22 U.S.C. § 2151h — Cost-sharing

Page 616 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151f and dissemination of appropriate technology in developing countries. (Pub. L. 87–195, pt. I, § 107, as added Pub. L. 94–161, title III, § 306(2), Dec. 20, 1975, 89 Stat. 859; amended Pub. L. 95–424, title I, § 107, Oct. 6, 1978, 92 Stat. 947.) Editorial Notes PRIOR PROVISIONS A prior section 2151e, Pub. L. 87–195, pt. I, § 107, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715, au- thorized additional appropriations of $39,000,000 for fis- cal years 1974, and 1975, for assistance to select coun- tries and organizations in support of general economy of recipient countries as for development programs conducted by private international organizations, prior to repeal by section 306(1) of Pub. L. 94–161. See section 2151d of this title. AMENDMENTS 1978—Pub. L. 95–424 designated existing provisions as subsec. (a), substituted provisions mandating that the President place special emphasis on the use of rel- atively smaller, cost-saving, labor-using technologies generally more appropriate for small farms, small busi- nesses and small incomes of the poor, for provisions au- thorizing the use of $20,000,000 for activities in the field of intermediate technology, directing the Agency for International Development to prepare a proposal to carry out this section and to keep Congress informed, and to implement such proposal, and added subsec. (b). 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. § 2151f. Transferred Editorial Notes CODIFICATION Section, Pub. L. 87–195, pt. I, § 108, as added Pub. L. 98–151, § 101(b)(2), Nov. 14, 1983, 97 Stat. 972 and amended, which related to microenterprise development credits, was renumbered section 256 of Pub. L. 87–195 by Pub. L. 108–484, § 4(a), (b), Dec. 23, 2004, 118 Stat. 3926, 3927, and transferred to section 2212 of this title. PRIOR PROVISIONS A prior section 2151f, Pub. L. 87–195, pt. I, § 108, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715, re- lated to application of subpart I, II, or X of part II of this subchapter to assistance under this part, prior to repeal by Pub. L. 95–424, title I, § 102(g)(2)(K)(i), Oct. 6, 1978, 92 Stat. 943, eff. Oct. 1, 1978. § 2151g. Transfer of funds Whenever the President determines it to be necessary for the purposes of this part, not to exceed 15 per centum of the funds made avail- able for any provision of this part may be trans- ferred to, and consolidated with, the funds made available for any other provision of this part, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. The author- ity of sections 2360(a) and 2364(a) of this title may not be used to transfer funds made avail- able under this part for use for purposes of any other provision of this chapter, except that the authority of such sections may be used to trans- fer for the purposes of section 2427 of this title not to exceed five per centum of the amount of funds made available for section 2427(a)(1) of this title. (Pub. L. 87–195, pt. I, § 109, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 95–88, title I, § 129(b), Aug. 3, 1977, 91 Stat. 543; Pub. L. 95–424, title I, § 102(g)(2)(K)(ii), Oct. 6, 1978, 92 Stat. 943.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. AMENDMENTS 1978—Pub. L. 95–424 substituted ‘‘Whenever’’ for ‘‘Not- withstanding section 2151f of this title, whenever’’. 1977—Pub. L. 95–88 provided that the authority under sections 2360(a) and 2364(a) of this title may be used to transfer for the purposes of section 2427 of this title not to exceed five per centum of the amount of funds made available for section 2427(a)(1) of this title. 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. § 2151h. Cost-sharing No assistance shall be furnished by the United States Government to a country under sections 2151a through 2151d of this title until the coun- try provides assurances to the President, and the President is satisfied, that such country will provide at least 25 per centum of the costs of the entire program, project, or activity with respect to which such assistance is to be furnished, ex- cept that such costs borne by such country may be provided on an ‘‘inkind’’ basis. (Pub. L. 87–195, pt. I, § 110, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94–161, title III, § 307, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95–88, title I, § 106, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95–424, title I, § 112(b), Oct. 6, 1978, 92 Stat. 949; Pub. L. 99–83, title XII, § 1211(a)(3), Aug. 8, 1985, 99 Stat. 279.) Page 617 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151i Editorial Notes AMENDMENTS 1985—Pub. L. 99–83 struck out subsec. (a) designation, and struck out subsec. (b) which set forth funding lim- its for grant assistance under sections 2151a to 2151d of this title. 