \109\ In planning programs of assistance under this 
chapter, and chapter 10 of this part,\109\ and under chapter 4 
of part II \109\ for countries in which there is illicit 
narcotics cultivation, the agency primarily responsible for 
administering this part should give priority consideration to 
programs which would help reduce illicit narcotics cultivation 
by stimulating broader development opportunities.
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    \109\ Sec. 603 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended 
subsec. (b) by inserting the words: ``and under chapter 4 of Part II'' 
and by inserting the paragraph designation ``(1)'', and by adding a new 
paragraph (2).
    Sec. 562 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), 
added a new chapter 10 to part I of this Act, providing for long-term 
development in sub-Saharan Africa, and made a conforming amendment by 
inserting ``, and chapter 10 of this part,''.
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    (2) \109\ The agency primarily responsible for 
administering this part may utilize resources for activities 
aimed at increasing awareness of the effects of production and 
trafficking of illicit narcotics on source and transit 
countries.
    (c) In furtherance of the purposes of this section, the 
agency primarily responsible for administering this part shall 
cooperate fully with, and share its expertise in development 
matters with, other agencies of the United States Government 
involved in narcotics control activities abroad.
    Sec. 127.\110\ Accelerated Loan Repayments.--The 
Administrator of the agency primarily responsible for 
administering this part shall conduct an annual review of 
bilateral concessional loan balances and shall determine and 
identify those countries whose financial resources make 
possible accelerated loan repayments. In particular, European 
countries that were recipients of concessional loans by 
predecessor agencies to the agency primarily responsible for 
administering this part shall be contacted to negotiate 
accelerated repayments. The criteria used by the Administrator 
in making these determinations shall be established in 
conjunction with the Committee on Foreign Affairs \111\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.
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    \110\ 22 U.S.C. 2151y. Sec. 127 was added by sec. 508(a) of the 
International Development Cooperation Act of 1979 (Public Law 96-53; 93 
Stat. 379). Sec. 508(b) called on the administration to describe the 
efforts made to negotiate accelerated loan repayments in accordance 
with sec. 127 within the annual reports on foreign assistance submitted 
to Congress in 1980 and 1981 pursuant to sec. 634 of this Act.
    \111\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 128.\112\ Targeted Assistance.--(a) The President 
shall use poverty measurement standards, such as those 
developed by the International Bank for Reconstruction and 
Development, and other appropriate measurements in determining 
target populations for United States development assistance, 
and shall strengthen United States efforts to assure that a 
substantial percentage of development assistance under this 
chapter directly improves the lives of the poor majority, with 
special emphasis on those individuals living in absolute 
poverty.
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    \112\ 22 U.S.C. 2151z. Sec. 128 was added by sec. 101(b)(2) of 
Public Law 97-377 (96 Stat. 1832). Sec. 121(b)(2) of such Act also 
required a report to Congress within six months from the Administrator 
of AID on the implementation of this provision, the types of projects 
determined to meet these requirements, and the effect on the overall 
U.S. foreign assistance program.
    Sec. 312(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended sec. 
128 by replacing its previous text into new paragraphs ``(a)'' and 
``(b).'' Previously sec. 128 read as follows:
    ``Sec. 128. Targeting Assistance for Those Living in Absolute 
Poverty.--In carrying out this chapter, the President in fiscal year 
1983, shall attempt to use not less than 40 per centum of the funds 
made available to carry out this chapter to finance productive 
facilities, goods, and services which will expeditiously and directly 
benefit those living in absolute poverty (as determined under the 
standards for absolute poverty adopted by the International Bank for 
Reconstruction and Development and the International Development 
Association). Such facilities, goods, and services may include, for 
example, irrigation facilities, extension services, credit for small 
farmers, roads, safe drinking water supplies, and health services. Such 
facilities, goods, and services may not include studies, reports, 
technical advice, consulting services, or any other items unless (A) 
they are used primarily by those living in absolute poverty themselves, 
or (B) they constitute research which produces or aims to produce 
techniques, seeds, or other items to be primarily used by those living 
in absolute poverty. Research shall not constitute the major part of 
such facilities, goods, and services.''.
    Sec. 312(b) of Public Law 99-83 (99 Stat. 190), amended sec. 
634(a)(1) of this Act, requiring annual reports to Congress to include 
an evaluation of the extent to which programs under chapter 1 part I 
directly benefit the poor majority.
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    (b) To the maximum extent possible, activities under this 
chapter that attempt to increase the institutional capabilities 
of private organizations or governments, or that attempt to 
stimulate scientific and technological research, shall be 
designed and monitored to ensure that the ultimate 
beneficiaries of these activities are the poor majority.

SEC. 129.\113\ PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN 
                    GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING 
                    OR TRANSITIONAL COUNTRIES.

    (a) Establishment of Program.--
          (1) In general.--Not later than 150 days after the 
        date of the enactment of this section, the Secretary of 
        the Treasury, after consultation with the Secretary of 
        State and the Administrator of the United States Agency 
        for International Development, is authorized to 
        establish a program to provide technical assistance to 
        foreign governments and foreign central banks of 
        developing or transitional countries.
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    \113\ 22 U.S.C. 2151aa. Added by sec. 589(a) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681).
    Title III of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in 
sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), provided the 
following:
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                      ``Department of the Treasury

              ``international affairs technical assistance
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    ``For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961 (relating to international 
affairs technical assistance activities), $1,500,000, to remain 
available until expended, which shall be available notwithstanding and 
other provision of law.''.
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          (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.
    (c) Administrative Requirements.--In carrying out the 
program established under subsection (a), the Secretary--
          (1) shall establish a methodology for identifying and 
        selecting foreign governments and foreign central banks 
        to receive assistance under the program;
          (2) prior to selecting a foreign government or 
        foreign central bank to receive assistance under the 
        program, shall receive the concurrence of the Secretary 
        of State with respect to the selection of such 
        government or central bank and with respect to the cost 
        of the assistance to such government or central bank;
          (3) shall consult with the heads of appropriate 
        Executive agencies of the United States, including the 
        Secretary of State and the Administrator of the United 
        States Agency for International Development, and 
        appropriate international financial institutions to 
        avoid duplicative efforts with respect to those foreign 
        countries for which such agencies or organizations 
        provide similar assistance;
          (4) shall ensure that the program is consistent with 
        the International Affairs Strategic Plan and Mission 
        Performance Plan of the United States Agency for 
        International Development;
          (5) shall establish and carry out a plan to evaluate 
        the program.
    (d) Administrative Authorities.--In carrying out the 
program established under subsection (a), the Secretary shall 
have the following administrative authorities:
          (1) The Secretary may provide allowances and benefits 
        under chapter 9 of title I of the Foreign Service Act 
        of 1980 (22 U.S.C. 4081 et seq.) to any officer or 
        employee of any agency of the United States Government 
        performing functions under this section outside the 
        United States.
          (2)(A) The Secretary may allocate or transfer to any 
        agency of the United States Government any part of any 
        funds available for carrying out this section, 
        including any advance to the United States Government 
        by any country or international organization for the 
        procurement of commodities, supplies, or services.
          (B) Such funds shall be available for obligation and 
        expenditure for the purposes for which such funds were 
        authorized, in accordance with authority granted in 
        this section or under authority governing the 
        activities of the agency of the United States 
        Government to which such funds are allocated or 
        transferred.
          (3) Appropriations for the purposes of or pursuant to 
        this section, and allocations to any agency of the 
        United States Government from other appropriations for 
        functions directly related to the purposes of this 
        section, shall be available for--
                  (A) contracting with individuals for personal 
                services abroad, except that such individuals 
                shall not be regarded as employees of the 
                United States Government for the purpose of any 
                law administered by the Office of Personnel 
                Management;
                  (B) the purchase and hire of passenger motor 
                vehicles, except that passenger motor vehicles 
                may be purchased only--
                          (i) for use in foreign countries; and
                          (ii) if the Secretary or the 
                        Secretary's designee has determined 
                        that the vehicle is necessary to 
                        accomplish the mission;
                  (C) the purchase of insurance for official 
                motor vehicles acquired for use in foreign 
                countries;
                  (D)(i) the rent or lease outside the United 
                States, not to exceed 5 years, of offices, 
                buildings, grounds, and quarters, including 
                living quarters to house personnel, consistent 
                with the relevant interagency housing board 
                policy, and payments therefor in advance;
                  (ii) maintenance, furnishings, necessary 
                repairs, improvements, and alterations to 
                properties owned or rented by the United States 
                Government or made available for use to the 
                United States Government outside the United 
                States; and
                  (iii) costs of insurance, fuel, water, and 
                utilities for such properties;
                  (E) expenses of preparing and transporting to 
                their former homes or places of burial the 
                remains of foreign participants or members of 
                the family of foreign participants, who may die 
                while such participants are away from their 
                homes participating in activities carried out 
                with funds covered by this section;
                  (F) notwithstanding any other provision of 
                law, transportation and payment of per diem in 
                lieu of subsistence to foreign participants 
                engaged in activities of the program under this 
                section while such participants are away from 
                their homes in countries other than the United 
                States, at rates not in excess of those 
                prescribed by the standardized Government 
                travel regulations;
                  (G) expenses in connection with travel of 
                personnel outside the United States, including 
                travel expenses of dependents (including 
                expenses during necessary stop-overs while 
                engaged in such travel), and transportation of 
                personal effects, household goods, and 
                automobiles of such personnel when any part of 
                such travel or transportation begins in one 
                fiscal year pursuant to travel orders issued in 
                that fiscal year, notwithstanding the fact that 
                such travel or transportation may not be 
                completed during the same fiscal year, and cost 
                of transporting automobiles to and from a place 
                of storage, and the cost of storing automobiles 
                of such personnel when it is in the public 
                interest or more economical to authorize 
                storage; and
                  (H) grants to, and cooperative agreements and 
                contracts with, any individual, corporation, or 
                other body of persons, nonprofit organization, 
                friendly government or government agency, 
                whether within or without the United States, 
                and international organizations, as the 
                Secretary determines is appropriate to carry 
                out the purposes of this section.
          (4) Whenever the Secretary determines it to be 
        consistent with the purposes of this section, the 
        Secretary is authorized to furnish services and 
        commodities on an advance-of-funds basis to any 
        friendly country or international organization that is 
        not otherwise prohibited from receiving assistance 
        under this Act. Such advances may be credited to the 
        currently applicable appropriation, account, or fund of 
        the Department of the Treasury and shall be available 
        for the purposes for which such appropriation, account, 
        or fund is authorized to be used.
    (e) Issuance of Regulations.--The Secretary is authorized 
to issue such regulations with respect to personal service 
contractors as the Secretary deems necessary to carry out this 
section.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to infringe upon the powers or functions of the 
Secretary of State (including the powers or functions described 
in section 103 of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of 
mission (including the powers or functions described in section 
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
    (g) Termination of Assistance.--The Secretary shall 
conclude assistance activities for a recipient foreign 
government or foreign central bank under the program 
established under subsection (a) if the Secretary, after 
consultation with the appropriate officers of the United 
States, determines that such assistance has resulted in the 
enactment of laws or the establishment of institutions in that 
country that promote fiscal stability and administrative 
procedures, efficient resource allocation, transparent and 
market-oriented processes and private sector growth in a 
sustainable manner.
    (h) Report.--
          (1) In general.--Not later than 3 months after the 
        date of the enactment of this section, and every 6 
        months thereafter, the Secretary shall prepare and 
        submit to the appropriate congressional committees a 
        report on the conduct of the program established under 
        this section during the preceding 6-month period.
          (2) Definition.--In this subsection, the term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on International Relations 
                and the Committee on Appropriations of the 
                House of Representatives; and
                  (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate.
    (i) Definitions.--In this section:
          (1) Developing or transitional country.--The term 
        ``developing or transitional country'' means a country 
        eligible to receive development assistance under this 
        chapter.
          (2) International financial institution.--The term 
        ``international financial institution'' means the 
        International Monetary Fund, the International Bank for 
        Reconstruction and Development, the International 
        Development Association, the International Finance 
        Corporation, the Multilateral Investment Guarantee 
        Agency, the Asian Development Bank, the African 
        Development Bank, the African Development Fund, the 
        Inter-American Development Bank, the Inter-American 
        Investment Corporation, the European Bank for 
        Reconstruction and Development, and the Bank for 
        Economic Cooperation and Development in the Middle East 
        and North Africa.
          (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Treasury.
          (4) Technical assistance.--The term ``technical 
        assistance'' includes--
                  (A) the use of short-term and long-term 
                expert advisers to assist foreign governments 
                and foreign central banks for the purposes 
                described in subsection (b)(1);
                  (B) training in the recipient country, the 
                United States, or elsewhere for the purposes 
                described in subsection (b)(1);
                  (C) grants of goods, services, or funds to 
                foreign governments and foreign central banks;
                  (D) grants to United States nonprofit 
                organizations to provide services or products 
                which contribute to the provision of advice to 
                foreign governments and foreign central banks; 
                and
                  (E) study tours for foreign officials in the 
                United States or elsewhere for the purpose of 
                providing technical information to such 
                officials.
          (5) Foreign participant.--The term ``foreign 
        participant'' means the national of a developing or 
        transitional country that is receiving assistance under 
        the program established under subsection (a) who has 
        been designated to participate in activities under such 
        program.
    (j) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section $5,000,000 for 
        fiscal year 1999.
          (2) Availability of amounts.--Amounts authorized to 
        be appropriated under paragraph (1) are authorized to 
        remain available until expended.

SEC. 130.\114\ ASSISTANCE FOR VICTIMS OF TORTURE.

    (a) In General.--The President is authorized to provide 
assistance for the rehabilitation of victims of torture.
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    \114\ 22 U.S.C. 2152. Added by sec. 4(a) of the Torture Victims 
Relief Act of 1998 (Public Law 105-320; 112 Stat. 3016), as sec. 129, 
effective October 1, 1998. See also sec. 4(b) of that Act (p. 425), 
which authorized $5,000,000 for fiscal year 1999 and $7,500,000 for 
fiscal year 2000 to carry out this section. Sec. 6(a) of Public Law 
106-87 (113 Stat. 1302) redesignated as sec. 130.
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    (b) Eligibility for Grants.--Such assistance shall be 
provided in the form of grants to treatment centers and 
programs in foreign countries that are carrying out projects or 
activities specifically designed to treat victims of torture 
for the physical and psychological effects of the torture.
    (c) Use of Funds.--Such assistance shall be available--
          (1) for direct services to victims of torture; and
          (2) to provide research and training to health care 
        providers outside of treatment centers or programs 
        described in subsection (b), for the purpose of 
        enabling such providers to provide the services 
        described in paragraph (1).

                    Chapter 2--Other Programs \115\

    Sec. 201.\116\ General Authority.--* * * [Repealed--1978]
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    \115\ The chapter heading ``Other Programs'' was inserted in lieu 
of ``Development Assistance'' by sec. 102(g)(1)(B) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 942).
    \116\ Secs. 201, 202, 203, 204, 207, and 208 were repealed by sec. 
102(g)(1)(A) of the International Development and Food Assistance Act 
of 1978 (Public Law 95-424; 92 Stat. 942). The text of sec. 204 was 
subsequently reinserted as subsec. (e) of sec. 122 of this Act.
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    Sec. 202.\116\ Authorization.--* * * [Repealed--1978]
    Sec. 203.\116\ Fiscal Provisions.--* * * [Repealed--1978]
    Sec. 204.\116\ Development Loan Committee.--* * * 
[Repealed--1978]
    Sec. 205.\117\ Relating to Transfers to International 
Financial Institutions.--* * * [Repealed--1972]
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    \117\ Sec. 205 was repealed by sec. 101(d) of the FA Act of 1971 
(Public Law 92-226; 86 Stat. 21).
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     Title I--Multilateral and Regional Development Programs \118\
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    \118\ Sec. 102(g)(1)(C) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new 
title heading.
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    Sec. 206.\119\ Regional Development in Africa.--The 
President is requested to seek and to take appropriate action, 
in cooperation and consultation with African and other 
interested nations and with international development 
organizations, to further and assist in the advancement of 
African regional development institutions, including the 
African Development Bank, with the view toward promoting 
African economic development.
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    \119\ 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA 
Act of 1965.
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    Sec. 207.\116\ Purposes of Development Assistance.--* * * 
[Repealed--1978]
    Sec. 208.\116\ Self-Help Criteria.--* * * [Repealed--1978]
    Sec. 209.\120\ Multilateral and Regional Programs.--(a) The 
Congress recognizes that the planning and administration of 
development assistance by, or under the sponsorship of the 
United Nations, multilateral lending institutions, and other 
multilateral organizations may contribute to the efficiency and 
effectiveness of that assistance through participation of other 
donors in the development effort, improved coordination of 
policies and programs, pooling of knowledge, avoidance of 
duplication of facilities and manpower, and greater 
encouragement of self-help performance.
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    \120\ 22 U.S.C. 2169. Sec. 209 was added by sec. 102(e) of the FA 
Act of 1967. Sec. 101(c)(1) of the FA Act of 1971 (Public Law 92-226; 
86 Stat. 21) amended subsection (a), which formerly read as follows:
    ``(a) Multilateral Programs.--The Congress recognizes that planning 
and administration of development assistance by, or under the 
sponsorship of, multilateral lending institutions and other 
international organizations may, in some instances, 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.''.
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    (b) \121\ It is further the sense of the Congress (1) that 
where problems or opportunities are common to two or more 
countries in a region, in such fields as agriculture, 
education, transportation, communications, power, watershed 
development, disease control, and establishment of development 
banks, these countries often can more effectively resolve such 
problems and exploit such opportunities by joining together in 
regional organizations or working together on regional 
programs, (2) that assistance often can be utilized more 
efficiently in regional programs than in separate country 
programs, and (3) that to the maximum extent practicable 
consistent with the purposes of this Act assistance under this 
Act should be furnished so as to encourage less developed 
countries to cooperate with each other in regional development 
programs.
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    \121\ The words ``Regional Programs.--,'' which appeared at this 
point, were struck out by sec. 101(c)(3) of the FA Act of 1971 (Public 
Law 92-226; 86 Stat. 21).
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    (c) \122\ 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.
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    \122\ Subsec. (c), which was added by sec. 101(c)(2) of the FA Act 
of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of 
Public Law 94-161 (89 Stat. 849). It formerly read as follows: 
``Notwithstanding any other provision of law, the President should 
reduce the amounts and numbers of loans made by the United States 
directly to individual foreign countries with the objective of reducing 
the total amount of bilateral loans made under this Act so that, by not 
later than June 30, 1975, such total amount shall not exceed 
$100,000,000.''.
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    (d) \123\ In furtherance of the provisions of subsection 
(a) of this section, any funds appropriated under this part I 
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.
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    \123\ Subsection (d) was added by sec. 101(c)(2) of the FA Act of 
1971.
    Sec. 502 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November 
17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
113; 113 Stat. 1535), provided:
---------------------------------------------------------------------------

