H.R. 9005 (94th): International Development and Food Assistance Act

94th Congress, 1975–1976. Text as of Dec 20, 1975 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 94-161—DEC. 20, 1975                                  89 STAT. 8 4 9

Public Law 94-161
94th Congress
                                 An Act
To authorize assistance for disaster relief and rehabilitation, to provide for     Dec. 20. 1975
  overseas distribution and production of agricultural commodities, to amend        [H.R. 9005]
  the Foreign Assistance Act of 1961, and for other purposes.

  Be it enacted hy the Senate and House of Representatives       of the
United States of America in Congress assembled^ T h a t this Act m a y            International
be cited as t h e "International Development a n d Food Assistance A c t          Development and
                                                                                  Food Assistance
of 1975".                                                                         Act of 1975.
                                                                                  22 u s e 2151
  TITLE I—INTERNATIONAL DISASTER                          ASSISTANCE              note.

                  IXTERNATIOXAL DISASTER ASSISTANCE

  SEC. 101. T h e Foreign Assistance A c t of 1961 is amended—
       (1) by amending t h e chapter heading for chapter 9 of p a r t I 22 u s e 2292.
    t o read " C H A P T E R 9—INTERNATIONAL DISASTER ASSISTANCE";
       (2) by repealing section 4 9 1 ;                                           Repeal.
       (3) by inserting immediately after the chapter heading for                 22 u s e 2292.
     such chapter 9 the following new sections:
  " S E C . 491. POLICY AND GENERAL A U T H O R I T Y . — ( a ) T h e Congress,   22 u s e 2292.
recognizing t h a t p r o m p t United States assistance to alleviate h u m a n
suffering caused by natural and manmade disasters is an important
expression of the humanitarian concern and tradition of the people of
the United States, affirms the Avillingness of the United States to pro-
vide assistance for the relief and rehabilitation of people and countries
affected by such disasters.
    " ( b ) Subject to the limitation on appropriations in section 492, a n d     Infra.
notwithstanding any other provision of this or any other Act, t h e
President is authorized to furnish assistance t o any foreign country
or international organization on such terms and conditions as he m a y
determine, for international disaster relief a n d rehabilitation, includ-
ing assistance relating t o disaster preparedness, and to t h e prediction
of, a n d contingency planning for, natural disasters abroad.
     " (c) I n carrying out the provisions of this section the President shall
insure t h a t t h e assistance provided by t h e United States shall, t o the
greatest extent possible, reach those most in need of relief and rehabili-
tation as a result of n a t u r a l and manmade disasters.
    " S E C . 492. AUTHORIZATION.—There is authorized t o be appropriated         22 u s e 2292a.
to t h e President to carry out section 491, $25,000,000 for each of t h e
fiscal years 1976 and 1977, Amounts appropriated under this section
are authorized to remain available until expended. T h e President shall          Reports to Senate
submit quarterly reports t o the Committee on Foreign Relations of                committee and
the Senate and to t h e Speaker of the House of Representatives on t h e          Speaker of the
p r o g r a m i n g and obligation of funds under this section.                   House.
  " S E C . 493. DISASTER ASSISTANCE—COORDINATION.—The P r e s i d e n t is       Special
authorized to appoint a Special Coordinator for International Dis-                eoordinator for
aster Assistance whose responsibility shall be t o promote maximum                International
                                                                                  Disaster
effectiveness and coordination in responses t o foreign disasters by
                                                                                  Assistance.
United States agencies and between t h e United States a n d other                Presidential
donors. Included among the Special Coordinator's responsibilities                 appointment.
                                                                                  22 u s e 2292b.

89 STAT. 850 PUBLIC LAW 94-161—DEC. 20, 1975 shall be the formulation and updating of contingency plans for pro- viding disaster relief."; 22 u s e 2292c. (4) by redesignating section 452 as section 494 and inserting it immediately after section 493; 22 u s e 2292d, (5) by redesignating sections 639A and 639B as sections 494A 2292e. and 494B, respectively, and inserting them immediately after section 494; Repeal. (6) by repealing section 639; 22 u s e 2399. (7) in section 494B, as redesignated by paragraph (5) of this 22 u s e 2292e. section— (A) by striking out "SAHEL" in the section caption, (B) by inserting " ( a ) " immediately after the section caption, (C) by striking out "supports" and inserting in lieu thereof "reaffirms its support of", and (D) by adding the following new subsections at the end thereof: Sahel and "(b) The President is authorized to develop a long-term compre- drought-stricken hensive development program for the Sahel and other drought- African nations, stricken nations in Africa. comprehensive "(c) In developing this long-term program, the President shall— development plan. "(1) consider international coordination for the planning and implementation of such program; "(2) seek greater participation and support by African coun- tries and organizations in determining development priorities f and "(3) begin such planning immediately. Appropriation "(d) There is authorized to be appropriated to the President, to authorization. carry out the purposes of this section, in addition to funds otherwise available for such purposes, $5,000,000 for the fiscal year 1976, which eomprehensive amount is authorized to remain available until expended. The Presi- proposal, dent shall submit to the Foreign Relations and Appro^iriations submittal to Committees of the Senate and the International Relations and Appro- congressional priations Committees of the House of Representatives not later committees. than April 30, 1976, a comprehensive proposal for carrying out the provisions of this section which shall include budget materials relating to programs for the fiscal year 1977."; and (8) by adding the following new section immediately after new section 494B: 22 u s e 2292f. "SEC. 495. CYPRUS RELIEF AND REHABILITATION.—The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of refugees and other needy people in Cyprus. There is authorized to be appropriated for the purposes of this section, in addition to amounts otherwise avail- able for such purposes, $30,000,000. Such amount is authorized to remain available until expended. Assistance under this section shall be provided in accordance with the policy and general authority con- Ante, p. 849. tained in section 491.". T I T L E II—FOOD AID TO POOR COUNTRIES POLICY SEC. 201. Section 2 of the Agricultural Trade Development and 7 use 1691. Assistance Act of 1954 is amended by adding at the end thereof the following:
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 851 "In furnishing food aid under this Act, the President shall— "(1) give priority consideration, in helping to meet urgent food needs abroad, to making available the maximum feasible volume of food commodities (with appropriate regard to domes- tic price and supply situations) required by those countries most seriously affected by food shortages and by inabilitj^ to meet immediate food requirements on a normal commercial basis; "(2) continue to urge all traditional and potential new donors of food, fertilizer, or the means of financing these commodities to increase their participation in efforts to address the emergency and longer term food needs of the developing world; "(3) relate United States assistance to eft'orts by aid-receiving countries to increase their own agricultural production, with emphasis on development of small, family farm agriculture, and improve their facilities for transportation, storage, and distri- bution of food commodities; "(4) give special consideration to the potential for expanding markets for America's agricultural abundance abroad in the allo- cation of commodities or concessional financing; and "(5) give appropriate recognition to and support of a strong and viable American farm economy in providing for the food security of consumers in the United States and throughout the world.". WORLD FOOD COXFERENCE TARGET SEC. 202. The Agricultural Trade Development and Assistance Act of 1954 is amended by inserting immediately after section 2 the fol- lowing new section: "SEC. 3. Pursuant to the World Food Conference recommendation 7 USC 1691a. that donor countries provide a total of at least ten million tons of food assistance to needy nations annually, the President is urged to maintain a significant United States contribution to this goal and to encourage other countries to maintain and increase their contribu- tions as well.". EXERCISE o r AUTHORITIES SEC. 203. Section 103 of the Agricultural Trade Development and Assistance Act of 1954 is amended— ^ USC 1703. (1) by amending subsection (a) to read as follows: "(a) take into account efforts of friendly countries to help themselves toward a greater decree of self-reliance, including efforts to increase their own agricultural production, especially through small, family farm agriculture, to improve their facili- ties for transportation, storage, and distribution of food com- modities, and to reduce their rate of population growth;"; (2) in subsection (b), by inserting "and in section 106(b) (2)" immediately after "section 104"; and (3) in subsection (d), by striking out the second proviso and Waiver, inserting in lieu thereof '•'•Provided, That this exclusion from the definition of 'friendly country' ma^ be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress within 10 days of the date of such determination,".
