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Sec. 120.95 Sahel Development Program-Planning.-(a) The Congress reaffirms its support of 96 the initiative of the United States Government in undertaking consultations and planning with the countries concerned, and with other nations providing assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and support of a comprehensive long-term African Sahel development program.

(b) 97 The President is authorized to develop a long-term comprehensive development program for the Sahel and other droughtstricken nations in Africa.

(c) 97 In developing this long-term program, the President shall(1) consider international coordination for the planning and implementation of such program;

(2) seek greater participation and support by African countries and organizations in determining development priorities; and

(3) begin such planning immediately.

(d) 97*** [Repealed-1978]

Sec. 121.98 Sahel Development Program-Implementation. *** [Repealed-1990]

95 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B by sec. 20 of the FA Act of 1973 (Public Law 93-189) and later redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat. 849), was again redesignated as sec. 120 by sec. 115(1) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 539).

Sec. 115(2) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 539) struck out "African Development Program" and inserted in lieu thereof "Sahel Development Program-Planning" in the section catchline.

96 Sec. 101(7)(C) of Public Law 94-161 (89 Stat. 849) struck out "supports" and inserted in lieu thereof "reaffirms its support of".

97 Sec. 101(7)(D) of Public Law 94-161 (89 Stat. 849) added subsecs. (b), (c), and (d). Subsec. (d) was subsequently repealed by sec. 502(d)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

98 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 repealing sec. 121. Sec. 121, as added by sec. 115(3) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363), sec. 809 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 263), International Security and Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat. 969), sec. 308 of the International Security and Development Cooperation Act of 1981 (Public Law 97113; 95 Stat. 1535), and sec. 306 of Public Law 96-533 (94 Stat. 363), formerly read as follows: "Sec. 121. Sahel Development Program-Implementation.-(a) The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the long-term development of the Sahelian region. Assistance furnished under this section shall be in accordance with a long-term, multidonor development plan which calls for equitable burden sharing with other donors and shall be furnished, whenever appropriate, in cooperation with an international coordinating mechanism.

"(b) The President shall prepare an annual report on the Sahel Development Program concerning the allocation of the United States contribution to the Program, the extent of the contributions from other donor countries, the effectiveness of the integrated effort through the Club des Amis du Sahel, and the progress made in achieving the objectives of the program.

"(c) There are authorized to be appropriated to the President for purposes of this section beginning in the fiscal year 1978, in addition to funds otherwise available for such purposes, $200,000,000, except that not to exceed $50,000,000, may be appropriated under this section for the fiscal year 1978. In addition to the amount authorized in the preceding sentence and to funds otherwise available for such purposes, there are authorized to be appropriated to the President for purposes of this section $25,000,000. In addition to the amounts authorized in the preceding sentences and to funds otherwise available for such purposes, there are authorized to be appropriated to the President for purposes of this section $86,558,000 for the fiscal year 1986 and $87,750,000 for the fiscal year 1987. Amounts appropriated under this section are authorized to remain available until expended.

"(d) Funds available to carry out this section (including foreign currencies acquired with funds appropriated to carry out this section) may not be made available to any foreign government for disbursement unless the Administrator of the Agency for International Development deter

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Sec. 122.99 General Authorities.—(a) In order to carry out the purposes of this chapter, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities.

(b) 99 The President is authorized to make loans payable as to principal and interest in United States dollars on such terms and conditions as he may determine, in order to promote the economic development of countries and areas, with emphasis upon assisting long range plans and programs designed to develop economic resources and increase productive capacities. The President shall determine the interest payable on any loan. In making loans under this chapter, the President shall consider the economic circumstances of the borrower and other relevant factors, including the capacity of the recipient country to repay the loan at a reasonable rate of interest, except that loans may not be made at a rate of interest of less than 3 per centum per annum commencing not later than ten years following the date on which the funds are initially made available under the loan, during which ten-year period the rate of interest shall not be lower than 2 per centum per annum, nor higher than the applicable legal rate of interest of the country in which the loan is made.

(c) 100 Dollar receipts paid during any fiscal year from loans made under this part or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts.

(d) 100 Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this chapter may be used for assistance on such terms and conditions as the President may determine, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned with the economic and social development of developing countries.

(e) 101 The President shall establish an interagency Development Loan Committee, consisting of such officers from such agencies of the United States Government as he may determine, which shall, under the direction of the President, establish standards and criteria for lending operations under this chapter in accordance with the foreign and financial policies of the United States. Except in the case of officers serving in positions to which they were appointed by the President by and with the advice and consent of the

mines that the foreign government will maintain a system of accounts with respect to those funds which will provide adequate identification of and control over the receipt and expenditure of those funds.

e Grants shall be made under this section to Sahel Development Program host governments in order to help them enhance their administrative capabilities to meet the administrative requrements resulting from donor country projects and activities.".

22 U.S.C. 2151t. Sec. 102(a) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 940) added subsec. (a). Sec. 102(b) of that same Act substantally amended subsecs. (b), (c), and (d) of sec. 201, consolidating them into one subsec. (b), and then moving it to become subsec. (b) of sec. 122.

Sec. 102(c)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) added subsecs. (c) and (d).

Subsec. (e) formerly appeared in this Act as sec. 204. Such sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941).

