General Accounting Office, or to such committee, as the case may be, (1) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested, or (2) a certification by the President that has forbidden the furnishing thereof pursuant to request and his reason for so doing.

Sec. 634.863 Annual Report. (a) In order that the Congress and the American people may be better and more currently informed regarding American foreign policy and the effectiveness of assistance provided by the United States Government to other countries and to international organizations, the Chairman of the Development Coordination Committee shall prepare and transmit to the Congress, no later than February 1 of each year, as a part of the annual presentation materials for foreign assistance, a report as described in this subsection. This report shall include-864

(1)(A) a comprehensive and coordinated review of all United States policies and programs having a major impact on the development of developing countries, including but not limited to bilateral and multilateral assistance, trade, debt, employment, food, energy, technology, population, oceans, environment, human settlements, natural resources, and participation in international agencies concerned with development;

(B) an assessment of the impact of such policies and programs on the well-being of the poor majority in developing countries in accordance with the policy objectives of chapter 1 of part I, including 865 increasing life expectancy and literacy, lowering infant mortality and birth rates, and increasing food production and employment, such assessment to include an evaluation of the extent to which programs under chapter 1 of part I directly benefit the poor majority; and 866

(C) an assessment of the impact of such policies and programs on economic conditions in the United States, including but not limited to employment, wages, and working conditions;

(2) the dollar value of all foreign assistance and guaranties by category and by country provided or made by the United States Government by any means to all foreign countries and international organizations

(A) from 1946 to the fiscal year immediately preceding the fiscal year for which the report is required;

(B) as presented to Congress for the immediate preceding fiscal year;

863 22 U.S.C. 2394. Sec. 634 was amended and restated by sec. 502(aX2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 957). Sec. 305(b) of Public Law 99-83 (99 Stat. 215) (concerning the promotion of immunization and oral rehydration) provided as follows:

“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(cX3) of such Act.".

864 Sec. 733(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and restated subsec. (a) to this point.

865 The words "the progressive developing countries are making toward achieving those objectives which are indicative of improved well-being of the poor majority, which objectives shall include but not be limited to" which previously appeared at this point, were struck out by sec. 733(2) of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 95 Stat. 1559).

866 The language beginning with "such assessment to include" and ending with "the poor majority" was added by sec. 312(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 216).

(C) as obligated during the immediately preceding fiscal year;

(D) as planned for the fiscal year in which the report is presented;

(E) as proposed for the fiscal year following the year in which the report is presented; and

(F) 867 of any contract in excess of $100,000 administered by the Agency for International Development which was entered into in the preceding fiscal year without competitive selection procedures, and the reasons for doing so; (3) a summary of repayments, by country, to the United States from previous foreign assistance loans;

(4) 868 the status of each sale of agricultural commodities on credit terms theretofore made under the Agricultural Trade Development and Assistance Act of 1954 with respect to which there remains outstanding any unpaid obligation; and the status of each transaction with respect to which a loan, contract or guarantee of insurance, or extension of credit_(or participation therein) was theretofore made under the Export-Import Bank Act of 1945 with respect to which there remains outstanding any unpaid obligation or potential liability; except that such report shall include individually only any loan, contract, sale, extension of credit, or other transactions listed in this paragraph which is in excess of $1,000,000;

(5)(A) the status of the debt servicing capacity of each country receiving assistance under this Act;

(B) all forms of debt relief granted by the United States with respect to such countries, together with a detailed statement of the specific debt relief granted with respect to each such country and the purpose for which it was granted; and

(C) a summary of the net aid flow from the United States to such countries, taking into consideration the debt relief granted by the United States;

(6)869 the dollar value of all official development assistance, security assistance, international disaster assistance, refugee assistance, and international narcotic control assistance provided by each government of a country which is a member of the Organization for Economic Cooperation and Development or of the Organization of Petroleum Exporting Countries;

(7) 869 the percentage which each type of assistance described in paragraph (6) represents of (A) the gross national product of each country referred to in paragraph (6), and (B) the budg

867 Subpar. (F) was added by sec. 733(3) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559).

868 Par. (4) was amended and restated by sec. 733(4) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559). Previously, par. (4) also required information on loans and contracts concerning security assistance under this Act and credits for the procurement of defense articles under the Arms Export Control Act. This information is now required by sec. 25(aX11) of the Arms Export Control Act.

800 Sec. 707 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated existing par. (6) as par. (8) and added new pars. (6) and (7). Sec. 733(6) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113,;95 Stat. 1559) struck out par. (8) (as redesignated) and inserted new pars. (8) through (12). Similar information required in each of the new pars. (8) through (12) had been previously required under other provisions as follows: par. (8)—sec. 613(c) of this Act (semiannually), par. (9) sec. 640B(g) of this Act; par. (10)-sec. 657 of this Act; par. (11)—sec. 133(cX6) of Public Law 95-88; and par. (12)—former par. (8) of this subsection.

et of the government of such country, as well as the per capita contribution for each country for each type of assistance described in paragraph (6);

(8) 869 the amount of all foreign currencies acquired without payment of dollars on hand of each foreign country as of September 30 of the preceding fiscal year;

(9) 869 the Development Coordination Committee's operations pursuant to section 640B(f) of this Act;

(10) 869 the aggregate dollar value and quantity of grant military assistance, military education and training, and any other defense articles and services furnished under this Act by the United States to each foreign country and international organization for the preceding fiscal year;

(11) 869 information concerning the activities of the Minority Resource Center during the preceding fiscal year; and

(12) 869 other information appropriate to the conduct of the foreign assistance program of the United States Government. (b) For purposes of this section

(1) "foreign assistance" means any tangible or intangible item provided by the United States Government to a foreign country or international organization under this or any other Act, including but not limited to any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, United States dollars, and any currencies of any foreign country which are owned by the United States Government; and

(2) "provided by the United States Government" includes, but is not limited to, foreign assistance provided by means of gift, loan, sale, credit, or guaranty.