89 STAT. 852 PUBLIC LAW 94-161—DEC. 20, 1975 rOREIGN CUKRENCIES FROM OVERSEAS SALES SEC. 204. Section 104 of the Agricultural Trade Development and 7 use 1704. Assistance Act of 1954 is amended— (1) by inserting immediately after "the House Committee on Agriculture" each time it appears "and the House Committee on International Eelations"; (2) by inserting immediately after "the Senate Committee on Agriculture and Forestry" each time it appears "and the Senate Committee on Foreign Relations"; and Repeal. (3) by repealing subsection (c). USE B T FOREIGN" COUNTRIES OE PROCEEDS OF SALES OF AGRICULTURAL COMMODITIES SEC. 205. Section 106(b) of the Agricultural Trade Development 7 use 1706. and Assistance Act of 1954 is amended— (1) by inserting " (1)" immediately after " ( b ) " ; (2) by adding at the end thereof: "In negotiating such agree- ments with recipient countries, the United States shall emphasize the use of such proceeds for purposes which directly improve the lives of the poorest of their people and their capacity to partici- pate in the development of their countries."; and (3) by adding at the end thereof the following new para- graphs : "(2) Greatest emphasis shall be placed on the use of such proceeds to carry out programs of agricultural development, rural develop- ment, nutrition, and population planning, and to carry out the pro- 7 use 1736. gram described in section 406(a) (1) of this Act, in those countries which are undertaking self-help measures to increase agricultural production, improve storage, transportation, and distribution of com- modities, and reduce population growth in accordance with section 7 use 1709. 109 of this Act, and which programs are directed at and likely to achieve the policy objectives of sections 103 and 104 of the Foreign 22 use 2151a, Assistance Act of 1961 and are consistent with the policy objectives 2151b. of this Act, pursuant to agreements betw^een the United States and foreign governments under which uses of such proceeds shall be made for such purposes. Such uses shall be deemed payments for the pur- 7 use 1703. pose of section 103(b) of this Act, except that for any fiscal year the total value of such payments may not exceed 15 per centum of the total value of all agreements entered into under title I of this Act for such fiscal year. Such payments shall be described in the 7 use 1736b. reports required by section 408 of this Act and section 657 of the For- 22 use 2417. eign Assistance Act of 1961. "(3) In entering into agreements for the sale of agricultural com- modities for dollars on credit terms under this title, priority shall be given to countries which agree to use the proceeds from the sale of the commodities in accordance with the country's agricultural development plan which— "(A) is designed to increase the access of the poor in the recipient country to an adequate, nutritious, and stable food supply; _ ^ "(B) provides for such objectives as— "(i) making farm production equipment and facilities available to farmers, "(ii) credit on reasonable terms and conditions for small farmers, and
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 853 "(iii) farm extension and technical information services designed to improve the marketing, storage, transportation, and distribution system for agricultural commodities and to develop the physical and institutional infrastructure support- ing the small farmer; "(C) provides for participation by the poor, insofai- as pos- sible, in the foregoing at the regional and local levels; ai)cl "(D) is designed to reach the largest practicable number of farmers in the recipient country.". SALES AGREEMENTS W I T H DEVELOPING COUNTRIES SEC. 206. Section 109(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof: "In 7 USC 1709. taking these self-help measures into consideration the President shall take into particular account the extent to which they are being car- ried out in ways designed to contribute directly to development prog- ress in poor rural areas and to enable the poor to participate actively in increasing agricultural production through small farm agriculture.". ASSISTANCE TO MOST SERIOUSLY AFFECTED COUNTRIES SEC. 207. Title I of the Agricultural Trade Development and Assist- ance Act of 1954 is amended by adding at the end thereof the following new section: "SEC. 111. Not more than 25 per centum of the food aid commodities 7 USC 1711. provided under this title in each fiscal year shall be allocated and agreed to be delivered to countries other than those with an annual per capita gross national product of $300 or less and affected by inability to secure sufficient food for their immediate requirements through their own production or commercial purchase from abroad, unless the President certifies to the Congress that the use of such food assistance is required for humanitarian food purposes and neither House of Congress disapproves such use, by resolution, within thirty calendar days after such certification. In determining per capita gross national product for the purposes of this section, the President is authorized and directed to make use of data developed by the AVorld Bank for its most recent annual report and relied upon by the Secre- tary of the Treasury. A reduction below 75 per centum in the propor- tion of food aid allocated and agreed to be delivered to countries with a per capita gross national product of $300 or less and affected by inability to secure sufiicient food for their immediate requirements through their own production or commercial purchase from abroad which results from significantly changed circumstances occurring after the initial allocation shall not constitute a violation of the require- ments of this section. Any reallocation of food aid shall be in accord- ance with this section so far as practicable. The President shall report Report to promptly any such reduction, and the reasons therefor, to the Congress. Congress.". C O N T I N U I T Y o r DISTRIBUTION UNDER TITLE I I SEC. 208. Section 201 of the Agricultural Trade Development and Assistance Act of 1954 is amended— 7 USC 1721. (1) by inserting " ( a ) " immediately after "SEC. 201." ; and (2) by adding at the end thereof the following new subsection: "(b) The minimum quantity of agricultural commodities distributed 57-194 O - 77 - 58
89 STAT. 854 PUBLIC LAW 94-161—DEC. 20, 1975 under this title shall be 1,300,000 tons of which the minimum dis- tributed through nonprofit voluntary agencies and the World Food Program shall be one million tons in each fiscal year, unless the Presi- dent determines and reports to the Congress, together with his reasons, that such quantity cannot be used effectively to carry out the purposes of this title: Provided^ That such minimum quantity shall not exceed the total quantity of commodities determined to be available for dis- 7 use 1731. position under this Act pursuant to section 401, less the quantity of commodities required to meet famine or other urgent or extraordinary relief requirements.". LIMITATION OlSr U S E OP FOREIGN" CUKKEIirCIES SEC. 209. Title I I of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof the following new section: 7 use 1726. "SEC. 206. Except to meet famine or other urgent or extraordinary relief requirements, no assistance under this title shall be provided under an agreement permitting generation of foreign currency pro- ceeds unless (1) the country receiving the assistance is undertaking 7 use 1709. self-help measures in accordance with section 109 of this Act, (2) the specific uses to which the foreign currencies are to be put are set forth in a written agreement between the United States and the recipient country, and (3) such agreement provides that the curren- cies will be used for purposes specified in section 103 of the Foreign 22 use 2151a. Assistance Act of 1961. The President shall include information on currencies used in accordance with this section in the reports required 7 use 1736b. under section 408 of this Act and section 657 of the Foreign