(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) 78 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. 120.79 Sahel Development Program-Planning. (a) The Congress reaffirms its support of 80 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.

(b) 81 The President is authorized to develop a long-term comprehensive development program for the Sahel and other droughtstricken nations in Africa.

79 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).

80 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).

1 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).

47-441 O 92. 3

(c) 81 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) 81 *

Sec.

* *

* *

121.82

[Repealed-1978]

121.82 Sahel Development Program-Implementation. [Repealed-1990]

Sec. 122.83 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.

(b) 83 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 de

82 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 (see page 152), 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.".

83 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.

termine 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) 84 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.

(d) 84 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) 85 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. Sec. 123.86 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 sup

84 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).

85 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).

86 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).

plemented 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.87 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 organizaLions and cooperatives as have demonstrated a capacity to undertake effective development activities.88

(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 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. 90

(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) 91 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 ap

#7 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).

were added by sec. 307(2) of

The words to this point beginning with "and to establish the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).

89 Sec. 562 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026), added a new chapter 10 to part I of this Act, providing for long-term development in sub-Saharan Africa (see page 152), and made a conforming amendment by inserting "and chapter 10 of this part" here.

90 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).

91 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).

plicable 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 92 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) 93 For each of the fiscal years 1986 through 1989 94 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.94

(g) 93 After December 31, 1984, funds made available to carry out section 103(a), 104(b), 104(c), 105, 106, 491, or 496 95 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.

2 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".

93 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).

94 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.

Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1987), continued for fiscal year 1992 by Public Law 102145, as amended, 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.".

95 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 (see page 152), and made a conforming amendment by striking out "121, or 491" and inserting in lieu thereof "491, or 496" here.