Collapse to view only § 2151. Congressional findings and declaration of policy

§ 2151. Congressional findings and declaration of policy

(a) United States development cooperation policy

The Congress finds that fundamental political, economic, and technological changes have resulted in the interdependence of nations. The Congress declares that the individual liberties, economic prosperity, and security of the people of the United States are best sustained and enhanced in a community of nations which respect individual civil and economic rights and freedoms and which work together to use wisely the world’s limited resources in an open and equitable international economic system. Furthermore, the Congress reaffirms the traditional humanitarian ideals of the American people and renews its commitment to assist people in developing countries to eliminate hunger, poverty, illness, and ignorance.

Therefore, the Congress declares that a principal objective of the foreign policy of the United States is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives.

United States development cooperation policy should emphasize five principal goals:

(1) the alleviation of the worst physical manifestations of poverty among the world’s poor majority;

(2) the promotion of conditions enabling developing countries to achieve self-sustaining economic growth with equitable distribution of benefits;

(3) the encouragement of development processes in which individual civil and economic rights are respected and enhanced;

(4) the integration of the developing countries into an open and equitable international economic system; and

(5) the promotion of good governance through combating corruption and improving transparency and accountability.

The Congress declares that pursuit of these goals requires that development concerns be fully reflected in United States foreign policy and that United States development resources be effectively and efficiently utilized.

(b) Coordination of development-related activities

Under the policy guidance of the Secretary of State, the agency primarily responsible for administering subchapter I of this chapter should have the responsibility for coordinating all United States development-related activities.

(Pub. L. 87–195, pt. I, § 101, formerly § 102, Sept. 4, 1961, 75 Stat. 424; Pub. L. 87–565, pt. I, § 101, Aug. 1, 1962, 76 Stat. 255; Pub. L. 88–205, pt. I, § 101(c), Dec. 16, 1963, 77 Stat. 379; Pub. L. 89–171, pt. I, § 101, Sept. 6, 1965, 79 Stat. 653; Pub. L. 89–583, pt. I, § 101, Sept. 19, 1966, 80 Stat. 796; Pub. L. 90–137, pt. I, § 101, Nov. 14, 1967, 81 Stat. 445; Pub. L. 93–189, § 2(2), Dec. 17, 1973, 87 Stat. 714; Pub. L. 94–161, title III, § 301, Dec. 20, 1975, 89 Stat. 855; Pub. L. 95–88, title I, §§ 101, 113(b), Aug. 3, 1977, 91 Stat. 533, 538; renumbered and amended Pub. L. 95–424, title I, § 101, Oct. 6, 1978, 92 Stat. 937; Pub. L. 106–309, title II, § 203(a), Oct. 17, 2000, 114 Stat. 1091.)
§ 2151–1. Development assistance policy
(a) Principal purpose of bilateral development assistance

The Congress finds that the efforts of developing countries to build and maintain the social and economic institutions necessary to achieve self-sustaining growth and to provide opportunities to improve the quality of life for their people depend primarily upon successfully marshalling their own economic and human resources. The Congress recognizes that the magnitude of these efforts exceeds the resources of developing countries and therefore accepts that there will be a long-term need for wealthy countries to contribute additional resources for development purposes. The United States should take the lead in concert with other nations to mobilize such resources from public and private sources.

Provision of development resources must be adapted to the needs and capabilities of specific developing countries. United States assistance to countries with low per capita incomes which have limited access to private external resources should primarily be provided on concessional terms. Assistance to other developing countries should generally consist of programs which facilitate their access to private capital markets, investment, and technical skills, whether directly through guarantee or reimbursable programs by the United States Government or indirectly through callable capital provided to the international financial institutions.

Bilateral assistance and United States participation in multilateral institutions shall emphasize programs in support of countries which pursue development strategies designed to meet basic human needs and achieve self-sustaining growth with equity.

The Congress declares that the principal purpose of United States bilateral development assistance is to help the poor majority of people in developing countries to participate in a process of equitable growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services which will enable them to satisfy their basic needs and lead lives of decency, dignity, and hope. Activities shall be emphasized that effectively involve the poor in development by expanding their access to the economy through services and institutions at the local level, increasing their participation in the making of decisions that affect their lives, increasing labor-intensive production and the use of appropriate technology, expanding productive investment and services out from major cities to small towns and rural areas, and otherwise providing opportunities for the poor to improve their lives through their own efforts. Participation of the United States in multilateral institutions shall also place appropriate emphasis on these principles.

(b) Form of assistance; principles governing assistanceAssistance under this part should be used not only for the purpose of transferring financial resources to developing countries, but also to help countries solve development problems in accordance with a strategy that aims to insure wide participation of the poor in the benefits of development on a sustained basis. Moreover, assistance shall be provided in a prompt and effective manner, using appropriate United States institutions for carrying out this strategy. In order to achieve these objectives and the broad objectives set forth in section 2151 of this title and in subsection (a) of this section, bilateral development assistance authorized by this chapter shall be carried out in accordance with the following principles:
(1) Development is primarily the responsibility of the people of the developing countries themselves. Assistance from the United States shall be used in support of, rather than substitution for, the self-help efforts that are essential to successful development programs and shall be concentrated in those countries that take positive steps to help themselves. Maximum effort shall be made, in the administration of subchapter I of this chapter, to stimulate the involvement of the people in the development process through the encouragement of democratic participation in private and local governmental activities and institution building appropriate to the requirements of the recipient countries.
(2) Development planning must be the responsibility of each sovereign country. United States assistance should be administered in a collaborative style to support the development goals chosen by each country receiving assistance.
(3) United States bilateral development assistance should give high priority to undertakings submitted by host governments which directly improve the lives of the poorest of their people and their capacity to participate in the development of their countries, while also helping such governments enhance their planning, technical, and administrative capabilities needed to insure the success of such undertakings.
(4) Development assistance provided under this part shall be concentrated in countries which will make the most effective use of such assistance to help satisfy basic human needs of poor people through equitable growth, especially in those countries having the greatest need for outside assistance. In order to make possible consistent and informed judgments in this respect, the President shall assess the commitment and progress of countries in moving toward the objectives and purposes of this part by utilizing criteria, including but not limited to the following:
(A) increase in agricultural productivity per unit of land through small-farm, labor-intensive agriculture;
(B) reduction of infant mortality;
(C) control of population growth;
(D) promotion of greater equality of income distribution, including measures such as more progressive taxation and more equitable returns to small farmers;
(E) reduction of rates of unemployment and underemployment;
(F) increase in literacy; and
(G) progress in combating corruption and improving transparency and accountability in the public and private sector.
(5) United States development assistance should focus on critical problems in those functional sectors which affect the lives of the majority of the people in the developing countries; food production and nutrition; rural development and generation of gainful employment; population planning and health; environment and natural resources; education, development administration, and human resource development; and energy development and production.
(6) United States assistance shall encourage and promote the participation of women in the national economies of developing countries and the improvement of women’s status as an important means of promoting the total development effort.
(7) United States bilateral assistance shall recognize that the prosperity of developing countries and effective development efforts require the adoption of an overall strategy that promotes the development, production, and efficient utilization of energy and, therefore, consideration shall be given to the full implications of such assistance on the price, availability, and consumption of energy in recipient countries.
(8) United States cooperation in development should be carried out to the maximum extent possible through the private sector, including those institutions which already have ties in the developing areas, such as educational institutions, cooperatives, credit unions, free labor unions, and private and voluntary agencies.
(9) To the maximum extent practicable, United States private investment should be encouraged in economic and social development programs to which the United States lends support.
(10) Assistance shall be planned and utilized to encourage regional cooperation by developing countries in the solution of common problems and the development of shared resources.
(11) Assistance efforts of the United States shall be planned and furnished to the maximum extent practicable in coordination and cooperation with assistance efforts of other countries, including the planning and implementation of programs and projects on a multilateral and multidonor basis.
(12) United States bilateral development assistance should be concentrated on projects which do not involve large-scale capital transfers. However, to the extent that such assistance does involve large-scale capital transfers, it should be furnished in association with contributions from other countries working together in a multilateral framework.
(13) United States encouragement of policy reforms is necessary if developing countries are to achieve economic growth with equity.
(14) Development assistance should, as a fundamental objective, promote private sector activity in open and competitive markets in developing countries, recognizing such activity to be a productive and efficient means of achieving equitable and long term economic growth.
(15) United States cooperation in development should recognize as essential the need of developing countries to have access to appropriate technology in order to improve food and water, health and housing, education and employment, and agriculture and industry.
(16) United States assistance should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long term development. An important component of institution building involves training to expand the human resource potential of people in developing countries.
(17) Economic reform and development of effective institutions of democratic governance are mutually reinforcing. The successful transition of a developing country is dependent upon the quality of its economic and governance institutions. Rule of law, mechanisms of accountability and transparency, security of person, property, and investments, are but a few of the critical governance and economic reforms that underpin the sustainability of broad-based economic growth. Programs in support of such reforms strengthen the capacity of people to hold their governments accountable and to create economic opportunity.
(c) Worldwide cooperative effort to overcome aspects of absolute poverty

The Congress, recognizing the desirability of overcoming the worst aspects of absolute poverty by the end of this century by, among other measures, substantially lowering infant mortality and birth rates, and increasing life expectancy, food production, literacy, and employment, encourages the President to explore with other countries, through all appropriate channels, the feasibility of a worldwide cooperative effort to overcome the worst aspects of absolute poverty and to assure self-reliant growth in the developing countries by the year 2000.

(Pub. L. 87–195, pt. I, § 102, as added Pub. L. 95–424, title I, § 101, Oct. 6, 1978, 92 Stat. 938; amended Pub. L. 96–53, title I, § 104(a), Aug. 14, 1979, 93 Stat. 360; Pub. L. 99–83, title III, § 301, Aug. 8, 1985, 99 Stat. 213; Pub. L. 106–309, title II, § 203(b), Oct. 17, 2000, 114 Stat. 1092.)
§ 2151–2. Actions to improve the international gender policy of the United States Agency for International Development
(a) Gender analysis definedIn this section, the term “gender analysis”—
(1) means a socioeconomic analysis of available or gathered quantitative and qualitative information to identify, understand, and explain gaps between men and women which typically involves examining—
(A) differences in the status of women and men and their differential access to and control over assets, resources, education, opportunities, and services;
(B) the influence of gender roles, structural barriers, and norms on the division of time between paid employment, unpaid work (including the subsistence production and care for family members), and volunteer activities;
(C) the influence of gender roles, structural barriers, and norms on leadership roles and decision making; constraints, opportunities, and entry points for narrowing gender gaps and empowering women; and
(D) potential differential impacts of development policies and programs on men and women, including unintended or negative consequences; and
(2) includes conclusions and recommendations to enable development policies and programs to narrow gender gaps and improve the lives of women and girls.
(b) International development cooperation policyIt shall be the international development cooperation policy of the United States—
(1) to reduce gender disparities with respect to economic, social, political, educational, and cultural resources, wealth, opportunities, and services;
(2) to strive to eliminate gender-based violence and mitigate its harmful effects on individuals and communities including through efforts to develop standards and capacity to reduce gender-based violence in the workplace and other places where women work;
(3) to support activities that secure private property rights and land tenure for women in developing countries, including—
(A) legal frameworks that give women equal rights to own, register, use, profit from, and inherit land and property;
(B) improving legal literacy to enable women to exercise the rights described in subparagraph (A); and
(C) improving the capacity of law enforcement and community leaders to enforce such rights;
(4) to increase the capability of women and girls to fully exercise their rights, determine their life outcomes, assume leadership roles, and influence decision-making in households, communities, and societies; and
(5) to improve the access of women and girls to education, particularly higher education opportunities in business, finance, and management, in order to enhance financial literacy and business development, management, and strategy skills.
(c) ActionsIn order to advance the policy described in subsection (b), the Administrator of the United States Agency for International Development shall ensure that—
(1) strategies, projects, and activities of the Agency are shaped by a gender analysis;
(2) standard indicators are used to assess such strategies, projects, and activities, if applicable; and
(3) gender equality and female empowerment are integrated throughout the Agency’s program cycle and related processes for purposes of strategic planning, project design and implementation, monitoring, and evaluation.
(Pub. L. 115–428, § 3, Jan. 9, 2019, 132 Stat. 5511.)
§ 2151a. Agricultural development in rural areas
(a) Authorization to President to furnish assistance; appropriations
(1) In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition—
(A) to alleviate starvation, hunger, and malnutrition;
(B) to expand significantly the provision of basic services to rural poor people to enhance their capacity for self-help; and
(C) to help create productive farm and off-farm employment in rural areas to provide a more viable economic base and enhance opportunities for improved incomes, living standards, and contributions by rural poor people to the economic and social development of their countries.
(2) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year 1987. Of these amounts, the President may use such amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980. Amounts appropriated under this section are authorized to remain available until expended.
(3) Of the amounts authorized to be appropriated in paragraph (2) for the fiscal year 1987, not less than $2,000,000 shall be available only for the purpose of controlling and eradicating amblyomma variegatum (heartwater) in bovine animals in the Caribbean.
(b) Use of assistance primarily in aid of rural poor; multilateral infrastructure projects; forestry proj­ects
(1) Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the productivity 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 marketing facilities and systems; expansion of rural infrastructure and utilities such as farm-to-market roads, water management systems, 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, forestry, soil conservation, and improved seed, in ways which assure access to them by small farmers.
(2) In circumstances where development of major infrastructure is necessary to achieve the objectives set forth in this section, assistance for that purpose should be furnished under this part in association with significant contributions from other countries working together in a multilateral framework. Infrastructure proj­ects so assisted should be complemented by other measures to ensure that the benefits of the infrastructure reach the poor.
(3) The Congress recognizes that the accelerating loss of forests and tree cover in developing countries undermines and offsets efforts to improve agricultural production and nutrition and otherwise to meet the basic human needs of the poor. Deforestation results in increased flooding, reduction in water supply for agricultural capacity, loss of firewood and needed wood products, and loss of valuable plants and animals. In order to maintain and increase forest resources, the President is authorized to provide assistance under this section for forestry projects which are essential to fulfill the fundamental purposes of this section. Emphasis shall be given to community woodlots, agroforestry, reforestation, protection of watershed forests, and more effective forest management.
(c) Increased agricultural production in least developed countries

The Congress finds that the greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the agricultural producers in developing countries. Increasing the emphasis on rural development and expanded food production in the poorest nations of the developing world is a matter of social justice and a principal element contributing to broadly based economic growth, as well as an important factor in alleviating inflation in the industrialized countries. In the allocation of funds under this section, special attention shall be given to increasing agricultural production in countries which have been designated as “least developed” by the United Nations General Assembly.

(d) Coordination with population planning and health programsAssistance provided under this section shall also be used in coordination with programs carried out under section 2151b of this title to help improve nutrition of the people of developing countries through encouragement of increased production of crops with greater nutritional value; improvement of planning, research, and education with respect to nutrition, particularly with reference to improvement and expanded use of indigenously produced foodstuffs; and the undertaking of pilot or demonstration programs explicitly addressing the problem of malnutrition of poor and vulnerable people. In particular, the President is encouraged—
(1) to devise and carry out in partnership with developing countries a strategy for programs of nutrition and health improvement for mothers and children, including breast feeding; and
(2) to provide technical, financial, and material support to individuals or groups at the local level for such programs.
(e) Use of local currency proceeds from sales of commodities

Local currency proceeds from sales of commodities provided under the Food for Peace Act [7 U.S.C. 1691 et seq.] which are owned by foreign governments shall be used whenever practicable to carry out the provisions of this section.

(f) National food security policies and programs; bilateral and multilateral assistance

The Congress finds that the efforts of developing countries to enhance their national food security deserves encouragement as a matter of United States development assistance policy. Measures complementary to assistance for expanding food production in developing countries are needed to help assure that food becomes increasingly available on a regular basis to the poor in such countries. Therefore, United States bilateral assistance under this chapter and the Food for Peace Act [7 U.S.C. 1691 et seq.], and United States participation in multilateral institutions, shall emphasize policies and programs which assist developing countries to increase their national food security by improving their food policies and management and by strengthening national food reserves, with particular concern for the needs of the poor, through measures encouraging domestic production, building national food reserves, expanding available storage facilities, reducing postharvest food losses, and improving food distribution.

(g) International Fund for Agricultural Development; participation and contributions; availability of appropriations
(1) In order to carry out the purposes of this section, the President may continue United States participation in and may make contributions to the International Fund for Agricultural Development.
(2) Of the aggregate amount authorized to be appropriated to carry out subchapter I of this chapter, up to $50,000,000 for fiscal year 1986 and up to $50,000,000 for fiscal year 1987 may be made available, by appropriation or by transfer, for United States contributions to the second replenishment of the International Fund for Agricultural Development.
(Pub. L. 87–195, pt. I, § 103, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93–559, § 2, Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94–161, title III, § 302, Dec. 20, 1975, 89 Stat. 856; Pub. L. 95–88, title I, § 102, Aug. 3, 1977, 91 Stat. 534; Pub. L. 95–424, title I, § 103(a), Oct. 6, 1978, 92 Stat. 943; Pub. L. 96–53, title I, § 101, Aug. 14, 1979, 93 Stat. 359; Pub. L. 96–533, title III, § 301, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97–113, title III, § 301(a), (c), Dec. 29, 1981, 95 Stat. 1531, 1532; Pub. L. 99–83, title III, § 302, title X, § 1001, Aug. 8, 1985, 99 Stat. 214, 270; Pub. L. 99–399, title XIII, § 1304, Aug. 27, 1986, 100 Stat. 898; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820.)
§ 2151a–1. Agricultural research

Agricultural research carried out under this chapter shall (1) take account of the special needs of small farmers in the determination of research priorities, (2) include research on the interrelationships among technology, institutions, and economic, social, environmental, and cultural factors affecting small-farm agriculture, and (3) make extensive use of field testing to adapt basic research to local conditions. Special emphasis shall be placed on disseminating research results to the farms on which they can be put to use, and especially on institutional and other arrangements needed to assure that small farmers have effective access to both new and existing improved technology.

(Pub. L. 87–195, pt. I, § 103A, as added Pub. L. 94–161, title III, § 303, Dec. 20, 1975, 89 Stat. 857; amended Pub. L. 95–424, title I, § 103(d), Oct. 6, 1978, 92 Stat. 945.)
§ 2151b. Population planning and health programs
(a) Congressional declaration of policy

The Congress recognizes that poor health conditions and uncontrolled population growth can vitiate otherwise successful development efforts.

Large families in developing countries are the result of complex social and economic factors which change relatively slowly among the poor majority least affected by economic progress, as well as the result of a lack of effective birth control. Therefore, effective family planning depends upon economic and social change as well as the delivery of services and is often a matter of political and religious sensitivity. While every country has the right to determine its own policies with respect to population growth, voluntary population planning programs can make a substantial contribution to economic development, higher living standards, and improved health and nutrition.

Good health conditions are a principal element in improved quality of life and contribute to the individual’s capacity to participate in the development process, while poor health and debilitating disease can limit productivity.

(b) Assistance for voluntary population planning

In order to increase the opportunities and motivation for family planning and to reduce the rate of population growth, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for voluntary population planning. In addition to the provision of family planning information and services, including also information and services which relate to and support natural family planning methods, and the conduct of directly relevant demographic research, population planning programs shall emphasize motivation for small families.

