22 U.S.C. § 2151t — Development assistance authority

Page 632 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151r cal diversity and calls upon the President to continue exerting United States leadership in order to achieve the earliest possible negotiation of an international convention to conserve biological diversity, and di- rected the President to submit a report to Congress on progress toward goal of negotiating such convention not later than one year after Oct. 25, 1988. 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. § 2151r. Sahel development program; planning (a) Congressional support The Congress reaffirms its support of the ini- tiative of the United States Government in un- dertaking consultations and planning with the countries concerned, with other nations pro- viding assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and sup- port of a comprehensive long-term African Sahel development program. (b) Presidential authorization The President is authorized to develop a long- term comprehensive development program for the Sahel and other drought-stricken nations in Africa. (c) Presidential guidelines In developing this long-term program, the President shall— (1) consider international coordination for the planning and implementation of such pro- gram; (2) seek greater participation and support by African countries and organizations in deter- mining development priorities; and (3) begin such planning immediately. (Pub. L. 87–195, pt. I, § 120, formerly pt. III, § 639B, as added Pub. L. 93–189, § 20, Dec. 17, 1973, 87 Stat. 725; renumbered pt. I, § 494B and amended Pub. L. 94–161, title I, § 101(5), (7), Dec. 20, 1975, 89 Stat. 850; renumbered pt. I, § 120 and amended Pub. L. 95–88, title I, § 115(1), (2), Aug. 3, 1977, 91 Stat. 539; Pub. L. 95–424, title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 959.) Editorial Notes CODIFICATION Section was formerly classified to sections 2292e and 2399–1b of this title. AMENDMENTS 1978—Subsec. (d). Pub. L. 95–424 struck out subsec. (d) authorizing appropriations for development of a long- term African Sahel development program. 1977—Pub. L. 95–88, § 115(2), substituted ‘‘Sahel’’ for ‘‘African’’ in section catchline. 1975—Pub. L. 94–161, § 101(7)(A), struck out ‘‘Sahel’’ after ‘‘African’’ in section catchline. Subsec. (a). Pub. L. 94–161, § 101(7)(B), (C), designated existing provisions as subsec. (a) and substituted ‘‘Con- gress reaffirms its support of’’ for ‘‘Congress supports’’. Subsecs. (b) to (d). Pub. L. 94–161, § 101(7)(D), added subsecs. (b) to (d). Statutory Notes and Related Subsidiaries 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. 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. § 2151s. Repealed. Pub. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031 Section, Pub. L. 87–195, pt. I, § 121, as added Pub. L. 95–88, title I, § 115(3), Aug. 3, 1977, 91 Stat. 539; amended Pub. L. 96–53, title I, § 108, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96–533, title III, § 306, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97–113, title III, § 308, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99–83, title VIII, § 809, Aug. 8, 1985, 99 Stat. 263, related to Sahel development program. § 2151t. Development assistance authority (a) Authority of President to furnish assistance In order to carry out the purposes of this part, the President is authorized to furnish assist- ance, on such terms and conditions as he may determine, to countries and areas through pro- grams of grant and loan assistance, bilaterally or through regional, multilateral, or private en- tities. (b) Authority of President to make loans; terms and conditions 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 eco- nomic development of countries and areas, with emphasis upon assisting long-range plans and programs designed to develop economic re- sources and increase productive capacities. The President shall determine the interest payable on any loan. In making loans under this part, the President shall consider the economic cir- cumstances 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 fol- lowing 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) Dollar receipts from loans to be paid into Treasury Dollar receipts paid during any fiscal year from loans made under subchapter I of this chapter or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts. (d) Assistance to research and educational insti- tutions in United States; limitation on amounts Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of Page 633 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151u this part may be used for assistance, on such terms and conditions as the President may de- termine, to research and educational institu- tions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned with the eco- nomic and social development of developing countries. (e) Development Loan Committee; establishment; duties; appointment of officers 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, es- tablish standards and criteria for lending oper- ations under this part 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 Senate, officers assigned to the Committee shall be so assigned by the President by and with the advice and consent of the Senate. (Pub. L. 87–195, pt. I, § 122, as added Pub. L. 95–424, title I, § 102(a), (b)(1), (c)(1), (d), Oct. 6, 1978, 92 Stat. 940, 941.) Editorial Notes PRIOR PROVISIONS Subsec. (b) of this section consists of provisions for- merly contained in subsections (b), (c), and (d) of sec- tion 2161 of this title. Subsec. (e) of this section con- sists of provisions formerly contained in section 2164 of this title. 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, 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. 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. § 2151t–1. Establishment of program (a) In general In carrying out part I of the Foreign Assist- ance Act of 1961 [22 U.S.C. 2151 et seq.] and other relevant foreign assistance laws, the President, acting through the Administrator of the United States Agency for International Development, shall establish a program of training and other technical assistance to assist foreign countries in— (1) developing and strengthening laws and regulations to protect intellectual property; and (2) developing the infrastructure necessary to implement and enforce such laws and regu- lations. (b) Participation of other agencies The Administrator of the United States Agen- cy for International Development— (1) shall utilize the expertise of the Patent and Trademark Office and other agencies of the United States Government in designing and implementing the program of assistance provided for in this section; (2) shall coordinate assistance under this section with efforts of other agencies of the United States Government to increase inter- national protection of intellectual property, including implementation of international agreements containing high levels of protec- tion of intellectual property; and (3) shall consult with the heads of such other agencies in determining which foreign coun- tries will receive assistance under this section. (Pub. L. 103–392, title V, § 501, Oct. 22, 1994, 108 Stat. 4103.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of this chapter. For provisions deeming ref- erences to subchapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of sub- chapter II of this chapter, 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. For com- plete 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 Jobs Through Trade Expansion Act of 1994, and not as part of the For- eign Assistance Act of 1961 which comprises this chap- ter. § 2151u. Private and voluntary organizations and cooperatives in overseas development (a) Congressional finding of importance of par- ticipation by private and voluntary organiza- tions 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 ac- tivities 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, con- stitute an important means of mobilizing pri- vate 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 co- operatives expand their overseas development efforts without compromising their private and independent nature. The Congress further de-