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[Voluntary Family Planning Projects] [1]
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Michelle Peterson's Files
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FOIA Number: 2013-0365-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Shelli Peterson
Subseries:
OA/ID Number:
21947
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Folder Title:
[Voluntary Family Planning Projects] [1]
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115
4
9
2
SEP-30-1998 15:40
P.01/07
U.S. Agency For International Development
USAID
Washington, D.C. 20523
FACSIMILE TRANSMITTAL COVER SHEET
DATE: 9/30/98
TO:
ATTENTION: Martha Foley
ORGANIZATION: White House, Legislative
Affairs
FAX PHONE: 456-2271
OFFICE PHONE: 456-2230
FROM:
ORIGINATOR: Bob Boyer
ORGANIZATION: Bureau for Legislative and
Public Affairs
FAX PHONE: 216-3237
OFFICE PHONE: 712-4300
SUBJECT: Tiahrt Amendment
NUMBER OF PAGES (including this cover sheet):
7
COMMENTS:
Martha,
As you heard from Carolyn Bartholemew, the bipartisan HACFO staff want to meet tomorrow at
9:30 to discuss the Tiahrt Amendment. Attached is the USAID analysis which we gave all parties last
week preparatory to a meeting requested by John Shank. The analysis is basically Steve Tisa's
interpretation of the amendment, combined with input from the Office of Population. Clearly, we would
prefer that the House agreed to delete the provision. However, if the HACFO staff have to take
something back to Tiahrt et al., the proposed language included in the analysis would fix the problems
that the amendment in its current form would cause the program.
AID 330-7 (8/94)
Population:
TIAHRT AMENDMENT: REQUIREMENTS FOR VOLUNTARY
FAMILY PLANNING PROJECTS
DESCRIPTION OF AMENDMENT:
The amendment requires that voluntary family planning projects
shall not (1) use numerical quotas, goals, or targets on any
level other than estimates for planning and budgeting; (2) pay
any form of incentive or monetary or nonmonetary compensation to
clients or to providers for achieving a numerical goal or quota;
(3) deny any right or benefit to a welfare program or health care
to individuals who do not accept family planning. Further,
projects shall (4) inform each client about the method chosen, its
contraindications and health risks, and alternatives; (5) provide
a reasonable range of methods including natural family planning;
and (6) ensure that experimental methods of family planning are
administered only in a scientifically controlled study in which
participants are advised of potential risks and benefits.
Finally, within 30 days of determining a violation of any of
these provisions, the USAID Administrator must write a report on
each violation to the relevant House and Senate Committees.
USAID ANALYSIS AND PROPOSED ALTERNATIVE LANGUAGE
The amendment is unnecessary because USAID already
implements the amendment's objectives either as a matter of
policy or in conformity with more broadly stated
requirements in the foreign assistance authorizing
legislation. USAID contracts, grants, and cooperative
agreements specifically require recipients:
"to take any steps necessary to ensure that funds
not
be used to coerce any individual,"
"to conduct activities in a manner which safeguards the
rights, health and welfare of all individuals who take
part in the program," and
"to provide a broad range of family planning methods
and services" or information regarding where such
methods and services may be obtained.
These programmatic and contractual requirements are
monitored and enforced through ongoing staff monitoring,
periodic program evaluations and independent project audits,
and constant dialogue with host country recipient
institutions.
The difficulties of interpreting and applying, as a matter
of law, requirements as specific as those in the amendment
could paralyze implementation of USAID's family planning
assistance program and, by effectively denying services to
many women, have the opposite effect of that which is
intended. The monitoring and reporting systems that would be
needed to comply with its provisions and report to Congress
on any violation would be so elaborate, costly and
P.02/07
15:40 3661-02-835
SEP-30-1998 15:41
P.03/07
2
burdensome for both USAID and host country partners that
program efficiency and ability to serve clients would be
seriously compromised, and many such partners are likely to
refuse assistance rather than endure such intrusive
oversight. In its thirty-year history, the Agency has fully
addressed problems covered by the amendment without the
burdensome systems that would be needed to identify and
report on every violation as envisioned by the amendment.
Even with good intentions, what constitutes a legal
"violation" would be nearly impossible to define and measure
objectively in the wide variety of situations covered by the
amendment, as is discussed further below. USAID assistance
supports programs of sovereign governments as well as
programs of thousands of non-governmental organizations in
over 60 countries. Where USAID assistance is provided in
conjunction with other bilateral and multilateral donors, as
in Bangladesh, Bolivia, Ghana, and many other countries, it
is unlikely with the proposed amendment that USAID could
continue its support. Neither governments nor other donors
would be likely to tolerate the cumbersome processes that
would be necessary to monitor and report to Congress on both
administrative and service-related violations throughout a
national program receiving USAID assistance.
Provision (5) of the amendment concerning methods to be made
available is inconsistent with current law and should be
deleted. See discussion of (5) below.
Two other provisions of the amendment (1) and (4) also raise
particular issues, and alternative language is proposed, as
discussed below.
Three provisions of the amendment (2), (3), and (6), would
codify principles and policies that already govern USAID
family planning assistance, and are acceptable on their own
merits although unnecessary. These provisions become
problematic, moreover, in the context of this amendment as
they are coupled with the amendment's extremely burdensome
reporting requirements to Congress for any violation within
a very short time period.
The amendment would require notification within 30 days of
any violation, even for rare events. It takes no account of
the significance of the violation or the corrective action
taken, which would make the reporting requirement unecessary
and extremely onerous. For example, one health service
provider not informing one family planning client of
potential health risks is a violation. Even if corrected by
the project manager, a report must still be prepared and
filed with the Committees.
3
Proposed alternative text of the Tiahrt Amendment to Foreign
Operations, Export Financing, and Related Programs Appropriations
Bill, 1999, H.R. 4569: (USAID proposed deletions indicated by
XXXX; insertions indicated by xxxx.)
Page 8, line 10, after "services" insert the following:
; and that any such voluntary family planning project shall meet
the following requirements:
(1) service providers or referra agents in the pro ects shall not
be requirements to achieve the project shall not make
use of quotas, goals, or other numerical targets, on an
individual, local, regional, or national basis, of total number
of births, the number of family planning acceptors, acceptors
of a particular method of family planning, or any other
performance standard (this provision shall not be construed to
include the use of quantitative estimates or indicators for
budgeting and planning purposes);
Comment: USAID policy, as reaffirmed last May by the
Administrator, is to oppose performance-based quotas or
targets and "work with host country partners to change these
policies or activities." At the same time, the language of
the amendment is so broad that neither USAID nor host
country managers would find it practical to comply. USAID
is working in sovereign countries, with increasingly
decentralized decision-making, and where policies often
change. Since all programs work with numerical indicators
of expected achievements, it would be extremely difficult if
not impossible to make an objective distinction between
"numerical goals" (not permitted under the amendment) and
"quantitative estimates for budgeting and planning purposes"
(permitted) as a test for violation of this amendment or, by
implication, for eligibility for USAID assistance.
Countries which have quantitative goals or indicators for
their family planning program achievements, such as Bolivia,
Zambia, the Philippines, and many others, would be at risk
of losing USAID assistance, despite the fact that their
programs are fully voluntary.
The changes proposed here put the focus where it belongs, on
the service providers or referral agents -- the individuals
or facilities which directly serve clients or those who
refer them. Under the alternative, countries which have
numerical goals in their national, regional, or local-level
family planning strategies would be able to retain these
goals as well as performance standards which relate to the
quality of services provided. Reference to "any other
performance standards" should be deleted, as that is so
broad as to preclude, for example, "percentage of clients
who receive their choice of method at service sites with
trained providers." Reference to "indicators" is included,
P.04/07
15:41 3661-02-835
4
as programs at all levels regularly measure progress in
increasing use of family planning, often through national
sample surveys, as well as progress on many other dimensions
of service access and quality. These measures are essential
for budget and planning purposes, including forecasting
contraceptive purchasing needs.
(2) the project shall not include payment of incentives, bribes,
gratuities, or any other form of compensation or reward,
monetary or nonmonetary, to (A) an individual in exchange for
becoming a family acceptor, or (B) program personnel for
achieving any a numerical goal target or quota of total number of
births number of Family lanning acceptors, or acceptors"of and
particular method of family planning;
Comment: Reference to "any other form of compensation or
reward, monetary or nonmonetary" is deleted, as it is simply
too broad. Monetary rewards would be covered by reference
to incentives, bribes, and gratuities, as would some
nonmonetary rewards such as job offers. However, precluding
all forms of recognition for progress achieved
certificates, ceremonies, letters of congratulations, and
the like - - seems unnecessary as well as impossible to
monitor. Phrasing is modified in (B) to make it consistent
with (1) above.
This provision as modified is consistent with existing USAID
policy (in force since 1982 and reiterated by the USAID
Administrator in a special message on informed choice and
informed consent to all staff last May), which states that
"An individual's consent is considered voluntary if it is
based upon the exercise of free choice and is not obtained
by any special inducements or element of force, fraud,
deceit, duress or other forms of coercion or
misrepresentation.' The same policy states in the case of
voluntary sterilization (vs), that no USAID funds "can be
used to pay potential acceptors of sterilization to induce
their acceptance of VS" and that payments to providers must
be made in such a way that "no financial incentive is
created for the providers to carry out vs procedures
compared to provision of other methods 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;
Comment: This provision can be supported. It is consistent
with the 1982 policy stating that USAID "does not support
programs in which there is any element of coercion of
individuals to practice family planning or to accept any
20/50'd
1554 3661-02-835
5
particular method of contraception. If
(4) the project shall inform family planning acceptors, in
comprehensible terms, of the nature of the family planning method
chosen, its contraindications and potential health risks, and
available alternatives conduct in a manner which
sateguards the rights hea th and welfare of ind viduals who
ake part in the project
Comment: The language originally in the amendment should be
deleted and replaced by language proposed here that is
currently in USAID contracts and agreements. In effect, it
calls on all concerned to carry out programs in such a
manner as to put clients first and to keep this key
objective in mind when exercising managerial and medical
judgement. Counselling clients on both risks and benefits
so that they can make an informed and voluntary choice is a
central objective of USAID policies and programmatic
guidelines. Just in the last five years, USAID cooperating
agencies have worked with over thirty countries to develop
or revise guidelines for providing contraceptives and has
supported distribution of hundreds of thousands of manuals
and other materials to help providers provide up to date
technical information. However, it would be impossible and
unprecedented to codify universal specific regulations for
the wide range of service providers, clients with different
needs and characteristics, and different family planning
methods, as the amendment would require -- and then hold
programs, including those of sovereign governments,
responsible for every departure from such regulations.
For example, programs that work with commercial distributors
to market condoms subsidized by USAID would be precluded by
the amendment as written, as they cannot as a practical
matter provide comprehensive counselling as the amendment
would require. Natural family planning providers would also
have particular difficulty complying with this requirement.
A doctor or nurse counselling a young married woman desiring
a temporary method to delay her first pregnancy would be
required to spend time counselling her on sterilization,
contraceptive implants, and IUDs. Medical counselling on
family planning or other health procedures in the United
States is not governed by the kind of legal regulations
implied by this amendment as written.
(5) the project shall provide a reasonable range of options of
methods of family planning, including natural methods,
Comment: This provision should be deleted. Under current
law (the DeConcini amendment), voluntary family planning
projects must offer, either directly or through referral or
information, a broad range of methods. However, the Tiahrt
20/90'd
15:42
TOTAL P.07
6
amendment states that each project itself, on a given site,
must actually offer a range of methods -- a requirement
which is currently not made, for example, of natural family
planning providers. Such a requirement would also be
impossible for programs which work through village-based
health workers to provide temporary methods such as pills
and condoms.
(6) 5) the project shall ensure that experimental contraceptive
drugs and devices are provided only in the context of a
methods of family planning are administered only in a
scientifically controlled study in which participants are
advised of potential risks and benefits
Comment: This provision can be supported as modified, as it
affirms existing USAID policy. "Methods of family planning"
is changed to "contraceptive drugs and devices, SO as not
to apply to a service provide who is trying a different
approach to a method such as the lactational amenorrhea
method (LAM). USAID has adopted and complies with the
government-wi common rule on protection of human subjects
in all research. USAID research contracts, cooperative
agreements and grants already require that this rule be
followed, including provisions on review and approval by
human subjects committees and on informed consent, with
information to study participants on risks and benefits.
and, not later than 30 days after the date on which the
Administrator of the United States Agency for International
Development determines that there has been a violation of any
provision contained in the preceding 6 paragraphs, or a violation
of any other provision contained in this heading, the
Administrator shall submit to the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate a report containing a
description of such violation.
Comment: Even with the above suggested changes in the
amendment, this provision should be deleted. Determining
the kinds of events which would trigger a report would still
be extremely difficult. Rather than putting a reporting
requirement into law, it would be more practical to expect
the Administrator to inform Congressional committees in a
timely manner when substantial evidence comes to his or her
attention indicating a significant violation of the
amendment's provisions, i.e., where a pattern or practice
violating the provisions is officially documented.
Information should also be provided on corrective actions
taken.
P.07/07
SEP-30-1998 15:43
& Call
Tisa
at AID
647-6384
8416
22 USC 2151
ADZ
PAGE
2
1ST ITEM of Level 1 printed in FULL format.
CONGRESSIONAL RECORD -- Senate
Wednesday, November 1, 1995
104th Congress 1st Session
141 Cong Rec S 16492
REFERENCE: Vol. 141 No. 171
TITLE: FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS
ACT-CONFERENCE REPORT
TEXT: [*S16492]
The Senate continued with the consideration of the conference report.
Mr. SIMPSON addressed the Chair.
The PRESIDING OFFICER. The Senator from Wyoming is recognized.
AMENDMENT NO. 3041
Mr. SIMPSON. Mr. President, I ask that I be added as a cosponsor of the
Leahy-Kassebaum amendment.
The PRESIDING OFFICER. Without objection, it is SO ordered.
Mr. SIMPSON. Mr. President, I want to show my support for this amendment,
which, of course, includes U.S. funding for the U.N. Population Fund, UNFPA, as
it is known. President Clinton had to resume funding for the population fund 2
years ago after a 7-year suspension during the Reagan and Bush administrations.
I did not ascribe to that. I did not agree with the fine Presidents of my own
party on that issue-either the wonderful Ronald Reagan or my fine, loyal friend,
George Bush.
Last year, the Congress appropriated $ 40 million for the fund, and $ 50
million was appropriated for 1995. This year, we are looking at funding levels
of $ 35 million.
I do understand that funding for all programs across the board needs to be
reduced if we are to incur savings in this year's budget bill. However, I do not
want to see population programs unfairly targeted for larger reductions than
other foreign assistance programs.
The United States needs to keep its funding at an adequate level, or we will
surely send exactly the wrong message to the rest of the developed nations
across the world. Last year, the United States was seen as a world's leader of
population and development assistance at the International Conference on
Population and Development in Cairo. I was a congressional delegate at the
conference, as was my friend, Senator John Kerry There were not a lot of
colleagues eager or seeking to go to that particular conference. I came away
very impressed with the leadership and direction displayed there by Vice
President Gore and the assistance given him by the now Under Secretary of
State, former Senator, Tim Wirth in guiding the conference and its delegates
PAGE
3
141 Cong Rec S 16492, *S16492
in developing a ' ' consensus document, on a broad range of short- and long-term
recommendations concerning maternal and child health care, strengthening family
planning programs, the promotion of educational opportunities for girls and
women, and improving status and rights of women across the world.
We surely do not want to lose our moral leadership role and relinquish any
momentum by abandoning or severely weakening our financial commitment to
population and development assistance. The United States needs to continue its
global efforts to achieve responsible and sustainable population levels, and to
back that up with leadership with specific commitments to population planning
activities.
In my mind, of all of the challenges facing this country-and there are surely
plenty of them-and around the world-none compares to that of the increasing of
the population growth of the world. All of our efforts to protect the
environment, all the things we hear about what is going to happen, what will
happen to this forest system, or this ecosystem, promoting economic development,
jobs for those around the world, are compromised and severely injured by the
staggering growth in the world's population.
I hope my colleagues realize, of course, that there are currently 5.7 billion
people on the Earth. In 1950, when I was a freshman at the University of
Wyoming-not that long ago, surely-there were 2.5 billion people on the face of
the Earth. Mr. President, 2.5 billion people using the Earth's surface for
sustenance and procreation in 1950. Today, 5.7 billion-double-more than double.
Since 1950 to today, the figure has doubled and it will double again if birth
and death rates continue. The world's population will double again in 40 years.
These are huge figures.
If you want to talk about food supply, want to talk about the environment,
pollution, fish, timber, coal, resources, there is your figure. Nobody pays much
attention to that because we allow this debate to slip over to abortion. It does
not have anything to do with abortion or coercive practices.
That is why it is SO important we show our support by funding this particular
fund. It is supported entirely by voluntary contributions, not by the U.N.
regular budget.
You do not have to get into this one because you hate the United Nations
either. This is not about whether you like the United Nations or not. Many of
us have great problems with the United Nations, and they have certainly failed
in many endeavors, but this is not a 'U.N. caper.
There were 88 donors to the fund in 1994, most of which were developing
nations. Japan and the United States were the leading contributors to the fund
with the Nordic countries not lagging far behind.
UNFPA assistance goes to support 150 countries and territories across the
world. UNFPA total income in 1994 was $ 265.3 million, and it provides about
one-fourth of the world's population assistance to all developing countries.
I think it would be a real shame if the United States were to back away from
its commitment to the world's largest source of multilateral assistance for
population programs.
PAGE
4
141 Cong Rec S 16492, *S16492
I want to reiterate again what has been said already about U.S.
participation in this fund. The U.S. contribution would be subject to all the
restrictions which have been in place for many years. These restrictions are in
place to address concerns specifically about U.S. funds being spent in China. I
hear those concerns.
Under current appropriations law, foreign aid funding is denied to any
organization or program that 'supports or participates in the management of a
program of coerced abortion or involuntary sterilization'' in any country. That
is pretty clear. I agree with that.
Furthermore, current appropriations law ensures that none of the United
States contribution to UNFPA may be used in China-none. Listen carefully: The
United States is not funding any of the population activities in China.
Furthermore, the U.N. Population Fund does not fund abortions or support
coercive activities in any country including China. The UNFPA assistance goes
toward family planning services and maternal and child health care across the
developing world.
Finally, no U.S. funds may be commingled with other UNFPA funds and numerous
penalties exist in law for any violation of this requirement.