    ``prohibition of bilateral funding for international financial 
                              institutions
---------------------------------------------------------------------------
    ``Sec. 502. Notwithstanding section 614 of the Foreign Assistance 
Act of 1961, none of the funds contained in title II of this Act may be 
used to carry out the provisions of section 209(d) of the Foreign 
Assistance Act of 1961: Provided, That none of the funds appropriated 
by title II of this Act may be transferred by the Agency for 
International Development directly to an international financial 
institution (as defined in section 533 of this Act) for the purpose of 
repaying a foreign country's loan obligations to such institution.''.
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    Sec. 211.\124\ General Authority.--* * * [Repealed--1978]
---------------------------------------------------------------------------
    \124\ Secs. 211, 212, 215, 216, 217, 218, 220, and 220A were 
repealed by sec. 102(g)(1)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).
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    Sec. 212.\124\ Authorization.--* * * [Repealed--1978]
    Sec. 213.\125\ Atoms for Peace.--* * * [Repealed--1962]
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    \125\ Sec. 213 was repealed by sec. 103(c) of the FA Act of 1962 
(76 Stat. 256).
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 Title II--American Schools and Hospitals Abroad; Prototype Desalting 
                              Plant \126\
---------------------------------------------------------------------------

    \126\ This new title heading was added by sec. 102(g)(1)(D) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 942).
---------------------------------------------------------------------------
    Sec. 214.\127\ American Schools and Hospitals Abroad.--(a) 
The President is authorized to furnish \128\ assistance, on 
such terms and conditions as he may specify, to schools and 
libraries outside the United States founded or sponsored by 
United States citizens and serving as study and demonstration 
centers for ideas and practices of the United States.
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    \127\ 22 U.S.C. 2174.
    \128\ Sec. 103(b)(1) of the FA Act of 1963 substituted the word 
``furnish'' for the words ``use, in addition to other funds available 
for such purposes, funds made available for the purposes of sec. 211 
for''.
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    (b) The President is authorized,\129\ notwithstanding the 
provisions of the Mutual Defense Assistance Control Act of 1951 
(22 U.S.C. 1611 et seq.) \130\ to furnish \131\ assistance, on 
such terms and conditions as he may specify, to institutions 
referred to in subsection (a) of this section, and to hospital 
centers for medical education and research outside the United 
States, founded or sponsored by United States citizens.\132\
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    \129\ Sec. 103(b)(2) of the FA Act of 1963 struck out the words 
``to use'' which appeared at this point.
    \130\ Superseded by the Export Administration Act of 1979.
    \131\ Sec. 103(b)(2) of the FA Act of 1963 substituted the words 
``to furnish'' for the words ``foreign currencies accruing to the 
United States Government under any Act, for purposes of subsection (2) 
of this section, and for''.
    \132\ Sec. 103(c)(1) of the FA Act of 1966 substituted the words to 
this point, beginning with ``to institutions referred to'' in lieu of 
``to hospitals outside the United States founded or sponsored by United 
States citizens and serving as centers for medical education and 
research''.
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    (c) \133\ (1) To carry out the purposes of this section, 
there are authorized to be appropriated to the President 
$35,000,000 for fiscal year 1986 and $35,000,000 for fiscal 
year 1987.
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    \133\ Sec. 4(2) of the FA Act of 1973 amended and restated subsec. 
(c).
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    (2) Amounts appropriated under paragraph (1) are authorized 
to remain available until expended.\134\
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    \134\ The authorization figures for fiscal years 1986 and 1987 were 
added by sec. 401 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). 
Authorizations under sec. 214 for recent years included the following: 
fiscal year 1975--$19,000,000; fiscal year 1976--$25,000,000; fiscal 
year 1977--$25,000,000; fiscal year 1978--$25,000,000; fiscal year 
1979--$25,000,000; fiscal year 1980--$25,000,000; fiscal year 1981--
$30,000,000; fiscal year 1982--$20,000,000; fiscal year 1983--
$20,000,000; fiscal year 1984--$30,000,000; fiscal year 1985--no 
authorization; fiscal years 1988 through 2000--no authorization.
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    (d) \135\ Notwithstanding the provisions of subsection (b), 
funds appropriated under this section may be used for 
assistance to centers for pediatric plastic and reconstructive 
surgery established by Children's Medical Relief International, 
except that assistance may not be furnished for the domestic 
operations of any such center located in the United States, its 
territories or possessions.
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    \135\ Sec. 114(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed 
subsecs. (d) and (e) (which had been added by the FA Act of 1973), and 
redesignated subsec. (f) (which had been added by Public Law 95-88; 91 
Stat. 539) as subsec. (d).
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    Sec. 215.\124\ Loans to Small Farmers.--* * * [Repealed--
1978]
    Sec. 216.\124\ Voluntary Agencies.--* * * [Repealed--1978]
    Sec. 217.\124\ Used Equipment.--* * * [Repealed--1978]
    Sec. 218.\124\ Fish and Other Protein Concentrates.--* * * 
[Repealed--1978]
    Sec. 219.\136\ Prototype Desalting Plant.--(a) In 
furtherance of purposes of this part and for the purpose of 
improving existing, and developing and advancing new technology 
and experience in the design, construction, and operation of 
large-scale desalting plants of advanced concepts which will 
contribute materially to low-cost desalination in all 
countries, including the United States, the President, if he 
determines it to be feasible, is authorized to participate in 
the development of a large-scale water treatment and desalting 
prototype plant and necessary appurtenances to be constructed 
in Israel as an integral part of a dual-purpose power 
generating and desalting project. Such participation shall 
include financial, technical, and such other assistance as the 
President deems appropriate to provide for the study, design, 
construction, and, for a limited demonstration period of not to 
exceed five years, operation and maintenance of the water 
treatment and desalting facilities of the dual-purpose project.
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    \136\ 22 U.S.C. 2179. Sec. 219 was added by sec. 104 of the FA Act 
of 1969 (Public Law 91-175; 83 Stat. 806).
---------------------------------------------------------------------------
    (b) Any agreement entered into under subsection (a) of this 
section shall include such terms and conditions as the 
President deems appropriate to insure, among other things, that 
all information, products, uses, processes, patents, and other 
developments obtained or utilized in the development of this 
prototype plant will be available without further cost to the 
United States for the use and benefit of the United States 
throughout the world, and to insure that the United States, its 
officers and employees have a permanent right to review data 
and have access to such plant for the purpose of observing its 
operations and improving science and technology in the field of 
desalination.
    (c) In carrying out the provisions of this section, the 
President may enter into contracts with public or private 
agencies and with any person without regard to sections 3648 
and 3709 of the Revised Statutes of the United States (31 
U.S.C. 529 and 41 U.S.C. 5).
    (d) Nothing in this section shall be construed as intending 
to deprive the owner of any background patent or any right 
which such owner may have under that patent.
    (e) In carrying out the provisions of this section, the 
President may utilize the personnel, services, and facilities 
of any Federal agency.
    (f) The United States costs, other than its administrative 
costs, for the study, design, construction, and operation of a 
prototype plant under this section shall not exceed either 50 
per centum of the total capital costs of the facilities 
associated with the production of water, and 50 per centum of 
the operation and maintenance costs for the demonstration 
period, or $20,000,000, whichever is less. There are authorized 
to be appropriated, subject to the limitations of this 
subsection, such sums as may be necessary to carry out the 
provisions of this section, including administrative costs 
thereof. Such sums are authorized to remain available until 
expended.
    (g) No funds appropriated for the Office of Saline Water 
pursuant to the appropriation authorized by the Act of July 11, 
1969 (83 Stat. 45, Public Law 91-43), or prior authorization 
Acts, shall be used to carry out the purposes of this section.
    Sec. 220.\124\ Programs for Peaceful Communication.--* * * 
[Repealed--1978]
    Sec. 220A.\124\ Suez Canal.--* * * [Repealed--1978]

