Sec. 109.52 Transfer of Funds.-Whenever 53 the President determines it to be necessary for the purposes of this chapter, not to exceed 15 per centum of the funds made available for any provision of this chapter may be transferred to, and consolidated with, the funds made available for any other provision of this chapter, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The authority of sections 610(a) and 614(a) of this Act may not be used to transfer funds made available under this chapter for use for purposes of any other provision of this Act except that the authority of such sections may be used to transfer for the purposes of section 667 not to exceed five per centum of the amount of funds made available for section 667(a)(1).54

Sec. 110.55 Cost-Sharing and Funding Limits.-No assistance shall be furnished by the United States Government to a country under sections 103 through 106 of this Act until the country provides assurances to the President, and the President is sat

52 22 U.S.C. 2151g. Sec. 109 was added by sec. 2(3) of the FA Act of 1973.

Sec. 509 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2198), provided the following:

"TRANSFERS

"SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.-None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.

"(2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.

"(b) TRANSFERS BETWEEN ACCOUNTS.-None of the funds made available by this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate.

“(c) AUDIT OF INTER-AGENCY TRANSFERS.-Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made available for the cost of such audits.".

See also in that Act, title II, para. relating to operating expenses of the USAID.

53 Sec. 102(g)(2)(K)(ii) of the International Development and Food Assistance Act of 1978 (92 Stat. 943) struck out "Notwithstanding sec. 108 of this Act, whenever" and inserted in lieu thereof "Whenever".

54 Sec. 129(b) of the International Development and Food Assistance Act of 1977 (91 Stat. 543) added the words to this point beginning with "except that the authority of such sections ***". 55 22 U.S.C. 2151h. Sec. 2(3) of the FĂ Act of 1973 added sec. 110. Sec. 1211(a)(3) of the International Security and Development Cooperation Act of 1985 struck out subsec. (b) and struck out an "(a)" designation from the remaining text. Subsec, (b) previously read as follows:

"No grant assistance shall be disbursed by the United States Government under sections 103 through 106 of this Act for a project, for a period exceeding thirty-six consecutive months, without further justification satisfactory to the Congress and efforts being made to obtain sources of financing within that country and from other foreign countries and multilateral organizations.".

The initial phrase of subsec. (b), which had been added by Public Law 95-88 (91 Stat. 535), was struck out by sec. 112(b)(2) of the International Development and Food Assistance Act of 1978 (92 Stat. 949). It previously read as follows:

"Except for grants to countries determined to be relatively least developed based on the United Nations Conference on Trade and Development list of 'relatively least developed countries',".

See also in this Act, sec. 124(d).

sted that such country provide at least 25 per centum of the costs of the entre program project, or activity with respect to whit such assistance is to be hummished, except that such costs borne by such county may be provided on an in-kind" basis.56

Sec. 111. Development and Use of Cooperatives.—In order to strengthen the participation of the rural and urban poor in their country's development, high priority shall be given to increasing the use of finds made available under this Act for technical and capital assistance in the development and use 58 of cooperatives in the less developed countries which will enable and encourage greater numbers of the poor to help themselves toward a better life. In meeting the requirement of the preceding sentence, specific pr onty shall be given to the following: 60

I AGRÖULTURE-Technical assistance to low income farmers who form and develop member-owned cooperatives for farm supplies, marketing and value-added processing.

2 FINANCIAL SYSTEMS-The promotion of national credi union systems through credit union-to-credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement.

(3) INFRASTRUCTURE-The support of rural electric and tele communication cooperatives for access for rural people and villages that lack reliable electric and telecommunications serv ices.

(4) HOUSING AND COMMUNITY SERVICES.-The promotion of community-based cooperatives which provide employment op portunities and important services such as health clinics, self help shelter, environmental improvements, group-owned businesses, and other activities.