I also have deep and serious concerns about China's coerced abortion policy,
but forcing the U.N. Population Fund to withdraw from China will not affect that
policy one whit. In fact, without [*S16493] the careful monitoring that the
fund performs, conditions in China would get very much worse. That is an
important consideration. The world and the United States cannot turn its back on
what is currently going on in China. Remove the funding and that great door will
close ever further. No one will be able to participate or to change those
policies.
Finally, this amendment would strike the House Mexico City language that
denies United States population assistance to groups that are involved in dialog
with foreign governments about abortion policy or even distribute literature on
preventing unsafe abortions. This House amendment would ultimately deny family
planning activities overseas. Since the House language applies to nongovernment
organizations (NGO's) it would cut off funds to the most effective and dedicated
providers of services, groups that best understand the needs of the people in
the country they serve.
I urge my colleagues to vote for the Leahy-Kassebaum amendment so that the
United States might continue its leadership role in addressing the global
population issues which are wholly significant in the range of other issues that
we confront from day-to-day, because all of it comes back to the simple fact,
how many footprints will fit on the face of the Earth?
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Thompson ) The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. M C CONNELL. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
PAGE
5
141 Cong Rec S 16492, *S16493
The PRESIDING OFFICER (Mr. Abraham ) Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, for the information of all Senators, Senator
Nickles is going to speak for a few moments and then we are prepared to vote. It
is my understanding that if the Leahy amendment is agreed to, that will be the
last vote of the evening.
I yield the floor.
Mr. NICKLES. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
Mr. NICKLES. Mr. President, I ask unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is SO ordered.
Mr. NICKLES. Mr. President, I rise in opposition to Senator Leahy 's
amendment. I will read it for my colleagues' information:
That in determining eligibility for assistance from funds appropriated to
carry out section 104 of the Foreign Assistance Act of 1961, nongovernmental and
multilateral organizations shall not be subjected to requirements more
restrictive than requirements applicable to foreign governments for such
assistance: That none of the funds made available under this Act may be used to
lobby for or against abortion.
It sounds kind of reasonable, until you realize we do not have restrictions
on governments dealing with the prohibition of abortion. So this language is
meaningless. It has no restriction whatsoever. That means that we would be
funding international family planning groups that use abortion as a method of
family planning. A lot of us really do not want to do that. It is troublesome to
think that international groups, some of which support abortion as a method of
family planning, would be receiving tax dollars to be used in that fashion.
Maybe this amendment is a nice attempt to cover that up, as a substitute for the
House language. I just hope that our colleagues will not agree to it, for a lot
of different reasons.
One, I do not think we want to fund international groups that promote or
support or fund abortions. I do not think U.S. taxpayers' dollars should be used
for that purpose. We have restrictions in this country. We have restrictions in
this country that prohibit the use of taxpayers' dollars to be used to fund
abortions, except in necessary cases-to save the life of the mother, or in cases
of rape or incest. That is really what the House language is trying to do.
The House language reinstates the so-called Mexico City policy, and it goes
back to 1984 through January 1993, which includes the Reagan and Bush era. It
says we do not want to fund international groups that support or fund
abortion. That was the policy of this country for that period of time.
The Clinton administration, through an Executive order in January 1993,
reversed that policy. So now we have a policy, and Tim Wirth who served in this
body has been actively promoting it, where we actually have been involved in
encouraging countries to change their laws on abortion. I think 95 countries
PAGE
6
141 Cong Rec S 16492, *S16493
have significant restrictions in their laws against abortion.
I think using U.S. taxpayers' funds to be telling other countries to change
their laws is very offensive. Certainly to be contributing to organizations that
use part of their money or some of their moneys for abortions is also offensive.
Again, our stated policy in this country is we do not want to support
abortion. We do not want taxpayers' moneys used to subsidize abortion unless it
is necessary to save the life of mother or in cases of rape or incest. To be
giving money to international organizations that either support or use
abortions as a method of family planning or to try to change Government laws for
abortion, in my opinion, is wrong.
I looked at the House language and it basically says that money will not be
used for organizations, nongovernmental or multilateral organizations, until the
organization certifies it will not, during the period for which the funds are
made available, perform abortions in any foreign country except if the life of
the mother were in danger if the fetus were carried to term, or in cases of
forcible rape or incest.
I think that is good language. I think that language mirrors the language
that we have agreed to on this floor dealing with Labor-HHS, the so-called Hyde
language. Why in the world would we be supporting and giving money to foreign
organizations that do the opposite? I think that is a serious, serious mistake.
Also, I might mention this House language says that we do not want any money
to be used to violate the laws of any foreign country concerning circumstances
under which abortion is permitted, regulated or prohibited. We do not want U.S.
taxpayers' dollars used to go into other countries to lobby, to encourage, to
change laws that they may have dealing with abortion. Why in the world should we
have the idea that we know best, and so we want to manipulate and make those
laws basically more pro-abortion.
I want to touch for a second on the issue of the People's Republic of China.
There had been restrictions under the Reagan and Bush eras that we did not give
money to the UNFPA organization if they were giving money to the People's
Republic of China, because they had a coercive abortion policy. The House
language, likewise, says we would not give money to the U.N. family planning
organization if they were still supporting the coercive policies or contributing
to the policies in the People's Republic of China.
Mr. President, I remember when Mrs. Clinton addressed a large conference in
Beijing earlier this year and she condemned forced abortion. Unfortunately,
that happens to be the policy in the People's Republic of China today-a
one-child policy, enforced by, in some cases, coercive abortion. That is
unbelievable. It is also undeniable. Yet UNFPA has actually made supportive
comments about some of the things that are going on in the PRC today concerning
their family planning efforts.
It is reprehensible to think that we might be contributing to an organization
that might be assisting in coercive abortion. That should not happen.
Mr. President, I look at the language that we have before the Senate in the
so-called Leahy language. I do not find it acceptable. I find no restriction
whatever on U.S. funds to international organizations, no restriction
PAGE
7
141 Cong Rec S 16492, *S16493
whatever. If it passes and if it became law, we will be giving money to
international groups that use abortion as a method of family planning.
That is offensive to me as a taxpayer. It is offensive to me to think that
the result of that is that U.S. tax dollars will be used in some way or another
to subsidize the destruction of innocent, unborn human beings.
I look at the House language. The House language is basically reinstating the
policy that we had from 1984 to January 1993. That policy saved [*S16494]
lives. Did it restrict use of family planning? No. Did family planning continue?
Yes. Did family planning continue with funding from the United States? Yes.
Over 350 organizations signed up and said, ' 'We will take your money and use
it for family planning, but we will not use abortion as a method of family
planning. That means organizations all across the world. It worked. Some
people said they would not sign up, but they did.
So we had family planning efforts, but we had family planning efforts
separate from abortion. That is what we are trying to do with this House
language.
I urge our colleagues to reject the Leahy amendment and support the House
language.
I might mention, also, I think that the House language, which passed
overwhelmingly, passed by a vote of 232-187. My guess is that if we do not have
language similar to that, we will not have a bill. We will be looking at the
foreign operations bill in a continuing resolution, in all likelihood,
throughout the year.
Mr. President, I urge my colleagues to vote ''no'' on the Leahy amendment. I
yield the floor.
Mr. LEAHY. Mr. President, very briefly, with all due respect to my friend
from Oklahoma, his description of the Leahy-Kassebaum amendment is not accurate.
Mr. President, we debated the basic aspects of the Leahy-Kassebaum amendment
less than a month ago. Mr. President, 57 Senators voted against what is in the
House position, voted against the position we seek to replace. Nothing has
changed since then.
The Leahy -Kassebaum amendment simply says that private family planning
organizations like the foreign organizations supported by the International
Planned Parenthood Federation should not be restricted to require more
subjective requirements, more restrictive than those applicable to Government.
In other words, it permits us to support private organizations, provided U.S.
Government funds are not used, are not used for abortion activities as we made
funds available for family planning to governments in countries where abortion
is legal, as it is in this country, just as we give foreign aid to countries
where abortion is legal, as it is in this country.
This bill contains the same explicit prohibition of funding for abortion that
has been the law for years. Not one dime in this bill could be spent on
abortion or anything related to abortion. The bill already contains a
PAGE
8
141 Cong Rec S 16492, *S16494
prohibition against using any United States funds in China.
The House amendment would, nevertheless, prohibit a U.S. contribution to the
U.N. population fund. I think that would be foolhardy. The question is whether
we should accept the House position so that the bill might go forward.
I ask unanimous consent that a statement of administration policy from OMB be
printed in the Record
There being no objection, the material was ordered to be printed in the
Record, as follows:
Office of the President,
Office of Management and Budget,
Washington, DC, October 31, 1995.
Re H.R. 1868-Foreign operations, export financing and related programs
appropriations bill, FY 1996 (Sponsors: Livingston, Louisiana; Callahan,
Alabama).
Statement of Administration Policy
(This statement has been coordinated by OMB with the concerned agencies)
This Statement of Administration Policy provides the Administration's views
on the item reported in disagreement by the conference on H.R. 1868, the Foreign
Operations, Export Financing, and Related Programs Appropriations Bill, FY 1996.
Your consideration of the Administration's views would be appreciated.
The conferees have reported in disagreement provisions related to population
assistance to non-governmental organizations. This is an issue of the highest
importance to the Administration.
The Administration opposes coercion in family planning practices, and no U.S.
assistance is used to pay for abortion as a method of family planning. The House
provision, however, would prohibit any assistance from being provided to
entities that fund abortions or lobby for abortions with private funds, thus
ending U.S. support for many qualified and experienced non-governmental
organizations providing vital voluntary family planning information and
services. The provision would also end U.S. support for the United Nations
Population Fund (UNFPA). This would sharply limit the availability of effective
voluntary family planning programs abroad that are designed to reduce the
incidence of unwanted pregnancy and thereby decrease the need for abortion. The
Administration also has serious concerns about the constitutionality of the
House provision. If the House language were included in the bill presented to
the President, the Secretary of State would recommend to the President that he
veto the bill.
Mr. LEAHY. I read the last sentence: ''If the House language were included in
the bill presented to the President, the Secretary of State would recommend to
the President he veto the bill.
PAGE
9
141 Cong Rec S 16492, *S16494
I think, Mr. President, we have heard debate for and against the
Leahy-Kassebaum amendment. I know Senators are concerned about their schedule,
and I am happy to go forward with a vote.
Mr. COVERDELL. I would like to thank the chairman for his leadership in
crafting this foreign operation conference report. In light of the budgetary
restriction placed upon all of these projects, I think the chairman has done a
skillful job of handling many divergent interests.
Mr. McCONNELL. I thank the Senator.
Mr. COVERDELL. I would also like to thank the Senator for his assistance in
attempting to remedy funding difficulties we have experienced for International
Narcotics Control. As the chairman knows, I am extremely concerned that funding
for U.S. drug interdiction efforts has been drastically declining since 1992.
During this time we have witnessed a proportionate increase in the use of drugs
in America. For example:
After a steep drop in monthly cocaine use between 1988 and 1991 from 2.9 to
1.3 million users, and a similar drop in overall drug use between 1991 and 1992,
from 14.5 to 11.4 million users, numbers released earlier this year revealed
that youth drug use increased in 1994, for all surveyed grades for crack,
cocaine, heroin, LSD, non-LSD hallucinogens, inhalants, and mari- juana.
According to the Department of Health and Human Services, illegal drug use
among the Nation's high school seniors has risen 44.6 percent in the last 2
years.
The resurgence of heroin in the United States borders on epidemic
proportions. DEA Administrator Thomas Constantine recently noted that heroin is
now available in more cities at lower prices and higher purities than ever
before in our history. In addition, Administrator Constantine says: ''For the
first time in our history, America's crime problem is being controlled by
worldwide drug syndicates who operate their networks from places like Cali,
Colombia * *
Mr. M C CONNELL. I am in complete agreement with my colleague from Georgia,
that we are at a crucial point in our war on drugs. Without the immediate
commitment of resources to stop the flow of illegal narcotics across our
borders, the United States will be facing the largest expansion of illicit drug
supplies and the greatest increase in drug use in modern American history.
Mr. COVERDELL. The chairman has clearly summarized the problem that the
Senate attempted to address by increasing funding for international drug control
in the foreign operations appropriations bill. I know the chairman shares my
concern that the conference report before us today severely undermines the
Senate's commitment to drug interdiction by decreasing the direct funding from $
150 to $ 115 million and replacing the $ 20 million mandatory transfer of funds
with language merely allowing the transfer of funds from 'Development
Assistance'' and/or the 'Economic Support Fund'' to 'International Narcotics
Control
Mr. M C CONNELL. The Senator from Georgia is correct. It is my understanding,
however, that the conference committee fully intended that the identified $ 20
million be transferred to International Narcotics Control.
PAGE
10
141 Cong Rec S 16492, *S16494
Mr. COVERDELL. I appreciate the chairman's clarification and would ask if the
chairman would be willing to assist the Senator from Georgia in securing these
resources.
Mr. M C CONNELL. I would say to my colleague, that I strongly support the
transfer of the funds, identified in the conference report, to International
Narcotics Control for drug interdiction [*S16495] activities and will work
side-by-side with the Senator from Georgia to ensure these resources are
committed to our war on drugs.
Mr. COVERDELL. I thank the chairman for his efforts to stop the flow of
illegal narcotics into the United States.
Mr. LEAHY. Mr. President, I ask for the yeas and nays on the motion to concur
in the House amendment with the Leahy-Kassebaum amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question is on agreeing to the motion.
The yeas and nays have been ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. LOTT. I announce that the Senator from Oregon (Mr. Hatfield ) is
necessarily absent.
I further announce that, if present and voting, the Senator from Oregon (Mr.
Hatfield ) would vote ''yea.
Mr. FORD. I announce that the Senator from New Jersey (Mr. Bradley ) is
absent because of illness in the family.
The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring
to vote?
The result was announced-yeas 53, nays 44, as follows:
(Rollcall Vote No. 561 Leg.)
YEAS-53
Akaka
Wellstone
NAYS-44
SEE HARDCOPY FOR NAMES
Abraham
Warner
NOT VOTING-2
Bradley
PAGE 11
141 Cong Rec S 16492, *S16495
So the motion was agreed to.
Mr. LEAHY. Mr. President, I move to reconsider the vote.
Mrs. MURRAY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. LEAHY. Mr. President, I see the distinguished leader in the Chamber. And
I just mention first that we have, so my colleagues will know--
The PRESIDING OFFICER. The Senator will suspend. The Senate will come to
order, please.
Mr. LEAHY. So colleagues would know, we have passed the conference and sent
one amendment back in disagreement.
Mr. DOLE. Let me thank the managers of the bill.
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PAGE
2
22 USCS @ 2151 (1998) printed in FULL format.
UNITED STATES CODE SERVICE
Copyright 1998, LEXIS Law Publishing, a division of Reed Elsevier Inc.
All rights reserved.
*** THIS SECTION IS CURRENT THROUGH 105-205, APPROVED 7/22/98
TITLE 22. FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32. FOREIGN ASSISTANCE
INTERNATIONAL DEVELOPMENT
DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS
22 USCS @ 2151 (1998)
@ 2151. Congressional findings and declaration of policy
(a) United States development cooperation policy. 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.
Therefore, the Congress declares that a principal objective of the foreign
policy of the United States is the encouragement and sustained support of the
people of developing countries in their efforts to acquire the knowledge and
resources essential to development and to build the economic, political, and
social institutions which will improve the quality of their lives.
United States development cooperation policy should emphasize four principal
goals:
(1) the alleviation of the worst physical manifestations of poverty among the
world's poor majority;
(2) the promotion of conditions enabling developing countries to achieve
self-sustaining economic growth with equitable distribution of benefits;
(3) the encouragement of development processes in which individual civil and
economic rights are respected and enhanced; and
(4) the integration of the developing countries into an open and equitable
international economic system.
The Congress declares that pursuit of these goals requires that development
concerns be fully reflected in United States foreign policy and that United
States development resources be effectively and efficiently utilized.
(b) Coordination of development-related activities. 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.
HISTORY:
(Sept. 4, 1961, P.L. 87-195, Part I, Ch 1, @ 101 [102], 75 Stat.
424; Aug. 1, 1962, P.L. 87-565, Part I, Ch 1, @ 101, 76 Stat. 255; Dec. 16,
1963, P.L. 88-205, Part I, Ch 1, @ 101 (c), 77 Stat. 379; Sept. 6, 1965, P.L.
PAGE
3
22 USCS @ 2151 (1998)
89-171, Part I, Ch 1, @ 101, 79 Stat. 653; Sept. 19, 1966, P.L. 89-583, Part I,
Ch 1, @ 101, 80 Stat. 796; Nov. 14, 1967, P.L. 90-137, Part I, Ch 1, @ 101, 81
Stat. 445; Dec. 17, 1973, P.L. 93-189, @ 2(2), 87 Stat. 714; Dec. 20, 1975, P.L.
94-161, Title III, @ 301, 89 Stat. 855; Aug. 3, 1977, P.L. 95-88, Title I, @@
101, 113 (b), 91 Stat. 533, 538; Oct. 6, 1978, P.L. 95-424, Title I, @ 101, 92
Stat. 937.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
References in text:
"This part", referred to in this section, is Part I of Act Sept. 4, 1961,
P.L. 87-195, 75 Stat. 424, popularly known as the Foreign Assistance Act of
1961, which appears generally as 22 USCS @@ 2151 et seq.. For full
classification of such Part, consult USCS Tables volumes.
Effective date of section:
This section is effective upon enactment on Sept. 4, 1961, as provided by Act
Sept. 4, 1961, P.L. 87-195, Part III, Ch 3, @ 641, 75 Stat. 460, which appears
as 22 USCS @ 2401.
Amendments:
1962. Act Aug. 1, 1962, in the fifth undesignated para., inserted "The
Congress further declares that any distinction made by foreign nations between
American citizens because of race, color, or religion in the granting of, or the
exercise of, personal or other rights available to American citizens is
repugnant to our principles. "; and added after the seventh undesignated para.
the following new paras.:
"It is the sense of Congress that in the administration of these funds great
attention and consideration should be given to those countries which share the
view of the United States on the world crisis and which do not, as a result of
United States assistance, divert their own economic resources to military or
propaganda efforts, supported by the Soviet Union or Communist China, and
directed against the United States or against other countries receiving aid
under this Act.
"The Congress further declares that in the administration of programs of
assistance under this Act, the highest practicable emphasis should be given to:
programs providing for loans or loan guarantees for use by institutions and
organizations in making repayable low-interest rate loans to individuals in
friendly foreign countries for the purchase of small farms, the purchase of
homes, the establishment, equipment and strengthening of small independent
business concerns, purchase of tools or equipment needed by individuals for
carrying on an occupation or a trade, or financing the opportunity for
individuals to obtain practical education in vocational and occupational skills,
and to those programs of technical assistance and development which will assist
in carrying out and in preparing a favorable environment for such programs.