Assistance 22 use 2417. Act of 1961.". ADVISORY COMMITTEE SEC. 210. Section 407 of the Agricultural Trade Development and 7 use 1736a. Assistance Act of 1954 is amended by inserting immediately before the period at the end of the first sentence ", or their designees (who shall be members of such committees or, in the case of members from the executive branch, who shall have been confirmed by the Senate)". REPORTS TO T H E CONGRESS SEC. 211. Section 408 of the Agricultural Trade Development and 7 use 1736b. Assistance Act of 1954 is amended— (1) by inserting " ( a ) " immediately after "SEC. 408."; (2) by striking out "calendar" in the first sentence and insert- ing in lieu thereof "fiscal"; and (3) bv adding the following new subsections: "Cb) In his presentation to the Congress of planned programing of food assistance for each fiscal year, the President shall include a global assessment of food production and needs, self-help steps which are being taken by food-short countries under section 109(a) of this 7 use 1709. Act, steps which are being taken to encourage other countries to increase their participation in food assistance or the financing of food assistance, and the relationship between food assistance provided to each country under this Act and other foreign assistance provided to such country by the United States and other donors. Report to "(c) Not later than November 1 of each calendar year the President congressional shall submit to the House Committee on Agriculture, the House Com- committees. mittee on International Kelations, the Senate Committee on Agricul- ture and Forestry, and the Senate Committee on Foreign Relations a
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 855 revised global assessment of food production and needs, and revised planned programming of food assistance for the current fiscal year, to reflect, to the maximum extent feasible, the actual availability of commodities for food assistance.". INTERNATIONAL FOOD RESERVE SYSTEM SEC. 212. The Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof the following new section: "SEC. 412, The President is authorized and encouraged to seek inter- 7 USC 1736f. national agreement, subject to congressional approval, for a system of food reserves to meet food shortage emergencies and to provide insur- ance against unexpected shortfalls in food production, with costs of such a system to be equitably shared among nations and with farmers and consumers to be given firm safeguards against market price disruption from such a system.". REPORT REGARDING IMPLEMENTATION OF RECOMMENDATIONS OF WORLD FOOD CONFERENCE SEC. 213. The Congress calls upon the President to strengthen the 7 USC 1691a efforts of the United States to carry out the recommendations of the °°*®- World Food Conference. The President shall submit a detailed report Report to to the Congress not later than November 1, 1976, with respect to the Congress, steps he has taken to carry out the recommendations of the World Food Conference, including steps to fulfill the commitment of the United States and to encourage other nations to increase their partici- pation in efforts to improve the food security of the poorest portion of the world's population. A M E N D M E N T TO FARMER-TO-FARMER PROGRAM SEC. 214. Section 406 of the Agricultural Trade Development and Assistance Act of 1954 is amended— ^ ^^^ ^'^^'^• (1) by striking out "the Secretary of Agriculture" in subsection (a) and inserting in lieu thereof "the President"; (2) by striking in paragraph (1) of subsection (a) "through existing agencies of the Department of Agriculture"; (3) by amending paragraph (5) of subsection (a) to read as follows: "(5) to coordinate the program authorized in this section with other foreign assistance activities of the United States;". TITLE III—DEVELOPMENT ASSISTANCE POLICY SEC. 301. Section 102 of the Foreign Assistance Act of 1961 is 22 USC 2151. amended by adding at the end thereof the following new subsections: "(c) Assistance under this chapter should be used not simply for the purpose of transferring financial resources to developing countries, but to help countries solve development problems in accordance with a strategy that aims to increase substantially the participation of the poor. Accordingly, greatest emphasis shall be placed on countries and activities which effectively involve the poor in development, by expanding their access to the economy through services and institutions at the local level, increasing labor-intensive production, spreading pro-
89 STAT. 856 PUBLIC LAW 94-161—DEC. 20, 1975 ductive investment and services out from major cities to small towns and outlying rural areas, and otherwise providing opportunities for the poor to better their lives through their own effort. "(d) For the purpose of assuring that development assistance fur- nished under this chapter is increasingly concentrated in countries which will make effective use of such assistance to help the poor toward a better life (especially such countries which are suffering from the worst and most widespread poverty and are in greatest need of outside assistance), the President shall establish appropriate criteria to assess the commitment and progress of countries in meeting the objectives set forth in subsection (c) of this section and in other sections of this chapter. In establishing such criteria, the President shall specifically take into account their value in assessing the efforts of countries to— " (1) increase agricultural productivity per unit of land through small-farm labor-intensive agriculture; " (2) reduce infant mortality; " (3) control population growth ; "(4) promote greater equality of income distribution, includ- ing measures such as more progressive taxation and more equitable returns to small farmers; and "(5) reduce rates of unemployment and underemployment. The President shall endeavor to bring about the adoption of similar criteria by international development organizations in which the United States participates. Presentation materials submitted to the Congress with respect to assistance under this chapter, beginning with fiscal year 1977, shall contain detailed information concerning the steps being taken to implement this subsection.". FOOD AXD NUTKITIOX 22 u s e 2151a. SEC. 302. Section 103 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a), by inserting "$618,800,000 for the fiscal year 1976 and $745,000,000 for the fiscal year 1977," immediately after "1975,"; and (2) by adding at the end thereof the following new subsections: "(c) Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the produc- tivity and income of the rural poor, through such means as creation and strengthening of local institutions linked to the regional and national levels; organization of a system of financial institutions which provide both savings and credit services to the poor; stimulation of small, labor-intensive enterprises in rural towns; improvement of mar- keting facilities and systems; expansion of local or small-scale rural infrastructure and utilities such as farm-to-market roads, land improvement, energy, and storage facilities; establishment of more equitable and more secure land tenure arrangements; and creation and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, fertilizer, water, and improved seed, in ways which assure access to them by small farmers. Foreign "(d) Foreign currency proceeds from sales of commodities provided currencies, use. under the Agricultural Trade Development and Assistance Act of 7 u s e 1691 note. 1954 which are owned by foreign governments shall be used whenever practicable to carry out the provisions of this section. "(e) In order to carry out the purposes of this section, the President is authorized to participate in and provide, on such terms and condi- tions as he may determine, up to $200,000,000 to the International Fund