Sec. 112. Prohibiting Police Training. 19741

*

[Repealed

* The following phrase, as added by the International Development and Food Assistance Act of 1973 (Puble Law 94-161. 89 Stat. 849 and previously appearing at this point, was struck by sec 112 bxD) of the International Development and Food Assistance Act of 1978 (Public Law 98 424, 92 Stat. 949) and except that the President may waive this cost-sharing requirement in the case of a project or activity in a country which the agency primarily responsible for ad ministering part 1 of this Act determines is relatively least developed based on the United Ne tions Conference on Trade and Development list of relatively least developed countries.". 399 USC 2131 Sec 111. as added by see. 2(3) of the FA Act of 1973 (Public Law 93-189. was amended and restated by sec. 308 of Public Law 94-161 (89 Stat. 849). It formerly reac as follows "In order to strengthen the participation of the urban and rural poor in their cour try's development, not less than $20.000.000 of the funds made available for the purposes this chapter shall be available during the fiscal years 1974 and 1975 only for assistance in the less developed countries which will enable and encourage greater numbers of the poor to hep themselves toward a better life.”.

of

See 107(a) of the International Development and Food Assistance Act of 1977 (Public Law 95 88, 91 Stat 533) struck out "assistance in the development" and inserted in lieu thereaf "technical and capital assistance in the development and use".

A sentence that earmarked funds specifically for technical assistance to carry out the pur poses of this section and had previously appeared at this point was repealed by sec. 122 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366)

Sec. 401(0X(2) of the Support for Overseas Cooperative Development Act (Public Law 106309, 114 Stat 1097) added this sentence and paras. (1) through (4). Sec. 401(d) of that Act provided the following. "D REPORT. Not later than 6 months after the date of the enactment of this Act, the Admin istrator of the United States Agency for International Development, in consultation with the heads of other appropriate agencies, shall prepare and submit to Congress a report on the imple mentation of section 111 of the Foreign Assistance Act of 1961 (22 U.S.C. 21511), as amended by subsection (c).“.

Sec 112, as added by sec. 2(3) of the FA Act of 1973, was repealed by sec. 30(b) of the FA Act of 1974 (See, however, sec. 660 of this Act, "Prohibiting Police Training".)

Sec. 113.62 Integrating Women Into National Economies.— a) In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process of the national economies of such countries, this part shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of developing countries, thus improving their status and assisting the total development effort.

(b) 62 (1) Up to $10,000,000 of the funds made available each fiscal year under this chapter and chapter 10 of this part 63 shall be used, in addition to funds otherwise available for such purposes, for assistance on such terms and conditions as the President may determine to encourage and promote the participation and integration of women as equal partners in the development process in the developing countries. These funds shall be used primarily to support activities which will increase the economic productivity and income earning capacity of women.

(2) Nothing in this section shall be construed to authorize the establishment of a separate development assistance program for

women.

(c) 62 Not less than $500,000 of the funds made available under this chapter for fiscal year 1982 shall be expended on international programs which support the original goals of the United Nations Decade for Women.

Sec. 114.64 Limiting Use of Funds for Abortions or Involuntary Sterilization. *** [Repealed-1978]

Sec. 115.65 Prohibiting Use of Funds for Certain Countries. * * * * [Repealed-1978]

Sec. 116.66 Human Rights. (a) No assistance may be provided under this part to the government of any country which engages in a consistent pattern of gross violations of internationally recog

62 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA Act of 1973, was amended and restated by sec. 108 of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 536). Sec. 113 formerly read as follows:

"SEC. 113. INTEGRATING WOMEN INTO NATIONAL ECONOMIES.-Part I of this Act shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of foreign countries, thus improving their status and assisting the total development effort.".

Subsecs. (b) and (c), as added by Public Law 95-88 and which required a report from the President concerning the impact of development programs, projects, and activities on the integration of women into the developing economies of countries receiving assistance under this part, were repealed by sec. 122 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366) (such report was submitted to the Congress on August 3, 1978). This subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92 Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.

Sec. 305 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533) added the current text of subsec. (c).

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

64 Sec. 114, as added by the FA Act of 1973, was repealed by sec. 104(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 947). See also sec. 104(f) of this Act.

65 Sec. 115, as added by the FA Act of 1974, was repealed by sec. 102(f) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).

66 22 U.S.C. 2151n. Sec. 310 of Public Law 94-161 (89 Stat. 849) added 116. See also in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102): sec. 534, relating to special authorities; and sec. 536, relating to eligibility for assistance.

nized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons,67 or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country.