While recognizing that special requirements, differing development needs and
political conditions in various assisted countries will affect the priority of
such programs and of each country's relative ability to implement them, it is
further the sense of Congress that each such assisted country should be
encouraged to give adequate recognition to such needs of the people in the
preparation of national development programs."
Such Act further inserted in the eleventh undesignated para. "It is the
sense of Congress that, where feasible, the United States Government invite
friendly nations to join in missions to consult with countries which are
recipients of assistance under this part on the possibilities for joint action
PAGE
4
22 USCS @ 2151 (1998)
to assure the effective development of plans for the economic development of
such recipient countries and the effective use of assistance provided them; and
that the President may request the assistance of international financial
institutions in bringing about the establishment of such missions.
1963. Act Dec. 16, 1963, added between the fourth and fifth undesignated
paras. the following new para. "It is the sense of the Congress that the
institution of full investment guaranty programs under title III of chapter 2 of
this part with all recipient countries would be regarded as a significant
measure of self-help by such countries improving the climate for private
investment both domestic and foreign. in the seventh undesignated para.
substituted "shall" for "should"; inserted after the tenth undesignated para.
the following new para. "It is the sense of the Congress that, in the
administration of programs of assistance under chapter 2 of this part, every
possible precaution should be taken to assure that such assistance is not
diverted to short-term emergency purposes (such as budgetary purposes,
balance-of-payments purposes, or military purposes) or any other purpose not
essential to the long-range economic development of recipient countries. in
the thirteenth undesignated para. substituted "The" for "Finally, the", inserted
(including private enterprise within such countries)", and inserted: "In
particular, the Congress urges that other industrialized free-world countries
increase their contributions and improve the forms and terms of their assistance
so that the burden of the common undertaking, which is for the benefit of all,
shall be equitably borne by all."; and after the thirteenth undesignated added
para. the following new para.
"It is the sense of the Congress that assistance authorized by this Act
should be extended to or withheld from the government of South Vietnam, in the
discretion of the President, to further the objectives of victory in the war
against communism and the return to their homeland of Americans involved in that
struggle
1965. Act Sept. 6, 1965, in the seventh undesignated para. substituted "It
is the sense of the Congress that in furnishing assistance under this part
excess personal property shall be utilized wherever practicable in lieu of the
procurement of new items for United States-assisted projects and programs. It is
the further sense of the Congress that assistance under this part shall be
complemented by the furnishing under any other Act of surplus agricultural
commodities and by disposal of excess property under this and other Acts. for
one which read: "It is the sense of the Congress that assistance under this part
shall be complemented by the furnishing under any other Act of surplus
agricultural commodities and by disposal of excess property under this and other
Acts."; and after the fourteenth undesignated para. added the following new
para. "It is the sense of the Congress that assistance under this or any other
Act to any foreign country which hereafter permits, or fails to take adequate
measures to prevent, the damage or destruction by mob action of United States
property within such country, should be terminated and should not be resumed
until the President determines that appropriate measures have been taken by such
country to prevent a recurrence thereof II
1966. Act Sept. 19, 1966, in the fifteenth undesignated para., inserted "and
to provide adequate compensation for such damage or destruction"; and after such
fifteenth undesignated para. added the following new para. "The furnishing of
economic, military, or other assistance under this Act shall not be construed as
creating a new commitment or as affecting any existing commitment to use armed
forces of the United States for the defense of any foreign country.
1967. Act Nov. 14, 1967, substituted this section for one which read:
"It is the sense of the Congress that peace depends on wider recognition of
the dignity and interdependence of men, and survival of free institutions in
PAGE
5
22 USCS @ 2151 (1998)
the United States can best be assured in a worldwide atmosphere of freedom.
"To this end, the United States has in the past provided assistance to help
strengthen the forces of freedom by aiding peoples of less developed friendly
countries of the world to develop their resources and improve their living
standards, to realize their aspirations for justice, education, dignity, and
respect as individual human beings, and to establish responsible governments.
"The Congress declares it to be a primary necessity, opportunity, and
responsibility of the United States, and consistent with its traditions and
ideals, to renew the spirit which lay behind these past efforts, and to help
make a historic demonstration that economic growth and political democracy can
go hand in hand to the end that an enlarged community of free, stable, and
self-reliant countries can reduce world tensions and insecurity.
"It is the policy of the United States to strengthen friendly foreign
countries by encouraging the development of their free economic institutions and
productive capabilities, and by minimizing or eliminating barriers to the flow
of private investment capital.
"It is the sense of the Congress that the institution of full investment
guaranty programs under title III of chapter 2 of this part with all recipient
countries would be regarded as a significant measure of self-help by such
countries improving the climate for private investment both domestic and
foreign.
"In addition, the Congress declares that it is the policy of the United
States to support the principles of increased economic cooperation and trade
among countries, freedom of the press, information, and religion, freedom of
navigation in international waterways, and recognition of the right of all
private persons to travel and pursue their lawful activities without
discrimination as to race or religion. The Congress further declares that any
distinction made by foreign nations between American citizens because of race,
color, or religion in the granting of, or the exercise of, personal or other
rights available to American citizens is repugnant to our principles. In the
administration of all parts of this Act these principles shall be supported in
such a way in our relations with countries friendly to the United States which
are in controversy with each other as to promote an adjudication of the issues
involved by means of international law procedures available to the parties.
"Accordingly, the Congress hereby affirms it to be the policy of the United
States to make assistance available, upon request, under this part in scope and
on a basis of long-range continuity essential to the creation of an environment
in which the energies of the peoples of the world can be devoted to constructive
purposes, free of pressure and erosion by the adversaries of freedom. It is the
sense of the Congress that in furnishing assistance under this part excess
personal property shall be utilized wherever practicable in lieu of the
procurement of new items for United States-assisted projects and programs. It is
the further sense of the Congress that assistance under this part shall be
complemented by the furnishing under any other Act of surplus agricultural
commodities and by disposal of excess property under this and other Acts.
"Also, the Congress reaffirms its conviction that the peace of the world and
the security of the United States are endangered SO long as international
communism continues to attempt to bring under Communist domination peoples now
free and independent and to keep under domination peoples once free but now
subject to such domination. It is, therefore, the policy of the United States to
continue to make available to other free countries and peoples, upon request,
assistance of such nature and in such amounts as the United States deems
advisable and as may be effectively used by free countries and peoples to help
them maintain their freedom. Assistance shall be based upon sound plans and
programs; be directed toward the social as well as economic aspects of
PAGE
6
22 USCS @ 2151 (1998)
economic development; be responsive to the efforts of the recipient countries to
mobilize their own resources and help themselves; be cognizant of the external
and internal pressures which hamper their growth; and should emphasize
long-range development assistance as the primary instrument of such growth.
"It is the sense of Congress that in the administration of these funds great
attention and consideration should be given to those countries which share the
view of the United States on the world crisis and which do not, as a result of
United States assistance, divert their own economic resources to military or
propaganda efforts, supported by the Soviet Union or Communist China, and
directed against the United States or against other countries receiving aid
under this Act.
"The Congress further declares that in the administration of programs of
assistance under this Act, the highest practicable emphasis should be given to:
programs providing for loans or loan guarantees for use by institutions and
organizations in making repayable low-interest rate loans to individuals in
friendly foreign countries for the purchase of small farms, the purchase of
homes, the establishment, equipment and strengthening of small independent
business concerns, purchase of tools or equipment needed by individuals for
carrying on an occupation or a trade, or financing the opportunity for
individuals to obtain practical education in vocational and occupational skills,
and to those programs of technical assistance and development which will assist
in carrying out and in preparing a favorable environment for such programs.
While recognizing that special requirements, differing development needs and
political conditions in various assisted countries will affect the priority of
such programs and of each country's relative ability to implement them, it is
further the sense of Congress that each such assisted country should be
encouraged to give adequate recognition to such needs of the people in the
preparation of national development programs.
"It is the sense of the Congress that, in the administration of programs of
assistance under chapter 2 of this part, every possible precaution should be
taken to assure that such assistance is not diverted to short-term emergency
purposes (such as budgetary purposes, balance-of-payments purposes, or military
purposes) or any other purpose not essential to the long-range economic
development of recipient countries.
"The Congress reaffirms its belief in the importance of regional
organizations of free peoples for mutual assistance, such as the North Atlantic
Treaty Organization, the Organization for Economic Cooperation and Development,
the European Economic Community, the Organization of American States, the
Colombo Plan, the South East Asia Treaty Organization, the Central Treaty
Organization, and others, and expresses its hope that such organizations may be
strengthened and broadened, and their programs of self-help and mutual
cooperation may be made more effective in the protection of the independence and
security of free people, and in the development of their economic and social
well-being, and the safeguarding of their basic rights and liberties.
"The Congress urges that all other countries (including private enterprise
within such countries) able to contribute join in a common undertaking to meet
the goals stated in this part. In particular, the Congress urges that other
industrialized free-world countries increase their contributions and improve the
forms and terms of their assistance so that the burden of the common
undertaking, which is for the benefit of all, shall be equitably borne by all.
It is the sense of Congress that, where feasible, the United States Government
invite friendly nations to join in missions to consult with countries which are
recipients of assistance under this part on the possibilities for joint action
to assure the effective development of plans for the economic development of
such recipient countries and the effective use of assistance provided them;
PAGE
7
22 USCS @ 2151 (1998)
and that the President may request the assistance of international financial
institutions in bringing about the establishment of such missions.
"It is the sense of the Congress that assistance authorized by this Act
should be extended to or withheld from the government of South Vietnam, in the
discretion of the President, to further the objectives of victory in the war
against communism and the return to their homeland of Americans involved in that
struggle.
"It is the sense of the Congress that assistance under this or any other Act
to any foreign country which hereafter permits, or fails to take adequate
measures to prevent, the damage or destruction by mob action of United States
property within such country, should be terminated and should not be resumed
until the President determines that appropriate measures have been taken by such
country to prevent a recurrence thereof and to provide adequate compensation for
such damage or destruction.
"The furnishing of economic, military, or other assistance under this Act
shall not be construed as creating a new commitment or as affecting any existing
commitment to use armed forces of the United States for the defense of any
foreign country
1973. Act. Dec. 17, 1973, designated existing provisions as subsec. (a) and
added subsec. (b)
1975. Act Dec. 20, 1975, added subsecs. (c) and (d).
1977. Act Aug. 3, 1977, substituted subsec. (d) for one which read:
" (d) For the purpose of assuring that development assistance furnished under
this chapter is increasingly concentrated in countries which will make effective
use of such assistance to help the poor toward a better life (especially such
countries which are suffering from the worst and most widespread poverty and are
in greatest need of outside assistance), the President shall establish
appropriate criteria to assess the commitment and progress of countries in
meeting the objectives set forth in subsection (c) of this section and in other
sections of this chapter. In establishing such criteria, the President shall
specifically take into account their value in assessing the efforts of countries
to--
II (1) increase agricultural productivity per unit of land through
small-farm labor-intensive agriculture;
" (2) reduce infant mortality;
" (3) control population growth;
" (4) promote greater equality of income distribution, including measures
such as more progressive taxation and more equitable returns to small farmers;
and
11 (5) reduce rates of unemployment and underemployment.
"The President shall endeavor to bring about the adoption of similar criteria
by international development organizations in which the United States
participates. Presentation materials submitted to the Congress with respect to
assistance under this chapter, beginning with fiscal year 1977, shall contain
detailed information concerning the steps being taken to implement this
subsection. "
Such Act further added subsec. (e)
1978. Act Oct. 6, 1978 (effective 10/1/78, as provided by @ 605 of such Act,
which appears as an Other provisions note to this section), substituted this
section for one which read:
II (a) The Congress declares that the freedom, security, and prosperity of the
United States are best sustained in a community of free, secure, and prospering
nations. In particular, the Congress recognizes the threat to world peace posed
by aggression and subversion wherever they occur, and that ignorance, want, and
despair breed the extremism and violence which lead to aggression and
PAGE
8
22 USCS @ 2151 (1998)
subversion. The Congress declares therefore that it is not only expressive of
our sense of freedom, justice, and compassion but also important to our national
security that the United States, through private as well as public efforts,
assist the people of less developed countries in their efforts to acquire the
knowledge and resources essential for development and to build the economic,
political, and social institutions which will meet their aspirations for a
better life, with freedom, and in peace.
"In addition, the Congress declares that it is the policy of the United
States to support the principles of increased economic cooperation and trade
among countries, freedom of the press, information, and religion, freedom of
navigation in international waterways, and recognition of the right of all
private persons to travel and pursue their lawful activities without
discrimination as to race or religion. The Congress further declares that any
distinction made by foreign nations between American citizens because of race,
color, or religion in the granting of, or the exercise of, personal or other
rights available to American citizens is repugnant to our principles.
"The Congress further declares that to achieve the objectives of this Act,
programs authorized by this Act should be carried out in accordance with the.
following principles:
"First, development is primarily the responsibility of the people of the less
developed 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 Act, 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 nations.
"Second, the tasks of successful development in some instances require the
active involvement and cooperation of many countries on a multilateral basis.
Therefore, to the maximum extent practicable, other countries shall be
encouraged to increase their contributions to development programs and projects
SO that the cost of such common undertakings, which are for the benefit of all,
may be shared equitably by all.
"Third, assistance shall be utilized to encourage regional cooperation by
less developed countries in the solution of common problems and the development
of shared resources.
"Fourth, the first objects of assistance shall be to support the efforts of
less developed countries to meet the fundamental needs of their peoples for
sufficient food, good health, home ownership and decent housing, and the
opportunity to gain the basic knowledge and skills required to make their own
way forward to a brighter future. In supporting these objectives, particular
emphasis shall be placed on utilization of resources for food production and
voluntary family planning.
"Fifth, assistance shall wherever practicable be constituted of United States
commodities and services furnished in a manner consistent with other efforts of
the United States to improve its balance of payments position.
"Sixth, assistance shall be furnished in such a manner as to promote
efficiency and economy in operations SO that the United States obtains maximum
possible effectiveness for each dollar spent.
"Seventh, to the maximum extent practicable, the furnishing of agricultural
commodities, disposal of excess property, and United States payments to
international lending institutions, undertaken pursuant to this or any other
Act, shall complement and be coordinated with assistance provided under this
part.
PAGE
9
22 USCS @ 2151 (1998)
"It is the sense of the Congress that every effort must be made to obtain a
permanent peace in the Middle East. To help promote that objective, the United
States should encourage, as part of pacific settlement, direct talks among the
parties concerned, using such third party or United Nations assistance as they
may wish. To this end, the President should undertake immediately (1) a thorough
review of the needs of the several countries of that area, and (2) a
reevaluation of United States policies aimed at helping meet those needs and
securing a permanent peace in the area.
"It is further the sense of the Congress that in any case in which any
foreign country has severed diplomatic relations with the United States, the
President should suspend assistance to such country under this or any other Act,
including any program designed to complement assistance under this Act (such as
sales of agricultural commodities under the Agricultural Trade Development and
Assistance Act of 1954). When diplomatic relations are resumed, a further study
should be made on a country-by-country basis to determine whether United States
foreign policy objectives would be served by extending assistance under this or
any other Act, including any program designed to complement such assistance.
(b) The Congress further finds and declares that, with the help of United
States economic assistance, progress has been made in creating a base for the
economic progress of the less developed countries. At the same time, the
conditions which shaped the United States foreign assistance program in the past
have changed. While the United States must continue to seek increased
cooperation and mutually beneficial relations with other nations, our relations
with the less developed countries must be revised to reflect the new realities.
In restructuring our relationships with these countries, the President should
place appropriate emphasis on the following criteria:
(1) Bilateral development aid should concentrate increasingly on sharing
American technical expertise, farm commodities, and industrial goods to meet
critical development problems, and less on large-scale capital transfers, which
when made should be in association with contributions from other industrialized
countries working together in a multilateral framework.
" (2) Future United States bilateral support for development 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; rural
development and nutrition; population planning and health; and education, public
administration, and human resource development.
(3) 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, and voluntary agencies.
" (4) 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.
II (5) United States bilateral development assistance should give the
highest 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.
" (6) The economic and social development programs to which the United
States lends support should reflect, to the maximum extent practicable, the role
of United States private investment in such economic and social development
programs.
" (7) 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.
PAGE
10
22 USCS @ 2151 (1998)
II (c) Assistance under this chapter should be used not simply for the purpose
of transferring financial resources to developing countries, but to help
countries solve development problems in accordance with a strategy that aims to
increase substantially the participation of the poor. Accordingly, greatest
emphasis shall be placed on countries and activities which effectively involve
the poor in development, by expanding their access to the economy through
services and institutions at the local level, increasing labor-intensive
production, spreading productive investment and services out from major cities
to small towns and outlying rural areas, and otherwise providing opportunities
for the poor to better their lives through their own effort.
II (d)
(1) Development assistance furnished under this chapter shall be
increasingly concentrated in countries which will make the most effective use of
such assistance to help the poor toward a better life (especially such countries
which are suffering from the worst and most widespread poverty and are in
greatest need of outside assistance). In order to make possible consistent and
informed judgments concerning which countries will make the most effective use
of such assistance, the President shall propose appropriate criteria and factors
to assess the commitment and progress of countries in meeting the objectives set
forth in subsection (c) of this section and in other sections of this chapter.
In developing such criteria and factors, the President shall specifically take
into account their value in assessing countries' actions which demonstrate
genuine concern and effective action for materially improving the lives of the
poor and their ability to participate in development, including but not limited
to efforts to--
11
(A) increase agricultural productivity per unit of land through
small-farm, labor-intensive agriculture;
II (B) reduce infant mortality;
II (C) control population growth;
II (D) promote greater equality of income distribution, including
measures such as more progressive taxation and more equitable returns to small
farmers; and
"
(E) reduce rates of unemployment and underemployment.
"A report on such proposed criteria and factors shall be transmitted to
the Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate by January 31, 1978.
II
(2) The President shall endeavor to bring about the adoption of similar
criteria and factors by international development organizations in which the
United States participates.
" (3) Presentation materials submitted to the Congress with respect to
assistance under this chapter, beginning with fiscal year 1977, shall contain
detailed information concerning the steps being taken to implement this
subsection.
" (e) For the purpose of promoting economic growth in the poorest countries,
the President is authorized, notwithstanding any other provision of law, to make
assistance under this chapter available to the relatively least developed
countries on a grant basis to the maximum extent that is consistent with the
attainment of United States development objectives
Redesignation:
This section, enacted as @ 102 of Act Sept. 4, 1961, was redesignated as @
101 of such Act by Act Oct. 6, 1978, P.L. 95-424, Title I, @ 101, 92 Stat. 937,
effective Oct. 1, 1978, as provided by @ 605 of such Act, which appears as an
Other provisions note to this section.