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 857 for Agricultural Development. There is authorized to be appropriated Appropriation to the President without fiscal year limitation $200,000,000 for such authorization. contribution. " ( f ) No funds may be obligated to carry out subse<;tion (e) unless— " (1) satisfactory agreement is reached on the Articles of Agree- ment for t h e International F u n d for Agricultural Development; " ( 2 ) such Articles of Agreement are reviewed and approved Articles of by t h e Senate Committee on Foreign Relations and the House Agreement, Committee on International Relations; review and approval by " ( 3 ) all donor commitments to the International F u n d for congressional Agricultural Development total at least $1,000,000,000 equivalent committees. in convertible currencies, except t h a t the United States contribu- tion shall be proportionally reduced if this combined goal is not met; and " ( 4 ) there is equitable burden sharing among the different categories of contributors. " ( g ) T h e President shall submit to the Congress full and complete Data, submittal to data concerning United States participation in, and oparation of, the Congress. International F u n d for Agricultural Development in t h e annual presentation materials on proposed economic assistance programs.". AGRICULTURAL RESEARCH SEC. 303. Chapter 1 of p a r t I of the Foreign Assistance Act of 1961 is amended by a d d i n g after section 103 t h e following new section: " S E C . 103A. AGRICULTLTRAL RESEARCH.—Agricultural research car- 22 u s e 2151a.l. ried out under this Act shall (1) take account of the special needs of small farmers in t h e determination of research priorities, (2) include research on the interrelationships among technology, institutions, and economic, social, and cultural factors affecting small-farm agriculture, and (3) make extensive use of field testing to a d a p t basic research to local conditions. Special emphasis shall be placed on disseminating research results to the farms on which they can be p u t to use, and especially on institutional and other arrangements needed to assure t h a t small farmers have effective access to both new and existing improved technology.". POPULATION PLANNING AND HEALTH SEC. 304. Section 101 of the Foreign Assistance Act of 19G1 is 22 use 2151b. amended— (1) by inserting " ( a ) " immediatelv before "In " : (2) by inserting "$243,100,000 for the fiscal year 1976 and $275,600,000 for the fiscal year 1977," immediately after "1975,"; (3) by adding at the end thereof the following new sentence: "Not less than 67 percent of the funds made available under this section for any fiscal year shall be used for population planning, either in separate programs or as an element of health pro- grams."; and (4) by adding at the end thereof the following new subsection: "(b) Assistance provided under this section shall be used primarily for extension of low-cost, integrated delivery systems to provide health and family planning services, especially to rural areas and to the poor- est economic sectors, using paramedical and auxiliary medical person- nel, clinics and health posts, commercial distribution systems, and other modes of community outreach; health programs which empha- size disease prevention, environmental sanitation, and health educa- tion ; and population planning programs which include education in
89 STAT. 858 PUBLIC LAW 94-161—DEC. 20, 1975 responsible parenthood and motivational programs, as well as deliv- ery of family planning services and which are coordinated with pro- grams aimed at reducing the infant mortality rate, providing better nutrition to pregnant women and infants, and raising the standard of living of the poor.". EDUCATION" AND H U M A K RESOUKCES DEVELOPMENT 22 u s e 2151c. SEC. 305. (a) Section 105 of the Foreign Assistance Act of 1961 is amended— (1) by inserting " ( a ) " immediately before " I n " ; (2) by inserting "$89,200,000 for the fiscal year 1976 and $101,800,000 for the fiscal year 1977," immediately after "1975,"; and (3) by a d d i n g at the end thereof the following new subsections: " ( b ) Assistance provided under this section shall be used primarily to expand and strengthen nonformal education methods, especially those designed to improve productive skills of rural families and t h e urban poor and to provide them with useful information; to increase the relevance of formal education systems to the needs of the poor, especially at the p r i m a r y level, through reform of curricula, teaching materials, and teaching methods, and improved teacher t r a i n i n g ; and to strengthen the management capabilities of institutions which enable the poor to participate in development. " ( c ) Of the amount authorized to be appropriated by subsection ( a ) , not less than $1,000,000 shall be available to support the southern African student p r o g r a m and the southern African t r a i n i n g program, for the purpose of providing educational assistance to Southern Africans.". TECHNICAL ASSISTANCE, ENERGY, RESEARCH, RECONSTRUCTION, AND SELECTED DEVELOPMENT PROBLEMS; INTERMEDIATE TECHNOLOGY Repeals. SEC. 306. The Foreign Assistance Act of 1961 is amended— 22 u s e 2151d, (1) by repealing sections 106, 107, and 241; and 2151e, 2201. (2) by inserting immediately after section 105 the following new sections: 22 u s e 2151d. " S E C . 106. T E C H N I C A L ASSISTANCE, E N E R G Y , RESEARCH, RECONSTRUC- TION, AND SELECTED DEVELOPMENT PROBLEMS.— (a) T h e P r e s i d e n t is authorized to furnish assistance, on such terms and conditions as he m a y determine, for the following activities, to the extent t h a t such Ante, p. 856. activities are not authorized by sections 103, 104, and 105 of this A c t : Supra. " ( 1 ) programs of technical cooperation and development, par- ticularly the development efforts of United States private and voluntary agencies and regional and international development organizations; " ( 2 ) programs to help developing countries alleviate their energy problems by increasing their production and conservation of energy, through such means as research and development of suitable energy sources and conservation methods, collection and analysis of information concerning countries' potential supplies of and needs for energy, and pilot projects to test new methods of production or conservation of energy; " ( 3 ) programs of research into, and evaluation of, the process of economic development in less developed countries and areas, into the factors affecting the relative success and costs of develop- ment activities, and into the means, techniques, and such other
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 859 aspects of development assistance as the President may determine in order to render such assistance of increasing value and benefit; " (4) programs of reconstruction following natural or manmade disasters; "(5) programs designed to help solve special development problems in the poorest countries and to make possible proper utilization of infrastructure and related projects funded with earlier United States assistance; and " (6) programs of urban development, with particiular emphasis on small, labor intensive enterprises, marketing systems for small producers, and financial and other institutions which enable the urban poor to participate in the economic and social develop- ment of their country. "(b) There is authorized to be appropriated to the President for Appropriation the purposes of this section, in addition to funds otherwise available authorization. for such purposes, $99,550,000 for the fiscal year 1976 and $104,500,000 for the fiscal year 1977, which amounts are authorized to remain available until expended. Of the amounts made available under this section, not less than $30,000,000 shall be available during the period beginning July 1, 1975, and ending September 30. 1977, only for reimbursement to private voluntary agencies of the United States for costs incurred with respect to the shipment of food and nonfood commodities provided through private donations. "SEC. 107. I^TTERMEDiATE TECHNOLOGY.