(c) Assistance for health programs; special health needs of children and mothers; Child Survival Fund; promotion of immunization and oral rehydration; control of AIDS and tuberculosis
(1) In order to contribute to improvements in the health of the greatest number of poor people in developing countries, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for health programs. Assistance under this subsection shall be used primarily for basic integrated health services, safe water and sanitation, disease prevention and control, and related health planning and research. This assistance shall emphasize self-sustaining community-based health programs by means such as training of health auxiliary and other appropriate personnel, support for the establishment and evaluation of proj­ects that can be replicated on a broader scale, measures to improve management of health programs, and other services and supplies to support health and disease prevention programs.
(2)
(A) In carrying out the purposes of this subsection, the President shall promote, encourage, and undertake activities designed to deal directly with the special health needs of children and mothers. Such activities should utilize simple, available technologies which can significantly reduce childhood mortality, such as improved and expanded immunization programs, oral rehydration to combat diarrhoeal diseases, and education programs aimed at improving nutrition and sanitation and at promoting child spacing. In carrying out this paragraph, guidance shall be sought from knowledgeable health professionals from outside the agency primarily responsible for administering subchapter I of this chapter. In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types described in this paragraph which are carried out by international organizations (which may include international organizations receiving funds under part III of this subchapter) and by private and voluntary organizations, and should include encouragement to other donors to support such types of activities.
(B) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year 1987 for use in carrying out this paragraph. Amounts appropriated under this subparagraph are authorized to remain available until expended.
(C) Appropriations pursuant to subparagraph (B) may be referred to as the “Child Survival Fund”.
(3) The Congress recognizes that the promotion of primary health care is a major objective of the foreign assistance program. The Congress further recognizes that simple, relatively low cost means already exist to reduce incidence of communicable diseases among children, mothers, and infants. The promotion of vaccines for immunization, and salts for oral rehydration, therefore, is an essential feature of the health assistance program. To this end, the Congress expects the agency primarily responsible for administering subchapter I of this chapter to set as a goal the protection of not less than 80 percent of all children, in those countries in which such agency has established development programs, from immunizable diseases by January 1, 1991. Of the aggregate amounts made available for fiscal year 1987 to carry out paragraph (2) of this subsection (relating to the Child Survival Fund) and to carry out subsection (c) (relating to development assistance for health), $50,000,000 shall be used to carry out this paragraph.
(4)Relationship to other laws.—Assistance made available under this subsection and sections 2151b–2, 2151b–3, and 2151b–4 of this title, and assistance made available under part IV of subchapter II of this chapter to carry out the purposes of this subsection and the provisions cited in this paragraph, may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, except for the provisions of this subsection, the provisions of law cited in this paragraph, subsection (f), section 2394–1 of this title, and provisions of law that limit assistance to organizations that support or participate in a program of coercive abortion or involuntary sterilization included under the Child Survival and Health Programs Fund span in the Consolidated Appropriations Resolution, 2003 (Public Law 108–7).
(d) Administration of assistance
(1) Assistance under this part shall be administered so as to give particular attention to the interrelationship between (A) population growth, and (B) development and overall improvement in living standards in developing countries, and to the impact of all programs, projects, and activities on population growth. All appropriate activities proposed for financing under this part shall be designed to build motivation for smaller families through modification of economic and social conditions supportive of the desire for large families, in programs such as education in and out of school, nutrition, disease control, maternal and child health services, improvements in the status and employment of women, agricultural production, rural development, and assistance to the urban poor, and through community-based development programs which give recognition to people motivated to limit the size of their families. Population planning programs shall be coordinated with other programs aimed at reducing the infant mortality rate, providing better nutrition for pregnant women and infants, and raising the standard of living of the poor.
(2) Since the problems of malnutrition, disease, and rapid population growth are closely related, planning for assistance to be provided under subsections (b) and (c) of this section and under section 2151a of this title shall be coordinated to the maximum extent practicable.
(3) Assistance provided under this section shall emphasize low-cost integrated delivery systems for health, nutrition, and family planning for the poorest people, with particular attention to the needs of mothers and young children, using paramedical and auxiliary medical personnel, clinics and health posts, commercial distribution systems, and other modes of community outreach.
(e) Research and analysis
(1) Health and population research and analysis carried out under this chapter shall—
(A) be undertaken to the maximum extent practicable in developing countries by developing country personnel, linked as appropriate with private and governmental biomedical research facilities within the United States;
(B) take account of the special needs of the poor people of developing countries in the determination of research priorities; and
(C) make extensive use of field testing to adapt basic research to local conditions.
(2) The President is authorized to study the complex factors affecting population growth in developing countries and to identify factors which might motivate people to plan family size or to space their children.
(f) Prohibition on use of funds for performance or research respecting abortions or involuntary sterilization
(1) None of the funds made available to carry out subchapter I of this chapter may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.
(2) None of the funds made available to carry out subchapter I of this chapter may be used to pay for the performance of involuntary sterilizations as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations.
(3) None of the funds made available to carry out subchapter I of this chapter may be used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.
(g) Authorization of appropriations
(1) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes—
(A) $290,000,000 for fiscal year 1986 and $290,000,000 for fiscal year 1987 to carry out subsection (b) of this section; and
(B) $205,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987 to carry out subsection (c) of this section.
(2) Funds appropriated under this subsection are authorized to remain available until expended.
(Pub. L. 87–195, pt. I, § 104, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93–559, § 4(1), Dec. 30, 1974, 88 Stat. 1795; Pub. L. 94–161, title III, § 304, Dec. 20, 1975, 89 Stat. 857; Pub. L. 95–88, title I, § 103(a)–(c), Aug. 3, 1977, 91 Stat. 534; Pub. L. 95–424, title I, § 104(a), Oct. 6, 1978, 92 Stat. 945; Pub. L. 96–53, title I, § 102, Aug. 14, 1979, 93 Stat. 360; Pub. L. 96–533, title III, § 302, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97–113, title III, § 302, Dec. 29, 1981, 95 Stat. 1532; Pub. L. 98–473, title I, § 101(1) [title V, § 541(a)], Oct. 12, 1984, 98 Stat. 1884, 1903; Pub. L. 99–83, title III, §§ 303–305(a), Aug. 8, 1985, 99 Stat. 214; Pub. L. 99–529, title I, § 103, title IV, § 404(1), Oct. 24, 1986, 100 Stat. 3011, 3019; Pub. L. 106–264, title I, § 111(a), title II, § 203, Aug. 19, 2000, 114 Stat. 751, 759; Pub. L. 108–25, title III, §§ 301(a)(1), 303(c), May 27, 2003, 117 Stat. 728, 737.)
§ 2151b–1. Assistance for malaria prevention, treatment, control, and elimination
(a) Assistance
(1) In general

The Administrator of the United States Agency for International Development, in coordination with the heads of other appropriate Federal agencies and nongovernmental organizations, shall provide assistance for the establishment and conduct of activities designed to prevent, treat, control, and eliminate malaria in countries with a high percentage of malaria cases.

(2) Consideration of interaction among epidemics

In providing assistance pursuant to paragraph (1), the Administrator should consider the interaction among the epidemics of HIV/AIDS, malaria, and tuberculosis.

(3) Dissemination of information requirement

Activities referred to in paragraph (1) shall include the dissemination of information relating to the development of vaccines and therapeutic agents for the prevention of malaria (including information relating to participation in, and the results of, clinical trials for such vaccines and agents conducted by United States Government agencies) to appropriate officials in such countries.

(b) Authorization of appropriations
(1) In general

There are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of the fiscal years 2001 and 2002.

(2) Availability

Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

(Pub. L. 106–570, title I, § 103, Dec. 27, 2000, 114 Stat. 3039.)
§ 2151b–2. Assistance to combat HIV/AIDS
(a) Finding

Congress recognizes that the alarming spread of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America and other developing countries is a major global health, national security, development, and humanitarian crisis.

(b) Policy
(1) ObjectivesIt is a major objective of the foreign assistance program of the United States to provide assistance for the prevention and treatment of HIV/AIDS and the care of those affected by the disease. It is the policy objective of the United States, by 2013, to—
(A) assist partner countries to—
(i) prevent 12,000,000 new HIV infections worldwide;
(ii) support—(I) the increase in the number of individuals with HIV/AIDS receiving antiretroviral treatment above the goal established under section 7672(a)(3) 1
1 See References in Text note below.
of this title and increased pursuant to paragraphs (1) through (3) of section 7673(d) 1 of this title; and
(II) additional treatment through coordinated multilateral efforts;
(iii) support care for 12,000,000 individuals infected with or affected by HIV/AIDS, including 5,000,000 orphans and vulnerable children affected by HIV/AIDS, with an emphasis on promoting a comprehensive, coordinated system of services to be integrated throughout the continuum of care;
(iv) provide at least 80 percent of the target population with access to counseling, testing, and treatment to prevent the transmission of HIV from mother-to-child;
(v) provide care and treatment services to children with HIV in proportion to their percentage within the HIV-infected population of a given partner country; and
(vi) train and support retention of health care professionals, paraprofessionals, and community health workers in HIV/AIDS prevention, treatment, and care, with the target of providing such training to at least 140,000 new health care professionals and paraprofessionals with an emphasis on training and in country deployment of critically needed doctors and nurses;
(B) strengthen the capacity to deliver primary health care in developing countries, especially in sub-Saharan Africa;
(C) support and help countries in their efforts to achieve staffing levels of at least 2.3 doctors, nurses, and midwives per 1,000 population, as called for by the World Health Organization; and
(D) help partner countries to develop independent, sustainable HIV/AIDS programs.
(2) Coordinated global strategy

The United States and other countries with the sufficient capacity should provide assistance to countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, and Latin America, and other countries and regions confronting HIV/AIDS epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through HIV/AIDS prevention, treatment, care, monitoring and evaluation, and related activities.

(3) PrioritiesThe United States Government’s response to the global HIV/AIDS pandemic and the Government’s efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on—
(A) the prevention of the transmission of HIV;
(B) moving toward universal access to HIV/AIDS prevention counseling and services;
(C) the inclusion of cost sharing assurances that meet the requirements under section 2151h of this title; and
(D) the inclusion of transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments.
(c) Authorization
(1) In general

Consistent with section 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for HIV/AIDS, including to prevent, treat, and monitor HIV/AIDS, and carry out related activities, in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas, particularly with respect to refugee populations or those in postconflict settings in such countries and areas with significant or increasing HIV incidence rates.

(2) Role of NGOs

It is the sense of Congress that the President should provide an appropriate level of assistance under paragraph (1) through nongovernmental organizations (including faith-based and community-based organizations) in countries in sub-Saharan Africa, the Caribbean, Central Asia, Eastern Europe, Latin America, and other countries and areas affected by the HIV/AIDS pandemic, particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing HIV incidence rates..2

2 So in original.

(3) Coordination of assistance efforts

The President shall coordinate the provision of assistance under paragraph (1) with the provision of related assistance by the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children’s Fund (UNICEF), the World Health Organization (WHO), the United Nations Development Programme (UNDP), the Global Fund to Fight AIDS, Tuberculosis and Malaria and other appropriate international organizations (such as the International Bank for Reconstruction and Development), relevant regional multilateral development institutions, national, state, and local governments of partner countries, other international actors,,2 appropriate governmental and nongovernmental organizations, and relevant executive branch agencies within the framework of the principles of the Three Ones.

(d) Activities supportedAssistance provided under subsection (c) shall, to the maximum extent practicable, be used to carry out the following activities:
(1) PreventionPrevention of HIV/AIDS through activities including—
(A) programs and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of HIV infection, including integration of such programs into health programs and the inclusion in counseling programs of information on methods of avoiding infection of HIV, including delaying sexual debut, abstinence, fidelity and monogamy, reduction of casual sexual partnering and multiple concurrent sexual partnering,,2 reducing sexual violence and coercion, including child marriage, widow inheritance, and polygamy, and where appropriate, use of male and female condoms;
(B)
(C) assistance for the purpose of encouraging men to be responsible in their sexual behavior, child rearing, and to respect women;
(D) assistance for the purpose of providing voluntary testing and counseling (including the incorporation of confidentiality protections with respect to such testing and counseling) and promoting the use of provider-initiated or “opt-out” voluntary testing in accordance with World Health Organization guidelines;
(E) assistance for the purpose of preventing mother-to-child transmission of the HIV infection, including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding;
(F) assistance to—
(i) achieve the goal of reaching 80 percent of pregnant women for prevention and treatment of mother-to-child transmission of HIV in countries in which the United States is implementing HIV/AIDS programs by 2013; and
(ii) promote infant feeding options and treatment protocols that meet the most recent criteria established by the World Health Organization;
(G) medical male circumcision programs as part of national strategies to combat the transmission of HIV/AIDS;
(H) assistance to ensure a safe blood supply and sterile medical equipment;
(I) assistance to help avoid substance abuse and intravenous drug use that can lead to HIV infection;
(J) assistance for the purpose of increasing women’s access to employment opportunities, income, productive resources, and microfinance programs, where appropriate.3
3 So in original. The period probably should be “; and”.
(K) assistance for counseling, testing, treatment, care, and support programs, including—
(i) counseling and other services for the prevention of reinfection of individuals with HIV/AIDS;
(ii) counseling to prevent sexual transmission of HIV, including—(I) life skills development for practicing abstinence and faithfulness;(II) reducing the number of sexual partners;(III) delaying sexual debut; and(IV) ensuring correct and consistent use of condoms;
(iii) assistance to engage underlying vulnerabilities to HIV/AIDS, especially those of women and girls;
(iv) assistance for appropriate HIV/AIDS education programs and training targeted to prevent the transmission of HIV among men who have sex with men;
(v) assistance to provide male and female condoms;
(vi) diagnosis and treatment of other sexually transmitted infections;
(vii) strategies to address the stigma and discrimination that impede HIV/AIDS prevention efforts; and
(viii) assistance to facilitate widespread access to microbicides for HIV prevention, if safe and effective products become available, including financial and technical support for culturally appropriate introductory programs, procurement, distribution, logistics management, program delivery, acceptability studies, provider training, demand generation, and postintroduction monitoring.
(2) TreatmentThe treatment and care of individuals with HIV/AIDS, including—
(A) assistance to establish and implement programs to strengthen and broaden indigenous health care delivery systems and the capacity of such systems to deliver HIV/AIDS pharmaceuticals and otherwise provide for the treatment of individuals with HIV/AIDS, including clinical training for indigenous organizations and health care providers;
(B) assistance to strengthen and expand hospice and palliative care programs to assist patients debilitated by HIV/AIDS, their families, and the primary caregivers of such patients, including programs that utilize faith-based and community-based organizations;
(C) assistance for the purpose of the care and treatment of individuals with HIV/AIDS through the provision of pharmaceuticals, including antiretrovirals and other pharmaceuticals and therapies for the treatment of opportunistic infections, pain management, nutritional support, and other treatment modalities;
(D) as part of care and treatment of HIV/AIDS, assistance (including prophylaxis and treatment) for common HIV/AIDS-related opportunistic infections for free or at a rate at which it is easily affordable to the individuals and populations being served; 4
4 So in original. The word “and” probably should appear.
(E) as part of care and treatment of HIV/AIDS, assistance or referral to available and adequately resourced service providers for nutritional support, including counseling and where necessary the provision of commodities, for persons meeting malnourishment criteria and their families; 5
5 So in original. The semicolon probably should be a period.
(3) Preventative intervention education and technologies
(A) With particular emphasis on specific populations that represent a particularly high risk of contracting or spreading HIV/AIDS, including those exploited through the sex trade, victims of rape and sexual assault, individuals already infected with HIV/AIDS, and in cases of occupational exposure of health care workers, assistance with efforts to reduce the risk of HIV/AIDS infection including post-exposure pharmaceutical prophylaxis, and necessary pharmaceuticals and commodities, including test kits, condoms, and, when proven effective, microbicides.
(B) Bulk purchases of available test kits, condoms, and, when proven effective, microbicides that are intended to reduce the risk of HIV/AIDS transmission and for appropriate program support for the introduction and distribution of these commodities, as well as education and training on the use of the technologies.
(4) MonitoringThe monitoring of programs, projects, and activities carried out pursuant to paragraphs (1) through (3), including—
(A) monitoring to ensure that adequate controls are established and implemented to provide HIV/AIDS pharmaceuticals and other appropriate medicines to poor individuals with HIV/AIDS;
(B) appropriate evaluation and surveillance activities;
(C) monitoring to ensure that appropriate measures are being taken to maintain the sustainability of HIV/AIDS pharmaceuticals (especially antiretrovirals) and ensure that drug resistance is not compromising the benefits of such pharmaceuticals;
(D) monitoring to ensure appropriate law enforcement officials are working to ensure that HIV/AIDS pharmaceuticals are not diminished through illegal counterfeiting or black market sales of such pharmaceuticals;
(E) carrying out and expanding program monitoring, impact evaluation research and analysis, and operations research and disseminating data and findings through mechanisms to be developed by the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, in coordination with the Director of the Centers for Disease Control, in order to—
(i) improve accountability, increase transparency, and ensure the delivery of evidence-based services through the collection, evaluation, and analysis of data regarding gender-responsive interventions, disaggregated by age and sex;
(ii) identify and replicate effective models; and
(iii) develop gender indicators to measure outcomes and the impacts of interventions; and
(F) establishing appropriate systems to—
(i) gather epidemiological and social science data on HIV; and
(ii) evaluate the effectiveness of prevention efforts among men who have sex with men, with due consideration to stigma and risks associated with disclosure.
(5) Pharmaceuticals
(A) Procurement

The procurement of HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines, including medicines to treat opportunistic infections.

(B) Mechanisms for quality control and sustainable supply

Mechanisms to ensure that such HIV/AIDS pharmaceuticals, antiretroviral therapies, and other appropriate medicines are quality-controlled and sustainably supplied.

(C) Mechanism to ensure cost-effective drug purchasingSubject to subparagraph (B), mechanisms to ensure that safe and effective pharmaceuticals, including antiretrovirals and medicines to treat opportunistic infections, are purchased at the lowest possible price at which such pharmaceuticals may be obtained in sufficient quantity on the world market, provided that such pharmaceuticals are approved, tentatively approved, or otherwise authorized for use by—
(i) the Food and Drug Administration;
(ii) a stringent regulatory agency acceptable to the Secretary of Health and Human Services; or
(iii) a quality assurance mechanism acceptable to the Secretary of Health and Human Services.
(D) Distribution

The distribution of such HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate medicines (including medicines to treat opportunistic infections) to qualified national, regional, or local organizations for the treatment of individuals with HIV/AIDS in accordance with appropriate HIV/AIDS testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the HIV infection.

