<DOC>
[108 Senate Committee Prints]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:87164.wais]



                  COMMITTEE ON INTERNATIONAL RELATIONS

                     COMMITTEE ON FOREIGN RELATIONS

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

 
        Legislation on
        Foreign Relations
        Through 2002

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                     

                               JULY 2003

                               VOLUME I-A

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate


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



                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 2003
87-164 CC                                                               
                                             

_______________________________________________________________________

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


                  COMMITTEE ON INTERNATIONAL RELATIONS

                   HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa                 TOM LANTOS, California
DOUG BEREUTER, Nebraska              HOWARD L. BERMAN, California
CHRISTOPHER H. SMITH, New Jersey,    GARY L. ACKERMAN, New York
  Vice Chairman                      ENI F.H. FALEOMAVAEGA, American 
DAN BURTON, Indiana                  Samoa
ELTON GALLEGLY, California           DONALD M. PAYNE, New Jersey
ILEANA ROS-LEHTINEN, Florida         ROBERT MENENDEZ, New Jersey
CASS BALLENGER, North Carolina       SHERROD BROWN, Ohio
DANA ROHRABACHER, California         BRAD SHERMAN, California
EDWARD R. ROYCE, California          ROBERT WEXLER, Florida
PETER T. KING, New York              ELIOT L. ENGEL, New York
STEVE CHABOT, Ohio                   WILLIAM D. DELAHUNT, Massachusetts
AMO HOUGHTON, New York               GREGORY W. MEEKS, New York
JOHN M. McHUGH, New York             BARBARA LEE, California
THOMAS G. TANCREDO, Colorado         JOSEPH CROWLEY, New York
RON PAUL, Texas                      JOSEPH M. HOEFFEL, Pennsylvania
NICK SMITH, Michigan                 EARL BLUMENAUER, Oregon
JOSEPH R. PITTS, Pennsylvania        SHELLEY BERKLEY, Nevada
JEFF FLAKE, Arizona                  GRACE F. NAPOLITANO, California
JO ANN DAVIS, Virginia               ADAM B. SCHIFF, California
MARK GREEN, Wisconsin                DIANE E. WATSON, California
JERRY WELLER, Illinois               ADAM SMITH, Washington
MIKE PENCE, Indiana                  BETTY McCOLLUM, Minnesota
THADDEUS G. McCOTTER, Michigan       CHRIS BELL, Texas
WILLIAM J. JANKLOW, South Dakota
KATHERINE HARRIS, Florida

         Thomas E. Mooney, Sr., Staff Director/General Counsel

               Robert R. King, Democratic Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                  RICHARD G. LUGAR, Indiana, Chairman

CHUCK HAGEL, Nebraska                JOSEPH R. BIDEN, Jr., Delaware
LINCOLN D. CHAFEE, Rhode Island      PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia               CHRISTOPHER J. DODD, Connecticut
SAM BROWNBACK, Kansas                JOHN F. KERRY, Massachusetts
MICHAEL B. ENZI, Wyoming             RUSSELL D. FEINGOLD, Wisconsin
GEORGE E. VOINOVICH, Ohio            BARBARA BOXER, California
LAMAR ALEXANDER, Tennessee           BILL NELSON, Florida
NORM COLEMAN, Minnesota              JOHN D. ROCKEFELLER IV, West 
JOHN E. SUNUNU, New Hampshire        Virginia
                                     JON S. CORZINE, New Jersey

                 Kenneth A. Myers, Jr., Staff Director

              Antony J. Blinken, Democratic Staff Director

                                  (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 Foreign Relations of the 
Senate and International Relations of the House of 
Representatives, 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, will not be 
revised every year, but only as necessary.
    We wish to express our appreciation to Dianne E. Rennack 
and C. Winston Woodland of the Foreign Affairs, Defense, and 
Trade Division of the Congressional Research Service of the 
Library of Congress who prepared volume I-A of this year's 
compilation.
                                           Henry J. Hyde,
                    Chairman, Committee on International Relations.
                                           Richard G. Lugar,
                          Chairman, Committee on Foreign Relations.

                                                     July 31, 2003.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2002.
    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 June 15, 2003.
    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.


                                  (vi)




                            C O N T E N T S

                               __________
                                                                   Page

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

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

ABBREVIATIONS....................................................    vi

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

 1. Foreign Assistance and Arms Export Acts......................    15
 2. Foreign Assistance Appropriations............................   809

APPENDICES.......................................................  1015

INDEX............................................................  1059

                                 (vii)