      Title III--Housing and Other Credit Guaranty Programs \137\

    Sec. 221.\138\ Housing Guaranties.--The Congress recognizes 
that shelter, including essential urban development services, 
is \139\ 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 \140\ 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 \140\ and related services for low-income people by 
demonstrating to local entrepreneurs and institutions that 
providing low-cost shelter \140\ 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.\140\ 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.
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    \137\ Title III was added by sec. 105 of the FA Act of 1969. Sec. 
8(a)(1) of the FA Act of 1974 substituted the title heading ``Housing 
and Other Credit Guaranty Programs'' in lieu of ``Housing Guaranties''.
    \138\ 22 U.S.C. 2181. Sec. 221, which was added by the FA Act of 
1969, was amended and restated by sec. 115(a) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 950).
    \139\ The words ``including essential urban development services, 
is'' were inserted in lieu of the words ``requirements are'' by sec. 
541(a) of the Foreign Assistance Appropriations Act, 1985, as contained 
in the Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 
1903). This amendment had been included as sec. 311(a)(1) of H.R. 5119, 
the International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of 
H.R. 5119.
    \140\ The word ``shelter'' was inserted in lieu of the word 
``housing'' by sec. 541(a) of the Foreign Assistance Appropriations 
Act, 1985, as contained in the Continuing Appropriations Act, 1985 
(Public Law 98-473; 98 Stat. 1903). This amendment had been included as 
sec. 311(a)(2) of H.R. 5119, the International Security and Development 
Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 
541(a) enacted sec. 311 of H.R. 5119.
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    Sec. 222.\141\ Authorization.--(a) To carry out the policy 
of section 221, the President is authorized to issue guaranties 
to eligible investors (as defined in section 238(c)) assuring 
against losses incurred in connection with loans made for 
projects meeting the criteria set forth in section 221. The 
total principal amount of guaranties issued under this title or 
heretofore issued under prior housing guaranty authorities, 
which are outstanding at any one time, shall not exceed 
$2,558,000,000.\142\ The authority of this section shall 
continue through September 30, 1992.\143\ 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.
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    \141\ 22 U.S.C. 2182. Sec. 222, which was added by the FA Act of 
1969 and had concerned housing projects in Latin American countries, 
was amended and restated by sec. 115(a) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 950).
    \142\ This figure was increased from $2,158,000,000 by title II, 
chapter III, of the Dire Emergency Supplemental Appropriations for 1990 
(Public Law 101-302; 104 Stat. 224). This figure was previously 
increased from $1,958,000,000 by sec. 313(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 190); and from $1,718,000,000 by sec. 541(a) of the Foreign 
Assistance Appropriations Act, 1985, as contained in the Continuing 
Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). This 
amendment had been included as sec. 311(b)(1) of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of 
H.R. 5119. Previously, the amount was raised from $1,555,000,000 to 
$1,718,000,000 by sec. 310(a) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) 
and from $1,180,000,000 to $1,155,000,000 by sec. 112(a)(1) of Public 
Law 96-53 (93 Stat. 363).
    Congress did not enact an authorization for fiscal year 2000. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, as introduced on November 17, 
1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 
113 Stat. 1535), waived the requirements for authorization and title II 
of that Act provided the following:
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            ``urban and environmental credit program account
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    ``For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of guaranteed loans authorized by sections 221 and 
222 of the Foreign Assistance Act of 1961, $1,500,000, to remain 
available until expended: Provided, That these funds are available to 
subsidize loan principal, 100 percent of which shall be guaranteed, 
pursuant to the authority of such sections. In addition, for 
administrative expenses to carry out guaranteed loan programs, 
$5,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans 
under this heading may be entered into notwithstanding the second and 
third sentences of section 222(a) of the Foreign Assistance Act of 
1961.''.
    See also sec. 557 of that Act, relating to special debt relief for 
the poorest.
    \143\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced on 
November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public 
Law 106-113; 113 Stat. 1535), under the heading ``Urban and 
Environmental Credit Program Account'', waived the second and third 
sentences of this subsec., which in effect lifted the ceiling on the 
outstanding principal amount of guaranties, and continued the authority 
contained in the section.
    Previously, the authority of this section was extended to September 
30, 1992, from Sept. 30, 1991, by title II of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513; 104 Stat. 1989). Previously the authority was extended 
from Sept. 30, 1990, by title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167; 103 Stat. 1205); from Sept. 30, 1989, by title II of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations 
for 1988, Public Law 100-202; 101 Stat. 1329); from Sept. 30, 1986, by 
sec. 313(b) of the International Security and Development Cooperation 
Act of 1985 (Public Law 99-83; 99 Stat. 190).
    The authority of this section was previously extended from Sept. 
30, 1984, by sec. 541(a) of the Foreign Assistance Appropriations Act, 
1985 as contained in the Continuing Appropriations Act, 1985 (Public 
Law 98-473; 98 Stat. 1903). This amendment had been included as sec. 
311(b)(2) of H.R. 5119, the International Security and Development 
Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 
541(a) enacted sec. 311 of H.R. 5119. This authority had been extended 
previously from Sept. 30, 1982, by sec. 310(a) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1535); and from Sept. 30, 1980, by sec. 112(a)(2) of Public Law 
96-53 (93 Stat. 364).
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    (b) Activities carried out under this section shall 
emphasize--
          (1) projects which provide improved home sites to 
        poor families on which to build shelter, and related 
        services;
          (2) projects comprised of expandable core shelter 
        units on serviced sites;
          (3) slum upgrading projects designed to conserve and 
        improve existing shelter;
          (4) shelter projects for low income people designed 
        for demonstration or institution building purposes; and
          (5) community facilities and services in support of 
        projects authorized under this section to improve the 
        shelter occupied by the poor.
    (c) In issuing guaranties under this section with respect 
to projects in a country which require the use or conservation 
of energy, the President shall give consideration to the use of 
solar energy technologies, where such technologies are 
economically and technically feasible. Technologies which may 
be used include solar hot water systems, solar heating and 
cooling, passive solar heating, biomass conversion, 
photovoltaic and wind applications, and community-scale solar 
thermal applications.
    (k) \144\ 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.
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    \144\ Sec. 313(c) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec. 
(k). This subsection should probably be labeled ``(d)'' instead of 
``(k)''.
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    Sec. 222A.\145\ Agricultural and Productive Credit and 
Self-Help Community Development Programs.--(a) It is the sense 
of the Congress that in order to stimulate the participation of 
the private sector in the economic development of less-
developed countries,\146\ the authority conferred by this 
section should be used to establish pilot programs \147\ 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.
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    \145\ 22 U.S.C. 2182a. Sec. 222A was added by sec. 8(a)(2) of the 
FA Act of 1974.
    \146\ The words ``in not more than six Latin American countries'' 
and the words ``in Latin America'' were deleted by sec. 541(a) of the 
Foreign Assistance Appropriations Act, 1985, as contained in the 
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 312(a)(1) of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of 
H.R. 5119.
    \147\ Previously such programs were limited to not more than six 
Latin American countries (Public Law 99-53; 99 Stat. 364).
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    (b) To carry out the purposes of subsection (a), the agency 
primarily responsible for administering part I is authorized to 
issue guaranties, on such terms and conditions as it shall 
determine, to private lending institutions, cooperatives, and 
private nonprofit development organizations \148\ 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.
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    \148\ The words ``in not more than five Latin American countries'', 
that previously appeared at this point, were struck out by sec. 541(a) 
of the Foreign Assistance Appropriations Act, 1985, as contained in the 
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 312(a)(2) of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of 
H.R. 5119.
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    (c) The total face amount of guaranties issued under this 
section outstanding at any one time shall not exceed 
$20,000,000.\149\ Not more than 10 per centum of such sum shall 
be provided for any one institution, cooperative, or 
organization.
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    \149\ This figure was increased from $15,000,000 by sec. 112(b)(2) 
of the International Development Cooperation Act of 1979 (Public Law 
96-53; 93 Stat. 364).
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    (d) \150\ * * * [Repealed--1999]
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    \150\ Sec. 586(h)(3) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
repealed subsec. (d), which had provided the following:
    ``(d) The Inter-American Foundation shall be consulted in 
developing criteria for making loans eligible for guaranty coverage in 
Latin America under this section.''.
    See also sec. 586 of that Act, page, wherein the President is 
authorized to abolish the Inter-American Foundation.
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    (e) Not to exceed $3,000,000 of the guaranty reserve 
established under section 223(b) shall be available to make 
such payments as may be necessary to discharge liabilities 
under guaranties issued under this section or any guaranties 
previously issued under section 240 of this Act.
    (f) Funds held by the Overseas Private Investment 
Corporation pursuant to section 236 may be available for 
meeting necessary administrative and operating expenses for 
carrying out the provisions of this section through June 30, 
1976.
    (g) The Overseas Private Investment Corporation shall, upon 
enactment of this subsection, transfer to the agency primarily 
responsible for administering part I all obligations, assets, 
and related rights and responsibilities arising out of, or 
related to the predecessor program provided for in section 240 
of this Act.
    (h) The authority of this section shall continue through 
September 30, 1988.\151\
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    \151\ This authority was extended from Sept. 30, 1986, to Sept. 30, 
1988, by sec. 313 (d) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). This 
authority was previously extended from Sept. 30, 1983 to Sept. 30, 
1986, by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985 
(Public Law 98-473). This amendment had been included as sec. 312(b) of 
H.R. 5119, the International Security and Development Cooperation Act 
of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted 
sec. 312 of H.R. 5119. Such authority had previously been extended from 
Dec. 31, 1977 to Sept. 30, 1978, by Public Law 95-88 (91 Stat. 540), 
from Sept. 30, 1978 to Sept. 30, 1979, by Public Law 95-424 (92 Stat. 
951), from Sept. 30, 1979 to Sept. 30, 1982, by Public Law 96-53 (93 
Stat. 364), and from Sept. 30, 1982 to Sept. 30, 1983, by Public Law 
97-438 (96 Stat. 2286).
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    (i) Notwithstanding the limitations in subsection (c) of 
this section, foreign currencies owned by the United States and 
determined by the Secretary of the Treasury to be excess to the 
needs of the United States may be utilized to carry out the 
purposes of this section, including the discharge of 
liabilities under this subsection. The authority conferred by 
this subsection shall be in addition to authority conferred by 
any other provision of law to implement guaranty programs 
utilizing excess local currency.\152\
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    \152\ Subsec. (j), which previously appeared at this point and 
concerned a one-time reporting requirement, was repealed by sec. 
502(d)(1) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 959).
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    Sec. 223.\153\ General Provisions.--(a) A fee shall be 
charged for each guaranty issued under section 222 or 222A 
\154\ in an amount to be determined by the President. In the 
event the fee to be charged for such type guaranty is reduced, 
fees to be paid under existing contracts for the same type of 
guaranty may be similarly reduced.
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    \153\ 22 U.S.C. 2183. Sec. 223 was added by sec. 105 of the FA Act 
of 1969.
    \154\ Sec. 8(a)(3) of the FA Act of 1974 inserted ``section 221, 
222, or 222A'' in lieu of ``section 221 or section 222''. Subsequently, 
the reference to sec. 221 was struck by sec. 115 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 951).
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    (b) The amount of $50,000,000 of fees accumulated under 
prior investment guaranty provisions repealed by the Foreign 
Assistance Act of 1969, together with all fees collected in 
connection with guaranties issued under section 222 \155\ or 
under prior housing guaranty authorities,\156\ shall be 
available for meeting necessary administrative and operating 
expenses of carrying out the provisions of section 222 and 
administering housing guaranties heretofore authorized under 
this title and under \157\ prior housing guaranty provisions 
repealed by the Foreign Assistance Act of 1969 (including, but 
not limited to expenses pertaining to personnel, supplies, and 
printing), subject to such limitations as may be imposed in 
annual appropriation Acts; for meeting management and custodial 
costs incurred with respect to currencies or other assets 
acquired under guaranties made pursuant to section 222 \155\ or 
heretofore pursuant to this title or \158\ prior Latin American 
and other housing guaranty authorities repealed by the Foreign 
Assistance Act of 1969; and to pay the cost of investigating 
and adjusting (including cost of arbitration) claims under such 
guaranties; and shall be available for expenditure in discharge 
of liabilities under such guaranties until such time as all 
such property has been disposed of and all such liabilities 
have been discharged or have expired, or until all such fees 
have been expended in accordance with the provisions of this 
subsection. Fees collected in connection with guaranties issued 
under section 222A shall likewise be available to meet similar 
expenses, costs, or liabilities incurred in connection with the 
programs authorized by that section.\159\ All of the foregoing 
fees referred to in this section together with earnings thereon 
and other income arising from guaranty operations under this 
title shall be held in a revolving fund account maintained in 
the Treasury of the United States. All funds in such account 
may be invested in obligations of the United States. Any 
interest or other receipts derived from such investments shall 
be credited to such account and may be used for the purposes 
cited in this section.\160\
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    \155\ Sec. 8(a)(3) of the Foreign Assistance Act of 1974 (Public 
Law 93-559)struck out ``this title'' and inserted in lieu thereof 
``section 221 or section 222''. Sec. 115(d) of International 
Development and Food Assistance Act (Public Law 95-424; 92 Stat. 945) 
struck out reference to section 221.
    \156\ Sec. 117(b)(2)(A) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) struck out the 
word ``hereunder'' and inserted the words ``under section 221 or 222 or 
under prior housing guaranty authorities''.
    \157\ The words to this point beginning with ``222 and 
administering * * *'' were substituted in lieu of ``221 and section 222 
of'' by sec. 115(d)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
    \158\ The words ``this title or'' were added by sec. 115(d)(4) of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 951).
    \159\ This sentence was added by sec. 117(b)(2) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 540).
    \160\ The final three sentences of subsec. (b) were added by sec. 
310(b) of the International Security and Development Cooperation Act of 
1981 (Public Law 97-113; 95 Stat. 1535).
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    (c) Any payments made to discharge liabilities under 
guaranties issued under this title or \161\ section 222 or 
heretofore under prior Latin American or other housing guaranty 
authorities repealed by the Foreign Assistance Act of 1969, 
shall be paid first out of fees referred to in subsection (b) 
(excluding amounts required for purposes other than the 
discharge of liabilities under guaranties) as long as such fees 
are available, and thereafter shall be paid out of funds, if 
any, realized from the sale of currencies or other assets 
acquired in connection with any payment made to discharge 
liabilities under such guaranties as long as funds are 
available, and finally out of funds hereafter made available 
pursuant to subsection (e).
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    \161\ The words ``under this title or'' were inserted in lieu of 
``section 221 or'' by sec. 115(e) of the International Development and 
Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
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    (d) All guaranties issued under section 222 or 222A or 
previously under section 240 of this Act \162\ or heretofore 
under this title or \163\ under prior Latin American or other 
housing guaranty authority repealed by the Foreign Assistance 
Act of 1969 shall constitute obligations, in accordance with 
the terms of such guaranties of the United States of America 
and the full faith and credit of the United States of America 
is hereby pledged for the full payment and performance of such 
obligations.
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    \162\ Sec. 8(a)(5) of the FA Act of 1974 substituted ``section 221, 
222, 222A, or previously under section 240 of this Act'' in lieu of 
``section 221 or section 222.'' Subsequently, sec. 115(f) of Public Law 
95-424 struck out the reference to sec. 221.
    \163\ The words ``under this title or'' were added by sec. 
115(f)(2) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 951).
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    (e)(1) \164\ There is hereby authorized to be appropriated 
to the President such amounts, to remain available until 
expended, as may be necessary from time to time to carry out 
the purposes of this title.
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    \164\ The para. designation ``(1)'' and a new para. (2) were added 
by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as 
contained in the Continuing Appropriations Act, 1985 (Public Law 98-
473; 98 Stat. 1903). This amendment had been included as sec. 311(c) of 
H.R. 5119, the International Security and Development Cooperation Act 
of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted 
sec. 311 of H.R. 5119.
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    (2) \164\ (A) In order to meet obligations incurred for the 
payment of claims pursuant to loan guaranties described in 
subsection (d), the Administrator of the agency primarily 
responsible for administering part I may, to the extent that 
reserves are not sufficient, borrow from time to time from the 
Treasury except that--
          (i) the Administrator may exercise the authority to 
        borrow under this paragraph only to such extent or in 
        such amounts as are provided in advance in 
        appropriation Acts; and
          (ii) the amount borrowed under this paragraph which 
        is outstanding at any one time may not exceed 
        $100,000,000.\165\
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    \165\ $100,000,000 was substituted in lieu of $40,000,000 by title 
II of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations 
for 1988, Public Law 100-202; 101 Stat. 1329).
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    (B) Any such borrowing shall bear interest at a rate 
determined by the Secretary of the Treasury, taking into 
account the current average market yield on outstanding 
marketable obligations of the United States of comparable 
maturities. The Secretary of the Treasury shall make loans 
under this paragraph and for such purpose may borrow on the 
credit of the United States in accordance with subchapter I of 
chapter 31 of title 31 of the United States Code.
    (f) In the case of any loan investment guaranteed under 
section 222,\155\ the agency primarily responsible for 
administering part I shall prescribe the maximum rate of 
interest allowable to the eligible investor, which maximum rate 
shall not exceed by more than 1 per centum the then current 
rate of interest applicable to housing mortgages insured by the 
Department of Housing and Urban Development.\166\ The maximum 
allowable rate of interest under this subsection shall be 
prescribed by the agency as of the date the project covered by 
the investment is officially authorized and, prior to the 
execution of the contract, the agency may amend such rate at 
its discretion, consistent with the provisions of subsection 
(f).
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    \166\ Language which specified that the maximum rate of interest 
should not be less than one-half of 1 per centum above the then current 
rate of interest applicable to housing mortgages insured by HUD, was 
struck out by sec. 112(c) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 364).
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    (g) Housing guaranties committed, authorized, or 
outstanding heretofore under this title or \167\ under prior 
housing guaranty authorities repealed by the Foreign Assistance 
Act of 1969 shall continue subject to provisions of law 
originally applicable thereto and fees collected hereafter with 
respect to such guaranties shall be available for the purposes 
specified in subsection (b).
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    \167\ The words ``heretofore under this title or'' were added by 
sec. 115(h) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 951).
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    (h) No payment may be made under any guaranty issued 
pursuant to this title for any loss arising out of fraud or 
misrepresentation for which the party seeking payment is 
responsible.
    (i) \168\ * * * [Repealed--1978]
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    \168\ Subsec. (i), which had authorized sections 221 and 222 to 
continue in force until Sept. 30, 1979, was repealed by sec. 115(i) of 
the International Development and Food Assistance Act of 1978 (Public 
Law 95-424; 92 Stat. 952).
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    (j) \169\ Guaranties shall be issued under section 222 
\155\ only for housing projects which are coordinated with and 
complementary to any development assistance being furnished 
under chapter 1 of this part and which \170\ are specifically 
designed to demonstrate the feasibility and suitability of 
particular kinds of housing or of financial or other 
institutional arrangements. Of the aggregate face value of 
housing guaranties hereafter issued under this title, not less 
than 90 per centum shall be issued for housing suitable for 
families with income below the median income (below the median 
urban income for housing in urban areas) in the country in 
which the housing is located.\171\
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    \169\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added 
subsection (j).
    \170\ The words to this point beginning with ``are coordinated with 
and'' were substituted by sec. 112(d)(1) of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364) in 
lieu of the following: ``(1) except for regional projects are in 
countries which are receiving, or which in the previous two fiscal 
years have received, development assistance under chapter 1 of part I 
of this Act, (2) are coordinated with and complementary to such 
assistance, and (3)''.
    \171\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of 
Public Law 105-277; 112 Stat. 2681) struck out the third and fourth 
sentences of subsec. (j). The fourth sentence had previously been 
amended and restated by sec. 112(d)(2) of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364). The two 
stricken sentences, as amended, had read as follows:
    ``The face value of guaranties issued with respect to housing in 
any country shall not exceed $25,000,000 in any fiscal year, and the 
average face value of guaranties issued in any fiscal year shall not 
exceed $15,000,000. Of the total amount of housing guaranties 
authorized to be issued under section 222 through September 30, 1982, 
not less than a face amount of $25,000,000 shall be issued for projects 
in Israel and not less than a face amount of $25,000,000 shall be 
issued for projects in Egypt.''.
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    Sec. 224.\172\ Trade Credit Insurance Program for Central 
America.--(a) In order to enable the Export-Import Bank of the 
United States (hereafter in this section referred to as the 
``Bank'') to determine that there exists reasonable assurance 
of repayment as required under section 2(b)(1)(B) of the 
Export-Import Bank Act of 1945,\173\ the agency primarily 
responsible for administering part I of this Act (hereafter in 
this section referred to as the ``Agency'') is authorized to 
provide guarantees to the Bank for liabilities to be incurred 
by the Bank in connection with guarantees or insurance provided 
under the Export-Import Bank Act of 1945 for financing for 
transactions involving the export of goods and services for the 
use of the private sector in Central American countries.
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    \172\ 22 U.S.C. 2184. Sec. 224 was added by sec. 541(a) of the 
Foreign Assistance Appropriations Act, 1985, as contained in the 
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). 
This amendment had been included as sec. 1011 of H.R. 5119, the 
International Security and Development Cooperation Act of 1984, as 
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 1011 of 
H.R. 5119. Reference in the section title to Central America was added 
by the Support for East European Democracy (SEED) Act of 1989 (Public 
Law 101-179; 103 Stat. 1313).
    \173\ For text, see Legislation on Foreign Relations Through 1999, 
vol. III.
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    (b)(1) Guarantees provided by the Agency pursuant to the 
authority of subsection (a) shall be for short-term guarantees 
and insurance extended by the Bank which shall be repayable 
within a period not to exceed one year from the date of arrival 
at the port of importation of the goods and services covered by 
such guarantees or insurance. Guarantees or insurance extended 
by the Bank and guaranteed by the Agency pursuant to subsection 
(a) shall be provided by the Bank in accordance with criteria 
and procedures agreed to by the Agency and the Bank. Such 
agreement shall also provide for the establishment of a reserve 
fund by the Agency, with such funds made available to the 
reserve as the Agency deems necessary to discharge liabilities 
under guarantees provided by the Agency pursuant to subsection 
(a).
    (2) The administrator of such agency shall transmit a copy 
of such agreement to the Speaker of the House of 
Representatives and to the Committee on Foreign Relations and 
the Committee on Banking, Housing, and Urban Affairs of the 
Senate.
    (c) The Agency shall not enter into any commitments to 
guarantee under subsection (a) after September 30, 1991.\174\
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    \174\ Title IV of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2001), struck out ``September 30, 1990'' and inserted in lieu 
thereof ``September 30, 1991''.
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    (d) Of the funds authorized to be appropriated for chapter 
4 of part II of this Act, there are authorized to be made 
available such sums as may be deemed necessary by the Agency to 
discharge liabilities under guarantees entered into under 
subsection (a).
    (e) Commitments to guarantee under subsection (a) are 
authorized only to the extent and in the amounts provided in 
appropriations Acts, except that the aggregate amount of 
outstanding commitments under subsection (a) may not exceed 
$300,000,000 of contingent liability for loan principal during 
fiscal year 1986 and may not exceed $400,000,000 of contingent 
liability for loan principal during fiscal year 1987.\175\
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    \175\ Sec. 314 of the International Security and Development 
Cooperation Act of 1985 substituted the text following the word 
``Acts,'' in lieu of the words ``not to exceed $300,000,000 in the 
fiscal year 1985.''.
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    (f) To the extent that any of the funds made available 
pursuant to subsection (d) are paid out for a claim arising out 
of liabilities guaranteed under subsection (a), amounts 
received after the date of such payment, with respect to such 
claim, shall be credited to the reserve fund referred to in 
subsection (b), shall be merged with the funds in such reserve, 
and shall be available for the purpose of payments by the 
Agency to the Bank for guarantees under subsection (a).
    (g) Beginning on a date six months after the date of 
enactment of this section, and at intervals of six months 
thereafter, the administrator of the agency primarily 
responsible for administering part I of this Act and the 
President of the Export-Import Bank of the United States shall 
prepare and transmit to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a report on the amount and extension of 
credits during the preceding six-month period.
    (h) The Export-Import Bank shall provide without 
reimbursement such administrative and technical assistance to 
the Agency as the Bank and the Agency deem appropriate to 
assist the Agency in carrying out this section.
    Sec. 225.\176\ Trade Credit Insurance Program for Poland.
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    \176\ 22 U.S.C. 2185. Section 304 of the Support for East European 
Democracy (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1312) added 
sec. 225.
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  (a) General Authority.--
          (1) Assurance to export-import bank of repayment.--
        The President is authorized to provide guarantees to 
        the Bank for liabilities described in paragraph (2) in 
        order to satisfy the requirement of section 2(b)(1)(B) 
        of the Export-Import Bank Act of 1945 (12 U.S.C. 
        635(b)(1)(B)) that the Bank have reasonable assurance 
        of repayment.
          (2) Liabilities which may be guaranteed.--The 
        liabilities that may be guaranteed under paragraph (1) 
        are liabilities incurred by the Bank in connection with 
        guarantees or insurance provided under the Export-
        Import Bank Act of 1945 for financing for transactions 
        involving the export of goods and services for the use 
        of the private sector in Poland.
  (b) Guarantees Available Only for Short-Term Guarantees and 
Insurance.--Guarantees provided under subsection (a) shall be 
for short-term guarantees and insurance extended by the Bank 
which shall be repayable within a period not to exceed one year 
from the date of arrival at the port of importation of the 
goods and services covered by such guarantees or insurance.
  (c) Agreement on Criteria and Procedures.--Guarantees or 
insurance extended by the Bank and guaranteed pursuant to 
subsection (a) shall be provided by the Bank in accordance with 
criteria and procedures agreed to by the Administrator and the 
Bank.
  (d) Reserve Fund.--The agreement referred to in subsection 
(c) shall also provide for the establishment of a reserve fund 
by the administering agency, with such funds made available to 
the reserve as the Administrator deems necessary to discharge 
liabilities under guarantees provided under subsection (a).
  (e) Discharge of Liabilities.--
          (1) Funds which may be used.--Such amounts of the 
        funds made available to carry out chapter 4 of part II 
        of this Act (relating to the economic support fund) as 
        the President determines are necessary may be made 
        available to discharge liabilities under guarantees 
        entered into under subsection (a).
          (2) Crediting of subsequent payments.--To the extent 
        that any of the funds made available pursuant to 
        paragraph (1) are paid out for a claim arising out of 
        liabilities guaranteed under subsection (a), amounts 
        received after the date of such payment, with respect 
        to such claim, shall be credited to the reserve fund 
        established pursuant to subsection (d), shall be merged 
        with the funds in such reserve, and shall be available 
        for the purpose of payments by the Administrator to the 
        Bank for guarantees under subsection (a).
  (f) Appropriations Action Required.--Commitments to guarantee 
under subsection (a) are authorized only to the extent and in 
the amounts provided in advance in appropriations Acts.
  (g) Limitation on Outstanding Commitments.--The aggregate 
amount of outstanding commitments under subsection (a) may not 
exceed $200,000,000 of contingent liability for loan principal 
during any fiscal year.
  (h) Biannual Reports to Congress.--Every 6 months, the 
Administrator and the President of the Bank shall prepare and 
transmit to the Speaker of the House of Representatives and the 
Chairman of the Committee on Foreign Relations of the Senate a 
report on the amount and extension of guarantees and insurance 
provided by the Bank and guaranteed under this section during 
the preceding 6-month period.
  (i) Administrative and Technical Assistance.--The Bank shall 
provide, without reimbursement, such administrative and 
technical assistance to the administering agency as the Bank 
and the Administrator determine appropriate to assist the 
administering agency in carrying out this section.
  (j) Fees and Premiums.--The Bank is authorized to charge fees 
and premiums, in connection with guarantees or insurance 
guaranteed by the administering agency under subsection (a), 
that are commensurate (in the judgment of the Bank) with the 
Bank's administrative costs and the risks covered by the 
agency's guarantees. Any amounts received by the Bank in excess 
of the estimated costs incurred by the Bank in administering 
such guarantees or insurance--
          (1) shall be credited to the reserve fund established 
        pursuant to subsection (d),
          (2) shall be merged with the funds in such reserve, 
        and
          (3) shall be available for the purpose of payments by 
        the administering agency to the Bank for guarantees 
        under subsection (a).
  (k) Restrictions Not Applicable.--Prohibitions on the use of 
foreign assistance funds for assistance for Poland shall not 
apply with respect to the funds made available to carry out 
this section.
  (l) Expiration of Authority.--The President may not enter 
into any commitments to guarantee under subsection (a) after 
September 30, 1992.
  (m) Definitions.--For purposes of this section--
          (1) the term ``administering agency'' means the 
        Agency for International Development;
          (2) the term ``Administrator'' means the 
        Administrator of the Agency for International 
        Development; and
          (3) the term ``Bank'' means the Export-Import Bank of 
        the United States.

SEC. 226.\177\ LOAN GUARANTEES TO ISRAEL PROGRAM.