(6) Related and coordinated activitiesThe conduct of related activities, including—
(A) the care and support of children who are orphaned by the HIV/AIDS pandemic, including services designed to care for orphaned children in a family environment which rely on extended family members;
(B) improved infrastructure and institutional capacity to develop and manage education, prevention, and treatment programs, including training and the resources to collect and maintain accurate HIV surveillance data to target programs and measure the effectiveness of interventions;
(C) vaccine research and development partnership programs with specific plans of action to develop a safe, effective, accessible, preventive HIV vaccine for use throughout the world; and 6
6 So in original. The word “and” probably should not appear.
(D) coordinated or referred activities to—
(i) enhance the clinical impact of HIV/AIDS care and treatment; and
(ii) ameliorate the adverse social and economic costs often affecting AIDS-impacted families and communities through the direct provision, as necessary, or through the referral, if possible, of support services, including—(I) nutritional and food support;(II) safe drinking water and adequate sanitation;(III) nutritional counseling;(IV) income-generating activities and livelihood initiatives;(V) maternal and child health care;(VI) primary health care;(VII) the diagnosis and treatment of other infectious or sexually transmitted diseases;(VIII) substance abuse and treatment services; and(IX) legal services;
(E) coordinated or referred activities to link programs addressing HIV/AIDS with programs addressing gender-based violence in areas of significant HIV prevalence to assist countries in the development and enforcement of women’s health, children’s health, and HIV/AIDS laws and policies that—
(i) prevent and respond to violence against women and girls;
(ii) promote the integration of screening and assessment for gender-based violence into HIV/AIDS programming;
(iii) promote appropriate HIV/AIDS counseling, testing, and treatment into gender-based violence programs; and
(iv) assist governments to develop partnerships with civil society organizations to create networks for psychosocial, legal, economic, or other support services;
(F) coordinated or referred activities to—
(i) address the frequent coinfection of HIV and tuberculosis, in accordance with World Health Organization guidelines;
(ii) promote provider-initiated or “opt-out” HIV/AIDS counseling and testing and appropriate referral for treatment and care to individuals with tuberculosis or its symptoms, particularly in areas with significant HIV prevalence; and
(iii) strengthen programs to ensure that individuals testing positive for HIV receive tuberculosis screening and to improve laboratory capacities, infection control, and adherence; and
(G) activities to—
(i) improve the effectiveness of national responses to HIV/AIDS;
(ii) strengthen overall health systems in high-prevalence countries, including support for workforce training, retention, and effective deployment, capacity building, laboratory development, equipment maintenance and repair, and public health and related public financial management systems and operations; and
(iii) encourage fair and transparent procurement practices among partner countries; and
(iv) promote in-country or intra-regional pediatric training for physicians and other health professionals, preferably through public-private partnerships involving colleges and universities, with the goal of increasing pediatric HIV workforce capacity.
(7) Comprehensive HIV/AIDS public-private partnershipsThe establishment and operation of public-private partnership entities within countries in sub-Saharan Africa, the Caribbean, and other countries affected by the HIV/AIDS pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention, treatment, and monitoring of HIV/AIDS. Each such public-private partnership should—
(A) support the development, implementation, and management of comprehensive HIV/AIDS plans in support of the national HIV/AIDS strategy;
(B) operate at all times in a manner that emphasizes efficiency, accountability, and results-driven programs;
(C) engage both local and foreign development partners and donors, including businesses, government agencies, academic institutions, nongovernmental organizations, foundations, multilateral development agencies, and faith-based organizations, to assist the country in coordinating and implementing HIV/AIDS prevention, treatment, and monitoring programs in accordance with its national HIV/AIDS strategy;
(D) provide technical assistance, consultant services, financial planning, monitoring and evaluation, and research in support of the national HIV/AIDS strategy; and
(E) establish local human resource capacities for the national HIV/AIDS strategy through the transfer of medical, managerial, leadership, and technical skills.
(8) Compacts and framework agreementsThe development of compacts or framework agreements, tailored to local circumstances, with national governments or regional partnerships in countries with significant HIV/AIDS burdens to promote host government commitment to deeper integration of HIV/AIDS services into health systems, contribute to health systems overall, and enhance sustainability, including—
(A) cost sharing assurances that meet the requirements under section 2151h of this title; and
(B) transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, or budget support by respective foreign governments.
(e) Compacts and framework agreements
(1) FindingsCongress makes the following findings:
(A) The congressionally mandated Institute of Medicine report entitled “PEPFAR Implementation: Progress and Promise” states: “The next strategy [of the U.S. Global AIDS Initiative] should squarely address the needs and challenges involved in supporting sustainable country HIV/AIDS programs, thereby transitioning from a focus on emergency relief.”.
(B) One mechanism to promote the transition from an emergency to a public health and development approach to HIV/AIDS is through compacts or framework agreements between the United States Government and each participating nation.
(2) ElementsCompacts on HIV/AIDS authorized under subsection (d)(8) shall include the following elements:
(A) Compacts whose primary purpose is to provide direct services to combat HIV/AIDS are to be made between—
(i) the United States Government; and
(ii)(I) national or regional entities representing low-income countries served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; or(II) countries or regions—(aa) experiencing significantly high HIV prevalence or risk of significantly increasing incidence within the general population;(bb) served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform; and(cc) that have inadequate financial means within such country or region.
(B) Compacts whose primary purpose is to provide limited technical assistance to a country or region connected to services provided within the country or region—
(i) may be made with other countries or regional entities served by an existing United States Agency for International Development or Department of Health and Human Services presence or regional platform;
(ii) shall require significant investments in HIV prevention, care, and treatment services by the host country;
(iii) shall be time-limited in terms of United States contributions; and
(iv) shall be made only upon prior notification to Congress—(I) justifying the need for such compacts;(II) describing the expected investment by the country or regional entity; and(III) describing the scope, nature, expected total United States investment, and time frame of the limited technical assistance under the compact and its intended impact.
(C) Compacts shall include provisions to—
(i) promote local and national efforts to reduce stigma associated with HIV/AIDS; and
(ii) work with and promote the role of civil society in combating HIV/AIDS.
(D) Compacts shall take into account the overall national health and development and national HIV/AIDS and public health strategies of each country.
(E) Compacts shall contain—
(i) consideration of the specific objectives that the country and the United States expect to achieve during the term of a compact;
(ii) consideration of the respective responsibilities of the country and the United States in the achievement of such objectives;
(iii) consideration of regular benchmarks to measure progress toward achieving such objectives;
(iv) an identification of the intended beneficiaries, disaggregated by gender and age, and including information on orphans and vulnerable children, to the maximum extent practicable;
(v) consideration of the methods by which the compact is intended to—(I) address the factors that put women and girls at greater risk of HIV/AIDS; and(II) strengthen elements such as the economic, educational, and social status of women, girls, orphans, and vulnerable children and the inheritance rights and safety of such individuals;
(vi) consideration of the methods by which the compact will—(I) strengthen the health care capacity, including factors such as the training, retention, deployment, recruitment, and utilization of health care workers;(II) improve supply chain management; and(III) improve the health systems and infrastructure of the partner country, including the ability of compact participants to maintain and operate equipment transferred or purchased as part of the compact;
(vii) consideration of proposed mechanisms to provide oversight;
(viii) consideration of the role of civil society in the development of a compact and the achievement of its objectives;
(ix) a description of the current and potential participation of other donors in the achievement of such objectives, as appropriate; and
(x) consideration of a plan to ensure appropriate fiscal accountability for the use of assistance.
(F) For regional compacts, priority shall be given to countries that are included in regional funds and programs in existence as of July 30, 2008.
(G) Amounts made available for compacts described in subparagraphs (A) and (B) shall be subject to the inclusion of—
(i) cost sharing assurances that meet the requirements under section 2151h of this title; and
(ii) transition strategies to ensure sustainability of such programs and activities, including health care systems, under other international donor support, and budget support by respective foreign governments.
(3) Local inputIn entering into a compact on HIV/AIDS authorized under subsection (d)(8), the Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall seek to ensure that the government of a country—
(A) takes into account the local perspectives of the rural and urban poor, including women, in each country; and
(B) consults with private and voluntary organizations, including faith-based organizations, the business community, and other donors in the country.
(4) Congressional and public notification after entering into a compactNot later than 10 days after entering into a compact authorized under subsection (d)(8), the Global AIDS Coordinator shall—
(A) submit a report containing a detailed summary of the compact and a copy of the text of the compact to—
(i) the Committee on Foreign Relations of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Foreign Affairs of the House of Representatives; and
(iv) the Committee on Appropriations of the House of Representatives; and
(B) publish such information in the Federal Register and on the Internet website of the Office of the Global AIDS Coordinator.
(f) Annual report
(1) In general

Not later than February 15, 2014, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report in an open, machine readable format, on the implementation of this section for the prior fiscal year.

(2) Report due in 2014

The report due not later than February 15, 2014, shall include the elements required by law prior to the enactment of the PEPFAR Stewardship and Oversight Act of 2013.

(3) Report elementsEach report submitted after February 15, 2014, shall include the following:
(A) A description based on internationally available data, and where practicable high-quality country-based data, of the total global burden and need for HIV/AIDS prevention, treatment, and care, including—
(i) estimates by partner country of the global burden and need; and
(ii) HIV incidence, prevalence, and AIDS deaths for the reporting period.
(B) Reporting on annual targets across prevention, treatment, and care interventions in partner countries, including—
(i) a description of how those targets are designed to—(I) ensure that the annual increase in new patients on antiretroviral treatment exceeds the number of annual new HIV infections;(II) reduce the number of new HIV infections below the number of deaths among persons infected with HIV; and(III) achieve an AIDS-free generation;
(ii) national targets across prevention, treatment, and care that are—(I) established by partner countries; or(II) where such national partner country-developed targets are unavailable, a description of progress towards developing national partner country targets; and
(iii) bilateral programmatic targets across prevention, treatment, and care, including—(I) the number of adults and children to be directly supported on HIV treatment under United States-funded programs;(II) the number of adults and children to be otherwise supported on HIV treatment under United States-funded programs; and(III) other programmatic targets for activities directly and otherwise supported by United States-funded programs.
(C) A description, by partner country, of HIV/AIDS funding from all sources, including funding levels from partner countries, other donors, and the private sector, as practicable.
(D) A description of how United States-funded programs, in conjunction with the Global Fund, other donors, and partner countries, together set targets, measure progress, and achieve positive outcomes in partner countries.
(E) An annual assessment of outcome indicator development, dissemination, and performance for programs supported under this section, including ongoing corrective actions to improve reporting.
(F) A description and explanation of changes in related guidance or policies related to implementation of programs supported under this section.
(G) An assessment and quantification of progress over the reporting period toward achieving the targets set forth in subparagraph (B), including—
(i) the number, by partner country, of persons on HIV treatment, including specifically—(I) the number of adults and children on HIV treatment directly supported by United States-funded programs; and(II) the number of adults and children on HIV treatment otherwise supported by United States-funded programs;
(ii) HIV treatment coverage rates by partner country;
(iii) the net increase in persons on HIV treatment by partner country;
(iv) new infections of HIV by partner country;
(v) the number of HIV infections averted;
(vi) antiretroviral treatment program retention rates by partner country, including—(I) performance against annual targets for program retention; and(II) the retention rate of persons on HIV treatment directly supported by United States-funded programs; and
(vii) a description of supportive care.
(H) A description of partner country and United States-funded HIV/AIDS prevention programs and policies, including—
(i) an assessment by country of progress towards targets set forth in subparagraph (B), with a detailed description of the metrics used to assess—(I) programs to prevent mother to child transmission of HIV/AIDS, including coverage rates;(II) programs to provide or promote voluntary medical male circumcision, including coverage rates;(III) programs for behavior-change; and(IV) other programmatic activities to prevent the transmission of HIV;
(ii) antiretroviral treatment as prevention; and
(iii) a description of any new preventative interventions or methodologies.
(I) A description of the goals, scope, and measurement of program efforts aimed at women and girls.
(J) A description of the goals, scope, and measurement of program efforts aimed at orphans, vulnerable children, and youth.
(K) A description of the indicators and milestones used to assess effective, strategic, and appropriately timed country ownership, including—
(i) an explanation of the metrics used to determine whether the pace of any transition to such ownership is appropriate for that country, given that country’s level of readiness for such transition;
(ii) an analysis of governmental and local nongovernmental capacity to sustain positive outcomes;
(iii) a description of measures taken to improve partner country capacity to sustain positive outcomes where needed; and
(iv) for countries undergoing a transition to greater country ownership, a description of strategies to assess and mitigate programmatic and financial risk and to ensure continued quality of care for essential services.
(L) A description, globally and by partner country, of specific efforts to achieve and incentivize greater programmatic and cost effectiveness, including—
(i) progress toward establishing common economic metrics across prevention, care and treatment with partner countries and the Global Fund;
(ii) average costs, by country and by core intervention;
(iii) expenditure reporting in all program areas, supplemented with targeted analyses of the cost-effectiveness of specific interventions; and
(iv) import duties and internal taxes imposed on program commodities and services, by country.
(M) A description of partnership framework agreements with countries, and regions where applicable, including—
(i) the objectives and structure of partnership framework agreements with countries, including—(I) how these agreements are aligned with national HIV/AIDS plans and public health strategies and commitments of such countries; and(II) how these agreements incorporate a role for civil society; and
(ii) a description of what has been learned in advancing partnership framework agreements with countries, and regions as applicable, in terms of improved coordination and collaboration, definition of clear roles and responsibilities of participants and signers, and implications for how to further strengthen these agreements with mutually accountable measures of progress.
(N) A description of efforts and activities to engage new partners, including faith-based, locally-based, and United States minority-serving institutions.
(O) A definition and description of the differentiation between directly and otherwise supported activities, including specific efforts to clarify programmatic attribution and contribution, as well as timelines for dissemination and implementation.
(P) A description, globally and by country, of specific efforts to address co-infections and co-morbidities of HIV/AIDS, including—
(i) the number and percent of people in HIV care or treatment who started tuberculosis treatment; and
(ii) the number and percentage of eligible HIV positive patients starting isoniazid preventative therapy.
(Q) A description of efforts by partner countries to train, employ, and retain health care workers, including efforts to address workforce shortages.
(R) A description of program evaluations completed during the reporting period, including whether all completed evaluations have been published on a publically available Internet website and whether any completed evaluations did not adhere to the common evaluation standards of practice published under paragraph (4).
(4) Common evaluation standards

Not later than February 1, 2014, the Global AIDS Coordinator shall publish on a publically available Internet website the common evaluation standards of practice referred to in paragraph (3)(R).

(5) Partner country defined

In this subsection, the term “partner country” means a country with a minimum United States Government investment of HIV/AIDS assistance of at least $5,000,000 in the prior fiscal year.

(g) Funding limitation

Of the funds made available to carry out this section in any fiscal year, not more than 7 percent may be used for the administrative expenses of the United States Agency for International Development in support of activities described in section 2151b(c) of this title, this section, section 2151b–3 of this title, and section 2151b–4 of this title. Such amount shall be in addition to other amounts otherwise available for such purposes.

(h) DefinitionsIn this section:
(1) AIDS

The term “AIDS” means acquired immune deficiency syndrome.

(2) HIV

The term “HIV” means the human immunodeficiency virus, the pathogen that causes AIDS.

(3) HIV/AIDS

The term “HIV/AIDS” means, with respect to an individual, an individual who is infected with HIV or living with AIDS.

(4) Relevant executive branch agencies

The term “relevant executive branch agencies” means the Department of State, the United States Agency for International Development, the Department of Health and Human Services (including its agencies and offices), and any other department or agency of the United States that participates in international HIV/AIDS activities pursuant to the authorities of such department or agency or this chapter.

(Pub. L. 87–195, pt. I, § 104A, as added Pub. L. 108–25, title III, § 301(a)(2), May 27, 2003, 117 Stat. 728; amended Pub. L. 110–293, title III, § 301(a)–(e), July 30, 2008, 122 Stat. 2945–2953; Pub. L. 113–56, § 5, Dec. 2, 2013, 127 Stat. 650.)
§ 2151b–3. Assistance to combat tuberculosis
(a) FindingsCongress makes the following findings:
(1) Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease.
(2) Congress further recognizes that the means exist to control and treat tuberculosis through expanded use of the DOTS (Directly Observed Treatment Short-course) treatment strategy, including DOTS-Plus to address multi-drug resistant tuberculosis, and adequate investment in newly created mechanisms to increase access to treatment, including the Global Tuberculosis Drug Facility established in 2001 pursuant to the Amsterdam Declaration to Stop TB and the Global Alliance for TB Drug Development.
(b) PolicyIt is a major objective of the foreign assistance program of the United States to control tuberculosis. In all countries in which the Government of the United States has established development programs, particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis, the United States should support the objectives of the Global Plan to Stop TB, including through achievement of the following goals:
(1) Reduce by half the tuberculosis death and disease burden from the 1990 baseline.
(2) Sustain or exceed the detection of at least 70 percent of sputum smear-positive cases of tuberculosis and the successful treatment of at least 85 percent of the cases detected in countries with established United States Agency for International Development tuberculosis programs.
(3) In support of the Global Plan to Stop TB, the President shall establish a comprehensive, 5-year United States strategy to expand and improve United States efforts to combat tuberculosis globally, including a plan to support—
(A) the successful treatment of 4,500,000 new sputum smear tuberculosis patients under DOTS programs by 2013, primarily through direct support for needed services, commodities, health workers, and training, and additional treatment through coordinated multilateral efforts; and
(B) the diagnosis and treatment of 90,000 new multiple drug resistant tuberculosis cases by 2013, and additional treatment through coordinated multilateral efforts.
(c) Authorization

To carry out this section and consistent with section 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of tuberculosis.

(d) Coordination

In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program.

(e) Priority to Stop TB StrategyIn furnishing assistance under subsection (c), the President shall give priority to—
(1) direct services described in the Stop TB Strategy, including expansion and enhancement of Directly Observed Treatment Short-course (DOTS) coverage, rapid testing, treatment for individuals infected with both tuberculosis and HIV, and treatment for individuals with multi-drug resistant tuberculosis (MDR–TB), strengthening of health systems, use of the International Standards for Tuberculosis Care by all providers, empowering individuals with tuberculosis, and enabling and promoting research to develop new diagnostics, drugs, and vaccines, and program-based operational research relating to tuberculosis; and
(2) funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development.
(f) Assistance for the World Health Organization and the Stop Tuberculosis Partnership

In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to provide increased resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the Stop TB Strategy and specific strategies related to addressing multiple drug resistant tuberculosis (MDR–TB) and extensively drug resistant tuberculosis (XDR–TB).

(g) Annual reportThe President shall submit an annual report to Congress that describes the impact of United States foreign assistance on efforts to control tuberculosis, including—
(1) the number of tuberculosis cases diagnosed and the number of cases cured in countries receiving United States bilateral foreign assistance for tuberculosis control purposes;
(2) a description of activities supported with United States tuberculosis resources in each country, including a description of how those activities specifically contribute to increasing the number of people diagnosed and treated for tuberculosis;
(3) in each country receiving bilateral United States foreign assistance for tuberculosis control purposes, the percentage provided for direct tuberculosis services in countries receiving United States bilateral foreign assistance for tuberculosis control purposes;
(4) a description of research efforts and clinical trials to develop new tools to combat tuberculosis, including diagnostics, drugs, and vaccines supported by United States bilateral assistance;
(5) the number of persons who have been diagnosed and started treatment for multidrug-resistant tuberculosis in countries receiving United States bilateral foreign assistance for tuberculosis control programs;
(6) a description of the collaboration and coordination of United States anti-tuberculosis efforts with the World Health Organization, the Global Fund, and other major public and private entities within the Stop TB Strategy;
(7) the constraints on implementation of programs posed by health workforce shortages and capacities;
(8) the number of people trained in tuberculosis control; and
(9) a breakdown of expenditures for direct patient tuberculosis services, drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening, research, and support costs.
(h) DefinitionsIn this section:
(1) DOTSThe term “DOTS” or “Directly Observed Treatment Short-course” means the World Health Organization-recommended strategy for treating tuberculosis including—
(A) low-cost and effective diagnosis, treatment, and monitoring of tuberculosis;
(B) a reliable drug supply;
(C) a management strategy for public health systems;
(D) health system strengthening;
(E) promotion of the use of the International Standards for Tuberculosis Care by all care providers;
(F) bacteriology under an external quality assessment framework;
(G) short-course chemotherapy; and
(H) sound reporting and recording systems.
(2) DOTS-Plus

The term “DOTS-Plus” means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard DOTS strategy, and which takes into account specific issues (such as use of second line anti-tuberculosis drugs) that need to be addressed in areas where there is high prevalence of multi-drug resistant tuberculosis.

(3) Global Alliance for Tuberculosis Drug Development

The term “Global Alliance for Tuberculosis Drug Development” means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries.

(4) Global Tuberculosis Drug Facility

The term “Global Tuberculosis Drug Facility (GDF)” means the new initiative of the Stop Tuberculosis Partnership to increase access to high-quality tuberculosis drugs to facilitate DOTS expansion.

(5) Stop TB Strategy

The term “Stop TB Strategy” means the 6-point strategy to reduce tuberculosis developed by the World Health Organization, which is described in the Global Plan to Stop TB 2006–2015: Actions for Life, a comprehensive plan developed by the Stop TB Partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by 2015.