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




                         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.....................................    19
                Section 101--General Policy......................    19
                Section 102--Development Assistance Policy.......    20
                Section 103--Agriculture, Rural Development, and 
                    Nutrition....................................    32
                Section 103A--Agricultural Research..............    34
                Section 104--Population and Health...............    35
                Section 104A--Assistance to Combat HIV/AIDS......    42
                Section 104B--Assistance to Combat Tuberculosis..    47
                Section 104C--Assistance to Combat Malaria.......    49
                Section 105--Education and Human Resources 
                    Development..................................    49
                Section 106--Energy, Private Voluntary 
                    Organizations, and Selected Development 
                    Activities...................................    50
                Section 107--Appropriate Technology..............    53
                Section 108--Microenterprise Development Credits.    54
                Section 109--Transfer of Funds...................    56
                Section 110--Cost-Sharing and Funding Limits.....    56
                Section 111--Development and Use of Cooperatives.    57
                Section 113--Integrating Women Into National 
                    Economies....................................    58
                Section 116--Human Rights........................    59
                Section 117--Environment and Natural Resources...    65
                Section 118--Tropical Forests....................    66
                Section 119--Endangered Species..................    69
                Section 120--Sahel Development Program--Planning.    71
                Section 122--General Authorities.................    72
                Section 123--Private and Voluntary Organizations 
                    and Cooperatives in Overseas Development.....    73
                Section 124--Relatively Least Developed Countries    76
                Section 125--Project and Program Evaluation......    77
                Section 126--Development and Illicit Narcotics 
                    Production...................................    77
                Section 127--Accelerated Loan Repayments.........    78
                Section 128--Targeted Assistance.................    78
                Section 129--Program to Provide Technical 
                    Assistance to Foreign Governments and Foreign 
                    Central Banks of Developing or Transitional 
                    Countries....................................    79
                Section 130--Assistance for Victims of Torture...    84
                Section 131--Microenterprise Development Grant 
                    Assistance...................................    85
                Section 132--United States Microfinance Loan 
                    Facility.....................................    89
                Section 133--Programs to Encourage Good 
                    Governance...................................    91
                Section 134--Assistance to Foreign Countries to 
                    Meet Minimum Standards for the Elimination of 
                    Trafficking..................................    93
            Chapter 2--Other Programs............................    94
            Title I--Multilateral and Regional Development 
              Programs...........................................    94
                Section 206--Regional Development in Africa......    94
                Section 209--Multilateral and Regional Programs..    94
            Title II--American Schools and Hospitals Abroad; 
              Prototype Desalting Plant..........................    96
                Section 214--American Schools and Hospitals 
                    Abroad.......................................    96
                Section 219--Prototype Desalting Plant...........    97
            Title III--Housing and Other Credit Guaranty Programs    98
                Section 221--Housing Guaranties..................    98
                Section 222--Authorization.......................    98
                Section 222A--Agricultural and Productive Credit 
                    and Self-Help Community Development Programs.   100
                Section 223--General Provisions..................   102
                Section 224--Trade Credit Insurance Program for 
                    Central America..............................   105
                Section 225--Trade Credit Insurance Program for 
                    Poland.......................................   106
                Section 226--Loan Guarantees to Israel Program...   108
            Title IV--Overseas Private Investment Corporation....   112
                Section 231--Creation, Purpose and Policy........   112
                Section 231A--Additional Requirements............   115
                Section 232--Capital of the Corporation..........   116
                Section 233--Organization and Management.........   117
                Section 234--Investment Insurance and Other 
                    Programs.....................................   119
                Section 234A--Enhancing Private Political Risk 
                    Insurance Industry...........................   125
                Section 235--Issuing Authority, Direct Investment 
                    Authority and Reserves.......................   127
                Section 236--Income and Revenues.................   130
                Section 237--General Provisions Relating to 
                    Insurance Guaranty, and Financing Program....   130
                Section 238--Definitions.........................   134
                Section 239--General Provisions and Powers.......   135
                Section 240--Small Business Development..........   138
                Section 240A--Reports to the Congress............   139
                Section 240B--Prohibition on Noncompetitive 
                    Awarding of Insurance Contracts on OPIC 
                    Supported Exports............................   141
            Title V--Disadvantaged Children in Asia..............   142
                Section 241--Assistance to Certain Disadvantaged 
                    Children in Asia.............................   142
            Title IX--Utilization of Democratic Institutions in 
              Development........................................   142
                Section 281--Utilization of Democratic 
                    Institutions in Development..................   142
            Title XII--Famine Prevention and Freedom From Hunger.   143
                Section 296--General Provisions..................   143
                Section 297--General Authority...................   148
                Section 298--Board for International Food and 
                    Agricultural Development.....................   151
                Section 299--Authorization.......................   153
                Section 300--Annual Report.......................   154
            Chapter 3--International Organizations and Programs..   154
                Section 301--General Authority...................   154
                Section 302--Authorization.......................   157
                Section 303--Indus Basin Development.............   160
                Section 305--Integration of Women................   161
                Section 306--Reports on International 
                    Organizations................................   161
                Section 307--Withholding of United States 
                    Proportionate Share for Certain Programs of 
                    International Organizations..................   162
            Chapter 5--Contingencies.............................   165
                Section 451--Contingencies.......................   165
            Chapter 6--Central America Democracy, Peace, and 
              Development Initiative.............................   166
                Section 461--Statement of Policy.................   166
                Section 462--Conditions on Furnishing Assistance.   167
                Section 463--Peace Process in Central America....   167
                Section 464--Economic Assistance Coordination....   167
                Section 465--Authorization for Fiscal Years 1988 
                    and 1989.....................................   169
                Section 466--Definitions.........................   169
            Chapter 7--Debt-For-Nature Exchanges.................   169
                Section 461--Definition..........................   169
                Section 462--Assistance for Commercial Debt 
                    Exchanges....................................   170
                Section 463--Eligible Projects...................   170
                Section 464--Eligible Countries..................   171
                Section 465--Terms and Conditions................   171
                Section 466--Pilot Program for Sub-Saharan Africa   172
            Chapter 8--International Narcotics Control...........   172
                Section 481--Policy, General Authorities, 
                    Coordination, Foreign Police Actions, 
                    Definitions, and Other Provisions............   172
                Section 482--Authorization.......................   178
                Section 483--Prohibition on Use of Foreign 
                    Assistance for Reimbursements for Drug Crop 
                    Eradications.................................   181
                Section 484--Requirements Relating to Aircraft 
                    and Other Equipment..........................   182
                Section 485--Records of Aircraft Use.............   183
                Section 486--Reallocation of Funds Withheld from 
                    Countries Which Fail to Take Adequate Steps 
                    to Halt Illicit Drug Production or 
                    Trafficking..................................   183
                Section 487--Prohibition on Assistance to Drug 
                    Traffickers..................................   184
                Section 488--Limitations on Acquisition of Real 
                    Property and Construction of Facilities......   184
                Section 489--Reporting Requirements..............   185
                Section 490--Annual Certification Procedures.....   189
            Chapter 9--International Disaster Assistance.........   194
                Section 491--Policy and General Authority........   194
                Section 492--Authorization.......................   195
                Section 493--Disaster Assistance--Coordination...   196
                Section 494--Disaster Relief Assistance..........   196
                Section 495--Cyprus Relief and Rehabilitation....   197
                Section 495B--Italy Relief and Rehabilitation....   197
                Section 495C--Lebanon Relief and Rehabilitation..   198
                Section 495D--Romanian Relief and Rehabilitation.   198
                Section 495E--Turkey Relief, Rehabilitation, and 
                    Reconstruction...............................   199
                Section 495F--African Rehabilitation and 
                    Resettlement.................................   199
                Section 495G--Special Caribbean Hurricane Relief 
                    Assistance...................................   200
                Section 495H--Cambodian Disaster Relief 
                    Assistance...................................   200
                Section 495I--Assistance for Displaced Persons in 
                    Central America..............................   201
                Section 495J--Lebanon Emergency Relief, 
                    Rehabilitation, and Reconstruction Assistance   202
                Section 495K--African Famine Assistance..........   202
            Chapter 10--Development Fund for Africa..............   203
                Section 496--Long-Term Development Assistance for 
                    Sub-Saharan Africa...........................   203
                Section 497--Authorizations of Appropriations for 
                    the Development Fund for Africa..............   209
            Chapter 11--Support for the Economic and Democratic 
              Development of the Independent States of the Former 
              Soviet Union.......................................   211
                Section 498--Assistance for the Independent 
                    States.......................................   211
                Section 498A--Criteria for Assistance to 
                    Governments of the Independent States........   214
                Section 498B--Authorities Relating to Assistance 
                    and Other Provisions.........................   218
                Section 498C--Authorization of Appropriations....   221
            Chapter 12--Support for the Economic and Political 
              Independence of the Countries of the South Caucasus 
              and Central Asia...................................   224
                Section 499--United States Assistance to Promote 
                    Reconciliation and Recovery from Regional 
                    Conflicts....................................   224
                Section 499A--Economic Assistance................   224
                Section 499B--Development of Infrastructure......   225
                Section 499C--Border Control Assistance..........   225
                Section 499D--Strengthening Democracy, Tolerance, 
                    and the Development of Civil Society.........   226
                Section 499E--Administrative Authorities.........   226
                Section 499F--Definitions........................   227
        Part II
            Chapter 1--Policy....................................   227
                Section 501--Statement of Policy.................   227
                Section 502--Utilization of Defense Articles and 
                    Services.....................................   228
                Section 502B--Human Rights.......................   229
            Chapter 2--Military Assistance.......................   236
                Section 503--General Authority...................   236
                Section 504--Authorization.......................   238
                Section 505--Conditions of Eligibility...........   238
                Section 506--Special Authority...................   242
                Section 511--Considerations in Furnishing 
                    Military Assistance..........................   246
                Section 514--Stockpiling of Defense Articles for 
                    Foreign Countries............................   247
                Section 515--Overseas Management of Assistance 
                    and Sales Programs...........................   250
                Section 516--Authority to Transfer Excess Defense 
                    Articles.....................................   251
                Section 517--Designation of Major Non-NATO Allies   255
            Chapter 3--Foreign Military Sales....................   256
                Section 524--Reimbursements......................   256
            Chapter 4--Economic Support Fund.....................   257
                Section 531--Authority...........................   258
                Section 532--Authorizations of Appropriations....   259
                Section 533--Emergency Assistance................   264
                Section 534--Administration of Justice...........   264
            Chapter 5--International Military Education and 
              Training...........................................   266
                Section 541--General Authority...................   266
                Section 542--Authorization.......................   266
                Section 543--Purposes............................   267
                Section 544--Exchange Training...................   267
                Section 545--Training in Maritime Skills.........   268
                Section 546--Prohibition on Grant Assistance for 
                    Certain High Income Foreign Countries........   268
                Section 547--Consultation Requirement............   269
                Section 548--Records Regarding Foreign 
                    Participants.................................   269
                Section 549--Human Rights Report.................   270
            Chapter 6--Peacekeeping Operations...................   270
                Section 551--General Authority...................   270
                Section 552--Authorization of Appropriations.....   270
                Section 553--Administrative Authorities..........   272
                Section 554--Data on Costs Incurred in Support of 
                    United Nations Peacekeeping Operations.......   272
            Chapter 7--Air Base Construction in Israel...........   272
                Section 561--General Authority...................   272
                Section 562--Authorization and Utilization of 
                    Funds........................................   273
                Section 563--Waiver Authorities..................   273
            Chapter 8--Antiterrorism Assistance..................   273
                Section 571--General Authority...................   273
                Section 572--Purposes............................   274
                Section 573--Limitations.........................   274
                Section 574--Authorizations of Appropriations....   275
                Section 575--Administrative Authorities..........   276
            Chapter 9--Nonproliferation and Export Control 
              Assistance.........................................   277
                Section 581--Purposes............................   277
                Section 582--Authorization of Assistance.........   277
                Section 583--Transit Interdiction................   277
                Section 584--International Nonproliferation 
                    Export Control Training......................   278
                Section 585--Limitations.........................   278
                Section 586--Authorization of Appropriations.....   279
        Part III
            Chapter 1--General Provisions........................   279
                Section 601--Encouragement of Free Enterprise and 
                    Private Participation........................   279
                Section 602--Small Business......................   282
                Section 603--Shipping on United States Vessels...   283
                Section 604--Procurement.........................   283
                Section 605--Retention and Use of Certain Items 
                    and Funds....................................   285
                Section 606--Patents and Technical Information...   286
                Section 607--Furnishing of Services and 
                    Commodities..................................   286
                Section 608--Advance Acquisition of Property.....   288
                Section 610--Transfer Between Accounts...........   290
                Section 611--Completion of Plans and Cost 
                    Estimates....................................   291
                Section 612--Use of Foreign Currencies...........   292
                Section 613--Accounting, Valuation, Reporting, 
                    and Administration of Foreign Currencies.....   294
                Section 614--Special Authorities.................   294
                Section 615--Contract Authority..................   296
                Section 616--Availability of Funds...............   296
                Section 617--Termination of Assistance...........   296
                Section 620--Prohibitions Against Furnishing 
                    Assistance...................................   298
                Section 620A--Prohibition on Assistance to 
                    Governments Supporting International 
                    Terrorism....................................   308
                Section 620C--United States Policy Regarding the 
                    Eastern Mediterranean........................   311
                Section 620D--Prohibition on Assistance to 
                    Afghanistan..................................   313
                Section 620E--Assistance to Pakistan.............   314
                Section 620F--Nuclear Non-Proliferation Policy in 
                    South Asia...................................   318
                Section 620G--Prohibition on Assistance to 
                    Countries That Aid Terrorist States..........   319
                Section 620G--Depleted Uranium Ammunition........   319
                Section 620H--Prohibition on Assistance to 
                    Countries That Provide Military Equipment to 
                    Terrorist States.............................   320
                Section 620I--Prohibition on Assistance to 
                    Countries That Restrict United States 
                    Humanitarian Assistance......................   320
            Chapter 2--Administrative Provisions.................   322
                Section 621--Exercise of Functions...............   322
                Section 621A--Strengthened Management Practices..   323
                Section 622--Coordination With Foreign Policy....   323
                Section 623--The Secretary of Defense............   324
                Section 624--Statutory Officers..................   324
                Section 625--Employment of Personnel.............   325
                Section 626--Experts, Consultants, and Retired 
                    Officers.....................................   327
                Section 627--Detail of Personnel to Foreign 
                    Governments..................................   328
                Section 628--Detail of Personnel to International 
                    Organizations................................   328
                Section 629--Status of Personnel Detailed........   329
                Section 630--Terms of Detail or Assignment.......   329
                Section 631--Missions and Staffs Abroad..........   330
                Section 632--Allocation and Reimbursement Among 
                    Agencies.....................................   331
                Section 633--Waivers of Certain Laws.............   333
                Section 633A--Furnishing Information.............   333
                Section 634--Annual Report.......................   334
                Section 634A--Notification of Program Changes....   336
                Section 634B--Classification of Reports..........   337
                Section 635--General Authorities.................   337
                Section 636--Provisions on Uses of Funds.........   341
                Section 637--Administrative Expenses.............   345
                Section 638--Exclusions..........................   345
                Section 640A--False Claims and Ineligible 
                    Commodities..................................   346
                Section 640B--Coordination.......................   347
                Section 640C--Shipping Differential..............   349
            Chapter 3--Miscellaneous Provisions..................   349
                Section 641--Effective Date and Identification of 
                    Programs.....................................   349
                Section 642--Statutes Repealed...................   349
                Section 643--Saving Provisions...................   350
                Section 644--Definitions.........................   350
                Section 645--Unexpended Balances.................   353
                Section 646--Construction........................   353
                Section 647--Dependable Fuel Supply..............   353
                Section 648--Special Authorization for Use of 
                    Foreign Currencies...........................   353
                Section 650--Use of United States Armed Forces...   354
                Section 652--Limitation Upon Exercise of Special 
                    Authorities..................................   354
                Section 653--Change in Allocation of Foreign 
                    Assistance...................................   354
                Section 654--Presidential Findings and 
                    Determinations...............................   355
                Section 655--Annual Military Assistance Report...   356
                Section 656--Annual Foreign Military Training 
                    Report.......................................   357
                Section 660--Prohibiting Police Training.........   358
                Section 661--Trade and Development Agency........   361
                Section 663--Exchanges of Certain Materials......   364
                Section 666--Discrimination Against United States 
                    Personnel....................................   365
                Section 667--Operating Expenses..................   365
        Part IV
            Enterprise for the Americas Initiative...............   367
                Section 701--Purpose.............................   367
                Section 702--Definitions.........................   367
                Section 703--Eligibilty for Benefits.............   368
                Section 704--Reduction of Certain Debt...........   369
                Section 705--Repayment of Principal..............   370
                Section 706--Interest on New Obligations.........   370
                Section 707--Enterprise for the Americas Funds...   370
                Section 708--Americas Framework Agreements.......   371
                Section 709--Enterprise for the Americas Board...   372
                Section 710--Annual Reports to the Congress......   373
        Part V
            Debt Reduction for Developing Countries with Tropical 
              Forests............................................   373
                Section 801--Short Title.........................   373
                Section 802--Findings and Purposes...............   374
                Section 803--Definitions.........................   375
                Section 804--Establishment of the Facility.......   376
                Section 805--Eligiblity for Benefits.............   376
                Section 806--Reduction of Debt Owed to the United 
                    States As a Result of Concessional Loans 
                    Under the Foreign Assistance Act of 1961.....   377
                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...................   378
                Section 808--Authority to Engage in Debt-for-
                    Nature Swaps and Debt Buybacks...............   379
                Section 809--Tropical Forest Agreement...........   380
                Section 810--Tropical Forest Fund................   382
                Section 811--Board...............................   382
                Section 812--Consultations with the Congress.....   383
                Section 813--Annual Reports to the Congress......   383
    b. Arms Export Control Act (Public Law 90-629)...............   385
    c. Microenterprise Report to Congress (Public Law 108-31) 
      (partial text).............................................   503
    d. United States Leadership Against HIV/AIDS, Tuberculosis, 
      and Malaria Act of 2003 (Public Law 108-25)................   504
    e. Afghanistan Freedom Support Act of 2002 (Public Law 107-
      327).......................................................   536
    f. Russian Democracy Act of 2002 (Public Law 107-246)........   553
    g. Sudan Peace Act (Public Law 107-245)......................   558
    h. Security Assistance Act of 2002 (Public Law 107-228) 
      (partial text).............................................   565
    i. Gerald B.H. Solomon Freedom Consolidation Act of 2002 
      (Public Law 107-187).......................................   596
    j. Trafficking Victims Protection Act of 2000 (Public Law 
      106-386) (partial text)....................................   600
    k. Jobs Through Trade Export Act of 1994 (Public Law 103-392) 
      (partial text).............................................   624
    l. Jobs Through Export Act of 1992 (Public Law 102-549)......   626
    m. Overseas Private Investment Corporation Amendments Act of 
      1988 (Public Law 100-461) (partial text)...................   635
    n. Special Foreign Assistance Act of 1986 (Public Law 99-529) 
      (partial text).............................................   637
    o. International Security and Development Cooperation Act of 
      1985 (Public Law 99-83) (partial text).....................   643
            Section 1--Short Title and Table of Contents.........   643
        Title I--Military Assistance and Sales and Related 
          Programs...............................................   643
            Section 101--Foreign Military Sales Credits..........   643
            Section 106--Guaranty Reserve Fund...................   645
            Section 129--Conventional Arms Transfers.............   645
            Section 130--Foreign Military Sales for Jordan.......   646
            Section 131--Certification Concerning AWACS Sold to 
              Saudi Arabia.......................................   647
            Section 132--Cooperative Agreements on Air Defense in 
              Central Europe.....................................   648
        Title II--Economic Support Fund..........................   650
            Section 202--Assistance for the Middle East..........   650
            Section 203--Assistance for Cyprus...................   651
            Section 204--Assistance for Portugal.................   652
            Section 205--Acquisition of Agricultural Commodities 
              Under Commodity Import Programs....................   652
            Section 206--Tied Aid Credit Program.................   652
            Section 207--Restriction on Use of Funds for Nuclear 
              Facilities.........................................   653
            Section 208--Fiscal Year 1985 Supplemental 
              Authorization......................................   653
        Title III--Development Assistance........................   653
            Section 305--Promotion of Immunization and Oral 
              Rehydration........................................   653
            Section 311--Use of Private and Voluntary 
              Organizations, Cooperatives, and the Private Sector   653
            Section 315--Minority Set-Aside......................   654
        Title IV--Other Foreign Assistance Programs..............   654
            Section 402--Voluntary Contributions to International 
              Organizations and Programs.........................   654
        Title V--International Terrorism and Foreign Airport 
          Security...............................................   654
                Part A--International Terrorism Generally
            Section 502--Coordination of All United States 
              Terrorism-Related Assistance to Foreign Countries..   655
            Section 504--Prohibition on Imports From and Exports 
              to Libya...........................................   655
            Section 505--Ban on Importing Goods and Services from 
              Countries Supporting Terrorism.....................   656
            Section 506--International Anti-Terrorism Committee..   656
            Section 507--International Terrorism Control Treaty..   656
            Section 508--State Terrorism.........................   657
                Part B--Foreign Airport Security
            Section 551--Security Standards for Foreign Air 
              Transportation.....................................   657
            Section 554--Enforcement of International Civil 
              Aviation Organization Standards....................   657
            Section 555--International Civil Aviation Boycott of 
              Countries Supporting International Terrorism.......   657
            Section 557--Research on Airport Security Techniques 
              for Detecting Explosives...........................   658
            Section 558--Hijacking of TWA Flight 847 and Other 
              Acts of Terrorism..................................   658
            Section 559--Effective Date..........................   658
        Title VI--International Narcotics Control................   658
            Section 607--Procurement of Weapons to Defend 
              Aircraft Involved in Narcotics Control Efforts.....   658
            Section 610--Assistance for Jamaica..................   659
            Section 611--Assistance for Bolivia..................   659
            Section 612--Assistance to Peru......................   660
            Section 613--Reallocation of Funds if Conditions Not 
              Met................................................   661
            Section 615--Latin American Regional Narcotics 
              Control Organization...............................   661
            Section 616--Greater Effort by United States Armed 
              Forces to Support Narcotics Control Efforts Abroad.   661
            Section 617--Cuban Drug Trafficking..................   661
            Section 619--Drug Trafficking and the Problem of 
              Total Confidentiality of Certain Foreign Bank 
              Accounts...........................................   663
        Title VII--Western Hemisphere............................   663
            Section 702--El Salvador.............................   663
            Section 703--Assistance for Guatemala................   666
            Section 704--Refugees in Honduras....................   668
            Section 705--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   668
            Section 706--Military Assistance for Paraguay........   669
            Section 707--Assistance for Peru.....................   670
            Section 709--Comprehensive Reports on Assistance for 
              Latin America and the Caribbean....................   670
            Section 710--Use of Private and Voluntary 
              Organizations......................................   671
            Section 713--Use of Employee Stock Ownership Plans in 
              Development Efforts................................   671
            Section 714--International Advisory Commission for 
              the Caribbean Region...............................   672
            Section 716--Rural Electrification...................   673
            Section 717--Facilitating International Commerce 
              Through Mexico.....................................   673
            Section 718--Condemning Human Rights Violations and 
              the Subversion of Other Governments by the 
              Government of Cuba.................................   674
            Section 719--Reports on Foreign Debt in Latin America   674
            Section 720--Economic Assistance for Uruguay.........   675
            Section 721--Canadian Exports to the United States...   675
            Section 722--Nicaragua...............................   676
        Title VIII--Africa.......................................   685
            Section 801--Balance-of-Payments Support for 
              Countries in Africa................................   685
            Section 802--Economic Support Assistance for Southern 
              Africa.............................................   686
            Section 803--Policy Toward South African 
              ``Homelands''......................................   687
            Section 804--Assistance for Zaire....................   688
            Section 805--Assistance for Tunisia..................   688
            Section 806--Political Settlement in Sudan...........   689
            Section 807--Elections in Liberia....................   689
            Section 808--Western Sahara..........................   689
            Section 813--Assistance for the People's Republic of 
              Mozambique.........................................   690
        Title IX--Asia...........................................   691
            Section 901--The Philippines.........................   691
            Section 903--Disadvantaged Children in Asia..........   692
            Section 904--Assistance for Afghanistan..............   693
            Section 905--Assistance for the Cambodian People.....   693
            Section 906--Prohibition on Certain Assistance for 
              the Khmer Rouge....................................   693
            Section 907--Political Settlement in Sri Lanka.......   693
            Section 908--United States Policy Toward the Republic 
              of Korea...........................................   694
        Title X--Food and Agricultural Assistance................   695
            Section 1008--Long-Term Agricultural Commodity 
              Agreements with Food Deficit Countries.............   695
        Title XI--Peace Corps....................................   695
            Section 1103--Limitation on Length of Peace Corps 
              Employment.........................................   695
            Section 1104--Peace Corps National Advisory Council..   695
        Title XII--Miscellaneous Provisions Relating to Foreign 
          Assistance.............................................   695
            Section 1205--Reports on Economic Conditions in 
              Certain Countries..................................   695
            Section 1206--Egyptian-Israeli Relations.............   696
            Section 1210--Report on United States Assistance to 
              Coal Exporting Nations.............................   696
        Title XIII--Miscellaneous Provisions.....................   696
            Section 1301--Effective Date.........................   696
            Section 1302--Codification of Policy Prohibiting 
              Negotiations with the Palestine Liberation 
              Organization.......................................   696
            Section 1303--Commission for the Preservation of 
              America's Heritage Abroad..........................   697
            Section 1304--Federal Coal Export Commission.........   699
    p. International Security and Development Assistance 
      Authorization Act of 1983 (Public Law 98-151) (partial 
      text)......................................................   701
    q. International Security and Development Cooperation Act of 
      1981 (Public Law 97-113) (partial text)....................   705
            Section 1--Short Title...............................   705
        Title I--Military Sales and Related Programs.............   705
            Section 108--Special Defense Acquisition Fund........   705
        Title II--Economic Support Fund..........................   706
            Section 203--Acquisition of Agricultural Commodities 
              and Related Products Under Commodity Import 
              Programs...........................................   706
        Title III--Development Assistance........................   706
            Section 301--Agriculture, Rural Development, and 
              Nutrition..........................................   706
        Title IV--Food for Peace Programs........................   707
            Section 403--Self-Help Measures To Increase 
              Agricultural Production; Verification of Self-Help 
              Provisions.........................................   707
        Title V--Other Assistance Programs.......................   707
            Section 502--International Narcotics Control.........   707
        Title VI--Peace Corps....................................   708
            Section 601--Establishment as an Independent Agency..   708
            Section 604--Restoration of Certain Authorities 
              Formerly Contained in the Foreign Service Act......   708
        Title VII--Miscellaneous Provisions......................   708
            Section 705--Inspector General.......................   708
            Section 708--Emergency Humanitarian Help for the 
              People of Poland...................................   708
            Section 709--Use of Certain Polish Currencies........   709
            Section 710--Findings Regarding Global Security......   709
            Section 711--World Food Security Reserves............   709
            Section 712--Findings and Declaration of Policy 
              Regarding World Hunger.............................   710
            Section 713--Reaffirmation of Support for Human 
              Rights Provisions..................................   710
            Section 714--Immigrant Visas for Taiwan..............   710
            Section 715--Lebanon.................................   710
            Section 716--Use of Chemical and Toxic Weapons.......   711
            Section 717--Financial Obligations to the United 
              Nations............................................   712
            Section 718--Condemnation of Libya for its Support of 
              International Terrorist Movements..................   712
            Section 719--United States Citizens Acting in the 
              Service of International Terrorism.................   713
            Section 720--Nonaligned Countries....................   713
            Section 721--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   714
            Section 722--Comprehensive Analysis of Foreign 
              Assistance.........................................   714
            Section 723--External Debt Burdens of Egypt, Israel, 
              and Turkey.........................................   715
            Section 724--Nicaragua...............................   715
            Section 726--Repeal of Limitations on Assistance, 
              Sales and Sales Credits for Chile..................   716
            Section 727--Assistance for El Salvador..............   717
            Section 728--Restrictions on Military Assistance and 
              Sales to El Salvador...............................   718
            Section 729--Reporting Requirement Relating to El 
              Salvador...........................................   720
            Section 730--Restrictions on Aid to El Salvador......   721
            Section 731--El Salvadoran Refugees..................   721
            Section 734--Repeals.................................   721
            Section 735--Report on Nuclear Activities............   721
            Section 737--Prohibitions Relating to Nuclear 
              Transfers and Nuclear Detonations..................   722
    r. International Security and Development Cooperation Act of 
      1980 (Public Law 96-533) (partial text)....................   723
            Section 1--Short Title...............................   723
        Title I--Military and Related Assistance and Sales 
          Programs...............................................   723
            Section 106--Foreign Military Sales Authorization and 
              Aggregate Ceiling..................................   724
            Section 110--Exportation of Uranium Depleted in the 
              Isotope 235........................................   724
            Section 119--Prohibition on Military Assistance to 
              Nicaragua..........................................   725
        Title III--Development Assistance Programs...............   725
            Section 313--Assistance to the Eastern Caribbean.....   725
            Section 314--Assistance for Equatorial Guinea........   725
            Section 315--Caribbean Development Bank..............   725
            Section 316--World Hunger............................   725
            Section 317--Reduction of Postharvest Losses of Food.   726
        Title IV--Other Assistance Programs......................   726
            Section 402--International Narcotics Control.........   726
            Section 408--East Timor..............................   727
        Title V--African Development Foundation..................   727
            Section 501--Short Title.............................   727
            Section 502--Findings................................   727
            Section 503--Establishment...........................   728
            Section 504--Purposes................................   728
            Section 505--Functions...............................   728
            Section 506--Powers..................................   729
            Section 507--Management..............................   730
            Section 508--Government Corporation Control Act......   731
            Section 509--Limitation on Spending Authority........   731
            Section 510--Authorization of Appropriations.........   731
        Title VII--Miscellaneous Provisions......................   732
            Section 710--Interagency Group on Human Rights and 
              Foreign Assistance.................................   732
            Section 711--Peace in the Middle East................   732
            Section 712--Assistance for Jordan...................   733
            Section 715--Cuban Refugees..........................   733
            Section 716--Incarceration and Deportation of Certain 
              Cubans.............................................   734
            Section 717--Prohibition on Assistance to the 
              Governments of Cuba, Vietnam, and Cambodia.........   734
            Section 718--Cooperation of Other Governments in the 
              Boycott of the 1980 Summer Olympic Games in Moscow.   734
            Section 719--Elections in Uganda.....................   735
    s. International Security Assistance Act of 1979 (Public Law 
      96-92) (partial text)......................................   736
            Section 1--Short Title...............................   736
            Section 17--Authorization and Aggregate Ceiling for 
              Foreign Military Sales Credits.....................   736
            Section 23--Transfer of War Reserve Material and 
              Other Property to Taiwan...........................   737
            Section 24--Ammunition Sold to Thailand..............   737
            Section 26--Shaba Airlift............................   737
            Section 27--Fiscal Year 1979 Supplemental 
              Authorization for Turkey...........................   738
    t. International Development Cooperation Act of 1979 (Public 
      Law 96-53) (partial text)..................................   739
            Section 1--Short Title...............................   739
        Title I--Development Assistance..........................   739
            Section 114--International Organizations and Programs   739
            Section 125--Assistance to Latin American and 
              Caribbean Countries................................   740
            Section 126--Increased Contributions for Development 
              Assistance.........................................   740
        Title IV--Institute for Scientific and Technological 
          Cooperation............................................   740
            Section 401--Statement of Policy.....................   740
            Section 402--Purposes and Establishment of the 
              Institute..........................................   741
            Section 403--Functions of the Institute..............   741
            Section 404--General Authorities.....................   742
            Section 405--Director of the Institute...............   743
            Section 406--Deputy Director and Other Statutory 
              Officers...........................................   743
            Section 407--Council on International Scientific and 
              Technological Cooperation..........................   744
            Section 408--Institute Fellowships...................   745
            Section 409--Conflict of Interest....................   746
            Section 410--Authorization of Appropriations.........   746
            Section 412--Conforming Amendments...................   746
            Section 413--Establishment in International 
              Development Cooperation Agency.....................   747
            Section 414--Expiration of Authorities...............   747
        Title V--Miscellaneous Provisions........................   747
            Section 501--Earmarking for Lebanon of Unobligated 
              Balances in the Middle East Special Requirements 
              Fund...............................................   747
            Section 502--Military Assistance to Sudan............   747
            Section 507--Nonproliferation of Nuclear Weapons.....   748
            Section 509--Refugee Crisis in Southeast Asia........   748
            Section 510--Certain Travel Expenses.................   749
            Section 512--Effective Dates.........................   749
    u. International Development and Food Assistance Act of 1978 
      (Public Law 95-424) (partial text).........................   750
            Section 1--Short Title...............................   750
        Title I--Development Assistance..........................   750
            Section 117--International Organizations and Programs   750
            Section 120--Locust Plagues Control in Africa........   751
            Section 122--African Development Foundation..........   751
        Title III--Coordination and Administration of the 
          Development-Related Programs and Policies of the United 
          States.................................................   751
            Section 301--Declaration of Objectives...............   751
            Section 302--Implementation of Objectives............   752
        Title IV--Unified Personnel System.......................   752
            Section 401--Establishment of a Unified Personnel 
              System.............................................   752
        Title VI--Miscellaneous Provisions.......................   753
            Section 601--Reduction of Authorization..............   753
            Section 602--Prohibition of Assistance to Vietnam, 
              Cambodia, and Cuba.................................   753
            Section 603--Reports to Congress on Debt Relief 
              Agreements.........................................   753
            Section 604--Miscellaneous Repeals...................   753
            Section 605--Effective Date..........................   753
    v. International Security Assistance Act of 1978 (Public Law 
      95-384) (partial text).....................................   754
            Section 1--Short Title...............................   754
            Section 13--United States Policy Regarding the 
              Eastern Mediterranean..............................   754
            Section 23--Special Security Assistance Program for 
              the Modernization of the Armed Forces of the 
              Republic of Korea..................................   755
            Section 26--United States-Republic of China Mutual 
              Defense Treaty.....................................   756
            Section 28--Negotiations Between Israel and Egypt....   757
            Section 30--Savings Provision........................   757
    w. International Development and Food Assistance Act of 1977 
      (Public Law 95-88) (partial text)..........................   758
            Section 1--Short Title...............................   758
        Title I--International Development Assistance............   758
            Section 124--Inspector General, Foreign Assistance...   758
            Section 131--Future United States Development 
              Assistance.........................................   759
            Section 132--Limitation on Use of Funds; Missing in 
              Action in Vietnam..................................   759
            Section 133--Plan for Increased Minority Business 
              Participation in Foreign Assistance Activities.....   759
            Section 215--Effective Date..........................   761
    x. International Security Assistance Act of 1977 (Public Law 
      95-92) (partial text)......................................   762
            Section 1--Short Title...............................   762
            Section 9--Security Supporting Assistance Program for 
              Egypt..............................................   762
            Section 21--Fiscal Year Authorizations and 
              Limitations........................................   763
            Section 24--Study of Technology Transfers............   763
            Section 26--Policy Statement on United States Arms 
              Sales to Israel....................................   764
            Section 27--Review of Arms Sales Controls on Non-
              Lethal Items.......................................   764
            Section 28--Republic of Korea........................   764
            Section 29--Piaster Conversion.......................   764
    y. International Security Assistance and Arms Export Control 
      Act of 1976 (Public Law 94-329) (partial text).............   765
            Section 106--International Military Education and 
              Training...........................................   765
            Section 201--Arms Sales Policy.......................   766
            Section 212--Control of Licenses with Respect to Arms 
              Exports and Imports................................   766
            Section 407--Control of Military Forces in the Indian 
              Ocean..............................................   767
            Section 408--United States Citizens Imprisoned in 
              Mexico.............................................   767
            Section 409--Emergency Food Needs of Portugal........   767
            Section 410--Strife in Lebanon.......................   768
            Section 412--Korea...................................   768
            Section 413--Repeal of Indochina Assistance..........   768
            Section 506--Interim Quarter Authorizations..........   769
        Title VI--Miscellaneous Provision........................   769
            Section 601--Expedited Procedure in the Senate.......   769
            Section 602--Procurements from Small Businesses......   771
            Section 605--Use of Personnel........................   771
            Section 607--Extortion and Illegal Payments..........   771
            Section 608--Extension of Airport at Pinecreek, 
              Minnesota..........................................   772
    z. International Development and Food Assistance Act of 1975 
      (Public Law 94-161) (partial text).........................   773
            Section 320--Limitation on Assistance to Chile.......   773
            Section 321--Settlement of Debt Owed the United 
              States.............................................   773
            Section 322--Participation by Other Countries in 
              Providing Assistance to Israel or Egypt............   774
    aa. Foreign Assistance Act of 1974 (Public Law 93-559) 
      (partial text).............................................   775
            Section 28--Famine or Disaster Relief................   776
            Section 47--Gorgas Memorial Institute................   776
            Section 48--International Commission of Control and 
              Supervision in Vietnam.............................   776
            Section 50--Policy on the Independence of Angola, 
              Mozambique, and Guinea-Bissau......................   777
            Section 51--Conventional Arms Trade..................   778
            Section 52--Involvement of Puerto Rico in the 
              Caribbean Development Bank.........................   778
            Section 55--Policy With Respect to Countries Most 
              Seriously Affected by Food Shortages...............   779
            Section 56--Repayment of Loans in Default............   780
    bb. Foreign Assistance Act of 1973 (Public Law 93-189) 
      (partial text).............................................   781
            Section 28--Asian Development Bank...................   781
            Section 30--Termination of Indochina War.............   781
            Section 31--Limitation on Use of Funds...............   781
            Section 32--Political Prisoners......................   782
            Section 33--Albert Schweitzer Hospital...............   782
            Section 34--Prisoners of War and Individuals Missing 
              in Action..........................................   782
            Section 35--Rights in Chile..........................   783
            Section 36--Revision of Social Progress Trust Fund 
              Agreement..........................................   783
            Section 39--World Food Shortages.....................   785
            Section 40--Use of Local Currencies..................   785
    cc. Foreign Assistance Act of 1971 (Public Law 92-226) 
      (partial text).............................................   787
            Section 2--Food for Peace Program....................   787
            Section 403--Position of Under Secretary of State for 
              Coordinating Security Assistance...................   788
            Section 407--Periodic Authorizations for State and 
              USIA...............................................   788
            Section 410--Limitation on United Nations Assessment 
              of United States...................................   788
    dd. Special Foreign Assistance Act of 1971, as Amended 
      (Public Law 91-652) (partial text).........................   789
            Section 2--Authorization of Appropriations...........   789
            Section 3--Transfer of Defense Articles to Korea.....   789
            Section 4--Transfer Limitations......................   790
            Section 6--Foreign Currencies Held in Pakistan.......   790
            Section 7--Limitation on Assistance to Cambodia......   790
    ee. Foreign Military Sales Act Amendments, 1971 (Public Law 
      91-672) (partial text).....................................   791
    ff. Foreign Assistance Act of 1969, as Amended (Public Law 
      91-175) (partial text).....................................   794
    gg. Foreign Assistance Act of 1968 (Public Law 90-554) 
      (partial text).............................................   801
        Part V--Reappraisal of Foreign Assistance Programs.......   801
    hh. Foreign Assistance Act of 1967 (Public Law 90-137).......   803
    ii. Foreign Assistance Act of 1966 (Public Law 89-583).......   804
    jj. Foreign Assistance Act of 1965 (Public Law 89-171).......   805
    kk. Foreign Assistance Act of 1964 (Public Law 88-633) 
      (partial text).............................................   806
        Part V--Religious Persecution............................   806
    ll. Foreign Assistance Act of 1963 (Public Law 88-205).......   807
    mm. Foreign Assistance Act of 1962 (Public Law 87-565).......   808
2. Foreign Assistance Appropriations.............................   809
    a. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2003 (Public Law 108-7) (partial text).   809
    b. Emergency Wartime Supplemental Appropriations Act, 2003 
      (Public Law 108-11)........................................   879
    c. Continuing Appropriations for Fiscal Year 2003 (Public Law 
      107-229) (partial text)....................................   895
    d. 2002 Supplemental Appropriations Act for Further Recovery 
      From and Response to Terrorist Attacks on the United States 
      (Public Law 107-206) (partial text)........................   900
    e. Kenneth M. Ludden Foreign Operations, Export Financing, 
      and Related Programs Appropriations Act, 2002 (Public Law 
      107-115)...................................................   914
    f. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2001 (Public Law 106-429) (partial 
      text)......................................................   916
    g. Emergency Supplemental Act, 2000 (Public Law 106-246) 
      (partial text).............................................   923
    h. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2000 (Public Law 106-113)..............   932
    i. Miscellaneous Appropriations, 2000 (Public Law 106-113) 
      (partial text).............................................   941
    j. 1999 Emergency Supplemental Appropriations Act (Public Law 
      106-31) (partial text).....................................   946
    k. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1999 (Public Law 105-277) (partial 
      text)......................................................   951
    l. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1997 (Public Law 104-208) (partial 
      text)......................................................   959
    m. Mexican Debt Disclosure Act of 1995 (Public Law 104-6) 
      (partial text).............................................   966
    n. Foreign Operations, Export Financing, and Related Programs 
      Supplemental Appropriations Act, 1994 (Public Law 103-306) 
      (partial text).............................................   970
    o. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1993 (Public Law 102-391) (partial 
      text)......................................................   972
    p. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1991 (Public Law 101-513) (partial 
      text)......................................................   976
    q. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1990 (Public Law 101-167) (partial 
      text)......................................................   987
    r. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1988 (Public Law 100-202) (partial 
      text)......................................................  1001
    s. Foreign Assistance and Related Programs Appropriations 
      Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
      151) (partial text)........................................  1006
    t. Title 31, United States Code--Valid Obligations...........  1008



