
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2394]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2394. Reports and information; definitions


(a) Annual report to Congress on programs having impact on developing 
        countries; contents

    In order that the Congress and the American people may be better and 
more currently informed regarding American foreign policy and the 
effectiveness of assistance provided by the United States Government to 
other countries and to international organizations, the Chairman of the 
Development Coordination Committee shall prepare and transmit to the 
Congress, no later than February 1 of each year, as a part of the annual 
presentation materials for foreign assistance, a report as described in 
this subsection. This report shall include--
        (1)(A) a comprehensive and coordinated review of all United 
    States policies and programs having a major impact on the 
    development of developing countries, including but not limited to 
    bilateral and multilateral assistance, trade, debt, employment, 
    food, energy, technology, population, oceans, environment, human 
    settlements, natural resources, and participation in international 
    agencies concerned with development;
        (B) an assessment of the impact of such policies and programs on 
    the well-being of the poor majority in developing countries in 
    accordance with the policy objectives of part I of subchapter I of 
    this chapter, including increasing life expectancy and literacy, 
    lowering infant mortality and birth rates, and increasing food 
    production and employment, such assessment to include an evaluation 
    of the extent to which programs under part I of subchapter I of this 
    chapter directly benefit the poor majority; and
        (C) an assessment of the impact of such policies and programs on 
    economic conditions in the United States, including but not limited 
    to employment, wages, and working conditions;
        (2) the dollar value of all foreign assistance and guaranties by 
    category and by country provided or made by the United States 
    Government by any means to all foreign countries and international 
    organizations--
            (A) from 1946 to the fiscal year immediately preceding the 
        fiscal year for which the report is required;
            (B) as presented to Congress for the immediate preceding 
        fiscal year;
            (C) as obligated during the immediately preceding fiscal 
        year;
            (D) as planned for the fiscal year in which the report is 
        presented;
            (E) as proposed for the fiscal year following the year in 
        which the report is presented; and
            (F) of any contract in excess of $100,000 administered by 
        the Agency for International Development which was entered into 
        in the preceding fiscal year without competitive selection 
        procedures, and the reasons for doing so;

        (3) a summary of repayments, by country, to the United States 
    from previous foreign assistance loans;
        (4) the status of each sale of agricultural commodities on 
    credit terms theretofore made under the Agricultural Trade 
    Development and Assistance Act of 1954 [7 U.S.C. 1691 et seq.] with 
    respect to which there remains outstanding any unpaid obligation; 
    and the status of each transaction with respect to which a loan, 
    contract or guarantee of insurance, or extension of credit (or 
    participation therein) was theretofore made under the Export-Import 
    Bank Act of 1945 [12 U.S.C. 635 et seq.] with respect to which there 
    remains outstanding any unpaid obligation or potential liability; 
    except that such report shall include individually only any loan, 
    contract, sale, extension of credit, or other transactions listed in 
    this paragraph which is in excess of $1,000,000;
        (5)(A) the status of the debt servicing capacity of each country 
    receiving assistance under this chapter;
        (B) all forms of debt relief granted by the United States with 
    respect to such countries, together with a detailed statement of the 
    specific debt relief granted with respect to each such country and 
    the purpose for which it was granted; and
        (C) a summary of the net aid flow from the United States to such 
    countries, taking into consideration the debt relief granted by the 
    United States;
        (6) the dollar value of all official development assistance, 
    security assistance, international disaster assistance, refugee 
    assistance, and international narcotics control assistance provided 
    by each government of a country which is a member of the 
    Organization for Economic Cooperation and Development or of the 
    Organization of Petroleum Exporting Countries;
        (7) the percentage which each type of assistance described in 
    paragraph (6) represents of (A) the gross national product of each 
    country referred to in paragraph (6), and (B) the budget of the 
    government of such country, as well as the per capita contribution 
    for each country for each type of assistance described in paragraph 
    (6);
        (8) the amount of all foreign currencies acquired without 
    payment of dollars on hand of each foreign country as of September 
    30 of the preceding fiscal year;
        (9) the Development Coordination Committee's operations pursuant 
    to section 2399c(f) of this title;
        (10) the aggregate dollar value and quantity of grant military 
    assistance, military education and training, and any other defense 
    articles and services furnished under this chapter by the United 
    States to each foreign country and international organization for 
    the preceding fiscal year;
        (11) information concerning the activities of the Minority 
    Resource Center during the preceding fiscal year; and
        (12) other information appropriate to the conduct of the foreign 
    assistance program of the United States Government.