(6) Stop Tuberculosis Partnership

The term “Stop Tuberculosis Partnership” means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world.

(Pub. L. 87–195, pt. I, § 104B, as added Pub. L. 108–25, title III, § 302(a), May 27, 2003, 117 Stat. 734; amended Pub. L. 110–293, title III, § 302(a)–(e), July 30, 2008, 122 Stat. 2957–2959.)
§ 2151b–4. Assistance to combat malaria
(a) Finding

Congress finds that malaria kills more people annually than any other communicable disease except tuberculosis, that more than 90 percent of all malaria cases are in sub-Saharan Africa, and that children and women are particularly at risk. Congress recognizes that there are cost-effective tools to decrease the spread of malaria and that malaria is a curable disease if promptly diagnosed and adequately treated.

(b) Policy

It is a major objective of the foreign assistance program of the United States to provide assistance for the prevention, control, treatment, and cure of malaria.

(c) Authorization

To carry out this section and consistent with section 2151b(c) of this title, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of malaria.

(d) Coordination

In carrying out this section, the President shall coordinate with the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the Department of Health and Human Services (the Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive malaria control program.

(Pub. L. 87–195, pt. I, § 104C, as added Pub. L. 108–25, title III, § 303(a), May 27, 2003, 117 Stat. 736; amended Pub. L. 110–293, title III, § 303(a), July 30, 2008, 122 Stat. 2960.)
§ 2151c. Education and human resources development
(a) General authority

In order to reduce illiteracy, to extend basic education and to increase manpower training in skills related to development, the President is authorized to furnish assistance on such terms and conditions as he may determine, for education, public administration, and human resource development. There are authorized to be appropriated to the President for the purposes of this section, in addition to funds otherwise available for such purposes, $180,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987, which are authorized to remain available until expended.

(b) Scope of assistance programs

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 the 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 primary level, through reform of curricula, teaching materials, and teaching methods, and improved teacher training; and to strengthen the management capabilities of institutions which enable the poor to participate in development. Assistance under this section shall also be provided for advanced education and training of people of developing countries in such disciplines as are required for planning and implementation of public and private development activities.

(c) Assistance to promote sustainable, quality basic education
(1) DefinitionsIn this subsection:
(A) Basic educationThe term “basic education” includes—
(i) measurable improvements in literacy, numeracy, and other basic skills development that prepare an individual to be an active, productive member of society and the workforce;
(ii) workforce development, vocational training, and digital literacy informed by real market needs and opportunities and that results in measurable improvements in employment;
(iii) programs and activities designed to demonstrably improve—(I) early childhood, preprimary education, primary education, and secondary education, which can be delivered in formal or nonformal education settings; and(II) learning for out-of-school youth and adults; and
(iv) capacity building for teachers, administrators, counselors, and youth workers that results in measurable improvements in student literacy, numeracy, or employment.
(B) Communities of learning

The term “communities of learning” means a holistic approach to education and community engagement in which schools act as the primary resource center for delivery of a service to the community at large, leveraging and maximizing the impact of other development efforts and reducing duplication and waste.

(C) Gender parity in basic education

The term “gender parity in basic education” means that girls and boys have equal access to quality basic education.

(D) Marginalized children and vulnerable groups

The term “marginalized children and vulnerable groups” includes girls, children affected by or emerging from armed conflict or humanitarian crises, children with disabilities, children in remote or rural areas (including those who lack access to safe water and sanitation), religious or ethnic minorities, indigenous peoples, orphans and children affected by HIV/AIDS, child laborers, married adolescents, and victims of trafficking.

(E) National education plan

The term “national education plan” means a comprehensive national education plan developed by partner country governments in consultation with other stakeholders as a means for wide-scale improvement of the country’s education system, including explicit, credible strategies informed by effective practices and standards to achieve quality universal basic education.

(F) Nonformal education

The term “nonformal education” means organized educational activities outside the established formal system, whether operating separately or as an important feature of a broader activity, that are intended to provide students with measurable improvements in literacy, numeracy, and other basic skills development that prepare an individual to be an active, productive member of society and the workforce.

(G) Partner country

The term “partner country” means a developing country that participates in or benefits from basic education programs under this subsection pursuant to the prioritization criteria described in paragraph (4), including level of need, opportunity for impact, and the availability of resources.

(H) Relevant Executive branch agencies and officials

The term “relevant Executive branch agencies and officials” means the Department of State, the United States Agency for International Development, the Department of the Treasury, the Department of Labor, the Department of Education, the Department of Agriculture, and the Department of Defense, the Chief Executive Officer of the Millennium Challenge Corporation, the National Security Advisor, and the Director of the Peace Corps.

(I) Sustainability

The term “sustainability” means, with respect to any basic education program that receives funding pursuant to this section, the ability of a service delivery system, community, partner, or beneficiary to maintain, over time, such basic education program without the use of foreign assistance.

(2) PolicyIn carrying out this section, it shall be the policy of the United States to work with partner countries, as appropriate, other donors, multilateral institutions, the private sector, and nongovernmental and civil society organizations, including faith-based organizations and organizations that represent teachers, students, and parents, to promote sustainable, quality basic education through programs and activities that—
(A) take into consideration and help respond to the needs, capacities, and commitment of developing countries to achieve measurable improvements in literacy, numeracy, and other basic skills development that prepare an individual to be an active, productive member of society and the workforce;
(B) strengthen educational systems, promote communities of learning, as appropriate, expand access to safe learning environments, including by breaking down specific barriers to basic education for women and girls, ensure continuity of education, including in conflict settings, measurably improve teacher skills and learning outcomes, and support the engagement of parents in the education of their children to help partner countries ensure that all children, including marginalized children and other vulnerable groups, have access to and benefit from quality basic education;
(C) promote education as a foundation for sustained economic growth and development within a comprehensive assistance strategy that places partner countries on a trajectory toward graduation from assistance provided under this section with clearly defined benchmarks of success that are used as requirements for related procurement vehicles, such as grants, contracts, and cooperative agreements;
(D) monitor and evaluate the effectiveness and quality of basic education programs in partner countries; and
(E) promote United States values, especially respect for all persons and freedoms of religion, speech, and the press.
(3) PrinciplesIn carrying out the policy referred to in paragraph (2), the United States shall be guided by the following principles of aid effectiveness:
(A) Alignment

Assistance provided under this section to support programs and activities under this subsection shall be aligned with and advance United States foreign policy and economic interests.

(B) Country ownership

To the greatest extent practicable, assistance provided under this section to support programs and activities under this subsection should be aligned with and support the national education plans and country development strategies of partner countries, including activities that are appropriate for and meet the needs of local and indigenous cultures.

(C) Coordination
(i) In general

Assistance provided under this section to support programs and activities under this subsection should be coordinated with and leverage the unique capabilities and resources of local and national governments in partner countries, other donors, multilateral institutions, the private sector, and nongovernmental and civil society organizations, including faith-based organizations and organizations that represent teachers, students, and parents.

(ii) Multilateral programs and initiatives

Assistance provided under this section to support programs and activities under this subsection should be coordinated with and support proven multilateral education programs and financing mechanisms, which may include the Global Partnership for Education, that demonstrate commitment to efficiency, effectiveness, transparency, and accountability.

(D) Efficiency

The President shall seek to improve the efficiency and effectiveness of assistance provided under this section to support programs and activities under this subsection by coordinating the related efforts of relevant Executive branch agencies and officials.

(E) EffectivenessPrograms and activities supported under this subsection—
(i) shall be consistent with the policies and principles set forth in this subsection;
(ii)
(iii) shall include appropriate targets, metrics, and indicators that—(I) move a country along the path to graduation from assistance provided under this subsection; and(II) can be applied with reasonable consistency across such programs and activities to measure progress and outcomes.
(F) Transparency and accountability

Programs and activities supported under this subsection shall be subject to rigorous monitoring and evaluation, which may include impact evaluations, the results of which shall be made publically available in a fully searchable, electronic format.

(4) Priority and other requirementsThe President shall ensure that assistance provided under this section to support programs and activities under this subsection is aligned with the foreign policy and economic interests of the United States and, subject to such alignment, priority is given to developing countries in which—
(A) there is the greatest need and opportunity to expand access to basic education and to improve learning outcomes, including for marginalized and vulnerable groups, particularly women and girls to ensure gender parity in basic education, or populations affected by conflict or crisis;
(B) such assistance can produce a substantial, measurable impact on children and educational systems; and
(C) there is the greatest opportunity to reduce childhood and adolescence exposure to or engagement in violent extremism or extremist ideologies.
(Pub. L. 87–195, pt. I, § 105, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 715; amended Pub. L. 93–559, § 5, Dec. 30, 1974, 88 Stat. 1796; Pub. L. 94–161, title III, § 305, Dec. 20, 1975, 89 Stat. 858; Pub. L. 95–88, title I, § 104, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95–424, title I, § 105, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96–53, title I, §§ 103, 122, Aug. 14, 1979, 93 Stat. 360, 366; Pub. L. 96–533, title III, § 303, Dec. 16, 1980, 94 Stat. 3145; Pub. L. 97–113, title III, § 303, Dec. 29, 1981, 95 Stat. 1532; Pub. L. 99–83, title III, § 306, title XII, § 1211(a)(1), Aug. 8, 1985, 99 Stat. 215, 279; Pub. L. 99–440, title II, § 201(a), Oct. 2, 1986, 100 Stat. 1094; Pub. L. 99–631, § 1(b)(1), Nov. 7, 1986, 100 Stat. 3519; Pub. L. 101–513, title V, § 562(d)(1), Nov. 5, 1990, 104 Stat. 2031; Pub. L. 115–56, div. A, § 3, Sept. 8, 2017, 131 Stat. 1130.)
§ 2151c–1. United States assistance to support educational services for displaced children
(a) In general
The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that—
(1) provide safe primary and secondary education for displaced children;
(2) build the capacity of institutions in countries hosting displaced people to prevent discrimination against displaced children, especially displaced girls, who seek access to such education; and
(3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities responsible for educational or youth services in such host countries.
(b) Coordination with multilateral organizations

The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations to work with governments in other countries to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity, in order to improve the targeting, monitoring, and evaluation of related assistance efforts.

(c) Coordination with private sector and civil society organizations

The Secretary and the Administrator are authorized to work with private sector and civil society organizations to promote safe primary and secondary education for displaced children.

(Pub. L. 115–442, § 5, Jan. 14, 2019, 132 Stat. 5591.)
§ 2151d. Development of indigenous energy resources
(a) Congressional statement of findings
(1)
(A) The Congress finds that energy development and production are vital elements in the development process, that energy shortages in developing countries severely limit the development process in such countries, that two-thirds of the developing countries which import oil depend on it for at least 90 percent of the energy which their economies require, and that the dramatic increase in world oil prices since 1973 has resulted in considerable economic hardship for many developing countries. The Congress is concerned that the value and purpose of much of the assistance provided to developing countries under sections 2151a, 2151b, and 2151c of this title are undermined by the inability of many developing countries to satisfy their energy requirements. Unless the energy deficit of the developing countries can be narrowed by more fully exploiting indigenous sources of energy such as oil, natural gas, and coal, scarce foreign exchange will increasingly have to be diverted to oil imports, primarily to the detriment of long-term development and economic growth.
(B) The Congress recognizes that many developing countries lack access to the financial resources and technology necessary to locate, explore, and develop indigenous energy resources.
(C) The Congress declares that there is potential for at least a moderate increase by 1990 in the production of energy for commercial use in the developing countries which are not members of the Organization of Petroleum Exporting Countries. In addition, there is a compelling need for vigorous efforts to improve the available data on the location, scale, and commercial exploitability of potential oil, natural gas, and coal reserves in developing countries, especially those which are not members of the Organization of Petroleum Exporting Countries. The Congress further declares that there are many benefits to be gained by the developing countries and by the United States and other developed countries through expanded efforts to expedite the location, exploration, and development of potential sources of energy in developing countries. These benefits include, but are not limited to, the following:
(i) The world’s energy supply would be increased and the fear of abrupt depletion would be lessened with new energy production. This could have a positive impact upon energy prices in international markets as well as a positive effect upon the balance of payments problems of many developing countries.
(ii) Diversification of the world’s supplies of energy from fossil fuels would make all countries, developing and developed, less susceptible to supply interruptions and arbitrary production and pricing policies.
(iii) Even a moderate increase in energy production in the developing countries would improve their ability to expand commercial trade, foreign investment, and technology transfer possibilities with the United States and other developed countries.
(D) Assistance for the production of energy from indigenous resources, as authorized by subsection (b) of this section, would be of direct benefit to the poor in developing countries because of the overwhelming impact of imported energy costs upon the lives of the poor and their ability to participate in development.
(2) The Congress also finds that energy production from renewable, decentralized sources and energy conservation are vital elements in the development process. Inadequate access by the poor to energy sources as well as the prospect of depleted fossil fuel reserves and higher energy prices require an enhanced effort to expand the energy resources of developing countries through greater emphasis on renewable sources. Renewable and decentralized energy technologies have particular applicability for the poor, especially in rural areas.
(b) General assistance authority; cooperative programs in energy production and conservation; program goals
(1) In order to help developing countries alleviate their energy problems by improving their ability to use indigenous energy resources to produce the energy needed by their economies, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to enable such countries to prepare for and undertake development of their energy resources. Such assistance may include data collection and analysis, the training of skilled personnel, research on and development of suitable energy sources, and pilot projects to test new methods of energy production.
(2) The President is authorized to furnish assistance under this part for cooperative programs with developing countries in energy production and conservation, through research on and development and use of small-scale, decentralized, renewable energy sources for rural areas carried out as integral parts of rural development efforts in accordance with section 2151a of this title. Such programs shall also be directed toward the earliest practicable development and use of energy technologies which are environmentally acceptable, require minimum capital investment, are most acceptable to and affordable by the people using them, are simple and inexpensive to use and maintain, and are transferable from one region of the world to another. Such programs may include research on and the development, demonstration, and application of suitable energy technologies (including use of wood); analysis of energy uses, needs, and resources; training and institutional development; and scientific interchange.
(c) Administrative coordination of planning and implementation of programs

The agency primarily responsible for administering subchapter I of this chapter and the Department of Energy shall coordinate with one another, to the maximum extent possible, the planning and implementation of energy programs under this part.

(d) Assistance for programs of technical cooperation and development, research, etc.The President is authorized to furnish assistance, on such terms and conditions as he may determine, for the following activities, to the extent that such activities are not authorized by sections 2151a, 2151b, and 2151c of this title:
(1) programs of technical cooperation and development, particularly the development efforts of United States private and voluntary agencies and regional and international development organizations;
(2) 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 development activities, and into the means, techniques, and such other aspects of development assistance as the President may determine in order to render such assistance of increasing value and benefit;
(3) programs of reconstruction following natural or manmade disasters and programs of disaster preparedness, including the prediction of and contingency planning for natural disasters abroad;
(4) 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
(5) programs of urban development, with particular 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 development of their country.
(e) Authorization of appropriationsThere is authorized to be appropriated $2,000,000 for fiscal years 2021 through 2023 to finance cooperative projects among the United States, Israel, and developing countries that identify and support local solutions to address sustainability challenges relating to water resources, agriculture, and energy storage, including—
(1) establishing public-private partnerships;
(2) supporting the identification, research, development testing, and scaling of innovations that focus on populations that are vulnerable to environmental and resource-scarcity crises, such as subsistence farming communities;
(3) seed or transition-to-scale funding;
(4) clear and appropriate branding and marking of United States funded assistance, in accordance with section 2401 of this title; and
(5) accelerating demonstrations or applications of local solutions to sustainability challenges, or the further refinement, testing, or implementation of innovations that have previously effectively addressed sustainability challenges.
(Pub. L. 87–195, pt. I, § 106, as added Pub. L. 94–161, title III, § 306(2), Dec. 20, 1975, 89 Stat. 858; amended Pub. L. 95–88, title I, § 105, Aug. 3, 1977, 91 Stat. 535; Pub. L. 95–424, title I, § 106, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96–53, title I, §§ 104(b), 105, Aug. 14, 1979, 93 Stat. 360, 362; Pub. L. 96–533, title III, § 304(b)–(f), Dec. 16, 1980, 94 Stat. 3146; Pub. L. 97–113, title III, § 304, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 99–83, title III, § 307, title XII, § 1211(a)(2), Aug. 8, 1985, 99 Stat. 215, 279; Pub. L. 116–283, div. A, title XII, § 1278, Jan. 1, 2021, 134 Stat. 3981.)
§ 2151e. Appropriate technology
(a) In carrying out activities under this part, the President shall place special emphasis on the use of relatively smaller, cost-saving, labor-using technologies that are generally most appropriate for the small farms, small businesses, and small incomes of the poor.
(b) Funds made available to carry out this part should be used to the extent practicable for activities in the field of appropriate technology, including support of an expanded and coordinated private effort to promote the development 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.)
§ 2151f. Transferred
§ 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 available for any provision of this part may be transferred 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 authority of sections 2360(a) and 2364(a) of this title may not be used to transfer funds made available 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 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.

(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.)
§ 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 country 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, except 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.)
§ 2151i. Development and use of cooperatives
In order to strengthen the participation of the rural and urban poor in their country’s development, high priority shall be given to increasing the use of funds made available under this chapter for technical and capital assistance in the development and use of cooperatives in the less developed countries which will enable and encourage 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 cooperatives for farm supplies, marketing and value-added processing.

(2) Financial systems

The promotion of national credit union systems through credit union-to-credit union technical assistance that strengthens the ability of low income people and micro-entrepreneurs to save and to have access to credit for their own economic advancement.

(3) Infrastructure

The support of rural electric and telecommunication 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 cooperatives which provide employment opportunities and important services such as health clinics, self-help shelter, environmental improvements, group-owned businesses, and other activities.

(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.)
§ 2151j. Repealed. Pub. L. 93–559, § 30(b), Dec. 30, 1974, 88 Stat. 1804
§ 2151k. Integrating women into national economies; report
(a) Particular programs, projects, and activities

In recognition of the fact that women in developing countries play a significant role in economic production, family support, and the overall development process of the national economies of such countries, subchapter I of this chapter shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of developing countries, thus improving their status and assisting the total development effort.

(b) Assistance to encourage participation and integration of women; prohibition against separate assistance program for women
(1) Up to $10,000,000 of the funds made available each fiscal year under this part and part X of this subchapter shall be used, in addition to funds otherwise available for such purposes, for assistance on such terms and conditions as the President may determine to encourage and promote the participation and integration of women as equal partners in the development process in the developing countries. These funds shall be used primarily to support activities which will increase the economic productivity and income earning capacity of women.
(2) Nothing in this section shall be construed to authorize the establishment of a separate development assistance program for women.
(c) Funds for United Nations Decade for Women

Not less than $500,000 of the funds made available under this part for the fiscal year 1982 shall be expended on international programs which support the original goals of the United Nations Decade for Women.

(Pub. L. 87–195, pt. I, § 113, as added Pub. L. 93–189, § 2(3), Dec. 17, 1973, 87 Stat. 716; amended Pub. L. 94–161, title III, § 309, Dec. 20, 1975, 89 Stat. 860; Pub. L. 95–88, title I, § 108, Aug. 3, 1977, 91 Stat. 536; Pub. L. 95–424, title I, § 108, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96–53, title I, § 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 97–113, title III, § 305, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 101–513, title V, § 562(d)(2), Nov. 5, 1990, 104 Stat. 2031.)
§§ 2151l, 2151m. Repealed. Pub. L. 95–424, title I, §§ 102(f), 104(b), Oct. 6, 1978, 92 Stat. 942, 947
§ 2151n. Human rights and development assistance
(a) Violations barring assistance; assistance for needy people

No assistance may be provided under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title, 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, causing the disappearance of persons by the abduction and clandestine detention of those persons, 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.