          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; Public Law 106-158 
    [Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745, 
    approved December 9, 1999; Public Law 106-200 [African Growth and 
    Opportunity Act; title I of H.R. 434], 114 Stat. 252, approved May 
    18, 2000; Public Law 106-264 [Global AIDS and Tuberculosis Relief 
    Act of 2000; H.R. 3519], 114 Stat. 748, approved August 19, 2000; 
    Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919], 
    114 Stat. 845, approved October 6, 2000; Public Law 106-309 
    [Microenterprise for Self-Reliance and International Anti-
    Corruption Act of 2000; H.R. 1143], 114 Stat. 1078, approved 
    October 17, 2000; Public Law 106-373 [Famine Prevention and Freedom 
    From Hunger Improvement Act of 2000; H.R. 4002], 114 Stat. 1427, 
    approved October 27, 2000; Public Law 106-386 [Victims of 
    Trafficking and Violence Protection Act of 2000; H.R. 3244], 114 
    Stat.1464, approved October 28, 2000; Public Law 106-429 [Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 2001; H.R. 5526, enacted by reference in H.R. 4811], 114 Stat. 
    1900A-3, approved November 6, 2000; Public Law 107-26 [H.R. 2131], 
    115 Stat. 206, approved August 17, 2001; Public Law 107-228 
    [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 
    116 Stat. 1350, approved September 30, 2002; Public Law 107-246 
    [Russian Democracy Act of 2002; H.R. 2121], 116 Stat. 1511, 
    approved October 23, 2002; Public Law 107-372 [H.R. 4883], 116 
    Stat. 3078, approved December 19, 2002; Public Law 108-25 [United 
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act 
    of 2003; H.R. 1298], 117 Stat. 711, approved May 27, 2003; and by 
    Public Law 108-31 [H.R. 192], 117 Stat. 775, approved June 17, 2003
---------------------------------------------------------------------------
    * 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.
---------------------------------------------------------------------------

                                 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Therefore, the Congress declares that a principal objective 
of the foreign policy of the United States is the encouragement 
and sustained support of the people of developing countries in 
their efforts to acquire the knowledge and resources essential 
to development and to build the economic, political, and social 
institutions which will improve the quality of their lives.
    United States development cooperation policy should 
emphasize five \4\ principal goals:
---------------------------------------------------------------------------
    \4\ Sec. 203(a)(1) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091) 
struck out ``four'' and inserted in lieu thereof ``five''.
---------------------------------------------------------------------------
          (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; \5\
---------------------------------------------------------------------------
    \5\ Sec. 203(a) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091) 
struck out ``and'' at the end of para. (3), replaced a period at the 
end of para. (4) with ``; and'', and added a new para. (5).
---------------------------------------------------------------------------
          (4) the integration of the developing countries into 
        an open and equitable international economic system; 
        and
          (5) \5\ the promotion of good governance through 
        combating corruption and improving transparency and 
        accountability.
    The Congress declares that pursuit of these goals requires 
that development concerns be fully reflected in United States 
foreign policy and that United States development resources be 
effectively and efficiently utilized.
    (b) \6\ 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.
---------------------------------------------------------------------------
    \6\ 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. Subsequently, 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. 1413 of the Foreign Affairs Reform and Restructuring Act of 
1998 (22 U.S.C. 6563; 112 Stat. 2681-791), furthermore, provided the 
following:
    ``Sec. 1413. Status of AID.
    ``(a) In General.--Unless abolished pursuant to the reorganization 
plan submitted under section 1601, and except as provided in section 
1412, there is within the Executive branch of Government the United 
States Agency for International Development as an entity described in 
section 104 of title 5, United States Code.
    ``(b) Retention of Officers.--Nothing in this section shall require 
the reappointment of any officer of the United States serving in the 
Agency for International Development of the United States International 
Development cooperation Agency as of the day before the effective date 
of this title.''.
    Sec. 1522 of that Act (22 U.S.C. 6592; 112 Stat. 2681-794), 
furthermore, provided the following:
    ``Sec. 1522. Administrator of AID Reporting to the Secretary of 
State.
    ``The Administrator of the Agency for International Development, 
appointed pursuant to section 624(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct 
authority and foreign policy guidance of the Secretary of State.''.
---------------------------------------------------------------------------
    Sec. 102.\7\ 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.
---------------------------------------------------------------------------
    \7\ 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; \8\
---------------------------------------------------------------------------
    \8\ Sec. 203(b)(1) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
struck out ``and'' at the end of subpara. (E), replaced a period at the 
end of subpara. (F) with ``; and'', and added a new subpara. (G).
---------------------------------------------------------------------------
                  (F) increase in literacy; and
                  (G) \8\ progress in combating corruption and 
                improving transparency and accountability in 
                the public and private sector.
          (5) United States development assistance should focus 
        on critical problems in those functional sectors which 
        affect the lives of the majority of the people in the 
        developing countries; food production and nutrition; 
        rural development and generation of gainful employment; 
        population planning and health; environment and natural 
        resources; education, development administration, and 
        human resources development; and energy development and 
        production.\9\
---------------------------------------------------------------------------
    \9\ 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,\9\ 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) \10\ United States encouragement of policy 
        reforms is necessary if developing countries are to 
        achieve economic growth with equity.
---------------------------------------------------------------------------
    \10\ 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) \10\ 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) \10\ 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) \10\ United States assistance should focus on 
        establishing and upgrading the institutional capacities 
        of developing countries in order to promote long-term 
        development. An important component of institution 
        building involves training to expand the human resource 
        potential of people in developing countries.
          (17) \11\ Economic reform and development of 
        effective institutions of democratic governance are 
        mutually reinforcing. The successful transition of a 
        developing country is dependent upon the quality of its 
        economic and governance institutions. Rule of law, 
        mechanisms of accountability and transparency, security 
        of person, property, and investments, are but a few of 
        the critical governance and economic reforms that 
        underpin the sustainability of broad-based economic 
        growth. Programs in support of such reforms strengthen 
        the capacity of people to hold their governments 
        accountable and to create economic opportunity.
---------------------------------------------------------------------------
    \11\ Sec. 203(b)(2) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
added para. (17).
---------------------------------------------------------------------------
    (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 2003 are included in the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 2003 (division E of the Consolidated 
        Appropriations Resolution, 2003; Public Law 108-7; 117 
        Stat. 11), and the Emergency Wartime Supplemental 
        Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 
        559). Amounts appropriated by that Act to carry out the 
        purposes of provisions contained in the Foreign 
        Assistance Act of 1961, during fiscal year 2003 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''. In fiscal year 2003, the
        latter account is referred to as the ``Child Survival 
        and Health Programs Fund''.
        For fiscal year 2003, to remain available until 
        September 30, 2004, for the provisions of sections
        103, 105, 106, and 131, and chapter 10 of part I of 
        the Foreign Assistance Act of 1961 (Development
        Assistance and Development Fund for Africa), Congress 
        appropriated $1,389,000,000. Congress also
        appropriated $1,836,500,000 in fiscal year 2003, to 
        remain available until September 30, 2005, for
        child survival, reproductive health/family planning, 
        assistance to combat tropical and other
        infectious diseases, and related activities. Congress 
        also appropriated $90,000,000 to remain
        available until September 30, 2004, in the Emergency 
        Wartime Supplemental Appropriations Act, 2003
        (Public Law 108-11; 117 Stat. 572).
--------------------------------------------------------------------------------------------------------------------------------------------------------



          Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2003 (division E 
        of Public Law 108-7; 117 Stat. 179), 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, 2003 (division E of Public Law 
        108-7; 117 Stat. 182), provided the following:

                   ``transfers between accounts
        ``Sec. 509. (a) None of the funds made available by 
        this Act may be transferred to any department,
        agency, or instrumentality of the United States 
        Government, except pursuant to a transfer made by, or
        transfer authority provided in, this Act or any other 
        appropriation Act.
          ``(b) Notwithstanding subsection (a), in addition 
        to transfers made by, or authorized elsewhere in,
        this Act, funds appropriated by this Act to carry out 
        the purposes of the Foreign Assistance Act of
        1961 may be allocated or transferred to agencies of 
        the United States Government pursuant to the
        provisions of sections 109, 610, and 632 of the 
        Foreign Assistance Act of 1961.
          ``(c) 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, not less than five days 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.
          ``(d) Any agreement for the transfer or allocation 
        of funds appropriated by this Act, or prior Acts,
        entered into between the United States Agency for 
        International Development and another agency of the
        United States Government under the authority of section 
        632(a) of the Foreign Assistance Act of 1961
        or any comparable provision of law, shall expressly 
        provide that the Office of the Inspector General
        for the agency receiving the transfer or allocation 
        of such funds shall perform periodic program and
        financial audits of the use of such funds: Provided, 
        That funds transferred under such authority may
        be made available for the cost of such audits.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------



--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
        Note.--Availability of Funds. The Foreign Operations, 
        Export Financing, and Related Programs
        Appropriations Act, 2003 (division E of Public Law 108-7; 
        117 Stat. 182), 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, 11, and 12 of part I, section 667, chapter
        4 of part II of the Foreign Assistance Act of 1961, as 
        amended, section 23 of the Arms Export Control
        Act, and funds provided under the heading ``Assistance 
        for Eastern Europe and the Baltic States'',
        shall remain available for an additional 4 years from 
        the date on which the availability of such funds
        would otherwise have expired, 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.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------

      

--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
        Note.--Notification Requirements. The Foreign Operations, 
        Export Financing, and Related Programs
        Appropriations Act, 2003 (division E of Public Law 108-7; 
        117 Stat. 184), provided the following:

                     ``notification requirements

          ``Sec. 515. For the purposes of providing the executive 
        branch with the necessary administrative
        flexibility, none of the funds made available under this 
        Act for `Child Survival and Health Programs Fund', 
       `Development Assistance', `International Organizations 
        and Programs', `Trade and Development Agency', 
        `International Narcotics Control and Law Enforcement', 
        `Andean Counterdrug Initiative',`Assistance for Eastern 
        Europe and the Baltic States', `Assistance for the 
        Independent States of the Former Soviet Union', `Economic 
        Support Fund', `Peacekeeping Operations', `Capital
        Investment Fund', `Operating Expenses of the United 
        States Agency for International Development',
        `Operating Expenses of the United States 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
        Committees on Appropriations 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.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------

      

--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
        Note.--The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2003
        (division E of Public Law 108-7; 117 Stat. 193), 
        provided the following:

                    ``special authorities

          ``Sec. 534. (a) Afghanistan, Lebanon, Montenegro, 
         Victims of War, Displaced Children, and Displaced
         Burmese.--Funds appropriated by this Act that are made 
         available for assistance for Afghanistan may be
         made available notwithstanding section 512 of this Act 
         and any similar provision of law, and funds
         appropriated in titles I and II of this Act that are 
         made available for Lebanon, Montenegro, and for
         victims of war, displaced children, and displaced Burmese, 
         and to assist victims of trafficking in
         persons and, subject to the regular notification 
         procedures of the Committees on Appropriations, to
         combat such trafficking, may be made available 
         notwithstanding any other provision of law.
           ``(b) Tropical Forestry and Biodiversity Conservation 
         Activities.--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 may be used, notwithstanding 
         any other provision of law, for the purpose of
         supporting tropical forestry and biodiversity 
         conservation activities and 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) Personal Services Contractors.--Funds 
         appropriated by this Act to carry out chapter 1 of 
         part I, chapter 4 of part II, and section 667 of 
         the Foreign Assistance Act of 1961, and title II of 
         the Agricultural Trade Development and Assistance 
         Act of 1954, may be used by the United States Agency 
         for International Development to employ up to 20 
         personal services contractors in the United States,
         notwithstanding any other provision of law, for the 
         purpose of providing direct, interim support for
         new or expanded overseas programs and activities 
         managed by the agency until permanent direct hire
         personnel are hired and trained: Provided, That not 
         more than 7 of such contractors shall be assigned
         to any bureau or office: Provided further, That such 
         funds appropriated to carry out the Foreign
         Assistance Act of 1961 may be made available for 
         personal services contractors assigned only to the
         Office of Procurement; the Bureau for Africa; and 
         the Bureau for Asia and the Near East: Provided
         further, That such funds appropriated to carry out 
         title II of the Agricultural Trade Development and
         Assistance Act of 1954, may be made available only 
         for personal services contractors assigned to the
         Office of Food for Peace.
           ``(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.
           ``(e) Contingencies.--During fiscal year 2003, the 
         President may use up to $45,000,000 under the 
         authority of section 451 of the Foreign Assistance Act, 
         notwithstanding the funding ceiling in section
         451(a).
           ``(f) Small Business.--In entering into multiple 
         award indefinite-quantity contracts with funds
         appropriated by this Act, the United States Agency 
         for International Development may provide an
         exception to the fair opportunity process for placing 
         task orders under such contracts when the order
         is placed with any category of small or small 
         disadvantaged business.
           ``(g) Shipment of Humanitarian Assistance.--During 
         fiscal year 2003, of the amounts made available by
         the United States Agency for International Development 
         to carry out the provisions of section 123(b)
         of the Foreign Assistance Act of 1961, funds may be 
         made available to nongovernmental organizations
         for administrative costs necessary to implement a 
         program to obtain available donated space on
         commercial ships for the shipment of humanitarian 
         assistance overseas.
           ``(h) Reconstituting Civilian Police Authority.--In 
         providing assistance with funds appropriated by
         this Act under section 660(b)(6) of the Foreign 
         Assistance Act of 1961, support for a nation emerging
         from instability may be deemed to mean support for 
         regional, district, municipal, or other sub-
         national entity emerging from instability, as well 
         as a nation emerging from instability.
           ``(i) Repeal.--Section 545(d) of Public Law 106-429, 
         and comparable provisions contained in prior
         Acts making appropriations for foreign operations, 
         export financing, and related programs, are hereby
         repealed.
           ``(j) World Food Program.--Of the funds managed by 
         the Bureau for Democracy, Conflict, and
         Humanitarian Assistance of the United States Agency for 
         International Development, from this or any
         other Act, not less than $6,000,000 should be made 
         available as a general contribution to the World
         Food Program, notwithstanding any other provision of 
         law.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                     


          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 2002, 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 2002, vol. IV.



      
    Sec. 103.\12\ 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--
---------------------------------------------------------------------------
    \12\ 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.\13\ 
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.\14\
---------------------------------------------------------------------------
    \13\ 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 2003--no authorization.
    \14\ 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) \15\ 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.
---------------------------------------------------------------------------
    \15\ 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) \16\ 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.
---------------------------------------------------------------------------
    \16\ 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) \16\ 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) \17\ (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.
---------------------------------------------------------------------------
    \17\ 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.\18\ 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,\19\ 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.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 2151a-1. Sec. 103A was added by sec. 303 of Public 
Law 94-161 (89 Stat. 849).
    \19\ The word ``environmental,'' was added by sec. 103(d) of the 
International Development and Food Assistance Act of 1978 (92 Stat. 
945).
---------------------------------------------------------------------------
    Sec. 104.\20\ Population and Health.--(a) Findings.--The 
Congress recognizes that poor health conditions and 
uncontrolled population growth can vitiate otherwise successful 
development efforts.
---------------------------------------------------------------------------
    \20\ 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,\21\ and the 
conduct of directly relevant demographic research, population 
planning programs shall emphasize motivation for small 
families.
---------------------------------------------------------------------------
    \21\ 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) \22\ Assistance for Health and Disease Prevention.--(1) 
\23\ 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.
---------------------------------------------------------------------------
    \22\ Sec. 301(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 
Stat. 711) struck out subsec. (c)(4) through (c)(7), originally added 
by sec. 111(a) and sec. 203 of the Global AIDS and Tuberculosis Relief 
Act of 2000 (Public Law 106-264; 114 Stat. 751, 759).which had read as 
follows:
    ``(4)(A) Congress recognizes the growing international dilemma of 
children with the human immunodeficiency virus (HIV) and the merits of 
intervention programs aimed at this problem. Congress further 
recognizes that mother-to-child transmission prevention strategies can 
serve as a major force for change in developing regions, and it is, 
therefore, a major objective of the foreign assistance program to 
control the acquired immune deficiency syndrome (AIDS) epidemic.
    ``(B) The agency primarily responsible for administering this part 
shall--
---------------------------------------------------------------------------

          ``(i) coordinate with UNAIDS, UNICEF, WHO, national and local 
        governments, and other organizations to develop and implement 
        effective strategies to prevent vertical transmission of HIV; 
        and
          ``(ii) coordinate with those organizations to increase 
        intervention programs and introduce voluntary counseling and 
        testing, antiretroviral drugs, replacement feeding, and other 
        strategies.
---------------------------------------------------------------------------
    ``(5)(A) Congress expects the agency primarily responsible for 
administering this part to make the human immunodeficiency virus (HIV) 
and the acquired immune deficiency syndrome (AIDS) a priority in the 
foreign assistance program and to undertake a comprehensive, 
coordinated effort to combat HIV and AIDS.
    ``(B) Assistance described in subparagraph (A) shall include help 
providing--
---------------------------------------------------------------------------