PAGE
11
22 USCS @ 2151 (1998)
Short titles:
Act Sept. 4, 1961, P.L. 87-195, @ 1, as added Sept. 30, 1961, P.L. 87-329,
Title I, @ 111, 75 Stat. 719, provided: "This Act may be cited as the 'Foreign
Assistance Act of 1961' For full classification of such Act, consult USCS
Tables volumes.
Act Aug. 1, 1962, P.L. 87-565, @ 1, 76 Stat. 255, provided: "This Act may be
cited as the Foreign Assistance Act of 1962' ". For full classification of such
Act, consult USCS Tables volumes.
Act Dec. 16, 1963, P.L. 88-205, @ 1, 77 Stat. 379, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1963' For full classification of such
Act, consult USCS Tables volumes.
Act Oct. 7, 1964, P.L. 88-633, @ 1, 78 Stat. 1009, provided: "This Act may be
cited as the Foreign Assistance Act of 1964 For full classification of such
Act, consult USCS Tables volumes.
Act Sept. 6, 1965, P.L. 89-171, @ 1, 79 Stat. 653, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1965' For full classification of such
Act, consult USCS Tables volumes.
Act Sept. 19, 1966, P.L. 89-583, @ 1, 80 Stat. 795, provided: "This Act may
be cited as the 'Foreign Assistance Act of 1966' ". For full classification of
such Act, consult USCS Tables volumes.
Act Nov. 14, 1967, P.L. 90-137, @ 1, 81 Stat. 445, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1967' For full classification of such
Act, consult USCS Tables volumes.
Act Oct. 8, 1968, P.L. 90-554, @ 1, 82 Stat. 960, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1968' For full classification of such
Act, consult USCS Tables volumes.
Act Dec. 30, 1969, P.L. 91-175, @ 1, 83 Stat. 805, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1969' For full classification of such
Act, consult USCS Tables volumes.
Act Jan. 5, 1971, P.L. 91-652, @ 1, 84 Stat. 1943, provided: "This Act may be
cited as the 'Special Foreign Assistance Act of 1971' ". For full classification
of such Act, consult USCS Tables volumes.
Act Feb. 7, 1972, P.L. 92-226, @ 1, 86 Stat. 20, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1971'.". For full classification of such
Act, consult USCS Tables volumes.
Act Dec. 17, 1973, P.L. 93-189, @ 1, 87 Stat. 714, provided: "This Act may be
cited as the 'Foreign Assistance Act of 1973' ". For full classification of such
Act, consult USCS Tables volumes.
Act July 8, 1974, P.L. 93-333, @ 1, 88 Stat. 290, provided: "This Act may be
cited as the 'Foreign Disaster Assistance Act of 1974 ". For full
classification of such Act, consult USCS Tables volumes.
Act Aug. 27, 1974, P.L. 93-390, @ 1, 88 Stat. 763, provided: "This Act may be
cited as the 'Overseas Private Investment Corporation Amendments Act of 1974'.".
For full classification of such Act, consult USCS Tables volumes.
Act Dec. 30, 1974, P.L. 93-559, @ 1, 88 Stat. 1795, provided: "This Act may
be cited as the 'Foreign Assistance Act of 1974' ". For full classification of
such Act, consult USCS Tables volumes.
Act Dec. 20, 1975, P.L. 94-161, @ 1, 89 Stat. 849, provided: "This Act may be
cited as the 'International Development and Food Assistance Act of 1975' ". For
full classification of such Act, consult USCS Tables volumes.
Act June 30, 1976, P.L. 94-329, @ 1, 90 Stat. 729, provided: "This Act may be
cited as the 'International Security Assistance and Arms Export Control Act of
1976' ". For full classification of such Act, consult USCS Tables volumes.
Act Aug. 3, 1977, P.L. 95-88, @ 1, 91 Stat. 533, provided: "This Act may be
cited as the 'International Development and Food Assistance Act of 1977'.".
PAGE 12
22 USCS @ 2151 (1998)
For full classification of such Act, consult USCS Tables volumes.
Act Aug. 4, 1977, P.L. 95-92, @ 1, 91 Stat. 614 provided: "This Act may be
cited as the 'International Security Assistance Act of 1977' ". For full
classification of such Act, consult USCS Tables volumes.
Act April 24, 1978, P.L. 95-268, @ 1, 92 Stat. 213, provided: "This Act may
be cited as the 'Overseas Private Investment Corporation Amendments Act of
1978' ". For full classification of such Act, consult USCS Tables volumes.
Act Sept. 26, 1978, P.L. 95-384, 1, 92 Stat. 730, provided: "This Act may be
cited as the 'International Security Assistance Act of 1978 ". For full
classification of such Act, consult USCS Tables volumes.
Act Oct. 6, 1978, P.L. 95-424, @ 1, 92 Stat. 937, provided: "This Act may be
cited as the 'International Development and Food Assistance Act of 1978' For
full classification of such Act, consult USCS Tables volumes.
Act Aug. 14, 1979, P.L. 96-53, @ 1, 93 Stat. 359, provided: "This Act may be
cited as the 'International Development Cooperation Act of 1979' ". For full
classification of such Act, consult USCS Tables volumes.
Act Oct. 29, 1979, P.L. 96-92, @ 1, 93 Stat. 701, provided: "This Act may be
cited as the 'International Security Assistance Act of 1979' For full
classification of such Act, consult USCS Tables volumes.
Act May 31, 1980, P.L. 96-257, @ 1, 94 Stat. 422, provided: "This Act may be
cited as the 'Special Central American Assistance Act of 1979' For full
classification of such Act, consult USCS Tables volumes.
Act Dec. 16, 1980, P.L. 96-533, @ 1, 94 Stat. 3131, provided: "This Act may
be cited as the 'International Security and Development Cooperation Act of
1980' ". For full classification of such Act, consult USCS Tables volumes.
Act Oct. 16, 1981, P.L. 97-65, @ 1, 95 Stat. 1021, provided: "This Act may be
cited as the 'Overseas Private Investment Corporation Amendments Act of 1981' ".
For full classification of such Act, consult USCS Tables volumes.
Act Dec. 29, 1981, P.L. 97-113, @ 1, 95 Stat. 1519, provided: "This Act may
be cited as the 'International Security and Development Cooperation Act of
1981 ". For full classification of such Act, consult USCS Tables volumes.
Act Nov. 14, 1983, P.L. 98-151, @ 101 (b) (2) in part, 97 Stat. 968, provides:
"Section 101 (b) (2) of this joint resolution may be cited as the 'International
Security and Development Assistance Authorizations Act of 1983' ". For full
classification of such section, consult USCS Tables volumes.
Act Nov. 22, 1983, P.L. 98-164, Title VII, @ 701, 97 Stat. 1045, provides:
"This title may be cited as the 'International Environment Protection Act of
1983 ". For full classification of such Title, consult USCS Tables volumes.
Act Aug. 8, 1985, P.L. 99-83, @ (a), 99 Stat. 190, effective Oct. 1, 1985,
as provided by @ 1301 of such Act, which appears as 22 USCS @ 2151-1 note,
provides: "This Act may be cited as the 'International Security and Development
Cooperation Act of 1985 ". For full classification of such Act, consult USCS
Tables volumes.
Act Aug. 8, 1985, P.L. 99-83, Title VI, @ 601, 99 Stat. 228, effective Oct.
1, 1985, as provided by @ 1301 of such Act, which appears as 22 USCS @ 2151-1
note, provides: "This title may be cited as the 'International Narcotics Control
Act of 1985' ". For full classification of such Act, consult USCS Tables
volumes.
Act Aug. 8, 1985, P.L. 99-83, Title VI, @ 601, 99 Stat. 228, effective Oct.
1, 1985, as provided by @ 1301 of such Act, which appears as 22 USCS @ 2151-1
note, provides: "This title may be cited as the 'International Narcotics Control
Act of 1985' ". For full classification of such Act, consult USCS Tables
volumes.
Act April 2, 1985, P.L. 99-8, @ 1, 99 Stat. 21-23, which appears as 22 USCS @
2292q note, provides: "This Act may be cited as the 'African Famine Relief and
PAGE 13
22 USCS @ 2151 (1998)
Recovery Act of 1985 ". For full classification of such Act, consult USCS
Tables volumes.
Act Oct. 24, 1986, P.L. 99-529, @ 1, 100 Stat. 3010, provides: "This Act may
be cited as the 'Special Foreign Assistance Act of 1986' For full
classification of such Act, consult USCS Tables volumes.
Act Oct. 27, 1986, P.L. 99-570, Title II, @ 2001, 100 Stat. 3207-60, which
provided for citation of such Title II as the "International Narcotics Control
Act of 1986", was repealed by Act Nov. 2, 1994, P.L. 103-447, Title I, @ 103 (c),
108 Stat. 4694.
Act Oct. 1, 1988, P.L. 100-461, Title V, @ 555, 102 Stat. 2268-36, which
enacted H.R. 5263 and S. 2757, Title I, @ 101, enacted into law, provides: "This
title may be cited as the 'Overseas Private Investment Corporation Amendments
Act of 1988 ". For full classification of such Title, consult USCS Tables
volumes.
Act Nov. 18, 1988, P.L. 100-690, Title IV, Subtitle A, @ 4001, 102 Stat.
4261, which provided for citation of such Title IV as the "International
Narcotics Control Act of 1988", was repealed by Act Nov. 2, 1994, P.L. 103-447,
Title I, @ 103 (b), 108 Stat. 4693.
Act Dec. 12, 1989, P.L. 101-222, @ (a), 103 Stat. 1892, provides: "This Act
may be cited as the 'Anti-Terrorism and Arms Export Amendments Act of 1989' ".
For full classification of such Act, consult USCS Tables volumes.
Act Dec. 13, 1989, P.L. 101-231, @ (a), 103 Stat. 1954, provides: "This Act
may be cited as the 'International Narcotics Control Act of 1989 ". For full
classification of such Act, consult USCS Tables volumes.
Act Dec. 19, 1989, P.L. 101-240, @ 1 (a), 103 Stat. 2492, provides: "This Act
may be cited as the 'International Development and Finance Act of 1989 ". For
full classification of such Act, consult USCS Tables volumes.
Act Dec. 19, 1989, P.L. 101-240, Title VII, @ 701, 103 Stat. 2521, effective
on enactment as provided by @ 801 of such Act, which appears as 22 USCS @ 262d
note, provides: "This title may be cited as the 'Global Environmental Protection
Assistance Act of 1989' ". For full classification of such Title, consult USCS
Tables volumes.
Act Nov. 21, 1990, P.L. 101-623, @ (a), 104 Stat. 3350, provides: "This Act
may be cited as the 'International Narcotics Control Act of 1990' ". For full
classification of such Act, consult USCS Tables volumes.
Act Nov. 2, 1992, P.L. 102-583, @ 1, 106 Stat. 4914, which provided for
citation of such Act as the International Narcotics Control Act of 1992, was
repealed by Act Nov. 2, 1994, P.L. 103-447, Title I, @ 103 (a), 108 Stat. 4693.
Act Oct. 28, 1992, P.L. 102-549, @ 1, 106 Stat. 3651, provides: "This Act may
be cited as the 'Jobs Through Exports Act of 1992' ". For full classification of
such Act, consult USCS Tables volumes.
Act Oct. 28, 1992, P.L. 102-549, Title VI, @ 601, 106 Stat. 3664, provides:
"This title may be cited as the 'Enterprise for the Americas Act of 1992' ". For
full classification of such Title, consult USCS Tables volumes.
Act Oct. 22, 1994, P.L. 103-392, @ 1, 108 Stat. 4098, provides: "This Act may
be cited as the 'Jobs Through Trade Expansion Act of 1994'." For full
classification of such Act, consult USCS Tables volumes.
Act Nov. 2, 1994, P.L. 103-447, @ 1, 108 Stat. 4691, provides: "This Act may
be cited as the 'International Narcotics Control Corrections Act of 1994 ". For
full classification of such Act, consult USCS Tables volumes.
Act Oct. 19, 1996, P.L. 104-319, @ 1, 110 Stat. 3864, provides: "This Act may
be cited as the 'Human Rights, Refugee, and Other Foreign Relations Provisions
Act of 1996' ". For full classification of such Act, consult USCS Tables
volumes.
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22 USCS @ 2151 (1998)
Transfer of functions:
All functions and authorities vested in the Secretary of State pursuant to
subsec. (b) of this section insofar as they relate to policy guidance other than
foreign policy guidance were transferred to the Director of the United States
International Development Cooperation Agency by @ 6 (c) (1) of Reorg. Plan No. 2
of 1979, 44 Fed. Reg. 41166, which appears as 22 USCS @ 2381 note.
Other provisions:
Administration of Part. For agency responsible for administration of Part
(see References in text note to this section), see Reorg. Plan No. 2 of 1979, @
6 (a) (1), 44 Fed. Reg. 4166, 93 Stat. 1379, effective Oct. 1, 1979, as provided
by @ 1-101 of Ex. Or. No. 12163 of Sept. 29, 1979, 44 Fed. Reg. 56673, which
appear as 22 USCS @ 2381 notes.
Repeals by Foreign Assistance Act of 1961; references to repealed provisions;
effect of repeal upon amendments. Act Sept. 4, 1961, P.L. 87-195, Part III, Ch
3, @ 642, 75 Stat. 460; Sept. 6, 1965, P.L. 89-171, Part III, Ch 3, @ 303 (a), 79
Stat. 661, provided:
" (a) There are hereby repealed--
" (1) Reorganization Plan Numbered 7 of 1953 [former 22 USC @ 1785 note].
" (2) the Mutual Security Act of 1954, as amended [former 22 USC @@ 1754 et
seq.] (except sections 402, 405 (a), 405 (c), 405(d), 408, 414, 417, 451 (c),
502 (a), 502 (b), 514, 523 (d), and 536 [22 USC @@ 1922, 1928, 1937, 1754 (a), (b),
1783 (d) and 1796; former 22 USC @@ 1925 (a), (c), (d), 1934, 1951 (c), 1766])
(3) section 12 of the Mutual Security Act of 1955 [former 22 USC 1811
note];
" (4) sections 12, 13, and 14 of the Mutual Security Act of 1956 [former 22
USC @@ 1870, 1753 and 1939 notes];
II
(5) section 503 of the Mutual Security Act of 1958 [former 22 USC @
1750a];
" (6) section 108 of the Mutual Security Appropriation Act, 1959 [former 22
USC @ 1922 note];
" (7) section 501 (a), chapter VI, and sections 702 and 703 of the Mutual
Security Act of 1959, as amended [former 22 USC @@ 1941, and 2051-2053, 1928b
and 1951 notes]; and
" (8) section 604 and chapter VII of the Mutual Security Act of 1960
[former 22 USC @@ 2071 and 2072, 1783 note].
" (b) References in law to the Acts, or provisions of such Acts, repealed by
subsection (a) of this section shall hereafter be deemed to be references to
this Act or appropriate provisions of this Act [this note among other things;
for classification, consult USCS Tables volumes].
" (c) The repeal of the Acts listed in subsection (a) of this section shall
not be deemed to affect amendments contained in such' Acts to Acts not named in
that subsection.
Repeal of short title provision. Act Sept. 4, 1961, P.L. 87-195, Part I, Ch
1, @ 101, 75 Stat. 424, which formerly appeared as a note to this section, was
repealed by Act Dec. 16, 1963, P.L. 88-205, Part I, Ch 1, @ 101 (b), 77 Stat 379.
It provided that Act Sept. 4, 1961, should be cited as the "Act for
International Development of 1961".
Infringement of religious freedom. Act Oct. 7, 1964, P.L. 88-633, Part V, @
501, 78 Stat. 1015, provided: "It is the sense of the Congress that the United
States deeply believes in the freedom of religion for all people and is opposed
to infringement of this freedom anywhere in the world. The Congress condemns the
persecution of any persons because of their religion. It is further the sense of
Congress that all persons should be permitted the free exercise of religion and
the pursuit of their culture.
PAGE
15
22 USCS @ 2151 (1998)
Reappraisal of foreign assistance programs. Act Oct. 8, 1968, P.L. 90-554,
Part V, @@ 501, 502, 82 Stat. 966, provided:
"Sec. 501. Declaration of policy. The Congress declares that, in view of
changing world conditions and the continued need to make United States foreign
assistance programs an effective implement of United States foreign policy,
there should be a comprehensive review and reorganization of all United States
foreign assistance programs, including economic development and technical
assistance programs, military assistance and sales programs, and programs
involving contributions and payments by the United States to international
lending institutions and other international organizations concerned with the
development of friendly foreign countries and areas.
"502. Reappraisal by the President. (a) In furtherance of the policy of this
part [this note], the President is requested to make a thorough and
comprehensive reappraisal of United States foreign assistance programs, as
described in section 501 [this note], and to submit to the Congress, on or
before March 31, 1970, his recommendations for achieving such reforms in and
reorganization of future foreign assistance programs as he determines to be
necessary and appropriate in the national interest in the light of such
reappraisal. The President is requested to submit to the Congress, on or before
July 1, 1969, an interim report presenting any preliminary recommendations
formulated by him pursuant to this section.
(b) It is the sense of the Congress that the reappraisal provided for in
subsection (a) should include, but not be limited to, an analysis and
consideration of proposals concerning the establishment of a Government
corporation or a federally chartered private corporation designed to mobilize
and facilitate the use of United States private capital and skills in less
developed friendly countries and areas, including whether such corporation
should be authorized to--
(1) utilize Government guarantees and funds as well as private funds;
(2) seek, develop, promote, and underwrite new investment projects;
II (3) assist in transferring skills and technology to less developed
friendly countries and areas; and
(4) invest in the securities of development financing institutions and
assist in the formation and expansion of local capital markets."
Representation of China in the United Nations. Act Feb. 9, 1970, P.L. 91-194,
Title I, @ 105, 84 Stat. 7, provided: "The Congress hereby reiterates its
opposition to the seating in the United Nations of the Communist China regime as
the representative of China, and it is hereby declared to be the continuing
sense of the Congress that the Communist regime in China has not demonstrated
its willingness to fulfill the obligations contained in the Charter of the
United Nations and should not be recognized to represent China in the United
Nations. In the event of the seating of representatives of the Chinese Communist
regime in the Security Council or General Assembly of the United Nations, the
President is requested to inform the Congress insofar as is compatible with the
requirements of national security, of the implications of this action upon the
foreign policy of the United States and our foreign relationships, including
that created by membership in the United Nations, together with any
recommendations which he may have with respect to the matter. ".