    (a) In General.--Subject to the terms and conditions of 
this section, during the period beginning October 1, 1992, and 
ending September 30, 1997, the President is authorized to issue 
guarantees against losses incurred in connection with loans to 
Israel made as a result of Israel's extraordinary humanitarian 
effort to resettle and absorb immigrants into Israel from the 
republics of the former Soviet Union, Ethiopia and other 
countries. In the event that less than the full amount 
authorized to be issued under subsection (b) of this section is 
issued in such period, the authority to issue the balance of 
such guarantees shall be available in the fiscal year ending on 
September 30, 1998.
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    \177\ 22 U.S.C. 2186. Added by sec. 601 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1993 (Public 
Law 102-391; 106 Stat. 1699).
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    (b) \178\ 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:
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    \178\ In past years, the President has determined, pursuant to sec. 
226(d), that amounts authorized under this section for loan guarantees 
be reduced. See Presidential Determination No. 93-44 of September 30, 
1993 (58 F.R. 52209); Presidential Determination No. 94-57 of September 
30, 1994 (59 F.R. 52057); Presidential Determination No. 95-46 of 
September 29, 1995 (60 F.R. 53087).
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          (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 
        \179\ of the House of Representatives.
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    \179\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    (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) \178\ Limitation on Guarantee Amount.--The amount of 
authorized but unissued guarantees that the President is 
authorized to issue as specified in subsection (b) shall be 
reduced by an amount equal to the amount extended or estimated 
to have been extended by the Government of Israel during the 
previous year for activities which the President determines are 
inconsistent with the objectives of this section or 
understandings reached between the United States Government and 
the Government of Israel regarding the implementation of the 
loan program. The President shall submit a report to Congress 
no later than September 30 of each fiscal year during the 
pendency of the program specifying the amount calculated under 
this subsection and that will be deducted from the amount of 
guarantees authorized to be issued in the next fiscal year.
    (e) Fees.--
          (1) Fees charged for the loan guarantee program under 
        this section each year shall be an aggregate annual 
        origination fee equal to the estimated subsidy cost of 
        the guarantees issued under this section for that year, 
        calculated by the Office of Management and Budget for 
        the Federal Credit Reform Act of 1990. This shall also 
        include an amount for the administrative expenses of 
        the Agency for International Development in 
        administering the program under this section. All such 
        fees shall be paid by the Government of Israel to the 
        Government of the United States. Funds made available 
        for Israel under chapter 4 of Part II of the Foreign 
        Assistance Act of 1961, as amended, may be utilized by 
        the Government of Israel to pay such fees to the United 
        States Government. No further appropriations of subsidy 
        cost are needed for the loan guarantee authorized 
        hereunder for fiscal year 1993 and the four succeeding 
        fiscal years.
          (2) The origination fee shall be payable to the 
        United States Government on a pro rata basis as each 
        guarantee for each loan or increment is issued.
    (f) Authority To Suspend.--Except as provided in 
subsections (l) and (m) of this section, the President shall 
determine the terms and conditions for issuing guarantees. If 
the President determines that these terms and conditions have 
been breached, the President may suspend or terminate the 
provision of all or part of the additional loan guarantees not 
yet issued under this section. Upon making such a determination 
to suspend or terminate the provision of loan guarantees, the 
President shall submit to the Speaker of the House of 
Representatives and the President Pro Tempore of the Senate his 
determination to do so, including the basis for such suspension 
or termination.
    (g) Procedures for Suspension or Termination.--Any 
suspension or termination pursuant to subsection (f) shall be 
in accordance with the following procedures:
          (1) Upon making a determination to suspend or 
        terminate the provision of loan guarantees, the 
        President shall submit to the Speaker of the House of 
        Representatives and the President Pro Tempore of the 
        Senate his determination to do so, including the basis 
        for such suspension or termination.
          (2) Such a suspension or termination shall cease to 
        be effective if Congress enacts, within 30 days of 
        submission, a joint resolution authorizing the 
        assistance notwithstanding the suspension.
          (3) Any such joint resolution shall be considered in 
        the Senate in accordance with the provisions of section 
        601(b) of the International Security Assistance and 
        Arms Export Control Act of 1976.
          (4) For the purpose of expediting the consideration 
        and enactment of joint resolutions under this 
        subsection, a motion to proceed to the consideration of 
        any such joint resolution after it has been reported by 
        the appropriate committee shall be treated as highly 
        privileged in the House of Representatives.
          (5) In the event that the President suspends the 
        provision of additional loan guarantees under 
        subsection (f) and Congress does not enact a joint 
        resolution pursuant to this subsection, the provision 
        of additional loan guarantees under the program 
        established by this section may be resumed only if the 
        President determines and so reports to Congress that 
        the reasons for the suspension have been resolved or 
        that the resumption is otherwise in the national 
        interest.
  (h) Economic Context.--The effective absorption of immigrants 
into Israel from the republics of the former Soviet Union and 
Ethiopia within the private sector requires large investment 
and economic restructuring to promote market efficiency and 
thereby contribute to productive employment and sustainable 
growth. Congress recognizes that the Government of Israel is 
developing an economic strategy designed to achieve these 
goals, and that the Government of Israel intends to adopt a 
comprehensive, multi-year economic strategy based on prudent 
macroeconomic policies and structural reforms. Congress also 
recognizes that these policies are being designed to reduce 
direct involvement of the government in the economic system and 
to promote private enterprise, important prerequisites for 
economic stability and sustainable growth.
  (i) Consultations.--It is the sense of the Congress that, as 
agreed between the two Governments and in order to further the 
policies specified in subsection (h), Israel and the United 
States should continue to engage in consultations concerning 
economic and financial measures, including structural and other 
reforms, that Israel should undertake during the pendency of 
this program to enable its economy to absorb and resettle 
immigrants and to accommodate the increased debt burden that 
will result from loans guaranteed pursuant to this section. It 
is the sense of the Congress that these consultations on 
economic measures should address progress and plans in the 
areas of budget policies, privatization, trade liberalization, 
financial and capital markets, labor markets, competition 
policy, and deregulation.
  (j) Goods and Services.--During the pendency of the loan 
program authorized under this section, it is anticipated that, 
in the context of the economic reforms undertaken pursuant to 
subsections (h) and (i) of this section, Israel's increased 
population due to its absorption of immigrants, and the 
liberalization by the Government of Israel of its trade policy 
with the United States, the amount of United States investment 
goods and services purchased for use in or with respect to the 
country of Israel will substantially increase.
  (k) Reports.--The President shall report to Congress by 
December 31 of each fiscal year until December 31, 1999, 
regarding the implementation of this section.
    (l) Applicability of Foreign Assistance Act Authorities.--
Section 223 of the Foreign Assistance Act shall apply to 
guarantees issued under subsection (a) in the same manner as 
such section applies to guarantees issued under section 222, 
except that subsections (a), (e)(1), (g), and (j) of section 
223 shall not apply to such guarantees and except that, to the 
extent section 223 is inconsistent with the Federal Credit 
Reform Act of 1990, that Act shall apply. Loans shall be 
guaranteed under this section without regard to sections 221, 
222, and 238(c). Notwithstanding section 223(f), the interest 
rate for loans guaranteed under this section may include a 
reasonable fee to cover the costs and fees incurred by the 
borrower in connection with this program or financing under 
this section in the event the borrower elects not to finance 
such costs or fees out of loan principal. Guarantees once 
issued hereunder shall be unconditional and fully and freely 
transferable.
    (m) Terms and Conditions.--
          (1) Each loan guarantee issued under this section 
        shall guarantee 100 percent of the principal and 
        interest payable on such loans.
          (2) The standard terms of any loan or increment 
        guaranteed under this section shall be 30 years with 
        semiannual payments of interest only over the first 10 
        years, and with semiannual payments of principal and 
        interest on a level payment basis, over the last 20 
        years thereof, except that the guaranteed loan or any 
        increments issued in a single transaction may include 
        obligations having different maturities, interest 
        rates, and payment terms if the aggregate scheduled 
        debt service for all obligations issued in a single 
        transaction equals the debt service for a single loan 
        or increment of like amount having the standard terms 
        described in this sentence. The guarantor shall not 
        have the right to accelerate any guaranteed loan or 
        increment or to pay any amounts in respect of the 
        guarantees issued other than in accordance with the 
        original payment terms of the loan. For purposes of 
        determining the maximum principal amount of any loan or 
        increment to be guaranteed under this section, the 
        principal amount of each such loan or increment shall 
        be--
                  (A) in the case of any loan issued on a 
                discount basis, the original issue price 
                (excluding any transaction costs) thereof; or
                  (B) in the case of any loan issue on an 
                interest-bearing basis, the stated principal 
                amount thereof.