          ``(i) primary prevention and education;
          ``(ii) voluntary testing and counseling;
          ``(iii) medications to prevent the transmission of HIV from 
        mother to child; and
          ``(iv) care for those living with HIV or AIDS.
---------------------------------------------------------------------------
    ``(6)(A) In addition to amounts otherwise available for such 
purpose, there is authorized to be appropriated to the President 
$300,000,000 for each of the fiscal years 2001 and 2002 to carry out 
paragraphs (4) and (5).
    ``(B) Of the funds authorized to be appropriated under subparagraph 
(A), not less than 65 percent is authorized to be available through 
United States and foreign nongovernmental organizations, including 
private and voluntary organizations, for-profit organizations, 
religious affiliated organizations, educational institutions, and 
research facilities.
    ``(C)(i) Of the funds authorized to be appropriated by subparagraph 
(A), not less than 20 percent is authorized to be available for 
programs as part of a multidonor strategy to address the support and 
education of orphans in sub-Saharan Africa, including AIDS orphans.
    ``(ii) Assistance made available under this subsection, and 
assistance made available under chapter 4 of part II to carry out the 
purposes of this subsection, may be made available notwithstanding any 
other provision of law that restricts assistance to foreign countries.
    ``(D) Of the funds authorized to be appropriated under subparagraph 
(A), not less than 8.3 percent is authorized to be available to carry 
out the prevention strategies for vertical transmission referred to in 
paragraph (4)(A).
    ``(E) Of the funds authorized to be appropriated by subparagraph 
(A), not more than 7 percent may be used for the administrative 
expenses of the agency primarily responsible for carrying out this part 
of this Act in support of activities described in paragraphs (4) and 
(5).
    ``(F) Funds appropriated under this paragraph are authorized to 
remain available until expended.
    ``(7)(A) Congress recognizes the growing international problem of 
tuberculosis and the impact its continued existence has on those 
nations that had previously largely controlled the disease. Congress 
further recognizes that the means exist to control and treat 
tuberculosis, and that it is therefore a major objective of the foreign 
assistance program to control the disease. To this end, Congress 
expects the agency primarily responsible for administering this part)--
---------------------------------------------------------------------------

          ``(i) to coordinate with the World Health Organization, the 
        Centers for Disease Control, the National Institutes of Health, 
        and other organizations toward the development and 
        implementation of a comprehensive tuberculosis control program; 
        and
          ``(ii) to set as a goal the detection of at least 70 percent 
        of the cases of infectious tuberculosis, and the cure of at 
        least 85 percent of the cases detected, in those countries in 
        which the agency has established development programs, by 
        December 31, 2010.
---------------------------------------------------------------------------
    ``(B) There is authorized to be appropriated to the President, 
$60,000,000 for each of the fiscal years 2001 and 2002 to be used to 
carry out this paragraph. Funds appropriated under this subparagraph 
are authorized to remain available until expended.''.
    Sec. 103 of the International Malaria Control Act of 2000 (Public 
Law 106-570; 114 Stat. 3039; 22 U.S.C. 2151b-1) provided the following:
    ``sec. 103. assistance for malaria prevention, treatment, control, 
and elimination.
    ``(a) Assistance.--
---------------------------------------------------------------------------

          ``(1) In general.--The Administrator of the United States 
        Agency for International Development, in coordination with the 
        heads of other appropriate Federal agencies and nongovernmental 
        organizations, shall provide assistance for the establishment 
        and conduct of activities designed to prevent, treat, control, 
        and eliminate malaria in countries with a high percentage of 
        malaria cases.
          ``(2) Consideration of interaction among epidemics.--In 
        providing assistance pursuant to paragraph (1), the 
        Administrator should consider the interaction among the 
        epidemics of HIV/AIDS, malaria, and tuberculosis.
          ``(3) Dissemination of information requirement.--Activities 
        referred to in paragraph (1) shall include the dissemination of 
        information relating to the development of vaccines and 
        therapeutic agents for the prevention of malaria (including 
        information relating to participation in, and the results of, 
        clinical trials for such vaccines and agents conducted by 
        United States Government agencies) to appropriate officials in 
        such countries.
---------------------------------------------------------------------------
    ``(b) Authorization of Appropriations.--
---------------------------------------------------------------------------

          ``(1) In general.--There are authorized to be appropriated to 
        carry out subsection (a) $50,000,000 for each of the fiscal 
        years 2001 and 2002.
          ``(2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.''.
---------------------------------------------------------------------------
    \23\ 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) \23\ (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) \24\ 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.
---------------------------------------------------------------------------
    \24\ 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.
    Titles II and V of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2003 (division E of Public Law 
108-7; 117 Stat. 161, 187), provided the following:
---------------------------------------------------------------------------

          ``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

               ``CHILD SURVIVAL AND HEALTH PROGRAMS FUND

                    ``(including transfer of funds)
---------------------------------------------------------------------------
    ``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, health, and family planning/reproductive health activities, 
in addition to funds otherwise available for such purposes, 
$1,836,500,000, to remain available until September 30, 2005: Provided, 
That this amount shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; (3) health, 
nutrition, water and sanitation programs which directly address the 
needs of mothers and children, and related education programs; (4) 
assistance for displaced and orphaned children; (5) programs for the 
prevention, treatment, and control of, and research on, HIV/AIDS, 
tuberculosis, malaria, polio and other infectious diseases; and (6) 
family planning/reproductive health: Provided further, That none of the 
funds appropriated under this heading may be made available for 
nonproject assistance, except that funds may be made available for such 
assistance for ongoing health activities: Provided further, That of the 
funds appropriated under this heading, not to exceed $150,000, in 
addition to funds otherwise available for such purposes, may be used to 
monitor and provide oversight of child survival, maternal and family 
planning/reproductive health, and infectious disease programs: Provided 
further, That the following amounts should be allocated as follows: 
$324,000,000 for child survival and maternal health; $27,000,000 for 
vulnerable children; $591,500,000 for HIV/AIDS including not less than 
$18,000,000 which should be made available to support the development 
of microbicides as a means for combating HIV/AIDS; $155,500,000 for 
other infectious diseases; $368,500,000 for family planning/
reproductive health, including in areas where population growth 
threatens biodiversity or endangered species; and $120,000,000 for 
UNICEF: Provided further, That of the funds appropriated under this 
heading, and in addition to funds allocated under the previous proviso, 
not less than $250,000,000 shall be made available, notwithstanding any 
other provision of law, for a United States contribution to the Global 
Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities: Provided further, That the cumulative amount of United 
States contributions to the Global Fund may not exceed the total 
resources provided by other donors and available for use by the Global 
Fund: Provided further, That of the funds appropriated under this 
heading that are available for HIV/AIDS programs and activities, up to 
$10,500,000 should be made available for the International AIDS Vaccine 
Initiative, and up to $100,000,000 should be made available for the 
International Mother and Child HIV Prevention Initiative: Provided 
further,  That of the funds appropriated under this heading, up to 
$60,000,000 may be made available for a United States contribution to 
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged 
with funds appropriated by this Act under the heading `Operating 
Expenses of the United States Agency for International Development' for 
costs directly related to international health, but funds made 
available for such costs may not be derived from amounts made available 
for contribution under the preceding provisos: Provided further, That 
notwithstanding any other provision of this Act, funds appropriated 
under this heading that are available for child survival and health 
programs shall be apportioned to the United States Agency for 
International Development, and the authority of sections 632(a) or 
632(b) of the Foreign Assistance Act of 1961, or any comparable 
provision of law, may not be used to transfer or allocate any part of 
such funds to the Department of Health and Human Services including any 
office of that agency, except that the authority of those sections may 
be used to transfer or allocate up to $25,000,000 of such funds to the 
Centers for Disease Control and Prevention: Provided further, That of 
the funds appropriated under this heading, $5,000,000 shall be made 
available to continue to support the provision of wheelchairs for needy 
persons in developing countries: 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 Act 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: Provided further, That none 
of the funds made available under this Act may be used to lobby for or 
against abortion: Provided further, 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 
Committees on Appropriations 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: Provided further, That the funds 
under this heading that are available for the treatment and prevention 
of HIV/AIDS should also include programs and activities that are 
designed to maintain and preserve the families of those persons living 
with HIV/AIDS and to reduce the numbers of orphans created by HIV/AIDS.
---------------------------------------------------------------------------
          * * * * * * *

                 ``CHILD SURVIVAL AND HEALTH ACTIVITIES
---------------------------------------------------------------------------
    ``Sec. 522. Up to $13,500,000 of the funds made available by this 
Act for assistance under the heading `Child Survival and Health 
Programs Fund', may be used to reimburse United States Government 
agencies, agencies of State governments, institutions of higher 
learning, and private and voluntary organizations for the full cost of 
individuals (including for the personal services of such individuals) 
detailed or assigned to, or contracted by, as the case may be, the 
United States Agency for International Development for the purpose of 
carrying out activities under that heading: Provided, That up to 
$3,500,000 of the funds made available by this Act for assistance under 
the heading `Development Assistance' may be used to reimburse such 
agencies, institutions, and organizations for such costs of such 
individuals carrying out other development assistance activities: 
Provided further, That funds appropriated by this Act that are made 
available for child survival activities or disease programs including 
activities relating to research on, and the prevention, treatment and 
control of, HIV/AIDS may be made available notwithstanding any other 
provision of law: Provided further, That funds appropriated under title 
II of this Act may be made available pursuant to section 301 of the 
Foreign Assistance Act of 1961 if a primary purpose of the assistance 
is for child survival and related programs: Provided further, That of 
the funds appropriated under title II of this Act, not less than 
$446,500,000 shall be made available for family planning/reproductive 
health.''.
    Title I, chapter 3 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 572), provided 
an additional $90,000,000 for "Child Survival and Health Programs 
Fund'' to remain available until September 30, 2004.
    Relating to family planning, see also the President's Memorandum of 
March 28, 2001, to the Administrator of the U.S. Agency for 
International Development, restoring the Mexico City Policy (66 F.R. 
17303).
---------------------------------------------------------------------------
    (C) Appropriations pursuant to subparagraph (B) may be 
referred to as the ``Child Survival Fund.''
    (3) \25\ 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.\26\
---------------------------------------------------------------------------
    \25\ 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.''.
    \26\ The last sentence of paragraph (3) was added by sec. 103(a) of 
Public Law 99-529 (100 Stat. 3010).
---------------------------------------------------------------------------
    (4) \27\ Relationship to other laws.--Assistance made 
available under this subsection and sections 104A, 104B, and 
104C, and assistance made available under chapter 4 of part II 
to carry out the purposes of this subsection and the provisions 
cited in this paragraph, may be made available notwithstanding 
any other provision of law that restricts assistance to foreign 
countries, except for the provisions of this subsection, the 
provisions of law cited in this paragraph, subsection (f), 
section 634A of this Act, and provisions of law that limit 
assistance to organizations that support or participate in a 
program of coercive abortion or involuntary sterilization 
included under the Child Survival and Health Programs Fund 
heading in the Consolidated Appropriations Resolution, 2003 
(Public Law 108-7).
---------------------------------------------------------------------------
    \27\ Sec. 303(c) of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat. 
711) added para. (4).
---------------------------------------------------------------------------
    (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.\28\ 
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.
---------------------------------------------------------------------------
    \28\ 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) \29\ 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 \30\ or coerce any person to practice abortions.
---------------------------------------------------------------------------
    \29\ Sec. 518 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2003 (division E of Public Law 
108-7; 117 Stat. 186), made a similar prohibition.
    \30\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 
163), under ``Child Survival and Health Programs Fund'', provided the 
following:
    ``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:''.
    Relating to family planning, see also the President's Memorandum of 
March 28, 2001, to the Administrator of the U.S. Agency for 
International Development, restoring the Mexico City Policy (66 F.R. 
17303).
---------------------------------------------------------------------------
    (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) \31\ 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.
---------------------------------------------------------------------------
    \31\ 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).
---------------------------------------------------------------------------
    (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.\32\
---------------------------------------------------------------------------
    \32\ 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 2002--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 2003--no 
authorization.
    Congress did not enact an authorization for fiscal year 2003. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2003 (division E of Public Law 108-7), waived the 
requirement for authorization, and title II of that Act (at 115 Stat. 
162) provided the following:
---------------------------------------------------------------------------

          ``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

               ``CHILD SURVIVAL AND HEALTH PROGRAMS FUND

                     ``(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 Act 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: Provided further, That none of the funds made 
available under this Act may be used to lobby for or against abortion: 
Provided further, 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 Committees on 
Appropriations 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: Provided further, That the funds under this 
heading that are available for the treatment and prevention of HIV/AIDS 
should also include programs and activities that are designed to 
maintain and preserve the families of those persons living with HIV/
AIDS and to reduce the numbers of orphans created by HIV/AIDS.''.
    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 health activities, and sec. 572, relating to U.S. 
participation in the United Nations Population Fund.
    Relating to family planning, see also the President's Memorandum of 
March 28, 2001, to the Administrator of the U.S. Agency for 
International Development, restoring the Mexico City Policy (66 F.R. 
17303).
---------------------------------------------------------------------------

SEC. 104A.\33\ ASSISTANCE TO COMBAT HIV/AIDS.

    (a) Finding.--Congress recognizes that the alarming spread 
of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, 
and other developing countries is a major global health, 
national security, development, and humanitarian crisis.
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 2151b-2. Sec. 301(a)(2) of the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(Public Law 108-25; 117 Stat. 711) added sec. 104A.
---------------------------------------------------------------------------
    (b) Policy.--It is a major objective of the foreign 
assistance program of the United States to provide assistance 
for the prevention, treatment, and control of HIV/AIDS. The 
United States and other developed countries should provide 
assistance to countries in sub-Saharan Africa, the Caribbean, 
and other countries and areas to control this crisis through 
HIV/AIDS prevention, treatment, monitoring, and related 
activities, particularly activities focused on women and youth, 
including strategies to protect women and prevent mother-to-
child transmission of the HIV infection.
    (c) Authorization.--
          (1) In general.--Consistent with section 104(c), the 
        President is authorized to furnish assistance, on such 
        terms and conditions as the President may determine, 
        for HIV/AIDS, including to prevent, treat, and monitor 
        HIV/AIDS, and carry out related activities, in 
        countries in sub-Saharan Africa, the Caribbean, and 
        other countries and areas.
          (2) Role of ngos.--It is the sense of Congress that 
        the President should provide an appropriate level of 
        assistance under paragraph (1) through nongovernmental 
        organizations (including faith-based and community-
        based organizations) in countries in sub-Saharan 
        Africa, the Caribbean, and other countries and areas 
        affected by the HIV/AIDS pandemic.
          (3) Coordination of assistance efforts.--The 
        President shall coordinate the provision of assistance 
        under paragraph (1) with the provision of related 
        assistance by the Joint United Nations Programme on 
        HIV/AIDS (UNAIDS), the United Nations Children's Fund 
        (UNICEF), the World Health Organization (WHO), the 
        United Nations Development Programme (UNDP), the Global 
        Fund to Fight AIDS, Tuberculosis and Malaria and other 
        appropriate international organizations (such as the 
        International Bank for Reconstruction and Development), 
        relevant regional multilateral development 
        institutions, national, state, and local governments of 
        foreign countries, appropriate governmental and 
        nongovernmental organizations, and relevant executive 
        branch agencies.
    (d) Activities Supported.--Assistance provided under 
subsection (c) shall, to the maximum extent practicable, be 
used to carry out the following activities:
          (1) Prevention.--Prevention of HIV/AIDS through 
        activities including--
                  (A) programs and efforts that are designed or 
                intended to impart knowledge with the exclusive 
                purpose of helping individuals avoid behaviors 
                that place them at risk of HIV infection, 
                including integration of such programs into 
                health programs and the inclusion in counseling 
                programs of information on methods of avoiding 
                infection of HIV, including delaying sexual 
                debut, abstinence, fidelity and monogamy, 
                reduction of casual sexual partnering, reducing 
                sexual violence and coercion, including child 
                marriage, widow inheritance, and polygamy, and 
                where appropriate, use of condoms;
                  (B) assistance to establish and implement 
                culturally appropriate HIV/AIDS education and 
                prevention programs that focus on helping 
                individuals avoid infection of HIV/AIDS, 
                implemented through nongovernmental 
                organizations, including faith-based and 
                community-based organizations, particularly 
                those organizations that utilize both 
                professionals and volunteers with appropriate 
                skills, experience, and community presence;
                  (C) assistance for the purpose of encouraging 
                men to be responsible in their sexual behavior, 
                child rearing, and to respect women;
                  (D) assistance for the purpose of providing 
                voluntary testing and counseling (including the 
                incorporation of confidentiality protections 
                with respect to such testing and counseling);
                  (E) assistance for the purpose of preventing 
                mother-to-child transmission of the HIV 
                infection, including medications to prevent 
                such transmission and access to infant formula 
                and other alternatives for infant feeding;
                  (F) assistance to ensure a safe blood supply 
                and sterile medical equipment;
                  (G) assistance to help avoid substance abuse 
                and intravenous drug use that can lead to HIV 
                infection; and
                  (H) assistance for the purpose of increasing 
                women's access to employment opportunities, 
                income, productive resources, and microfinance 
                programs, where appropriate.
          (2) Treatment.--The treatment and care of individuals 
        with HIV/AIDS, including--
                  (A) assistance to establish and implement 
                programs to strengthen and broaden indigenous 
                health care delivery systems and the capacity 
                of such systems to deliver HIV/AIDS 
                pharmaceuticals and otherwise provide for the 
                treatment of individuals with HIV/AIDS, 
                including clinical training for indigenous 
                organizations and health care providers;
                  (B) assistance to strengthen and expand 
                hospice and palliative care programs to assist 
                patients debilitated by HIV/AIDS, their 
                families, and the primary caregivers of such 
                patients, including programs that utilize 
                faith-based and community-based organizations; 
                and
                  (C) assistance for the purpose of the care 
                and treatment of individuals with HIV/AIDS 
                through the provision of pharmaceuticals, 
                including antiretrovirals and other 
                pharmaceuticals and therapies for the treatment 
                of opportunistic infections, nutritional 
                support, and other treatment modalities.
          (3) Preventative intervention education and 
        technologies.--(A) With particular emphasis on specific 
        populations that represent a particularly high risk of 
        contracting or spreading HIV/AIDS, including those 
        exploited through the sex trade, victims of rape and 
        sexual assault, individuals already infected with HIV/
        AIDS, and in cases of occupational exposure of health 
        care workers, assistance with efforts to reduce the 
        risk of HIV/AIDS infection including post-exposure 
        pharmaceutical prophylaxis, and necessary 
        pharmaceuticals and commodities, including test kits, 
        condoms, and, when proven effective, microbicides.
          (B) Bulk purchases of available test kits, condoms, 
        and, when proven effective, microbicides that are 
        intended to reduce the risk of HIV/AIDS transmission 
        and for appropriate program support for the 
        introduction and distribution of these commodities, as 
        well as education and training on the use of the 
        technologies.
          (4) Monitoring.--The monitoring of programs, 
        projects, and activities carried out pursuant to 
        paragraphs (1) through (3), including--
                  (A) monitoring to ensure that adequate 
                controls are established and implemented to 
                provide HIV/AIDS pharmaceuticals and other 
                appropriate medicines to poor individuals with 
                HIV/AIDS;
                  (B) appropriate evaluation and surveillance 
                activities;
                  (C) monitoring to ensure that appropriate 
                measures are being taken to maintain the 
                sustainability of HIV/AIDS pharmaceuticals 
                (especially antiretrovirals) and ensure that 
                drug resistance is not compromising the 
                benefits of such pharmaceuticals; and
                  (D) monitoring to ensure appropriate law 
                enforcement officials are working to ensure 
                that HIV/AIDS pharmaceuticals are not 
                diminished through illegal counterfeiting or 
                black market sales of such pharmaceuticals.
          (5) Pharmaceuticals.--
                  (A) Procurement.--The procurement of HIV/AIDS 
                pharmaceuticals, antiviral therapies, and other 
                appropriate medicines, including medicines to 
                treat opportunistic infections.
                  (B) Mechanisms for quality control and 
                sustainable supply.--Mechanisms to ensure that 
                such HIV/AIDS pharmaceuticals, antiretroviral 
                therapies, and other appropriate medicines are 
                quality-controlled and sustainably supplied.
                  (C) Distribution.--The distribution of such 
                HIV/AIDS pharmaceuticals, antiviral therapies, 
                and other appropriate medicines (including 
                medicines to treat opportunistic infections) to 
                qualified national, regional, or local 
                organizations for the treatment of individuals 
                with HIV/AIDS in accordance with appropriate 
                HIV/AIDS testing and monitoring requirements 
                and treatment protocols and for the prevention 
                of mother-to-child transmission of the HIV 
                infection.
          (6) Related activities.--The conduct of related 
        activities, including--
                  (A) the care and support of children who are 
                orphaned by the HIV/AIDS pandemic, including 
                services designed to care for orphaned children 
                in a family environment which rely on extended 
                family members;
                  (B) improved infrastructure and institutional 
                capacity to develop and manage education, 
                prevention, and treatment programs, including 
                training and the resources to collect and 
                maintain accurate HIV surveillance data to 
                target programs and measure the effectiveness 
                of interventions; and
                  (C) vaccine research and development 
                partnership programs with specific plans of 
                action to develop a safe, effective, 
                accessible, preventive HIV vaccine for use 
                throughout the world.
          (7) Comprehensive hiv/aids public-private 
        partnerships.--The establishment and operation of 
        public-private partnership entities within countries in 
        sub-Saharan Africa, the Caribbean, and other countries 
        affected by the HIV/AIDS pandemic that are dedicated to 
        supporting the national strategy of such countries 
        regarding the prevention, treatment, and monitoring of 
        HIV/AIDS. Each such public-private partnership should)
                  (A) support the development, implementation, 
                and management of comprehensive HIV/AIDS plans 
                in support of the national HIV/AIDS strategy;
                  (B) operate at all times in a manner that 
                emphasizes efficiency, accountability, and 
                results-driven programs;
                  (C) engage both local and foreign development 
                partners and donors, including businesses, 
                government agencies, academic institutions, 
                nongovernmental organizations, foundations, 
                multilateral development agencies, and faith-
                based organizations, to assist the country in 
                coordinating and implementing HIV/AIDS 
                prevention, treatment, and monitoring programs 
                in accordance with its national HIV/AIDS 
                strategy;
                  (D) provide technical assistance, consultant 
                services, financial planning, monitoring and 
                evaluation, and research in support of the 
                national HIV/AIDS strategy; and
                  (E) establish local human resource capacities 
                for the national HIV/AIDS strategy through the 
                transfer of medical, managerial, leadership, 
                and technical skills.
    (e) Annual Report.--
          (1) In general.--Not later than January 31 of each 
        year, the President shall submit to the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives 
        a report on the implementation of this section for the 
        prior fiscal year.
          (2) Report elements.--Each report shall include--
                  (A) a description of efforts made by each 
                relevant executive branch agency to implement 
                the policies set forth in this section, section 
                104B, and section 104C;
                  (B) a description of the programs established 
                pursuant to such sections; and
                  (C) a detailed assessment of the impact of 
                programs established pursuant to such sections, 
                including
                          (i)(I) the effectiveness of such 
                        programs in reducing the spread of the 
                        HIV infection, particularly in women 
                        and girls, in reducing mother-to-child 
                        transmission of the HIV infection, and 
                        in reducing mortality rates from HIV/
                        AIDS; and
                          (II) the number of patients currently 
                        receiving treatment for AIDS in each 
                        country that receives assistance under 
                        this Act.
                          (ii) the progress made toward 
                        improving health care delivery systems 
                        (including the training of adequate 
                        numbers of staff) and infrastructure to 
                        ensure increased access to care and 
                        treatment;
                          (iii) with respect to tuberculosis, 
                        the increase in the number of people 
                        treated and the increase in number of 
                        tuberculosis patients cured through 
                        each program, project, or activity 
                        receiving United States foreign 
                        assistance for tuberculosis control 
                        purposes; and
                          (iv) with respect to malaria, the 
                        increase in the number of people 
                        treated and the increase in number of 
                        malaria patients cured through each 
                        program, project, or activity receiving 
                        United States foreign assistance for 
                        malaria control purposes.
    (f) Funding Limitation.--Of the funds made available to 
carry out this section in any fiscal year, not more than 7 
percent may be used for the administrative expenses of the 
United States Agency for International Development in support 
of activities described in section 104(c), this section, 
section 104B, and section 104C. Such amount shall be in 
addition to other amounts otherwise available for such 
purposes.
    (g) Definitions.--In this section:
          (1) AIDS.--The term ``AIDS'' means acquired immune 
        deficiency syndrome.
          (2) HIV.--The term ``HIV'' means the human 
        immunodeficiency virus, the pathogen that causes AIDS.
          (3) HIV/AIDS.--The term ``HIV/AIDS'' means, with 
        respect to an individual, an individual who is infected 
        with HIV or living with AIDS.
          (4) Relevant executive branch agencies.--The term 
        ``relevant executive branch agencies'' means the 
        Department of State, the United States Agency for 
        International Development, the Department of Health and 
        Human Services (including its agencies and offices), 
        and any other department or agency of the United States 
        that participates in international HIV/AIDS activities 
        pursuant to the authorities of such department or 
        agency or this Act.

