22 U.S.C. § 2395a — International agreements concerning

Page 915 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2395a TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. 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. INTERNATIONAL AGREEMENTS The negotiation, conclusion, and termination of international agreements pursuant to this chapter shall be subject to requirements of section 112b of Title 1, General Provisions, and to applicable regulations and procedures, see section 1–604 of Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56677, eff. Oct. 1, 1979, set out as a note under section 2381 of this title. § 2395a. International agreements concerning debt relief; transmittal to congressional com- mittees (1) Repealed. Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560. (2) The Secretary of State shall transmit to such committees a copy of the text of any agree- ment with any foreign government which would result in any such debt relief no less than thirty days prior to its entry into force, together with a detailed justification of the interest of the United States in the proposed debt relief. The requirements of this paragraph shall not apply with respect to an agreement if a statutory re- quirement exists that the amount of the debt re- lief provided by the agreement may not exceed the amount approved for such purposes in ad- vance in an appropriation Act. (Pub. L. 95–424, title VI, § 603(a), Oct. 6, 1978, 92 Stat. 960; H. Res. 89, Feb. 5, 1979; Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560.) Editorial Notes REFERENCES IN TEXT ‘‘Such committees’’ and ‘‘such debt relief’’, referred to in par. (2), mean the Committee on Foreign Rela- tions of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of each House of Congress named as the ongoing recipients of any information respecting debt relief negotiations with foreign governments regarding any debts owing to the United States in par. (1) provi- sions prior to repeal thereof by section 734(a)(1) of Pub. L. 97–113. CODIFICATION Section enacted as part of the International Develop- ment and Food Assistance Act of 1978, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 1981—Par. (1). Pub. L. 97–113 struck out par. (1) which required Secretary of State keep the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of each House of Con- gress informed respecting any debt relief negotiations with foreign governments regarding any debts owing to the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amend- ment note under section 2151 of this title. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF Pub. L. 106–113, div. B, § 1000(a)(5) [title V, § 501], Nov. 29, 1999, 113 Stat. 1536, 1501A–311, as amended by Pub. L. 108–447, div. D, title V, § 591(b), Dec. 8, 2004, 118 Stat. 3037; Pub. L. 109–102, title V, § 578, Nov. 14, 2005, 119 Stat. 2232; Pub. L. 110–161, div. J, title VI, § 699H(b)(1), Dec. 26, 2007, 121 Stat. 2372; Pub. L. 116–94, div. J, title IX, § 904(b), Dec. 20, 2019, 133 Stat. 3086; Pub. L. 116–260, div. K, title VII, § 7042(j)(2), Dec. 27, 2020, 134 Stat. 1772, pro- vided that: ‘‘(a) CANCELLATION OF DEBT.—Subject to the avail- ability of amounts provided in advance in appropria- tions Acts, the President shall cancel all amounts owed to the United States (or any agency of the United States) by any country eligible for debt reduction under this section, as a result of loans made or credits extended prior to June 20, 1999, under any of the provi- sions of law specified in subsection (b). ‘‘(b) PROVISIONS OF LAW.—The provisions of law re- ferred to in subsection (a) are the following: ‘‘(1) Sections 221 and 222 of the Foreign Assistance Act [of 1961] [22 U.S.C. 2181, 2182]. ‘‘(2) The Arms Export Control Act (22 U.S.C. 2751 et seq.). ‘‘(3) Section 5(f) of the Commodity Credit Corpora- tion Charter Act [15 U.S.C. 714c(f)], section 201 of the Agricultural Trade Act of 1978 (7 U.S.C. 5621), or sec- tion 202 of such Act (7 U.S.C. 5622), or predecessor pro- visions under the Food for Peace Act of 1966. ‘‘(4) Title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (7 U.S.C. 1701 et seq.). ‘‘(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 31; 22 U.S.C. 411 et seq.; commonly known as the ‘Lend-Lease Act’). ‘‘(c) OTHER DEBT REDUCTION AUTHORITIES.—The au- thority provided in this section is in addition to any other debt relief authority and does not in any way limit such authority. ‘‘(d) ELIGIBLE COUNTRIES.—A country that is per- forming satisfactorily under an economic reform pro- gram shall be eligible for cancellation of debt under this section if— ‘‘(1) the country, as of December 31, 2000, is eligible to borrow from the International Development Asso- ciation; ‘‘(2) the country, as of December 31, 2000, is not eli- gible to borrow from the International Bank for Re- construction and Development; and ‘‘(3)(A) the country has outstanding public and pub- licly guaranteed debt, the net present value of which on December 31, 1996, was at least 150 percent of the average annual value of the exports of the country for the period 1994 through 1996; or ‘‘(B)(i) the country has outstanding public and pub- licly guaranteed debt, the net present value of which, as of the date the President determines that the country is eligible for debt relief under this section, is at least 150 percent of the annual value of the ex- ports of the country; or ‘‘(ii) the country has outstanding public and pub- licly guaranteed debt, the net present value of which, as of the date the President determines that the country is eligible for debt relief under this section, is at least 250 percent of the annual fiscal revenues of Page 916 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2396 the country, and has minimum ratios of exports to Gross Domestic Product of 30 percent, and of fiscal revenues to Gross Domestic Product of 15 percent. ‘‘(e) PRIORITY.—In carrying out subsection (a), the President should seek to leverage scarce foreign assist- ance and give priority to heavily indebted poor coun- tries with demonstrated need and the capacity to use such relief effectively. ‘‘(f) EXCEPTIONS.—A country shall not be eligible for cancellation of debt under this section if the govern- ment of the country— ‘‘(1) has an excessive level of military expenditures; ‘‘(2) has repeatedly provided support for acts of international terrorism, as determined by the Sec- retary of State under [former] section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) [former 50 U.S.C. 4605(j)(1)] or section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); ‘‘(3) is failing to cooperate on international nar- cotics control matters; or ‘‘(4) (including its military or other security forces), engages in a consistent pattern of gross viola- tions of internationally recognized human rights. ‘‘(g) ADDITIONAL REQUIREMENT.