—Of the funds made avail- 22 u s e 2151e. able to carry out this chapter for the fiscal years 1976,1977, and 1978, a total of $20,000,000 may be used for activities in the field of inter- mediate technology, through grants in support of an expanded and coordinated private effort to promote the development and dissemina- tion of technologies appropriate for developing countries. The Agency Proposal. for International Development shall prepare a detailed proposal to Information to carry out this section and shall keep the Senate Foreign Relations congressional Committee and the House International Relations Committee fully committees. and currently informed concerning the development of the proposal. The proposal shall be transmitted to these committees no later than Transmitted to March 31,1976, and shall not be implemented until thirty days after its congressional transmittal or until passage by each committee of a resolution in committees. eflfect approving its implementation.". COST-SHARING SEC. 307. Section 110(a) of the Foreign Assistance Act of 1961 Waiver. is amended by inserting immediately before the period at the end 22 use 2151h. thereof the following: "and except that the President may waive this cost-sharing requirement in the case of a project or activity in a country which the agency primarily responsible for administering part I of this Act determines is relatively least developed based on the United Nations Conference on Trade and Development list of 'relatively least developed countries' ". DEVELOPMENT AND USE OF COOPERATIVES SEC. 308. Section 111 of the Foreign Assistance Act of 1961 is 22 USC 21511. amended to read as follows: "SEC. 111. DEVELOPMENT AND USE or COOPERATIVES.—In order to strengthen the participation of the niral and urban poor in their country's development, hisrh priority shall be given to increasing the use of funds made available under this Act for assistance in the development of cooperatives in the less developed countries which will
89 STAT. 860 PUBLIC LAW 94-161—DEC. 20, 1975 enable and encoura^^e greater numbers of the poor to help themselves toward a better life. Not less than $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 to carry out the purposes of this section.". INTEGRATING WOMKN INTO NATIONAL ECONOMIES 22 use 2151k. SEC. 309. Section 113 of the Foreign Assistance Act of 1961 is amended by striking out "Sections 103 through 107" and inserting in lieu thereof ''Part I". H U M A N RIGHTS AND DEVELOPMENT ASSISTANCE SEC. 310. Part I of the Foreign Assistance Act of 1961 is amended by inserting immediately after section 115 the following new section: 22 u s e 2151n. "SEC. 116. HUMAN RIGHTS.— (a) No assistance may be provided under this part to the government of any country which engages in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country. Justification for " (b) In determining whether this standard is being met with regard assistance, to funds allocated imder this part, the Committee on Foreig-n Rela- submittal to tions of the Senate or the Committee on International Relations of the Congress. House of Representatives may require the Administrator primarily responsible for administering part I of this Act to submit in writing information demonstrating that such assistance will directly benefit the needy people in such countr\^ together with a detailed explana- tion of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of hoAV such assistance will directly benefit the needy people in such country. If either committee or either House of Congress disagrees with the Administrator's justi- fication it may initiate action to terminate assistance to any country 22 use 2367. by a concurrent resolution under section 617 of this Act. "(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to the extent of cooperation of such governn\ent in permitting an unimpeded investi- gation of alleged violations of internationally recoonized human rights by appropriate international organizations, including the Tnter- nationai Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States. Report to "(d) The President shall transmit to the Speaker of the House of Speaker of the Representatives and the Committee on Foreign Relations of the Sen- House and Senate ate, in the annual presentation materials on proposed economic devel- committee. opment assistance programs, a full and complete report regarding the steps he has taken to carry out the provisions of this section.". DEVELOPMENT ASSISTANCE SEC. 311. Chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— 22 use 2169. (1) by amending section 209(c) to read as follows: "(c) It is the sense of the Congress that the President should increase, to the extent practicable, the funds provided bv the United States to multilateral lending institutions and multilateral organiza-
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT, 861 tioiis in which the United States participates for use by such institu- tions and organizations in making loans to foreign countries."; (2) by amending section 214— 22 USC 2174. (A) in subsection (c), by inserting "and for each of the fiscal years 1976 and 1977, $25,000,000," immediately after "$19,000,000,"; and (B) in subsection (d), by inserting "and for each of the fiscal years 1976 and 1977, $7,000,000," immediately after "$6,500,000"; (3) in section 221, by striking out "$355,000,000" and inserting 22 USC 2181. in lieu thereof "$430,000,000"; (4) in section 222(c), by striking out "$550,000,000" and insert- 22 USC 2182. ing in lieu thereof "$600,000,000"; and (5) in section 223— 22 USC 2183. (A) by striking out "June 30, 1976" in subsection (i) and inserting in lieu thereof "September 30, 1978"; and (B) by adding at the end thereof the following new sub- Housing section: guaranties. "(j) Guaranties shall be issued under sections 221 and 222 only for housing projects which (1) except for regional projects, are in coun- tries which are receiving, or which in the previous two fiscal years have received, development assistance under chapter 1 of part I of this Act, (2) are coordinated with and complementary to such assist- 22 USC 2151. ance, and (3) are specifically designed to demonstrate the feasibility and suitability of particular kinds of housing or of financial or other institutional arrangements. Of the aggregate face value of housing guaranties hereafter issued under this title, not less than 90 per centum shall be issued for housing suitable for families Avith income below the median income (below the median urban income for housing in urban areas) in the country in which the housing is located. The face value of guaranties issued with respect to housing in any country shall not exceed $25,000,000 in any fiscal year, and the average face value of guaranties issued in any fiscal year shall not exceed $15,000,000. Notwithstanding the provisions of the first sentence of this subsection, the President is authorized to issue housing guaranties until Septem- ber 30, 1977, as follows: In Israel, not exceeding a face amount of Israel and $50,000,000. and in Portugal, not exceeding a face amount of Portugal. $20,000,000.". FAMINE PREVENTION SEC. 312. Chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new title: "TITLE XII—FAMINE PREVENTION AND FREEDOM FROM HUNGER "SEC. 296. GENERAL PROVISIONS.—(a) The Congress declares that, 22 USC 2220a. in order to prevent famine and establish freedom from hunger, the United States should strengthen the capacities of the United States land-grant and other eligible universities in program-related agri- cultural institutional development and research, consistent with sec- tions 103 and 103A, should improve their participation in the United 22 USC 2151a. States Government's international efforts to apply more effective agri- Ante, p. 857. cultural sciences to the goal of increasing world food production, and in general should proAnde increased and longer term support to the application of science to solving food and nutrition problems of the developing countries.
