
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-115 Section 502]
[CITE: 22USC2151u]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
                 SUBCHAPTER I--INTERNATIONAL DEVELOPMENT
 
  Part I--Declaration of Policy; Development Assistance Authorizations
 
Sec. 2151u. Private and voluntary organizations and cooperatives 
        in overseas development
        

(a) Congressional finding of importance of participation by private and 
        voluntary organizations

    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 2151-1 
of this title 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. The Congress urges the Administrator of the agency 
primarily responsible for administering subchapter I of this chapter, in 
implementing programs authorized under subchapter I of this chapter, to 
draw on the resource 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.

(b) Payment of transportation charges on shipments by American National 
        Red Cross and United States voluntary agencies

    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 part and part X of this subchapter to pay 
transportation charges on shipments by the American National Red Cross 
and by United States voluntary agencies registered with the Agency for 
International Development.

(c) Reimbursement for transportation charges

    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) Arrangements with receiving country for free entry of shipments and 
        for availability of local currency to defray transportation 
        costs

    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) Continuation of support for programs in countries antedating 
        prohibitions on assistance; national interest considerations; 
        report to Congress

    Prohibitions on assistance to countries contained in this chapter or 
any other Act shall not be construed to prohibit assistance by the 
agency primarily responsible for administering subchapter I of this 
chapter 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 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) Funds for private and voluntary organizations

    For each of the fiscal years 1986 through 1989, funds in an amount 
not less than thirteen and one half percent of the aggregate amount 
appropriated for that fiscal year to carry out sections 2151a(a), 
2151b(b), 2151b(c), 2151c, 2151d, 2151s,\1\ and 2292 of this title 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 16 percent of such aggregate amount for the 
activities of private and voluntary organizations. Funds made available 
under part IV of subchapter II of this chapter for the activities of 
private and voluntary organizations may be considered in determining 
compliance with the requirements of this subsection.
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    \1\ See References in Text note below.
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(g) Repealed. Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct. 21, 
        1998, 112 Stat. 2681-150, 2681-156

(h) Promotion of democratic cooperatives

    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 part shall be provided to rural and urban 
cooperatives which offer large numbers of low- and 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.

(Pub. L. 87-195, pt. I, Sec. 123, as added Pub. L. 95-424, title I, 
Sec. 102(e), Oct. 6, 1978, 92 Stat. 941; amended Pub. L. 96-53, title I, 
Sec. 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 96-533, title III, 
Sec. 307, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97-113, title III, 
Sec. 309, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99-83, title III, 
Secs. 309, 310, Aug. 8, 1985, 99 Stat. 215; Pub. L. 101-513, title V, 
Sec. 562(d)(6), Nov. 5, 1990, 104 Stat. 2031; Pub. L. 105-277, div. A, 
Sec. 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681-150, 2681-156.)

                       References in Text

    This chapter, referred to in subsec. (e), was in the original ``this 
Act'', meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, 
known as the Foreign Assistance Act of 1961. For complete classification 
of this Act to the Code, see Short Title note set out under section 2151 
of this title and Tables.
    Section 2151s of this title, referred to in subsec. (f), was 
repealed by Pub. L. 101-513, title V, Sec. 562(d)(5), Nov. 5, 1990, 104 
Stat. 2031.


References to Subchapter I Deemed To Include Certain Parts of Subchapter 
                                   II

    References to subchapter I of this chapter are deemed to include 
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII 
(Sec. 2349aa et seq.) of subchapter II of this chapter, and references 
to subchapter II are deemed to exclude such parts. See section 202(b) of 
Pub. L. 92-226, set out as a note under section 2346 of this title, and 
sections 2348c and 2349aa-5 of this title.


                               Amendments

    1998--Subsec. (g). Pub. L. 105-277 struck out subsec. (g) which read 
as follows: ``After December 31, 1984, funds made available to carry out 
section 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2292, or 2293 of 
this title may not be made available for programs of any United States 
private and voluntary organization which does not obtain at least 20 
percent of its total annual financial support for its international 
activities from sources other than the United States Government, except 
that this restriction does not apply with respect to programs which, as 
of that date, are receiving financial support from the agency primarily 
responsible for administering subchapter I of this chapter. The 
Administrator of the agency primarily responsible for administering 
subchapter I of this chapter may, on a case-by-case basis, waive the 
restriction established by this subsection, after taking into account 
the effectiveness of the overseas development activities of the 
organization, its level of volunteer support, its financial viability 
and stability, and the degree of its dependence for its financial 
support on the agency primarily responsible for administering subchapter 
I of this chapter.''
    1990--Subsec. (b). Pub. L. 101-513, Sec. 562(d)(6)(A), inserted 
``and part X of this subchapter'' after ``this part''.
    Subsec. (g). Pub. L. 101-513, Sec. 562(d)(6)(B), substituted ``2292, 
or 2293'' for ``2191s, or 2292''.
    1985--Subsec. (e). Pub. L. 99-83, Sec. 309(a), substituted ``one 
year'' for ``thirty days''.
    Subsec. (f). Pub. L. 99-83, Sec. 309(b)(1), substituted ``1986 
through 1989'' for ``1982, 1983, and 1984''.
    Pub. L. 99-83, Sec. 309(b)(2), which directed the substitution of 
``thirteen and one half'' for ``twelve'' was executed by making the 
substitution for ``12'' as the probable intent of Congress because 
``twelve'' did not appear in text.
    Pub. L. 99-83, Sec. 309(b)(3), inserted provisions relating to funds 
for determining compliance with subsec. (f).
    Subsec. (h). Pub. L. 99-83, Sec. 310, added subsec. (h).
    1981--Subsecs. (f), (g). Pub. L. 97-113, Sec. 309, added subsecs. 
(f) and (g).
    1980--Subsec. (a). Pub. L. 96-533, Sec. 307(1), (2), provided for 
contribution of public funds to private and voluntary organizations and 
cooperatives for purpose of sharing cost of developing programs related 
to development activities and encouraged establishment of simplified 
procedures for development of programs to be carried out by such 
entities having a capacity for undertaking effective development 
programs.
    Subsec. (e). Pub. L. 96-533, Sec. 307(3), added subsec. (e).
    1979--Subsec. (b). Pub. L. 96-53 substituted ``Agency for 
International Development'' for ``Advisory Committee on Voluntary 
Foreign Aid''.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301 
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 
512(a) of Pub. L. 96-53, set out as a note under section 2151 of this 
title.


