1983, shall attempt to use not less than 40 per centum of the funds made available to carry out this chapter to finance productive facilities, goods, and services which will expeditiously and directly benefit those living in absolute poverty (as determined under the standards for absolute poverty adopted by the International Bank for Reconstruction and Development and the International Development Association). Such facilities, goods, and services may include, for example, irrigation facilities, extension services, credit for small farmers, roads, safe drinking water supplies, and health services. Such facilities, goods, and services may not include studies, reports, technical advice, consulting services, or any other items unless (A) they are used primarily by those living in absolute poverty themselves, or (B) they constitute research which produces or aims to produce techniques, seeds, or other items to be primarily used by those living in absolute poverty. Research shall not constitute the major part of such facilities, goods, and services. Chapter 2-Other Programs 83 Sec. 201. General Authority. * * [Repealed-1978] Sec. 202.4 Authorization.-** [Repealed-1978] 84 * Sec. 204. Development Loan Committee.-*** [Repealed1978] Sec. 205.85 (Relating to transfers to international financial institutions) [Repealed-1972] Title I-Multilateral and Regional Development Programs 86 Sec. 206. Regional Development in Africa.-The President is requested to seek and to take appropriate action, in cooperation and consultation with African and other interested nations and with international development organizations, to further and assist in the advancement of African regional development institutions, including the African Development Bank, with the view toward promoting African economic development. Sec. 207.85 Purposes of Development Assistance.-* * * [Repealed-1978] Sec. 208.85 Self-Help Criteria.-* * * [Repealed-1978] Sec. 209.88 Multilateral and Regional Programs.-(a) The Congress recognizes that the planning and administration of develop "The chapter heading "Other Programs" was substituted in lieu of "Development Assistance" by sec. 102(g)1)(B) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942). "Secs. 201, 202, 203, 204, 207, and 208 were repealed by sec. 102(g)(1)(A) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942). The text of sec. 204 was subsequently reinserted as subsec. (e) of sec. 122 of this Act. Sec. 205, which related to transfers to international financial institutions, was repealed by sec. 101(d) of the FA Act of 1971 (Public Law 92-226; 86 Stat. 21). "Sec. 102(gX1XC) of the International Development and Food Assistance Act of 1978 (92 Stat. 942) added this new title heading. 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA Act of 1965. **22 U.S.C. 2169. Sec. 209 was added by sec. 102(e) of the FA Act of 1967. Sec. 101(c)(1) of the FA Act of 1971 (Public Law 92-226; 86 Stat. 21) amended subsection (a), which formerly read as follows: "(a) Multilateral Programs.-The Congress recognizes that planning and administration of development assistance by, or under the sponsorship of, multilateral lending institutions and other international organizations may, in some instances, contribute to the efficiency and effective Continued ment assistance by, or under the sponsorship of the United Nations, multilateral lending institutions, and other multilateral organizations may contribute to the efficiency and effectiveness of that assistance through participation of other donors in the development effort, improved coordination of policies and programs, pooling of knowledge, avoidance of duplication of facilities and manpower, and greater encouragement of self-help performance. (b) 89 It is further the sense of the Congress (1) that where problems or opportunities are common to two or more countries in a region, in such fields as agriculture, education, transportation, communications, power, watershed development, disease control, and establishment of development banks, these countries often can more effectively resolve such problems and exploit such opportunities by joining together in regional organizations or working together on regional programs, (2) that assistance often can be utilized more efficiently in regional programs than in separate country programs, and (3) that to the maximum extent practicable consistent with the purposes of this Act assistance under this Act should be furnished so as to encourage less developed countries to cooperate with each other in regional development programs. (c) 90 It is the sense of the Congress that the President should increase, to the extent practicable, the funds provided by the United States to multilateral lending institutions and multilateral organizations in which the United States participates for use by such institutions and organizations in making loans to foreign countries. (d) 91 In furtherance of the provisions of subsection (a) of this section, any funds appropriated under this part I may be transferred by the President to the International Development Association, the International Bank for Reconstruction and Development, the International Finance Corporation, the Asian Development Bank or other Multilateral lending institutions and multilateral organizations in which the United States participates for the purpose of providing funds to enable any such institution or organization to make loans to foreign countries. Sec. 211.92 General Authority.-* * * [Repealed-1978] * * * * * Sec. 213.93 Atoms for Peace. ness of that assistance through participation of other donors in the development effort, improved coordination of policies and programs, pooling of knowledge, avoidance of duplication of facilities and manpower, and greater encouragement of self-help performance." 89 The words "Regional Programs.-," which appeared at this point, were struck out by sec. 101(c)(3) of the FA Act of 1971 (Public Law 92-226; 86 Stat. 21). 