22 U.S.C. § 2151v — Aid to relatively least developed coun-

Page 636 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151v ‘‘(a) STUDY.—The Administrator of the Agency for International Development shall undertake a com- prehensive study of additional ways to provide develop- ment assistance through nongovernmental organiza- tions, 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 nongovern- mental 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 bene- fits of governmental and nongovernmental programs. ‘‘(b) REPORT.—The Administrator shall report the re- sults of this study to the Congress no later than Sep- tember 30, 1986.’’ AFRICAN DEVELOPMENT FOUNDATION Pub. L. 95–424, title I, § 122, Oct. 6, 1978, 92 Stat. 954, as amended by Pub. L. 97–113, title VII, § 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 im- plementation of policies and programs to enable the people of African nations to develop their potential, fulfill their aspirations, and enjoy better, more produc- tive lives. In furtherance of these objectives, the Con- gress finds that additional support is needed for com- munity-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 As- sistance Act of 1961 [this section], can complement cur- rent United States development programs in Africa. ‘‘(b) [Repealed. Pub. L. 97–113, title VII, § 734(a)(5), Dec. 29, 1981, 95 Stat. 1560.]’’ [African Development Foundation changed to United States African Development Foundation by Pub. L. 113–76, div. K, title III, Jan. 17, 2014, 128 Stat. 482. See section 290h–1 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. § 2151v. Aid to relatively least developed coun- tries (a) Characterization of least developed countries Relatively least developed countries (as deter- mined on the basis of criteria comparable to those used for the United Nations General As- sembly list of ‘‘least developed countries’’) are characterized by extreme poverty, very limited infrastructure, and limited administrative ca- pacity to implement basic human needs growth strategies. In such countries special measures may be necessary to insure the full effectiveness of assistance furnished under subchapter I of this chapter. (b) Assistance on grant basis For the purpose of promoting economic growth in these countries, the President is au- thorized and encouraged to make assistance under this part available on a grant basis to the maximum extent that is consistent with the at- tainment of United States development objec- tives. (c) Waiver of principal and interest on prior li- ability (1) The Congress recognizes that the relatively least developed countries have virtually no ac- cess to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assist- ance terms for relatively least developed coun- tries. Therefore, notwithstanding section 2370(r) of this title and section 321 of the International Development and Food Assistance Act of 1975 but subject to paragraph (2) of this subsection, the President on a case-by-case basis, taking into account the needs of the country for finan- cial resources and the commitment of the coun- try to the development objectives set forth in sections 2151 and 2151–1 of this title— (A) may permit a relatively least developed country to place amounts, which would other- wise be paid to the United States as payments on principal or interest on liability incurred by that country under subchapter I of this chapter (or any predecessor legislation) into local currency accounts (in equivalent amounts of local currencies as determined by the official exchange rate for United States dollars) for use by the relatively least devel- oped country, with the concurrence of the Ad- ministrator of the agency primarily respon- sible for administering subchapter I of this chapter, for activities which are consistent with section 2151–1 of this title; and (B) may waive interest payments on liability incurred by a relatively least developed coun- try under subchapter I of this chapter (or any predecessor legislation) if the President deter- mines that that country would be unable to use for development purposes the equivalent amounts of local currencies which could be made available under subparagraph (A). (2) The aggregate amount of interest waived and interest and principal paid into local cur- rency accounts under this subsection in any fis- cal year may not exceed the amount approved for such purpose in an Act appropriating funds to carry out this part for that fiscal year, which amount may not exceed the amount authorized to be so approved by the annual authorizing leg- islation for development assistance programs. Amounts due and payable during fiscal year 1981 to the United States from relatively least devel- oped countries on loans made under this sub- chapter (or any predecessor legislation) are au- thorized to be approved for use, in accordance with the provisions of paragraph (1) of this sub- section, in an amount not to exceed $10,845,000. (3) In exercising the authority granted