(b)1
1 So in original. Two subsecs. (b) have been enacted.
Information to Congressional committees for realization of assistance for needy people; concurrent resolution terminating assistance

No assistance may be provided under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title, to any government failing to take appropriate and adequate measures, within their means, to protect children from exploitation, abuse or forced conscription into military or paramilitary services.

(b)1 Protection of children from exploitation

No assistance may be provided under subchapter I of this chapter, and no support may be provided under subchapter II of chapter 103 of this title, to any government failing to take appropriate and adequate measures, within their means, to protect children from exploitation, abuse or forced conscription into military or paramilitary services.

(c) Factors consideredIn determining whether or not a government falls within the provisions of subsection (a) and in formulating development assistance programs under subchapter I of this chapter, or support provided under subchapter II of chapter 103 of this title, the Administrator, or the Chief Executive Officer of the United States International Development Finance Corporation, as applicable, shall consider, in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor and in consultation with the Ambassador at Large for International Religious Freedom—
(1) the extent of cooperation of such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States;
(2) specific actions which have been taken by the President or the Congress relating to multilateral or security assistance to a less developed country because of the human rights practices or policies of such country; and
(3) whether the government—
(A) has engaged in or tolerated particularly severe violations of religious freedom, as defined in section 6402 of this title; or
(B) has failed to undertake serious and sustained efforts to combat particularly severe violations of religious freedom (as defined in section 6402 of this title), when such efforts could have been reasonably undertaken.
(d) Report to Speaker of House and Committee on Foreign Relations of the SenateThe Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 25 of each year, a full and complete report regarding—
(1) the status of internationally recognized human rights, within the meaning of subsection (a)—
(A) in countries that receive assistance under subchapter I of this chapter, and
(B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this chapter;
(2) wherever applicable, practices regarding coercion in population control, including coerced abortion and involuntary sterilization;
(3) the status of child labor practices in each country, including—
(A) whether such country has adopted policies to protect children from exploitation in the workplace, including a prohibition of forced and bonded labor and policies regarding acceptable working conditions; and
(B) the extent to which each country enforces such policies, including the adequacy of the resources and oversight dedicated to such policies;
(4) the votes of each member of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission’s annual session during the period covered during the preceding year;
(5) the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement;
(6) the steps the Administrator has taken to alter United States programs under subchapter I of this chapter in any country because of human rights considerations;
(7) wherever applicable, violations of religious freedom, including particularly severe violations of religious freedom (as defined in section 6402 of this title);
(8) wherever applicable, a description of the nature and extent of acts of anti-Semitism and anti-Semitic incitement that occur during the preceding year, including descriptions of—
(A) acts of physical violence against, or harassment of 2
2 So in original. Probably should be followed by a comma.
Jewish people, and acts of violence against, or vandalism of 2 Jewish community institutions, including schools, synagogues, and cemeteries;
(B) instances of propaganda in government and nongovernment media that attempt to justify or promote racial hatred or incite acts of violence against Jewish people;
(C) the actions, if any, taken by the government of the country to respond to such violence and attacks or to eliminate such propaganda or incitement;
(D) the actions taken by such government to enact and enforce laws relating to the protection of the right to religious freedom of Jewish people; and
(E) the efforts of such government to promote anti-bias and tolerance education;
(9) wherever applicable, consolidated information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide (as defined in article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide and modified by the United States instrument of ratification to that convention and section 2(a) of the Genocide Convention Implementation Act of 1987);
(10) for each country with respect to which the report indicates that extrajudicial killings, torture, or other serious violations of human rights have occurred in the country, the extent to which the United States has taken or will take action to encourage an end to such practices in the country;
(11)
(A) wherever applicable, a description of the nature and extent—
(i) of the compulsory recruitment and conscription of individuals under the age of 18 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups, and the participation of such individuals in such groups; and
(ii) that such individuals take a direct part in hostilities;
(B) what steps, if any, taken by the government of the country to eliminate such practices;
(C) such other information related to the use by such government of individuals under the age of 18 as soldiers, as determined to be appropriate by the Secretary; and
(12) wherever applicable—
(A) a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;
(B) an identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups; and
(C) in countries where there are particularly severe violations of freedom of the press—
(i) whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; and
(ii) what steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists.
(e) Promotion of civil and political rights

The President is authorized and encouraged to use not less than $3,000,000 of the funds made available under this part, part X of this subchapter, and part IV of subchapter II of this chapter for each fiscal year for studies to identify, and for openly carrying out programs and activities which will encourage or promote increased adherence to civil and political rights, including the right to free religious belief and practice, as set forth in the Universal Declaration of Human Rights, in countries eligible for assistance under this part or under part X of this subchapter, except that funds made available under part X of this subchapter may only be used under this subsection with respect to countries in sub-Saharan Africa. None of these funds may be used, directly or indirectly, to influence the outcome of any election in any country.

(f) Annual country reports on human rights practices
(1) The report required by subsection (d) shall include the following:
(A) A description of the nature and extent of severe forms of trafficking in persons, as defined in section 7102 of this title, in each foreign country.
(B) With respect to each country that is a country of origin, transit, or destination for victims of severe forms of trafficking in persons, an assessment of the efforts by the government of that country to combat such trafficking. The assessment shall address the following:
(i) Whether government authorities in that country participate in, facilitate, or condone such trafficking.
(ii) Which government authorities in that country are involved in activities to combat such trafficking.
(iii) What steps the government of that country has taken to prohibit government officials from participating in, facilitating, or condoning such trafficking, including the investigation, prosecution, and conviction of such officials.
(iv) What steps the government of that country has taken to prohibit other individuals from participating in such trafficking, including the investigation, prosecution, and conviction of individuals involved in severe forms of trafficking in persons, the criminal and civil penalties for such trafficking, and the efficacy of those penalties in eliminating or reducing such trafficking.
(v) What steps the government of that country has taken to assist victims of such trafficking, including efforts to prevent victims from being further victimized by traffickers, government officials, or others, grants of relief from deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter.
(vi) Whether the government of that country is cooperating with governments of other countries to extradite traffickers when requested, or, to the extent that such cooperation would be inconsistent with the laws of such country or with extradition treaties to which such country is a party, whether the government of that country is taking all appropriate measures to modify or replace such laws and treaties so as to permit such cooperation.
(vii) Whether the government of that country is assisting in international investigations of transnational trafficking networks and in other cooperative efforts to combat severe forms of trafficking in persons.
(viii) Whether the government of that country refrains from prosecuting victims of severe forms of trafficking in persons due to such victims having been trafficked, and refrains from other discriminatory treatment of such victims.
(ix) Whether the government of that country recognizes the rights of victims of severe forms of trafficking in persons and ensures their access to justice.
(C) Such other information relating to trafficking in persons as the Secretary of State considers appropriate.
(2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations and other appropriate nongovernmental organizations.
(g) Child marriage status
(1) In general

The report required under subsection (d) shall include, for each country in which child marriage is prevalent, a description of the status of the practice of child marriage in such country.

(2) Defined termIn this subsection, the term “child marriage” means the marriage of a girl or boy who is—
(A) younger than the minimum age for marriage under the laws of the country in which such girl or boy is a resident; or
(B) younger than 18 years of age, if no such law exists.
(Pub. L. 87–195, pt. I, § 116, as added Pub. L. 94–161, title III, § 310, Dec. 20, 1975, 89 Stat. 860; amended Pub. L. 95–88, title I, § 111, Aug. 3, 1977, 91 Stat. 537; Pub. L. 95–105, title I, § 109(a)(2), Aug. 17, 1977, 91 Stat. 846; Pub. L. 95–424, title I, § 109, Oct. 6, 1978, 92 Stat. 947; Pub. L. 96–53, title I, § 106, title V, § 504(a), Aug. 14, 1979, 93 Stat. 362, 378; Pub. L. 96–533, title III, § 305, title VII, § 701(a), Dec. 16, 1980, 94 Stat. 3147, 3156; Pub. L. 97–113, title III, § 306, Dec. 29, 1981, 95 Stat. 1533; Pub. L. 98–164, title X, § 1002(a), Nov. 22, 1983, 97 Stat. 1052; Pub. L. 99–440, title II, § 202, Oct. 2, 1986, 100 Stat. 1095; Pub. L. 99–631, § 1(b)(2), Nov. 7, 1986, 100 Stat. 3519; Pub. L. 100–204, title I, § 127(1), Dec. 22, 1987, 101 Stat. 1342; Pub. L. 101–513, title V, §§ 562(d)(3), 599D, Nov. 5, 1990, 104 Stat. 2031, 2066; Pub. L. 103–149, § 4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505; Pub. L. 103–236, title I, § 162(e)(1), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103–437, § 9(a)(6), Nov. 2, 1994, 108 Stat. 4588; Pub. L. 104–319, title II, § 201(a), Oct. 19, 1996, 110 Stat. 3866; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2216, Oct. 21, 1998, 112 Stat. 2681–815; Pub. L. 105–292, title I, § 102(d)(1), title IV, § 421(a), title V, § 501(b), Oct. 27, 1998, 112 Stat. 2794, 2809, 2811; Pub. L. 106–113, div. B, §§ 1000(a)(2) [title V, § 597], 1000(a)(7) [div. A, title VIII, § 806(a)], Nov. 29, 1999, 113 Stat. 1535, 1536, 1501A–126, 1501A–471; Pub. L. 106–386, div. A, § 104(a), Oct. 28, 2000, 114 Stat. 1471; Pub. L. 107–228, div. A, title VI, §§ 665(a), 683(a), Sept. 30, 2002, 116 Stat. 1406, 1410; Pub. L. 108–332, § 6(a)(1), Oct. 16, 2004, 118 Stat. 1285; Pub. L. 111–166, § 2(1), May 17, 2010, 124 Stat. 1186; Pub. L. 113–4, title XII, § 1207(b)(1), Mar. 7, 2013, 127 Stat. 141; Pub. L. 115–254, div. F, title VI, § 1470(j)(1), Oct. 5, 2018, 132 Stat. 3516.)
§ 2151n–1. Repealed. Pub. L. 103–236, title I, § 139(4), Apr. 30, 1994, 108 Stat. 397
§ 2151n–2. Human Rights and Democracy Fund
(a) Establishment of Fund

There is established a Human Rights and Democracy Fund (in this section referred to as the “Fund”) to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor.

(b) Purposes of Fund
The purposes of the Fund shall be—
(1) to support defenders of human rights;
(2) to assist the victims of human rights violations;
(3) to respond to human rights emergencies;
(4) to promote and encourage the growth of democracy, including the support for nongovernmental organizations in foreign countries; and
(5) to carry out such other related activities as are consistent with paragraphs (1) through (4).
(c) Funding
(1) In general

Of the amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2346 et seq.] for fiscal year 2003, $21,500,000 is authorized to be available to the Fund for carrying out the purposes described in subsection (b). Amounts made available to the Fund under this paragraph shall also be deemed to have been made available under section 116(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(e)).

(2) Allocation of funds for the Documentation Center of Cambodia

Of the amount authorized to be available to the Fund under paragraph (1) for fiscal year 2003, $1,000,000 is authorized to be available for the Documentation Center of Cambodia for the purpose of collecting, cataloguing, and disseminating information about the atrocities committed by the Khmer Rouge against the Cambodian people.

(3) Father John Kaiser Memorial Fund

Of the amount authorized to be available to the Fund under paragraph (1) for fiscal year 2003, $500,000 is authorized to be available to advance the extraordinary work and values of Father John Kaiser with respect to solving ethnic conflict and promoting government accountability and respect for human rights. The amount made available under this paragraph may be referred to as the “Father John Kaiser Memorial Fund”.

(Pub. L. 107–228, div. A, title VI, § 664, Sept. 30, 2002, 116 Stat. 1406.)
§ 2151o. Repealed. Pub. L. 103–149, § 4(a)(3)(B), Nov. 23, 1993, 107 Stat. 1505
§ 2151p. Environmental and natural resources
(a) Congressional statement of findings

The Congress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. The Congress also finds that the world faces enormous, urgent, and complex problems, with respect to natural resources, which require new forms of cooperation between the United States and developing countries to prevent such problems from becoming unmanageable. It is, therefore, in the economic and security interest of the United States to provide leadership both in thoroughly reassessing policies relating to natural resources and the environment, and in cooperating extensively with developing countries in order to achieve environmentally sound development.

(b) Assistance authority and emphasis

In order to address the serious problems described in subsection (a), the President is authorized to furnish assistance under subchapter I of this chapter for developing and strengthening the capacity of developing countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible to restore the land, vegetation, water, wildlife, and other resources upon which depend economic growth and human well-being, especially of the poor.

(c) Implementation considerations applicable to programs and projects
(1) The President, in implementing programs and projects under this part and part X of this subchapter, shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. Subject to such procedures as the President considers appropriate, the President shall require all agencies and officials responsible for programs or projects under this part and part X of this subchapter—
(A) to prepare and take fully into account an environmental impact statement for any program or project under this part and part X of this subchapter significantly affecting the environment of the global commons outside the jurisdiction of any country, the environment of the United States, or other aspects of the environment which the President may specify; and
(B) to prepare and take fully into account an environmental assessment of any proposed program or project under this part and part X of this subchapter significantly affecting the environment of any foreign country.
Such agencies and officials should, where appropriate, use local technical resources in preparing environmental impact statements and environmental assessments pursuant to this subsection.
(2) The President may establish exceptions from the requirements of this subsection for emergency conditions and for cases in which compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States.
(Pub. L. 87–195, pt. I, § 117, formerly § 118, as added Pub. L. 95–88, title I, § 113(a), Aug. 3, 1977, 91 Stat. 537; amended Pub. L. 95–424, title I, § 110, Oct. 6, 1978, 92 Stat. 948; Pub. L. 96–53, title I, § 122, Aug. 14, 1979, 93 Stat. 366; Pub. L. 97–113, title III, § 307, Dec. 29, 1981, 95 Stat. 1533; renumbered § 117 and amended Pub. L. 99–529, title III, § 301(1), (2), Oct. 24, 1986, 100 Stat. 3014; Pub. L. 101–513, title V, § 562(d)(4), Nov. 5, 1990, 104 Stat. 2031.)
§ 2151p–1. Tropical forests
(a) Importance of forests and tree coverIn enacting section 2151a(b)(3) of this title the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating alteration, destruction, and loss of tropical forests in developing countries, which pose a serious threat to development and the environment. Tropical forest destruction and loss—
(1) result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and
(2) can result in desertification and destabilization of the earth’s climate.
Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as well as genetic resources of value to developed and developing countries alike.
(b) PrioritiesThe concerns expressed in subsection (a) and the recommendations of the United States Interagency Task Force on Tropical Forests shall be given high priority by the President—
(1) in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to private sector activities; and
(2) in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries.
(c) Assistance to developing countriesIn providing assistance to developing countries, the President shall do the following:
(1) Place a high priority on conservation and sustainable management of tropical forests.
(2) To the fullest extent feasible, engage in dialogues and exchanges of information with recipient countries—
(A) which stress the importance of conserving and sustainably managing forest resources for the long-term economic benefit of those countries, as well as the irreversible losses associated with forest destruction, and
(B) which identify and focus on policies of those countries which directly or indirectly contribute to deforestation.
(3) To the fullest extent feasible, support projects and activities—
(A) which offer employment and income alternatives to those who otherwise would cause destruction and loss of forests, and
(B)
(4) To the fullest extent feasible, support training programs, educational efforts, and the establishment or strengthening of institutions which increase the capacity of developing countries to formulate forest policies, engage in relevant land-use planning, and otherwise improve the management of their forests.
(5) To the fullest extent feasible, help end destructive slash-and-burn agriculture by supporting stable and productive farming practices in areas already cleared or degraded and on lands which inevitably will be settled, with special emphasis on demonstrating the feasibility of agroforestry and other techniques which use technologies and methods suited to the local environment and traditional agricultural techniques and feature close consultation with and involvement of local people.
(6) To the fullest extent feasible, help conserve forests which have not yet been degraded, by helping to increase production on lands already cleared or degraded through support of reforestation, fuelwood, and other sustainable forestry projects and practices, making sure that local people are involved at all stages of project design and implementation.
(7) To the fullest extent feasible, support projects and other activities to conserve forested watersheds and rehabilitate those which have been deforested, making sure that local people are involved at all stages of project design and implementation.
(8) To the fullest extent feasible, support training, research, and other actions which lead to sustainable and more environmentally sound practices for timber harvesting, removal, and processing, including reforestation, soil conservation, and other activities to rehabilitate degraded forest lands.
(9) To the fullest extent feasible, support research to expand knowledge of tropical forests and identify alternatives which will prevent forest destruction, loss, or degradation, including research in agroforestry, sustainable management of natural forests, small-scale farms and gardens, small-scale animal husbandry, wider application of adopted traditional practices, and suitable crops and crop combinations.
(10) To the fullest extent feasible, conserve biological diversity in forest areas by—
(A) supporting and cooperating with United States Government agencies, other donors (both bilateral and multilateral), and other appropriate governmental, intergovernmental, and nongovernmental organizations in efforts to identify, establish, and maintain a representative network of protected tropical forest ecosystems on a worldwide basis;
(B) whenever appropriate, making the establishment of protected areas a condition of support for activities involving forest clearance or degradation; and
(C) helping developing countries identify tropical forest ecosystems and species in need of protection and establish and maintain appropriate protected areas.
(11) To the fullest extent feasible, engage in efforts to increase the awareness of United States Government agencies and other donors, both bilateral and multilateral, of the immediate and long-term value of tropical forests.
(12) To the fullest extent feasible, utilize the resources and abilities of all relevant United States Government agencies.
(13) Require that any program or project under this part significantly affecting tropical forests (including projects involving the planting of exotic plant species)—
(A) be based upon careful analysis of the alternatives available to achieve the best sustainable use of the land, and
(B) take full account of the environmental impacts of the proposed activities on biological diversity,
as provided for in the environmental procedures of the Agency for International Development.
(14) Deny assistance under this part for—
(A) the procurement or use of logging equipment, unless an environmental assessment indicates that all timber harvesting operations involved will be conducted in an environmentally sound manner which minimizes forest destruction and that the proposed activity will produce positive economic benefits and sustainable forest management systems; and
(B) actions which significantly degrade national parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas.
(15) Deny assistance under this part for the following activities unless an environmental assessment indicates that the proposed activity will contribute significantly and directly to improving the livelihood of the rural poor and will be conducted in an environmentally sound manner which supports sustainable development:
(A) Activities which would result in the conversion of forest lands to the rearing of livestock.
(B) The construction, upgrading, or maintenance of roads (including temporary haul roads for logging or other extractive industries) which pass through relatively undegraded forest lands.
(C) The colonization of forest lands.
(D) The construction of dams or other water control structures which flood relatively undegraded forest lands.
(d) PVOs and other nongovernmental organizations

Whenever feasible, the President shall accomplish the objectives of this section through projects managed by private and voluntary organizations or international, regional, or national nongovernmental organizations which are active in the region or country where the project is located.

(e) Country analysis requirementsEach country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—
(1) the actions necessary in that country to achieve conservation and sustainable management of tropical forests, and
(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified.
(f) Annual report

Each annual report required by section 2394(a) of this title shall include a report on the implementation of this section.

(Pub. L. 87–195, pt. I, § 118, as added Pub. L. 99–529, title III, § 301(3), Oct. 24, 1986, 100 Stat. 3014.)
§ 2151q. Endangered species
(a) Congressional findings and purposes

The Congress finds the survival of many animal and plant species is endangered by over-hunting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. The Congress further finds that the extinction of animal and plant species is an irreparable loss with potentially serious environmental and economic consequences for developing and developed countries alike. Accordingly, the preservation of animal and plant species through the regulation of the hunting and trade in endangered species, through limitations on the pollution of natural ecosystems, and through the protection of wildlife habitats should be an important objective of the United States development assistance.