SEC. 104B.\34\ ASSISTANCE TO COMBAT TUBERCULOSIS.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 2151b-3. Sec. 302(a) of the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
108-25; 117 Stat. 711) added sec. 104B.
---------------------------------------------------------------------------
          (1) Congress recognizes the growing international 
        problem of tuberculosis and the impact its continued 
        existence has on those countries that had previously 
        largely controlled the disease.
          (2) Congress further recognizes that the means exist 
        to control and treat tuberculosis through expanded use 
        of the DOTS (Directly Observed Treatment Short-course) 
        treatment strategy, including DOTS-Plus to address 
        multi-drug resistant tuberculosis, and adequate 
        investment in newly created mechanisms to increase 
        access to treatment, including the Global Tuberculosis 
        Drug Facility established in 2001 pursuant to the 
        Amsterdam Declaration to Stop TB and the Global 
        Alliance for TB Drug Development.
    (b) Policy.--It is a major objective of the foreign 
assistance program of the United States to control 
tuberculosis, including the detection of at least 70 percent of 
the cases of infectious tuberculosis, and the cure of at least 
85 percent of the cases detected, not later than December 31, 
2005, in those countries classified by the World Health 
Organization as among the highest tuberculosis burden, and not 
later than December 31, 2010, in all countries in which the 
United States Agency for International Development has 
established development programs.
    (c) Authorization.--To carry out this section and 
consistent with section 104(c), the President is authorized to 
furnish assistance, on such terms and conditions as the 
President may determine, for the prevention, treatment, 
control, and elimination of tuberculosis.
    (d) Coordination.--In carrying out this section, the 
President shall coordinate with the World Health Organization, 
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and 
other organizations with respect to the development and 
implementation of a comprehensive tuberculosis control program.
    (e) Priority to DOTS Coverage.--In furnishing assistance 
under subsection (c), the President shall give priority to 
activities that increase Directly Observed Treatment Short-
course (DOTS) coverage and treatment of multi-drug resistant 
tuberculosis where needed using DOTS-Plus, including funding 
for the Global Tuberculosis Drug Facility, the Stop 
Tuberculosis Partnership, and the Global Alliance for TB Drug 
Development. In order to meet the requirement of the preceding 
sentence, the President should ensure that not less than 75 
percent of the amount made available to carry out this section 
for a fiscal year should be expended for antituberculosis 
drugs, supplies, direct patient services, and training in 
diagnosis and treatment for Directly Observed Treatment Short-
course (DOTS) coverage and treatment of multi-drug resistant 
tuberculosis using DOTS-Plus, including substantially increased 
funding for the Global Tuberculosis Drug Facility.
    (f) Definitions.--In this section:
          (1) DOTS.--The term ``DOTS'' or ``Directly Observed 
        Treatment Short-course'' means the World Health 
        Organization-recommended strategy for treating 
        tuberculosis.
          (2) DOTS-plus.--The term ``DOTS-Plus'' means a 
        comprehensive tuberculosis management strategy that is 
        built upon and works as a supplement to the standard 
        DOTS strategy, and which takes into account specific 
        issues (such as use of second line anti-tuberculosis 
        drugs) that need to be addressed in areas where there 
        is high prevalence of multi-drug resistant 
        tuberculosis.
          (3) Global alliance for tuberculosis drug 
        development.--The term ``Global Alliance for 
        Tuberculosis Drug Development'' means the public-
        private partnership that brings together leaders in 
        health, science, philanthropy, and private industry to 
        devise new approaches to tuberculosis and to ensure 
        that new medications are available and affordable in 
        high tuberculosis burden countries and other affected 
        countries.
          (4) Global tuberculosis drug facility.--The term 
        ``Global Tuberculosis Drug Facility (GDF)'' means the 
        new initiative of the Stop Tuberculosis Partnership to 
        increase access to high-quality tuberculosis drugs to 
        facilitate DOTS expansion.
          (5) Stop tuberculosis partnership.--The term ``Stop 
        Tuberculosis Partnership'' means the partnership of the 
        World Health Organization, donors including the United 
        States, high tuberculosis burden countries, 
        multilateral agencies, and nongovernmental and 
        technical agencies committed to short- and long-term 
        measures required to control and eventually eliminate 
        tuberculosis as a public health problem in the world.

SEC. 104C.\35\ ASSISTANCE TO COMBAT MALARIA.

    (a) Finding.--Congress finds that malaria kills more people 
annually than any other communicable disease except 
tuberculosis, that more than 90 percent of all malaria cases 
are in sub-Saharan Africa, and that children and women are 
particularly at risk. Congress recognizes that there are cost-
effective tools to decrease the spread of malaria and that 
malaria is a curable disease if promptly diagnosed and 
adequately treated.
---------------------------------------------------------------------------
    \35\ 22 U.S.C. 2151b-4. Sec. 303(a) of the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 
108-25; 117 Stat. 711) added sec. 104C.
---------------------------------------------------------------------------
    (b) Policy.--It is a major objective of the foreign 
assistance program of the United States to provide assistance 
for the prevention, control, and cure of malaria.
    (c) Authorization.--To carry out this section and 
consistent with section 104(c), the President is authorized to 
furnish assistance, on such terms and conditions as the 
President may determine, for the prevention, treatment, 
control, and elimination of malaria.
    (d) Coordination.--In carrying out this section, the 
President shall coordinate with the World Health Organization, 
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the 
Department of Health and Human Services (the Centers for 
Disease Control and Prevention and the National Institutes of 
Health), and other organizations with respect to the 
development and implementation of a comprehensive malaria 
control program.
    Sec. 105.\36\ Education and Human Resources Development.--
(a) \37\ 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.\38\
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 2151c. Sec. 105 was added by sec. 2(3) of the FA Act 
of 1973.
    \37\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection 
designation ``(a)'' and new subsecs. (b) and (c).
    \38\ 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 2003--no authorization.
---------------------------------------------------------------------------
    (b) \37\<SUP>,</SUP> \39\ 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.\40\
---------------------------------------------------------------------------
    \39\ 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.''.
    \40\ This sentence was added by sec. 103(b) of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360).
---------------------------------------------------------------------------
    (c) \39\<SUP>,</SUP> \41\ * * * [Repealed--1979]
---------------------------------------------------------------------------
    \41\ 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).
---------------------------------------------------------------------------
    Sec. 106.\42\ Energy, Private Voluntary Organizations, and 
Selected Development Activities.--(a)(1)(A) \43\ 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.
---------------------------------------------------------------------------
    \42\ 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 2002, vol. IV, sec. L.
    \43\ 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).
---------------------------------------------------------------------------
    (B) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \42\ (1) \44\ 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.
---------------------------------------------------------------------------
    \44\ 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''.
---------------------------------------------------------------------------
    (2) \44\ 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) \45\ 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.
---------------------------------------------------------------------------
    \45\ 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).
---------------------------------------------------------------------------
    (d) \45\ 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) \46\ 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;
---------------------------------------------------------------------------
    \46\ 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.
---------------------------------------------------------------------------
          (3) \46\ programs of reconstruction following natural 
        or manmade disasters and programs of disaster 
        preparedness,\47\ including the prediction of and 
        contingency planning for natural disasters abroad;
---------------------------------------------------------------------------
    \47\ 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).
---------------------------------------------------------------------------
          (4) \46\ 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) \46\ 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) \45\ (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.\48\
---------------------------------------------------------------------------
    \48\ 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 2003--no authorization.
    Sec. 402 of the Microenterprise for Self-Reliance and International 
Anti-Corruption Act of 2000 (Public Law 106-309; 114 Stat. 1097), 
however, provided the following:
    ``SEC. 402. FUNDING OF CERTAIN ENVIRONMENTAL ASSISTANCE ACTIVITIES 
OF USAID.
    ``(a) Allocation of Funds for Certain Environmental Activities.--Of 
the amounts authorized to be appropriated for the fiscal year 2001 to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.; relating to development assistance), there is 
authorized to be available at least $60,200,000 to carry out activities 
of the type carried out by the Global Environment Center of the United 
States Agency for International Development during fiscal year 2000.
    ``(b) Allocation for Water and Coastal Resources.--Of the amounts 
made available under subsection (a), at least $2,500,000 shall be 
available for water and coastal resources activities under the natural 
resources management function specified in that subsection.''.
    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.
---------------------------------------------------------------------------
    (2) Amounts appropriated under this section are authorized 
to remain available until expended.
    (f) \49\ 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.
---------------------------------------------------------------------------
    \49\ 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).
---------------------------------------------------------------------------
    Sec. 107.\50\ 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.
---------------------------------------------------------------------------
    \50\ 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).
---------------------------------------------------------------------------
    (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.\51\ Application of Existing Provision. * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \51\ 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).
---------------------------------------------------------------------------

SEC. 108.\52\ MICROENTERPRISE DEVELOPMENT CREDITS.

    (a) Findings and Policy.--Congress finds and declares 
that--
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 2151f. Formerly titled ``Private Sector Revolving 
Fund''; amended and restated by sec. 106 of the Microenterprise for 
Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 
1085) to read ``MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS''. 
Subsequently amended by sec. 2(f) of Public Law 108-31 (117 Stat. 775) 
to read ``MICROENTERPRISE DEVELOPMENT CREDITS''. Earlier versions of 
the section were added by the 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. 972), and 
by sec. 2211 of the Omnibus Trade and Competitiveness Act of 1988 
(Public Law 100-418; 102 Stat. 1335). Previously, the section 
authorized up to $18,000,000 in each of fiscal year 1986 and fiscal 
year 1987 to be deposited in the Private Sector Revolving Fund.
---------------------------------------------------------------------------
          (1) the development of micro- and small enterprises 
        is a vital factor in the stable growth of developing 
        countries and in the development and stability of a 
        free, open, and equitable international economic 
        system; and
          (2) it is, therefore, in the best interests of the 
        United States to assist the access to financial 
        services and the development of microenterprises \53\ 
        in developing countries and to engage the United States 
        private sector in that process.
---------------------------------------------------------------------------
    \53\ Sec. 2(a) of Public Law 108-31 (117 Stat. 775) struck out 
``the development of the enterprises of the poor'' and inserted in lieu 
thereof ``the access to financial services and the development of 
microenterprises''.
---------------------------------------------------------------------------
    (b) \54\ Program.--To carry out the policy set forth in 
subsection (a), the President is authorized to provide 
assistance to increase the availability of financial services 
to microenterprise households lacking full access to credit, 
including through--
---------------------------------------------------------------------------
    \54\ Sec. 2(b) of Public Law 108-31 (117 Stat. 775) amended and 
restated subsec. (b). It formerly read as follows:
    ``Program.--To carry out the policy set forth in subsection (a), 
the President is authorized to provide assistance to increase the 
availability of credit to micro- and small enterprises lacking full 
access to credit, including through--
---------------------------------------------------------------------------

          ``(1) loans and guarantees to credit institutions for the 
        purpose of expanding the availability of credit to micro- and 
        small enterprises;
          ``(2) training programs for lenders in order to enable them 
        to better meet the credit needs of microentrepreneurs; and
          ``(3) training programs for microentrepreneurs in order to 
        enable them to make better use of credit and to better manage 
        their enterprises.''.
          (1) loans and guarantees to microfinance institutions 
        for the purpose of expanding the availability of 
        savings and credit to poor and low-income households;
          (2) training programs for microfinance institutions 
        in order to enable them to better meet the financial 
        services needs of their clients; and
          (3) training programs for clients in order to enable 
        them to make better use of credit, increase their 
        financial literacy, and to better manage their 
        enterprises to improve their quality of life.
    (c) Eligibility Criteria.--The Administrator of the agency 
primarily responsible for administering this part shall 
establish criteria for determining which microfinance 
institutions \55\ described in subsection (b)(1) are eligible 
to carry out activities, with respect to microenterprise 
households,\56\ assisted under this section. Such criteria may 
include the following:
---------------------------------------------------------------------------
    \55\ Sec. 2(c)(1)(A) of Public Law 108-31 (117 Stat. 775) struck 
out ``credit institutions'' and inserted in lieu thereof ``microfinance 
institutions''.
    \56\ Sec. 2(c)(1)(B) of Public Law 108-31 (117 Stat. 775) struck 
out ``micro- and small enterprises'' and inserted in lieu thereof 
``microenterprise households''.
---------------------------------------------------------------------------
          (1) The extent to which the recipients of financial 
        services \57\ from the entity do not have access to the 
        local formal financial sector.
---------------------------------------------------------------------------
    \57\ Sec. 2(c)(2) of Public Law 108-31 (117 Stat. 775) struck out 
``credit'' and inserted in lieu thereof ``financial services''.
---------------------------------------------------------------------------
          (2) The extent to which the recipients of financial 
        services \57\ from the entity are among the poorest 
        people in the country.
          (3) The extent to which the entity is oriented toward 
        working directly with poor women.
          (4) The extent to which the entity recovers its cost 
        of lending.
          (5) The extent to which the entity implements a plan 
        to become financially sustainable.
    (d) Additional Requirement.--Assistance provided under this 
section may only be used to support programs for 
microenterprise households \58\ and may not be used to support 
programs not directly related to the purposes described in 
subsection (b).
---------------------------------------------------------------------------
    \58\ Sec. 2(d) of Public Law 108-31 (117 Stat. 775) struck out 
``micro- and small enterprise programs'' and inserted in lieu thereof 
``programs for microenterprise households''.
---------------------------------------------------------------------------
    (e) Procurement Provision.--Assistance may be provided 
under this section without regard to section 604(a).
    (f) Availability of Funds.--
          (1) In general.--Of the amounts authorized to be 
        available to carry out section 131, there are 
        authorized to be available $1,500,000 for each of 
        fiscal years 2001 through 2004 \59\ to carry out this 
        section.\60\
---------------------------------------------------------------------------
    \59\ Sec. 2(e) of Public Law 108-31 (117 Stat. 775) struck out 
``for each of fiscal years 2001 and 2002'' and inserted in lieu thereof 
``for each of fiscal years 2001 through 2004''.
    \60\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2003 (division E of Public Law 
108-7; 117 Stat. 164), provided the following:
---------------------------------------------------------------------------

                     ``DEVELOPMENT CREDIT AUTHORITY

                    ``(including transfer of funds)
---------------------------------------------------------------------------
    ``For the cost of direct loans and loan guarantees, as authorized 
by sections 108 and 635 of the Foreign Assistance Act of 1961, funds 
may be derived by transfer from funds appropriated by this Act to carry 
out part I of such Act and under the heading `Assistance for Eastern 
Europe and the Baltic States': Provided, That such funds when added to 
the funds transferred pursuant to the authority contained under this 
heading in Public Law 107-115, shall not exceed $24,500,000, which 
shall be made available only for micro and small enterprise programs, 
urban programs, and other programs which further the purposes of part I 
of the Act: Provided further, That such costs shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading. In addition, for administrative expenses to carry 
out credit programs administered by the United States Agency for 
International Development, $7,591,000, which may be transferred to and 
merged with the appropriation for Operating Expenses of the United 
States Agency for International Development: Provided further, That 
funds made available under this heading shall remain available until 
September 30, 2007.''.
---------------------------------------------------------------------------
          (2) Coverage of subsidy costs.--Amounts authorized to 
        be available under paragraph (1) shall be made 
        available to cover the subsidy cost, as defined in 
        section 502(5) of the Federal Credit Reform Act of 
        1990, for activities under this section.
    Sec. 109.\61\ Transfer of Funds.--Whenever \62\ 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).\63\
---------------------------------------------------------------------------
    \61\ 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, 2003 (division E of Public Law 108-7; 117 
Stat. 182), provided the following:
---------------------------------------------------------------------------