—A country which is otherwise eligible to receive cancellation of debt under this section may receive such cancellation only if the country has committed, in connection with a social and economic reform program— ‘‘(1) to enable, facilitate, or encourage the imple- mentation of policy changes and institutional re- forms under economic reform programs, in a manner that ensures that such policy changes and institu- tional reforms are designed and adopted through transparent and participatory processes; ‘‘(2) to adopt an integrated development strategy of the type described in section 1624(a) of the Inter- national Financial Institutions Act [22 U.S.C. 262p–7], to support poverty reduction through economic growth, that includes monitorable poverty reduction goals; ‘‘(3) to take steps so that the financial benefits of debt relief are applied to programs to combat poverty (in particular through concrete measures to improve economic infrastructure, basic services in education, nutrition, and health, particularly treatment and prevention of the leading causes of mortality) and to redress environmental degradation; ‘‘(4) to take steps to strengthen and expand the pri- vate sector, encourage increased trade and invest- ment, support the development of free markets, and promote broad-scale economic growth; ‘‘(5) to implement transparent policy making and budget procedures, good governance, and effective anticorruption measures; ‘‘(6) to broaden public participation and popular un- derstanding of the principles and goals of poverty re- duction, particularly through economic growth, and good governance; and ‘‘(7) to promote the participation of citizens and nongovernmental organizations in the economic pol- icy choices of the government. ‘‘(h) CERTAIN PROHIBITIONS INAPPLICABLE.—Except as the President may otherwise determine for reasons of national security, a cancellation of debt under this sec- tion shall not be considered to be assistance for pur- poses of any provision of law limiting assistance to a country. The authority to provide for cancellation of debt under this section may be exercised notwith- standing section 620(r) of the Foreign Assistance Act of 1961 [22 U.S.C. 2370(r)], or any similar provision of law. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the cost (as defined in section 502(5) of the Federal Credit Re- form Act of 1990 [2 U.S.C. 661a(5)]) of the cancellation of any debt under this section, there are authorized to be appropriated to the President such sums as may be nec- essary for each of the fiscal years 2000–2025, which shall remain available until expended. ‘‘(j) ANNUAL REPORTS TO THE CONGRESS.—Not later than December 31 of each year, the President shall pre- pare and transmit to the Committees on Banking and Financial Services [now Committee on Financial Serv- ices], Appropriations, and International Relations [now Committee on Foreign Affairs] of the House of Rep- resentatives, and the Committees on Banking, Housing, and Urban Affairs, Foreign Relations, and Appropria- tions of the Senate a report, which shall be made avail- able to the public, concerning the cancellation of debt under subsection (a), and a detailed description of debt relief provided by the United States as a member of the Paris Club of Official Creditors for the prior fiscal year.’’ [Pub. L. 108–447, § 591(b), which directed amendment of section 501(i) of Public Law 106–113 by substituting ‘‘2000–2006’’ for ‘‘2003–2004’’, was executed in section 1000(a)(5) [title V, § 501] of div. B of Pub. L. 106–113, set out above, by making substitution for ‘‘2000 through 2004’’, to reflect the probable intent of Congress.] NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS Pub. L. 102–391, title V, § 548, Oct. 6, 1992, 106 Stat. 1673, provided that: ‘‘The Secretary of State shall transmit to the Appropriations Committees of the Con- gress and to such other Committees as appropriate, a copy of the text of any agreement with any foreign gov- ernment which would result in any debt relief no less than thirty days prior to its entry into force, other than one entered into pursuant to this Act, together with a detailed justification of the interest of the United States in the proposed debt relief: Provided, That the term ‘debt relief’ shall include any and all debt prepayment, debt rescheduling, and debt restruc- turing proposals and agreements: Provided further, That the Secretary of State and the Secretary of the Treas- ury should in every feasible instance notify the Appro- priations Committees of the Congress and such other Committees as appropriate not less than 15 days prior to any formal multilateral or bilateral negotiation for official debt restructuring, rescheduling, or relief: Pro- vided further, That the Secretary of State or the Sec- retary of the Treasury, as appropriate, shall report not later than February 1 of each year a consolidated state- ment of the budgetary implications of all debt-related agreements entered into force during the preceding fis- cal year.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 101–513, title V, § 550, Nov. 5, 1990, 104 Stat. 2020. Pub. L. 101–167, title V, § 555, Nov. 21, 1989, 103 Stat. 1237. Pub. L. 100–461, title V, § 557, Oct. 1, 1988, 102 Stat. 2268–38. Pub. L. 100–202, § 101(e) [title V, § 563], Dec. 22, 1987, 101 Stat. 1329–131, 1329–172. § 2396. Availability of funds (a) General expenditures Appropriations for the purposes of or pursuant to this chapter (except for subchapter II of this chapter), allocations to any agency of the United States Government, from other appro- priations, for functions directly related to the purposes of this chapter, and funds made avail- able for other purposes to the agency primarily responsible for administrating subchapter I of this chapter, shall be available for: (1) rent of buildings and space in buildings in the United States, and for repair, alteration, and improvement of such leased properties; (2) expenses of attendance at meetings con- cerned with the purposes of such appropria- tions or of this chapter, including (notwith- standing the provisions of section 1346(a) and (c) of title 31) expenses in connection with