22 U.S.C. § 2151aa — Program to provide technical assist-

Page 639 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151aa The Foreign Assistance Act of 1961, referred to in sub- secs. (a) and (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 1 of part I and chapter 4 of part II of the Act are classified generally to part I (§ 2151 et seq.) of subchapter I and part IV (§ 2346 et seq.) of subchapter II, respectively, of this chapter. For provisions deeming references to part I of subchapter I to include a ref- erence to section 2293 of this title, see section 2293(d)(1) of this title. Subsec. (i) of section 481 of the Act was re- designated (e) by Pub. L. 102–583, § 6(b)(3), Nov. 2, 1992, 106 Stat. 4932. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural De- velopment and Trade Act of 1990, and also as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. § 2151y. Accelerated loan repayments; annual re- view of countries with bilateral concessional loan balances; priority of determinations re- specting negotiations with countries having balances; criteria for determinations The Administrator of the agency primarily re- sponsible for administering subchapter I of this chapter shall conduct an annual review of bilat- eral concessional loan balances and shall deter- mine and identify those countries whose finan- cial resources make possible accelerated loan re- payments. In particular, European countries that were recipients of concessional loans by predecessor agencies to the agency primarily re- sponsible for administering subchapter I of this chapter shall be contacted to negotiate acceler- ated repayments. The criteria used by the Ad- ministrator in making these determinations shall be established in conjunction with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (Pub. L. 87–195, pt. I, § 127, as added Pub. L. 96–53, title V, § 508(a), Aug. 14, 1979, 93 Stat. 379.) Statutory Notes and Related Subsidiaries 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 (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 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. EFFECTIVE DATE Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title. NEGOTIATING EFFORTS CONCERNING ACCELERATED LOAN REPAYMENTS TO BE INCLUDED IN ANNUAL REPORTS ON FOREIGN ASSISTANCE FOR 1980 AND 1981 Pub. L. 96–53, title V, § 508(b), Aug. 14, 1979, 93 Stat. 379, which related to loan repayment provisions in re- ports, was repealed by Pub. L. 97–113, title VII, § 734(a)(3), Dec. 29, 1981, 95 Stat. 1560. § 2151z. Targeted assistance (a) Determination of target populations and strengthening United States assistance The President shall use poverty measurement standards, such as those developed by the Inter- national Bank for Reconstruction and Develop- ment, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assist- ance under this part directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty. (b) Ultimate beneficiaries of activities To the maximum extent possible, activities under this part that attempt to increase the in- stitutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ulti- mate beneficiaries of these activities are the poor majority. (Pub. L. 87–195, pt. I, § 128, as added Pub. L. 97–377, title I, § 101(b)(2), Dec. 21, 1982, 96 Stat. 1832; amended Pub. L. 99–83, title III, § 312(a), Aug. 8, 1985, 99 Stat. 216.) Editorial Notes AMENDMENTS 1985—Pub. L. 99–83, in amending section generally, designated existing provisions as subsec. (a), sub- stituted provisions setting overall guidelines and prin- ciples for determination of target populations and strengthening United States assistance, for provisions relating to Presidential responsibility in carrying out this part in fiscal year 1983 for targeting assistance for those living in absolute poverty, and added subsec. (b). Statutory Notes and Related Subsidiaries 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 sec- tion 2151–1 of this title. REPORT OF ADMINISTRATOR OF AGENCY FOR INTER- NATIONAL DEVELOPMENT TO CONGRESS BY JUNE 21, 1983, ON IMPLEMENTATION OF SECTION Pub. L. 97–377, title I, § 101(b)(2), Dec. 21, 1982, 96 Stat. 1832, provided in part that within six months after Dec. 21, 1982, the Administrator of the Agency for Inter- national Development would report to Congress on the implementation of this section, the types of projects determined to meet these requirements, and the effect on the overall United States foreign assistance pro- gram. Executive Documents 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. § 2151aa. Program to provide technical assist- ance to foreign governments and foreign cen- tral banks of developing or transitional countries (a) Establishment of program (1) In general Not later than 150 days after October 21, 1998, the Secretary of the Treasury, after consulta- tion with the Secretary of State and the Ad- ministrator of the United States Agency for Page 640 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151aa International Development, is authorized to establish a program to provide technical as- sistance to foreign governments and foreign central banks of developing or transitional countries. (2) Role of Secretary of State The Secretary of State shall provide foreign policy guidance to the Secretary to ensure that the program established under this sub- section is effectively integrated into the for- eign policy of the United States. (b) Conduct of program (1) In general In carrying out the program established under subsection (a), the Secretary shall pro- vide economic and financial technical assist- ance to foreign governments and foreign cen- tral banks of developing and transitional countries by providing advisers with appro- priate expertise to advance the enactment of laws and establishment of administrative pro- cedures and institutions in such countries to promote macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable pri- vate sector growth. (2) Additional requirements To the extent practicable, such technical as- sistance shall be designed to establish— (A) tax systems that are fair, objective, and efficiently gather sufficient revenues for governmental operations; (B) debt issuance and management pro- grams that rely on market forces; (C) budget planning and implementation that permits responsible fiscal