(b) In determining whether this standard is being met with regard to funds allocated under this part, the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs 68 of the House of Representatives may require the Administrator primarily responsible for administering part I of this Act to submit in writing information demonstrating that such assistance will directly benefit the needy people in such country, together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of how such assistance will directly benefit the needy people in such country. If either committee or either House of Congress disagrees with the Administrator's justification it may initiate action to terminate assistance to any country by a concurrent resolution under section 617 of this Act.

(b) 69 No assistance may be provided to any government failing to take appropriate and adequate measures, within their means, to protect children from exploitation, abuse or forced conscription into military or paramilitary services.

(c) 70 In determining whether or not a government falls within the provisions of subsection (a) and in formulating development assistance programs under this part, the Administrator shall consider, in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor 71 and in consultation with the Ambassador at Large for International Religious Freedom-72

67 Sec. 701(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) inserted “causing the disappearance of of persons by the abduction and clandestine detention of those persons,".

68 Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out "International Relations" and inserted in lieu thereof "Foreign Affairs". Subsequently, sec. 1(a)(5) of Public Law 104-14 (109) Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

69 Sec. 599D of the of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2066), added this second subsec. (b).

70 Sec. 111 of the International Development and Food Assistance Act of 1977 (Public Law 9588; 91 Stat. 537) amended and restated subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d) formerly read as follows:

"(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to the extent of cooperation of such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States.

"(d) The President shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, in the annual presentation materials on proposed economic development assistance programs, a full and complete report regarding the steps he has taken to carry out the provisions of this section.".

71 Sec. 162(e)(1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck out "Assistant Secretary for Human Rights and Humanitarian Affairs" and inserted in lieu thereof "Assistant Secretary of State for Democracy, Human Rights, and Labor". Previously, sec. 109(a)(2) of the Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91 Stat. 846) struck out "Coordinator" and inserted in lieu thereof "Assistant Secretary".

72 Sec. 421(a)(1) of the International Religious Freedom Act of 1998 (Public Law 105-292; 112 Stat. 2809) added “and in consultation with the Ambassador at Large for International Religious Freedom" after “Labor”.

(1) the extent of cooperation of such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States; 73

(2) specific actions which have been taken by the President or the Congress relating to multilateral or security assistance to a less developed country because of the human rights practices or policies of such country; and 73

(3) 73 whether the government

(A) has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998; or

(B) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom (as defined in section 3 of the International Religious Freedom Act of 1998), when such efforts could have been reasonably undertaken.

(d) 70 The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 2574 of each year, a full and complete report regarding

(1)75 the status of internationally recognized human rights, within the meaning of subsection (a)—

(A) in countries that receive assistance under this part, and

(B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act;

(2)76 wherever applicable, practices regarding coercion in population control, including coerced abortion and involuntary sterilization;

(3)77 the status of child labor practices in each country, including

(A) whether such country has adopted policies to protect children from exploitation in the workplace, including a

73 Sec. 421(a) of the International Religious Freedom Act of 1998 (Public Law 105-292; 112 Stat. 2809) struck out "and" at the end of para. (1); replaced a period at the end of para. (2) with '; and"; and added para. (3).

74 Sec. 2216(1) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 112 Stat. 2681), struck out "January 31" and inserted in lieu thereof "February 25".

75 Sec. 504 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 378) amended and restated para. (1) to add the requirement contained in subpara. (B). Sec. 504 also required a report from the Secretary of State by November 15, 1979, on the impact on the foreign relations of the United States of the reports required by this Act on the human rights practices of foreign governments.

76 Sec. 127 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342) added a new para. (2), and redesignated former para. (2) as para. (3). Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat. 3864) struck out "and" at the end of para. (2), redesignated para. (3) as para. (5), and added new paras. (3) and (4). See also footnote 77.

77 Sec. 2216(2) and (3) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 105-277; 112 Stat. 2681), redesignated paras. (3) through (6) as paras. (4) through (7) and added a new para. (3). At the time of enactment of Public Law 105-277, however, no para. (6) was contained in the section. Public Law 105–292 added para. (6) later, shown here redesignated as para. (7).