(b) Remedial measures

In order to preserve biological diversity, the President is authorized to furnish assistance under subchapter I of this chapter, notwithstanding section 2420 of this title, to assist countries in protecting and maintaining wildlife habitats and in developing sound wildlife management and plant conservation programs. Special efforts should be made to establish and maintain wildlife sanctuaries, reserves, and parks; to enact and enforce anti-poaching measures; and to identify, study, and catalog animal and plant species, especially in tropical environments.

(c) Funding level

For fiscal year 1987, not less than $2,500,000 of the funds available to carry out subchapter I of this chapter (excluding funds made available to carry out section 2151b(c)(2) of this title, relating to the Child Survival Fund) shall be allocated for assistance pursuant to subsection (b) for activities which were not funded prior to fiscal year 1987. In addition, the Agency for International Development shall, to the fullest extent possible, continue and increase assistance pursuant to subsection (b) for activities for which assistance was provided in fiscal years prior to fiscal year 1987.

(d) Country analysis requirements
Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of—
(1) the actions necessary in that country to conserve biological diversity, and
(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified.
(e) Local involvement

To the fullest extent possible, projects supported under this section shall include close consultation with and involvement of local people at all stages of design and implementation.

(f) PVOs and other nongovernmental organizations

Whenever feasible, the objectives of this section shall be accomplished through projects managed by appropriate private and voluntary organizations, or international, regional, or national nongovernmental organizations, which are active in the region or country where the project is located.

(g) Actions by AID
The Administrator of the Agency for International Development shall—
(1) cooperate with appropriate international organizations, both governmental and nongovernmental;
(2) look to the World Conservation Strategy as an overall guide for actions to conserve biological diversity;
(3) engage in dialogues and exchanges of information with recipient countries which stress the importance of conserving biological diversity for the long-term economic benefit of those countries and which identify and focus on policies of those countries which directly or indirectly contribute to loss of biological diversity;
(4) support training and education efforts which improve the capacity of recipient countries to prevent loss of biological diversity;
(5) whenever possible, enter into long-term agreements in which the recipient country agrees to protect ecosystems or other wildlife habitats recommended for protection by relevant governmental or nongovernmental organizations or as a result of activities undertaken pursuant to paragraph (6), and the United States agrees to provide, subject to obtaining the necessary appropriations, additional assistance necessary for the establishment and maintenance of such protected areas;
(6) support, as necessary and in cooperation with the appropriate governmental and nongovernmental organizations, efforts to identify and survey ecosystems in recipient countries worthy of protection;
(7) cooperate with and support the relevant efforts of other agencies of the United States Government, including the United States Fish and Wildlife Service, the National Park Service, the Forest Service, and the Peace Corps;
(8) review the Agency’s environmental regulations and revise them as necessary to ensure that ongoing and proposed actions by the Agency do not inadvertently endanger wildlife species or their critical habitats, harm protected areas, or have other adverse impacts on biological diversity (and shall report to the Congress within a year after October 24, 1986, on the actions taken pursuant to this paragraph);
(9) ensure that environmental profiles sponsored by the Agency include information needed for conservation of biological diversity; and
(10) deny any direct or indirect assistance under this part for actions which significantly degrade national parks or similar protected areas or introduce exotic plants or animals into such areas.
(h) Annual reports

Each annual report required by section 2394(a) of this title shall include, in a separate volume, a report on the implementation of this section.

(Pub. L. 87–195, pt. I, § 119, as added Pub. L. 98–164, title VII, § 702, Nov. 22, 1983, 97 Stat. 1045; amended Pub. L. 99–529, title III, § 302, Oct. 24, 1986, 100 Stat. 3017; Pub. L. 101–167, title V, § 533(d)(4)(A), Nov. 21, 1989, 103 Stat. 1227.)
§ 2151r. Sahel development program; planning
(a) Congressional support

The Congress reaffirms its support of the initiative of the United States Government in undertaking consultations and planning with the countries concerned, with other nations providing assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and support 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 program;
(2) seek greater participation and support by African countries and organizations in determining 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.)
§ 2151s. Repealed. Pub. L. 101–513, title V, § 562(d)(5), Nov. 5, 1990, 104 Stat. 2031
§ 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 assistance, on such terms and conditions as he may determine, to countries and areas through programs of grant and loan assistance, bilaterally or through regional, multilateral, or private entities.

(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 economic development of countries and areas, with emphasis upon assisting long-range plans and programs designed to develop economic resources 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 circumstances 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 following 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 institutions in United States; limitation on amounts

Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this part may be used for assistance, on such terms and conditions as the President may determine, to research and educational institutions in the United States for the purpose of strengthening their capacity to develop and carry out programs concerned with the economic 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, establish standards and criteria for lending operations 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.)
§ 2151t–1. Establishment of program
(a) In general
In carrying out part I of the Foreign Assistance 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 regulations.
(b) Participation of other agencies
The Administrator of the United States Agency 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 international protection of intellectual property, including implementation of international agreements containing high levels of protection of intellectual property; and
(3) shall consult with the heads of such other agencies in determining which foreign countries will receive assistance under this section.
(Pub. L. 103–392, title V, § 501, Oct. 22, 1994, 108 Stat. 4103.)
§ 2151u. Private and voluntary organizations and cooperatives in overseas development
(a) Congressional finding of importance of participation by private and voluntary organizations

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 activities 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, constitute an important means of mobilizing private 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 cooperatives expand their overseas development efforts without compromising their private and independent nature. The Congress further declares that the financial resources of such organizations and cooperatives should be supplemented by the contribution of public funds for the purpose of undertaking development activities in accordance with the principles set forth in section 2151–1 of this title and, if necessary and determined on a case-by-case basis, for the purpose of sharing the cost of developing programs related to such activities. The Congress urges the Administrator of the agency primarily responsible for administering subchapter I of this chapter, in implementing programs authorized under subchapter I of this chapter, to draw on the resource of private and voluntary organizations and cooperatives to plan and carry out development activities and to establish simplified procedures for the development and approval of programs to be carried out by such private and voluntary organizations and cooperatives as have demonstrated a capacity to undertake effective development activities.

(b) Payment of transportation charges on shipments by American National Red Cross and United States voluntary agencies

In order to further the efficient use of United States voluntary contributions for development, relief, and rehabilitation of friendly peoples, the President is authorized to use funds made available for the purposes of this part and part X of this subchapter to pay transportation charges on shipments by the American National Red Cross and by United States voluntary agencies registered with the Agency for International Development.

(c) Reimbursement for transportation charges

Reimbursement under this section may be provided for transportation charges on shipments from United States ports, or in the case of excess or surplus property supplied by the United States from foreign ports, to ports of entry abroad or to points of entry abroad in cases (1) of landlocked countries, (2) where ports cannot be used effectively because of natural or other disturbances, (3) where carriers to a specified country are unavailable, or (4) where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports.

(d) Arrangements with receiving country for free entry of shipments and for availability of local currency to defray transportation costs

Where practicable, the President shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee.

(e) Continuation of support for programs in countries antedating prohibitions on assistance; national interest considerations; report to Congress

Prohibitions on assistance to countries contained in this chapter or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering subchapter I of this chapter in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation.

(f) Funds for private and voluntary organizations

For each of the fiscal years 1986 through 1989, funds in an amount not less than thirteen and one half percent of the aggregate amount appropriated for that fiscal year to carry out sections 2151a(a), 2151b(b), 2151b(c), 2151c, 2151d, 2151s,1

1 See References in Text note below.
and 2292 of this title shall be made available for the activities of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than 16 percent of such aggregate amount for the activities of private and voluntary organizations. Funds made available under part IV of subchapter II of this chapter for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.

(g) Repealed. Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156
(h) Promotion of democratic cooperatives

The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this part shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.

(Pub. L. 87–195, pt. I, § 123, as added Pub. L. 95–424, title I, § 102(e), Oct. 6, 1978, 92 Stat. 941; amended Pub. L. 96–53, title I, § 121, Aug. 14, 1979, 93 Stat. 366; Pub. L. 96–533, title III, § 307, Dec. 16, 1980, 94 Stat. 3147; Pub. L. 97–113, title III, § 309, Dec. 29, 1981, 95 Stat. 1535; Pub. L. 99–83, title III, §§ 309, 310, Aug. 8, 1985, 99 Stat. 215; Pub. L. 101–513, title V, § 562(d)(6), Nov. 5, 1990, 104 Stat. 2031; Pub. L. 105–277, div. A, § 101(d) [title II], Oct. 21, 1998, 112 Stat. 2681–150, 2681–156.)
§ 2151v. Aid to relatively least developed countries
(a) Characterization of least developed countries

Relatively least developed countries (as determined on the basis of criteria comparable to those used for the United Nations General Assembly list of “least developed countries”) are characterized by extreme poverty, very limited infrastructure, and limited administrative capacity 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 authorized and encouraged to make assistance under this part available on a grant basis to the maximum extent that is consistent with the attainment of United States development objectives.

(c) Waiver of principal and interest on prior liability
(1) The Congress recognizes that the relatively least developed countries have virtually no access to private international capital markets. Insofar as possible, prior assistance terms should be consistent with present grant assistance terms for relatively least developed countries. 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 financial resources and the commitment of the country 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 otherwise 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 developed country, with the concurrence of the Administrator of the agency primarily responsible 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 country under subchapter I of this chapter (or any predecessor legislation) if the President determines 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 currency accounts under this subsection in any fiscal 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 legislation for development assistance programs. Amounts due and payable during fiscal year 1981 to the United States from relatively least developed countries on loans made under this subchapter (or any predecessor legislation) are authorized to be approved for use, in accordance with the provisions of paragraph (1) of this subsection, 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 developed countries.

(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.)
§ 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 assessment 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 establishing 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.)
§ 2151x. Development and illicit narcotics production
(a)

The Congress recognizes that illicit narcotics cultivation is related to overall development problems and that the vast majority of all individuals employed in the cultivation of illicit narcotics reside in the developing countries and are among the poorest of the poor in those countries and that therefore the ultimate success of any effort to eliminate illicit narcotics production 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 narcotics control efforts.

(b) Program planning priorities; resource utilization
(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 cultivation, the agency primarily responsible for administering subchapter I of this chapter should give priority consideration to programs which would help reduce illicit narcotics cultivation by stimulating broader development opportunities.
(2) The agency primarily responsible for administering subchapter I of this chapter may utilize resources for activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.
(c) Administrative requirements

In furtherance of the purposes of this section, the agency primarily responsible for administering subchapter I of this chapter shall cooperate fully with, and share its expertise in development matters with, other agencies of the United States Government involved in narcotics control activities abroad.

(Pub. L. 87–195, pt. I, § 126, as added Pub. L. 96–53, title I, § 110, Aug. 14, 1979, 93 Stat. 363; amended Pub. L. 99–83, title VI, § 603, Aug. 8, 1985, 99 Stat. 228; Pub. L. 101–513, title V, § 562(d)(7), Nov. 5, 1990, 104 Stat. 2031.)
§ 2151x–1. Assistance for agricultural and industrial alternatives to narcotics production
(a) Waiver of restrictions

For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide assistance to a foreign country under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) and chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund) to promote the production, processing, or the marketing of products or commodities, notwithstanding any other provision of law that would otherwise prohibit the provision of assistance to promote the production, processing, or the marketing of such products or commodities.

(b) Effective date

Subsection (a) applies with respect to funds made available for fiscal year 1991 or any fiscal year thereafter.

(Pub. L. 101–623, § 6, Nov. 21, 1990, 104 Stat. 3355.)
§ 2151x–2. Assistance in furtherance of narcotics control objectives of United States
(a) Waiver of certain restrictions

For the purpose of reducing dependence upon the production of crops from which narcotic and psychotropic drugs are derived, the President may provide economic assistance for a country which, because of its coca production, is a major illicit drug producing country (as defined in section 481(i)(2) 1

1 See References in Text note below.
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(i)(2))) to promote the production, processing, or the marketing of products which can be economically produced in such country, notwithstanding the provisions of law described in subsection (b) of this section.

(b) Description of restrictions waived

The provisions of law made inapplicable by subsection (a) are any other provisions of law that would otherwise restrict the use of economic assistance funds with respect to the production, processing, or marketing of agricultural commodities (or the products thereof) or other products, including sections 521, 546, and 547 (but excluding section 510) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, and comparable provisions of subsequent Acts appropriating funds for foreign operations, export financing, and related programs.

(c) “Economic assistance” defined

As used in this section, the term “economic assistance” means assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) and assistance under chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund).

(Pub. L. 101–624, title XV, § 1544, Nov. 28, 1990, 104 Stat. 3695.)
§ 2151y. Accelerated loan repayments; annual review of countries with bilateral concessional loan balances; priority of determinations respecting negotiations with countries having balances; criteria for determinations

The Administrator of the agency primarily responsible for administering subchapter I of this chapter shall conduct an annual review of bilateral concessional loan balances and shall determine and identify those countries whose financial resources make possible accelerated loan repayments. In particular, European countries that were recipients of concessional loans by predecessor agencies to the agency primarily responsible for administering subchapter I of this chapter shall be contacted to negotiate accelerated repayments. The criteria used by the Administrator in making these determinations shall be established in conjunction with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

(Pub. L. 87–195, pt. I, § 127, as added Pub. L. 96–53, title V, § 508(a), Aug. 14, 1979, 93 Stat. 379.)
§ 2151z. Targeted assistance
(a) Determination of target populations and strengthening United States assistance

The President shall use poverty measurement standards, such as those developed by the International Bank for Reconstruction and Development, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assistance under this part directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty.

(b) Ultimate beneficiaries of activities

To the maximum extent possible, activities under this part that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority.

(Pub. L. 87–195, pt. I, § 128, as added Pub. L. 97–377, title I, § 101(b)(2), Dec. 21, 1982, 96 Stat. 1832; amended Pub. L. 99–83, title III, § 312(a), Aug. 8, 1985, 99 Stat. 216.)
§ 2151aa. Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries
(a) Establishment of program
(1) In general

Not later than 150 days after October 21, 1998, the Secretary of the Treasury, after consultation with the Secretary of State and the Administrator of the United States Agency for International Development, is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries.

(2) Role of Secretary of State

The Secretary of State shall provide foreign policy guidance to the Secretary to ensure that the program established under this subsection is effectively integrated into the foreign policy of the United States.

(b) Conduct of program
(1) In general

In carrying out the program established under subsection (a), the Secretary shall provide economic and financial technical assistance to foreign governments and foreign central banks of developing and transitional countries by providing advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries to promote macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable private sector growth.

(2) Additional requirementsTo the extent practicable, such technical assistance shall be designed to establish—
(A) tax systems that are fair, objective, and efficiently gather sufficient revenues for governmental operations;
(B) debt issuance and management programs that rely on market forces;
(C) budget planning and implementation that permits responsible fiscal policy management;
(D) commercial banking sector development that efficiently intermediates between savers and investors; and
(E) financial law enforcement to protect the integrity of financial systems, financial institutions, and government programs.
(3) Emphasis on anti-corruption

Such technical assistance shall include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures.

(c) Administrative requirementsIn carrying out the program established under subsection (a), the Secretary—
(1) shall establish a methodology for identifying and selecting foreign governments and foreign central banks to receive assistance under the program;
(2) prior to selecting a foreign government or foreign central bank to receive assistance under the program, shall receive the concurrence of the Secretary of State with respect to the selection of such government or central bank and with respect to the cost of the assistance to such government or central bank;
(3) shall consult with the heads of appropriate Executive agencies of the United States, including the Secretary of State and the Administrator of the United States Agency for International Development, and appropriate international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance;
(4) shall ensure that the program is consistent with the International Affairs Strategic Plan and Mission Performance Plan of the United States Agency for International Development;
(5) shall establish and carry out a plan to evaluate the program.
(d) Administrative authoritiesIn carrying out the program established under subsection (a), the Secretary shall have the following administrative authorities:
(1) The Secretary may provide allowances and benefits under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) to any officer or employee of any agency of the United States Government performing functions under this section outside the United States.
(2)
(A) The Secretary may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out this section, including any advance to the United States Government by any country or international organization for the procurement of commodities, supplies, or services.
(B) Such funds shall be available for obligation and expenditure for the purposes for which such funds were authorized, in accordance with authority granted in this section or under authority governing the activities of the agency of the United States Government to which such funds are allocated or transferred.
(3) Appropriations for the purposes of or pursuant to this section, and allocations to any agency of the United States Government from other appropriations for functions directly related to the purposes of this section, shall be available for—
(A) contracting with individuals for personal services abroad, except that such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Office of Personnel Management;
(B) the purchase and hire of passenger motor vehicles, except that passenger motor vehicles may be purchased only—
(i) for use in foreign countries; and
(ii) if the Secretary or the Secretary’s designee has determined that the vehicle is necessary to accomplish the mission;
(C) the purchase of insurance for official motor vehicles acquired for use in foreign countries;
(D)
(i) the rent or lease outside the United States, not to exceed 5 years, of offices, buildings, grounds, and quarters, including living quarters to house personnel, consistent with the relevant interagency housing board policy, and payments therefor in advance;
(ii) maintenance, furnishings, necessary repairs, improvements, and alterations to properties owned or rented by the United States Government or made available for use to the United States Government outside the United States; and
(iii) costs of insurance, fuel, water, and utilities for such properties;
(E) expenses of preparing and transporting to their former homes or places of burial the remains of foreign participants or members of the family of foreign participants, who may die while such participants are away from their homes participating in activities carried out with funds covered by this section;
(F) notwithstanding any other provision of law, transportation and payment of per diem in lieu of subsistence to foreign participants engaged in activities of the program under this section while such participants are away from their homes in countries other than the United States, at rates not in excess of those prescribed by the standardized Government travel regulations;
(G) expenses in connection with travel of personnel outside the United States, including travel expenses of dependents (including expenses during necessary stop-overs while engaged in such travel), and transportation of personal effects, household goods, and automobiles of such personnel when any part of such travel or transportation begins in one fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the same fiscal year, and cost of transporting automobiles to and from a place of storage, and the cost of storing automobiles of such personnel when it is in the public interest or more economical to authorize storage; and
(H) grants to, and cooperative agreements and contracts with, any individual, corporation, or other body of persons, nonprofit organization, friendly government or government agency, whether within or without the United States, and international organizations, as the Secretary determines is appropriate to carry out the purposes of this section.
(4) Whenever the Secretary determines it to be consistent with the purposes of this section, the Secretary is authorized to furnish services and commodities on an advance-of-funds basis to any friendly country or international organization that is not otherwise prohibited from receiving assistance under this chapter. Such advances may be credited to the currently applicable appropriation, account, or fund of the Department of the Treasury and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used.
(e) Issuance of regulations

The Secretary is authorized to issue such regulations with respect to personal service contractors as the Secretary deems necessary to carry out this section.

(f) Rule of construction

Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in section 4802 of this title) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).

(g) Termination of assistance

The Secretary shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) if the Secretary, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner.

(h) Report
(1) In general

Not later than 3 months after October 21, 1998, and every 6 months thereafter, the Secretary shall prepare and submit to the appropriate congressional committees a report on the conduct of the program established under this section during the preceding 6-month period.

(2) DefinitionIn this subsection, the term “appropriate congressional committees” means—
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(i) DefinitionsIn this section:
(1) Developing or transitional country

The term “developing or transitional country” means a country eligible to receive development assistance under this part.

(2) International financial institution

The term “international financial institution” means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa.

(3) Secretary

The term “Secretary” means the Secretary of the Treasury.