policy man- agement; (D) commercial banking sector develop- ment that efficiently intermediates between savers and investors; and (E) financial law enforcement to protect the integrity of financial systems, financial institutions, and government programs. (3) Emphasis on anti-corruption Such technical assistance shall include ele- ments designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures. (c) Administrative requirements In carrying out the program established under subsection (a), the Secretary— (1) shall establish a methodology for identi- fying and selecting foreign governments and foreign central banks to receive assistance under the program; (2) prior to selecting a foreign government or foreign central bank to receive assistance under the program, shall receive the concur- rence of the Secretary of State with respect to the selection of such government or central bank and with respect to the cost of the assist- ance to such government or central bank; (3) shall consult with the heads of appro- priate Executive agencies of the United States, including the Secretary of State and the Administrator of the United States Agen- cy for International Development, and appro- priate international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance; (4) shall ensure that the program is con- sistent with the International Affairs Stra- tegic Plan and Mission Performance Plan of the United States Agency for International Development; (5) shall establish and carry out a plan to evaluate the program. (d) Administrative authorities In carrying out the program established under subsection (a), the Secretary shall have the fol- lowing administrative authorities: (1) The Secretary may provide allowances and benefits under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) to any officer or employee of any agency of the United States Government performing functions under this section outside the United States. (2)(A) The Secretary may allocate or trans- fer to any agency of the United States Govern- ment any part of any funds available for car- rying out this section, including any advance to the United States Government by any coun- try or international organization for the pro- curement of commodities, supplies, or serv- ices. (B) Such funds shall be available for obliga- tion and expenditure for the purposes for which such funds were authorized, in accord- ance with authority granted in this section or under authority governing the activities of the agency of the United States Government to which such funds are allocated or trans- ferred. (3) Appropriations for the purposes of or pur- suant to this section, and allocations to any agency of the United States Government from other appropriations for functions directly re- lated to the purposes of this section, shall be available for— (A) contracting with individuals for per- sonal services abroad, except that such indi- viduals shall not be regarded as employees of the United States Government for the pur- pose of any law administered by the Office of Personnel Management; (B) the purchase and hire of passenger motor vehicles, except that passenger motor vehicles may be purchased only— (i) for use in foreign countries; and (ii) if the Secretary or the Secretary’s designee has determined that the vehicle is necessary to accomplish the mission; (C) the purchase of insurance for official motor vehicles acquired for use in foreign countries; (D)(i) the rent or lease outside the United States, not to exceed 5 years, of offices, buildings, grounds, and quarters, including living quarters to house personnel, con- sistent with the relevant interagency hous- ing board policy, and payments therefor in advance; Page 641 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151aa (ii) maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government out- side the United States; and (iii) costs of insurance, fuel, water, and utilities for such properties; (E) expenses of preparing and transporting to their former homes or places of burial the remains of foreign participants or members of the family of foreign participants, who may die while such participants are away from their homes participating in activities carried out with funds covered by this sec- tion; (F) notwithstanding any other provision of law, transportation and payment of per diem in lieu of subsistence to foreign participants engaged in activities of the program under this section while such participants are away from their homes in countries other than the United States, at rates not in ex- cess of those prescribed by the standardized Government travel regulations; (G) expenses in connection with travel of personnel outside the United States, includ- ing travel expenses of dependents (including expenses during necessary stop-overs while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more eco- nomical to authorize storage; and (H) grants to, and cooperative agreements and contracts with, any individual, corpora- tion, or other body of persons, nonprofit or- ganization, friendly government or govern- ment agency, whether within or without the United States, and international organiza- tions, as the Secretary determines is appro- priate to carry out the purposes of this sec- tion. (4) Whenever the Secretary determines it to be consistent with the purposes of this section, the Secretary is authorized to furnish services and commodities on an advance-of-funds basis to any friendly country or international orga- nization that is not otherwise prohibited from receiving assistance under this chapter. Such advances may be credited to the currently ap- plicable appropriation, account, or fund of the Department of the Treasury and shall be available for the purposes for which such ap- propriation, account, or fund is authorized to be used. (e) Issuance of regulations The Secretary is authorized to issue such reg- ulations with respect to personal service con- tractors as the Secretary deems necessary to carry out this section. (f) Rule of construction Nothing in this section shall be construed to infringe upon the powers or functions of the Sec- retary of State (including the powers or func- tions described in section 4802 of this title) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)). (g) Termination of