89 STAT. 862 PUBLIC LAW 94-161—DEC. 20, 1975 Land-grant "The Congress so declares because it finds— universities. " (1) that the establishment, endowment, and continuing support of land-grant universities in the United States by Federal, State, and county governments has led to agricultural progress in this country; "(2) that land-grant and other universities in the United States have demonstrated over many years their ability to coop- erate with foreign agricultural institutions in expanding indig- enous food production for both domestic and international markets; "(3) that, in a world of growing population with rising expec- tations, increased food production and improved distribution, storage, and marketing in the developing countries is necessary not only to prevent hunger but to build the economic base for growth, and moreover, that the greatest potential for increasing world food supplies is in the developing countries where the gap between food need and food supply is the greatest and cur- rent yields are lowest; "(4) that increasing and making more secure the supply of food is of greatest benefit to the poorest majority in the develop- ing world; " (5) that research, teaching, and extension activities, and appro- priate institutional development therefor are prime factors in increasing agricultural production abroad (as well as in the United States) and in improving food distribution, storage, and marketing ; "(6) moreover, that agricultural research abroad has in the past and will continue in the future to provide benefits for agri- culture in the United States and that increasing the availability of food of higher nutritional quality is of benefit to all; and "(7) that universities need a dependable source of Federal funding, as well as other financing, in order to expand, or in some cases to continue, their efforts to assist in increasing agricultural production in developing countries. "(b) Accordingly, the Congress declares that, in order to prevent famine and establish freedom from hunger, various components must be brought together in order to increase world food production, including— "(1) strengthening the capabilities of universities to assist in increasing agricultural production in developing countries; "(2) institution-building programs for development of national and regional agricultural research and extension capaci- ties in developing countries which need assistance ; "(3) international agricultural research centers; " (4) contract research; and "(5) research program grants. "(c) The United States should— " (1) effectively involve the United States land-grant and other elififible universities more extensively in each component; "(2) provide mechanisms for the universities to participate and advise in the planning, development, implementation, and administration of each component; and "(3) assist such universities in cooperative joint efforts with— "(A) agricultural institutions in developing nations, and "(B) regional and international agricultural research centers.
PUBLIC LAW 94-161—DEC. 2 0 , 1975 89 STAT. 8 6 3 directed to strengthening their joint a n d respective capabilities and to engage them more effectively in research, teaching, and extension activities for solving problems in food production, dis- tribution, storage, marketing, a n d consumption in agriculturally underdeveloped nations. " ( d ) A s used in this title, t h e term 'universities' means those col- 'Universities leges or universities in each State, territory, or possession of the United States, or t h e District of Columbia, now receiving, or which m a y hereafter receive, benefits under t h e A c t of J u l y 2, 1862 (known as the F i r s t Morrill A c t ) , or t h e A c t of August 30, 1890 (known as 7 u s e 301. the Second Morrill A c t ) , which are commonly known as 'land-grant' 7 u s e 321. universities; institutions now designated or which m a y hereafter be designated as sea-grant colleges under t h e A c t of October 15, 1966 (known as t h e National Sea G r a n t College a n d P r o g r a m A c t ) , which 33 u s e 1121 are commonly known as sea-grant colleges; a n d other United States note. colleges and universities which— " ( 1 ) have demonstrable capacity in teaching, research, a n d extension activities i n t h e agricultural sciences; a n d " ( 2 ) can contribute effectively to t h e attainment of t h e objectives of this title. " ( e ) A s used i n this title, t h e term 'Administrator' means t h e Definitions Administrator of the Agency for International Development. " ( f ) A s used in this title, the term 'agriculture' shall be considered to include aquaculture and fisheries. " ( g ) A s used in this title, t h e term 'farmers' shall be considered t o include fishermen and other persons employed in cultivating and har- vesting food resources from salt and fresh waters. " S E C . 297. GENERAL A U T H O R I T Y . — ( a ) T o c a r r y out the purposes of 22 u s e 2220b. this title, the President is authorized to provide assistance on such terms and conditions as he shall determine— " ( 1 ) to strengthen the capabilities of universities in teachijig, research, and extension w^ork to enable them to implement current programs authorized by p a r a g r a p h s ( 2 ) , ( 3 ) , ( 4 ) , and (5) of this subsection, a n d those proposed in the report required by section 300 of this t i t l e ; " ( 2 ) t o build a n d strengthen t h e institutional capacity a n d human resource skills of agriculturally developing countries so t h a t these countries m a y participate more fully in t h e interna- tional agricultural problem-solving effort a n d t o introduce a n d a d a p t new solutions to local circumstances; " ( 3 ) to provide p r o g r a m support for long-term collaborative university research on food production, distribution, storage, mar- keting, and consumption; " ( 4 ) t o involve universities more fully in the international net- work of agricultural science, including t h e international research centers, the activities of international organizations such as t h e United Nations Development P r o g r a m a n d t h e Food a n d A g r i - culture Organization, a n d t h e institutions of agriculturally developing nations; a n d " (5) t o provide program support for international agricultural research centers, t o provide support for research projects identi- fied for specific problem-solving needs, a n d t o develop a n d strengthen national research systems in the developing countries. " ( b ) P r o g r a m s under this title shall be carried o u t so as to— " ( 1 ) utilize a n d strengthen the capabilities of universities in— " ( A ) developing capacity i n t h e cooperating nation for classroom teaching i n agriculture, plant and animal sciences,