(b) ``Foreign assistance'' and ``provided by the United States 
        Government'' defined

    For purposes of this section--
        (1) ``foreign assistance'' means any tangible or intangible item 
    provided by the United States Government to a foreign country or 
    international organization under this chapter or any other Act, 
    including but not limited to any training, service, or technical 
    advice, any item of real, personal, or mixed property, any 
    agricultural commodity, United States dollars, and any currencies of 
    any foreign country which are owned by the United States Government; 
    and
        (2) ``provided by the United States Government'' includes, but 
    is not limited to, foreign assistance provided by means of gift, 
    loan, sale, credit, or guaranty.

(Pub. L. 87-195, pt. III, Sec. 634, Sept. 4, 1961, 75 Stat. 455; Pub. L. 
87-565, pt. III, Sec. 302(e), (f), Aug. 1, 1962, 76 Stat. 262; Pub. L. 
89-583, pt. III, Sec. 302(c), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90-
137, pt. III, Sec. 302(h), Nov. 14, 1967, 81 Stat. 460; Pub. L. 90-629, 
ch. 4, Sec. 45(a), (b)(4), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 91-175, 
pt. III, Sec. 305, Dec. 30, 1969, 83 Stat. 821; Pub. L. 92-226, pt. III, 
Sec. 304(a)(3), (c)(2), Feb. 7, 1972, 86 Stat. 28, 32; Pub. L. 93-189, 
Sec. 17, Dec. 17, 1973, 87 Stat. 724; Pub. L. 93-559, Sec. 14, Dec. 30, 
1974, 88 Stat. 1799; Pub. L. 94-273, Sec. 6(1), Apr. 21, 1976, 90 Stat. 
377; Pub. L. 94-329, title II, Sec. 209(b), June 30, 1976, 90 Stat. 739; 
Pub. L. 95-424, title V, Sec. 502(a)(1), (2), Oct. 6, 1978, 92 Stat. 
957; Pub. L. 96-533, title VII, Sec. 707, Dec. 16, 1980, 94 Stat. 3159; 
Pub. L. 97-113, title VII, Sec. 733, Dec. 29, 1981, 95 Stat. 1559; Pub. 
L. 99-83, title III, Sec. 312(b), Aug. 8, 1985, 99 Stat. 216.)

                       References in Text

    The Agricultural Trade Development and Assistance Act of 1954, 
referred to in subsec. (a)(4), is act July 10, 1954, ch. 469, 68 Stat. 
454, as amended, which is classified principally to chapter 41 
(Sec. 1691 et seq.) of Title 7, Agriculture. For complete classification 
of this Act to the Code, see Short Title note set out under section 1691 
of Title 7 and Tables.
    The Export-Import Bank Act of 1945, referred to in subsec. (a)(4), 
is act July 31, 1945, ch. 341, 59 Stat. 526, as amended, which is 
classified generally to subchapter I (Sec. 635 et seq.) of chapter 6A of 
Title 12, Banks and Banking. For complete classification of this Act to 
the Code, see Short Title note set out under section 635 of Title 12 and 
Tables.
    This chapter, referred to in subsecs. (a)(5)(A), (10), (b)(1), 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.


           References to Part I Deemed To Include Section 2293

    References to part I of subchapter I of this chapter are deemed to 
include a reference to section 2293 of this title. See section 
2293(d)(1) of this title.

                          Codification

    Prior to the complete revision of this section by section 502(a)(2) 
of Pub. L. 95-424, section 501(a)(1) of Pub. L. 95-424 redesignated 
former subsec. (c), relating to requests by the General Accounting 
Office and Congressional committees for documents and other material, as 
section 2393a of this title.