Similar provisions were contained in Act July 8, 1955, ch 301, @ 12, 69 Stat,
290; July 31, 1956, ch 803, @ 108, 70 Stat. 735; Sept. 3, 1957, P.L. 85-279, @
109, 71 Stat. 604; Aug. 28, 1958, P.L. 85-853, @ 105, 72 Stat. 1101; Sept. 28,
1959, P.L. 86-383, Title I, @ 112, 73 Stat. 720; Sept. 2, 1960, P.L. 86-704,
Title I, @ 107, 74 Stat. 779; Sept. 30, 1961, P.L. 87-329, Title I, @ 107, 75
Stat. 718; Oct. 23, 1962, P.L. 87-872, Title I, @ 105, 76 Stat. 1164; Jan. 6,
1964, P.L. 88-258, Title I, @ 105, 77 Stat. 858; Oct. 7, 1964, P.L. 88-634,
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Title I, @ 105, 78 Stat. 1017; Oct. 20, 1965, P.L. 89-273, Title I, @ 105, 79
Stat. 1003; Oct. 15, 1966, P.L. 89-691, Title I, @ 105, 80 Stat. 1020; Jan. 2,
1968, P.L. 90-249, Title I, @ 105, 81 Stat. 938; Act Oct. 17, 1968, P.L. 90-581,
Title I, @ 105, 82 Stat. 1139.
Funding of food-for-peace program. Section 2 of Act Feb. 7, 1972, P.L.
92-226, 86 Stat. 20, provided: "It is the sense of the Congress that funds to
administer the food-for-peace program should not be reduced as the result of any
reduction in the authorizations provided to carry out the Foreign Assistance Act
of 1961 [Act Sept 4, 1961, P.L. 87-195, 75 Stat. 424; for full classification,
consult USCS Tables volumes] ".
Conduct of Indochina War. Act Dec. 31, 1973, P.L. 93-189, @ 31, 87 Stat. 732,
provided: "No funds authorized or appropriated under any provision of law shall
be made available for the purpose of financing directly or indirectly any
military or paramilitary combat operations by foreign forces in Laos, Cambodia,
North Vietnam, South Vietnam, or Thailand unless (1) such operations are
conducted by the forces of that government receiving such funds within the
borders of that country, or (2) specifically authorized by law enacted after the
date of enactment of this Act [enacted Dec. 31, 1973] ".
Assistance to countries imprisoning citizens for political purposes. Act Dec.
17, 1973, P.L. 93-189, @ 32, 87 Stat. 733, provided: "It is the sense of
Congress that the President should deny any economic or military assistance to
the government of any foreign country which practices the internment or
imprisonment of that country's citizens for political purposes
Prisoners of war and individuals missing in action. Act of Dec. 17, 1973,
P.L. 93-189, @ 34, 87 Stat. 733, provided:
(a) The Congress declares that--
(1) the families of those one thousand three hundred individuals missing
in action during the Indochina conflict have suffered extraordinary torment in
ascertaining the full and complete information about their loved ones who are
formally classified as missing in action;
(2) United States involvement in the Indochina conflict has come to a
negotiated end with the signing of the Vietnam Agreement in Paris on January 27,
1973, and section 307 of the Second Supplemental Appropriations Act, 1973
[unclassified], requires that 'None of the funds herein appropriated under this
Act [unclassified] may be expended to support directly or indirectly combat
activities in or over Cambodia, Laos, North Vietnam, and South Vietnam or off
the shores of Cambodia, Laos, North Vietnam and South Vietnam by United States
forces, and after August 15, 1973, no other funds heretofore appropriated under
any other Act may be expended for such purpose
"(3) the question of the return of prisoners of war and accounting for
individuals missing in action and dead in Laos is covered by article 18 of the
Protocol signed by representatives of the Lao Patriotic Front (Pathet Lao) and
the Royal Laotian Government in Vietiane on September 14, 1973 (which implements
article 5 of the Agreement signed by the Pathet Lao and that government in
Vietiane on February 21, 1973, requiring the release of all prisoners
'regardless of nationality' captured and held in Laos), and paragraph C of such
article 18 provides that, within '15 to 30 days' from the date of the signing of
the Protocol, each side is to report the number of those prisoners and
individuals still held, with an indication of their nationality and status,
together with a list of names and any who died in captivity; and
(4) few of the United States men lost in Laos during the military
engagements in Indochina have been returned, and with knowledge about many of
these men not yet being fully disclosed, and the North Vietnam cease-fire
provisions calling for inspection of crash and grave sites and for other forms
of cooperation have not been fully complied with.
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II (b) It is, therefore, the sense of the Congress that--
" (1) the provisions for the release of prisoners and an accounting of
individuals missing and dead, as provided for in article 18 of the Protocol
signed on September 14, 1973, by the Pathet Lao and the Royal Laotian
Government, be adhered to in spirit and in deed; and
" (2) the faithful compliance with the spirit of the Laotian Agreement and
Protocol on the question of individuals missing in action will encourage all
parties in Indochina to cooperate in providing complete information on all
nationals of any nation who may be captured or missing at any place in
Indochina
"
Human rights in Chile. Act of Dec. 17, 1973, P.L. 93-189, @ 35, 87 Stat. 734,
provided: "It is the sense of the Congress that (1) the President should request
the Government of Chile to protect the human rights of all individuals, Chilean
and foreign, as provided in the Universal Declaration of Human Rights, the
Convention and Protocol Relating the Status of Refugees, and other relevant
international legal instruments guaranteeing the granting of asylum, safe
conduct, and the humane treatment or release of prisoners; (2) the President
should support international humanitarian initiatives by the United Nations High
Commissioner for Refugees and the International Committee of the Red Cross to
insure the protection and safe conduct and resettlement of political refugees,
the human treatment of political prisoners, and the full inspection of detention
facilities under international auspices; (3) the President should support and
facilitate efforts by voluntary agencies to meet emergency relief needs; and (4)
the President should request of the Inter-American Commission on Human Rights to
undertake an immediate inquiry into recent events occurring in Chile.
Use of local currencies. Act of Dec. 17, 1973, P.L. 93-189, @ 40, 87 Stat.
736, provided: "Effective July 1, 1974, no amount of any foreign currency
(including principal and interest from loan repayments) which accrues in
connection with any sale for foreign currency under any provision of law may be
used under any agreement entered into after the date of the enactment of this
Act, or any revision or extension entered into after such date of any prior or
subsequent agreement, to provide any assistance to any foreign country to
procure equipment, materials, facilities, or services for the common defense,
including internal security, unless such agreement is specifically authorized by
legislation enacted after such date.
Control of military forces in the Indian Ocean. Act June 30, 1976, P.L.
94-329, Title IV, @ 407, 90 Stat. 759; Sept. 26, 1978, P.L. 95-384, @
29 (c) (1) (D), 92 Stat. 747, provided:
"It is the sense of Congress that the President should undertake to enter
into negotiations with the Soviet Union intended to achieve an agreement
limiting the deployment of naval, air, and land forces of the Soviet Union and
the United States in the Indian Ocean and littoral countries. Such negotiations
should be convened as soon as possible and should consider, among other things,
limitations with respect to--
" (1) the establishment or use of facilities for naval, air, or land forces
in the Indian Ocean and littoral countries;
11 (2) the number of naval vessels which may be deployed in the Indian
Ocean, or the number of 'shipdays' allowed therein; and
II (3) the type and number of military forces and facilities allowed
therein.
United States development assistance. Act Aug. 3, 1977, P.L. 95-88, Title I,
@ 131, 91 Stat. 544, provided: "It is the sense of the Congress that the United
States should increase substantially its assistance for self-help development
among the world's poorest people. Such assistance should be provided in
accordance with the general policies and principles of chapter 1 of part I of
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22 USCS @ 2151 (1998)
the Foreign Assistance Act of 1961 [22 USCS @@ 2151 et seq. 1, with particular
emphasis on encouraging and supporting more equitable patterns of economic
growth, especially in the poorest countries, and should be coordinated with
similar expanded efforts by international organizations, donor nations, and the
recipient countries themselves.
Minority business participation in foreign assistance activities. Act Aug. 3,
1977, P.L. 95-88, Title I, @ 133, 91 Stat. 544; Aug. 14, 1979, P.L. 96-53, Title
I, @ 123, 93 Stat. 366, 367; Dec. 29, 1981, 97-113, Title VII, @ 734 (a) (6) in
part, 95 Stat. 1560, provided:
II (a) The Administrator of the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 [see the reference in text note to
this section] shall prepare and transmit to the Congress, not later than 30 days
after the date of enactment of this Act [enacted Aug. 3, 1977], a detailed plan
for the establishment of a section on minority business within such agency.
" (b) Such plan shall include, but shall not be limited to--
II (1) a description of where the section on minority business will be
located in such agency's organizational structure and what relevant lines of
authority will be established;
11
(2) a listing of the specific responsibilities that will be assigned to
the section on minority business to enable it to increase, in a rational and
effective manner, participation of minority business enterprises in activities
funded by such agency;
" (3) a design for a time-phase system for bringing about expanded minority
business enterprise participation, including specific recommendations for
percentage allocations of contracts by such agency to minority business
enterprises;
"
(4) a proposed reporting system that will permit objective measuring of
the degree of participation of minority business enterprises in comparison to
the total activities funded by such agency;
II
(5) a detailed projection of the administrative budgetary impact of the
establishment of the section on minority business; and
II
(6) a detailed set of objective criteria upon which determinations will
be made as to the qualifications of minority business enterprises to receive
contracts funded by such agency.
11 (c)
(1) Upon the enactment of the International Development Cooperation Act of
1979 [enacted Aug. 14, 1979], the section on minority business established
pursuant to subsection (a) shall be redesignated as the Minority Resource Center
(hereafter in this section referred to as the "Center") which shall be
responsible for increasing the participation of economically and socially
disadvantaged business enterprises in contract, procurement, grant, and research
and development activities funded by the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 [see the Reference in
text note to this section] (hereafter in this section referred to as the
'agency')
" (2) The Center shall--
" (A) establish, maintain, and disseminate information to, and otherwise
serve as an information clearinghouse for, economically and socially
disadvantaged business enterprises regarding business opportunities in
development assistance programs funded by the agency;
II (B) design and conduct programs to encourage, promote, and assist
economically and socially disadvantaged business enterprises to secure direct
contracts, host country contracts, operation expatriate contracts, indefinite
quantity contracts, subcontracts, projects, grants, and research and development
contracts in order for such enterprises to participate in such development
PAGE
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22 USCS @ 2151 (1998)
assistance programs;
"
(C) conduct market research, planning, economic and business analyses,
and feasibility studies to identify business opportunities in such development
assistance programs;
11 (D) develop support mechanisms which will enable socially and
economically disadvantaged businesses to take advantage of business
opportunities in such development assistance programs; and
" (E) enter into such contracts (to such extent or in such amounts as
are provided in appropriation Acts), cooperative agreements, or other
transactions as may be necessary in the conduct of its functions under this
section.
11 (3) The Administrator of the agency and the Secretary of State shall
provide the Center with such relevant information, including procurement
schedules, bids, and specifications with respect to development assistance
programs funded by the agency, as may be requested by the Center in connection
with the performance of its functions under this section.
" (4) There shall be a Director of the Center who shall be the chief
executive officer of the Center. The Director shall be appointed by the
Administrator of the agency.
" (5)
(A) For the purposes of this section, the term 'economically and
socially disadvantaged enterprise' means a business--
11 (i) which is at least 51 percent owned by one or more socially and
economically disadvantaged individuals or, in the case of a publicly owned
business, at least 51 percent of the stock of which is owned by one or more
socially and economically disadvantaged individuals; and
" (ii) whose management and daily business operations are controlled
by one or more such individuals.
" (B) Socially disadvantaged individuals are those who have been
subjected to racial or ethnic prejudice or cultural bias because of their
identity as a member of a group without regard to their individual qualities.
II (C) Economically disadvantaged individuals are those socially
disadvantaged individuals whose ability to compete in the free enterprise system
has been impaired due to diminished capital and credit opportunities as compared
to others in the same business area who are not socially disadvantaged. In
determining the degree of diminished credit and capital opportunities, the
Administrator of the agency shall consider, but not be limited to, the assets
and net worth of the socially disadvantaged individual.
11 (6) [Repealed]
11 (7) Of the funds available to the agency for operating expenses, up to $
950,000 for fiscal year 1980 may be allocated to the Center to carry out its
functions under this section.
" (8) If the Administrator of the agency determines that such a
consolidation would significantly further the purposes of this section and would
eliminate unnecessary duplication of activity, the Administrator may consolidate
the Center with the Office of Small and Disadvantaged Business Utilization
established in the agency by section 15 (k) of the Small Business Act [15 USCS @
644 (k)]. Any such consolidation shall ensure that all the functions specified in
paragraph (2) of this subsection continue to be carried out. Before implementing
any such consolidation, the Administrator shall submit to the Congress a
detailed report setting forth the reasons for the proposed consolidation."
Negotiations with Cuba. Act Aug. 17, 1977, P.L. 95-105, Title V, @ 511, 91
Stat. 861 provided:
(a) It is the sense of the Congress that any negotiations toward the
normalization of relations with Cuba be conducted in a deliberate manner and
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22 USCS @ 2151 (1998)
on a reciprocal basis, and that the vital concerns of the United States with
respect to the basic rights and interests of United States citizens whose
persons or property are the subject of such negotiations be protected.
" (b) Furthermore, it is the sense of Congress that the Cuban policies and
actions regarding the use of its military and paramilitary personnel beyond its
borders and its disrespect for the human rights of individuals are among the
elements which must be taken into account in any such negotiations."
Repeal of provision regarding United States relations with Soviet Union. Act
Sept. 26, 1978, P.L. 95-384, @ 24 (a), 92 Stat. 745, which was classified as a
note to this section, was repealed by Act Dec. 17, 1993, P.L. 103-199, Title
VII, @ 706, 107 Stat. 2329. The section provided findings and declaration
regarding a sound and stable relationship with the Soviet Union to strengthen
the security of the United States and improve prospects for world peace.
United States-Republic of China Mutual Defense Treaty. Act Sept. 26, 1978,
P.L. 95-384, @ 26, 92 Stat. 746, provided:
" (a) The Congress finds that--
11 (1) the continued security and stability of East Asia is a matter of
major strategic interest to the United States;
" (2) the United States and the Republic of China have for a period of
twenty-four years been linked together by the Mutual Defense Treaty of 1954;
" (3) the Republic of China has during that twenty-four-year period
faithfully and continually carried out its duties and obligations under that
treaty; and
II (4) it is the responsibility of the Senate to give its advice and consent
to treaties entered into by the United States.
" (b) It is the sense of the Congress that there should be prior consultation
between the Congress and the executive branch on any proposed policy changes
affecting the continuation in force of the Mutual Defense Treaty of 1954.".
Effective date of Oct. 6, 1978 amendments. Act Oct. 6, 1978, P.L. 95-424,
Title VI, @ 605, 92 Stat. 961, provided: "The amendments made by this Act shall
take effect on October 1, 1978.". For full classification of such Act, consult
USCS Tables volumes.
Accounting of Americans missing in action in Vietnam. Act Oct. 7, 1978, P.L.
95-426, Title VII, @ 705, 92 Stat. 992; Aug. 24, 1982, P.L. 97-241, Title V, @
505 (a) (2) in part, (b) (2) in part, 96 Stat. 299, provides: "The President shall
continue to take all possible steps to obtain a final accounting of all
Americans missing in action in Vietnam. For full classification of such Act,
consult USCS Tables volumes.
Similar provisions were contained in Act Aug. 17, 1977, P.L. 95-105, Title V,
@ 505, 91 Stat. 858; Aug. 24, 1982, P.L. 97-241, Title V, @ 505 (a) (2) in part,
(b) (2) in part, 96 Stat. 299.
Presidential implementation of import restrictions against Uganda. Ex. Or.
No. 12117 of Feb. 6, 1979, 44 Fed. Reg. 7937, provided:
"By the authority vested in me as President by the Constitution of the United
States of America, and in order to provide for the consistent implementation of
import restrictions imposed against Uganda by Section 5 (c) of the Act of October
10, 1978 (92 Stat. 1051) [former note to this section], it is hereby ordered as
follows:
"1-101. The Secretary of the Treasury shall administer those provisions of
Section (c) of the Act of October 10, 1978 (Public Law 95-435; 92 Stat. 1051;
22 U.S.C. 2151 note) which prohibit a corporation, institution, group or
individual from importing, directly or indirectly, into the United States or its
territories or possessions any article grown, produced, or manufactured in
Uganda. The Secretary of the Treasury shall issue such regulations that the
Secretary deems necessary to implement those import restrictions. Prior to
PAGE
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22 USCS @ 2151 (1998)
issuing those regulations the Secretary of the Treasury shall consult with the
Secretary of State.
"1-102. The Secretary of State shall advise the President whenever the
Secretary believes that 'the Government of Uganda is no longer committing a
consistent pattern of gross violations of human rights' within the meaning of
Section 5 (c) of the Act of October 10, 1978 [note to this section].
"1-103. If the President determines that the Government of Uganda is no
longer committing a consistent pattern of gross violations of human rights, he
shall so certify to the Congress. Thereafter, the Secretary of the Treasury
shall revoke the regulations issued pursuant to this Order.
Southeast Asian refugees. Act Aug. 14, 1979, P.L. 96-53, Title V, @ 509, 93
Stat. 379, effective Aug. 14, 1979, as provided by @ 512 (b) of such Act, which
appears as an Other provisions note to this section; Dec. 29, 1981, P.L. 97-113,
Title VII, @ 734 (a) (3) in part, 95 Stat. 1560, provided:
" (a)
(1) The refugee crisis in Indochina is unfolding as one of the great human
tragedies of our time.
II (2) At least seven hundred and fifty thousand human beings have fled
Vietnam, Kampuchea, and Laos since the spring of 1975.
" (3) Approximately three hundred thousand human beings currently remain in
refugee camps throughout Southeast Asia.
" (4) As many as two hundred and fifty thousand human beings may have
perished in their attempts to reach freedom and many thousands more face death
should the present situation continue.
If (5) The international borders are closing to the refugees fleeing from
Indochina.
" (6) The international community has failed to respond adequately to the
crisis, despite the existence of adequate mechanisms to respond.
" (b) It is the sense of the Congress that the President should continue to
support the efforts of the Secretary General of the United Nations to use
appropriate fora to deal with the refugee crisis in Southeast Asia."
Assistance to Latin American and Caribbean countries. Act Aug. 14, 1979, P.L.