1978—Subsec. (a). Pub. L. 94–424 struck out provision, following ‘‘on an ‘in-kind’ basis’’, relating to waiver by the President of cost-sharing requirement in case of a project or activity in a country determined to be rel- atively least developed by the agency primarily respon- sible for administering subchapter I of this chapter. Subsec. (b). Pub. L. 95–424 substituted ‘‘No’’ for ‘‘Ex- cept for grants to countries determined to be relatively least developed based on the United Nations Conference on Trade and Development list of ‘relatively least de- veloped countries’, no’’. 1977—Subsec. (a). Pub. L. 95–88, § 106(1), substituted ‘‘sections 2151a through 2151d’’ for ‘‘sections 2151a through 2151e’’. Subsec. (b). Pub. L. 95–88, § 106(2), inserted provisions creating an exception for grants to countries deter- mined to be relatively least developed based on the United Nations Conference on Trade and Development list of ‘‘relatively least developed countries’’ and sub- stituted ‘‘sections 2151a through 2151d’’ for ‘‘sections 2151a through 2151e’’. 1975—Subsec. (a). Pub. L. 94–161 authorized Presi- dential waiver of cost-sharing as a condition for being furnished project or activity assistance in the case of a relatively least developed country. Statutory Notes and Related Subsidiaries REFERENCES TO SECTIONS 2151a THROUGH 2151d DEEMED TO INCLUDE SECTION 2293 References to sections 2151a through 2151d of this title are deemed to include a reference to section 2293 of this title. See section 2293(d)(1) of this title. 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. 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. § 2151i. Development and use of cooperatives In order to strengthen the participation of the rural and urban poor in their country’s develop- ment, high priority shall be given to increasing the use of funds made available under this chap- ter for technical and capital assistance in the development and use of cooperatives in the less developed countries which will enable and en- courage greater numbers of the poor to help themselves toward a better life. In meeting the requirement of the preceding sentence, specific priority shall be given to the following: (1) Agriculture Technical assistance to low income farmers who form and develop member-owned coopera- tives for farm supplies, marketing and value- added processing. (2) Financial systems The promotion of national credit union sys- tems through credit union-to-credit union technical assistance that strengthens the abil- ity of low income people and micro-entre- preneurs to save and to have access to credit for their own economic advancement. (3) Infrastructure The support of rural electric and tele- communication cooperatives for access for rural people and villages that lack reliable electric and telecommunications services. (4) Housing and community services The promotion of community-based coopera- tives which provide employment opportunities and important services such as health clinics, self-help shelter, environmental improve- ments, group-owned businesses, and other ac- tivities. (Pub. L. 87–195, pt. I, § 111, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94–161, title III, § 308, Dec. 20, 1975, 89 Stat. 859; Pub. L. 95–88, title I, § 107(a), Aug. 3, 1977, 91 Stat. 535; Pub. L. 96–53, title I, § 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 106–309, title IV, § 401(c)(2), Oct. 17, 2000, 114 Stat. 1097.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. AMENDMENTS 2000—Pub. L. 106–309 inserted at end ‘‘In meeting the requirement of the preceding sentence, specific priority shall be given to the following:’’ and pars. (1) to (4). 1979—Pub. L. 96–53 struck out provisions relating to availability of funds for fiscal year 1978 for technical assistance. 1977—Pub. L. 95–88 substituted ‘‘technical and capital assistance in the development and use of cooperatives’’ for ‘‘assistance in the development of cooperatives’’ and ‘‘$10,000,000 of the funds made available under this chapter for the fiscal year 1978 may be used only for technical assistance’’ for ‘‘$20,000,000 of such funds shall be used during the fiscal years 1976 and 1977, including the period from July 1, 1976, through September 30, 1976, only for technical assistance’’. 1975—Pub. L. 94–161 earmarked not less than $20,000,000 for technical assistance during fiscal years 1976 and 1977, including period from July 1, 1976, through Sept. 30, 1976, and deleted similar provision making such minimum sum available for use during fiscal years 1974 and 1975. Statutory Notes and Related Subsidiaries 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 OF 1977 AMENDMENT Pub. L. 95–88, title I, § 107(b), Aug. 3, 1977, 91 Stat. 536, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1977.’’