                             Effective Date

    Section effective Oct. 1, 1978, see section 605 of Pub. L. 95-424, 
set out as an Effective Date of 1978 Amendment note under section 2151 
of this title.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a 
note under section 2381 of this title.


                   Private and Volunteer Organizations

    Pub. L. 106-429, Sec. 101(a) [title II], Nov. 6, 2000, 114 Stat. 
1900, 1900A-8, provided in part that: ``None of the funds appropriated 
or otherwise made available by this Act for development assistance may 
be made available to any United States private and voluntary 
organization, except any cooperative development organization, which 
obtains less than 20 percent of its total annual funding for 
international activities from sources other than the United States 
Government: Provided, That the Administrator of the Agency for 
International Development, after informing the Committees on 
Appropriations, may, on a case-by-case basis, waive the restriction 
contained in this paragraph, after taking into account the effectiveness 
of the overseas development activities of the organization, its level of 
volunteer support, its financial viability and stability, and the degree 
of its dependence for its financial support on the agency.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title II], Nov. 29, 1999, 
113 Stat. 1535, 1501A-68.
    Pub. L. 105-277, div. A, Sec. 101(d) [title II], Oct. 21, 1998, 112 
Stat. 2681-150, 2681-156.
    Pub. L. 105-118, title II, Nov. 26, 1997, 111 Stat. 2390.
    Pub. L. 104-208, div. A, title I, Sec. 101(c) [title II], Sept. 30, 
1996, 110 Stat. 3009-121, 3009-126.
    Pub. L. 104-107, title II, Feb. 12, 1996, 110 Stat. 708.
    Pub. L. 103-306, title II, Aug. 23, 1994, 108 Stat. 1612.
    Pub. L. 103-87, title II, Sept. 30, 1993, 107 Stat. 935.
    Pub. L. 102-391, title II, Oct. 6, 1992, 106 Stat. 1642.
    Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1987.
    Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat. 1204.
    Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-9.
    Pub. L. 100-202, Sec. 101(e) [title II], Dec. 22, 1987, 101 Stat. 
1329-131, 1329-139.
    Pub. L. 99-500, Sec. 101(f) [title II], Oct. 18, 1986, 100 Stat. 
1783-213, 1783-218, and Pub. L. 99-591, Sec. 101(f) [title II], Oct. 30, 
1986, 100 Stat. 3341-214, 3341-218.
    Pub. L. 99-190, Sec. 101(i) [title II], Dec. 19, 1985, 99 Stat. 
1291, 1296.
    Pub. L. 98-473, title I, Sec. 101(1) [title II], Oct. 12, 1984, 98 
Stat. 1884, 1889; repealed by Pub. L. 105-277, div. A, Sec. 101(d) 
[title II], Oct. 21, 1998, 112 Stat. 2681-150, 2681-156.


Study and Report Concerning Use of Private and Voluntary Organizations, 
                    Cooperatives, and Private Sector

    Section 311 of Pub. L. 99-83 provided that:
    ``(a) Study.--The Administrator of the Agency for International 
Development shall undertake a comprehensive study of additional ways to 
provide development assistance through nongovernmental organizations, 
including United States and indigenous private and voluntary 
organizations, cooperatives, the business community, and other private 
entities. Such study shall include--
        ``(1) an analysis of the percentage of development assistance 
    allocated to governmental and nongovernmental programs;
        ``(2) an analysis of structural impediments, within both the 
    United States and foreign governments, to additional use of 
    nongovernmental programs; and
        ``(3) an analysis of the comparative economic benefits of 
    governmental and nongovernmental programs.
    ``(b) Report.--The Administrator shall report the results of this 
study to the Congress no later than September 30, 1986.''


                     African Development Foundation

    Section 122 of Pub. L. 95-424, as amended by Pub. L. 97-113, title 
VII, Sec. 734(a)(5), Dec. 29, 1981, 95 Stat. 1560, provided that:
    ``(a) The Congress declares that the United States should place 
higher priority on the formulation and implementation of policies and 
programs to enable the people of African nations to develop their 
potential, fulfill their aspirations, and enjoy better, more productive 
lives. In furtherance of these objectives, the Congress finds that 
additional support is needed for community-based self-help activities in 
Africa and that an African Development Foundation, organized to further 
the purposes set forth in section 123 of the Foreign Assistance Act of 
1961 [this section], can complement current United States development 
programs in Africa.
    ``(b) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(5), Dec. 29, 
1981, 95 Stat. 1560.]''