90 Subsec. (c), which was added by sec. 101(c)(2) of the FA Act of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of Public Law 94-161 (89 Stat. 849). It formerly read as follows: "Notwithstanding any other provision of law, the President should reduce the amounts and numbers of loans made by the United States directly to individual foreign countries with the objective of reducing the total amount of bilateral loans made under this Act so that, by not later than June 30, 1975, such total amount shall not exceed $100,000,000." 91 Subsec. (d) was added by sec. 101(c)2) of the FA Act of 1971. Foreign Assistance Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations Act, 1985; Public Law 98-473; 98 Stat. 1897) provides: "Sec. 506. None of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign Assistance Act of 1961.” 92 Secs. 211, 212, 215, 216, 217, 218, 220, and 220A were repealed by sec. 102(g)1A) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942). 93 Sec. 213 was repealed by sec. 103(c) of the FA Act of 1962 (76 Stat. 256). Title II-American Schools and Hospitals Abroad; Prototype Desalting Plant 94 Sec. 214.95 American Schools and Hospitals Abroad.-(a) The President is authorized to furnish 96 assistance, on such terms and conditions as he may specify, to schools and libraries outside the United States founded or sponsored by United States citizens and serving as study and demonstration centers for ideas and practices of the United States. (b) The President is authorized," notwithstanding the provisions of the Mutual Defense Assistance Control Act of 1951 (22 U.S.C. 1611 et seq.) 98 to furnish " assistance, on such terms and conditions as he may specify, to institutions referred to in subsection (a) of this section, and to hospital centers for medical education and research outside the United States, founded or sponsored by United States citizens.100 (c) 101 To carry out the purposes of this section, there are authorized to be appropriated to the President $20,000,000 for the fiscal year 1982 and $20,000,000 for the fiscal year 1983, which are authorized to remain available until expended.102 (d) 103 Notwithstanding the provisions of subsection (b), funds appropriated under this section may be used for assistance to centers "This new title heading was added by sec. 102(g)1 D) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942). * 22 U.S.C. 2174. * Sec. 103(b)(1) of the FA Act of 1963 substituted the word "furnish" for the words "use, in addition to other funds available for such purposes, funds made available for the purposes of sec. 211 for". "Sec. 103(b)2) of the FA Act of 1963 struck out the words "to use" which appeared at this point. 9s Superseded by the Export Administration Act of 1979. **Sec. 103(b)(2) of the FA Act of 1963 substituted the words "to furnish" for the words "foreign currencies accruing to the United States Government under any Act, for purposes of subsection (2) of this section, and for". 100 Sec. 103(c)1) of the FA Act of 1966 substituted the words to this point, beginning with "to institutions referred to" in lieu of "to hospitals outside the United States founded or sponsored by United States citizens and serving as centers for medical education and research". 101 Sec. 4(2) of the FA Act of 1973 amended and restated subsec. (c). 102 The International Security and Development Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 969) provided an authorization for the fiscal year 1984 of $30,000,000 to carry out sec. 214. An authorization for fiscal year 1985 was not enacted. The authorization figure for fiscal years 1982 and 1983 were added by sec. 501 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538). Authorizations under Sec. 214 for recent years included the following: Fiscal year 1975$19,000,000; fiscal year 1976-$25,000,000; fiscal year 1977-$25,000,000;1 fiscal year 1978$25,000,000; fiscal year 1979-$25,000,000; fiscal year 1980-$25,000,000; fiscal year 1981-$30,000,000. Foreign Assistance Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations, 1985; Public Law 98-473; 98 Stat. 1889) provides the following: “American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, $30,000,000: Provided. That the Secretary of State shall conduct a study addressing what means would be most appropriate to continue financial assistance to the American University of Beirut and the American University of Cairo in future years in view of the value of the Universities to the interests of the United States in the Middle East, including the possibility of establishing a trust fund: Provided further, That the results of this study shall be provided to the chairmen of the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the chairmen of the Committee on Appropriations and the Committee on Foreign Relations of the Senate no later than January 1, 1985: Provided further. That the Secretary is directed to consult with the Committees on Appropriations during the development of this study." 103 Sec. 114(2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed subsecs. (d) and (e) (which had been added by the FA Act of 1973), and redesignated subsec. (f) (which had been added by Public Law 95-88, 91 Stat. 539) as subsec. (d). for pediatric plastic and reconstructive surgery established by Children's Medical Relief International, except that assistance may not be furnished for the domestic operations of any such center located in the United States, its territories or possessions. Sec. 215.92 Loans to Small Farmers.Sec. 216.92 Voluntary Agencies.-* Sec. 217.92 Used Equipment. * * * * * * * [Repealed-1978] Sec. 218.92 Fish and Other Protein Concentrates.-*** [Repealed-1978] Sec. 219.104 Prototype Desalting Plant.