                      ``TRANSFERS BETWEEN ACCOUNTS
---------------------------------------------------------------------------
    ``Sec. 509. (a) None of the funds made available by this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    ``(b) Notwithstanding subsection (a), in addition to transfers made 
by, or authorized elsewhere in, this Act, funds appropriated by this 
Act to carry out the purposes of the Foreign Assistance Act of 1961 may 
be allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    ``(c) 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, not less than five days 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.
    ``(d) Any agreement for the transfer or allocation of funds 
appropriated by this Act, or prior Acts, entered into between the 
United States Agency for International Development and another agency 
of the United States Government under the authority of section 632(a) 
of the Foreign Assistance Act of 1961 or any comparable provision of 
law, shall expressly provide that the Office of the Inspector General 
for the agency receiving the transfer or allocation of such funds shall 
perform periodic program and financial audits of the use of such funds: 
Provided, That funds transferred under such authority may be made 
available for the cost of such audits.''.
    \62\ The words ``Notwithstanding sec. 108 of this Act,'' that had 
previously appeared before ``whenever,'' were struck by sec. 
102(g)(2)(K)(ii) of the International Development and Food Assistance 
Act of 1978 (92 Stat. 943).
    \63\ 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).
---------------------------------------------------------------------------
    Sec. 110.\64\ 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.\65\
---------------------------------------------------------------------------
    \64\ 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',''.
    See also in this Act, sec. 124(d).
    \65\ 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'.''.
---------------------------------------------------------------------------
    Sec. 111.\66\ 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 \67\ of cooperatives in the less developed countries which 
will enable and encourage greater numbers of the poor to help 
themselves toward a better life.\68\ In meeting the requirement 
of the preceding sentence, specific priority shall be given to 
the following: \69\
---------------------------------------------------------------------------
    \66\ 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.''.
    \67\ 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).
    \68\ 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).
    \69\ Sec. 401(c)(2) of the Support for Overseas Cooperative 
Development Act (sec. 401 of Public Law 106-309; 114 Stat. 1097) added 
this sentence and paras. (1) through (4). Sec. 401(d) of that Act 
provided the following:
    ``(d) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Administrator of the United States Agency 
for International Development, in consultation with the heads of other 
appropriate agencies, shall prepare and submit to Congress a report on 
the implementation of section 111 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151i), as amended by subsection (c).''.
---------------------------------------------------------------------------
          (1) Agriculture.--Technical assistance to low income 
        farmers who form and develop member-owned cooperatives 
        for farm supplies, marketing and value-added 
        processing.
          (2) Financial systems.--The promotion of national 
        credit union systems through credit union-to-credit 
        union technical assistance that strengthens the ability 
        of low income people and micro-entrepreneurs to save 
        and to have access to credit for their own economic 
        advancement.
          (3) Infrastructure.--The support of rural electric 
        and telecommunication cooperatives for access for rural 
        people and villages that lack reliable electric and 
        telecommunications services.
          (4) Housing and community services.--The promotion of 
        community-based cooperatives which provide employment 
        opportunities and important services such as health 
        clinics, self-help shelter, environmental improvements, 
        group-owned businesses, and other activities.
    Sec. 112.\70\ Prohibiting Police Training. * * * 
[Repealed--1974]
---------------------------------------------------------------------------
    \70\ 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'').
---------------------------------------------------------------------------
    Sec. 113.\71\ 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.
---------------------------------------------------------------------------
    \71\ 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).
---------------------------------------------------------------------------
    (b) \71\ (1) Up to $10,000,000 of the funds made available 
each fiscal year under this chapter and chapter 10 of this part 
\72\ 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.
---------------------------------------------------------------------------
    \72\ 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.
---------------------------------------------------------------------------
    (2) Nothing in this section shall be construed to authorize 
the establishment of a separate development assistance program 
for women.
    (c) \71\ 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.\73\ Limiting Use of Funds for Abortions or 
Involuntary Sterilization. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \73\ 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.
---------------------------------------------------------------------------
    Sec. 115.\74\ Prohibiting Use of Funds for Certain 
Countries. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \74\ 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).
---------------------------------------------------------------------------
    Sec. 116.\75\ 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,\76\ 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.
---------------------------------------------------------------------------
    \75\ 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, 2002: sec. 534, 
relating to special authorities; and sec. 537, relating to eligibility 
for assistance.
    \76\ 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).
---------------------------------------------------------------------------
    (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 \77\ 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.
---------------------------------------------------------------------------
    \77\ 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.
---------------------------------------------------------------------------
  (b) \78\ 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.
---------------------------------------------------------------------------
    \78\ Sec. 599D of the of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2066), added this second subsec. (b).
---------------------------------------------------------------------------
    (c) \79\ 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 \80\ and in consultation with the Ambassador at Large for 
International Religious Freedom--\81\
---------------------------------------------------------------------------
    \79\ 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.''.
    \80\ 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).
    \81\ 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''.
---------------------------------------------------------------------------
          (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; \82\
---------------------------------------------------------------------------
    \82\ 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).
---------------------------------------------------------------------------
          (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 \82\
          (3) \82\ 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) \79\ 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 \83\ of each 
year, a full and complete report regarding--
---------------------------------------------------------------------------
    \83\ 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''.
---------------------------------------------------------------------------
          (1) \84\ the status of internationally recognized 
        human rights, within the meaning of subsection (a)--
---------------------------------------------------------------------------
    \84\ 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.
---------------------------------------------------------------------------
                  (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) \85\ wherever applicable, practices regarding 
        coercion in population control, including coerced 
        abortion and involuntary sterilization;
---------------------------------------------------------------------------
    \85\ 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 
86.
---------------------------------------------------------------------------
          (3) \86\ the status of child labor practices in each 
        country, including--
---------------------------------------------------------------------------
    \86\ 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).
---------------------------------------------------------------------------
                  (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) \85\<SUP>,</SUP> \86\ 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) \85\ the extent to which each country has 
        extended protection to refugees, including the 
        provision of first asylum and resettlement; \87\
---------------------------------------------------------------------------
    \87\ 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).
---------------------------------------------------------------------------
          (6) \85\<SUP>,</SUP> \87\ the steps the Administrator 
        has taken to alter United States programs under this 
        part in any country because of human rights 
        considerations;
          (7) \86\<SUP>,</SUP> \87\ wherever applicable, 
        violations of religious freedom, including particularly 
        severe violations of religious freedom (as defined in 
        section 3 of the International Religious Freedom Act of 
        1998);
          (8) \87\ 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);
          (9) \88\ for each country with respect to which the 
        report indicates that extrajudicial killings, torture, 
        or other serious violations of human rights have 
        occurred in the country, the extent to which the United 
        States has taken or will take action to encourage an 
        end to such practices in the country; and
---------------------------------------------------------------------------
    \88\ Sec. 665(a) of the Freedom Investment Act of 2002 (subtitle E 
of title VI of the Foreign Relations Authorization Act, Fiscal Year 
2002; Public Law 107-228; 116 Stat. 1406) struck out ``and'' at the end 
of para. (7); replaced a period at the end of para. (8) with ``; and''; 
and added a new para. (9). Sec. 665(c) of that Act further provided the 
following:
    ``(c) Separate Report.--The information to be included in the 
report required by sections 116(d) and 502B(b) of the Foreign 
Assistance Act of 1961 pursuant to the amendments made by subsections 
(a) and (b) may be submitted by the Secretary as a separate report. If 
the Secretary elects to submit such information as a separate report, 
such report shall be submitted not later than 30 days after the date of 
submission of the report required by section 116(d) and 502B(b) of the 
Foreign Assistance Act of 1961.''.
---------------------------------------------------------------------------
          (10) \89\ (A) wherever applicable, a description of 
        the nature and extent)--
---------------------------------------------------------------------------
    \89\ Sec. 683(a) of the Freedom Investment Act of 2002 (subtitle E 
of title VI of the Foreign Relations Authorization Act, Fiscal Year 
2002; Public Law 107-228; 116 Stat. 1410) struck out ``and'' at the end 
of para. (8); replaced a period at the end of para (9) with ``; and ''; 
and added a new para. (10).
---------------------------------------------------------------------------
                  (i) of the compulsory recruitment and 
                conscription of individuals under the age of 18 
                by armed forces of the government of the 
                country, government-supported paramilitaries, 
                or other armed groups, and the participation of 
                such individuals in such groups; and
                  (ii) that such individuals take a direct part 
                in hostilities;
          (B) what steps, if any, taken by the government of 
        the country to eliminate such practices; and
          (C) such other information related to the use by such 
        government of individuals under the age of 18 as 
        soldiers, as determined to be appropriate by the 
        Secretary.
    (e) \79\<SUP>,</SUP> \90\ 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,\91\ 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,\92\ 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.
---------------------------------------------------------------------------
    \90\ 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.''.
    \91\ 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''.
    \92\ 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:
---------------------------------------------------------------------------

          ``(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) \93\ (1) The report required by subsection (d) shall 
include the following:
---------------------------------------------------------------------------
    \93\ Sec. 104(a) of the Trafficking Victims Protection Act of 2000 
(division A of Public Law 106-386; 114 Stat. 1471) amended and restated 
subsec. (f). Originally added by 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), the subsec. formerly read as follows:
    ``(f) (1) The report required by subsection (d) shall include--
---------------------------------------------------------------------------

          ``(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).''.
          (A) A description of the nature and extent of severe 
        forms of trafficking in persons, as defined in section 
        103 of the Trafficking Victims Protection Act of 2000, 
        in each foreign country.
          (B) With respect to each country that is a country of 
        origin, transit, or destination for victims of severe 
        forms of trafficking in persons, an assessment of the 
        efforts by the government of that country to combat 
        such trafficking. The assessment shall address the 
        following:
                  (i) Whether government authorities in that 
                country participate in, facilitate, or condone 
                such trafficking.
                  (ii) Which government authorities in that 
                country are involved in activities to combat 
                such trafficking.
                  (iii) What steps the government of that 
                country has taken to prohibit government 
                officials from participating in, facilitating, 
                or condoning such trafficking, including the 
                investigation, prosecution, and conviction of 
                such officials.
                  (iv) What steps the government of that 
                country has taken to prohibit other individuals 
                from participating in such trafficking, 
                including the investigation, prosecution, and 
                conviction of individuals involved in severe 
                forms of trafficking in persons, the criminal 
                and civil penalties for such trafficking, and 
                the efficacy of those penalties in eliminating 
                or reducing such trafficking.
                  (v) What steps the government of that country 
                has taken to assist victims of such 
                trafficking, including efforts to prevent 
                victims from being further victimized by 
                traffickers, government officials, or others, 
                grants of relief from deportation, and 
                provision of humanitarian relief, including 
                provision of mental and physical health care 
                and shelter.
                  (vi) Whether the government of that country 
                is cooperating with governments of other 
                countries to extradite traffickers when 
                requested, or, to the extent that such 
                cooperation would be inconsistent with the laws 
                of such country or with extradition treaties to 
                which such country is a party, whether the 
                government of that country is taking all 
                appropriate measures to modify or replace such 
                laws and treaties so as to permit such 
                cooperation.
                  (vii) Whether the government of that country 
                is assisting in international investigations of 
                transnational trafficking networks and in other 
                cooperative efforts to combat severe forms of 
                trafficking in persons.
                  (viii) Whether the government of that country 
                refrains from prosecuting victims of severe 
                forms of trafficking in persons due to such 
                victims having been trafficked, and refrains 
                from other discriminatory treatment of such 
                victims.
                  (ix) Whether the government of that country 
                recognizes the rights of victims of severe 
                forms of trafficking in persons and ensures 
                their access to justice.
          (C) Such other information relating to trafficking in 
        persons as the Secretary of State considers 
        appropriate.
    (2) In compiling data and making assessments for the 
purposes of paragraph (1), United States diplomatic mission 
personnel shall consult with human rights organizations and 
other appropriate nongovernmental organizations.
    Sec. 117.\94\ Assistance for Disadvantaged South Africans. 
* * * [Repealed--1993]
---------------------------------------------------------------------------
    \94\ 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.
---------------------------------------------------------------------------
    Sec. 117.\95\ 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.
---------------------------------------------------------------------------
    \95\ 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, 2003 (division E of Public Law 
108-7; 117 Stat. 185), 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''.
---------------------------------------------------------------------------
    (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,\96\ 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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.\97\ Tropical Forests.
---------------------------------------------------------------------------
    \97\ 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 95.
---------------------------------------------------------------------------
    (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) \98\ Annual Report.--Each annual report required by 
section 634(a) of this Act shall include a report on the 
implementation of this section.
---------------------------------------------------------------------------
    \98\ 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.''.
---------------------------------------------------------------------------
    Sec. 119.\99\ Renewable and Unconventional Energy 
Technologies. * * * [Repealed--1980]
---------------------------------------------------------------------------
    \99\ 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.
---------------------------------------------------------------------------
    Sec. 119.\100\ 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.
---------------------------------------------------------------------------
    \100\ 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).
---------------------------------------------------------------------------
    (b) \100\ In order to preserve biological diversity, the 
President is authorized to furnish assistance under this part, 
notwithstanding section 660,\101\ 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.
---------------------------------------------------------------------------
    \101\ 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.
---------------------------------------------------------------------------
    (c) \102\ 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.
---------------------------------------------------------------------------
    \102\ Pars. (c) through (h) were added by sec. 302 of Public Law 
99-529 (100 Stat. 3017).
---------------------------------------------------------------------------
    (d) \102\ 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) \102\ 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) \102\ 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) \102\ 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) \102\ 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.\103\ Sahel Development Program--Planning.--(a) 
The Congress reaffirms its support of \104\ 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.
---------------------------------------------------------------------------
    \103\ 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).
    \104\ 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).
---------------------------------------------------------------------------
    (b) \105\ The President is authorized to develop a long-
term comprehensive development program for the Sahel and other 
drought-stricken nations in Africa.
---------------------------------------------------------------------------
    \105\ 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).
---------------------------------------------------------------------------
    (c) \105\ 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) \105\ * * * [Repealed--1978]
    Sec. 121.\106\ Sahel Development Program--Implementation. * 
* * [Repealed--1990]
---------------------------------------------------------------------------
    \106\ 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.''.
---------------------------------------------------------------------------
    Sec. 122.\107\ 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.
---------------------------------------------------------------------------
    \107\ 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.
---------------------------------------------------------------------------
    (b) \107\ 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) \108\ 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.
---------------------------------------------------------------------------
    \108\ 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).
---------------------------------------------------------------------------
    (d) \108\ 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) \109\ 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.
---------------------------------------------------------------------------
    \109\ 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).
---------------------------------------------------------------------------
    Sec. 123.\110\ 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.\111\ 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.\112\
---------------------------------------------------------------------------
    \110\ 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).
    Sec. 502 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 
Stat. 180; 22 U.S.C. 2151u note), provided the following:
---------------------------------------------------------------------------

                 ``PRIVATE AND VOLUNTARY ORGANIZATIONS
---------------------------------------------------------------------------
    ``Sec. 502. (a) 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 United States Agency for International 
Development, after informing the Committees on Appropriations, may, on 
a case-by-case basis, waive the restriction contained in 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.
    ``(b) 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.''.
    \111\ 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).
    \112\ 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).
---------------------------------------------------------------------------
    (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 \113\ 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.\114\
---------------------------------------------------------------------------
    \113\ 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.
    \114\ 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).
---------------------------------------------------------------------------
    (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) \115\ 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 \116\ 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.
---------------------------------------------------------------------------
    \115\ 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, 2003 (division E of 
Public Law 108-7; 117 Stat. 195), in section 537.
    \116\ 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''.
---------------------------------------------------------------------------
    (f) \117\ For each of the fiscal years 1986 through 1989 
\118\ 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.\118\
---------------------------------------------------------------------------
    \117\ 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.''.
    \118\ 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.
---------------------------------------------------------------------------
    (g) \117\ * * * [Repealed--1998]
    (h) \119\ 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.
---------------------------------------------------------------------------
    \119\ Subsec. (h) was added by sec. 310 of Public Law 99-83 (99 
Stat. 190).
---------------------------------------------------------------------------
    Sec. 124.\120\ 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.
---------------------------------------------------------------------------
    \120\ 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).
---------------------------------------------------------------------------
    (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) \121\ (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--
---------------------------------------------------------------------------
    \121\ 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.
---------------------------------------------------------------------------
          (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.\122\
---------------------------------------------------------------------------
    \122\ 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).
---------------------------------------------------------------------------
    (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.\123\ 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.
---------------------------------------------------------------------------
    \123\ 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).
---------------------------------------------------------------------------
    (b) \124\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \124\ 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.
---------------------------------------------------------------------------
    Sec. 126.\125\ 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.
---------------------------------------------------------------------------
    \125\ 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).
---------------------------------------------------------------------------
    (b)(1) \126\ In planning programs of assistance under this 
chapter, and chapter 10 of this part,\126\ and under chapter 4 
of part II \126\ 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.
---------------------------------------------------------------------------
    \126\ 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,''.
---------------------------------------------------------------------------
    (2) \126\ 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.\127\ 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 \128\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.
---------------------------------------------------------------------------
    \127\ 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.
    \128\ 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.
---------------------------------------------------------------------------
    Sec. 128.\129\ 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.
---------------------------------------------------------------------------
    \129\ 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.
---------------------------------------------------------------------------
    (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.\130\ 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.
---------------------------------------------------------------------------
    \130\ 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 II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117 
Stat. 172, 175), provided the following:
---------------------------------------------------------------------------

                         ``Department of State

         ``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
---------------------------------------------------------------------------
    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $197,000,000, to remain available until 
expended: Provided, That during fiscal year 2003, the Department of 
State may also use the authority of section 608 of the Foreign 
Assistance Act of 1961, without regard to its restrictions, to receive 
excess property from an agency of the United States Government for the 
purpose of providing it to a foreign country under chapter 8 of part I 
of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading, not less than $5,000,000 shall be 
apportioned directly to the Department of the Treasury, International 
Affairs Technical Assistance, to be used for financial crimes and law 
enforcement technical assistance programs: Provided further, That of 
the funds appropriated under this heading, $10,000,000 should be made 
available for the demand reduction program: Provided further, That of 
the funds appropriated under this heading, $10,000,000 should be made 
available for anti-trafficking in persons programs, including 
trafficking prevention, protection and assistance for victims, and 
prosecution of traffickers: Provided further, That of the funds 
appropriated under this heading, not more than $24,180,000 may be 
available for administrative expenses.
---------------------------------------------------------------------------
          * * * * * * *

                      ``Department of the Treasury

              ``INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
---------------------------------------------------------------------------
    ``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), $10,800,000, to remain 
available until expended, which shall be available notwithstanding any 
other provision of law.''.
---------------------------------------------------------------------------
          (2) Role of secretary of state.--The Secretary of 
        State shall provide foreign policy guidance to the 
        Secretary to ensure that the program established under 
        this subsection is effectively integrated into the 
        foreign policy of the United States.
    (b) Conduct of Program.--
          (1) In general.--In carrying out the program 
        established under subsection (a), the Secretary shall 
        provide economic and financial technical assistance to 
        foreign governments and foreign central banks of 
        developing and transitional countries by providing 
        advisers with appropriate expertise to advance the 
        enactment of laws and establishment of administrative 
        procedures and institutions in such countries to 
        promote macroeconomic and fiscal stability, efficient 
        resource allocation, transparent and market-oriented 
        processes and sustainable private sector growth.
          (2) Additional requirements.--To the extent 
        practicable, such technical assistance shall be 
        designed to establish--
                  (A) tax systems that are fair, objective, and 
                efficiently gather sufficient revenues for 
                governmental operations;
                  (B) debt issuance and management programs 
                that rely on market forces;
                  (C) budget planning and implementation that 
                permits responsible fiscal policy management;
                  (D) commercial banking sector development 
                that efficiently intermediates between savers 
                and investors; and
                  (E) financial law enforcement to protect the 
                integrity of financial systems, financial 
                institutions, and government programs.
          (3) \131\ Emphasis on anti-corruption.--Such 
        technical assistance shall include elements designed to 
        combat anti-competitive, unethical, and corrupt 
        activities, including protection against actions that 
        may distort or inhibit transparency in market 
        mechanisms and, to the extent applicable, privatization 
        procedures.
---------------------------------------------------------------------------
    \131\ Sec. 204 of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
added para. (3).
---------------------------------------------------------------------------
    (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.\132\ ASSISTANCE FOR VICTIMS OF TORTURE.

    (a) In General.--The President is authorized to provide 
assistance for the rehabilitation of victims of torture.
---------------------------------------------------------------------------
    \132\ 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.
    Sec. 2 of the Torture Victims Relief Reauthorization Act of 1999 
(Public Law 106-87; 113 Stat. 1301) provided the following:
    ``SEC. 2. FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE.
    ``(a) Authorization of Appropriations.--Of the amounts authorized 
to be appropriated for fiscal years 2001, 2002, and 2003 pursuant to 
chapter 1 of part I of the Foreign Assistance Act of 1961, there are 
authorized to be appropriated to the President $10,000,000 for fiscal 
year 2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal 
year 2003 to carry out section 130 of the Foreign Assistance Act of 
1961.
    ``(b) Availability of Funds.--Amounts appropriated pursuant to this 
section shall remain available until expended.''.
    See also legislation relating to torture victims relief in 
Legislation on Foreign Relations Through 2002, vol. I-B.
---------------------------------------------------------------------------
    (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).