assistance The Secretary shall conclude assistance ac- tivities for a recipient foreign government or foreign central bank under the program estab- lished under subsection (a) if the Secretary, after consultation with the appropriate officers of the United States, determines that such as- sistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and ad- ministrative procedures, efficient resource allo- cation, transparent and market-oriented proc- esses and private sector growth in a sustainable manner. (h) Report (1) In general Not later than 3 months after October 21, 1998, and every 6 months thereafter, the Sec- retary shall prepare and submit to the appro- priate congressional committees a report on the conduct of the program established under this section during the preceding 6-month pe- riod. (2) Definition In this subsection, the term ‘‘appropriate congressional committees’’ means— (A) the Committee on International Rela- tions and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (i) Definitions In this section: (1) Developing or transitional country The term ‘‘developing or transitional coun- try’’ means a country eligible to receive devel- opment assistance under this part. (2) International financial institution The term ‘‘international financial institu- tion’’ means the International Monetary Fund, the International Bank for Reconstruc- tion and Development, the International De- velopment Association, the International Fi- nance Corporation, the Multilateral Invest- ment Guarantee Agency, the Asian Develop- ment Bank, the African Development Bank, the African Development Fund, the Inter- American Development Bank, the Inter-Amer- ican Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Af- rica. (3) Secretary The term ‘‘Secretary’’ means the Secretary of the Treasury. (4) Technical assistance The term ‘‘technical assistance’’ includes— Page 642 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2152 (A) the use of short-term and long-term expert advisers to assist foreign govern- ments and foreign central banks for the pur- poses described in subsection (b)(1); (B) training in the recipient country, the United States, or elsewhere for the purposes described in subsection (b)(1); (C) grants of goods, services, or funds to foreign governments and foreign central banks; (D) grants to United States nonprofit orga- nizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and (E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such offi- cials. (5) Foreign participant The term ‘‘foreign participant’’ means the national of a developing or transitional coun- try that is receiving assistance under the pro- gram established under subsection (a) who has been designated to participate in activities under such program. (j) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999. (2) Availability of amounts Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended. (Pub. L. 87–195, pt. I, § 129, as added Pub. L. 105–277, div. A, § 101(d) [title V, § 589(a)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–205; amended Pub. L. 106–309, title II, § 204, Oct. 17, 2000, 114 Stat. 1092.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (d)(1), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chap- ter 9 of title I of the Foreign Service Act of 1980 is clas- sified generally to subchapter IX (§ 4081 et seq.) of chap- ter 52 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3901 of this title and Tables. This chapter, referred to in subsec. (d)(4), was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, 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. CODIFICATION Another section 129 of Pub. L. 87–195 was renumbered section 130 and is classified to section 2152 of this title. AMENDMENTS 2000—Subsec. (b)(3). Pub. L. 106–309 added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 2152. Assistance for victims of torture (a) In general The President is authorized to provide assist- ance for the rehabilitation of victims of torture. (b) Eligibility for grants Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat vic- tims of torture for the physical and psycho- logical effects of the torture. (c) Use of funds Such assistance shall be available— (1) for direct services to victims of torture; and (2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1). (Pub. L. 87–195, pt. I, § 130, formerly § 129, as added Pub. L. 105–320, § 4(a), Oct. 30, 1998, 112 Stat. 3017; renumbered § 130, Pub. L. 106–87, § 6(a), Nov. 3, 1999, 113 Stat. 1302.) Statutory Notes and Related Subsidiaries STATEMENT OF POLICY Pub. L. 109–165, § 2, Jan. 10, 2006, 119 Stat. 3574, pro- vided that: ‘‘It is the policy of the United States— ‘‘(1) to ensure that, in its support abroad for pro- grams and centers for the treatment of victims of torture, particular incentives and support should be given to establishing and supporting such programs and centers in emerging democracies, in post-conflict environments, and, with a view to providing services to refugees and internally displaced persons, in areas as close to ongoing conflict as safely as possible; and ‘‘(2) to ensure that, in its support for domestic pro- grams and centers for the treatment of victims of torture, particular attention should be given to re- gions with significant immigrant or refugee popu- lations.’’ TORTURE VICTIMS RELIEF; EFFECTIVE DATE Pub. L. 105–320, Oct. 30, 1998, 112 Stat. 3016, as amend- ed by Pub. L. 106–87, § 6(b), Nov. 3, 1999, 113 Stat. 1302; Pub. L. 108–179, §§ 2(a), 3(a), Dec. 15, 2003, 117 Stat. 2643; Pub. L. 109–165, §§ 3, 4, Jan. 10, 2006, 119 Stat. 3574, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Torture Victims Re- lief Act of 1998’. ‘‘SEC. 2. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) The American people abhor torture by any gov- ernment or person. The existence of torture creates a climate of fear and international insecurity that af- fects all people. ‘‘(2) Torture is the deliberate mental and physical damage caused by governments to individuals to de- stroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. ‘‘(3) By eliminating the leadership of their opposi- tion and frightening the general public, repressive governments often use torture as a weapon against democracy. ‘‘(4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In