        Title IV--Overseas Private Investment Corporation \180\

    Sec. 231.\181\ Creation, Purpose and Policy.--To mobilize 
and facilitate the participation of United States private 
capital and skills in the economic and social development \182\ 
of less developed countries and areas, and countries in 
transition from nonmarket to market economies,\183\ thereby 
complementing the development assistance objectives of the 
United States, there is hereby created the Overseas Private 
Investment Corporation (hereinafter called the 
``Corporation''), which shall be an agency of the United States 
under the policy guidance of the Secretary of State.
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    \180\ A new title IV was added by sec. 105 of the FA Act of 1969. 
Prior to this, title IV had been titled ``Surveys of Investment 
Opportunities.'' For Executive Order concerning OPIC, see Legislation 
on Foreign Relations Through 1999, vol. I-B.
    Title IV was amended extensively by title I of S. 2757 and title I 
of H.R. 5263, both enacted by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268):
    ``Sec. 555. * * * Provided further, That title I of H.R. 5263 as 
passed by the House of Representatives on September 20, 1988, is hereby 
enacted into law: Provided further, That purchases, investments or 
other acquisitions of equity by the fund created by section 104 of H.R. 
5263 as hereby enacted are limited to such amounts as may be provided 
in advance in appropriations Acts: Provided further, That 
notwithstanding any other provision of this Act, titles I and III of S. 
2757 as reported by the Senate Committee on Foreign Relations on 
September 7, 1988, are hereby enacted into law: Provided further, That 
purchases, investments or other acquisitions of equity by the fund 
created by section 104 of S. 2757 as hereby enacted are limited to such 
amounts as may be provided in advance in appropriations Acts: * * *.''.
    Except in two instances, title I, S. 2757 and title I, H.R. 5263 
are identical. Sec. 106 in each title amended sec. 235(a)(2) of the FA 
Act of 1961. Sec. 235(a)(2) was previously amended by Public Law 100-
418, sec. 2203(b)(1)(A); H.R. 5263 took this into account. Public Law 
100-418, sec. 2203(b)(1)(B) redesignated sec. 235(a)(5) of the FA Act 
of 1961 as sec. 235(a)(6). Sec. 107 in S. 2757 and H.R. 5263 amended 
this section, but H.R. 5263 took into account the redesignation by 
Public Law 100-418. Title III of S. 2757, which addresses the 
implementation of certain USIA Exchange Visitor Programs, is in 
Legislation on Foreign Relations Through 1999, vol. II, sec. E.
    \181\ 22 U.S.C. 2191. Sec. 231 was added by sec. 105 of the FA Act 
of 1969.
    \182\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) substituted ``development'' in lieu of 
``progress''.
    \183\ Sec. 101 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3651) struck out ``friendly countries and areas,'' 
and inserted in lieu thereof ``countries and areas, and countries in 
transition from nonmarket to market economies,''.
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    The \184\ Corporation, in determining whether to provide 
insurance, financing, or reinsurance for a project, shall 
especially--
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    \184\ This paragraph was added by sec. 2(1) of Public Law 95-268 
(92 Stat. 213).
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          (1) be guided by the economic and social development 
        impact and benefits of such a project and the ways in 
        which such a project complements, or is compatible 
        with, other development assistance programs or projects 
        of the United States or other donors;
          (2) give preferential consideration to investment 
        projects in less developed countries that have per 
        capita incomes of $984 or less in 1986 United States 
        dollars, and restrict its activities with respect to 
        investment projects in less developed countries that 
        have per capita incomes of $4,269 or more in 1986 
        United States dollars (other than countries designated 
        as beneficiary countries under section 212 of the 
        Caribbean Basin Economic Recovery Act (19 U.S.C. 2702), 
        Ireland, and Northern Ireland); and \185\
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    \185\ The per capita income levels were increased from $896 and 
$3,887 in 1983 U.S. dollars by sec. 102 of the OPIC Amendments Act of 
1988, S. 2757, enacted into law by reference in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1989 (Public 
Law 100-461; 102 Stat. 2268). Sec. 102 also added ``(other than 
countries designated as beneficiary countries under section 212 of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702))''. Previously 
the per capita income levels were increased from $680 and $2,950 in 
1979 U.S. dollars to $896 and $3,887 in 1983 U.S. dollars by sec. 3 of 
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1669), and 
from $520 and $1,000 in 1975 U.S. dollars to $680 and $2,950 in 1979 
U.S. dollars, respectively, by sec. 2(1) of the OPIC Amendments Act of 
1981 (Public Law 97-65; 95 Stat. 1021).
    Sec. 105 of the Jobs Through Trade Expansion Act of 1994 (Public 
Law 103-392; 108 Stat. 4099) inserted ``, Ireland, and Northern 
Ireland'' in the parentheses.
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          (3) \186\ ensures that the project is consistent with 
        the provisions of section 117 \186\ (as so redesignated 
        by the Special Foreign Assistance Act of 1986), section 
        118, and section 119 of this Act relating to the 
        environment and natural resources of, and tropical 
        forests and endangered species \186\ in, developing 
        countries, and consistent with the intent of 
        regulations issued pursuant to sections 118 and 119 of 
        this Act.
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    \186\ Par. (3) was added by sec. 4(a)(1)(C) of the OPIC Amendments 
Act of 1985 (Public Law 99-204; 99 Stat. 1669). The OPIC Amendments Act 
of 1988, S. 2757, enacted into law by reference in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268), made a correction to include 
section 117. S. 2757 also struck out ``biological diversity'' and 
inserted in lieu thereof ``tropical forests and endangered species''.
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    In carrying out its purpose, the Corporation, utilizing 
broad criteria, shall undertake--
          (a) \187\ to conduct financing, insurance, and 
        reinsurance operations on a self-sustaining basis, 
        taking into account in its financing operations the 
        economic and financial soundness of projects;
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    \187\ Subsec. (a) was amended by sec. 2(1)(B) of the OPIC 
Amendments Act of 1974 (Public Law 93-390; 83 Stat. 809). It formerly 
read as follows: ``(a) to conduct financial soundness of projects and 
the availability of financing from other sources on appropriate 
terms;''.
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          (b) to utilize private credit and investment 
        institutions and the Corporation's guaranty authority 
        as the principal means of mobilizing capital investment 
        funds;
          (c) to broaden private participation and revolve its 
        funds through selling its direct investments to private 
        investors whenever it can appropriately do so on 
        satisfactory terms;
          (d) to conduct its insurance operations with due 
        regard to principles of risk management including \188\ 
        efforts to share its insurance risks and reinsurance 
        \189\ risks;
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    \188\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck the words, ``when appropriate,'' which appeared at this 
point.
    \189\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the words ``and reinsurance''.
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          (e) \190\ to the maximum degree possible consistent 
        with its purposes--
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    \190\ Subsec. (e), as amended by Public Law 93-390, was amended and 
restated by sec. 2(2) of Public Law 95-268 (92 Stat. 213). It formerly 
read as follows:
    ``(e) to give preferential consideration in its investment 
insurance, financing, and reinsurance activities (to the maximum extent 
practicable consistent with the Corporation's purposes) to investment 
projects involving businesses of not more than $2,500,000 net worth or 
with not more than $7,500,000 in total assets;''.
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                  (1) to give preferential consideration in its 
                investment insurance, reinsurance, and guaranty 
                activities to investment projects sponsored by 
                or involving United States small business; and
                  (2) to increase the proportion of projects 
                sponsored by or significantly involving United 
                States small business to at least 30 percent of 
                all projects insured, reinsured, or guaranteed 
                by the Corporation;
          (f) \191\ to consider in the conduct of its 
        operations the extent to which less developed country 
        governments are receptive to private enterprise, 
        domestic and foreign, and their willingness and ability 
        to maintain conditions which enable private enterprise 
        to make its full contribution to the development 
        process;
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    \191\ Sec. 2(5) of Public Law 95-268 (92 Stat. 214) struck subsecs. 
(f) and (l) and redesignated subsecs. (g) through (n) as (f) through 
(l), respectively. Subsecs. (f) and (l) formerly read as follows:
    ``(f) to encourage and support only those private investments in 
less developed friendly countries and areas which are sensitive and 
responsive to the special needs and requirements of their economies, 
and which contribute to the social and economic development of their 
people;''
    ``(l) to the maximum extent practicable, to give preferential 
consideration in the Corporation's investment insurance, financing, and 
reinsurance activities to investment projects in the less developed 
friendly countries which have per capita incomes of $450 or less in 
1973 United States dollars; and''.
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          (g) \191\ to foster private initiative and 
        competition and discourage monopolistic practices;
          (h) \191\ to further to the greatest degree possible, 
        in a manner consistent with its goals, the balance-of-
        payments and employment \192\ objectives of the United 
        States;
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    \192\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the words ``and employment''.
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          (i) \191\ to conduct its activities in consonance 
        with the activities of the agency primarily responsible 
        for administering part I and the international trade, 
        investment, and financial policies of the United States 
        Government, and to seek to support those developmental 
        projects having positive trade benefits for the United 
        States; \193\
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    \193\ The words ``, and to seek to support those developmental 
projects having positive trade benefits for the United States'' were 
added by sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021).
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          (j) \191\ to advise and assist, within its field of 
        competence, interested agencies of the United States 
        and other organizations, both public and private, 
        national and international, with respect to projects 
        and programs relating to the development of private 
        enterprise in less developed countries and areas;
          (k) \194\ (1) to decline to issue any contract of 
        insurance or reinsurance, or any guaranty, or to enter 
        into any agreement to provide financing for an eligible 
        investor's proposed investment if the Corporation 
        determines that such investment is likely to cause such 
        investor (or the sponsor of an investment project in 
        which such investor is involved) significantly to 
        reduce the number of his employees in the United States 
        because he is replacing his United States production 
        with production from such investment which involves 
        substantially the same product for substantially the 
        same market as his United States production; and (2) to 
        monitor conformance with the representations of the 
        investor on which the Corporation relied in making the 
        determination required by clause (1);
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    \194\ This subsection was originally added as subsec. (m) by sec. 
2(1)(H) of the OPIC Amendments Act of 1974 (Public Law 93-390). It was 
redesignated as subsec. (k) by sec. 2(5) of Public Law 95-268; 92 Stat. 
214.
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          (l) \195\ to decline to issue any contract of 
        insurance or reinsurance, or any guaranty, or to enter 
        into any agreement to provide financing for an eligible 
        investor's proposed investment if the Corporation 
        determines that such investment is likely to cause a 
        significant reduction in the number of employees in the 
        United States;
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    \195\ This subsection was added as subsec. (n) by sec. 2(4) of 
Public Law 95-268 (92 Stat. 213), and redesignated as subsec. (l) by 
sec. 2(5) of the same Act.
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          (m) \196\ to refuse to insure, reinsure, or finance 
        any investment subject to performance requirements 
        which would reduce substantially the positive trade 
        benefits likely to accrue to the United States from the 
        investment; and
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    \196\ Subsec. (m) was added by sec. 2(3)(C) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1021).
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          (n) \197\ to refuse to insure, reinsure, guarantee, 
        or finance any investment in connection with a project 
        which the Corporation determines will pose an 
        unreasonable or major environmental, health, or safety 
        hazard, or will result in the significant degradation 
        of national parks or similar protected areas.
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    \197\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law 
99-204; 99 Stat. 1669) added subsec. (n).
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    Sec. 231A.\198\ Additional Requirements.--(a) Worker 
Rights.--
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    \198\ 22 U.S.C. 2191a. Sec. 231A was added by sec. 5(a) of the OPIC 
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1670). Sec. 5(b) of 
the Act provides that sec. 231A(a) ``shall not apply to projects 
insured, reinsured, guaranteed, or financed before the date of the 
enactment of this Act.''.
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          (1) Limitation on OPIC Activities.--The Corporation 
        may insure, reinsure, guarantee, or finance a project 
        only if the country in which the project is to be 
        undertaken is taking steps to adopt and implement laws 
        that extend internationally recognized worker rights, 
        as defined in section 507(4) of the Trade Act of 
        1974,\199\ to workers in that country (including any 
        designated zone in that country). The Corporation shall 
        also include the following language, in substantially 
        the following form, in all contracts which the 
        Corporation enters into with eligible investors to 
        provide financial support under this title: \200\
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    \199\ Sec. 1954(b)(3)(A) of Public Law 104-188 (110 Stat. 1928) 
struck out ``502(a)(4) of the Trade Act of 1974 (19 U.S.C. 
2462(a)(4))'' and inserted in lieu thereof ``507(4) of the Trade Act of 
1974''.
    \200\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3651) added the last sentence, including the 
language required in contracts, to sec. 231A(a)(1).
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          ``The investor agrees not to take actions to prevent 
        employees of the foreign enterprise from lawfully 
        exercising their right of association and their right 
        to organize and bargain collectively. The investor 
        further agrees to observe applicable laws relating to a 
        minimum age for employment of children, acceptable 
        conditions of work with respect to minimum wages, hours 
        of work, and occupational health and safety, and not to 
        use forced labor. The investor is not responsible under 
        this paragraph for the actions of a foreign 
        government.''
          (2) Use of Annual Reports on Workers Rights.--The 
        Corporation shall, in making its determinations under 
        paragraph (1), use the reports submitted to the 
        Congress pursuant to section 504 of the Trade Act of 
        1974.\201\ The restriction set forth in paragraph (1) 
        shall not apply until the first such report is 
        submitted to the Congress.
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    \201\ Sec. 1954(b)(3)(B) of Public Law 104-188 (110 Stat. 1928) 
struck out ``505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c))'' and 
inserted in lieu thereof ``504 of the Trade Act of 1974''.
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          (3) Waiver.--Paragraph (1) shall not prohibit the 
        Corporation from providing any insurance, reinsurance, 
        guaranty, or financing with respect to a country if the 
        President determines that such activities by the 
        Corporation would be in the national economic interests 
        of the United States. Any such determination shall be 
        reported in writing to the Congress, together with the 
        reasons for the determination.\202\
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    \202\ The President determined ``that the waiver of section 
231A(a)(1) with respect to Nicaragua, permitting the Overseas Private 
Investment Corporation to insure, reinsure, guaranty, and finance 
projects in Nicaragua, is in the national economic interests of the 
United States.'' (Presidential Determination 90-24 of June 21, 1990; 55 
F.R. 27631).
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          (4) \203\ In making a determination under this 
        section for the People's Republic of China, the 
        Corporation shall discuss fully and completely the 
        justification for making such determination with 
        respect to each item set forth in subparagraphs (A) 
        through (E) of section 507(4) \204\ of the Trade Act of 
        1974.
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    \203\ Sec. 231A(a)(4) was added by sec. 2203(c) of Public Law 100-
418 (102 Stat. 1328).
    Sec. 902(a)(1) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) continued a 
suspension of OPIC's issuing new insurance, reinsurance, guarantees, 
financing, or other financial support to the People's Republic of China 
until the President reported to the Congress under subsec. (b) of that 
sec. that China had made certain political reforms, or that such 
assistance was in the national interest of the United States. For text 
of sec. 902, see Legislation on Foreign Relations Through 1999, vol. 
II, sec. D.
    \204\ Sec. 1954(b)(3)(C) of Public Law 104-188 (110 Stat. 1928) 
struck out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
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    (b) \205\ Environmental Impact.--The Board of Directors of 
the Corporation shall not vote in favor of any action proposed 
to be taken by the Corporation that is likely to have 
significant adverse environmental impacts that are sensitive, 
diverse, or unprecedented, unless for at least 60 days before 
the date of the vote--
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    \205\ Sec. 3(a) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1745) redesignated subsec. (b) as subsec. (c), and 
added a new subsec. (b).
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          (1) an environmental impact assessment or initial 
        environmental audit, analyzing the environmental 
        impacts of the proposed action and of alternatives to 
        the proposed action has been completed by the project 
        applicant and made available to the Board of Directors; 
        and
          (2) such assessment or audit has been made available 
        tot he public of the United States, locally affected 
        groups in the host country, and host country 
        nongovernmental organizations.
    (c) \205\ Public Hearings.--(1) \206\ The Board shall hold 
at least one public hearing each year in order to afford an 
opportunity for any person to present views as to whether the 
Corporation is carrying out its activities in accordance with 
section 231 and this section or whether any investment in a 
particular country should have been or should be extended 
insurance, reinsurance, guarantees, or financing under this 
title.
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    \206\ Sec. 3(a)(3) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1745) inserted ``(1)'' before ``The Board'' and 
added a new para. (2).
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    (2) \206\ In conjunction with each meeting of its Board of 
Directors, the Corporation shall hold a public hearing in order 
to afford an opportunity for any person to present views 
regarding the activities of the Corporation. Such views shall 
be made part of the record.
    Sec. 232.\207\ Capital of the Corporation.--The President 
is authorized to pay in as capital of the Corporation, out of 
dollar receipts made available through the appropriation 
process from loans made pursuant to this part and from loans 
made under the Mutual Security Act of 1954, as amended, for the 
fiscal year 1970 not to exceed $20,000,000 and for the fiscal 
year 1971 not to exceed $20,000,000. Upon the payment of such 
capital by the President, the Corporation shall issue an 
equivalent amount of capital stock to the Secretary of the 
Treasury.
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    \207\ 22 U.S.C. 2192. Sec. 232 was added by sec. 105 of the FA Act 
of 1969.
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    Sec. 233.\208\ Organization and Management.--(a) Structure 
of the Corporation.--The Corporation shall have a Board of 
Directors, a President, an Executive Vice President, and such 
other officers and staff as the Board of Directors may 
determine.
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    \208\ 22 U.S.C. 2193. Sec. 233 was added by sec. 105 of the FA Act 
of 1969.
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    (b) Board of Directors.--All powers of the Corporation 
shall vest in and be exercised by or under the authority of its 
Board of Directors (``the Board'') which shall consist of 
fifteen Directors,\209\ including the Chairman, with eight 
Directors \210\ constituting a quorum for the transaction of 
business.\211\ Eight Directors \211\<SUP>,</SUP> \212\ shall be 
appointed by the President of the United States, by and with 
the advice and consent of the Senate, and shall not be 
officials or employees of the Government of the United States. 
At least two of the eight Directors \213\ appointed under the 
preceding sentence shall be experienced in small business, one 
in organized labor, and one in cooperatives. Each such Director 
shall be appointed for a term of no more than three years. The 
terms of no more than three such Directors \214\ shall expire 
in any one year. Such Directors shall serve until their 
successors are appointed and qualified and may be reappointed.
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    \209\ The number of Directors was increased from 11 to 15 by sec. 
3(a)(1) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 
1021), effective Oct. 1, 1981.
    \210\ The number of Directors was increased from six to eight by 
sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 
Stat. 1021), effective Oct. 1, 1981.
    \211\ Sec. 4(1) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) struck out two sentences at this point that 
designated the Administrator of AID as Chairman of the Board, ex 
officio, and the U.S. Trade Representative or Deputy U.S. Trade 
Representative as Vice Chairman of the Board, ex officio. The second 
sentence, establishing the USTR role, had been added by sec. 3(a)(2) of 
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1021), 
effective Oct. 1, 1981.
    \212\ Sec. 4(2) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) struck out ``(other than the President of the 
Corporation, appointed pursuant to subsection (c) who shall serve as a 
Director ex officio)'' at this point.
    \213\ The number of Directors was increased from one of the six to 
two of the eight by sec. 3(a) of the OPIC Amendments Act of 1981 
(Public Law 97-65; 95 Stat. 1022), effective Oct. 1, 1981.
    \214\ The number of Directors was increased from two to three by 
sec. 3(a)(3) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 
Stat. 1022), effective Oct. 1, 1981.
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    The other Directors shall be officials of the Government of 
the United States, including the President of the Corporation, 
the Administrator of the Agency for International Development, 
the United States Trade Representative, and \215\ an official 
of the Department of Labor,\216\ designated by and serving at 
the pleasure of the President of the United States. The United 
States Trade Representative may designate a Deputy United 
States Trade Representative to serve on the Board in place of 
the United States Trade Representative.\217\
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    \215\ Sec. 4(3)(A) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1746) inserted ``the President of the 
Corporation, the Administrator of the Agency for International 
Development, the United States Trade Representative, and'' after 
``including''.
    \216\ The reference to an official of the Department of Labor was 
added by sec. 3(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022), effective October 1, 1981.
    \217\ Sec. 4(3)(B) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1746) inserted ``The United States Trade 
Representative may designate a Deputy United States Trade 
Representative to serve on the Board in place of the United States 
Trade Representative.''.
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    There shall be a Chairman and a Vice Chairman of the Board, 
both of whom shall be designated by the President of the United 
States from among the Directors of the Board other than those 
appointed under the second sentence of the first paragraph of 
this subsection.\218\
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    \218\ Sec. 4(4) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) added this para.
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    All Directors who are not officers of the Corporation or 
officials of the Government of the United States shall be 
compensated at a rate equivalent to that of level IV of the 
Executive Schedule (5 U.S.C. 5315) \219\ when actually engaged 
in the business of the Corporation and may be paid per diem in 
lieu of subsistence at the applicable rate prescribed in the 
standardized Government travel regulations, as amended, from 
time to time, while away from their homes or usual places of 
business.
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    \219\ The current rate of compensation at level IV of the Executive 
Schedule is $122,400 per annum (Executive Order 13144; 64 F.R. 72237; 
December 21, 1999).
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    (c) President of the Corporation.--The President of the 
Corporation shall be appointed by the President of the United 
States, by and with the advice and consent of the Senate, and 
shall serve at the pleasure of the President. In making such 
appointment, the President shall take into account private 
business experience of the appointee. The President of the 
Corporation shall be its Chief Executive Officer and 
responsible for the operations and management of the 
Corporation, subject to bylaws and policies established by the 
Board.
    (d) Officers and Staff.--The Executive Vice President of 
the Corporation shall be appointed by the President of the 
United States, by and with the advice and consent of the 
Senate, and shall serve at the pleasure of the President. Other 