(4) Technical assistanceThe term “technical assistance” includes—
(A) the use of short-term and long-term expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1);
(B) training in the recipient country, the United States, or elsewhere for the purposes described in subsection (b)(1);
(C) grants of goods, services, or funds to foreign governments and foreign central banks;
(D) grants to United States nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and
(E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such officials.
(5) Foreign participant

The term “foreign participant” means the national of a developing or transitional country that is receiving assistance under the program established under subsection (a) who has been designated to participate in activities under such program.

(j) Authorization of appropriations
(1) In general

There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 1999.

(2) Availability of amounts

Amounts authorized to be appropriated under paragraph (1) are authorized to remain available until expended.

(Pub. L. 87–195, pt. I, § 129, as added Pub. L. 105–277, div. A, § 101(d) [title V, § 589(a)], Oct. 21, 1998, 112 Stat. 2681–150, 2681–205; amended Pub. L. 106–309, title II, § 204, Oct. 17, 2000, 114 Stat. 1092.)
§ 2152. Assistance for victims of torture
(a) In general

The President is authorized to provide assistance for the rehabilitation of victims of torture.

(b) Eligibility for grants

Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture.

(c) Use of funds
Such assistance shall be available—
(1) for direct services to victims of torture; and
(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).
(Pub. L. 87–195, pt. I, § 130, formerly § 129, as added Pub. L. 105–320, § 4(a), Oct. 30, 1998, 112 Stat. 3017; renumbered § 130, Pub. L. 106–87, § 6(a), Nov. 3, 1999, 113 Stat. 1302.)
§ 2152a. Repealed. Pub. L. 108–484, § 8(a), Dec. 23, 2004, 118 Stat. 3931
§ 2152b. Transferred
§ 2152c. Programs to encourage good governance
(a) Establishment of programs
(1) In general

The President is authorized to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in countries described in paragraph (2).

(2) Countries described

A country described in this paragraph is a country that is eligible to receive assistance under subchapter I of this chapter (including part IV of subchapter II of this chapter) or the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.].

(3) Priority

In carrying out paragraph (1), the President shall give priority to establishing programs in countries that received a significant amount of United States foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. In determining which countries have the most persistent problems with public and private corruption under the preceding sentence, the President shall take into account criteria such as the Transparency International Annual Corruption Perceptions Index, standards and codes set forth by the International Bank for Reconstruction and Development and the International Monetary Fund, and other relevant criteria.

(4) Relation to other laws
(A) In general

Assistance provided for countries under programs established pursuant to paragraph (1) may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. Assistance provided under a program established pursuant to paragraph (1) for a country that would otherwise be restricted from receiving such assistance but for the preceding sentence may not be provided directly to the government of the country.

(B) Exception
Subparagraph (A) does not apply with respect to—
(i)section 2371 of this title or any comparable provision of law prohibiting assistance to countries that support international terrorism; or
(ii) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992.
(b) Specific projects and activities
The programs established pursuant to subsection (a) shall include, to the extent appropriate, projects and activities that—
(1) support responsible independent media to promote oversight of public and private institutions;
(2) implement financial disclosure among public officials, political parties, and candidates for public office, open budgeting processes, and transparent financial management systems;
(3) support the establishment of audit offices, inspectors general offices, third party monitoring of government procurement processes, and anti-corruption agencies;
(4) promote responsive, transparent, and accountable legislatures and local governments that ensure legislative and local oversight and whistle-blower protection;
(5) promote legal and judicial reforms that criminalize corruption and law enforcement reforms and development that encourage prosecutions of criminal corruption;
(6) assist in the development of a legal framework for commercial transactions that fosters business practices that promote transparent, ethical, and competitive behavior in the economic sector, such as commercial codes that incorporate international standards and protection of intellectual property rights;
(7) promote free and fair national, state, and local elections;
(8) foster public participation in the legislative process and public access to government information; and
(9) engage civil society in the fight against corruption.
(c) Conduct of projects and activities

Projects and activities under the programs established pursuant to subsection (a) may include, among other things, training and technical assistance (including drafting of anti-corruption, privatization, and competitive statutory and administrative codes), drafting of anti-corruption, privatization, and competitive statutory and administrative codes, support for independent media and publications, financing of the program and operating costs of nongovernmental organizations that carry out such projects or activities, and assistance for travel of individuals to the United States and other countries for such projects and activities.

(d) Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217
(e) Funding

Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chapter) and the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to carry out this section.

(Pub. L. 87–195, pt. I, § 133, as added Pub. L. 106–309, title II, § 205(a), Oct. 17, 2000, 114 Stat. 1092; amended Pub. L. 107–228, div. A, title VI, § 672(a), Sept. 30, 2002, 116 Stat. 1407; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.)
§ 2152d. Assistance to foreign countries to meet minimum standards for the elimination of trafficking
(a) Authorization
The President is authorized to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities designed to meet the minimum standards for the elimination of trafficking (as defined in section 7102 of this title), including—
(1) the drafting of laws to prohibit and punish acts of trafficking;
(2) the investigation and prosecution of traffickers, including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation;
(3) the creation and maintenance of facilities, programs, projects, and activities for the protection of victims; and
(4) the expansion of exchange programs and international visitor programs for governmental and nongovernmental personnel to combat trafficking.
(b) Funding

Amounts made available to carry out the other provisions of subchapter I of this chapter (including part IV of subchapter II of this chapter) and the Support for East European Democracy (SEED) Act of 1989 [22 U.S.C. 5401 et seq.] shall be made available to carry out this section. Assistance may be provided under this section notwithstanding section 2420 of this title.

(Pub. L. 87–195, pt. I, § 134, as added Pub. L. 106–386, div. A, § 109, Oct. 28, 2000, 114 Stat. 1481; amended Pub. L. 108–193, § 6(f), Dec. 19, 2003, 117 Stat. 2883; Pub. L. 110–457, title I, § 103(b), Dec. 23, 2008, 122 Stat. 5046.)
§ 2152e. Program to improve building construction and practices in Latin American countries
(a) In general

The President, acting through the Administrator of the United States Agency for International Development, is authorized, under such terms and conditions as the President may determine, to carry out a program to improve building construction codes and practices in Ecuador, El Salvador, and other Latin American countries (in this section referred to as the “program”).

(b) Program description
(1) In general
The program shall be in the form of grants to, or contracts with, organizations described in paragraph (2) to support the following activities:
(A) Training

Training of appropriate professionals in Latin America from both the public and private sectors to enhance their understanding of building and housing codes and standards.

(B) Translation and distribution

Translating and distributing in the region detailed construction manuals, model building codes, and publications from organizations described in paragraph (2), including materials that address zoning, egress, fire and life safety, plumbing, sewage, sanitation, electrical installation, mechanical installation, structural engineering, and seismic design.

(C) Other assistance

Offering other relevant assistance as needed, such as helping government officials develop seismic micro-zonation maps or draft pertinent legislation, to implement building codes and practices that will help improve the resistance of buildings and housing in the region to seismic activity and other natural disasters.

(2) Covered organizations

Grants and contracts provided under this section shall be carried out through United States organizations with expertise in the areas described in paragraph (1), including the American Society of Testing Materials, the Underwriters Laboratories, the American Society of Mechanical Engineers, the American Society of Civil Engineers, the American Society of Heating, Refrigeration, and Air Conditioning Engineers, the International Association of Plumbing and Mechanical Officials, the International Code Council, and the National Fire Protection Association.

(Pub. L. 107–228, div. A, title VI, § 688, Sept. 30, 2002, 116 Stat. 1413.)
§ 2152f. Assistance for orphans and other vulnerable children
(a) Findings
Congress finds the following:
(1) There are more than 143,000,000 orphans living 1
1 So in original. Probably should be “living in”.
sub-Saharan Africa, Asia, Latin America, and the Caribbean. Of this number, approximately 16,200,000 children have lost both parents.
(2) The HIV/AIDS pandemic has created an unprecedented orphan crisis, especially in sub-Saharan Africa, where children have been hardest hit. The pandemic is deepening poverty in entire communities, and is jeopardizing the health, safety, and survival of all children in affected countries. It is estimated that 14,000,000 children have lost one or both parents to AIDS.
(3) The orphans crisis in sub-Saharan Africa has implications for human welfare, development, and political stability that extend far beyond the region, affecting governments and people worldwide.
(4) Extended families and local communities are struggling to meet the basic needs of orphans and vulnerable children by providing food, health care including treatment of children living with HIV/AIDS, education expenses, and clothing.
(5) Famines, natural disasters, chronic poverty, ongoing conflicts, and civil wars in developing countries are adversely affecting children in these countries, the vast majority of whom currently do not receive humanitarian assistance or other support from the United States.
(6) The United States Government administers various assistance programs for orphans and other vulnerable children in developing countries. In order to improve targeting and programming of resources, the United States Agency for International Development should develop methods to adequately track the overall number of orphans and other vulnerable children receiving assistance, the kinds of programs for such children by sector and location, and any other such related data and analysis.
(7) The United States Agency for International Development should improve its capabilities to deliver assistance to orphans and other vulnerable children in developing countries through partnerships with private volunteer organizations, including community and faith-based organizations.
(8) The United States Agency for International Development should be the primary United States Government agency responsible for identifying and assisting orphans and other vulnerable children in developing countries.
(9) Providing assistance to such children is an important expression of the humanitarian concern and tradition of the people of the United States.
(b) Definitions
In this section:
(1) AIDS

The term “AIDS” has the meaning given the term in section 2151b–2(g)(1) 2

2 See References in Text note below.
of this title.

(2) Children

The term “children” means persons who have not attained 18 years of age.

(3) HIV/AIDS

The term “HIV/AIDS” has the meaning given the term in section 2151b–2(g)(3) 2 of this title.

(4) Orphan

The term “orphan” means a child deprived by death of one or both parents.

(5) Psychosocial support

The term “psychosocial support” includes care that addresses the ongoing psychological and social problems that affect individuals, their partners, families, and caregivers in order to alleviate suffering, strengthen social ties and integration, provide emotional support, and promote coping strategies.

(c) Assistance
The President is authorized to provide assistance, including providing such assistance through international or nongovernmental organizations, for programs in developing countries to provide basic care and services for orphans and other vulnerable children. Such programs should provide assistance—
(1) to support families and communities to mobilize their own resources through the establishment of community-based organizations to provide basic care for orphans and other vulnerable children;
(2) for school food programs, including the purchase of local or regional foodstuffs where appropriate;
(3) to increase primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure;
(4) to provide employment training and related services for orphans and other vulnerable children who are of legal working age;
(5) to protect and promote the inheritance rights of orphans, other vulnerable children, and widows;
(6) to provide culturally appropriate psychosocial support to orphans and other vulnerable children; and
(7) to treat orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies.
(d) Monitoring and evaluation
(1) Establishment

To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the strategy required in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to orphans and other vulnerable children.

(2) Requirements
The monitoring and evaluation system shall—
(A) establish performance goals for the assistance and expresses 3
3 So in original. Probably should be “express”.
such goals in an objective and quantifiable form, to the extent feasible;
(B) establish performance indicators to be used in measuring or assessing the achievement of the performance goals described in subparagraph (A); and
(C) provide a basis for recommendations for adjustments to the assistance to enhance the impact of assistance.
(e) Special Advisor for Assistance to Orphans and Vulnerable Children
(1) Appointment
(A) In general

The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall appoint a Special Advisor for Assistance to Orphans and Vulnerable Children.

(B) Delegation

At the discretion of the Secretary of State, the authority to appoint a Special Advisor under subparagraph (A) may be delegated by the Secretary of State to the Administrator of the United States Agency for International Development.

(2) Duties
The duties of the Special Advisor for Assistance to Orphans and Vulnerable Children shall include the following:
(A) Coordinate assistance to orphans and other vulnerable children among the relevant Federal agencies and officials.
(B) Advise the relevant Federal branch agencies and officials to ensure that programs approved for assistance under this section are consistent with best practices, meet the requirements of this chapter, and conform to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(C) Advise the various offices, bureaus, and field missions within the United States Agency for International Development in developing any component of their annual plan, as it relates to assistance for orphans or other vulnerable children in developing countries, to ensure that each program, project, or activity relating to such assistance is consistent with best practices, meets the requirements of this chapter, and conforms to the strategy outlined in section 4 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005.
(D) Coordinate all United States assistance to orphans and other vulnerable children among United States departments and agencies, including the provision of assistance relating to HIV/AIDS authorized under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25) [22 U.S.C. 7601 et seq.], and the amendments made by such Act (including section 102 of such Act, and the amendments made by such section, relating to the coordination of HIV/AIDS programs).
(E) Establish priorities that promote the delivery of assistance to the most vulnerable populations of orphans and children, particularly in those countries with a high rate of HIV infection among women.
(F) Disseminate a collection of best practices to field missions of the United States Agency for International Development to guide the development and implementation of programs to assist orphans and vulnerable children.
(G) Administer the monitoring and evaluation system established in subsection (d).
(H) Prepare the annual report required by section 2152g of this title.
(f) Authorization of appropriations
(1) In general

There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2006 and 2007.

(2) Availability of funds

Amounts made available under paragraph (1) are authorized to remain available until expended.

(Pub. L. 87–195, pt. I, § 135, as added Pub. L. 109–95, § 3, Nov. 8, 2005, 119 Stat. 2113; amended Pub. L. 116–283, div. A, title XII, § 1284,
§ 2152g. Annual report
(a) Report

Not later than one year after the date on which the President transmits to the appropriate congressional committees the strategy required by section 4(a), and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this Act and the amendments made by this Act.

(b) Contents
The report shall contain the following information for grants, cooperative agreements, contracts, contributions, and other forms of assistance awarded or entered into under section 2152f of this title:
(1) The amount of funding, the name of recipient organizations, the location of programs and activities, the status of progress of programs and activities, and the estimated number of orphans and other vulnerable children who received direct or indirect assistance under the programs and activities.
(2) The results of the monitoring and evaluation system with respect to assistance for orphans and other vulnerable children.
(3) The percentage of assistance provided in support of orphans or other vulnerable children affected by HIV/AIDS.
(4) Any other appropriate information relating to the needs of orphans and other vulnerable children in developing countries that could be addressed through the provision of assistance authorized in section 2152f of this title or under any other provision of law.
(Pub. L. 109–95, § 5, Nov. 8, 2005, 119 Stat. 2117.)
§ 2152h. Assistance to provide safe water, sanitation, and hygiene
(a) PurposesThe purposes of assistance authorized by this section are—
(1) to promote good health, economic development, poverty reduction, women’s empowerment, conflict prevention, and environmental sustainability by providing assistance to expand access to safe water and sanitation, promoting integrated water resource management, and improving hygiene for people around the world;
(2) to seek to reduce by one-half from the baseline year 1990 the proportion of people who are unable to reach or afford safe drinking water and the proportion of people without access to basic sanitation by 2015;
(3) to focus water and sanitation assistance toward the countries, locales, and people with the greatest need;
(4) to promote affordability and equity in the provision of access to safe water and sanitation for the very poor, women, and other vulnerable populations;
(5) to improve water efficiency through water demand management and reduction of unaccounted-for water;
(6) to promote long-term sustainability in the affordable and equitable provision of access to safe water and sanitation through the creation of innovative financing mechanisms such as national revolving funds, and by strengthening the capacity of recipient governments and communities to formulate and implement policies that expand access to safe water and sanitation in a sustainable fashion, including integrated planning;
(7) to secure the greatest amount of resources possible, encourage private investment in water and sanitation infrastructure and services, particularly in lower middle-income countries, without creating unsustainable debt for low-income countries or unaffordable water and sanitation costs for the very poor; and
(8) to promote the capacity of recipient governments to provide affordable, equitable, and sustainable access to safe water and sanitation.
(b) Authorization

To carry out the purposes of subsection (a), the President is authorized to furnish assistance for programs in developing countries to provide affordable and equitable access to safe water, sanitation, and hygiene.

(c) Activities supportedAssistance provided under subsection (b) shall, to the maximum extent practicable, be used to—
(1) expand affordable and equitable access to safe water and sanitation for underserved populations;
(2) support the design, construction, maintenance, upkeep, repair, and operation of water delivery and sanitation systems;
(3) improve the safety and reliability of water supplies, including environmental management; and
(4) improve the capacity of recipient governments and local communities, including capacity-building programs for improved water resource management.
(d) Local currency

The President may use payments made in local currencies under an agreement made under title I of the Food for Peace Act (7 U.S.C. 1701 et seq.) to provide assistance under this section.

(e) Coordination and oversight
(1) USAID Global Water Coordinator
(A) Designation

The Administrator of the United States Agency for International Development (referred to in this paragraph as “USAID”) or the Administrator’s designee, who shall be a current USAID employee serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher, shall serve concurrently as the USAID Global Water Coordinator (referred to in this subsection as the “Coordinator”).

(B) Specific dutiesThe Coordinator shall—
(i) provide direction and guidance to, coordinate, and oversee the projects and programs of USAID authorized under this section;
(ii) lead the implementation and revision, not less frequently than once every 5 years, of USAID’s portion of the Global Water Strategy required under subsection (j);
(iii) seek—(I) to expand the capacity of USAID, subject to the availability of appropriations, including through the designation of a lead subject matter expert selected from among USAID staff in each high priority country designated pursuant to subsection (h);(II) to implement such programs and activities;(III) to take advantage of economies of scale; and(IV) to conduct more efficient and effective projects and programs;
(iv) coordinate with the Department of State and USAID staff in each high priority country designated pursuant to subsection (h) to ensure that USAID activities and projects, USAID program planning and budgeting documents, and USAID country development strategies reflect and seek to implement—(I) the safe water, sanitation, and hygiene objectives established in the strategy required under subsection (j), including objectives relating to the management of water resources; and(II) international best practices relating to—(aa) increasing access to safe water and sanitation;(bb) conducting hygiene-related activities; and(cc) ensuring appropriate management of water resources; and
(v) develop appropriate benchmarks, measurable goals, performance metrics, and monitoring and evaluation plans for USAID projects and programs authorized under this section.
(2) Department of State Special Coordinator for Water Resources
(A) Designation

The Secretary of State or the Secretary’s designee, who shall be a current employee of the Department of State serving in a career or non-career position in the Senior Executive Service or at the level of a Deputy Assistant Secretary or higher, shall serve concurrently as the Department of State Special Advisor for Water Resources (referred to in this paragraph as the “Special Advisor”).

(B) Specific dutiesThe Special Advisor shall—
(i) provide direction and guidance to, coordinate, and oversee the projects and programs of the Department of State authorized under this section;
(ii) lead the implementation and revision, not less than every 5 years, of the Department of State’s portion of the Global Water Strategy required under subsection (j);
(iii) prioritize and coordinate the Department of State’s international engagement on the allocation, distribution, and access to global fresh water resources and policies related to such matters;
(iv) coordinate with United States Agency for International Development and Department of State staff in each high priority country designated pursuant to subsection (h) to ensure that United States diplomatic efforts related to safe water, sanitation, and hygiene, including efforts related to management of water resources and watersheds and the resolution of intra- and trans-boundary conflicts over water resources, are consistent with United States national interests; and
(v) represent the views of the United States Government on the allocation, distribution, and access to global fresh water resources and policies related to such matters in key international fora, including key diplomatic, development-related, and scientific organizations.
(3) Additional nature of duties and restriction on additional or supplemental compensation

The responsibilities and specific duties of the Administrator of the United States Agency for International Development (or the Administrator’s designee) and the Secretary of State (or the Secretary’s designee) under paragraph (2) or (3), respectively, shall be in addition to any other responsibilities or specific duties assigned to such individuals. Such individuals shall receive no additional or supplemental compensation as a result of carrying out such responsibilities and specific duties under such paragraphs.