Senate, officers assigned to the Committee shall be so assigned by the President by and with the advice and consent of the Senate. Sec. 123.102 Private and Voluntary Organizations and Cooperatives in Overseas Development.-(a) The Congress finds that the participation of rural and urban poor people in their countries' development can be assisted and accelerated in an effective manner through an increase in activities planned and carried out by private and voluntary organizations and cooperatives. Such organizations and cooperatives, embodying the American spirit of self-help and assistance to others to improve their lives and incomes, constitute an important means of mobilizing private American financial and human resources to benefit poor people in developing countries. The Congress declares that it is in the interest of the United States that such organizations and cooperatives expand their overseas development efforts without compromising their private and independent nature. The Congress further declares that the financial resources of such organizations and cooperatives should be supplemented by the contribution of public funds for the purpose of undertaking development activities in accordance with the principles set forth in section 102 and, if necessary and determined on a case-by-case basis, for the purpose of sharing the cost of developing programs related to such activities. 103 The Congress urges the Administrator of the agency primarily responsible for administering this part, in implementing programs authorized under this part, to draw on the resources of private and voluntary organizations and cooperatives to plan and carry out development activities and to establish simplified procedures for the development and approval of programs to be carried out by such private and voluntary organizations and cooperatives as have demonstrated a capacity to undertake effective development activities. 104

(b) 105 In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation of friendly peoples, the President is authorized to use funds made available for the purposes of this chapter and chapter 10 of this part to pay transportation charges on shipments by the Amer

106

102 22 U.S.C. 2151u. Added by sec. 102(e) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941).

In the Foreign Operations, Export Financing, and Related Programs appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), see sec. 522, relating to child survival and health activities, and sec. 586, relating to admission of refugees.

103 Sec. 307(1) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the words to this point beginning with "and, if necessary

104 Sec. 307(2) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the words to this point beginning with "and to establish

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105 Sec. 534(f) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (division D of Public Law 108-199; 118 Stat. 182), provided the following:

"(f) SHIPMENT OF HUMANITARIAN ASSISTANCE.-During fiscal year 2004 and each fiscal year thereafter, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961, funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas.".

106 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.

ican National Red Cross and by United States voluntary agencies registered with the Agency for International Development.107

(c) Reimbursement under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports.

(d) Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee.

(e) 108 Prohibitions on assistance to countries contained in this or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering this part in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year 109 after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation.

(f) 110 For each of the fiscal years 1986 through 1989 111 funds in an amount not less than thirteen and one-half111 percent of the ag

107 Sec. 121 of the International Development Cooperation Act of 1979 (Public Law 96–53; 93 Stat 366) struck out "Advisory Committee on Voluntary Foreign Aid" and inserted in lieu thereof "Agency for International Development".

1 Sec. 307(3) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added subsec. (e).

See a similar authority in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108 447; 118 Stat. 2809), in section 536. **Sec. 309(a) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), struck out "thirty days" and inserted in lieu thereof “one year”.

Sec. 309 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added subsecs. (f) and (g). Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 165-277, 112 Stat. 2681), repealed subsec. (g), which had read as follows:

*g After December 31, 1984, funds made available to carry out section 103(a), 104(b), 104(c), 105, 106, 491, or 496 of this Act may not be made available for programs of any United States private and voluntary organization which does not obtain at least 20 percent of its total annual francial support for its international activities from sources other than the United States Government, except that this restriction does not apply with respect to programs which, as of that date, are receiving financial support from the agency primarily responsible for administering this part. The Administrator of the agency primarily responsible for administering this part on a case-by-case basis, waive the restriction established by this subsection, after taking to account the effectiveness of the overseas development activities of the organization, its level of volunteer support, its financial viability and stability, and the degree of its dependence for ts financial support on the agency primarily responsible for administering this part.".

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Sec. 309(b) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec. 123(f) by striking out "1982, 1983 and 1984" and insert

Continued

gregate amount appropriated for that fiscal year to carry out sections 103(a), 104(b), 104(c), 105, 106, 121, and 491 of this Act shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than sixteen percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under chapter 4 of part II of this Act for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.111 (g) 110*

**

[Repealed-1998]

(h) 112 The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this chapter shall be provided to rural and urban cooperatives which offer large numbers of lowand middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.

Sec. 124.113 Relatively Least Developed Countries.-(a) Relatively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of "least developed countries") are characterized by extreme poverty, very limited infrastructure, and limited administrative capacity to implement basic human needs growth strategies. In such countries special measures may be necessary to insure the full effectiveness of assistance furnished under this part.

(b) For the purpose of promoting economic growth in these countries, the President is authorized and encouraged to make assistance under this chapter available on a grant basis to the maximum extent that is consistent with the attainment of United States development objectives.

(c) 114 (1) The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. Therefore, notwithstanding section 620(r) of this Act and section 321 of the International Development and Food Assistance Act of 1975 but subject to paragraph (2) of this subsection, the President on a case-by-case basis, taking into account the needs of the country for financial resources and the commitment of the country to the development objectives set forth in sections 101 and 102

(A) may permit a relatively least developed country to place amounts, which would otherwise be paid to the United States as payments on principal or interest on liability incurred by

ing in lieu thereof "1986 through 1989"; by striking out "twelve" and by inserting in lieu thereof "thirteen and one half", and by adding the current last sentence.

112 Sec. 310 of Public Law 99-83 (99 Stat. 190) added subsec. (h).

113 22 U.S.C. 2151v. Sec. 112(a)(1) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 948) added sec. 124.

114 Sec. 112(a)(2) of the International Development and Food Assistance Act of 1978 (92 Stat. 949) stated that the authority granted by subsec. (c) shall not become effective until October 1, 1979.

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