SEC. 131.\133\ MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
    (a) \134\ Findings and Policy.--Congress finds and declares 
that--
---------------------------------------------------------------------------
    \133\ 22 U.S.C. 2152a. Added by sec. 105 of the Microenterprise for 
Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 
1082). Sec. 108 of that Act (114 Stat. 1087) provided the following:
    ``SEC. 108. REPORT RELATING TO FUTURE DEVELOPMENT OF 
MICROENTERPRISE INSTITUTIONS.
    ``(a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report on the most cost-effective methods 
and measurements for increasing the access of poor people overseas to 
credit, other financial services, and related training.
    ``(b) Contents.--The report described in subsection (a)--
---------------------------------------------------------------------------

          ``(1) shall include how the President, in consultation with 
        the Administrator of the United States Agency for International 
        Development, the Secretary of State, and the Secretary of the 
        Treasury, will develop a comprehensive strategy for advancing 
        the global microenterprise sector in a way that maintains 
        market principles while ensuring that the very poor overseas, 
        particularly women, obtain access to financial services 
        overseas;
          ``(2) shall provide guidelines and recommendations for--

                  ``(A) instruments to assist microenterprise networks 
                to develop multi-country and regional microlending 
                programs;
                  ``(B) technical assistance to foreign governments, 
                foreign central banks, and regulatory entities to 
                improve the policy environment for microfinance 
                institutions, and to strengthen the capacity of 
                supervisory bodies to supervise microfinance 
                institutions;
                  ``(C) the potential for Federal chartering of United 
                States-based international microfinance network 
                institutions, including proposed legislation;
                  ``(D) instruments to increase investor confidence in 
                microfinance institutions which would strengthen the 
                long-term financial position of the microfinance 
                institutions and attract capital from private sector 
                entities and individuals, such as a rating system for 
                microfinance institutions and local credit bureaus;
                  ``(E) an agenda for integrating microfinance into 
                United States foreign policy initiatives seeking to 
                develop and strengthen the global finance sector; and
                  ``(F) innovative instruments to attract funds from 
                the capital markets, such as instruments for leveraging 
                funds from the local commercial banking sector, and the 
                securitization of microloan portfolios; and

          ``(3) shall include a section that assesses the need for a 
        microenterprise accelerated growth fund and that includes--

                  ``(A) a description of the benefits of such a fund;
                  ``(B) an identification of which microenterprise 
                institutions might become eligible for assistance from 
                such fund;
                  ``(C) a description of how such a fund could be 
                administered;
                  ``(D) a recommendation on which agency or agencies of 
                the United States Government should administer the fund 
                and within which such agency the fund should be 
                located; and
                  ``(E) a recommendation on how soon it might be 
                necessary to establish such a fund in order to provide 
                the support necessary for microenterprise institutions 
                involved in microenterprise development.
---------------------------------------------------------------------------
    ``(c) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate.''.
    \134\ Sec. 3(a) of Public Law 108-31 (117 Stat. 775) amended and 
restated subsec. (a). It formerly read as follows:
    ``(a) Findings and Policy.--Congress finds and declares that--
---------------------------------------------------------------------------

          ``(1) the development of microenterprise is a vital factor in 
        the stable growth of developing countries and in the 
        development of free, open, and equitable international economic 
        systems;
          ``(2) it is therefore in the best interest of the United 
        States to assist the development of microenterprises in 
        developing countries; and
          ``(3) the support of microenterprise can be served by 
        programs providing credit, savings, training, technical 
        assistance, and business development services.''.
          (1) access to financial services and the development 
        of microenterprise are vital factors in the stable 
        growth of developing countries and in the development 
        of free, open, and equitable international economic 
        systems;
          (2) it is therefore in the best interest of the 
        United States to facilitate access to financial 
        services and assist the development of microenterprise 
        in developing countries;
          (3) access to financial services and the development 
        of microenterprises can be supported by programs 
        providing credit, savings, training, technical 
        assistance, business development services, and other 
        financial and non-financial services; and
          (4) given the relatively high percentage of 
        populations living in rural areas of developing 
        countries, and the combined high incidence of poverty 
        in rural areas and growing income inequality between 
        rural and urban markets, microenterprise programs 
        should target both rural and urban poor.
    (b) Authorization.--
          (1) In general.--In carrying out this part, the 
        President is authorized to provide grant assistance for 
        programs to increase the availability of credit and 
        other services to microenterprises lacking full access 
        to capital training, technical assistance, and business 
        development services, through--
                  (A) grants to microfinance institutions for 
                the purpose of expanding the availability of 
                credit, savings, and other financial services 
                to microentrepreneurs;
                  (B) grants to microenterprise institutions 
                for the purpose of training, technical 
                assistance, and business development services 
                for microenterprises to enable them to make 
                better use of credit, to better manage their 
                enterprises, and to increase their income and 
                build their assets;
                  (C) capacity-building for microenterprise 
                institutions in order to enable them to better 
                meet the credit and training needs of 
                microentrepreneurs; and
                  (D) policy and regulatory programs at the 
                country level that improve the environment for 
                microentrepreneurs and microenterprise 
                institutions that serve the poor and very poor.
          (2) Implementation.--Assistance authorized under 
        paragraph (1)(A) and (B) shall be provided through 
        organizations that have a capacity to develop and 
        implement microenterprise programs, including 
        particularly--
                  (A) United States and indigenous private and 
                voluntary organizations;
                  (B) United States and indigenous credit 
                unions and cooperative organizations; or
                  (C) other indigenous governmental and 
                nongovernmental organizations.
          (3) Targeted assistance.--In carrying out sustainable 
        poverty-focused programs under paragraph (1), 50 
        percent of all microenterprise resources shall be 
        targeted to very poor entrepreneurs, defined as those 
        living in the bottom 50 percent below the poverty line 
        as established by the national government of the 
        country. Specifically, such resources shall be used 
        for--
                  (A) direct support of programs under this 
                subsection through practitioner institutions 
                that--
                          (i) provide credit and other 
                        financial services to clients \135\ who 
                        are very poor, with loans in 1995 
                        United States dollars of--
---------------------------------------------------------------------------
    \135\ Sec. 3(b)(1) of Public Law 108-31 (117 Stat. 775) struck out 
``entrepreneurs'' and inserted in lieu thereof ``clients''.
---------------------------------------------------------------------------
                                  (I) $1,000 or less in the 
                                Europe and Eurasia region;
                                  (II) $400 or less in the 
                                Latin America region; and
                                  (III) $300 or less in the 
                                rest of the world; and
                          (ii) can cover their costs in a 
                        reasonable time period; or
                  (B) demand-driven business development 
                programs that achieve reasonable cost recovery 
                that are provided to clients holding poverty 
                loans (as defined by the regional poverty loan 
                limitations in subparagraph (A)(i)), whether 
                they are provided by microfinance institutions 
                or by specialized business development services 
                providers.
          (4) Support for central mechanisms.--The President 
        should continue support for central mechanisms and 
        missions, as appropriate, that--
                  (A) provide technical support for field 
                missions;
                  (B) strengthen the institutional development 
                of the intermediary organizations described in 
                paragraph (2);
                  (C) share information relating to the 
                provision of assistance authorized under 
                paragraph (1) between such field missions and 
                intermediary organizations; and
                  (D) support the development of nonprofit 
                global microfinance networks, including credit 
                union systems, that--
                          (i) are able to deliver financial 
                        services to poor entrepreneurs \136\ 
                        through a significant grassroots 
                        infrastructure based on market 
                        principles; and
---------------------------------------------------------------------------
    \136\ Sec. 3(b)(2)(A) of Public Law 108-31 (117 Stat. 775) struck 
out ``very small loans'' and inserted in lieu thereof ``financial 
services to poor entrepreneurs''.
---------------------------------------------------------------------------
                          (ii) act as wholesale intermediaries 
                        providing a range of services to 
                        microenterprise \137\ retail 
                        institutions, including financing, 
                        technical assistance, capacity-
                        building, and safety and soundness 
                        accreditation.
---------------------------------------------------------------------------
    \137\ Sec. 3(b)(2)(B) of Public Law 108-31 (117 Stat. 775) struck 
out ``microfinance'' and inserted in lieu thereof ``microenterprise''.
---------------------------------------------------------------------------
          (5) Limitation.--Assistance provided under this 
        subsection may only be used to support microenterprise 
        programs and may not be used to support programs not 
        directly related to the purposes described in paragraph 
        (1).
    (c) Monitoring System.--In order to maximize the 
sustainable development impact of the assistance authorized 
under subsection (b)(1), the Administrator of the agency 
primarily responsible for administering this part shall 
establish a monitoring system that--
          (1) establishes performance goals for such assistance 
        and expresses such goals in an objective and 
        quantifiable form, to the extent feasible;
          (2) establishes performance indicators to be used in 
        measuring or assessing the achievement of the goals and 
        objectives of such assistance;
          (3) provides a basis for recommendations for 
        adjustments to such assistance to enhance the 
        sustainable development impact of such assistance, 
        particularly the impact of such assistance on the very 
        poor, particularly poor women; and
          (4) \138\ adopts the widespread use of proven and 
        effective poverty assessment tools to successfully 
        identify the very poor and ensure that they receive 
        needed microenterprise loans, savings, and assistance.
---------------------------------------------------------------------------
    \138\ Sec. 3(c) of Public Law 108-31 (117 Stat. 775) amended and 
restated para. (4), which formerly read as follows:
    ``(4) provides a basis for recommendations for adjustments to 
measures for reaching the poorest of the poor, including proposed 
legislation containing amendments to enhance the sustainable 
development impact of such assistance, as described in paragraph 
(3).''.
---------------------------------------------------------------------------
    (d) \139\ Development and Certification of Poverty 
Measurement Methods; Application of Methods.--
---------------------------------------------------------------------------
    \139\ Sec. 3(d) of Public Law 108-31 (117 Stat. 775) redesignated 
subsecs. (d) and (e) as subsecs. (e) and (f), respectively, and added a 
new subsec. (d).
---------------------------------------------------------------------------
          (1) Development and certification.--(A) The 
        Administrator of the United States Agency for 
        International Development, in consultation with 
        microenterprise institutions and other appropriate 
        organizations, shall develop no fewer than two low-cost 
        methods for partner institutions to use to assess the 
        poverty levels of their current or prospective clients. 
        The United States Agency for International Development 
        shall develop poverty indicators that correlate with 
        the circumstances of the very poor.
          (B) The Administrator shall field-test the methods 
        developed under subparagraph (A). As part of the 
        testing, institutions and programs may use the methods 
        on a voluntary basis to demonstrate their ability to 
        reach the very poor.
          (C) Not later than October 1, 2004, the Administrator 
        shall, from among the low-cost poverty measurement 
        methods developed under subparagraph (A), certify no 
        fewer than two such methods as approved methods for 
        measuring the poverty levels of current or prospective 
        clients of microenterprise institutions for purposes of 
        assistance under this section.
          (2) Application.--The Administrator shall require 
        that, with reasonable exceptions, all organizations 
        applying for microenterprise assistance under this Act 
        use one of the certified methods, beginning no later 
        than October 1, 2005, to determine and report the 
        poverty levels of current or prospective clients.
    (e) \139\ Level of Assistance.--Of the funds made available 
under this part, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, including local 
currencies derived from such funds, there are authorized to be 
available $155,000,000 for each of the fiscal years 2001 and 
2002 and $175,000,000 for fiscal year 2003 and $200,000,000 for 
fiscal year 2004,\140\ to carry out this section.
---------------------------------------------------------------------------
    \140\ Sec. 3(e) of Public Law 108-31 (117 Stat. 775) added ``and 
$175,000,000 for fiscal year 2003 and $200,000,000 for fiscal year 
2004''.
---------------------------------------------------------------------------
    (f) \139\ Definitions.--In this section:
          (1) Business development services.--The term 
        ``business development services'' means support for the 
        growth of microenterprises through training, technical 
        assistance, marketing assistance, improved production 
        technologies, and other services.
          (2) Microenterprise institution.--The term 
        ``microenterprise institution'' means an institution 
        that provides services, including microfinance, 
        training, or business development services, for 
        microentrepreneurs.
          (3) Microfinance institution.--The term 
        ``microfinance institution'' means an institution that 
        directly provides, or works to expand, the availability 
        of credit, savings, and other financial services to 
        microentrepreneurs.
          (4) Practitioner institution.--The term 
        ``practitioner institution'' means any institution that 
        provides services, including microfinance, training, or 
        business development services, for microentrepreneurs, 
        or provides assistance to microenterprise institutions.
          (5) \141\ Very poor.--The term ``very poor'' means 
        those individuals--
---------------------------------------------------------------------------
    \141\ Sec. 3(f) of Public Law 108-31 (117 Stat. 775) added para. 
(5). Sec. 4 of that Act required the following:
    ``SEC. 4. REPORT TO CONGRESS.
    ``(a) In General.--Not later than September 30, 2005, the 
Administrator of the United States Agency for International Development 
shall submit to Congress a report that documents the process of 
developing and applying poverty assessment procedures with its 
partners.
    ``(b) Reports for Fiscal Year 2006 and Beyond.--Beginning with 
fiscal year 2006, the Administrator of the United States Agency for 
International Development shall annually submit to Congress on a timely 
basis a report that addresses the United States Agency for 
International Development's compliance with the Microenterprise for 
Self-Reliance Act of 2000 by documenting--
---------------------------------------------------------------------------

          ``(1) the percentage of its resources that were allocated to 
        the very poor (as defined in paragraph (5) of section 131(f) of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(f)(5))) 
        based on the data collected from its partners using the 
        certified methods; and
          ``(2) the absolute number of the very poor reached.''.
                  (A) living in the bottom 50 percent below the 
                poverty line established by the national 
                government of the country in which those 
                individuals live; or
                  (B) living on less than the equivalent of $1 
                per day.

SEC. 132.\142\ UNITED STATES MICROFINANCE LOAN FACILITY.

    (a) Establishment.--The Administrator is authorized to 
establish a United States Microfinance Loan Facility (in this 
section referred to as the ``Facility'') to pool and manage the 
risk from natural disasters, war or civil conflict, national 
financial crisis, or short-term financial movements that 
threaten the long-term development of United States-supported 
microfinance institutions.
---------------------------------------------------------------------------
    \142\ 22 U.S.C. 2152b. Added by sec. 107(a) of the Microenterprise 
for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 
1086). Sec. 107(b) of that Act provided the following:
    ``(b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Administrator of the United States Agency 
for International Development shall submit to the Committee on Foreign 
Relations of the Senate and the committee on International Relations of 
the House of Representatives a report on the policies, rules, and 
regulations of the United States Microfinance Loan Facility, 
established under section 132 of the Foreign Assistance Act of 1961, as 
added by subsection (a).''.
---------------------------------------------------------------------------
    (b) Disbursements.--
          (1) In general.--The Administrator shall make 
        disbursements from the Facility to United States-
        supported microfinance institutions to prevent the 
        bankruptcy of such institutions caused by--
                  (A) natural disasters;
                  (B) national wars or civil conflict; or
                  (C) national financial crisis or other short-
                term financial movements that threaten the 
                long-term development of United States-
                supported microfinance institutions.
          (2) Form of assistance.--Assistance under this 
        section shall be in the form of loans or loan 
        guarantees for microfinance institutions that 
        demonstrate the capacity to resume self-sustained 
        operations within a reasonable time period.
          (3) Congressional notification procedures.--During 
        each of the fiscal years 2001 and 2002, funds may not 
        be made available from the Facility until 15 days after 
        notification of the proposed availability of the funds 
        has been provided to the congressional committees 
        specified in section 634A in accordance with the 
        procedures applicable to reprogramming notifications 
        under that section.
    (c) General Provisions.--
          (1) Policy provisions.--In providing the credit 
        assistance authorized by this section, the 
        Administrator should apply, as appropriate, the policy 
        provisions in this part that are applicable to 
        development assistance activities.
          (2) Default and procurement provisions.--
                  (A) Default provision.--The provisions of 
                section 620(q), or any comparable provision of 
                law, shall not be construed to prohibit 
                assistance to a country in the event that a 
                private sector recipient of assistance 
                furnished under this section is in default in 
                its payment to the United States for the period 
                specified in such section.
                  (B) Procurement provision.--Assistance may be 
                provided under this section without regard to 
                section 604(a).
          (3) Terms and conditions of credit assistance.--
                  (A) In general.--Credit assistance provided 
                under this section shall be offered on such 
                terms and conditions, including fees charged, 
                as the Administrator may determine.
                  (B) Limitation on principal amount of 
                financing.--The principal amount of loans made 
                or guaranteed under this section in any fiscal 
                year, with respect to any single event, may not 
                exceed $30,000,000.
                  (C) Exception.--No payment may be made under 
                any guarantee issued under this section for any 
                loss arising out of fraud or misrepresentation 
                for which the party seeking payment is 
                responsible.
          (4) Full faith and credit.--All guarantees issued 
        under this section shall constitute obligations, in 
        accordance with the terms of such guarantees, of the 
        United States of America, and the full faith and credit 
        of the United States of America is hereby pledged for 
        the full payment and performance of such obligations to 
        the extent of the guarantee.
    (d) Funding.--
          (1) Allocation of funds.--Of the amounts made 
        available to carry out this part for the fiscal year 
        2001, up to $5,000,000 may be made available for--
                  (A) the subsidy cost, as defined in section 
                502(5) of the Federal Credit Reform Act of 
                1990, to carry out this section; and
                  (B) the administrative costs to carry out 
                this section.
          (2) Relation to other funding.--Amounts made 
        available under paragraph (1) are in addition to 
        amounts available under any other provision of law to 
        carry out this section.
    (e) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the agency primarily responsible 
        for administering this part.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Relations of the Senate and the 
        Committee on International Relations of the House of 
        Representatives.
          (3) United states-supported microfinance 
        institution.--The term ``United States-supported 
        microfinance institution'' means a financial 
        intermediary that has received funds made available 
        under part I of this Act for fiscal year 1980 or any 
        subsequent fiscal year.

SEC. 133.\143\ PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

    (a) Establishment of Programs.--
---------------------------------------------------------------------------
    \143\ 22 U.S.C. 2152c. Added by sec. 205(a) of the International 
Anti-Corruption and Good Governance Act of 2000 (title II of Public Law 
106-309; 114 Stat. 1092).
---------------------------------------------------------------------------
          (1) In general.--The President is authorized to 
        establish programs that combat corruption, improve 
        transparency and accountability, and promote other 
        forms of good governance in countries described in 
        paragraph (2).
          (2) Countries described.--A country described in this 
        paragraph is a country that is eligible to receive 
        assistance under this part (including chapter 4 of part 
        II of this Act) or the Support for East European 
        Democracy (SEED) Act of 1989.
          (3) Priority.--In carrying out paragraph (1), the 
        President shall give priority to establishing programs 
        in countries that received a significant amount of 
        United States foreign assistance for the prior fiscal 
        year, or in which the United States has a significant 
        economic interest, and that continue to have the most 
        persistent problems with public and private corruption. 
        In determining which countries have the most persistent 
        problems with public and private corruption under the 
        preceding sentence, the President shall take into 
        account criteria such as the Transparency International 
        Annual Corruption Perceptions Index, standards and 
        codes set forth by the International Bank for 
        Reconstruction and Development and the International 
        Monetary Fund, and other relevant criteria.
          (4) Relation to other laws.--
                  (A) In general.--Assistance provided for 
                countries under programs established pursuant 
                to paragraph (1) may be made available 
                notwithstanding any other provision of law that 
                restricts assistance to foreign countries. 
                Assistance provided under a program established 
                pursuant to paragraph (1) for a country that 
                would otherwise be restricted from receiving 
                such assistance but for the preceding sentence 
                may not be provided directly to the government 
                of the country.
                  (B) Exception.--Subparagraph (A) does not 
                apply with respect to--
                          (i) section 620A of this Act or any 
                        comparable provision of law prohibiting 
                        assistance to countries that support 
                        international terrorism; or
                          (ii) section 907 of the Freedom for 
                        Russia and Emerging Eurasian 
                        Democracies and Open Markets Support 
                        Act of 1992.
    (b) Specific Projects and Activities.--The programs 
established pursuant to subsection (a) shall include, to the 
extent appropriate, projects and activities that--
          (1) support responsible independent media to promote 
        oversight of public and private institutions;
          (2) implement financial disclosure among public 
        officials, political parties, and candidates for public 
        office, open budgeting processes, and transparent 
        financial management systems;
          (3) support the establishment of audit offices, 
        inspectors general offices, third party monitoring of 
        government procurement processes, and anti-corruption 
        agencies;
          (4) promote responsive, transparent, and accountable 
        legislatures and local governments that ensure 
        legislative and local oversight and whistle-blower 
        protection;
          (5) promote legal and judicial reforms that 
        criminalize corruption and law enforcement reforms and 
        development that encourage prosecutions of criminal 
        corruption;
          (6) assist in the development of a legal framework 
        for commercial transactions that fosters business 
        practices that promote transparent, ethical, and 
        competitive behavior in the economic sector, such as 
        commercial codes that incorporate international 
        standards and protection of intellectual property 
        rights;
          (7) promote free and fair national, state, and local 
        elections;
          (8) foster public participation in the legislative 
        process and public access to government information; 
        and
          (9) engage civil society in the fight against 
        corruption.
    (c) Conduct of Projects and Activities.--Projects and 
activities under the programs established pursuant to 
subsection (a) may include, among other things, training and 
technical assistance (including drafting of anti-corruption, 
privatization, and competitive statutory and administrative 
codes), drafting of anti-corruption, privatization, and 
competitive statutory and administrative codes, support for 
independent media and publications, financing of the program 
and operating costs of nongovernmental organizations that carry 
out such projects or activities, and assistance for travel of 
individuals to the United States and other countries for such 
projects and activities.
    (d) \144\ Biennial Reports.--
---------------------------------------------------------------------------
    \144\ Sec. 672(a)(1) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out 
``Annual Report'' and inserted in lieu thereof ``Biennial Reports.''. 
Subsec. (b) of that section further provided the following:
    ``(b) Transition.--The first biennial report under section 133(d) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as amended 
by subsection (a), is required to be submitted not later than two years 
after the date of submission of the last annual report required under 
such section 133 (as in effect before the date of enactment of this 
Act).''.
    Previously, sec. 205(b) of the International Anti-Corruption and 
Good Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 
1092) required the following:
    ``(b) Deadline for Initial Report.--The initial annual report 
required by section 133(d)(1) of the Foreign Assistance Act of 1961, as 
added by subsection (a), shall be transmitted not later than 180 days 
after the date of the enactment of this Act.''.
---------------------------------------------------------------------------
          (1) In general.--The Secretary of State, in 
        consultation with the Secretary of Commerce and the 
        Administrator of the United States Agency for 
        International Development, shall prepare and transmit 
        to the Committee on International Relations and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate a 
        biennial report \145\ on--
---------------------------------------------------------------------------
    \145\ Sec. 672(a)(2)(A) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out ``an 
annual report'' and inserted in lieu thereof ``a biennial report''.
---------------------------------------------------------------------------
                  (A) projects and activities carried out under 
                programs established under subsection (a) for 
                the preceding two-year period \146\ in priority 
                countries identified pursuant to subsection 
                (a)(3); and
---------------------------------------------------------------------------
    \146\ Sec. 672(a)(2)(B) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out 
``prior year'' and inserted in lieu thereof ``preceding two-year 
period''.
---------------------------------------------------------------------------
                  (B) projects and activities carried out under 
                programs to combat corruption, improve 
                transparency and accountability, and promote 
                other forms of good governance established 
                under other provisions of law for the preceding 
                two-year period \147\ in such countries.
---------------------------------------------------------------------------
    \147\ Sec. 672(a)(2)(C) of the Freedom Investment Act of 2002 
(subtitle E of title VI of the Foreign Relations Authorization Act, 
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out 
``prior year'' and inserted in lieu thereof ``preceding two-year 
period''.
---------------------------------------------------------------------------
          (2) Required contents.--The report required by 
        paragraph (1) shall contain the following information 
        with respect to each country described in paragraph 
        (1):
                  (A) A description of all United States 
                Government-funded programs and initiatives to 
                combat corruption and improve transparency and 
                accountability in the country.
                  (B) A description of United States diplomatic 
                efforts to combat corruption and improve 
                transparency and accountability in the country.
                  (C) An analysis of major actions taken by the 
                government of the country to combat corruption 
                and improve transparency and accountability in 
                the country.
    (e) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this 
Act) and the Support for East European Democracy (SEED) Act of 
1989 shall be made available to carry out this section.