Sec. 634A.870 Notification of Program Changes.-(a) 871 None of the funds appropriated to carry out the purposes of this Act (except for programs under title III or title IV of chapter 2 of part I, chapter 5 of part I, and programs of disaster relief and rehabilitation) or the Arms Export Control Act 872 may be obligated for any activities, programs, projects, types of material assistance, countries, or other operations not justified, or in excess of the amount justified, to the Congress for obligation under this Act or the Arms Export Control Act 872 for any fiscal year unless the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs 873 of the House of Representatives, and the Committee on Appropriations of each House of the Congress are notified fifteen days in advance of such obligation. Whenever a proposed reprogramming exceeds $1,000,000 and the total amount proposed for obligation for a country under this Act in a fiscal year exceeds by more than $5,000,000 the amount specified for that country in

870 22 U.S.C. 2394-1. Added originally as sec. 671 by the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543), sec. 634A was redesignated as such and moved to this point by sec. 502(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

871 Subsecs. (b) and (c) were added by sec. 1209(aX3) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat 278). Sec. 1209(a)(1) of the Act also inserted the designation for subsec. (a) of sec. 634A.

872 References to the Arms Export Control Act were added by sec. 1209(aX2) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278). 873 Sec. 9(aX6) of Public Law 103-437 (108 Stat. 4588) struck out "International Relations" and inserted in lieu thereof "Foreign Affairs".

the report required by section 653(a) of this Act, notifications of such proposed reprogrammings shall specify

(1) the nature and purpose of such proposed obligation, and (2) to the extent possible at the time of the proposed obligation, the country for which such funds would otherwise have been obligated.874

(b) 871 The notification requirement of this section does not apply to the reprogramming—

(1) of funds to be used for an activity, program, or project under chapter 1 of part I if the amounts to be obligated for that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount justified to the Congress for that activity, program, or project for that fiscal year;

or

(2) of less than $25,000 to be used under chapter 8 of part I, or under chapter 5 of part II, for a country for which a program under that chapter for that fiscal year was justified to the Congress.

(c) 871 The President shall notify the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs of the House of Representatives concerning any reprogramming of funds in the International Affairs Budget Function, the authorizations of appropriations for which are in their respective jurisdictions, to the same degree and with the same conditions as the President notifies the Committees on Appropriations. The requirements of this subsection are in addition to, and not in lieu of, other notification requirements.

Sec. 634B.875 Classification of Reports.-All information contained in any report transmitted under this Act shall be public information. However, in the case of any item of information to be included in any such report that the President, on an extraordinary basis, determines is clearly detrimental to the security of the United States, he shall explain in a supplemental report why publication of each specific item would be detrimental to the security of the United States. A supplemental report shall be transmitted to the Congress at the time the report is transmitted.

Sec. 635.876 General Authorities. (a) Except as otherwise specifically provided in this Act, assistance under this Act may be furnished on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement of the purposes of this Act, and shall emphasize loans rather than grants wherever possible.

(b) The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States and international organiza

874 This final sentence in sec. 634A was added by sec. 704 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544).

876 22 U.S.C. 23941a. Sec. 634B was added by sec. 502(c) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

876 22 U.S.C. 2395.

tions in furtherance of the purposes and within the limitations of this Act.

(c) It is the sense of Congress that the President, in furthering the purposes of this Act, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development.877

(d) The President may accept and use in furtherance of the purposes of this Act, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such

purpose.

(e)(1) 878 Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing technical information and assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program.

(2) 878 Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign employees of that agency while those employees are absent from their places of employment abroad for purposes of training or other official duties.

(f) Alien participants in any program of furnishing technical information and assistance under this Act may be admitted to the United States if otherwise qualified as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101(a)(15)), for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General.

(g) In making loans 879 under this Act, the President

(1) may issue letters of credit and letters of commitment;

(2) may collect or compromise any obligations assigned to, or held by, and any legal or equitable rights accruing to him, and, as he may determine, refer any such obligations or rights to the Attorney General for suit or collection;

(3) may acquire and dispose of, upon such terms and conditions as he may determine, any property, including any instrument evidencing indebtedness or ownership (provided that equity securities may not be directly purchased although such securities may be acquired by other means such as by exercise of conversion rights or through enforcement of liens or pledges or otherwise to satisfy a previously incurred indebtedness), and guarantee payment against any such instrument;

(4) may determine the character of, and necessity for, obligations and expenditures of funds used in making such loans and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and

877 Reference to the Agency for International Development was inserted 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).

878 Sec. 302(X1) of the FA Act of 1967 added paragraph designation "(1)" and par. (2).

879 The words "and sales", which appeared at this point, were added by sec. 302(g) of the FA Act of 1965; then deleted by sec. 302(1X2) of the FA Act of 1967, effective June 30, 1968.