-(a) In furtherance of purposes of this part and for the purpose of improving existing, and developing and advancing new technology and experience in the design, construction, and operation of large-scale desalting plants of advanced concepts which will contribute materially to low-cost desalination in all countries, including the United States, the President, if he determines it to be feasible, is authorized to participate in the development of a large-scale water treatment and desalting prototype plant and necessary appurtenances to be constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President deems appropriate to provide for the study, design, construction, and, for a limited demonstration period of not to exceed five years, operation and maintenance of the water treatment and desalting facilities of the dual-purpose project. (b) Any agreement entered into under subsection (a) of this section shall include such terms and conditions as the President deems appropriate to insure, among other things, that all information, products, uses, processes, patents, and other developments obtained or utilized in the development of this prototype plant will be available without further cost to the United States for the use and benefit of the United States throughout the world, and to insure that the United States, its officers and employees have a permanent right to review data and have access to such plant for the purpose of observing its operations and improving science and technology in the field of desalination. (c) In carrying out the provisions of this section, the President may enter into contracts with public or private agencies and with any person without regard to sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529 and 41 U.S.C. 5). (d) Nothing in this section shall be construed as intending to deprive the owner of any background patent or any right which such owner may have under that patent. (e) In carrying out the provisions of this section, the President may utilize the personnel, services, and facilities of any Federal agency. (f) The United States costs, other than its administrative costs, for the study, design, construction, and operation of a prototype plant under this section shall not exceed either 50 per centum of the total capital costs of the facilities associated with the production of water, and 50 per centum of the operation and maintenance 104 22 U.S.C. 2179. Sec. 219 was added by sec. 104 of the FA Act of 1969 (Public Law 91-175; 83 Stat. 806). costs for the demonstration period, or $20,000,000, whichever is less. There are authorized to be appropriated, subject to the limitations of this subsection, such sums as may be necessary to carry out the provisions of this section, including administrative costs thereof. Such sums are authorized to remain available until expended. (g) No funds appropriated for the Office of Saline Water pursuant to the appropriation authorized by the Act of July 11, 1969 (83 Stat. 45, Public Law 91-43), or prior authorization Acts, shall be used to carry out the purposes of this section. Sec. 220.92 Programs for Peaceful Communication.-*** [Repealed-1978] Sec. 220A.92 Suez Canal.-*** [Repealed-1978] Title III-Housing and Other Credit Guaranty Programs 105 Sec. 221.106 Housing Guaranties.-The Congress recognizes that shelter, including essential urban development services, is 107 among the most fundamental of human needs. Shelter for most people in the developing countries consists largely of domestic materials assembled by local labor. While recognizing that most financing for such shelter 108 must come from domestic resources, the Congress finds that carefully designed programs involving United States capital and expertise can increase the availability of domestic financing for improved shelter 108 and related services for lowincome people by demonstrating to local entrepreneurs and institutions that providing low-cost shelter 108 can be financially viable. The Congress reaffirms, therefore, that the United States should continue to assist developing countries in marshalling resources for low-cost shelter 108. Particular attention should be given to programs which will support pilot projects for low-cost shelter or which will have a maximum demonstration impact on local institutions and national policy. The Congress declares that the long run goal of all such programs should be to develop domestic construction capabilities and to stimulate local credit institutions to make available domestic capital and other management and technological resources required for effective low-cost shelter programs and policies. Sec. 222.109 Authorization.-(a) To carry out the policy of section 221, the President is authorized to issue guaranties to eligible in 105 Title III was added by sec. 105 of the FA Act of 1969. sec. 8(a)1) of the FA Act of 1974 substituted the title heading "Housing and Other Credit Guaranty Programs" in lieu of "Housing Guaranties". 106 22 U.S.C. 2181. Sec. 221, which was added by the FA Act of 1969, was amended and restated by sec. 115(a) of the International Development and Food Assistance Act of 1978 (Public Law 95424; 92 Stat. 950). 107 The words "including essential urban development services, is" were substituted in lieu of the words "requirements are" by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as contained in the Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). This amendment had been included as sec. 311(a)(1) of H.R. 5119, the International Security and Development Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of H.R. 5119. 10s The word "shelter" was substituted in lieu of the word "housing" by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as contained in the Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903). This amendment had been included as sec. 311(a)(2) of H.R. 5119, the International Security and Development Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 311 of H.R. 5119. 109 22 U.S.C. 2182. Sec. 222, which was added by the FA Act of 1969 and had concerned housing projects in Latin American countries, was amended and restated by sec. 115(a) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950). |