officers, attorneys, employees, and agents shall be selected 
and appointed by the Corporation, and shall be vested with such 
powers and duties as the Corporation may determine. Of such 
persons employed by the Corporation, not to exceed twenty may 
be appointed, compensated, or removed without regard to the 
civil service laws and regulations: Provided, That under such 
regulations as the President of the United States may 
prescribe, officers and employees of the United States 
Government who are appointed to any of the above positions may 
be entitled, upon removal from such position, except for cause, 
to reinstatement to the position occupied at the time of 
appointment or to a position of comparable grade and salary. 
Such positions shall be in addition to those otherwise 
authorized by law, including those authorized by section 5108 
of title 5 of the United States Code.
    Sec. 234.\220\ Investment Insurance and Other 
Programs.\221\--The Corporation is hereby authorized to do the 
following:
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    \220\ 22 U.S.C. 2194. Sec. 234 was added by sec. 105 of the FA Act 
of 1969.
    \221\ Sec. 2(2)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted section title ``Investment Insurance and Other 
Programs'' in lieu of ``Investment Incentive Programs''.
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    (a) \222\ Investment Insurance.--(1) To issue insurance, 
upon such terms and conditions as the Corporation may 
determine, to eligible investors assuring protection in whole 
or in part against any or all of the following risks with 
respect to projects which the Corporation has approved--
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    \222\ Sec. 5(b)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1023) provided:
    ``(2) The authority of the Overseas Private Investment Corporation 
to enter into contracts under section 234(a) of the Foreign Assistance 
Act of 1961 shall be effective for any fiscal year beginning after 
September 30, 1981, only to such extent or in such amounts as are 
provided in appropriation Acts.''.
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          (A) inability to convert into United States dollars 
        other currencies, or credits in such currencies, 
        received as earnings or profits from the approved 
        project, as repayment or return of the investment 
        therein, in whole or in part, or as compensation for 
        the sale or disposition of all or any part thereof;
          (B) loss of investment, in whole or in part, in the 
        approved project due to expropriation or confiscation 
        by action of a foreign government;
          (C) loss due to war, revolution, insurrection or 
        civil strife; and \223\
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    \223\ The reference to civil strife was added by sec. 4(a)(1) of 
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022).
---------------------------------------------------------------------------
          (D) \224\ loss due to business interruption caused by 
        any of the risks set forth in subparagraphs (A), (B), 
        and (C).
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    \224\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1671) added subpar. (D)
---------------------------------------------------------------------------
    (2) \225\ Recognizing that major private investments in 
less developed friendly countries or areas are often made by 
enterprises in which there is multinational participation, 
including significant United States private participation, the 
Corporation may make arrangements with foreign governments 
(including agencies, instrumentalities, or political 
subdivisions thereof) or with multilateral organizations and 
institutions for sharing liabilities assumed under investment 
insurance for such investments and may in connection therewith 
issue insurance to investors not otherwise eligible hereunder, 
except that liabilities assumed by the Corporation under the 
authority of this subsection shall be consistent with the 
purposes of this title and that the maximum share of 
liabilities so assumed shall not exceed the proportionate 
participation by eligible investors in the project.\226\
---------------------------------------------------------------------------
    \225\ Subsec. (a)(2) was amended by sec. 2(2)(B) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). It formerly read as 
follows: ``(2) Recognizing that major private investments in less 
developed friendly countries in areas are often made by enterprises in 
which there is multinational participation, including significant 
United States private participation, the Corporation may make such 
arrangements with foreign governments (including agencies, 
instrumentalities, or political subdivisions thereof) or with 
multilateral organizations for sharing liabilities assumed under 
investment insurance for such investments and may in connection 
therewith issue insurance to investors not otherwise eligible 
hereunder: Provided, however, That liabilities assumed by the 
Corporation under the authority of this subsection shall be consistent 
with the purposes of this title and that the maximum share of 
liabilities so assumed shall not exceed the proportionate participation 
by eligible investors in the total project financing.''.
    \226\ The words ``total'' and ``financing'', which previously 
appeared immediately before and after the word ``project'', were 
deleted by sec. 4(a)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022).
    Sec. 3(1) of Public Law 95-268 (92 Stat. 214) struck out the 
following words that previously appeared at this point: ``and that the 
maximum share of liabilities so assumed under paragraph (1) (A) and (B) 
of paragraph (1)(C) shall not exceed the Corporation's proportional 
share of such liabilities as specified in paragraph (4) or (5) of this 
subsection.''.
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    (3) Not more than 10 per centum of the maximum contingent 
liability \227\ of investment insurance which the Corporation 
is permitted to have outstanding under section 235(a)(1) \228\ 
shall be issued to a single investor.
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    \227\ The words ``maximum contingent liability'' were substituted 
in lieu of ``total face amount'' by sec. 3(2) of Public Law 95-268 (92 
Stat. 214).
    \228\ The words ``permitted to have outstanding under sec. 
235(a)(1)'' were inserted in lieu of the words ``authorized to issue 
under this subsection'' by sec. 4(a)(3) of the OPIC Amendments Act of 
1981 (Public Law 97-65; 95 Stat. 1022).
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    (4) \229\ Before issuing insurance for the first time for 
loss due to business interruption, and in each subsequent 
instance in which a significant expansion is proposed in the 
type of risk to be insured under the definition of ``civil 
strife'' or ``business interruption'', the Corporation shall, 
at least sixty days before such insurance is issued, submit to 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs \230\ of the House of 
Representatives a report with respect to such insurance, 
including a thorough analysis of the risks to be covered, 
anticipated losses, and proposed rates and reserves and, in the 
case of insurance for loss due to business interruption, an 
explanation of the underwriting basis upon which the insurance 
is to be offered. Any such report with respect to insurance for 
loss due to business interruption shall be considered in 
accordance with the procedures applicable to reprogramming 
notifications pursuant to section 634A of this Act.\231\
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    \229\ Pars. (4) through (7), which had been added by the OPIC 
Amendments Act of 1974 (Public Law 93-390) and had appeared at this 
point, were struck by sec. 3(3) of Public Law 95-268 (92 Stat. 214). 
This new par. (4) was added by sec. 4(a)(4) of the OPIC Amendments Act 
of 1981 (Public Law 97-65; 95 Stat. 1022). Subsequently, sec. 
6(a)(2)(A) and (B) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1671) inserted ``insurance for the first time loss due to 
business interruption'' in lieu of ``civil strife insurance for the 
first time'' and replaced ``definition of civil strife'' with 
``definition of `civil strife' or `business interruption'''.
    \230\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    \231\ Sec. 6(a)(2) (C) and (D) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1671) added the text from the word 
``reserves'' to the end of para. (4).
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    (b) Investment Guaranties.--To issue to eligible investors 
guaranties of loans and other investments made by such 
investors assuring against loss due to such risks and upon such 
terms and conditions as the Corporation may determine: 
Provided, however, That such guaranties on other than loan 
investments shall not exceed 75 per centum of such investment: 
Provided further, That except for loan investments for credit 
unions made by eligible credit unions or credit union 
associations, the aggregate amount of investment (exclusive of 
interest and earnings) so guaranteed with respect to any 
project shall not exceed, at the time of issuance of any such 
guaranty, 75 per centum of the total investment committed to 
any such project as determined by the Corporation, which 
determination shall be conclusive for purposes of the 
Corporation's authority to issue any such guaranty: Provided 
further, That not more than 15 \232\ per centum of the maximum 
contingent liability of investment guaranties which the 
Corporation is permitted to have outstanding under section 
235(a)(2) \233\ shall be issued to a single investor.
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    \232\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) changed the per centum from 10 to 15.
    \233\ The words ``permitted to have outstanding under section 
235(a)(2)'' were inserted in lieu of the words ``authorized to issue 
under this subsection'' by sec. 4(b) of the OPIC Amendments Act of 1981 
(Public Law 97-65; 95 Stat. 1022).
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    (c) Direct Investment.--To make loans in United States 
dollars repayable in dollars or loans in foreign currencies 
(including, without regard to section 1415 of the Supplemental 
Appropriation Act, 1953, such foreign currencies which the 
Secretary of the Treasury may determine to be excess to the 
normal requirements of the United States and the Director of 
the Bureau of the Budget may allocate) to firms privately owned 
or of mixed private and public ownership upon such terms and 
conditions as the Corporation may determine.\234\ Loans may be 
made under this subsection only for projects that are sponsored 
by or significantly involve United States small business or 
cooperatives.\235\
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    \234\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck out the following which previously appeared at this 
point: ``The Corporation may not purchase or invest in any stock in any 
other corporation, except that it may (1) accept as evidence of 
indebtedness debt securities convertible to stock, but such debt 
securities shall not be converted to stock while held by the 
Corporation, and (2) acquire stock through the enforcement of any lien 
or pledge or otherwise to satisfy a previously contracted indebtedness 
which would otherwise be in default, or as the result of any payment 
under any contract of insurance or guaranty. The Corporation shall 
dispose of any stock it may so acquire as soon as reasonably feasible 
under the circumstances then pertaining.''.
    \235\ This sentence was added by sec. 3(4) of Public Law 95-268 (92 
Stat. 214).
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    The Corporation may designate up to 25 percent of any loan 
under this subsection for use in the development or adaptation 
in the United States of new technologies or new products or 
services that are to be used in the project for which the loan 
is made and are likely to contribute to the economic or social 
development of less developed countries.\236\
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    \236\ This paragraph was added by sec. 103 of the OPIC Amendments 
Act of 1988, S. 2757, enacted into law by reference in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268).
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    No loan may be made under this subsection to finance any 
operation for the extraction of oil or gas. The aggregate 
amount of loans under this subsection to finance operations for 
the mining or other extraction of any deposit of ore or other 
nonfuel minerals may not in any fiscal year exceed 
$4,000,000.\237\
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    \237\ Sec. 3(5) of Public Law 95-268 (92 Stat. 214) inserted this 
paragraph in lieu of the following:
    ``No loans shall be made under this section to finance operations 
for mining or other extraction of any deposit of ore, oil, gas, or 
other mineral.''.
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    (d) Investment Encouragement.--To initiate and support 
through financial participation, incentive grant, or otherwise, 
and on such terms and conditions as the Corporation may 
determine, the identification, assessment, surveying and 
promotion of private investment opportunities, utilizing 
wherever feasible and effective the facilities of private 
investors, except that--
          (1) the Corporation shall not finance any survey to 
        ascertain the existence, location, extent, or quality 
        of, or to determine the feasibility of undertaking 
        operations for the extraction of, oil or gas; and
          (2) expenditures financed by the Corporation during 
        any fiscal year on surveys to ascertain the existence, 
        location, extent, or quality of, or to determine the 
        feasibility of undertaking operations for the 
        extraction of nonfuel minerals may not exceed 
        $200,000.\238\
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    \238\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) struck out a 
proviso clause in subsec. (d) and added the words to this point 
beginning with ``, except that--''.
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    (e) Special Activities.--To administer and manage special 
projects and programs, including programs of financial and 
advisory support which provide private technical, professional, 
or managerial assistance in the development of human resources, 
skills, technology, capital savings and intermediate financial 
and investment institutions and cooperatives and including the 
initiation of incentives, grants, and studies for renewable 
energy and other small business activities.\239\ The funds for 
these projects and programs may, with the Corporation's 
concurrence, be transferred to it for such purposes under the 
authority of section 632(a) or from other sources, public or 
private. Administrative funds may not be made available for 
incentives, grants, and studies for renewable energy and other 
small business activities.\240\
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    \239\ Section 8(c) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat. 
1868) added text to the end of the sentence from ``and including''.
    \240\ Section 8(c) of the Renewable Energy and Energy Efficiency 
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat. 
1868) added the last sentence.
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    (f) \241\ Other Insurance Functions.--(1) To make and carry 
out contracts of insurance or reinsurance, or agreements to 
associate or share risks, with insurance companies, financial 
institutions, any other persons, or groups thereof, and 
employing the same where appropriate, as its agent, or acting 
as their agent, in the issuance and servicing of insurance, the 
adjustment of claims, the exercise of subrogation rights, the 
ceding and accepting of reinsurance, and in any other matter 
incident to an insurance business; except that such agreements 
and contracts shall be consistent with the purposes of the 
Corporation set forth in section 231 of this Act and shall be 
on equitable terms.\242\
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    \241\ Subsec. (f) was added by sec. 2(2)(D) of the OPIC Amendments 
Act of 1974 (Public Law 93-390).
    \242\ The words to this point beginning with ``; except that such 
agreements'' were added by sec. 3(6) of Public Law 95-268 (92 Stat. 
214). Subsequently, sec. 4(b)(2) of the OPIC Amendments Act of 1981 
(Public Law 97-65; 95 Stat. 1022) struck out the following text, as 
added by sec. 3(6) of Public Law 95-268: ``and (B) the Corporation 
shall not make or carry out any association or risk-sharing agreement 
for the direct underwriting of insurance by the Corporation with 
others, other than on an individual basis where such direct 
underwriting facilitates the purposes of the Corporation as set forth 
in section 231 of this Act.''.
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    (2) To enter into pooling or other risk-sharing agreements 
with \243\ multinational insurance or financing agencies or 
groups of such agencies.
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    \243\ Sec. 8 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) deleted the words ``other national or'' which previously 
appeared at this point.
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    (3) To hold an ownership interest in any association or 
other entity established for the purposes of sharing risks 
under investment insurance.
    (4) To issue, upon such terms and conditions as it may 
determine, reinsurance of liabilities assumed by other insurers 
or groups thereof in respect of risks referred to in subsection 
(a)(1).
    The amount of reinsurance of liabilities under this title 
which the Corporation may issue shall not \244\ in the 
aggregate exceed at any one time an amount equal to the amount 
authorized for the maximum contingent liability outstanding at 
any one time under section 235(a)(1). All reinsurance issued by 
the Corporation under this subsection shall require that the 
reinsured party retain for his own account specified portions 
of liability, whether first loss or otherwise.\245\<SUP>,</SUP> 
\246\
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    \244\ The words ``exceed $600,000,000 in any one year, and the 
amount of such reinsurance shall not'', which previously appeared at 
this point, were struck out by sec. 4(b)(3)(A) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1022).
    \245\ The phrase ``and the Corporation shall endeavor to increase 
such specified portions to the maximum extent possible'', which 
previously appeared at this point, was struck out by sec. 4(b)(3)(B) of 
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022).
    \246\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268), struck out the first sentence of this paragraph. It 
formerly read: ``The authority granted by paragraph (3) may be 
exercised notwithstanding the prohibition under subsection (c) against 
the Corporation purchasing or investing in any stock in any other 
corporation.''.
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    (g) \247\ Pilot Equity Finance Program.--
---------------------------------------------------------------------------
    \247\ Subsec. (g) was added by sec. 104(3) of the OPIC Amendments 
Act of 1988, S. 2757, enacted into law by reference in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461; 102 Stat. 2268).
    Sec. 6001(1) of Public Law 106-31 (113 Stat. 113) struck out para. 
(c) within subsec. (g), which had provided as follows:
    ``(c) Creation of Fund for Acquisition of Equity.--The Corporation 
is authorized to establish a revolving fund to be available solely for 
the purposes specified in this subsection and to make transfers to the 
fund of a total of $10,000,000 (less amounts transferred to the fund 
before the date of the enactment of the Jobs Through Exports Act of 
1992) from its noncredit account revolving fund. The Corporation shall 
transfer to the fund in each fiscal year all amounts received by the 
Corporation during the preceding fiscal year as income on securities 
acquired under this subsection, and from the proceeds on the 
disposition of such securities. Purchases of, investments in, and other 
acquisitions of equity from the fund are authorized for any fiscal year 
only to the extent or in such amounts as are provided in advance in 
appropriations Acts or are transferred to the Corporation pursuant to 
section 632(a) of this Act.''.
    Previously the paragraph was amended and restated by sec. 103 of 
the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 
3651).
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          (1) Authority for pilot program.--In order to study 
        the feasibility and desirability of a program of equity 
        financing, the Corporation is authorized to establish a 
        4-year pilot program under which it may, on the limited 
        basis prescribed in paragraphs (2) through (5), 
        purchase, invest in, or otherwise acquire equity or 
        quasi-equity securities of any firm or entity, upon 
        such terms and conditions as the Corporation may 
        determine, for the purpose of providing capital for any 
        project which is consistent with the provisions of this 
        title except that--
                  (A) the aggregate amount of the Corporation's 
                equity investment with respect to any project 
                shall not exceed 30 percent of the aggregate 
                amount of all equity investment made with 
                respect to such project at the time that the 
                Corporation's equity investment is made, except 
                for securities acquired through the enforcement 
                of any lien, pledge, or contractual arrangement 
                as a result of a default by any party under any 
                agreement relating to the terms of the 
                Corporation's investment; and
                  (B) the Corporation's equity investment under 
                this subsection with respect to any project, 
                when added to any other investments made or 
                guaranteed by the Corporation under subsection 
                (b) or (c) with respect to such project, shall 
                not cause the aggregate amount of all such 
                investment to exceed, at the time any such 
                investment is made or guaranteed by the 
                Corporation, 75 percent of the total investment 
                committed to such project as determined by the 
                Corporation.
The determination of the Corporation under subparagraph (B) 
shall be conclusive for purposes of the Corporation's authority 
to make or guarantee any such investment.
          (2) \248\ Equity authority limited to projects in 
        sub-saharan africa and caribbean basin and marine 
        transportation projects globally.--Equity investments 
        may be made under this subsection only in projects in 
        countries eligible for financing under this title that 
        are countries in sub-Saharan Africa or countries 
        designated as beneficiary countries under section 212 
        of the Caribbean Basin Economy Recovery Act \249\ and 
        in marine transportation projects in countries and 
        areas eligible for OPIC support worldwide using United 
        States commercial maritime expertise.\250\
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    \248\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) struck out 
``Limitation to projects in sub-saharan africa and caribbean basin'' 
and inserted in lieu thereof ``Equity authority limited to projects in 
sub-saharan africa and caribbean basin and marine transportation 
projects globally''.
    \249\ Should read ``Caribbean Basin Economic Recovery Act''; see 
Legislation on Foreign Relations Through 1999, vol. III, sec. J.
    \250\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) inserted 
``and in marine transportation projects in countries and areas eligible 
for OPIC support worldwide using United States commercial maritime 
expertise'' at the end of the sentence.
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          (3) Additional criteria.--In making investment 
        decisions under this subsection, the Corporation shall 
        give preferential consideration to projects sponsored 
        by or significantly involving United States small 
        business or cooperatives. The Corporation shall also 
        consider the extent to which the Corporation's equity 
        investment will assist in obtaining the financing 
        required for the project.
          (4) Disposition of equity interest.--Taking into 
        consideration, among other things, the Corporations' 
        financial interests and the desirability of fostering 
        the development of local capital markets in less 
        developed countries, the Corporation shall endeavor to 
        dispose of any equity interest it may acquire under 
        this subsection within a period of 10 years from the 
        date of acquisition of such interest.
          (5) \251\ Implementation.--To the extent provided in 
        advance in appropriations Acts, the Corporation is 
        authorized to create such legal vehicles as may be 
        necessary for implementation of its authorities, which 
        legal vehicles may be deemed non-Federal borrowers for 
        purposes of the Federal Credit Reform Act of 1990. 
        Income and proceeds of investments made pursuant to 
        this section 234(g) may be used to purchase equity or 
        quasi-equity securities in accordance with the 
        provisions of this section: Provided, however, That 
        such purchases shall not be limited to the 4-year 
        period of the pilot program: Provided further, That the 
        limitations contained in section 234(g)(2) shall not 
        apply to such purchases.
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    \251\ Sec. 6001(3) of Public Law 106-31 (113 Stat. 113) added para. 
(5).
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          (6) Consultations with congress.--The Corporation 
        shall consult annually with the Committee on Foreign 
        Affairs \252\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate on the 
        implementation of the pilot equity finance program 
        established under this subsection.
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    \252\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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    Sec. 234A.\253\ Enhancing Private Political Risk Insurance 
Industry.
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    \253\ 22 U.S.C. 2194b. Sec. 234A was amended by sec. 105 of the 
OPIC Amendments Act of 1988, S. 2757, enacted into law by reference in 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). First 
added by sec. 9 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 672), it formerly read as follows:
    ``In order to encourage greater availability of political risk 
insurance for eligible investors, the Corporation shall establish, not 
later than one year after the date of the enactment of the Overseas 
Private Investment Corporation Amendments Act of 1985, a pilot program 
of facultative reinsurance. The program shall provide reinsurance to 
insurance companies, financial institutions, other persons, or groups 
thereof, with respect to insurance issued by such companies, 
institutions, persons, or groups for new investments, and expansions of 
existing investments, by eligible investors, in excess of limits which 
the Corporation would otherwise normally apply for its exposure to such 
investments. Contracts of reinsurance issued under the program shall be 
on equitable terms. The program, and any project covered by reinsurance 
under the program, shall be consistent with the provisions of this 
title.
    ``(b) Persons Eligible for the Program.--An insurance company, 
financial institution, or other person shall be eligible to participate 
in the facultative reinsurance program established under subsection (a) 
if that company, institution, or other person is an eligible investor 
under this title. The Corporation shall take steps to encourage 
equitable participation in the program by all eligible persons.
    ``(c) Maximum Exposure.--The exposure of the Corporation under the 
facultative reinsurance program at any one time may not exceed 
$150,000,000 or, with respect to one country, $50,000,000.
    ``(d) Advisory Group.--
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          ``(1) Establishment and Membership.--The Corporation shall 
        establish a group to advise the Corporation on the development 
        and implementation of the program of facultative reinsurance 
        under this section. The group shall be composed of nine members 
        as follows:

                  ``(A) Three officers or employees of the Corporation 
                designated by the Board.
                  ``(B) Four persons appointed by the Board, of whom at 
                least one shall represent an insurance company, one a 
                reinsurance brokerage firm, and one an underwriter, a 
                financial institution, or other person or entity 
                eligible for the facultative reinsurance program under 
                this section. In selecting such persons, the Board 
                shall consider their previous active involvement in the 
                field of political risk insurance or reinsurance and 
                shall consult with any major organizations representing 
                insurance, reinsurance, and brokerage institutions as 
                to the suitability of the respective candidates to 
                represent their industry.
                  ``(C) Two persons appointed by the Board from among 
                persons who are eligible investors, other than persons 
                described in subparagraph (B).

          ``(2) Functions.--The advisory group shall advise the 
        Corporation on the development and implementation of the 
        facultative reinsurance program under this section, including 
        ways to ensure equitable participation in the program by all 
        eligible persons.
          ``(3) Meetings.--The advisory group shall meet not later than 
        one hundred and eighty days after the date of the enactment of 
        the Overseas Private Investment Corporation Amendments Act of 
        1985, and not less than once in every one hundred and eighty-
        day period thereafter.
          ``(4) Federal Advisory Committee Act.--The advisory group 
        shall not be subject to the Federal Advisory Committee Act (5 
        U.S.C. App.).
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    ``(e) Report to the Congress.--The Corporation shall, not later 
than eighteen months after the date of the enactment of the Overseas 
Private Investment Corporation Amendments Act of 1985, submit to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the 
implementation of the facultative reinsurance program established under 
subsection (a).''.
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    (a) Cooperative Programs.--In order to encourage greater 
availability of political risk insurance for eligible investors 
by enhancing the private political risk insurance industry in 
the United States, and to the extent consistent with this 
title, the Corporation shall under take programs of cooperation 
with such industry, and in connection with such programs may 
engage in the following activities:
          (1) Utilizing its statutory authorities, encourage 
        the development of associations, pools, or consortia of 
        United States private political risk insurers.
          (2) Share insurance risks (through coinsurance, 
        contingent insurance, or other means) in a manner that 
        is conducive to the growth and development of the 
        private political risk insurance industry in the United 
        States.
          (3) Notwithstanding section 237(e), upon the 
        expiration of insurance provided by the Corporation for 
        an investment, enter into risk-sharing agreements with 
        United States private political risk insurers to insure 
        any such investment; except that, in cooperating in the 
        offering of insurance under this paragraph, the 
        Corporation shall not assume responsibility for more 
        than 50 percent of the insurance being offered in each 
        separate transaction.
    (b) Advisory Group.--
          (1) Establishment and membership.--The Corporation 
        shall establish a group to advise the Corporation on 
        the development and implementation of the cooperative 
        programs under this section. The group shall be 
        appointed by the Board and shall be composed of up to 
        12 members, including the following:
                  (A) Up to seven persons from the private 
                political risk insurance industry, of whom no 
                fewer than two shall represent private 
                political risk insurers, one shall represent 
                private political risk reinsurers, and one 
                shall represent insurance or reinsurance 
                brokerage firms.
                  (B) Up to four persons, other than persons 
                described in subparagraph (A), who are 
                purchasers of political risk insurance.
          (2) Functions.--The Corporation shall call upon 
        members of the advisory group, either collectively or 
        individually, to advise it regarding the capability of 
        the private political risk insurance industry to meet 
        the political risk insurance needs of United States 
        investors, and regarding the development of cooperative 
        programs to enhance such capability.
          (3) Meetings.--The advisory group shall meet not 
        later than September 30, 1989, and at least annually 
        thereafter. The Corporation may from time to time 
        convene meetings of selected members of the advisory 
        group to address particular questions requiring their 
        specialized knowledge.
          (4) Federal advisory committee act.--The advisory 
        group shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    Sec. 235.\254\ Issuing Authority, Direct Investment 
Authority and Reserves.--
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    \254\ 22 U.S.C. 2195. Sec. 235 was added by sec. 105 of the FA Act 
of 1969, originally as ``Issuing Authority, Direct Investment Fund and 
Reserves''. Sec. 104(a)(1) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651) struck out ``Fund'' in section 
caption, and inserted in lieu thereof ``Authority''.
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    (a) \255\  Issuing Authority.--
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    \255\ Sec. 104(a)(2) of the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651) amended and restated subsec. (a), 
and par. (3) of that subsec. repealed subsec. (b), which formerly 
established the Direct Investment Fund.
    Sec. 581(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), amended and restated para. (1) of subsec. (a), struck out 
para. (2)(A), and redesignated para. (3) as para. (2). Paras. (1) and 
(2), as amended, formerly read as follows:
    ``(1) Insurance.--The maximum contingent liability outstanding at 
any one time pursuant to insurance issued under section 234(a) shall 
not exceed in the aggregate $13,500,000,000.
    ``(2) Financing.--(A) The maximum contingent liability outstanding 
at any one time pursuant to financing issued under subsections (b) and 
(c) of section 234 shall not exceed in the aggregate $9,500,000,000.''.
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          (1) Insurance and financing.--(A) The maximum 
        contingent liability outstanding at any one time 
        pursuant to insurance issued under section 234(a), and 
        the amount of financing issued under sections 234(b) 
        and (c), shall not exceed in the aggregate 
        $29,000,000,000.
          (B) Subject to spending authority provided in 
        appropriations Acts pursuant to section 504(b) of the 
        Federal Credit Reform Act of 1990, the Corporation is 
        authorized to transfer such sums as are necessary from 
        its noncredit activities to pay for the subsidy cost of 
        the investment guaranties and direct loan programs 
        under subsections (b) and (c) of section 234.
          (2) Termination of authority.--The authority of 
        subsections (a), (b), and (c) \256\ of section 234 
        shall continue until September 30, 2003.\257\
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    \256\ Sec. 581(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), struck out ``(a) and (b)'' and inserted in lieu thereof 
``(a), (b), and (c).
    \257\ Sec. 4(2) of Public Law 95-268 (92 Stat. 214) extended the 
authority from Dec. 31, 1977, to Sept. 30, 1981. This date was further 
extended to Sept. 30, 1985, by sec. 5(b)(1) of the OPIC Amendments Act 
of 1981 (Public Law 97-65; 95 Stat. 1023). Sec. 10 of the OPIC 
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1673), further 
extended the date from Sept. 30, 1985 to Sept. 30, 1988. Sec. 107 of 
the OPIC Amendments Act of 1988, H.R. 5263, enacted into law by 
reference in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) 
extended the date from Sept. 30, 1988 to Sept. 30, 1992. Sec. 104(a)(2) 
of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 
3651) amended and restated subsec. (a), extending the issuing authority 
from September 30, 1992 to September 30, 1994. The authority was 
extended again from Sept, 30, 1994 to Sept. 30, 1996 by sec. 103 of the 
Jobs Through Trade Expansion Act of 1994 (Public Law 103-392; 108 Stat. 
4098). Title I of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997 (enacted as sec. 101(c) of title I of 
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 
110 Stat. 3009) extended the date from September 30, 1996, to September 
30, 1997. Sec. 581(a)(3) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435) extended the date from September 30, 1997, to September 30, 
1999. Sec. 2 of the Export Enhancement Act of 1999 (Public Law 106-158; 
113 Stat. 1745) extended the date from September 30, 1999, to September 
30, 2003. Sec. 599E of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
struck out ``1999'' and inserted in lieu thereof ``November 1, 2000'', 
an amendment made unexecutable by the amendment executed pursuant to 
Public Law 106-158.
    Title I of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2000 (H.R. 3422, as introduced on November 
17, 1999, enacted by reference in sec. 1000(a)(2) of Public Law 106-
113; 113 Stat. 1535), provided the following:
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               ``overseas private investment corporation