96-53, Title I, @ 125, 93 Stat. 367, effective Oct. 1, 1979, as provided by @
512 (a) of such Act, which appears as a note to this section, provided: "It is
the sense of the Congress that the United States should place greater emphasis
on public and private resources for development programs in Latin America and
the Caribbean which address problems common to the Western Hemisphere. It is
further the sense of the Congress that provision of such assistance to Latin
America and Caribbean countries, including transitional developing countries, is
consistent with the purposes of part I of the Foreign Assistance Act of 1961
[see the Reference in text note to this section] ".
Increase of foreign contributions for development assistance. Act Aug. 14,
1979, P.L. 96-53, Title I, @ 126, 93 Stat. 368, effective Oct. 1, 1979, as
provided by @ 512 (a) of such Act, which appears as a note to this section,
provided: "In recognition of the rapidly growing economic strength and ability
to contribute to international development and security efforts of other
nations, it is the sense of the Congress that the President should take all
appropriate steps to negotiate with those nations with adequate financial
resources to provide assistance to increase their contributions for development
assistance through multilateral programs as well as through bilateral efforts.
Effective dates of Aug. 14, 1979 amendments. Act Aug. 14, 1979, P.L. 96-53,
Title V, @ 512, 93 Stat. 380, provided:
II (a) Except as provided in subsection (b) of this section and in section
503 (b) [22 USCS @ 2385a note], this Act [22 USCS @@ 2151 et seq.] shall take
effect on October 1, 1979.
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22 USCS @ 2151 (1998)
II (b) Sections 114 (b) [unclassified], 123 [amending a note to this section],
501 [unclassified], and 509 [amending a note to this section] of this Act shall
take effect on the date of enactment of this Act [enacted Aug. 14, 1979] .".
Delegation of Presidential functions. For delegation of Presidential
functions under the Foreign Assistance Act of 1961 (22 USCS @@ 2151 et seq.),
see @ 1-102 of Ex. Or. No. 12163 of Sept. 29, 1979, 44 Fed. Reg. 56673, which
appears as 22 USCS @ 2381 note.
Cuban refugees. Act Dec. 16, 1980, P.L. 96-533, Title VII, @ 715, 94 Stat.
3161, provided:
" (a) The Congress finds that--
(1) the flow of refugees for political, economic, or other compelling
reasons is a growing and world-wide phenomenon;
" (2) the United States represents freedom of thought and action and
economic opportunity and has historically played a major role in providing a
home to the refugees of the world;
" (3) an orderly and lawful refugee process is necessary for the
furtherance of United States domestic well-being;
" (4) continuation of the traditional compassionate and humanitarian policy
of the United States regarding entry to its shores of refugees and other victims
of oppression is threatened by the precipitate influx of large numbers of Cubans
fleeing their country;
" (5) the United States has sought to negotiate with the Government of Cuba
to establish a lawful, safe, and orderly process by which Cubans may be allowed
to leave their country; and
" (6) the Cuban refugee crisis is a problem of international concern and
other nations should contribute to its resolution.
(b)
(1) The Congress urges the President to take the necessary steps to
encourage and secure greater international cooperation with respect to the large
number of Cuban natives who have recently fled or are attempting to flee Cuba.
Such steps should include seeking the agreement of other countries to admit some
of those persons into their respective countries and to contribute funds and
other assistance for the resettlement of those persons.
(2) In order to encourage countries throughout the world which are
recipients of United States bilateral and multilateral assistance to permit and
to help finance the resettlement of Cuban and other refugees within their
borders, the President shall, to the maximum extent feasible, attempt to channel
such assistance to countries which have demonstrated a willingness to provide
assistance to Cuban and other refugees.
" (c) It is the sense of the Congress that, in carrying out subsection (b) (1),
the President should seek the discussion, in an appropriate international forum
such as the United Nations or the Organization of American States, of the
situation involving the flight of large numbers of Cuban natives from Cuba, of
the resettlement of Cuban refugees, and of means by which a more orderly process
may be established to handle future crises of a similar nature. II
Termination of certain amendments to Foreign Assistance Act and Arms Export
Control Act. Act Dec. 29, 1981, P.L. 97-113, Title VII, @ 734 (c), 95 Stat. 1561,
provides: "Except as otherwise explicitly provided by their terms, amendments to
the Foreign Assistance Act of 1961 [22 USCS @@ 2151 et seq. and the Arms Export
Control Act [22 USCS @@ 2751 et seq.] which are applicable only to a single
fiscal or calendar year or which require reports or other actions on a
nonrecurring basis shall be deemed to have expired and shall be removed from law
upon the expiration of the applicable time periods for the fulfillment of the
required actions.
Negotiations with Palestine Liberation Organization. Act Aug. 8, 1985, P.L.
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22 USCS @ 2151 (1998)
99-83, Title XIII, @ 1302, 99 Stat. 280, effective Oct. 1, 1985, as provided by
@ 1301 of such Act, which appears as 22 USCS @ 2151-1 note; Feb. 16, 1990, P.L.
101-246, Title I, Part A, @ 108, 104 Stat. 21, provides:
II (a) United States policy. The United States in 1975 declared in a memorandum
of agreement with Israel, and has reaffirmed since, that 'The United States will
continue to adhere to its present policy with respect to the Palestine
Liberation Organization, whereby it will not recognize or negotiate with the
Palestine Liberation Organization SO long as the Palestine Liberation
Organization does not recognize Israel's right to exist and does not accept
Security Council Resolutions 242 and 338.'.
" (b) Reaffirmation and codification of policy. The United States hereby
reaffirms that policy. In accordance with that policy, no officer or employee of
the United States Government and no agent or other individual acting on behalf
of the United States Government shall negotiate with the Palestine Liberation
Organization or any representatives thereof (except in emergency or humanitarian
situations) unless and until the Palestine Liberation Organization recognizes
Israel's right to exist, accepts United Nations Security Council Resolutions 242
and 338, and renounces the use of terrorism, except that no funds authorized to
be appropriated by this or any other Act may be obligated or made available for
the conduct of the current dialogue on the Middle East peace process with any
representative of the Palestine Liberation Organization if the President knows
and advises the Congress that that representative directly participated in the
planning or execution of a particular terrorist activity which resulted in the
death or kidnapping of a United States citizen."
Assistance for Panama. Act Nov. 21, 1989, P.L. 101-167, Title V, @ 561, 103
Stat. 1239, provides:
(a) Unless the President certifies to Congress that--
" (1) the Government of Panama has demonstrated substantial progress in
assuring civilian control of the armed forces and that the Panama Defense Forces
and its leaders have been removed from nonmilitary activities and institutions;
" (2) an impartial investigation into allegations of illegal actions by
members of the Panama Defense Force is being conducted;
" (3) a satisfactory agreement has been reached between the governing
authorities and representatives of the opposition forces on conditions for free
and fair elections; and
" (4) freedom of the press and other constitutional guarantees, including
due process of law, are being restored to the Panamanian people;
then no United States assistance (including any such assistance appropriated
and previously obligated) shall be obligated or expended for programs, projects,
or activities which assist or lend support for the Noriega regime, or ministries
of government under the control of the Noriega regime, or any successor regime
that does not meet the criteria specified in subsection (a) of this section in
this fiscal year and any fiscal year thereafter, and none of the funds
appropriated or otherwise made available in this Act, or any other Act, shall be
used to finance any participation of the United States in joint military
exercises conducted in Panama during the fiscal year 1990.
II (b) It is the sense of the Congress that if the conditions described in
paragraphs (1) through (4) of subsection (a) have been certified as having been
met, then not only will United States assistance be restored, but increased
levels of such assistance should be considered for Panama.
II (c) For purposes of this section, the term 'United States assistance' means
assistance of any kind which is provided by grant, sale, loan, lease, credit,
guaranty, or insurance, or by any other means, by any agency or instrumentality
of the United States Government, including--
"(1) assistance under the Foreign Assistance Act of 1961 [Act Sept 4,
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24
22 USCS @ 2151 (1998)
1961, P.L. 87-195, 75 Stat. 424; for full classification, consult USCS Tables
volumes] (including programs under title IV of chapter 2 of part I of such Act
[22 USCS @@ 2191 et seq.
" (2) sales, credits, and guarantees under the Arms Export Control Act [22
USCS @@ 2341 et seq.; for full classification, consult USCS Tables volumes];
II (3) sales under title I or III [7 USCS @@ 1701 et seq. 1727 et seq.] and
donations under title II [7 USCS @@ 1721 et seq.] of the Agricultural Trade
Development and Assistance Act of 1954 of nonfood commodities;
" (4) other financing programs of the Commodity Credit Corporation for
export sales of nonfood commodities;
II (5) financing under the Export-Import Bank Act of 1945 [12 USCS @@ 635 et
seq.;) and
" (6) assistance provided by the Central Intelligence Agency or assistance
provided by any other entity or component of the United States Government if
such assistance is carried out in connection with, or for purposes of
conducting, intelligence or intelligence-related activities except that this
shall not include activities undertaken solely to collect necessary
intelligence;
except that the term 'United States assistance' does not include (A)
assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 [22
USCS @@ 2151 et seq.] insofar as such assistance is provided through private and
voluntary organizations or other nongovernmental agencies, (B) assistance which
involves the donations of food or medicine, (C) disaster relief assistance
(including any assistance under chapter 9 of part I of the Foreign Assistance
Act of 1961 [22 USCS @@ 2292 et seq.]), (D) assistance for refugees, (E)
assistance under the Inter-American Foundation Act [ USCS @ 290f], (F)
assistance necessary for the purpose of continuing participant training programs
(including scholarships) already being supported as of the date of any
prohibition of assistance otherwise applicable to Panama, or (G) assistance made
available for termination costs arising from the requirements of this section.
(d) The Secretary of the Treasury shall instruct the United States Executive
Directors to the International Financial Institutions (the International Bank
for Reconstruction and Development, the International Finance Corporation, and
the Inter-American Development Bank) to vote against any loan to Panama, unless
the President has certified in advance that the conditions set forth in
subsection (a) of this section have been met.
[Functions of President under this section were delegated to the Secretary of
State by @ 1-201 (a) (28) of Ex. Or. No. 12163 of Sept. 29, 1979, 44 Fed .Reg.
56673, which appears as 22 USCS @ 2381 note.]
Similar provisions were contained in the following prior appropriations acts:
Oct. 29, 1979, P.L. 96-92, @ 28, 93 Stat. 711, which was repealed by Act Dec.
29, 1981, P.L. 97-113, Title VII, @ 734 (a) (11), 95 Stat. 1560; Dec. 22, 1987,
P.L. 100-202, @ 101 (e) [Title V, @ 5701], 101 Stat. 1329-131, 1329-174; Oct. 1,
1988, P.L. 100-461, Title V, @ 564, 102 Stat. 2268-40.
Suspension of certain programs and activities relating to the People's
Republic of China. Act Feb. 16, 1990, P.L. 101-246, Title IX, @ 902, 104 Stat.
83; Oct. 28, 1992, P.L. 102-549, Title II, @ 202 (e), 106 Stat. 3658, provides:
(a) Suspensions.
(1) Overseas Private Investment Corporation. The Overseas Private
Investment Corporation shall continue to suspend the issuance of any new
insurance, reinsurance, guarantees, financing, or other financial support with
respect to the People's Republic of China, unless the President makes a report
under subsection (b) (1) or (2) of this section.
(2) Trade and Development Program. The President shall suspend the
obligation of funds under the Foreign Assistance Act of 1961 [Act Sept 4,
PAGE
25
22 USCS @ 2151 (1998)
1961, P.L. 87-195, 75 Stat. 424; for full classification, consult USCS Tables
volumes] for any new activities of the Trade and Development Program [Trade and
Development Agency] with respect to the People's Republic of China, unless the
President makes a report under subsection (b) (1) or (2) of this section.
II (3) Munitions export licenses.
(A) The issuance of licenses under section 38 of the Arms Export
Control Act [22 USCS @ 2778] for the export to the People's Republic of China of
any defense article on the United States Munitions List, including helicopters
and helicopter parts, shall continue to be suspended, subject to subparagraph
(B), unless the President makes a report under subsection (b) (1) or (2) of this
section.
II (B) The suspension set forth in subparagraph (A) shall not apply to
systems and components designed specifically for inclusion in civil products and
controlled as defense articles only for purposes of export to a controlled
country, unless the President determines that the intended recipient of such
items is the military or security forces of the People's Republic of China.
11 (4) Crime control and detection instruments and equipment. The issuance
of any license under section 6 (k) of the Export Administration Act of 1979 [50
USCS Appx. @ 2405 (k) for the export to the People's Republic of China of any
crime control or detection instruments or equipment shall be suspended, unless
the President makes a report under subsection (b) (1) or (2) of this section.
" (5) Export of satellites for launch by the People's Republic of China.
Exports of any satellite of United States origin that is intended for launch
from a launch vehicle owned by the People's Republic of China shall remain
suspended, unless the President makes a report under subsection (b) (1) or (2) of
this section.
" (6) Nuclear cooperation with the People's Republic of China.
(A) Any --
" (i) application for a license under the Export Administration Act
of 1979 [50 USCS Appx. @@ 2401 et seq.] for the export to the People's Republic
of China for use in a nuclear production or utilization facility of any goods or
technology which, as determined under section 309 (c) of the Nuclear
Non-Proliferation Act of 1978 [ USCS @ 2139a (c) could be of significance for
nuclear explosive purposes, or which, in the judgment of the President, is
likely to be diverted for use in such a facility, for any nuclear explosive
device, or for research on or development of any nuclear explosive device, shall
be suspended,
" (ii) application for a license for the export to the People's
Republic of China of any nuclear material, facilities, or components subject to
the Agreement shall be suspended,
" (iii) approval for the transfer or retransfer to the People's
Republic of China of any nuclear material, facilities, or components subject to
the Agreement shall not be given, and
11 (iv) specific authorization for assistance in any activities with
respect to the People's Republic of China relating to the use of nuclear energy
under section 57b. (2) of the Atomic Energy Act of 1954 [42 USCS @ 2077 (b) (2)]
shall not be given,
until the conditions specified in subparagraph (B) are met.
" (B) Subparagraph (A) applies until-
II
(i) the President certifies to the Congress that the People's
Republic of China has provided clear and unequivocal assurances to the United
States that it is not assisting and will not assist any nonnuclear-weapon state,
either directly or indirectly, in acquiring nuclear explosive devices or the
materials and components for such devices;
II (ii) the President makes the certifications and submits the
PAGE
26
22 USCS @ 2151 (1998)
report required by Public Law 99-183 [unclassified] and
" (iii) the President makes a report under subsection (b) (1) or (2)
of this section.
" (C) For purposes of this paragraph, the term 'Agreement' means the
Agreement for Cooperation Between the Government of the United States of America
and the Government of the People's Republic of China Concerning Peaceful Uses of
Nuclear Energy (done on July 23, 1985).
II (7) Liberalization of export controls.
(A) The President shall negotiate with the governments participating in
the group known as the Coordinating Committee (COCOM) to suspend, on a
multilateral basis, any liberalization by the Coordinating Committee of controls
on exports of goods and technology to the People's Republic of China under
section 5 of the Export Administration Act of 1979 [50 USCS Appx. @ 2404],
including--
" (i) the implementation of bulk licenses for exports to the People's
Republic of China; and
" (ii) the raising of the performance levels of goods or technology
below which no authority or permission to export to the People's Republic of
China would be required.
11
(B) The President shall oppose any liberalization by the Coordinating
Committee of controls which is described in subparagraph (A) (ii), until the end
of the 6-month period beginning on the date of enactment of this Act or until
the President makes a report under subsection (b) (1) or (2) of this section,
whichever occurs first.
" (b) Termination of suspensions. A report referred to in subsection (a) is a
report by the President to the Congress either--
" (1) that the Government of the People's Republic of China has made
progress on a program of political reform throughout the country, including
Tibet, which includes--
" (A) lifting of martial law;
" (B) halting of executions and other reprisals against individuals for
the nonviolent expression of their political beliefs;
" (C) release of political prisoners;
" (D) increased respect for internationally recognized human rights,
including freedom of expression, the press, assembly, and association; and
"
(E) permitting a freer flow of information, including an end to the
jamming of Voice of America and greater access for foreign journalists; or
11 (2) that it is in the national interest of the United States to terminate
a suspension under subsection (a) (1), (2), (3), (4), or (5), to terminate a
suspension or disapproval under subsection (a) (6), or to terminate the
opposition required by subsection (a) (7), as the case may be.
11 (c) Reporting requirement. Sixty days after the date of enactment of this
Act, the President shall submit to the Congress a report on--
"
(1) any steps taken by the Government of China to achieve the objectives
described in subsection (b) (1) ;
" (2) the effect of multilateral sanctions on political and economic
developments in China and on China's international economic relations;
" (3) the impact of the President's actions described in section 901 (a) (9)
[unclassified] and of the suspensions under subsection (a) of this section on--
" (A) political and economic developments in China;
11 (B) the standard of living of the Chinese people;
" (C) relations between the United States and China; and
II (D) the actions taken by China to promote a settlement in Cambodia
which will ensure Cambodian independence, facilitate an act of
self-determination by the Cambodian people, and prevent the Khmer Rouge from
PAGE
27
22 USCS @ 2151 (1998)
returning to exclusive power;
II (4) the status of programs and activities suspended under subsection (a);
and
" (5) the additional measures taken by the President under section 901 (c)
if repression in China deepens.
[Pres. Det. of Jan. 12, 1998, 63 Fed. Reg. 3447, in a memorandum for the
Secretary of State, certifies that the People's Republic of China has provided
clear and unequivocal assurances to the United States that it is not assisting
and will not assist any nonnuclear-weapon state, either directly or indirectly,
in acquiring nonnuclear explosive devices or the material and components for
such devices.]
Peace process in Liberia. Act April 16, 1992, P.L. 102-270, 106 Stat. 106,
provides:
"That the Congress--
" (a)
(1) strongly supports the peace process for Liberia initiated by the
Yamoussoukro peace accord;
" (2) urges all parties to abide by the terms of the Yamoussoukro
agreement;
" (3) commends and congratulates the governments of the Economic Community
of West African States (ECOWAS) for their leadership in seeking peace in
Liberia; and
" (4) extends particularly praise to President Babangida of Nigeria,
President Houphouet-Boigny of Cote d'Ivoire, and President Diouf of Senegal for
their efforts to resolve this conflict.