                               Amendments

    1985--Subsec. (a)(1)(B). Pub. L. 99-83 inserted provisions relating 
to evaluation of whether programs are benefiting the poor majority.
    1981--Subsec. (a). Pub. L. 97-113, Sec. 733(1), substituted 
provision requiring information regarding American foreign policy and 
effectiveness of assistance to other countries for provision requiring 
information regarding United States development policy and effectiveness 
of assistance to developing countries and provision directing the 
Chairman prepare and transmit to Congress as part of the annual 
presentation materials for foreign assistance a report as described in 
this subsection for provision directing the Chairman to transmit a 
report on foreign assistance for the fiscal year ending the previous 
Sept. 30.
    Subsec. (a)(1)(B). Pub. L. 97-113, Sec. 733(2), struck out ``the 
progress developing countries are making toward achieving those 
objectives which are indicative of improved well-being of the poor 
majority, which objectives shall include but not be limited to'' before 
``increasing life expectancy and literacy''.
    Subsec. (a)(2)(F). Pub. L. 97-113, Sec. 733(3), added subpar. (F).
    Subsec. (a)(4). Pub. L. 97-113, Sec. 733(4), struck out requirement 
that the report include the status of each loan and each contract of 
guaranty or insurance theretofore made under this chapter, predecessor 
Acts, or any Act authorizing international security assistance, with 
respect to which there remained outstanding any unpaid obligation or 
potential liability, and the status of each extension of credit for the 
procurement of defense articles or defense services, and of each 
contract of guarantee in connection with any such procurement, 
theretofore made under the Arms Export Control Act with respect to which 
there remained outstanding any unpaid obligation or potential liability.
    Subsec. (a)(7). Pub. L. 97-113, Sec. 733(5), struck out ``and'' 
after the semicolon.
    Subsec. (a)(8). Pub. L. 97-113, Sec. 733(6), substituted provision 
that the report contain the amount of all foreign currencies acquired 
without payment of dollars on hand of each foreign country as of Sept. 
30 of the preceding fiscal year for provision that the report contain 
such other matters relating to foreign assistance provided under 
subchapter I of this chapter as the Chairman of the Development 
Coordination Committee considers appropriate.
    Subsec. (a)(9) to (12). Pub. L. 97-113, Sec. 733(6), added pars. (9) 
to (12).
    1980--Subsec. (a)(6) to (8). Pub. L. 96-533 added pars. (6) and (7) 
and redesignated former par. (6) as (8).
    1978--Subsec. (a). Pub. L. 95-424, Sec. 502(a)(2), added subsec. 
(a).
    Subsec. (b). Pub. L. 95-424, Sec. 502(a)(2), substituted definitions 
of ``foreign assistance'' and ``provided by the United States 
Government'' for provisions requiring public disclosure of all 
information concerning operations under this chapter except that which 
is deemed incompatible with the Security of the United States.
    Subsec. (c). Pub. L. 95-424, Sec. 502(a)(1), struck out ``(c)'' at 
beginning of subsection and transferred the remainder of subsection to 
section 2393a of this title.
    Subsecs. (d) to (h). Pub. L. 95-424, Sec. 502(a)(2), struck out 
subsecs. (d), relating to presentation of programs to Congressional 
committees; (e), relating to inclusion of a specific plan in the 
President's recommendations to Congress; (f), relating to a report by 
the President to Congress showing the status of each outstanding loan; 
(g), relating to a report by the President to Congress showing debt-
servicing problems; and (h), relating to military assistance to South 
Vietnam, Thailand, and Laos.
    1976--Subsec. (d). Pub. L. 94-329 struck out provisions under which 
sales pursuant to the Foreign Assistance Act of 1961 or any other Act 
were included in the enumeration of factors used in developing, for 
purpose of presentation material, a chart showing the full extent of 
United States assistance planned or expected for each such country for 
the next fiscal year.
    Subsec. (f). Pub. L. 94-273 substituted ``September'' for ``June'' 
and ``March'' for ``December''.
    1974--Subsec. (d). Pub. L. 93-559 substituted in item (1) respecting 
presentation material ``economic assistance, military grants (and 
including for any such grant of any excess defense article, the value of 
such article expressed in terms of its acquisition cost to the United 
States), and military sales'' for ``economic assistance and military 
grants and sales''.
    1973--Subsec. (f). Pub. L. 93-189 inserted references to contracts 
of guarantee or insurance, the status of sales of defense articles or 
defense services on credit terms, the status of sales of agricultural 
commodities on credit terms, and the status of loans, contracts of 
guarantee or insurance, or extensions of credit (or participations 
therein) made under the Export-Import Bank Act of 1945, and inserted 
provisions limiting the reporting requirement of the subsection so as to 
include only loans, contracts, sales, extensions of credit, or other 
transactions in excess of $1,000,000.
    Subsec. (g). Pub. L. 93-189 added subsec. (g).
    1972--Subsec. (a). Pub. L. 92-226, Sec. 304(c)(2), struck out 
provisions for annual report to Congress concerning operations under 
this chapter, including information on the progress of the freedom of 
navigation and nondiscrimination declaration. See annual foreign 
assistance report provisions of section 2417 of this title.
    Subsec. (d). Pub. L. 92-226, Sec. 304(a)(3), substituted in last 
sentence reference to section ``2360(b)'' for prior reference to 
sections ``2360, 2364(a)''.
    1969--Subsec. (a). Pub. L. 91-175 excluded operations reported to 
Congress pursuant to section 2200a of this title from report required by 
this section, and struck out of last sentence reference to the operation 
of the investment guaranty program.
    1968--Subsec. (d). Pub. L. 90-629, Sec. 45(b)(4), required the 
presentation material to include in the chart foreign assistance data 
under any other Act.
    Subsec. (g). Pub. L. 90-629, Sec. 45(a), repealed provisions of 
subsec. (g) which related to exports of defense articles, contents of 
reports, and utilization of statistics and information of Government 
agencies, and is now covered by section 2776(a) of this title.
    1967--Subsec. (d). Pub. L. 90-137, Sec. 302(h)(1), inserted 
introductory provision for presentation of programs to Congressional 
Committees in connection with requests for appropriations for fiscal 
year 1969, penultimate provision for inclusion of foreign assistance 
data (an assistance chart, contribution details, and a statement of 
projects), and provision for notification as to findings and reasons 
therefor under section 2311 or 2341(c) of this title.
    Subsecs. (g), (h). Pub. L. 90-137, Sec. 302(h)(2), added subsecs. 
(g) and (h).
    1966--Subsec. (f). Pub. L. 89-583 added subsec. (f).
    1962--Subsec. (a). Pub. L. 87-565, Sec. 302(e), required reports to 
include information on progress under the freedom of navigation and 
nondiscriminatory declaration contained in section 2151 of this title.
    Subsec. (d). Pub. L. 87-565, Sec. 302(f), substituted ``At the end 
of each fiscal year'' and ``fiscal year'' for ``In January of each 
year'' and ``preceding twelve months'', respectively, and provided that 
the presentation material submitted to Congress during its consideration 
of amendments to this chapter, or of any Act appropriating funds 
pursuant to authorizations contained in this chapter, should include a 
comparison of the current fiscal year programs and activities with those 
presented to Congress in the previous year and an explanation of any 
substantial changes.