SEC. 134.\148\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                    STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
    (a) Authorization.--The President is authorized to provide 
assistance to foreign countries directly, or through 
nongovernmental and multilateral organizations, for programs, 
projects, and activities designed to meet the minimum standards 
for the elimination of trafficking (as defined in section 103 
of the Trafficking Victims Protection Act of 2000), including--
---------------------------------------------------------------------------
    \148\ 22 U.S.C. 2152d. Added by sec. 109 of the Trafficking Victims 
Protection Act of 2000 (division A of Public Law 106-386; 114 Stat. 
1481). For full text of the Trafficking Victims Protection Act of 2000, 
see vol. II. Sec. 107(a) of that Act (22 U.S.C. 7105(a)) provided the 
following:
    ``SEC. 107. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
    ``(a) Assistance for Victims in Other Countries.--
---------------------------------------------------------------------------

          ``(1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, in consultation with appropriate nongovernmental 
        organizations, shall establish and carry out programs and 
        initiatives in foreign countries to assist in the safe 
        integration, reintegration, or resettlement, as appropriate, of 
        victims of trafficking. Such programs and initiatives shall be 
        designed to meet the appropriate assistance needs of such 
        persons and their children, as identified by the Task Force.
          ``(2) Additional requirement.--In establishing and conducting 
        programs and initiatives described in paragraph (1), the 
        Secretary of State and the Administrator of the United States 
        Agency for International Development shall take all appropriate 
        steps to enhance cooperative efforts among foreign countries, 
        including countries of origin of victims of trafficking, to 
        assist in the integration, reintegration, or resettlement, as 
        appropriate, of victims of trafficking, including stateless 
        victims.''.
          (1) the drafting of laws to prohibit and punish acts 
        of trafficking;
          (2) the investigation and prosecution of traffickers;
          (3) the creation and maintenance of facilities, 
        programs, projects, and activities for the protection 
        of victims; and
          (4) the expansion of exchange programs and 
        international visitor programs for governmental and 
        nongovernmental personnel to combat trafficking.
    (b) Funding.--Amounts made available to carry out the other 
provisions of this part (including chapter 4 of part II of this 
Act) and the Support for East European Democracy (SEED) Act of 
1989 shall be made available to carry out this section.

                    Chapter 2--Other Programs \149\

    Sec. 201.\150\ General Authority. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \149\ 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).
    \150\ 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.
---------------------------------------------------------------------------
    Sec. 202.\150\ Authorization. * * * [Repealed--1978]
    Sec. 203.\150\ Fiscal Provisions. * * * [Repealed--1978]
    Sec. 204.\150\ Development Loan Committee. * * * 
[Repealed--1978]
    Sec. 205.\151\ Relating to Transfers to International 
Financial Institutions. * * * [Repealed--1972]
---------------------------------------------------------------------------
    \151\ Sec. 205 was repealed by sec. 101(d) of the FA Act of 1971 
(Public Law 92-226; 86 Stat. 21).
---------------------------------------------------------------------------

     Title I--Multilateral and Regional Development Programs \152\
---------------------------------------------------------------------------

    \152\ 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.
---------------------------------------------------------------------------
    Sec. 206.\153\ 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.
---------------------------------------------------------------------------
    \153\ 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA 
Act of 1965.
---------------------------------------------------------------------------
    Sec. 207.\150\ Purposes of Development Assistance. * * * 
[Repealed--1978]
    Sec. 208.\150\ Self-Help Criteria. * * * [Repealed--1978]
    Sec. 209.\154\ 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.
---------------------------------------------------------------------------
    \154\ 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.''.
---------------------------------------------------------------------------
    (b) \155\ 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.
---------------------------------------------------------------------------
    \155\ 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).
---------------------------------------------------------------------------
    (c) \156\ 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.
---------------------------------------------------------------------------
    \156\ 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.''.
---------------------------------------------------------------------------
    (d) \157\ * * * [Repealed--2000]
---------------------------------------------------------------------------
    \157\ Subsection (d), added by sec. 101(c)(2) of the FA Act of 
1971, was struck out by sec. 804 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as 
introduced on October 24, 2000, enacted by reference in sec. 101(a) of 
Public Law 106-429; 114 Stat. 1900A-67). It had read as follows:
    ``(d) 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.''.
---------------------------------------------------------------------------
    Sec. 211.\158\ General Authority. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \158\ 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).
---------------------------------------------------------------------------
    Sec. 212.\158\ Authorization. * * * [Repealed--1978]
    Sec. 213.\159\ Atoms for Peace. * * * [Repealed--1962]
---------------------------------------------------------------------------
    \159\ Sec. 213 was repealed by sec. 103(c) of the FA Act of 1962 
(76 Stat. 256).
---------------------------------------------------------------------------

 Title II--American Schools and Hospitals Abroad; Prototype Desalting 
                              Plant \160\
---------------------------------------------------------------------------

    \160\ 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.\161\ American Schools and Hospitals Abroad.--(a) 
The President is authorized to furnish \162\ 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.
---------------------------------------------------------------------------
    \161\ 22 U.S.C. 2174.
    \162\ 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''.
---------------------------------------------------------------------------
    (b) The President is authorized,\163\ notwithstanding the 
provisions of the Mutual Defense Assistance Control Act of 1951 
(22 U.S.C. 1611 et seq.) \164\ to furnish \165\ 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.\166\
---------------------------------------------------------------------------
    \163\ Sec. 103(b)(2) of the FA Act of 1963 struck out the words 
``to use'' which appeared at this point.
    \164\ Superseded by the Export Administration Act of 1979.
    \165\ 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''.
    \166\ 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''.
---------------------------------------------------------------------------
    (c) \167\ (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.
---------------------------------------------------------------------------
    \167\ Sec. 4(2) of the FA Act of 1973 amended and restated subsec. 
(c).
---------------------------------------------------------------------------
    (2) Amounts appropriated under paragraph (1) are authorized 
to remain available until expended.\168\
---------------------------------------------------------------------------
    \168\ 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 2003--no authorization.
---------------------------------------------------------------------------
    (d) \169\ 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.
---------------------------------------------------------------------------
    \169\ 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).
---------------------------------------------------------------------------
    Sec. 215.\168\ Loans to Small Farmers. * * * [Repealed--
1978]
    Sec. 216.\168\ Voluntary Agencies. * * * [Repealed--1978]
    Sec. 217.\168\ Used Equipment. * * * [Repealed--1978]
    Sec. 218.\168\ Fish and Other Protein Concentrates. * * * 
[Repealed--1978]
    Sec. 219.\170\ 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.
---------------------------------------------------------------------------
    \170\ 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.\168\ Programs for Peaceful Communication. * * * 
[Repealed--1978]
    Sec. 220A.\168\ Suez Canal. * * * [Repealed--1978]

      Title III--Housing and Other Credit Guaranty Programs \171\

    Sec. 221.\172\ Housing Guaranties.--The Congress recognizes 
that shelter, including essential urban development services, 
is \173\ 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 \174\ 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 \174\ and related services for low-income people by 
demonstrating to local entrepreneurs and institutions that 
providing low-cost shelter \174\ 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.\174\ 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.
---------------------------------------------------------------------------
    \171\ 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''.
    \172\ 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).
    \173\ 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.
    \174\ 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.
---------------------------------------------------------------------------
    Sec. 222.\175\ 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.\176\ The authority of this section shall 
continue through September 30, 1992.\177\ 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.
---------------------------------------------------------------------------
    \175\ 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).
    \176\ 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 2003. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2003 (division E of Public Law 108-7), waived the 
requirements for authorization and title II of that Act (at 117 Stat. 
164) provided the following:
---------------------------------------------------------------------------

                  ``DEVELOPMENT CREDIT PROGRAM ACCOUNT

                    ``(including transfer of funds)
---------------------------------------------------------------------------
    ``For the cost of direct loans and loan guarantees, as authorized 
by sections 108 and 635 of the Foreign Assistance Act of 1961, funds 
may be derived by transfer from funds appropriated by this Act to carry 
out part I of such Act and under the heading `Assistance for Eastern 
Europe and the Baltic States': Provided, That such funds when added to 
the funds transferred pursuant to the authority contained under this 
heading in Public Law 107-115, shall not exceed $24,500,000, which 
shall be made available only for micro and small enterprise programs, 
urban programs, and other programs which further the purposes of part I 
of the Act: Provided further, That such costs shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading. In addition, for administrative expenses to carry 
out credit programs administered by the United States Agency for 
International Development, $7,591,000, which may be transferred to and 
merged with the appropriation for Operating Expenses of the United 
States Agency for International Development: Provided further, That 
funds made available under this heading shall remain available until 
September 30, 2007.''.
    See notes at paragraph on Development Credit Program Account in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2002, this volume, for text of sec. 306 of H.R. 
1486.
    \177\ 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. for fiscal year 2000, 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).
---------------------------------------------------------------------------
    (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) \178\ 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.
---------------------------------------------------------------------------
    \178\ Sec. 313(c) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec. 
(k). This subsection should probably be labeled ``(d)'' instead of 
``(k)''.
---------------------------------------------------------------------------
    Sec. 222A.\179\ 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,\180\ the authority conferred by this 
section should be used to establish pilot programs \181\ 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.
---------------------------------------------------------------------------
    \179\ 22 U.S.C. 2182a. Sec. 222A was added by sec. 8(a)(2) of the 
FA Act of 1974.
    \180\ 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.
    \181\ Previously such programs were limited to not more than six 
Latin American countries (Public Law 99-53; 99 Stat. 364).
---------------------------------------------------------------------------
    (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 \182\ 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.
---------------------------------------------------------------------------
    \182\ 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.
---------------------------------------------------------------------------
    (c) The total face amount of guaranties issued under this 
section outstanding at any one time shall not exceed 
$20,000,000.\183\ Not more than 10 per centum of such sum shall 
be provided for any one institution, cooperative, or 
organization.
---------------------------------------------------------------------------
    \183\ 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).
---------------------------------------------------------------------------
    (d) \184\ The Inter-American Foundation shall be consulted 
in developing criteria for making loans eligible for guaranty 
coverage in Latin America under this section.
---------------------------------------------------------------------------
    \184\ Section 586 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), 
authorized the President to abolish the Inter-American Foundation and 
made conforming amendments to legislation related to the Inter-American 
Foundation to reflect the abolishment. These amendments are to be 
effective and executed only after the Director of the Office of 
Management and Budget transmits to Congress a certification that 
responsibilities delegated to the Director, primarily that of 
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
    That certification and subsequent administration have not yet been 
executed. Upon execution of these requirements, 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), will strike subsec. 
(d).
---------------------------------------------------------------------------
    (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.\185\
---------------------------------------------------------------------------
    \185\ 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).
---------------------------------------------------------------------------
    (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.\186\
---------------------------------------------------------------------------
    \186\ 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).
---------------------------------------------------------------------------
    Sec. 223.\187\ General Provisions.--(a) A fee shall be 
charged for each guaranty issued under section 222 or 222A 
\188\ 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.
---------------------------------------------------------------------------
    \187\ 22 U.S.C. 2183. Sec. 223 was added by sec. 105 of the FA Act 
of 1969.
    \188\ 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).
---------------------------------------------------------------------------
    (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 \189\ or 
under prior housing guaranty authorities,\190\ 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 \191\ 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 \189\ or 
heretofore pursuant to this title or \192\ 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.\193\ 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.\194\
---------------------------------------------------------------------------
    \189\ 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.
    \190\ 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''.
    \191\ 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).
    \192\ 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).
    \193\ 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).
    \194\ 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).
---------------------------------------------------------------------------
    (c) Any payments made to discharge liabilities under 
guaranties issued under this title or \195\ 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).
---------------------------------------------------------------------------
    \195\ 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).
---------------------------------------------------------------------------
    (d) All guaranties issued under section 222 or 222A or 
previously under section 240 of this Act \196\ or heretofore 
under this title or \197\ 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.
---------------------------------------------------------------------------
    \196\ 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.
    \197\ 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).
---------------------------------------------------------------------------
    (e)(1) \198\ 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.
---------------------------------------------------------------------------
    \198\ 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.
---------------------------------------------------------------------------
    (2) \198\ (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.\199\
---------------------------------------------------------------------------
    \199\ $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).
---------------------------------------------------------------------------
    (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,\199\ 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.\200\ 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).
---------------------------------------------------------------------------
    \200\ 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).
---------------------------------------------------------------------------
    (g) Housing guaranties committed, authorized, or 
outstanding heretofore under this title or \201\ 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).
---------------------------------------------------------------------------
    \201\ 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).
---------------------------------------------------------------------------
    (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) \202\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \202\ 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).
---------------------------------------------------------------------------
    (j) \203\ Guaranties shall be issued under section 222 
\189\ only for housing projects which are coordinated with and 
complementary to any development assistance being furnished 
under chapter 1 of this part and which \204\ 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.\205\
---------------------------------------------------------------------------
    \203\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added 
subsection (j).
    \204\ 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)''.
    \205\ 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.''.
---------------------------------------------------------------------------
    Sec. 224.\206\ 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,\207\ 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.
---------------------------------------------------------------------------
    \206\ 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).
    \207\ For text, see Legislation on Foreign Relations Through 2000, 
vol. III.
---------------------------------------------------------------------------
    (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.\208\
---------------------------------------------------------------------------
    \208\ 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''.
---------------------------------------------------------------------------
    (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.\209\
---------------------------------------------------------------------------
    \209\ 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.''.
---------------------------------------------------------------------------
    (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.\210\ Trade Credit Insurance Program for Poland.
---------------------------------------------------------------------------
    \210\ 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.
---------------------------------------------------------------------------
  (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.\211\ 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.
---------------------------------------------------------------------------
    \211\ 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).
---------------------------------------------------------------------------
    (b) \212\ 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:
---------------------------------------------------------------------------
    \212\ 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).
---------------------------------------------------------------------------
          (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 
        \213\ of the House of Representatives.
---------------------------------------------------------------------------
    \213\ 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.
---------------------------------------------------------------------------
    (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) \212\ 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 \214\

    Sec. 231.\215\ Creation, Purpose and Policy.--To mobilize 
and facilitate the participation of United States private 
capital and skills in the economic and social development \216\ 
of less developed countries and areas, and countries in 
transition from nonmarket to market economies,\217\ 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.
---------------------------------------------------------------------------
    \214\ 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 2002, 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 2002, vol. II, sec. E.
    \215\ 22 U.S.C. 2191. Sec. 231 was added by sec. 105 of the FA Act 
of 1969.
    \216\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) substituted ``development'' in lieu of 
``progress''.
    \217\ 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,''.
---------------------------------------------------------------------------
    The \218\ Corporation, in determining whether to provide 
insurance, financing, or reinsurance for a project, shall 
especially--
---------------------------------------------------------------------------
    \218\ This paragraph was added by sec. 2(1) of Public Law 95-268 
(92 Stat. 213).
---------------------------------------------------------------------------
          (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 \219\
---------------------------------------------------------------------------
    \219\ 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.
---------------------------------------------------------------------------
          (3) \220\ ensures that the project is consistent with 
        the provisions of section 117 \220\ (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 \220\ in, developing 
        countries, and consistent with the intent of 
        regulations issued pursuant to sections 118 and 119 of 
        this Act.
---------------------------------------------------------------------------
    \220\ 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''.
---------------------------------------------------------------------------
    In carrying out its purpose, the Corporation, utilizing 
broad criteria, shall undertake--
          (a) \221\ 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;
---------------------------------------------------------------------------
    \221\ 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;''.
---------------------------------------------------------------------------
          (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 \222\ 
        efforts to share its insurance risks and reinsurance 
        \223\ risks;
---------------------------------------------------------------------------
    \222\ 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.
    \223\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the words ``and reinsurance''.
---------------------------------------------------------------------------
          (e) \224\ to the maximum degree possible consistent 
        with its purposes--
---------------------------------------------------------------------------
    \224\ 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;''.
---------------------------------------------------------------------------
                  (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) \225\ 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;
---------------------------------------------------------------------------
    \225\ 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''.
---------------------------------------------------------------------------
          (g) \225\ to foster private initiative and 
        competition and discourage monopolistic practices;
          (h) \225\ to further to the greatest degree possible, 
        in a manner consistent with its goals, the balance-of-
        payments and employment \226\ objectives of the United 
        States;
---------------------------------------------------------------------------
    \226\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added the words ``and employment''.
---------------------------------------------------------------------------
          (i) \225\ 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; \227\
---------------------------------------------------------------------------
    \227\ 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).
---------------------------------------------------------------------------
          (j) \225\ 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) \228\ (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);
---------------------------------------------------------------------------
    \228\ 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.
---------------------------------------------------------------------------
          (l) \229\ 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;
---------------------------------------------------------------------------
    \229\ 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.
---------------------------------------------------------------------------
          (m) \230\ 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
---------------------------------------------------------------------------
    \230\ Subsec. (m) was added by sec. 2(3)(C) of the OPIC Amendments 
Act of 1981 (Public Law 97-65; 95 Stat. 1021).
---------------------------------------------------------------------------
          (n) \231\ 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.
---------------------------------------------------------------------------
    \231\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law 
99-204; 99 Stat. 1669) added subsec. (n).
---------------------------------------------------------------------------
    Sec. 231A.\232\ Additional Requirements.--(a) Worker 
Rights.--
---------------------------------------------------------------------------
    \232\ 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.''.
---------------------------------------------------------------------------
          (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,\233\ 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: \234\
---------------------------------------------------------------------------
    \233\ 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''.
    \234\ 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).
---------------------------------------------------------------------------
          ``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.\235\ The restriction set forth in paragraph (1) 
        shall not apply until the first such report is 
        submitted to the Congress.
---------------------------------------------------------------------------
    \235\ 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''.
---------------------------------------------------------------------------
          (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.\236\
---------------------------------------------------------------------------
    \236\ 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).
---------------------------------------------------------------------------
          (4) \237\ 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) \238\ of the Trade Act of 
        1974.
---------------------------------------------------------------------------
    \237\ 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 2002, vol. 
II, sec. D.
    \238\ 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)''.
---------------------------------------------------------------------------
    (b) \239\ 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--
---------------------------------------------------------------------------
    \239\ 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).
---------------------------------------------------------------------------
          (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) \239\ Public Hearings.--(1) \240\ 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.
---------------------------------------------------------------------------
    \240\ 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).
---------------------------------------------------------------------------
    (2) \240\ 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.\241\ 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.
---------------------------------------------------------------------------
    \241\ 22 U.S.C. 2192. Sec. 232 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------------------------
    Sec. 233.\242\ 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.
---------------------------------------------------------------------------
    \242\ 22 U.S.C. 2193. Sec. 233 was added by sec. 105 of the FA Act 
of 1969.
---------------------------------------------------------------------------
    (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,\243\ including the Chairman, with eight 
Directors \244\ constituting a quorum for the transaction of 
business.\245\ Eight Directors \245\<SUP>,</SUP> \246\ 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 \247\ 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 \248\ shall expire 
in any one year. Such Directors shall serve until their 
successors are appointed and qualified and may be reappointed.
---------------------------------------------------------------------------
    \243\ 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.
    \244\ 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.
    \245\ 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.
    \246\ 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.
    \247\ 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.
    \248\ 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.
---------------------------------------------------------------------------
    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 \249\ an official 
of the Department of Labor,\250\ 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.\251\
---------------------------------------------------------------------------
    \249\ 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''.
    \250\ 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.
    \251\ 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.''.
---------------------------------------------------------------------------
    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.\252\
---------------------------------------------------------------------------
    \252\ Sec. 4(4) of the Export Enhancement Act of 1999 (Public Law 
106-158; 113 Stat. 1746) added this para.
---------------------------------------------------------------------------
    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) \253\ 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.
---------------------------------------------------------------------------
    \253\ The current rate of compensation at level IV of the Executive 
Schedule is $134,000 per annum (Executive Order 13282; 68 F.R. 1133; 
December 31, 2002).
---------------------------------------------------------------------------
    (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.
    (e) \254\ Investment Advisory Council.--The Board shall 
take prompt measures to increase the loan, guarantee, and 
insurance programs, and financial commitments, of the 
Corporation in sub-Saharan Afr