" (b) Authorization of limited assistance. Notwithstanding section 620 (q) of
the Foreign Assistance Act of 1961 [22 USCS @ 2370 (q) or any similar provision,
the President is authorized to provide--
11 (1) nonpartisan election and democracy-building assistance to support
democratic institutions in Liberia, and
" (2) assistance for the resettlement of refugees, the demobilization and
retraining of troops, and the provision of other appropriate assistance to
implement the Yamoussoukro peace accord:
Provided, That the President determines and SO certifies to the committee on
Foreign Relations and the Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on Appropriations of the House of
Representatives that Liberia has made significant progress toward
democratization and that the provision of such assistance will assist that
country in making further progress and is otherwise in the national interest of
the United States. A separate determination and certification shall be required
for each fiscal year in which such assistance is to be provided.
Horn of Africa recovery and food security. Act April 21, 1992, P.L. 102-274,
106 Stat. 115, popularly known as the Horn of Africa Recovery and Food Security
Act, provided findings of Congress concerning the Horn of Africa (the region
comprised of Ethiopia, Somalia, Sudan, and Djibouti), stated policy regarding
individual countries, authorized a relief and rehabilitation program, provided
for a peace initiative and a food security and recovery strategy, prohibited
security assistance to Ethiopia, Somalia, or Sudan for fiscal year 1992 or 1993
absent a certification by the President, and required the President to submit a
report to Congress on the efforts and progress in carrying out this Act not
later than 180 days after April 21, 1992, and each 180 days thereafter.
Presidential determination and certification under Public Law 102-274:
Ethiopia. Pres. Det. 92-27 of May 26, 1992 / 57 Fed. Reg. 24925, provides:
"Pursuant to the authority vested in me by section 8 of the Horn of Africa
Recovery and Food Security Act (Public Law 102-274; 106 Stat. 115)
PAGE
28
22 USCS @ 2151 (1998)
[unclassified], I hereby determine and certify that the Government of Ethiopia:
" (1) has begun to implement peace agreements and national reconciliation
agreements;
" (2) has demonstrated a commitment to human rights within the meaning of
sections 116 and 502B of the Foreign Assistance Act of 1961 [22 USCS @@ 2151n
and 2304]
(3) has manifested a commitment to democracy, has established a timetable
for free and fair elections, and has agreed to implement the results of those
elections; and
II (4) has agreed to distribute developmental assistance on the basis of
need without regard to political affiliation, geographic location, or the
ethnic, tribal, or religious identity of the recipient.
"You are authorized and directed to report this determination and
certification to the Congress and to publish it in the Federal Register.
Construction of references to Trade and Development Program. Act Oct. 28,
1992, P.L. 102-549, Title II, @ 202 (e), 106 Stat. 3658, provides: "Any reference
in any law to the Trade and Development Program shall be deemed to be a
reference to the Trade and Development Agency
Use of funds for financial incentives to relocate business operations outside
of the United States. Act Oct. 28, 1992, P.L. 102-549, Title VIII, @ 801, 106
Stat. 3671, provides: "No funds made available to carry out any provision of
this Act or the amendments made by this Act [for full classification, consult
USCS Tables volumes] may be obligated or expended for any financial incentive to
a business enterprise currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United States, if such
incentive or inducement is likely to reduce the number of employees in the
United States because United States production is being replaced by such
enterprise outside the United States.
Use of funds for projects or activities contributing to violations of
internationally recognized worker rights. Act Oct. 28, 1992, P.L. 102-549, Title
VIII, @ 802, 106 Stat. 3671, provides: "No funds made available to carry out any
provision of this Act or the amendments made by this Act [for full
classification, consult USCS Tables volumes] may be obligated or expended for
any project or activity that contributes to the violation of internationally
recognized workers rights, as defined in section 502 (a) (4) of the Trade Act of
1974 [19 USCS @ 2462 (a) (4)], of workers in the recipient country, including any
designated zone in that country.
Repeal of provision for waiver of restrictions for narcotics-related economic
assistance. Act Nov. 2, 1992, P.L. 102-583, @ 8, 106 Stat. 4933, which formerly
appeared as a note to this section, was repealed by Act Nov. 2, 1994, P.L.
103-447, Title I, @ 103 (a), 108 Stat. 4693. It authorized the provision of
narcotics-related assistance under 22 USCS @@ 2151 et seq. for fiscal years 1992
through 1994, notwithstanding other provisions of law restricting assistance to
foreign countries, subject to notification of appropriate congressional
committees.
Repeal of provision relating to construction of term "appropriate
congressional committees". Act Nov. 2, 1992, P.L. 102-583, @ 11 (b), 106 Stat.
4935, which formerly appeared as a note to this section, was repealed by Act
Nov. 2, 1994, P.L. 103-447, Title I, @ 103 (a), 108 Stat. 4693. It related to
construction of the term "appropriate congressional committees" for purposes of
Act Nov. 2, 1992, P.L. 102-583.
African conflict resolution. Act Oct. 19, 1994, P.L. 103-381, 108 Stat. 3513,
provides:
"Section. 1. Short title.
"This Act may be cited as the 'African Conflict Resolution Act'.
PAGE
29
22 USCS @ 2151 (1998)
"Sec. 2. Findings and statement of policy.
" (a) Findings. The Congress makes the following findings:
(1) It is in the national interest of the United States to help build
African capability in conflict resolution. A relatively small investment of
assistance in promoting African conflict resolution--
" (A) would reduce the enormous human suffering which is caused by wars
in Africa;
II (B) would help the United States avoid huge future expenditures
necessitated by Somalia-like humanitarian disasters; and
"
(C) would reduce the need for United Nations intervention as African
institutions develop the ability to resolve African conflicts.
11 (2) Africa, to a greater extent than any other continent, is afflicted by
war. Africa has been marred by more than 20 major civil wars since 1960. Rwanda,
Somalia, Angola, Sudan, Liberia, and Burundi are among those countries that have
recently suffered serious armed conflict.
" (3) In the last decade alone, between 2,000,000 and 4,000,000 Africans
have died because of war. There were 5,200,000 refugees and 13,100,000 displaced
people in Africa in 1993.
" (4) Millions more Africans are currently at risk of war-related death.
Looming or ongoing conflicts in Zaire, Angola, Sudan, Rwanda, and other
countries threaten Africa's future.
" (5) War has caused untold economic and social damage to the countries of
Africa. Food production is impossible in conflict areas, and famine often
results. Widespread conflict has condemned many of Africa's children to lives of
misery and, in certain cases, has threatened the existence of traditional
African cultures.
" (6) Conflict and instability in Africa, particularly in large,
potentially rich countries such as Angola, Sudan, and Zaire, deprive the global
economy of resources and opportunities for trade and investment. Peace in these
countries could make a significant contribution to global economic growth, while
creating new opportunities for United States businesses.
II (7) Excessive military expenditures threaten political and economic
stability in Africa while diverting scarce resources from development needs.
Demobilization and other measures to reduce the size of African armies, and
civilian control of the military under the rule of law are in the interest of
international security and economic development.
" (8) Conflict prevention, mediation, and demobilization are prerequisites
to the success of development assistance programs. Nutrition and education
programs, for example, cannot succeed in a nation at war. Billions of dollars of
development assistance have been virtually wasted in war-ravaged countries such
as Liberia, Somalia, and Sudan.
(9) Africans have a long tradition of informal mediation. This tradition
should be built upon to create effective institutions through which Africans can
resolve African conflicts.
" (10) The effectiveness of U.S. support for conflict resolution programs
requires coordination and collaboration with multilateral institutions and other
bilateral donors.
II (11) African institutions are playing an active role in conflict
resolution and mediation utilizing the experience of elder statesmen. Groups
such as the All African Council of Churches have assisted in defusing conflicts.
The Economic Community of West African States (ECOWAS) has sought to address the
conflict in Liberia by deploying an African peacekeeping force. The Southern
African states have been working to prevent a crisis in Lesotho. The
Intergovernmental Authority on Desertification and Drought (IGADD) has been
engaged in attempting to resolve the conflict in Sudan.
PAGE
30
22 USCS @ 2151 (1998)
II (12) The Organization of African Unity, under the leadership of Secretary
General Salim Salim, has established a conflict resolution mechanism and has
been active in mediation and conflict resolution in several African countries.
11 (b) United States policy. The Congress declares, therefore, that a key goal
for United States foreign policy should be to help institutionalize conflict
resolution capability in Africa.
"Sec. 3. Improving the conflict resolution capabilities of the Organization
of African Unity.
" (a) Authorization of assistance. The President is authorized to provide
assistance to strengthen the conflict resolution capability of the Organization
of African Unity, as follows:
" (1) Funds may be provided to the Organization of African Unity for use in
supporting its conflict resolution capability, including providing technical
assistance.
" (2) Funds may be used for expenses of sending individuals with expertise
in conflict resolution to work with the Organization of African Unity.
" (b) Funding. Of the foreign assistance funds that are allocated for
sub-Saharan Africa, not less than $ 1,500,000 for each of the fiscal years 1995
through 1998 should be used to carry out subsection (a).
"Sec. 4. Improving conflict resolution capabilities of multilateral
subregional organizations in Africa.
" (a) Authorization of assistance. The President is authorized to provide
assistance to strengthen the conflict resolution capabilities of subregional
organizations established by countries in sub-Saharan Africa, as follows:
" (1) Funds may be provided to such organizations for use in supporting
their conflict resolution capability, including providing technical assistance.
" (2) Funds may be used for the expenses of sending individuals with
expertise in conflict resolution to work with such organizations.
II (b) Funding. Of the foreign assistance funds that are allocated for
sub-Saharan Africa, such sums as may be necessary for each of the fiscal years
1995 through 1998 may be used to carry out subsection (a).
"Sec. 5. Improving conflict resolution capabilities of non-governmental
organizations.
11 (a) Authorization of assistance. The President is authorized to provide
assistance to nongovernmental organizations that are engaged in mediation and
reconciliation efforts in sub-Saharan Africa.
" (b) Funding. Of the foreign assistance funds that are allocated for
sub-Saharan Africa, such sums as may be necessary for each of the fiscal years
1995 and 1996 should be used to carry out subsection (a).
"Sec. 6. African demobilization and retraining program.
" (a) Authorization of assistance. In order to facilitate reductions in the
size of the armed forces of countries of sub-Saharan Africa, the President is
authorized to--
" (1) provide assistance for the encampment and related activities for the
purpose of demobilization of such forces; and
" (2) provide assistance for the reintegration of demobilized military
personnel into civilian society through activities such as retraining for
civilian occupations, creation of income-generating opportunities, their
reintegration into agricultural activities, and the transportation to the home
areas of such personnel.
" (b) Funding. Of the foreign assistance funds that are allocated for
sub-Saharan Africa, $ 25,000,000 for each of the fiscal years 1995 and 1996
should be used for the assistance described in subsection (a), if conditions
permit.
(c) Civilian involvement. The President is also authorized to promote
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31
22 USCS @ 2151 (1998)
civilian involvement in the planning and organization of demobilization and
reintegration activities.
"Sec. 7. Training for Africans in conflict resolution and peacekeeping.
" (a) Authorization. The President is authorized to establish a program to
provide education and training in conflict resolution and peacekeeping for
civilian and military personnel of countries in sub-Saharan Africa.
" (b) Funding. Of the funds made available under chapter 5 of part II of the
Foreign Assistance Act of 1961 [22 USCS @@ 2347 et seq.], such sums as may be
necessary for each of the fiscal years 1995 and 1996 should be used for the
purposes of subsection (a).
"Sec. 8. Plan for United States support for conflict resolution and
demobilization in Sub-Saharan Africa.
" (a) In general. Pursuant to the provisions of sections 3 through 7, the
President should develop an integrated long-term plan, which incorporates local
perspectives, to provide support for the enhancement of conflict resolution
capabilities and demobilization activities in sub-Saharan Africa.
" (b) Contents of plan. Such plan should include:
II (1) The type, purpose, amount, and duration of assistance that is planned
to be provided to conflict resolution units in sub-Saharan Africa.
II (2) The type and amount of assistance that is planned to be provided for
the demobilization of military personnel of countries of sub-Saharan Africa,
including--
II (A) a list of which countries will receive such assistance and an
explanation of why such countries were chosen for such assistance; and
If (B) a list of other countries and international organizations that are
providing assistance for such demobilization.
" (3) The type and amount of assistance that is planned to be provided to
nongovernmental organizations that are engaged in mediation and reconciliation
efforts in sub-Saharan Africa.
11 (4) A description of proposed training programs for Africans in conflict
resolution and peacekeeping under section 7, including a list of prospective
participants and plans to expand such programs.
II (5) The mechanisms to be used to coordinate interagency efforts to
administer the plan.
" (6) Efforts to seek the participation of other countries and
international organizations to achieve the objectives of the plan.
" (c) 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 containing a description of the plan developed under this section.
"Sec. 9. Reporting requirement.
" (a) Requirement. The President shall submit to the appropriate congressional
committees a report describing the efforts and progress made in carrying out the
provisions of this Act.
" (b) Date of submission. The first report submitted under subsection (a)
shall be submitted no later than 180 days after the date of the enactment of
this Act, and shall be submitted annually thereafter.
"Sec. 10. Consultation requirement.
"The President shall consult with the appropriate congressional committees
prior to providing assistance under sections 3 through 7.
"Sec. 11. Appropriate congressional committees defined.
"For purposes of this Act, the term 'appropriate congressional committees'
means the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
Authority for anticrime assistance. Act Nov. 2, 1994, P.L. 103-447, Title
PAGE
32
22 USCS @ 2151 (1998)
I, @ 106, 108 Stat. 4694, provides:
" (a) Policy. International criminal activities, including international
narcotics trafficking, money laundering, smuggling, and corruption, endanger
political and economic stability and democratic development, and assistance for
the prevention and suppression of international criminal activities should be a
priority for the United States.
(b) Authority.
(1) In general. For fiscal year 1995, the President is authorized to
furnish assistance to any country or international organization, on such terms
and conditions as he may determine, for the prevention and suppression of
international criminal activities.
" (2) Waiver of prohibition of police training. Section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to
assistance furnished under paragraph (1) .".
Delegation of authority under section 106 of the International Narcotics
Control Corrections Act of 1994 (Public Law 103-447). Pres. Mem. of April 4,
1995, 60 Fed. Reg. 19153, provides:
"Memorandum for the Secretary of State
"By the authority vested in me by the Constitution and laws of the United
States of America, including section 301 of title 3 of the United States Code, I
hereby delegate to the Secretary of State the functions conferred upon the
President by section 106 of the International Narcotics Control Corrections Act
of 1994 (the 'Act') (Public Law 103-447) [note to this section] with respect to
funds made available from any source.
"The functions delegated by this memorandum may be redelegated to the extent
permitted by law.
"This delegation of authority shall also apply to any amendments or successor
legislation concerning the subject matter of this section.
"You are authorized and directed to publish this memorandum in the Federal
Register ".
Waiver of restrictions for narcotics-related economic assistance. Act July
21, 1996, P.L. 104-164, Title I, Ch 4, @ 133, 110 Stat. 1430, provides: "For
fiscal years 1996 and 1997, narcotics-related assistance under part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be provided
notwithstanding any other provision of law that restricts assistance to foreign
countries (other than section 490 (e) of that Act (22 U.S.C. 2291j (e) ) if, at
least 15 days before obligating funds for such assistance, the President
notifies the appropriate congressional committees (as defined in section 481 (e)
of that Act (22 U.S.C. 2291 (e) ) in accordance with the procedures applicable to
reprogramming notifications under section 634A of that Act (22 U.S.C. 2394-1) .".
Similar provisions were contained in Act Nov. 2, 1994, P.L. 103-447, Title I,
@ 105, 108 Stat. 4694.
Assistance for Mauritania. Act Oct. 19, 1996, P.L. 104-319, Title II, @ 202,
110 Stat. 3866, provides:
" (a) Prohibition. The President should not provide economic assistance,
military assistance or arms transfers to the Government of Mauritania unless the
President certifies to the Congress that such Government has taken appropriate
action to eliminate chattel slavery in Mauritania, including--
II (1) the enactment of anti-slavery laws that provide appropriate
punishment for violators of such laws; and
" (2) the rigorous enforcement of such laws.
" (b) Definitions. For purposes of this section, the following definitions
apply:
(1) Economic assistance. The term 'economic assistance' means any
assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
PAGE
33
22 USCS @ 2151 (1998)
et seq.), except that such term does not include humanitarian assistance.
11 (2) Military assistance or arms transfers. The term 'military assistance
or arms transfers' means--
" (A) assistance under chapter 2 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311 et seq.; relating to military assistance), including
the transfer of excess defense articles under sections 516 through 519 of that
Act (22 U.S.C. 2321j through 2321m) ;
II (B) assistance under chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.; relating to international military
education and training)
" (C) assistance under the 'Foreign Military Financing Program' under
section 23 of the Arms Export Control Act (22 U.S.C. 2763) ; or
" (D) the transfer of defense articles, defense services, or design and
construction services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), including defense articles and defense services licensed or approved for
export under section 38 of that Act (22 U.S.C. 2778) ".
Certification pursuant to section (b) (1) of Public Law 99-183 and section
902 (a) (6) (B) of Public Law 101-246. Pres. Det. No. 98-10 of Jan. 12, 1998, 63
Fed. Reg. 3447, provides:
"Memorandum for the Secretary of State
"Pursuant to section (b) (1) of Public Law 99-183 of December 16, 1985
[unclassified], relating to the approval and implementation of the Agreement for
Cooperation Between the United States and the People's Republic of China, I
hereby certify that:
" (A) the reciprocal arrangements made pursuant to Article 8 of the
Agreement have been designed to be effective in ensuring that any nuclear
material, facilities, or components provided under the Agreement shall be
utilized solely for intended peaceful purposes as set forth in the Agreement;
" (B) the Government of the People's Republic of China has provided
additional information concerning its nuclear nonproliferation policies and
that, based on this and all other information available to the United States
Government, the People's Republic of China is not in violation of paragraph (2)
of section 129 of the Atomic Energy Act of 1954 [42 USCS @ 2157 (2) ]; and
" (C) the obligation to consider favorably a request to carry out
activities described in Article 5 (2) of the Agreement shall not prejudice the
decision of the United States to approve or disapprove such a request.
"Pursuant to section 902 (a) (6) (B) (i) of Public Law 101-246 [note to this
section], I hereby certify that the People's Republic of China has provided
clear and unequivocal assurances to the United States that it is not assisting
and will not assist any nonnuclear-weapon state, either directly or indirectly,
in acquiring nuclear explosive devices or the material and components for such
devices.
"You are authorized and directed to publish this determination in the Federal
Register.
NOTES:
CODE OF FEDERAL REGULATIONS
Overseas shipments of supplies by voluntary nonprofit relief agencies, 22 CFR
Part 202.