                    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 1978 Amendment

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


                    Effective Date of 1972 Amendment

    Section 304(c)(3) of Pub. L. 92-226 provided that: ``The provisions 
of this subsection [amending this section and section 2403 of this 
title] and section 657 of such Act [section 2417 of this title], as 
added by subsection (b) of this Act [this section], shall apply with 
respect to each fiscal year commencing on or after July 1, 1971.''


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-629 effective July 1, 1968, see section 41 
of Pub. L. 90-629, set out as an Effective Date note under section 2751 
of this title.


                            Savings Provision

    Determinations, authorizations, regulations, orders, contracts, 
agreements, and other actions issued, undertaken, or entered into under 
authority of any provision of former subsec. (g) of this section as 
continuing in full force and effect until modified by appropriate 
authority, see section 46 of Pub. L. 90-629, set out as a note under 
former section 2341 of this title.


               Annual Report on Economic and Social Growth

    Pub. L. 104-107, title V, Sec. 574, Feb. 12, 1996, 110 Stat. 749, 
provided that:
    ``(a) Reporting Requirement.--The President shall submit to the 
appropriate congressional committees an annual report providing a 
concise overview of the prospects for economic and social growth on a 
broad, equitable, and sustainable basis in the countries receiving 
economic assistance under title II of this Act [see Tables for 
classification]. For each country, the report shall discuss the laws, 
policies and practices of that country that most contribute to or 
detract from the achievement of this kind of growth. The report should 
address relevant macroeconomic, microeconomic, social, legal, 
environmental, and political factors and include criteria regarding wage 
and price controls, State ownership of production and distribution, 
State control of financial institutions, trade and foreign investment, 
capital and profit repatriation, tax and private property protections 
and a country's commitment to stimulate education, health and human 
development.
    ``(b) Countries.--The countries referred to in subsection (a) are 
countries--
        ``(1) for which in excess of $5,000,000 has been obligated 
    during the previous fiscal year for assistance under sections 103 
    through 106 [22 U.S.C. 2151a to 2151d], chapters 10 [22 U.S.C. 2293 
    et seq.] and 11 [22 U.S.C. 2295 et seq.] of part I, and chapter 4 of 
    part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance of 1961, 
    and under the Support for East European Democracy Act of 1989 [22 
    U.S.C. 5401 et seq.]; or
        ``(2) for which in excess of $1,000,000 has been obligated 
    during the previous fiscal year by the Overseas Private Investment 
    Corporation.
    ``(c) Consultation.--The Secretary of State shall submit the report 
required by subsection (a) in consultation with the Secretary of the 
Treasury, the Administrator of the Agency for International Development, 
and the President of the Overseas Private Investment Corporation. The 
report shall be submitted with the annual congressional presentation for 
appropriations.''


 Progress Report of Implementation of Immunization and Oral Rehydration 
                           Promotion Programs

    Annual report under this section to describe progress achieved 
during preceding fiscal year in carrying out section 2151b(c)(3) of this 
title, see section 305(b) of Pub. L. 99-83, set out as a note under 
section 2151b of this title.


    Negotiating Efforts Concerning Accelerated Loan Repayments To Be 
   Included in Annual Reports for Foreign Assistance for 1980 and 1981

    Annual reports on foreign assistance submitted in 1980 and 1981 
pursuant to this section to contain negotiating efforts respecting 
accelerated loan repayments under section 2151y of this title, see 
section 508(b) of Pub. L. 96-53, set out as a note under section 2151y 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2151p-1, 2151q, 2291a, 
2321j, 2765, 2785 of this title.