89 STAT. 864 PUBLIC LAW 94-161—DEC. 20, 1975 human nutrition, and vocational and domestic arts and other relevant fields appropriate to local needs; "(B) agricultural research to be conducted in the cooperat- ing nations, at international agricultural research centers, or in the United States; "(C) the planning, initiation, and development of exten- sion services through which information concerning agricul- ture and related subjects will be made available directly to farmers and farm families in the agriculturally developing nations by means of education and demonstration; or "(D) the exchange of educators, scientists, and students for the purpose of assisting in successful development in the cooperating nations; " (2) take into account the value to United States agriculture of such programs, integrating to the extent practicable the programs and financing authorized under this title with those supported by other Federal or State resources so as to maximize the contribu- tion to the development of agriculture in the United States and in agriculturally develop)ing nations; and "(3) whenever practicable, build on existing programs and institutions including those of the universities and the United States Department of Agriculture and the United States Depart- ment of Commerce. "(c) To the maximum extent practicable, activities under this sec- tion shall (1) be designed to achieve the most effective interrelation- ship among the teaching of agricultural sciences, research, and extension work, (2) focus primarily on the needs of agricultural pro- ducers, (3) be adapted to local circumstances, and (4) be carried out within the developing countries. "(d) The President shall exercise his authority under this section through the Administrator. Establishment. "SEC. 298. BOARD FOR IXTERXATIONAL FOOD AND AGRICULTURAL 22 u s e 2220c. DEVELOPIMF.NT.—(a) To assist in the administration of the programs Membership. authorized by this title, the President shall establish a permanent Board for International Food and Agricultural Development (here- after in this title referred to as the 'Board') consisting of seven mem- bers, not less than four to be selected from the universities. Terms of Term. members shall be set by the President at the time of appointment. Expenses. Members of the Board shall be entitled to such reimbursement for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business) as the President deems appropriate. "(b) The Board's general areas of responsibility shall include, but not be limited to— "(1) participating in the planning, development, and imple- mentation of, " (2) initiating recommendations for, and "(3) monitoring of, the activities described in section 297 of this title. " (c) The Board's duties shall include, but not necessarilv be limited to— "(1) participating in the formulation of basic policy, proce- dures, and criteria for project proposal review, selection, and monitoring; " (2) developing and keeping current a roster of universities— "(A) interested in exploring their potential for collabora- tive relationships with agricultural institutions, and with
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 865 scientists working on signiificant programs designed to increase food production in developing countries, "(B) having capacity in the agricultural sciences, "(C) able to maintain an appropriate balance of teaching, research, and extension functions, "(D) having capacity, experience, and commitment with respect to international agricultural efforts, and " ( E ) able to contribute to solving the problems addressed by this title; "(3) recommending which developing nations could benefit from programs carried out under this title, and identifying those nations which have an interest in establishing or developing agri- cultural institutions which engage in teaching, research, or exten- sion activities; " (4) reviewing and evaluating memorandums of understanding or other documents that detail the terms and conditions between the Administrator and universities participating in programs under this title; "(5) reviewing and evaluating agreements and activities authorized by this title and undertaken by universities to assure compliance with the purposes of this title; "(6) recommending to the Administrator the apportionment of funds under section 297 of this title; and "(7) assessing the impact of programs carried out under this title in solving agricultural problems in the developing nations. "(d) The President may authorize the Board to create such subordi- nate units as may be necessary for the performance of its duties, including but not limited to the following: "(1) a Joint Eesearch Committee to participate in the adminis- tration and development of the collaborative activities described in section 297(a)(3) of this title; and "(2) a Joint Committee on Country Programs which shall assist in the implementation of the bilateral activities described in sec- tions 297(a)(2),297(a) (4), and 297(a)(5). "(e) In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by section 300 of this title and on other agricul- tural development activities related to programs under this title. "SEC. 299. AUTHORIZATION".—(a) The President is authorized to use 22 u s e 2220d. any of the funds hereafter made available under section 103 of this Act to carry out the purposes of this title. Funds made available for 22 u s e 2151a. such purposes may be used without regard to the provisions of sec- tions 110(b), 211 (a), and 211 (d) of this Act. 22 u s e 2151h, "(b) Foreign currencies owned by the United States and deter- 2171. mined by the Secretary of the Treasury to be excess to the needs of Foreign the United States shall be used to the maximum extent possible in currencies, use. lieu of dollars in carrying out the provisions of this title. "(c) Assistance authorized under this title shall be in addition to any allotments or grants that may be made under other authoriza- tions. "(d) Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this title. All such funds, both prospective and inhand, shall be periodically dis- closed to the Administrator as he shall by regulation require, but no less often than in an annual report.
