the President continues such support after such date, he shall prepare and transmit, not later than one year 90 after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation. (f) 91 For each of the fiscal years 1986 through 1989 92 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.92 (g) 91,93 After December 31, 1984, funds made available to carry out section 103(a), 104(b), 104(c), 105, 106, 491, or 496 94 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. (h) 95 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 decisionmak 90 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". 91 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). 92 Sec. 309(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec. 123() 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. 83 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1612; 22 U.S.C. 2151u note), provided the following: "PRIVATE AND VOLUNTARY ORGANIZATIONS "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 per centum of its total annual funding for international activities from sources other than the United States Government: Provided, That the requirements of the provisions of section 123(g) of the Foreign Assistance Act of 1961 and the provisions on private and voluntary organizations in title II of the 'Foreign Assistance and Related Programs Appropriations Act, 1985' (as enacted in Public Law 98-473) shall be superseded by the provisions of this section.". 4 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 striking out "121, or 491" and inserting in lieu thereof "491, or 496" here. 96 Subsec. (h) was added by sec. 310 of Public Law 99-83 (99 Stat. 190). ing. Therefore, assistance under this chapter shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States. Sec. 124.96 Relatively Least Developed Countries. (a) Relatively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of "least developed countries") are characterized by extreme poverty, very limited infrastructure, and limited administrative capacity to implement basic human needs growth strategies. In such countries special measures may be necessary to insure the full effectiveness of assistance furnished under this part. (b) For the purpose of promoting economic growth in these countries, the President is authorized and encouraged to make assistance under this chapter available on a grant basis to the maximum extent that is consistent with the attainment of United States development objectives. (c) 97 (1) The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. Therefore, notwithstanding section 620(r) of this Act and section 321 of the International Development and Food Assistance Act of 1975 but subject to paragraph (2) of this subsection, the President on a case-by-case basis, taking into account the needs of the country for financial resources and the commitment of the country to the development objectives set forth in sections 101 and 102 (A) may permit a relatively least developed country to place amounts, which would otherwise be paid to the United States as payments on principal or interest on liability incurred by that country under this part (or any predecessor legislation) into local currency accounts (in equivalent amounts of local currencies as determined by the official exchange rate for United States dollars) for use by the relatively least developed country, with the concurrence of the Administrator of the agency primarily responsible for administering this part, for activities which are consistent with section 102; and (B) may waive interest payments on liability incurred by a relatively least developed country under this part (or any predecessor legislation) if the President determines that that country would be unable to use for development purposes the equivalent amounts of local currencies which could be made available under subparagraph (A). (2) The aggregate amount of interest waived and interest and principal paid into local currency accounts under this subsection in 96 22 U.S.C. 2151v. Sec. 124 was added by sec. 112(aX1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 948). 97 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. 88-543 - 95 - 3 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 $10,845,000.98 (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. 125.99 Project and Program Evaluation. (a) The Administrator of the agency primarily responsible for administering this part is directed to improve the assessment and evaluation of the programs and projects carried out by that agency under this chapter. The Administrator shall consult with the appropriate committees of the Congress in establishing standards for such evaluations. (b) 1 100 *** [Repealed-1981] Sec. 126.101 Development and Illicit Narcotics Production. (a) The Congress recognizes that illicit narcotics cultivation is related to overall development problems and that the vast majority of all individuals employed in the cultivation of illicit narcotics reside in the developing countries and are among the poorest of the poor in those countries and that therefore the ultimate success of any effort to eliminate illicit narcotics production depends upon the availability of alternative economic opportunities for those individuals, upon other factors which assistance under this chapter could address, as well as upon direct narcotics control efforts. (b)(1) 102 In planning programs of assistance under this chapter, and chapter 10 of this part,102 and under chapter 4 of part II 102 98 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). 99 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). 100 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. 10122 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). 102 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, for countries in which there is illicit narcotics cultivation, the agency primarily responsible for administering this part should give priority consideration to programs which would help reduce illicit narcotics cultivation by stimulating broader development opportunities. (2) 102 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. 127.103 Accelerated Loan Repayments.-The Administrator of the agency primarily responsible for administering this part shall conduct an annual review of bilateral concessional loan balances and shall determine and identify those countries whose financial resources make possible accelerated loan repayments. In particular, European countries that were recipients of concessional loans by predecessor agencies to the agency primarily responsible for administering this part shall be contacted to negotiate accelerated repayments. The criteria used by the Administrator in making these determinations shall be established in conjunction with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Sec. 128.104 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 develop providing for long-term development in sub-Saharan Africa, and made a conforming amendment by inserting", and chapter 10 of this part,". 103 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. 104 22 U.S.C. 2151z. Sec. 128 was added by sec. 101(bX2) of Public Law 97-377 (96 Stat. 1832). Sec. 121(bX2) 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(aX1) 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. ment assistance under this chapter directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty. (b) To the maximum extent possible, activities under this chapter that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority. Chapter 2-Other Programs 105 Sec. 201.106 General Authority. * * Sec. 203.106 Fiscal Provisions.-* ** Sec. 204.106 Development Loan Committee.—* * * [Repealed-1978] Sec. 205.107 Relating to Transfers to International Financial Institutions. *** [Repealed-1972] Title I—Multilateral and Regional Development Programs 108 Sec. 206.109 Regional Development in Africa.-The President is requested to seek and to take appropriate action, in cooperation and consultation with African and other interested nations and with international development organizations, to further and assist in the advancement of African regional development institutions, including the African Development Bank, with the view toward promoting African economic development. Sec. 207.106 Purposes of Development Assistance.-* [Repealed-1978] ** * Sec. 208.106 Self-Help Criteria. * * * [Repealed-1978] Sec. 209.110 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 105 The chapter heading "Other Programs" was inserted in lieu of "Development Assistance" by sec. 102(gX1XB) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942). 106 Secs. 201, 202, 203, 204, 207, and 208 were repealed by sec. 102(gX1XA) 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. 107 Sec. 205 was repealed by sec. 101(d) of the FA Act of 1971 (Public Law 92-226; 86 Stat. 21). 108 Sec. 102(gX1XC) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new title heading. 109 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA Act of 1965. 110 22 U.S.C. 2169. Sec. 209 was added by sec. 102(e) of the FA Act of 1967. Sec. 101(cX1) 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.". |