CROSS REFERENCES
This section is referred to in 22 USCS @@ 2151-1, 2151v, 2162, 2346, 2399c,
3502.
PAGE
34
22 USCS @ 2151 (1998)
RESEARCH GUIDE
Federal Procedure L Ed:
13 Fed Proc L Ed, Foreign Relations @ 36:239.
15A Fed Proc L Ed, Government Contracts @ 39:450.
15A Fed Proc L Ed, Government Contracts @ 39:546.
29 Fed Proc L Ed, Public Lands and Property @ 66:640.
Am Jur:
1 Am Jur 2d, Abortion (1994) @ 32.
INTERPRETIVE NOTES AND DECISIONS
1. Generally
2. Foreign family planning programs
3. Foreign schools
1. Generally
Requirement that assistance extended under International Development Act (22
USCS @@ 2151 et seq.) Act be based on "sound plans and programs" was enacted for
benefit of taxpayers of United States and confers no right of action on borrower
contending that United States violated requirements of Act by approving unsound
loan. Somali Development Bank V United States (1974) 205 Ct Cl 741, 508 F2d
817.
2. Foreign family planning programs
Under Foreign Assistance Act, 22 USCS @ 2151b, President and his delegatees
had authority to implement policy statement through standard clause in funding
grants which conditioned receipt of funds by family planning grantees by
requiring certification that foreign nongovernmental organization does not
perform or actively promote abortion as method of family planning in foreign aid
recipient countries, since only limitation imposed by Congress on President's
discretionary authority in @ 2151b is prohibition against use of federal funds
from certain abortion-related activities; implementation of policy statement and
standard clause do not contradict provisions of 22 USCS @ 2151, since @ 2151
does not require foreign assistance agency to assist all family planning
projects that apply for federal funds and agency has broad discretionary power
to decide which among numerous competing projects shall be given such funds.
Planned Parenthood Federation, Inc. V Agency for International Dev. (1988, CA2
NY) 838 F2d 649, on remand (1990, SD NY) 1990 US Dist LEXIS 2430, affd (1990,
CA2 NY) 915 F2d 59, application den (1990, US) 112 L Ed 2d 300, 111 S Ct 335 and
cert den (1991, US) 114 L Ed 2d 709, 111 S Ct 2257.
Implementation of executive branch policy by Agency for International
Development restricting federal assistance to foreign nongovernmental family
planning organizations that perform or actively promote abortions did not
violate plaintiffs' free speech and association rights since implementation went
no further than necessary to implement otherwise nonjusticiable decision
limiting class of beneficiaries of foreign aid and any burden on plaintiffs'
First Amendment rights was incidental to that policy decision, nor did
implementation abridge plaintiffs' privacy rights since it did not penalize
patient or physician seeking or performing abortions at unrelated clinic from
receiving care or working at AID-funded clinic. Planned Parenthood Federation,
Inc. V Agency for Int'l Dev. (1990, CA2 NY) 915 F2d 59, application den (1990,
US) 112 L Ed 2d 300, 111 S Ct 335 and cert den (1991, US) 114 L Ed 2d 709, 111 S
Ct 2257.
3. Foreign schools
PAGE 35
22 USCS @ 2151 (1998)
Domestic establishment clause standards are applicable to American Schools
and Hospitals Abroad Program (ASHA) established under Foreign Assistance Act of
1961 (22 USCS @ 2151), and thus federal taxpayers have standing to challenge
appropriation and expenditure of public funds by U.S. for construction,
maintenance, and operation of religious schools abroad. Lamont V Schultz (1990,
SD NY) 748 F Supp 1043, affd, remanded (1991, CA2 NY) 948 F2d 825.
PAGE
2
22 USCS @ 2151B (1998) printed in FULL format.
UNITED STATES CODE SERVICE
Copyright 1998, LEXIS Law Publishing, a division of Reed Elsevier Inc.
All rights reserved.
THIS SECTION IS CURRENT THROUGH 105-205, APPROVED 7/22/98
TITLE 22. FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32. FOREIGN ASSISTANCE
INTERNATIONAL DEVELOPMENT
DECLARATION OF POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS
22 USCS @ 2151b (1998)
@ 2151b. Population planning and health programs
(a) Congressional declaration of policy. The Congress recognizes that poor
health conditions and uncontrolled population growth can vitiate otherwise
successful development efforts.
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 voluntary 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, and the conduct of directly relevant demographic research,
population planning programs shall emphasize motivation for small families.
(c) Assistance for health programs; special health needs of children and
mothers; Child Survival Fund; promotion of immunization and oral rehydration.
(1) 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. This 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
PAGE
3
22 USCS @ 2151B (1998)
and supplies to support health and disease prevention programs.
(2) (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 [22 USCS @@ 2221 et seq. and by private and voluntary
organizations, and should include encouragement to other donors to support such
types of activities.
(B) 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 our this paragraph.
Amounts appropriated under this subparagraph are authorized to remain available
until expended.
(C) Appropriations pursuant to subparagraph (B) may be referred to as the
"Child Survival Fund".
(3) 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 immunication, 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.
(d) Administration of assistance.
(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
PAGE
4
22 USCS @ 2151B (1998)
assistance to the urban poor. 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.
(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 [22 USCS @ 2151a] 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) Prohibition on use of funds for performance or research respecting
abortions or involuntary sterilization.
(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 or coerce any person to practice abortions.
(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) 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.
(g) Authorization of appropriations.
PAGE
5
22 USCS @ 2151B (1998)
(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.
HISTORY: (Sept. 4, 1961, P.L. 87-195, Part I, Ch 1, @ 104, as added Dec. 17,
1973, P.L. 93-189, @ (3), 87 Stat. 715; Dec. 30, 1974, P.L. 93-559, @ 4 (1), 88
Stat. 1795; Dec. 20, 1975, P.L. 94-161, Title III, @ 304, 89 Stat. 857; Aug. 3,
1977, P.L. 95-88, Title I,.@ 103 (a) (c), 91 Stat. 534; Oct. 6, 1978, P.L.
95-424, Title I, @ 104 (a), 92 Stat. 945; Aug. 14, 1979, P.L. 96-53, Title I, @
102, 93 Stat. 360; Dec. 16, 1980, P.L. 96-533, Title III, @ 303, 94 Stat. 3145;
Dec. 29, 1981, P.L. 97-113, Title III, @ 302, 95 Stat. 1532; Oct. 12, 1984, P.L.
98-473, Title I, @ 101 (1) in part, 98 Stat. 1903; Aug. 8, 1985, P.L. 99-83,
Title III, @@ 302-305 (a), 99 Stat. 214; Oct. 24, 1986, P.L. 99-529, Title I, @
103, Title IV, @ 404 (1), 100 Stat. 3011, 3019.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
REFERENCES IN TEXT:
"This Act", referred to in this section, is Act Sept. 4, 1961, P.L. 87-195,
75 Stat. 424, popularly known as the Foreign Assistance Act of 1961, which
appears generally as 22 USCS @@ 2151 et seq. For full classification of this
Act, consult USCS Tables volumes.
"This part", referred to in this section, is Part I of Act Sept. 4, 1961,
P.L. 87-195, 75 Stat. 424, popularly known as the Foreign Assistance Act of
1961, which appears generally as 22 USCS @ 2151 et seq. For full classification
of this Part, consult USCS Tables volumes. For construction or references to the
Part, see Other provisions note.
"This chapter", referred to in subsec. (b), is Chapter 1 of Part I of Act
Sept. 4, 1961, P.L. 87-195, 75 Stat. 424, which appears generally as 22 USCS @@
2151 et seq. For full classification of this chapter, consult USCS Tables
volumes.
EXPLANATORY NOTES:
The 1984 amendment of this section is based upon @ 303 of H. R. 5119 of the
Ninety-eighth Congress as passed by the House of Representatives on May 10,
1984, which was enacted into permanent law by Act Oct. 12, 1984, P.L. 98-473.
AMENDMENTS:
1974. Act Dec. 30, 1974, substituted "$ 145,000,000 for the fiscal year 1974,
and $ 165,000,000 for the fiscal year 1975" for "$ 145,000,000 for each of the
fiscal years 1974 and 1975".
1975. Act Dec. 20, 1975, designated existing provisions as subsec. (a), and
in subsec. (a) as SO designated, inserted "$ 243,100,00 for the fiscal year 1976
and $ 275,600,000 for the fiscal year 1977," and the sentence beginning "Not
less than 67 percent of the funds
"; and added subsec. (b).
1977. Act Aug. 3, 1977 (effective 10/1/77, as provided by @ 103 (d) of such
Act), substituted subsecs. (a) and (b) for subsec. (a) which read:
PAGE
6
22 USCS @ 2151B (1998)
" (a) In order to increase the opportunities and motivation for family
planning, to reduce the rate of population growth, to prevent and combat
disease, and to help provide health services for the great majority, the
President is authorized to furnish assistance on such terms and conditions as he
may determine, for population planning and health. There are authorized to be
appropriated to the President for the purposes of this section, in addition to
the funds otherwise available for such purposes, $ 145,000,000 for the fiscal
year 1974, and $ 165,000,000 for the fiscal year 1975, $ 243,100,000 for the
fiscal year 1976 and $ 275,600,000 for the fiscal year 1977, which amounts are
authorized to remain available until expended. Not less than 67 percent of the
funds made available under this section for any fiscal year shall be used for
population planning, either in separate programs or as an element of health
programs 11
Such Act further (effective as above) redesignated former subsec. (b) as
subsec. (c) and added subsec. (d).
1978. Act Oct. 6, 1978 (effective 10/1/78, as provided by @ 605 of such Act,
which appears as 22 USCS @ 2151 note), substituted this section for one, which
read:
" (a) 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 population planning. There are authorized to be appropriated to
the President for the purposes of this subsection, in addition to funds
otherwise available for such purposes, $ 167,000,000 for the fiscal year 1978,
which amount is authorized to remain available until expended.
" (b) In order to prevent and combat disease and to help provide health
services for the great majority, the President is authorized to furnish
assistance, on such terms and conditions as he may determine, for health,
disease prevention, and environmental sanitation. There are authorized to be
appropriated to the President for the purposes of this subsection, in addition
to funds otherwise available for such purposes, $ 107,700,000 for the fiscal
year 1978, which amount is authorized to remain available until expended.
II (c) Assistance provided under this section shall be used primarily for
extension to low-cost, integrated delivery systems to provide health and family
planning services, especially to rural areas and to the poorest economic
sectors, using paramedical and auxiliary medical personnel, clinics and health
posts, commercial distribution systems, and other modes of community outreach;
health programs which emphasize disease prevention, environmental sanitation,
and health education; and population planning programs which include education
in responsible parenthood and motivational programs, as well as delivery of
family planning services and which are coordinated with programs aimed at
reducing the infant mortality rate, providing better nutrition to pregnant women
and infants, and raising the standard of living of the poor.
" (d) (1) Assistance under this chapter shall be administered SO as to give
particular attention to the interrelationship between (A) population growth, and
(B) developme nt 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 in programs
such as education in and out of school, nutrition, disease control, maternal and
child health services, agricultural production, rural development, and
assistance to the urban poor.
" (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 space their children.
PAGE
7
22 USCS @ 2151B (1998)
1979. Act Aug. 14, 1979 (effective 10/1/79, as provided by @ 512 (a) of such
Act, which appears as 22 USCS @ 2151 note), in subsec. (d) (1), inserted ", and
through community-based development programs which give recognition to people
motivated to limit the size of their families"; in subsec. (g), substituted
sentence beginning "There are otherwise
II
for one which read:
"There are authorized to be appropriated to the President, in addition to
funds otherwise available for such purposes--
" (1) $ 224,745,000 for the fiscal year 1979 to carry out subsection (b) of
this section; and
(2) $ 148,494,000 for the fiscal year 1979 to carry out subsection (c) of
this section.
1980. Act Dec. 16, 1980, in subsec. (b), inserted ", including also
information and services which relate to and support natural family planning
methods,' and in subsec. (g), substituted paras. (1) and (2) for ones which
read:
II (1) $ 201,000,000 for the fiscal year 1980 to carry out subsection (b) of
this section; and
" (2) $ 141,000,000 for the fiscal year 1980 to carry out subsection (c) of
this section, of which amount not less than $ 4,000,000 shall be made available
to assist in the development of the John Sparkman Center for International
Public Health Education to be located at the University of Alabama at
Birmingham.'
1981. Act Dec. 29, 1981, in subsec. (f), added para. (3); and in subsec. (g),
substituted the introduction and paras. (1) and (2) for ones which read: "There
are authorized to be appropriated to the President, in addition to funds
otherwise available for such purposes--
(1) $ 238,000,000 for the fiscal year 1981 to carry out subsection (b) of
this section, of which not less than $ 3,000,000 shall be available only to
support the World Health Organization's Special Program of Research, Development
and Research Training in Human Reproduction; and
(2) $ 145,300,000 for the fiscal year 1981 to carry out subsection (c) of
this section. ".
Such Act further, in subsec. (g), in the concluding matter, inserted the
sentence beginning "Of the funds appropriated
11
1984. Act Oct. 12, 1984, in subsec. (c), designated the existing provisions
as para. (1) and added para. (2).
1985. Act Aug. 8, 1985 (effective 10/1/85, as provided by @ 1301 of such Act,
which appears as 22 USCS @ 2151-1 note), in subsec. (c), in para. (2) (B),
inserted "for fiscal year 1986 and $ 25,000,000 for fiscal year 1987" and added
para. (3); and substituted subsec. (g) for one which read:
(g) There are authorized to be appropriated to the President, in addition to
funds otherwise available for such purposes--
" (1) $ 211,000,000 for the fiscal year 1982 and $ 211,000,000 for the fiscal
year 1983 to carry out subsection (b) of this section; and
II (2) $ 133,405,000 for the fiscal year 1982 and $ 133,405,000 for the fiscal
year 1983 to carry out subsection (c) of this section.
Of the funds appropriated for each of the fiscal years 1982 and 1983 to carry
out subsection (b) of this section, not less than 16 percent or $ 38,000,000,
whichever amount is less, shall be available only for the United Nations Fund
for Population Activities. Funds appropriated under this subsection are
authorized to remain available until expended.'
1986. Act Oct. 24, 1986, in subsec. (c), in para. (2), in subpara. (B),
substituted "$ 75,000,000 for fiscal year 1987" for "$ 25,000,000 for fiscal
year 1987", and in para. (3), added sentence beginning with "Of the aggregate"
following "January 1, 1991."; and in subsec. (g), in para. (1), in subpara.
PAGE
8
22 USCS @ 2151B (1998)
(B), substituted "$ 180,000,000 for fiscal year 1987" for "$ 205,000,000 for
fiscal year 1987".
TRANSFER OF FUNCTIONS:
For delegation of the President's functions and allocation of funds to the
United States International Development Cooperation Agency, with certain
exceptions, see @@ 1-102 (a) (1), (g), and 1-801 (a) of Ex. Or. No. 12163 of Sept.
29, 1979, 44 Fed. Reg. 56673, effective Oct. 1, 1979, which appears as 22 USCS @
2381 note.
OTHER PROVISIONS:
Administration of Part. For agency responsible for administration of Part
(see References in text note to this section), see Reorg. Plan No. 2 of 1979, @
6 (a) (1), 44 Fed. Reg. 4166, 93 Stat. 1379, effective Oct. 1, 1979, as provided
by @ 1-101 of Ex. Or. No. 12163 of Sept. 29, 1979, 44 Fed. Reg. 56673, which
appear as 22 USCS @ 2381 notes.
Construction of references to Parts I and II of Foreign Assistance Act of
1961. For construction of references to Parts I and II of Act Sept. 4, 1961,
P.L. 87-195, popularly known as the Foreign Assistance Act of 1961 [consult USCS
Tables volumes for classification], see Act Feb. 7, 1972, P.L. 92-226, Part II,
@ 202 (b), 86 Stat. 27, which appears as 22 USCS @ 2346 note, and 22 USCS @@
2348c and 2349aa-5.
Construction of references to Chapter 1 of Part I of Foreign Assistance Act
of 1961. For construction of references to Chapter I of Part I of Act Sept. 4,
1961, P.L. 87-195, popularly known as the Foreign Assistance Act of 1961
[consult USCS Tables volumes for classification], see 22 USCS @ 2393 (d) (1).
Annual reports. Act Aug. 8, 1985, P.L. 99-83, Title III, @ 305 (b), 99 Stat.
215, effective Oct. 1, 1985, as provided by @ 1301 of such Act, which appears as
22 USCS @ 2151-1 note, provides: "Each annual report required by section 634 of
the Foreign Assistance Act of 1961 [22 USCS @ 2394] shall describe the progress
achieved during the preceding fiscal year in carrying out section 104 (c) (3) of
such Act [subsec. (c) (3) of this section] ".
NOTES:
CROSS REFERENCES
This section is referred to in 22 USCS @@ 2621, 1727c, 1727e, 2151a, 2151d,
2151f, 2151q, 2151u, 2291, 2293, 2346, 5453.
INTERPRETIVE NOTES AND DECISIONS
Abortion-related policy limitations on use of family planning foreign aid
funds did not contravene statutory goals; policy did not evince any interference
with congressionally desired right of every country to determine its own
policies with respect to population growth, and in fact specifically permitted
recipient foreign governments to continue to receive foreign assistance funds in
segregated accounts while conducting abortion-related activity with their own
money. DKT Memorial Fund, Ltd. V Agency for Int'l Dev. (1989) 281 US App DC 47,
887 F2d 275.
Under Foreign Assistance Act, 22 USCS @ 2151b, President and his delegatees
had authority to implement policy statement through standard clause in funding
grants which conditioned receipt of funds by family planning grantees by
requiring that foreign nongovernmental organization certify that it does not
perform or actively promote abortion as method of family planning in foreign aid
recipient countries, and does not provide financial support to any other foreign
nongovernmental organization that conducts such activities including
PAGE
9
22 USCS @ 2151B (1998)
promotional activities supported by non-federal funds; since only limitation
imposed by Congress on President's discretionary authority in @ 2151b is
prohibition against use of federal funds from certain abortion-related
activities. Planned Parenthood Federation, Inc. V Agency for International Dev.
(1988, CA2 NY) 838 F2d 649, on remand (1990, SD NY) 1990 US Dist LEXIS 2430,
affd (1990, CA2 NY) 915 F2d 59, application den (1990, US) 112 L Ed 2d 300, 111
S Ct 335 and cert den (1991, US) 114 L Ed 2d 709, 111 S Ct 2257.
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SEND TO: PETERSON, MICHELLE
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RM 308
OLD EXECUTIVE OFFICE BLDG
WASHINGTON, DISTRICT OF COLUMBIA 20502