89 STAT. 866 PUBLIC LAW 94-161—DEC. 20, 1975 Presidential "SEC. 300. ANNUAL, KEPORT.—The President shall transmit to the report to Congress, not later than April 1 of each year, a report detailing the Congress. activities carried out pursuant to this title during the preceding fiscal 22 use 2220e. yg^j. g^^^ containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to section 298 of this title and may include the separate views of the Board with respect to any aspect of the programs conducted or pro- posed to be conducted under this title.". INTERNATIONAL ORGANIZATIONS AND PROGRAMS 22 use 2222. SEC. 313. (a) Section 302 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a), by (A) inserting immediately before the period ", and for the fiscal year 1976, $194,500,000 and for the fiscal year 1977, $219,900,000. Of such amounts, not to exceed $250,000 during the fiscal year 1976 shall be availabk> for con- tribution to the Namibia Institute", (B) inserting " ( 1 ) " immedi- ately after " ( a ) " and (C) adding at the end of the subsection the following new paragraph: "(2) The Congress reaffirms its support for the work of the Inter-American Commission on Human Rights. To permit such Commission to better fulfill its function of insuring observance and respect for human rights within this hemisphere, not less than $357,000 of the amount appropriated for fiscal year 1976 and $358,000 of the amount appropriated for fiscal year 1977, for con- tributions to the Organization of American States, shall be used only for budgetary support for the Inter-American Commission on Human Eights."; (2) in subsection (b)(1), by striking out "$51,220,000" and inserting in lieu thereof "$61,220,000": (3) in subsection (b) (2), by inserting "and for use beginning in the fiscal year 1976, $27,000,000," immediately after "fiscal year 1975, $14,500,000,"; and (4) in subsection (d) by striking out "1974 and 1975, $18,000,000" and inserting in lieu thereof "1976 and 1977, $20,000,000". 22 use 2225. (b) Section 54 of the Foreign Assistance Act of 1974 is amended by striking out "part I I I " and inserting in lieu thereof "part I". 22 use 2221. (c) Section 301 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(f) The President is hereby authorized to permit United States participation in the International Fertilizer Development Center and is authorized to use any of the funds made available under this part for the purpose of furnishing assistance to the Center on such terms and conditions as he may determine.". ASSISTANCE TO FORMER PORTUGUESE COLONIES I N AFRICA 22 use 2293. SEC. 314. Section 496 of the Foreign Assistance Act of 1961 is amended— (1) by inserting " ( a ) " immediately after the section caption: (2) by stiliking out "$5,000,000" and inserting in lieu thereof "$7,750,000" > (3) by striking out "$20,000,000" and inserting in lieu thereof "$17,250,000"; and
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 867 (4) by adding at the end thereof the following new subsections: Cape Verde "(b) Notwithstanding the provisions of section 620 (r) of this Act, Islands loan, the United States is authorized to forgive the liability incurred by the forgiveness of liability. Government of the Cape Verde Islands for the repayment of a 22 u s e 2370. $3,000,000 loan on June 30,1975. "(c) The President is authorized to use up to $30,000,000 of the funds made available under this part for the fiscal year 1976, in addition to funds otherwise available for such purposes, to provide development assistance in accordance with chapter 1 or relief and 22 u s e 2151 et rehabilitation assistance in accordance with chapter 9 (including seq. assistance through international or private voluntary organizations) 22 u s e 2292 et to countries and colonies in Africa which were, prior to April 25,1974, seq. colonies of Portugal.". rURNISHING o r SERVICES AND COMMODITIES SEC. 315. Section 607(a) of the Foreign Assistance Act is amended 22 USe 2357. by deleting the second full sentence, and inserting in lieu thereof the following: "Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances: "(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered. "(2) Advances or reimbursements received pursuant to agree- ments executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to section 2 ( b ) ( 1 ) ( B ) of the Export-Import Bank Act of 1945 (59 Stat. 526), and repayment of such principal and interest does not 12 USC 635 note, exceed a period of three years from the date of signing of the agreement to provide the service: Provided further, That funds available for this paragraph in any fiscal year shall not exceed $1,000,000 of the total funds authorized for use in such fiscal year by chapter 1 of part I of this Act, and shall be available only to the extent provided in appropriation Acts. Interest shall accrue as of the date of disbursement to the agency or organization providing such services.". SUPPORT o r REIMBURSABLE DEVELOPMENT PROGRAMS SEC. 316. Section 661 of the Foreign Assistance Act of 1961 is 22 USC 2421. amended by striking out "in each of the fiscal years 1975 and 1976" and inserting in lieu thereof "in the fiscal year 1975, $2,000,000 in the fiscal year 1976, and $2,000,000 in the fiscal year 1977,". T R A N S I T I O N PROVISIONS FOR I N T E R I M QUARTER SEC. 317. Part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 665. TRANSITION PROVISIONS FOR INTERIM QUARTER.—There are 22 USC 2425. authorized to be appropriated for the period July 1, 1976, through September 30, 1976, such amounts as may be necessary to conduct pro- grams and activities for which funding was authorized for fiscal year
89 STAT. 868 PUBLIC LAW 94-161—DEC. 20, 1975 1976 by the International Development and Food Assistance Act of 22 use 2151 1975, in accordance with the provisions applicable to such programs note. and activities for such fiscal year, except that the total amount appro- priated for such period shall not exceed one-fourth of the total amount authorized to be appropriated for the fiscal year 1976 for such pro- grams and activities,". DISCRIMINATION" AGAINST UNITED STATES PERSONNEL SEC. 318, Part I I I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: 22 use 2426. "SEC. 666. DISCRIMINATION AGAINST UNITED STATES PERSONNEL,— (a) The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this Act in any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and rel- evant experience. " (b) Effective six months after the date of enactment of the Inter- national Development and Food Assistance Act of 1975, or on such earlier date as the President may determine, none of the funds made available under this Act may be used to provide economic develop- ment assistance to any country which objects to the presence of any officer or employee of the United States who is present in such coun- try for the purpose of carrying out any program of economic develop- ment assistance authorized by the provisions of this Act on the basis of the race, religion, national origin, or sex of such officer or employee. Rules and "(c) The Secretary of State shall promulgate such rules and regula- regulations. tions as he may deem necessary to carry out the provisions of this section,". OPERATING E X P E N S E S SEC. 319. Part I I I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: 22 use 2427. "SEC. 667. OPERATING EXPENSES.—Nothing in this Act is intended to preclude the Committees on Appropriations, in appropriation leg- islation, from setting a ceiling on operating expenses of the agency 22 use 2151. primarily responsible for administering part I and limiting the avail- ability of other sums therefor.". LIMITATION ON ASSISTANCE TO CHILE SEC. 320. Notwithstanding any other provision of law, the total amount of economic assistance (including but not limited to housing guaranties and sales under title I of the Agricultural Trade Develop- 7 use 1701. ment and Assistance Act of 1954) that may be made available to Chile may not exceed $90,000,000 during the fiscal year 1976. SETTLEMENT OF DEBT OWED T H E U N I T E D STATES 22 use 2220a SEC. 321. No debt owed to the United States by any foreign country note. with respect to the payment of any loan made under any program funded under this Act may be settled in an amount less than the full amount of such debt unless the Congress by concurrent resolution approves of such settlement.
PUBLIC LAW 94-161—DEC. 20, 1975 89 STAT. 869 PARTICrPATION BY OTHER COUNTRIES I N PROVIDING ASSISTANCE TO ISRAEL OR EGYPT SEC. 322. I t is the sense of the Senate that the President should attempt to negotiate an equitable share of participation by the coun- tries of Western Europe, Japan, and the United Nations in providing assistance to Israel or Egypt. Approved December 20, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-442 (Comm. on International Relations) and No. 94-691 (Comm. of Conference). SENATE REPORTS: No. 94-406 (Comm. on Foreign Relations) and No. 94-434 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 121 (1975): Sept. 10, considered and passed House. Nov. 3-5, considered and passed Senate, amended. Dec. 4, Senate agreed to conference report. Dec. 9, House agreed to conference report.