(f) Priorities and criteria for maximum impact and long-term sustainabilityThe Administrator of the United States Agency for International Development shall ensure that the Agency for International Development’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability by—
(1) prioritizing countries on the basis of the following clearly defined criteria and indicators, to the extent sufficient empirical data are available—
(A) the proportion of the population using an unimproved drinking water source;
(B) the total population using an unimproved drinking water source;
(C) the proportion of the population without piped water access;
(D) the proportion of the population using shared or other unimproved sanitation facilities;
(E) the total population using shared or other unimproved sanitation facilities;
(F) the proportion of the population practicing open defecation;
(G) the total number of children younger than 5 years of age who died from diarrheal disease;
(H) the proportion of all deaths of children younger than 5 years of age resulting from diarrheal disease;
(I) the national government’s capacity, capability, and commitment to work with the United States to improve access to safe water, sanitation, and hygiene, including—
(i) the government’s capacity and commitment to developing the indigenous capacity to provide safe water and sanitation without the assistance of outside donors; and
(ii) the degree to which such government—(I) identifies such efforts as a priority; and(II) allocates resources to such efforts;
(J) the availability of opportunities to leverage existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources; and
(K) the likelihood of making significant improvements on a per capita basis on the health and educational opportunities available to women as a result of increased access to safe water, sanitation, and hygiene, including access to appropriate facilities at primary and secondary educational institutions seeking to ensure that communities benefitting from such projects and activities develop the indigenous capacity to provide safe water and sanitation without the assistance of outside donors;
(2) prioritizing and measuring, including through rigorous monitoring and evaluating mechanisms, the extent to which such project or program—
(A) furthers significant improvements in—
(i) the criteria set forth in subparagraphs (A) through (H) of paragraph (1);
(ii) the health and educational opportunities available to women as a result of increased access to safe water, sanitation, and hygiene, including access to appropriate facilities at primary and secondary educational institutions; and
(iii) the indigenous capacity of the host nation or community to provide safe water and sanitation without the assistance of outside donors;
(B) is designed, as part of the provision of safe water and sanitation to the local community—
(i) to be financially independent over the long term, focusing on local ownership and sustainability;
(ii) to be undertaken in conjunction with relevant public institutions or private enterprises;
(iii) to identify and empower local individuals or institutions to be responsible for the effective management and maintenance of such project or program; and
(iv) to provide safe water or expertise or capacity building to those identified parties or institutions for the purposes of developing a plan and clear responsibilities for the effective management and maintenance of such project or program;
(C) leverages existing public, private, or other donor investments in the water, sanitation, and hygiene sectors, including investments in the management of water resources;
(D) avoids duplication of efforts with other United States Government agencies or departments or those of other nations or nongovernmental organizations;
(E) coordinates such efforts with the efforts of other United States Government agencies or departments or those of other nations or nongovernmental organizations directed at assisting refugees and other displaced individuals; and
(F) involves consultation with appropriate stakeholders, including communities directly affected by the lack of access to clean water, sanitation or hygiene, and other appropriate nongovernmental organizations; and
(3) seeking to further the strategy required under subsection (j) after 2018.
(g) Use of current and improved empirical data collection and review of new standardized indicators
(1) In generalThe Administrator of the United States Agency for International Development is authorized to use current and improved empirical data collection—
(A) to meet the health-based prioritization criteria established pursuant to subsection (f)(1); and
(B) to review new standardized indicators in evaluating progress towards meeting such criteria.
(2) Consultation and noticeThe Administrator shall—
(A) regularly consult with the appropriate congressional committees; and
(B) notify such committees not later than 30 days before using current or improved empirical data collection for the review of any new standardized indicators under paragraph (1) for the purposes of carrying out this section.
(h) Designation of high priority countries
(1) Initial designationNot later than October 1, 2015, the President shall—
(A) designate, on the basis of the criteria set forth in subsection (f)(1) not fewer than 10 countries as high priority countries to be the primary recipients of United States Government assistance authorized under this section during fiscal year 2016; and
(B) notify the appropriate congressional committees of such designations.
(2) Annual designations
(A) In general

Except as provided in subparagraph (B), the President shall annually make new designations pursuant to the criteria set forth in paragraph (1).

(B) Designations after fiscal year 2018Beginning with fiscal year 2019, designations under paragraph (1) shall be made—
(i) based upon the criteria set forth in subsection (f)(1); and
(ii) in furtherance of the strategy required under subsection (j).
(i) Targeting of projects and programs to areas of greatest need
(1) In general

Not later than 15 days before the obligation of any funds for water, sanitation, or hygiene projects or programs pursuant to this section in countries that are not ranked in the top 50 countries based upon the WASH Needs Index, the Administrator of the United States Agency for International Development shall notify the appropriate congressional committees of the planned obligation of such funds.

(2) Defined term

In this subsection and in subsection (j), the term “WASH Needs Index” means the needs index for water, sanitation, or hygiene projects or programs authorized under this section that has been developed using the criteria and indicators described in subparagraphs (A) through (H) of subsection (f)(1).

(j) Global Water Strategy
(1) In generalNot later than October 1, 2017, October 1, 2022, and October 1, 2027, the President, acting through the Secretary of State, the Administrator of the United States Agency for International Development, and the heads of other Federal departments and agencies, as appropriate, shall submit a single government-wide Global Water Strategy to the appropriate congressional committees that provides a detailed description of how the United States intends—
(A) to increase access to safe water, sanitation, and hygiene in high priority countries designated pursuant to subsection (h), including a summary of the WASH Needs Index and the specific weighting of empirical data and other definitions used to develop and rank countries on the WASH Needs Index;
(B) to improve the management of water resources and watersheds in such countries; and
(C) to work to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water resources in such countries.
(2) Agency-specific plansThe Global Water Strategy shall include an agency-specific plan—
(A) from the United States Agency for International Development that describes specifically how the Agency for International Development will—
(i) carry out the duties and responsibilities assigned to the Global Water Coordinator under subsection (e)(1);
(ii) ensure that the Agency for International Development’s projects and programs authorized under this section are designed to achieve maximum impact and long-term sustainability, including by implementing the requirements described in subsection (f); and
(iii) increase access to safe water, sanitation, and hygiene in high priority countries designated pursuant to subsection (h);
(B) from the Department of State that describes specifically how the Department of State will—
(i) carry out the duties and responsibilities assigned to the Special Coordinator for Water Resources under subsection (e)(2); and
(ii) ensure that the Department’s activities authorized under this section are designed—(I) to improve management of water resources and watersheds in countries designated pursuant to subsection (h); and(II) to prevent and resolve, to the greatest degree possible, both intra- and trans-boundary conflicts over water resources in such countries; and
(C) from other Federal departments and agencies, as appropriate, that describes the contributions of the departments and agencies to implementing the Global Water Strategy.
(3) Individualized plans for high priority countriesFor each high priority country designated pursuant to subsection (h), the Administrator of the United States Agency for International Development shall—
(A) develop a costed, evidence-based, and results-oriented plan that—
(i) seeks to achieve the purposes of this section; and
(ii) meets the requirements under subsection (f); and
(B) include such plan in an appendix to the Global Water Strategy required under paragraph (1).
(4) First time access reporting requirement

The Global Water Strategy shall specifically describe the target percentage of funding for each fiscal year covered by such strategy to be directed toward projects aimed at providing first-time access to safe water and sanitation.

(5) Performance indicators

The Global Water Strategy shall include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans required to be developed by the Administrator of the United States Agency for International Development pursuant to subsection (e)(1)(B)(v).

(6) Consultation and best practicesThe Global Water Strategy shall—
(A) be developed in consultation with the heads of other appropriate Federal departments and agencies; and
(B) incorporate best practices from the international development community.
(k) DefinitionsIn this section—
(1) the term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives; and
(2) the term “long-term sustainability” refers to the ability of a service delivery system, community, partner, or beneficiary to maintain, over time, any water, sanitation, or hygiene project that receives funding pursuant to the amendments made by the Senator Paul Simon Water for the World Act of 2014.
(Pub. L. 87–195, pt. I, § 136, formerly § 135, as added Pub. L. 109–121, § 5(a), Dec. 1, 2005, 119 Stat. 2536; amended Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Q), June 18, 2008, 122 Stat. 1820; renumbered § 136 and amended Pub. L. 113–289, §§ 3–6(a), Dec. 19, 2014, 128 Stat. 3283–3288.)
§ 2152i. Small Grants Program
(a) In general

A Small Grants Program (SGP) shall be established within the United States Agency for International Development (USAID) to provide small grants, cooperative agreements, and other assistance mechanisms and agreements of not more than $2,000,000 for the purpose of carrying out the provisions of chapters 1 and 10 of part I [22 U.S.C. 2151 et seq., 2293 et seq.] and chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961: Provided, That the SGP established pursuant to this section shall replace the function served previously by the Development Grants Program established under section 674 of division J, of Public Law 110–161, which is hereby abolished.

(b) Eligibility

Awards from the SGP shall only be made to eligible entities as described in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(c) Proposals
Awards made pursuant to the authority of this section shall be provided through—
(1) unsolicited applications received and evaluated pursuant to USAID policy regarding such proposals;
(2) an open and competitive process; or
(3) as otherwise allowable under Federal Acquisition Regulations and USAID procurement policies.
(d) Funding
(1) Of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq., 2346 et seq.], not less than $45,000,000 shall be made available for the SGP within USAID’s Local Sustainability Office of the Bureau for Economic Growth, Education and Environment to carry out this subsection.
(2) Other than to meet the requirements of this section, funds made available to carry out this section may not be allocated in the report required by section 653(a) of the Foreign Assistance Act of 1961 [22 U.S.C. 2413(a)
(3) Funds made available under this section shall remain available for obligation until September 30, 2019.
(e) Management
(1) Not later than 120 days after December 16, 2014, the USAID Administrator shall issue guidance to implement this section: Provided, That such guidance shall include the requirements contained in the joint explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(2) Upon selection of a mission pursuant to the procedures required by paragraph (1), such selected mission may be allocated the full estimated cost of the multi-year program: Provided, That such allocations shall be subject to the regular notification procedures of the Committees on Appropriations.
(3) In addition to funds otherwise available for such purposes, up to 20 percent of the funds made available to carry out this section may be used by USAID for administrative expenses, and other necessary support associated with managing and strengthening relationships with entities under the SGP.
(f) Report

Not later than 120 days after December 16, 2014, and after consultation with the appropriate congressional committees, the Administrator shall submit a report to such committees describing the guidance to implement the SGP.

(Pub. L. 113–235, div. J, title VII, § 7080, Dec. 16, 2014, 128 Stat. 2682; Pub. L. 114–113, div. K, title VII, § 7034(q)(3), Dec. 18, 2015, 129 Stat. 2768.)
§ 2152j. Statement of policy
It shall be the policy of the United States to promote the meaningful participation of women in all aspects of overseas conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that—
(1) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies;
(2) encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions;
(3) promote the physical safety, economic security, and dignity of women and girls;
(4) support the equal access of women to aid distribution mechanisms and services;
(5) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence;
(6) adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and
(7) monitor, analyze, and evaluate the efforts related to each strategy submitted under section 2152j–1 of this title and the impact of such efforts.
(Pub. L. 115–68, § 4, Oct. 6, 2017, 131 Stat. 1203.)
§ 2152j–1. United States strategy to promote the participation of women in conflict prevention and peace building
(a) Requirement
Not later than one year after October 6, 2017, and again four years thereafter, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 2152j of this title. The strategy shall—
(1) support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decisionmaking institutions; and
(2) include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy.
(b) Specific plans for departments and agencies
Each strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes—
(1) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and
(2) the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.
(c) Coordination

The President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including, as appropriate, multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States Government is not appropriate or advisable.

(d) Sense of Congress
It is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should—
(1) provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders;
(2) address security-related barriers to the meaningful participation of women;
(3) encourage increased participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education;
(4) support appropriate local organizations, especially women’s peace building organizations;
(5) support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women;
(6) encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls;
(7) expand and apply gender analysis, as appropriate, to improve program design and targeting; and
(8) conduct assessments that include the perspectives of women regarding new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform.
(Pub. L. 115–68, § 5, Oct. 6, 2017, 131 Stat. 1203.)
§ 2152j–2. Training requirements regarding the participation of women in conflict prevention and peace building
(a) Foreign ServiceThe Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women:
(1) Conflict prevention, mitigation, and resolution.
(2) Protecting civilians from violence, exploitation, and trafficking in persons.
(3) International human rights law and international humanitarian law.
(b) Department of DefenseThe Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas:
(1) Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women.
(2) Gender considerations and meaningful participation by women, including training regarding—
(A) international human rights law and international humanitarian law, as relevant; and
(B) protecting civilians from violence, exploitation, and trafficking in persons.
(3) Effective strategies and best practices for ensuring meaningful participation by women.
(Pub. L. 115–68, § 6, Oct. 6, 2017, 131 Stat. 1204.)
§ 2152j–3. Consultation and collaboration
(a) In general
The Secretary of State and the Administrator of the United States Agency for International Development may establish guidelines or take other steps to ensure overseas United States personnel of the Department of State or the United States Agency for International Development, as the case may be, consult with appropriate stakeholders, including local women, youth, ethnic, and religious minorities, and other politically under-represented or marginalized populations, regarding United States efforts to—
(1) prevent, mitigate, or resolve violent conflict; and
(2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women.
(b) Collaboration and coordination

The Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building.

(Pub. L. 115–68, § 7, Oct. 6, 2017, 131 Stat. 1205.)
§ 2152j–4. Definitions
In sections 2152j to 2152j–4 of this title:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the of the 1
1 So in original.
House of Representatives.
(2) Relevant Federal departments and agencies
The term “relevant Federal departments and agencies” means—
(A) the United States Agency for International Development;
(B) the Department of State;
(C) the Department of Defense;
(D) the Department of Homeland Security; and
(E) any other department or agency specified by the President for purposes of sections 2152j to 2152j–4 of this title.
(3) Stakeholders

The term “stakeholders” means non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts.

(Pub. L. 115–68, § 9, Oct. 6, 2017, 131 Stat. 1206.)
§ 2152k. Assistance to improve early childhood outcomes globally
(a) DefinitionsIn this section:
(1) Appropriate congressional committeesThe term “appropriate congressional committees” means—
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Appropriations of the House of Representatives; and
(D) the Committee on Foreign Affairs of the House of Representatives.
(2) Early childhood development

The term “early childhood development” means the development and learning of a child younger than 8 years of age, including physical, cognitive, social, and emotional development and approaches to learning that allow a child to reach his or her full developmental potential.

(3) Early childhood development programThe term “early childhood development program” means a program that seeks to ensure that every child has the conditions for healthy growth, nurturing family-based care, development and learning, and protection from violence, exploitation, abuse, and neglect, which may include—
(A) a health, safe water, sanitation, and hygiene program that serves pregnant women, children younger than 5 years of age, and the parents of such children;
(B) a nutrition program, combined with stimulating child development activity;
(C) age appropriate cognitive stimulation, especially for newborns, infants, and toddlers, including an early childhood intervention program for children experiencing at-risk situations, developmental delays, disabilities, and behavioral and mental health conditions;
(D) an early learning (36 months and younger), preschool, and basic education program for children until they reach 8 years of age or complete primary school; or
(E) a child protection program, with an emphasis on the promotion of permanent, safe, and nurturing families, rather than placement in residential care or institutions, including for children with disabilities.
(4) Relevant Federal departments and agenciesThe term “relevant Federal departments and agencies” means—
(A) the Department of State;
(B) the United States Agency for International Development;
(C) the Department of the Treasury;
(D) the Department of Labor;
(E) the Department of Education;
(F) the Department of Agriculture;
(G) the Department of Defense;
(H) the Department of Health and Human Services, including—
(i) the Centers for Disease Control and Prevention; and
(ii) the National Institutes of Health;
(I) the Millennium Challenge Corporation;
(J) the Peace Corps; and
(K) any other department or agency specified by the President for the purposes of this section.
(5) Residential care

The term “residential care” means care provided in any non-family-based group setting, including orphanages, transit or interim care centers, children’s homes, children’s villages or cottage complexes, group homes, and boarding schools used primarily for care purposes as an alternative to a children’s home.

(b) Statement of policyIt is the policy of the United States—
(1) to support early childhood development in relevant foreign assistance programs, including by integrating evidence-based, efficient, and effective interventions into relevant strategies and programs, in coordination with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners, and civil society, including faith-based and community-based organizations; and
(2) to encourage partner countries to lead early childhood development initiatives that include incentives for building local capacity for continued implementation and measurable results, by—
(A) scaling up the most effective, evidence-based, national interventions, including for the most vulnerable populations and children with disabilities and developmental delays, with a focus on adaptation to country resources, cultures, and languages;
(B) designing, implementing, monitoring, and evaluating programs in a manner that enhances their quality, transparency, equity, accountability, efficiency and effectiveness in improving child and family outcomes in partner countries; and
(C) utilizing and expanding innovative public-private financing mechanisms.
(c) Implementation
(1) In generalNot later than 1 year after January 1, 2021, the Administrator of the United States Agency for International Development on behalf of the President and in coordination with the Secretary of State, shall direct relevant Federal departments and agencies—
(A) to incorporate, to the extent practical and relevant, early childhood development into foreign assistance programs to be carried out during the following 5 fiscal years; and
(B) to promote inclusive early childhood development in partner countries.
(2) ElementsIn carrying out paragraph (1), the Administrator, the Secretary, and the heads of other relevant Federal departments and agencies as appropriate shall—
(A) build on the evidence and priorities outlined in “Advancing Protection and Care for Children in Adversity: A U.S. Government Strategy for International Assistance 2019–2023”, published in June 2019 (referred to in this section as “APCCA”);
(B) to the extent practicable, identify evidence-based strategic priorities, indicators, outcomes, and targets, particularly emphasizing the most vulnerable populations and children with disabilities and developmental delays, to support inclusive early childhood development;
(C) support the design, implementation, and evaluation of pilot projects in partner countries, with the goal of taking such projects to scale;
(D) support inclusive early childhood development within all relevant sector strategies and public laws, including—
(i) the Global Water Strategy required under section 2152h(j) of this title;
(ii) the whole-of-government strategy required under section 9304 of this title;
(iii) the Basic Education Strategy set forth in section 2151c(c) of this title;
(iv) the U.S. Government Global Nutrition Coordination Plan, 2016–2021; and
(v) APCCA; and others as appropriate;
(E) improve coordination with foreign governments and international and regional organizations with respect to official country policies and plans to improve early childhood development, maternal, newborn, and child health and nutrition care, basic education, water, sanitation and hygiene, and child protection plans which promote nurturing, appropriate, protective, and permanent family care, while reducing the percentage of children living outside of family care, including in residential care or on the street; and
(F) consult with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners and faith-based and community-based organizations, as appropriate.
(d) Annual report on the implementation of the strategyThe Special Advisor for Children in Adversity shall include, in the annual report required under section 2152g of this title, which shall be submitted to the appropriate congressional committees and made publicly available, a description of—
(1) the progress made toward integrating early childhood development interventions into relevant strategies and programs;
(2) the efforts made by relevant Federal departments and agencies to implement subsection (c), with a particular focus on the activities described in such subsection; and
(3) the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, and timeframes described in subsection (c) at the program level, along with specific challenges or gaps that may require shifts in targeting or financing in the following fiscal year.
(e) Interagency task forceThe Special Advisor for Assistance to Orphans and Vulnerable Children should establish and regularly convene an Interagency Working Group on Children in Adversity which, among other things, will coordinate—
(1) intergovernmental and interagency monitoring, evaluation, and reporting of the activities carried out pursuant to this section;
(2) early childhood development initiatives that include children with a variety of needs and circumstances; and
(3) United States Government early childhood development programs, strategies, and partnerships across relevant Federal departments and agencies.
(Pub. L. 87–195, pt. I, § 137, as added Pub. L. 116–283, div. A, title XII, § 1283(b), Jan. 1, 2021, 134 Stat. 3985.)