                          ``noncredit account
---------------------------------------------------------------------------
    ``The Overseas Private Investment Corporation is authorized to 
make, without regard to fiscal year limitations, as provided by 31 
U.S.C. 9104, such expenditures and commitments within the limits of 
funds available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $35,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.
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                           ``program account
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    ``For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961 to be 
derived by transfer from the Overseas Private Investment Corporation 
noncredit account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2000 and 2001: 
Provided further, That such sums shall remain available through fiscal 
year 2008 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 2000, and through fiscal year 2009 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2001: Provided 
further, That in addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be derived 
from amounts available for administrative expenses to carry out the 
credit and insurance programs in the Overseas Private Investment 
Corporation Noncredit Account and merged with said account: Provided 
further, That funds made available under this heading or in prior 
appropriations Acts that are available for the cost of financing under 
section 234 of the Foreign Assistance Act of 1961, shall be available 
for purposes of section 234(g) of such Act, to remain available until 
expended.''.
    See also sec. 513 of that Act, relating to commerce and trade, sec. 
534, relating to compliance with U.N. sanctions against Iraq, and sec. 
598, relating to the OPIC Maritime Fund.
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    (b) \255\ * * * [Repealed--1992]
    (c) There shall be established in the Treasury of the 
United States an insurance and guaranty fund, which shall have 
separate accounts to be known as the Insurance Reserve and the 
Guaranty Reserve, which reserves shall be available for 
discharge of liabilities, as provided in subsection (d) of this 
section \258\ until such time as all such liabilities have been 
discharged or have expired or until all such reserves have been 
expended in accordance with the provisions of this section. 
Such fund shall be funded by: (1) the funds heretofore 
available to discharge liabilities under predecessor guaranty 
authority (including housing guaranty authorities), less both 
the amount made available for housing guaranty programs 
pursuant to section 223(b) and the amount made available to the 
Corporation pursuant to subsection (e) of this section \258\ 
and (2) such sums as shall be appropriated pursuant to 
subsection (f) of this section for such purposes. The 
allocation of such funds to each such reserve shall be 
determined by the Board after consultation with the Secretary 
of the Treasury. Additional amounts may thereafter be 
transferred to such reserves pursuant to section 236.
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    \258\ Sec. 17(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1676) replaced references to ``section 234(e)'' and 
``section 235(f)'' with references to ``subsection (e)'', or 
``subsection (j)'', ``of this section'', and references to ``section 
235(d)'' with ``subsection (d) of this section''.
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    (d) Any payment made to discharge liabilities under 
investment insurance or reinsurance issued under section 234 
\259\ under similar predecessor guaranty authority or under 
section 234A,\259\ shall be paid first out of the Insurance 
Reserve, as long as such reserve remains available, and 
thereafter out of funds made available pursuant to subsection 
(f) of this section. Any payments made to discharge liabilities 
under guaranties issued under section 234(b) or under similar 
predecessor guaranty authority shall be paid first out of the 
Guaranty Reserve as long as such reserve remains available, and 
thereafter out of funds made available pursuant to subsection 
(f) of this section.\258\
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    \259\ Sec. 2(3)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) substituted ``insurance or reinsurance issued under section 
234'' in lieu of ``insurance issued under section 234(a)''.
    The reference to sec. 234A was added by sec. 9(b) of the OPIC 
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1672).
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    (e) There is hereby authorized to be transferred to the 
Corporation at its call, for the purposes specified in section 
236, all fees and other revenues collected under predecessor 
guaranty authority from December 31, 1968, available as of the 
date of such transfer.
    (f) \260\ There are authorized to be appropriated to the 
Corporation, to remain available until expended, such amounts 
as may be necessary from time to time to replenish or increase 
the insurance and guaranty fund, to discharge the liabilities 
under insurance, reinsurance, or guaranties issued by the 
Corporation or issued under predecessor guaranty authority, or 
to discharge obligations of the Corporation purchased by the 
Secretary of the Treasury pursuant to this subsection. However, 
no appropriations shall be made to augment the Insurance 
Reserve until the amount of funds in the Insurance Reserve is 
less than $25,000,000. Any appropriations to augment the 
Insurance Reserve shall then only be made either pursuant to 
specific authorization enacted after the date of enactment of 
the Overseas Private Investment Corporation Amendments Act of 
1974, or to satisfy the full faith and credit provision of 
section 237(c). In order to discharge liabilities under 
investment insurance or reinsurance, the Corporation is 
authorized to issue from time to time for purchase by the 
Secretary of the Treasury its notes, debentures, bonds, or 
other obligations; but the aggregate amount of such obligations 
outstanding at any one time shall not exceed $100,000,000. Any 
such obligation shall be repaid to the Treasury within one year 
after the date of issue of such obligation. Any such obligation 
shall bear interest at a rate determined by the Secretary of 
the Treasury, taking into consideration the current average 
market yield on outstanding marketable obligations of the 
United States of comparable maturities during the month 
preceding the issuance of any obligation authorized by this 
subsection. The Secretary of the Treasury shall purchase any 
obligation of the Corporation issued under this subsection, and 
for such purchase he may use as a public debt transaction the 
proceeds of the sale of any securities issued under the Second 
Liberty Bond Act after the date of enactment of the Overseas 
Private Investment Corporation Amendments Act of 1974. The 
purpose for which securities may be issued under such Bond Act 
shall include any such purchase.
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    \260\ Subsec. (f) was amended by sec. 2(3)(C) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). It formerly read as 
follows: ``(f) There is hereby authorized to be appropriated to the 
Corporation, to remain available until expended, such amounts as may be 
necessary from time to time to replenish or increase the insurance and 
guaranty fund or to discharge the liabilities under insurance and 
guaranties issued by the Corporation or issued under predecessor 
guaranty authority.''.
    Sec. 104(b) of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3652) had added subsec. (g), which authorized the 
Corporation to draw form its noncredit account revolving fund 
$8,128,000 for fiscal year 1993 and $11,000,000 for fiscal year 1994 
for administrative expenses. Subsec. (g) was struck out by sec. 104 of 
Public Law 103-392 (108 Stat. 4098).
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    Sec. 236.\261\ Income and Revenues.--In order to carry out 
the purposes of the Corporation, all revenues and income 
transferred to or earned by the Corporation, from whatever 
source derived, shall be held by the Corporation and shall be 
available to carry out its purposes, including without 
limitation--
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    \261\ 22 U.S.C. 2196. Sec. 236 was added by sec. 105 of the FA Act 
of 1969.
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          (a) payment of all expenses of the Corporation, 
        including investment promotion expenses;
          (b) transfers and additions to the insurance or 
        guaranty reserves, the Direct Investment Fund 
        established pursuant to section 235, and such other 
        funds or reserves as the Corporation may establish, at 
        such time and in such amounts as the Board may 
        determine; and
          (c) payment of dividends, on capital stock, which 
        shall consist of and be paid from net earnings of the 
        Corporation after payments, transfers, and additions 
        under subsections (a) and (b) hereof.
    Sec. 237.\262\ General Provisions Relating to Insurance 
Guaranty, and Financing Program.--(a) Insurance guaranties, and 
reinsurance \263\ issued under this title shall cover 
investment made in connection with projects in any less 
developed friendly country or area with the government to which 
the President of the United States has agree$ to institute a 
program for insurance, guaranties, or reinsurance.\263\
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    \262\ 22 U.S.C. 2197. Sec. 237 was added by Sec. 105 of the FA Act 
of 1969.
    Sec. 110(c) of the OPIC Amendments Act of 1988, S. 2757, enacted 
into law by reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268) struck ``and Guaranty'' and inserted ''Guaranty, and 
Financing''.
    \263\ Sec. 2(4) of the OPIC Amendments Act of 1974 (Public Law 93-
390) added the reference to reinsurance.
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    (b) The Corporation shall determine that suitable 
arrangements exist for protecting the interest of the 
Corporation in connection with any insurance, guaranty or 
reinsurance \263\ issued under this title, including 
arrangements concerning ownership, use, and disposition of the 
currency, credits, assets, or investments on account of which 
payment under such insurance, guaranty, or reinsurance \263\ is 
to be made, and right, title, claim, or cause of action 
existing in connection therewith.
    (c) All guaranties issued prior to July 1, 1956, all 
guaranties issued under sections 202(b) and 413(b) of the 
Mutual Security Act of 1954, as amended, all guaranties 
heretofore issued pursuant to prior guaranty authorities 
repealed by the Foreign Assistance Act of 1969, and all 
insurance, reinsurance,\263\ and guaranties issued pursuant to 
this title shall constitute obligations, in accordance with the 
terms of such insurance, reinsurance,\263\ or guaranties, of 
the United States of America and the full faith and credit of 
the United States of America is hereby pledged for the full 
payment and performance of such obligations.
    (d) \264\ Fees.--
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    \264\ Sec. 105(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3652) amended and restated subsec. (d). 
Previously it had been amended and restated by sec. 2(4)(D) of the OPIC 
Amendments Act of 1974 (Public Law 93-390).
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          (1) In general.--Fees may be charged for providing 
        insurance, reinsurance, financing, and other services 
        under this title in amounts to be determined by the 
        Corporation. In the event fees charged for insurance, 
        reinsurance, financing, or other services are reduced, 
        fees to be paid under existing contracts for the same 
        type of insurance, reinsurance, financing, or services 
        and for similar guarantees issued under pred%cessor 
        guarantee authority may be reduced.
          (2) Credit transaction costs.--Project-specific 
        transaction costs incurred by the Corporation relating 
        to loan obligations or loan guarantee commitments 
        covered by the provisions of the Federal Credit Reform 
        Act of 1990, including the costs of project-related 
        travel and expenses for legal representation provided 
        by persons outside the Corporation and other similar 
        expenses which are charged to the borrower, shall be 
        paid out of the appropriate finance account established 
        pursuant to section 505(b) of such Act.
          (3) Noncredit transaction costs.--Fees paid for the 
        project-specific transaction costs and other direct 
        costs associated with services provided to specific 
        investors or potential investors pursuant to section 
        234 (other than those covered in paragraph (2)), 
        including financing, insurance, reinsurance, missions, 
        seminars, conferences, and other preinvestment 
        services, shall be available for obligation for the 
        purposes for which they were collected, notwithstanding 
        any other provision of law.
    (e) No insurance, guaranty, or reinsurance \263\ of any 
equity investment shall extend beyond twenty years from the 
date of issuance.
    (f) Compensation for insurance, reinsurance, or guaranties 
issued under this title 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.\265\ 
Notwithstanding the preceding sentence, the Corporation shall 
limit the amount of direct insurance and reinsurance issued by 
it under section 234 or 234A so that risk of loss as to at 
least 10 per centum of the total investment of the insured and 
its affiliates in the project is borne by the insured and such 
affiliates, except that limitation shall not apply to direct 
insurance or reinsurance of loans by banks or other financial 
institutions to unrelated parties and \266\ (3) \267\ 
compensation for loss due to business interruption may be 
computed on a basis to be determined by the Corporation which 
reflects amounts lost.
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    \265\ The first sentence of subsec. (f) was amended and restated by 
sec. 6(a) of the OPIC Amendments Act of 1981 (Public Law 97-65; 95 
Stat. 1023). Previous amendments to this sentence in subsec. (f) which 
are retained in the new text include the following: The word 
``reinsurance'' was added by sec. 2(4)(F) of Public Law 93-390; the 
basic language of clause (1) was added by sec. 5 of Public Law 95-268 
(92 Stat. 215).
    \266\ This sentence was added by sec. 2(4)(G) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). The phrase ``except that 
limitation shall not apply to direct insurance or reinsurance of loans 
by banks or other financial institutions to unrelated parties'' was 
added by sec. 5 of Public Law 95-268 (92 Stat. 215).
    A sentence, as added by sec. 2(4)(G) of Public Law 93-390 and which 
previously appeared at this point, was struck out by sec. 6(b) of the 
OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). It 
formerly read as follows: ``The preceding sentence shall not apply to 
the extent not permitted by State law.''.
    \267\ Subpara. (3) as added by sec. 6(b) of the OPIC Amendments Act 
of 1985 (Public Law 99-204).
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    (g) No payment may be made under any guaranty, insurance or 
reinsurance \263\ issued pursuant to this title for any loss 
arising out of fraud or misrepresentation for which the party 
seeking payment is responsible.
    (h) Insurance, guaranties, or reinsurance \268\ of a loan 
or equity investment of an eligible investor in a foreign bank, 
finance company, or other credit institution shall extend only 
to such loan or equity investment and not to any individual 
loan or equity investment made by such foreign bank, finance 
company, or other credit institution.
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    \268\ Sec. 2(4)(I) of the OPIC Amendments Act of 1974 (Public Law 
93-390) substituted the words ``, guaranties, or reinsurance'' in lieu 
of ``or guaranties''.
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    (i) Claims arising as a result of insurance, reinsurance 
\269\ or guaranty operations under this title or under 
predecessor guaranty authority may be settled, and disputes 
arising as a result thereof may be arbitrated with the consent 
of the parties, on such terms and conditions as the Corporation 
may determine. Payment made pursuant to any such settlement, or 
as a result of an arbitration award, shall be final and 
conclusive notwithstanding any other provision of law.
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    \269\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the word ``, reinsurance''.
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    (j) Each guaranty contract executed by such officer or 
officers as may be designated by the Board shall be 
conclusively presumed to be issued in compliance with the 
requirements of this Act.
    (k) \270\ In making a determination to issue insurance, 
guaranties, or reinsurance under this title, the Corporation 
shall consider the possible adverse effect of the dollar 
investment under such insurance, guaranty, or reinsurance upon 
the balance of payments of the United States.
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    \270\ Subsec. (k) was amended by sec. 2(4)(K) of the OPIC 
Amendments Act of 1974 (Public Law 93-390). It formerly read as 
follows: ``(k) In making a determination to issue insurance or a 
guaranty under this title, the Corporation shall consider the possible 
adverse effect of the dollar investment under such insurance or 
guaranty upon the balance of payments of the United States''.
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    (l) \271\ (1) No payment may be made under any insurance or 
reinsurance which is issued under this title on or after the 
date of enactment of this subsection \272\ for any loss 
occurring with respect to a project, if the preponderant cause 
of such loss was an act by the investor seeking payment under 
this title, by a person possessing majority ownership and 
control of the investor at the time of the act, or by any agent 
of such investor or controlling person, and a court of the 
United States has entered a final judgment that such act 
constituted a violation under the Foreign Corrupt Practices Act 
of 1977.
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    \271\ Subsec. (l) was added by sec. 6 of Public Law 95-268 (92 
Stat. 215).
    \272\ Subsec. (l) became effective April 24, 1978.
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    (2) Not later than 120 days after the date of enactment of 
this subsection,\270\ the Corporation shall adopt regulations 
setting forth appropriate conditions under which any person 
convicted under the Foreign Corrupt Practices Act of 1977 for 
an offense related to a project insured or otherwise supported 
by the Corporation shall be suspended, for a period of not more 
than five years, from eligibility to receive any insurance, 
reinsurance, guaranty, loan, or other financial support 
authorized by this title.
    (m) \273\ (1) Before finally providing insurance, 
reinsurance, guarantees, or financing under this title for any 
environmentally sensitive investment in connection with a 
project in a country, the Corporation shall notify appropriate 
government officials of that country of--
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    \273\ Subsec. (m) was added by sec. 4(b) of the OPIC Amendments Act 
of 1985 (Public Law 99-204).
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          (A) all guidelines and other standards adopted by the 
        International Bank for Reconstruction and Development 
        and any other international organization relating to 
        the public health or safety or the environment which 
        are applicable to the project; and
          (B) to the maximum extent practicable, any 
        restriction under any law of the United States relating 
        to public health or safety or the environment that 
        would apply to the project if the project were 
        undertaken in the United States.
The notification under the preceding sentence shall include a 
summary of the guidelines, standards, and restrictions referred 
to in subparagraphs (A) and (B), and may include any 
environmental impact statement, assessment, review, or study 
prepared with respect to the investment pursuant to section 
239(g).
    (2) Before finally providing insurance, reinsurance, 
guarantees, or financing for any investment subject to 
paragraph (1), the Corporation shall take into account any 
comments it receives on the project involved.
    (3) On or before September 30, 1986, the Corporation shall 
notify appropriate government officials of a country of the 
guidelines, standards, and legal restrictions described in 
paragraph (1) that apply to any project in that country--
          (A) which the Corporation identifies as potentially 
        posing major hazards to public health and safety or the 
        environment; and
          (B) for which the Corporation provided insurance, 
        reinsurance, guarantees, or financing under this title 
        before the date of enactment of this subsection and 
        which is in the Corporation's portfolio on that date.
    (n) \274\ Penalties for Fraud.--Whoever knowingly makes any 
false statement or report, or willfully overvalues any land, 
property, or security, for the purpose of influencing in any 
way the action of the Corporation with respect to any 
insurance, reinsurance, guarantee, loan, equity investment, or 
other activity of the Corporation under section 234 or any 
change or extension of any such insurance, reinsurance, 
guarantee, loan, equity investment, or activity, by renewal, 
deferment of action or otherwise, or the acceptance, release, 
or substitution of security therefor, shall be fined not more 
than $1,000,000 or imprisoned not more than 30 years, or both.
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    \274\ Sec. 105(b) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (n).
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    (o) \275\ Use of Local Currencies.--Direct loans or 
investments made in order to preserve the value of funds 
received in inconvertible foreign currency by the Corporation 
as a result of activities conducted pursuant to section 234(a) 
shall not be considered in determining whether the Corporation 
has made or has outstanding loans or investments to the extent 
of any limitation on obligations and equity investment imposed 
by or pursuant to this title. The provisions of section 504(b) 
of the Federal Credit Reform Act of 1990 shall not apply to 
direct loan obligations made with funds described in this 
subsection.
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    \275\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (o).
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    Sec. 238.\276\ Definitions.--As used in this title--
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    \276\ 22 U.S.C. 2198. Sec. 238 was added by sec. 105 of the FA Act 
of 1969.
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          (a) the term ``investment'' includes any contribution 
        or commitment \277\ of funds, commodities, services, 
        patents, processes, or techniques, in the form of (1) a 
        loan or loans to an approved project, (2) the purchase 
        of a share of ownership in any such project, (3) 
        participation in royalties, earnings, or profits of any 
        such project, and (4) the furnishing of commodities or 
        services pursuant to a lease or other contract;
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    \277\ The words ``or commitment'' were added by sec. 7 of the OPIC 
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1024).
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          (b) the term ``expropriation'' includes, but is not 
        limited to, any abrogation, repudiation, or impairment 
        by a foreign government of its own contract with an 
        investor with respect to a project, where such 
        abrogation, repudiation, or impairment is not caused by 
        the investor's own fault or misconduct, and materially 
        adversely affects the continued operation of the 
        project;
          (c) the term ``eligible investor'' means: (1) United 
        States citizens; (2) corporations, partnerships, or 
        other associations including nonprofit associations, 
        created under the laws of the United States any State 
        or territory thereof, or the District of Columbia,\278\ 
        and substantially beneficially owned by United States 
        citizens; and (3) foreign corporations, partnerships, 
        or other associations wholly owned by one or more such 
        United States citizens, corporations, partnerships, or 
        other associations: Provided however, That the 
        eligibility of such foreign corporation shall be 
        determined without regard to any shares, in aggregate 
        less than 5 per centum of the total issued and 
        subscribed share capital,\279\ held by other than the 
        United States owners: Provided further, That in the 
        case of any loan investment a final determination of 
        eligibility may be made at the time the insurance or 
        guaranty is issued; in all other cases, the investor 
        must be eligible at the time a claim arises as well as 
        the time the insurance or guaranty is issued; \280\
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    \278\ Reference to the District of Columbia was added by sec. 17(a) 
of the OPIC Amendments Act of 1985 (Public Law 99-204).
    \279\ The words ``required by Law to be'', which appeared at this 
point were struck out by sec. 104(a) of the FA Act of 1971.
    \280\ Sec. 106 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3653): (1) struck out ``and'' at the end of subsec. 
(c); (2) redesignated subsec. (d) as subsec. (f); and (3) added new 
subsecs. (d) and (e).
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          (d) \280\ the term ``noncredit account revolving 
        fund'' means the account in which funds under section 
        236 and all funds from noncredit activities are held; 
        and \281\
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    \281\ So in original.
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          (e) \280\ the term ``noncredit activities'' means all 
        activities of the Corporation other than its loan 
        guarantee program under section 234(b) and its direct 
        loan program under section 234(c); \281\
          (f) \280\ the term ``predecessor guaranty authority'' 
        means prior guaranty authorities (other than housing 
        guaranty authorities) repealed by the Foreign 
        Assistance Act of 1969, section 202(b) and 413(b) of 
        the Mutual Security Act of 1954, as amended, and 
        section 111(b)(3) of the Economic Cooperation Act of 
        1948, as amended (exclusive of authority relating to 
        informational media guaranties).
    Sec. 239.\282\ General Provisions and Powers.--(a) The 
Corporation shall have its principal office in the District of 
Columbia and shall be deemed, for purposes of venue in civil 
actions, to be resident thereof.
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    \282\ 22 U.S.C. 2199. Sec. 239 was added by sec. 105 of the FA Act 
of 1969.
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    (b) The President shall transfer to the Corporation, at 
such time as he may determine, all obligations, assets and 
related rights and responsibilities arising out of, or related 
to, predecessor programs and authorities similar to those 
provided for in section 234 (a), (b), and (d). Until such 
transfer, the agency heretofore responsible for such 
predecessor programs shall continue to administer such assets 
and obligations, and such programs and activities authorized 
under this title as may be determined by the 
President.\283\<SUP>,</SUP> \284\
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    \283\ A Presidential Determination of Dec. 30, 1969 (35 F.R. 43; 
January 3, 1970), provided for AID administration until transfer to the 
Overseas Private Investment Corporation.
    \284\ Sec. 7(1) of Public Law 95-268 (92 Stat. 215) struck out a 
paragraph previously appearing in subsec. (b) which had directed OPIC 
to cease operating the programs authorized by sec. 234 (b) through (e) 
and sec. 240 on Dec. 31, 1979.
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    (c) \285\ (1) The Corporation shall be subject to the 
applicable provisions of chapter 91 of title 31, United States 
Code, except as otherwise provided in this title.
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    \285\ Sec. 11 of the OPIC Amendments Act of 1985 (Public Law 99-
204), substituted the text of subsec. (c) in lieu of:
    ``The Corporation shall be subject to the applicable provisions of 
the Government Corporation Control Act, except as otherwise provided in 
this title.''.
    Sec. 209(e)(16) of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109 
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of 
that Act, as amended, provided that ``...each provision of law 
requiring the submittal to Congress (or any committee of the Congress) 
of any annual, semiannual, or other regular periodic report specified 
on the list...[prepared by the Clerk of the House of Representatives 
for the first session of the One Hundred Third Congress] shall cease to 
be effective, with respect to that requirement, May 15, 2000.''.
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    (2) An independent certified public accountant shall 
perform a financial and compliance audit of the financial 
statements of the Corporation at least once every three years, 
in accordance with generally accepted Government auditing 
standards for a financial and compliance audit, as issued by 
the Comptroller General. The independent certified public 
accountant shall report the results of such audit to the Board. 
The financial statements of the Corporation shall be presented 
in accordance with generally accepted accounting principles. 
These financial statements and the report of the accountant 
shall be included in a report which contains, to the extent 
applicable, the information identified in section 9106 of title 
31, United States Code, and which the Corporation shall submit 
to the Congress not later than six and one-half months after 
the end of the last fiscal year covered by the audit. The 
General Accounting Office may review the audit conducted by the 
accountant and the report to the Congress in the manner and at 
such times as the General Accounting Office considers 
necessary.
    (3) In lieu of the financial and compliance audit required 
by paragraph (2), the General Accounting Office shall, if the 
Office considers it necessary or upon the request of the 
Congress, audit the financial statements of the Corporation in 
the manner provided in paragraph (2). The Corporation shall 
reimburse the General Accounting Office for the full cost of 
any audit conducted under this paragraph.
    (4) All books, accounts, financial records, reports, files, 
workpapers, and property belonging to or in use by the 
Corporation and the accountant who conducts the audit under 
paragraph (2), which are necessary for purposes of this 
subsection, shall be made available to the representatives of 
the General Accounting Office.
    (d) To carry out the purposes of this title, the 
Corporation is authorized to adopt and use a corporate seal, 
which shall be judicially noticed; to sue and be sued in its 
corporate name; to adopt, amend, and repeal bylaws governing 
the conduct of its business and the performance of the powers 
and duties granted to or imposed upon it by law; to acquire, 
hold or dispose of, upon such terms and conditions as the 
Corporation may determine, any property, real, personal, or 
mixed, tangible or intangible, or any interest therein; to 
invest funds derived from fees and other revenues in 
obligations of the United States and to use the proceeds 
therefrom, including earnings and profits, as it shall deem 
appropriate; to indemnify directors, officers, employees and 
agents of the Corporation for liabilities and expenses incurred 
in connection with their Corporation activities; to require 
bonds of officers, employees, and agents and pay the premiums 
therefor; notwithstanding any other provision of law, to 
represent itself or to contract for representation in all legal 
and arbitral proceedings; to enter into limited-term contracts 
with nationals of the United States for personal services to 
carry out activities in the United States and abroad under 
subsections (d) and (e) of section 234; \286\ to purchase, 
discount, rediscount, sell, and negotiate, with or without its 
endorsement or guaranty, and guarantee notes, participation 
certificates, and other evidence of indebtedness (provided that 
the Corporation shall not issue its own securities, except 
participation certificates for the purpose of carrying out 
section 231(c) or participation certificates as evidence of 
indebtedness held by the Corporation in connection with 
settlement of claims under section 237(i)); \287\ to make and 
carry out such contracts and agreements as are necessary and 
advisable in the conduct of its business; to exercise the 
priority of the Government of the United States in collecting 
debts from bankrupt, insolvent, or decedents' estates; to 
determine the character of and the necessity for its 
obligations and expenditures, and the manner in which they 
shall be incurred, allowed, and paid, subject to provisions of 
law specifically applicable to Government corporations; to 
collect or compromise any obligations assigned to or held by 
the Corporation, including any legal or equitable rights 
accruing to the Corporation; \288\ and to take such actions as 
may be necessary or appropriate to carry out the powers herein 
or hereafter specifically conferred upon it.
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    \286\ Sec. 107 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) inserted ``to enter into limited-term 
contracts with nationals of the United States for personal services to 
carry out activities in the United States and abroad under subsections 
(d) and (e) of section 234;'' after ``legal and arbitral 
proceedings;''.
    \287\ The words to this point beginning with ``or participation 
certificates * * *'' were added by sec. 7(2) of Public Law 95-268 (92 
Stat. 215).
    \288\ This phrase beginning with ``to collect or compromise * * *'' 
was added by sec. 8(1) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1024).
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    (e) The Inspector General \289\ of the Agency for 
International Development (1) may conduct \290\ reviews, 
investigations, and inspections of all phases of the 
Corporation's operations and activities and (2) shall conduct 
all security activities of the Corporation relating to 
personnel and the control of classified material. With respect 
to his responsibilities under this subsection, the Inspector 
General \289\ shall report to the Board. The agency primarily 
responsible for administering part I shall be reimbursed by the 
Corporation for all expenses incurred by the Inspector General 
\289\ in connection with his responsibilities under this 
subsection.
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    \289\ Reference to the Inspector General was inserted in lieu of a 
reference to the Auditor-General by sec. 8(2)(A) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1024).
    \290\ The words ``may conduct'' were inserted in lieu of ``shall 
have the responsibility for planning and directing the execution of 
audits,'' by sec. 8(2)(B) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1024).
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    (f) \291\<SUP>,</SUP> \292\ Except for the provisions of 
this title, no other provision of this or any other law shall 
be construed to prohibit the operation in Yugoslavia, Poland, 
Hungary,\293\ or any other East European country,\294\ or the 
People's Republic of China, or Pakistan \295\ of the programs 
authorized by this title, if the President determines that the 
operation of such program in such country is important to the 
national interest.
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    \291\ Sec. 8(3) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) struck out subsecs. (f), (j), and (k) (subsecs. (j) 
and (k) added by sec. 7(3) of Public Law 95-268), and redesignated 
existing subsecs. (g), (h), (i), and (l) as subsecs. (f), (g), (h), and 
(i), respectively.
    Old subsec. (f) authorized the establishment of an Advisory Board 
in order to further the purposes of OPIC; old subsec. (j) blocked OPIC 
support for copper exploration or mining projects begun after Jan. 1, 
1981, and projects for the production of copper beginning after this 
date if the project would cause injury to the primary U.S. copper 
industry; and old subsec. (k) blocked OPIC support for any project to 
establish or expand production of processing of palm oil, sugar, or 
citrus crops for export.
    \292\ Subsec. (f) was originally added as subsec. (g) by sec. 
104(b) of the FA Act of 1971. Reference in the subsection to the 
People's Republic of China was added by Public Law 96-327 (94 Stat. 
1026). Reference to Romania was struck out by sec. 108 of the OPIC 
Amendments Act of 1988, S. 2757, enacted into law by reference in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268).
    \293\ Section 302(a) of the Support for East European Democracy 
(SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1311) inserted 
reference to Hungary and Poland at this point.
    \294\ Sec. 576(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2044), inserted ``or any other East European country''.
    \295\ Sec. 579(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2435), inserted ``, or Pakistan'' after ``China''. Sec. 579(b) of 
that Act, furthermore, provided the following:
    ``(b) Trade and Development.--It is the sense of Congress that the 
Director of the Trade and Development Agency should use funds made 
available to carry out the provisions of section 661 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2421) to promote United States 
exports to Pakistan.''.
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    (g) \291\<SUP>,</SUP> \296\ The requirements of section 
117(c) of this Act relating to environmental impact statements 
and environmental assessments shall apply to any investment 
which the Corporation insures, reinsures, guarantees, or 
finances under this title in connection with a project in a 
country.
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    \296\ Subsec. (g) was originally added as subsec. (h) by sec. 
2(5)(B) of the OPIC Amendments Act of 1974 (Public Law 93-390). Sec. 
4(c) of the OPIC Amendments Act of 1985 (Public Law 99-204), restated 
and amended subsec. (g) in its current form. It previously read as 
follows:
    ``Within six months after the date of enactment of this subsection, 
the Corporation shall develop and implement specific criteria intended 
to minimize the potential environmental implications of projects 
undertaken by investors abroad in accordance with any of the programs 
authorized by this title.''.
    The OPIC Amendments Act of 1988, S. 2757, enacted into law by 
reference in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) 
replaced ``118(c)'' with ``117(c)''.
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    (h) \291\<SUP>,</SUP> \297\ In order to carry out the 
policy set forth in paragraph (1) of the second undesignated 
paragraph of section 231 of this Act, the Corporation shall 
prepare and maintain for each investment project it insures, 
finances, or reinsures, a development impact profile consisting 
of data appropriate to measure the projected and actual effects 
of such project on development. Criteria for evaluating 
projects shall be developed in consultation with the Agency for 
International Development.\298\
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    \297\ Subsec. (h) was originally added as subsec. (i) by sec. 7(3) 
of Public Law 95-268 (92 Stat. 215).
    \298\ This consultative function was transferred to the Director of 
IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 
(establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be 
effective with enactment of the Foreign Affairs Reform and 
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of 
Public Law 105-277; 112 Stat. 2681).
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    (i) \291\<SUP>,</SUP> \299\ The Corporation shall take into 
account in the conduct of its programs in a country, in 
consultation with the Secretary of State, all available 
information about observance of and respect for human rights 
and fundamental freedoms in such country and the effect the 
operation of such programs will have on human rights and 
fundamental freedoms in such country. The provisions of section 
116 of this Act shall apply to any insurance, reinsurance, 
guaranty, or loan issued by the Corporation for projects in a 
country, except that in addition to the exception (with respect 
to benefiting needy people) set forth in subsection (a) of such 
section, the Corporation may support a project if the national 
security interest so requires.
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    \299\ Subsec. (i) was originally added as subsec. (l) by sec. 8 of 
Public Law 95-268 (92 Stat. 216).
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    (j) \300\ The Corporation, including its franchise, 
capital, reserves, surplus, advances, intangible property, and 
income, shall be exempt from all taxation at any time imposed 
by the United States, by any territory, dependency, or 
possession of the United States, or by any State, the District 
of Columbia, or any county, municipality, or local taxing 
authority.
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    \300\ Secs. 12 and 13 of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1674), added subsecs. (j) and (k), respectively.
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    (k) \300\ The Corporation shall publish, and make available 
to applicants for insurance, reinsurance, guarantees, 
financing, or other assistance made available by the 
Corporation under this title, the policy guidelines of the 
Corporation relating to its programs.
    Sec. 240.\301\ Small Business Development.--The Corporation 
shall undertake, in cooperation with appropriate departments, 
agencies, and instrumentalities of the United States as well as 
private entities and others, to broaden the participation of 
United States small business, cooperatives, and other small 
United States investors in the development of small private 
enterprise in less developed friendly countries or areas. The 
Corporation shall allocate up to 50 percent of its annual net 
income, after making suitable provision for transfers and 
additions to reserves, to assist and facilitate the development 
of projects consistent with the provisions of this section. 
Such funds may be expended, notwithstanding the requirements of 
section 231(a), on such terms and conditions as the Corporation 
may determine, through loans, grants, or other programs 
authorized by section 234 and section 234A.
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    \301\ 22 U.S.C. 2200. This new sec. 240 was added by sec. 9 of 
Public Law 95-268 (92 Stat. 216). Previously, sec. 240 had concerned 
agricultural credit and self-help community development projects but 
had been repealed by the FA Act of 1974.
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    Sec. 240A.\302\ Reports to the Congress.--After (a) the end 
of each fiscal year, the Corporation shall submit to the 
Congress a complete and detailed report of its operations 
during such fiscal year. Such report shall include--
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    \302\ 22 U.S.C. 2200a. Sec. 240A, as added by sec. 105 of the FA 
Act of 1969 and amended by sec. 2(7) of Public Law 93-390, was amended 
and restated by sec. 10 of Public Law 95-268 (92 Stat. 216).
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          (1) an assessment, based upon the development impact 
        profiles required by section 239(h), of the economic 
        and social development impact and benefits of the 
        projects with respect to which such profiles are 
        prepared, and of the extent to which the operations of 
        Corporation complement or are compatible with the 
        development assistance programs of the United States 
        and other donors; and
          (2) a description of any project for which the 
        Corporation--
                  (A) refused to provide any insurance, 
                reinsurance, guaranty, financing, or other 
                financial support, on account of violations of 
                human rights referred to in section 239(i); or
                  (B) notwithstanding such violations, provided 
                such insurance, reinsurance, guaranty, 
                financing, or financial support, on the basis 
                of a determination (i) that the project will 
                directly benefit the needy people in the 
                country in which the project is located, or 
                (ii) that the national security interest so 
                requires.
    (b) \303\ (1) Each annual report required by subsection (a) 
shall contain projections of the effects on employment in the 
United States of all projects for which, during the preceding 
fiscal year, the Corporation initially issued any insurance, 
reinsurance, or guaranty or made any direct loan. Each such 
report shall include projections of--
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    \303\ Subsec. (b), which required a one-time report to Congress on 
the development of private and multilateral programs for investment 
insurance and any reinsurance arrangements OPIC had made with private 
insurance companies, multilateral organizations and institutions, or 
other entities, was struck out by sec. 9(a)(2) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1024).
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          (A) the amount of United States exports to be 
        generated by those projects, both during the start-up 
        phase and over a period of years;
          (B) the final destination of the products to be 
        produced as a result of those projects; and
          (C) the impact such production will have on the 
        production of similar products in the United States 
        with regard to both domestic sales and exports.
    (2) \304\ The projections required by this subsection shall 
be based on an analysis of each of the projects described in 
paragraph (1).
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    \304\ Sec. 108 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) struck out the former par. (2), and inserted 
new paras. (2) and (3).
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  (3) \304\ In reporting the projections on employment required 
by this subsection, the Corporation shall specify, with respect 
to each project--
          (A) any loss of jobs in the United States caused by 
        the project, whether or not the project itself creates 
        other jobs;
          (B) any jobs created by the project; and
          (C) the country in which the project is located, and 
        the economic sector involved in the project.
No proprietary information may be disclosed under this 
paragraph.
    (c)(1) \305\ * * * [Repealed--1988]
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    \305\ Sec. 240A(c) was repealed by sec. 110(b)(1) of the OPIC 
Amendments Act of 1988, S. 2757, enacted into law by reference in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268). Subsec. 
(c) had required that OPIC submit to Congress not later than December 
31, 1987, a report analyzing the actual effects, as of September 30, 
1986, on employment in the United States of all projects with respect 
to which any insurance, reinsurance, or guaranty issued by the 
Corporation was in effect on September 30, 1986, or with respect to 
which repayments on direct loans by the Corporation were being made as 
of that date.
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    (d) The Corporation shall maintain as part of its records--
          (1) all information collected in preparing the report 
        required by subsection (c) (as in effect before the 
        enactment of the Overseas Private Investment 
        Corporation Amendments Act of 1988),\306\ whether the 
        information was collected by the Corporation itself or 
        by a contractor; and
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    \306\ Sec. 110(b)(2) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), added the parenthetical text following 
``(c)''.
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          (2) a copy of the analysis of each project analyzed 
        in preparing the reports required by either subsection 
        (b) or (c) (as in effect before the enactment of the 
        Overseas Private Investment Corporation Amendments Act 
        of 1988).\306\
    (e) \307\ Each annual report required by subsection (a) 
shall include an assessment of programs implemented by the 
Corporation under section 234A(a), including the following 
information, to the extent such information is available to the 
Corporation:
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    \307\ Sec. 105(b) of the OPIC Amendments Act of 1988, S. 2757, 
enacted into law by reference in the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1989 (Public Law 
100-461; 102 Stat. 2268), amended Sec. 240A by redesignating subsec. 
(e) as (f) and inserting a new subsec. (e).
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          (1) The nature and dollar value of political risk 
        insurance provided by private insurers in conjunction 
        with the Corporation, which the Corporation was not 
        permitted to provide under this title.
          (2) The nature and dollar value of political risk 
        insurance provided by private insurers in conjunction 
        with the Corporation, which the Corporation was 
        permitted to provide under this title.
          (3) The manner in which such private insurers and the 
        Corporation cooperated in recovery efforts and claims 
        management.
    (f) \307\ Subsections (b) and (e) do not require the 
inclusion in any report submitted pursuant to those subsections 
of any information which would not be required to be made 
available to the public pursuant to section 552 of title 5, 
United States Code (relating to freedom of information).

SEC. 240B.\308\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE 
                    CONTRACTS ON OPIC SUPPORTED EXPORTS.

  (a) Requirement for Certification.--
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    \308\ 22 U.S.C. 2200b. Sec. 109 of the Jobs Through Exports Act of 
1992 (Public Law 102-549; 106 Stat. 3654) added sec. 240B. Previously, 
sec. 240B addressed the return of appropriated funds by the Corporation 
to the general fund of the Treasury.
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