by this subsection, the President should act in concert with other creditor countries. (d) Waiver of requirement of contribution The President may on a case-by-case basis waive the requirement of section 2151h(a) of this title for financial or ‘‘in kind’’ contributions in the case of programs, projects, or activities in relatively least developed countries. (e) Waiver of time limitations on aid Section 2151h(b) of this title shall not apply with respect to grants to relatively least devel- oped countries. Page 637 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151x (Pub. L. 87–195, pt. I, § 124, as added Pub. L. 95–424, title I, § 112(a)(1), Oct. 6, 1978, 92 Stat. 948; amended Pub. L. 96–53, title I, § 109, Aug. 14, 1979, 93 Stat. 363; Pub. L. 96–533, title III, § 308, Oct. 16, 1980, 94 Stat. 3147.) Editorial Notes REFERENCES IN TEXT Section 321 of the International Development and Food Assistance Act of 1975, referred to in subsec. (c)(1), is section 321 of Pub. L. 94–161, Dec. 20, 1975, 89 Stat. 868, which is set out as a note under section 2220a of this title. AMENDMENTS 1980—Subsec. (c)(2). Pub. L. 96–533 substituted ‘‘fiscal year 1981’’ and ‘‘$10,845,000’’ for ‘‘fiscal year 1980’’ and ‘‘$18,800,000’’, respectively. 1979—Subsec. (c)(2). Pub. L. 96–53 inserted provisions respecting use of funds due and payable during fiscal year 1980 to the United States. 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 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 Pub. L. 95–424, title I, § 112(a)(2), Oct. 6, 1978, 92 Stat. 949, provided that: ‘‘The authority granted by section 124(c) of the Foreign Assistance Act of 1961 [subsec. (c) of this section] shall not become effective until October 1, 1979.’’ 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. PRESIDENTIAL AUTHORITY DURING FISCAL YEARS 1990 AND 1991 Pub. L. 100–461, title V, § 572, Oct. 1, 1988, 102 Stat. 2268–44, provided that during fiscal years 1990 and 1991, President could use authority of paragraphs (A) and (B) of subsection (c)(1) of this section with respect to such aggregate amounts of principal and interest payable during each of those fiscal years as President deter- mined, or at any time after Sept. 30, 1989, President could, if he determined it was in national interest to do so, use authority of those paragraphs with respect to such aggregate amounts of outstanding principal and interest payable at any time after that date, and that such authority could be exercised with respect to speci- fied countries, and be exercised notwithstanding sub- section (c)(2) of this section. 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. § 2151w. Project and program evaluations (a) The Administrator of the agency primarily responsible for administering subchapter I of this chapter is directed to improve the assess- ment and evaluation of the programs and projects carried out by that agency under this part. The Administrator shall consult with the appropriate committees of the Congress in es- tablishing standards for such evaluations. (b) Repealed. Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560. (Pub. L. 87–195, pt. I, § 125, as added Pub. L. 95–424, title I, § 113, Oct. 6, 1978, 92 Stat. 950; amended Pub. L. 97–113, title VII, § 734(a)(1), Dec. 29, 1981, 95 Stat. 1560.) Editorial Notes AMENDMENTS 1981—Subsec. (b). Pub. L. 97–113 struck out subsec. (b) which required an annual Presidential report on ac- tions taken by the international financial institutions and the United Nations Development Program to im- prove the evaluation of their own programs. 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. § 2151x. Development and illicit narcotics pro- duction (a) Congressional statement of findings The Congress recognizes that illicit narcotics cultivation is related to overall development problems and that the vast majority of all indi- viduals employed in the cultivation of illicit narcotics reside in the developing countries and are among the poorest of the poor in those coun- tries and that therefore the ultimate success of any effort to eliminate illicit narcotics produc- tion depends upon the availability of alternative economic opportunities for those individuals, upon other factors which assistance under this part could address, as well as upon direct nar- cotics control efforts. (b) Program planning priorities; resource utiliza- tion (1) In planning programs of assistance under this part, and part X of this subchapter, and under part IV of subchapter II of this chapter for countries in which there is illicit narcotics cul- tivation, the agency primarily responsible for administering subchapter I of this chapter should give priority consideration to programs which would help reduce illicit narcotics cul- tivation by stimulating broader development op- portunities. (2) The agency primarily responsible for ad- ministering subchapter I of this chapter may utilize resources for activities aimed at increas- ing awareness of the effects of production and