Pub. L. 95-424, tit. I, under "development assistance authorities"

development assistance authorities

EnactedYear: 1978Length: 1,446 wordsOfficial source
development assistance authorities Sec. 102. (a) Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following: “Sec. 122. General Authorities.— (a) In order to carry out the purposes of this chapter, 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) (1) Part I of such Act is further amended— (A) by striking out “less developed friendly” in the first sentence in subsection (b) of section 201; (B) by striking out everything after the first sentence in subsection (b) of section 201 through “herein) be loaned” in subsection (d) of such section and inserting in lieu thereof the following:92 STAT. 941 “The President shall determine the interest payable on any loan. In making loans under this chapter, 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”; and (C) by inserting subsection (b) of section 201, as amended by subparagraphs (A) and (B) of this paragraph, immediately after section 122(a) , as added by subsection (a) of this section. (2) (A) Section 301(a) of such Act is amended by striking out “201 (d)” and inserting in lieu thereof “122 (b)”. (B) Section 103(b) of the Agricultural Trade Development and Assistance Act of 1954 is amended by striking out “201” and inserting in lieu thereof “122”. (C) Section 106(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended in the second sentence by striking out “201” and inserting in lieu thereof “122(b)”. (c) (1) Section 122 of the Foreign Assistance Act of 1961, as added by subsection (a) of this section and as amended by subsection (b) (1) of this section, is amended by adding at the end thereof the following new subsections: “(c) Dollar receipts paid during any fiscal year from loans made under this part or from loans made under predecessor foreign assistance legislation shall be deposited in the Treasury as miscellaneous receipts. “(d) Not to exceed $10,000,000 of the funds made available each fiscal year for the purposes of this chapter 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.”. (2) Section 299(a) of such Act is amended by striking “110(b), 211(a), and 211(d)” and inserting in lieu thereof “110(b) and 122(d)”. (d) Part I of such Act is further amended— (1) in section 204— (A) by striking out “Sec. 204. Development Loan Committee.—” and inserting in lieu thereof “(e)”; and (B) by striking out “title” and inserting in lieu thereof “chapter”; and (2) by inserting such section, as so redesignated and amended, at the end of section 122, as added and amended by subsections (a) through (c) of this section. (e) Chapter 1 of part I of such Act, as amended by subsections (a) through (d) of this section, is further amended by adding at the end thereof the following new section: “Sec. 123. Private and Voluntary Organizations and Cooperatives in Overseas Development.— (a) 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 human92 STAT. 942 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 102. The Congress urges the Administrator of the agency primarily responsible for administering this part , in implementing programs authorized under this part, to draw on the resource of private and voluntary organizations and cooperatives to plan and carry out development activities, “(b) 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 chapter to pay transportation charges on shipments by the American National Red Cross and by United States voluntary agencies registered with the Advisory Committee on Voluntary Foreign Aid. “(c) 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) 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.”. (f) Section 115 of such Act is repealed. (g) (1) Chapter 2 of part I of such Act, as amended by this section, is further amended— (A) by repealing title I (except sections 206 and 209), title II except sections 214 and 219), title VI, title VII, and title VIII; (B) by amending the chapter heading to read as follows: “Chapter 2—Other Programs”; (C) by inserting the following new title heading immediately before section 206: “title i—multilateral and regional development programs”; and (D) by inserting the following new title heading immediately before section 214: “title ii—american schools and hospitals abroad ; prototype desalting plant”. (2) (A) Section 281 of such Act is amended by inserting “and chapter 1” immediately after “this chapter” each of the four places it appears. (B) Section 601 (b) (5) of such Act is amended by striking out “201” and inserting in lieu thereof “122”. (C) Section 608(a) of such Act is amended by striking out “section 212” and inserting in lieu thereof “chapter 1 of part I”. 92 STAT. 943 (D) Section 611(a) of such Act is amended by striking out “titles I, II, and VI of chapter 2 and chapter 4 of part I” and inserting in lieu thereof “chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II”. (E) Section 611(e) of such Act is amended by striking out “titles I, II, or VI of chapter 2 or chapter 4 of part I of this Act” and inserting in lieu thereof “chapter 1 of part I, title II of chapter 2 of part I, or chapter 4 of part II”. (F) Section 620(d) of such Act is amended by striking out “under section 201” and inserting in lieu thereof “on a loan basis under chapter 1 of part I”. (G) Section 635(h) of such Act is amended by striking out “titles II , V, and VI (except development loans)” and inserting in lieu thereof “chapter 1 (except development loans) and title II”. (H) Section 636(c) of such Act is amended by striking out “(other than title I of chapter 2 of part I)” both places it appears. (I) Section 636 (d) and (e) of such Act are each amended by striking out “(other than title I of chapter 2 of part I)”. (J) Section 636(f) of such Act is amended— (i) by striking out “section 212” and inserting in lieu thereof “chapter 1 of part I”; and (ii) by striking out “title I of chapter 2” and inserting in lieu thereof “chapter 1”. (K) (i) Section 108 of such Act is repealed. (ii) Section 109 of such Act is amended by striking out “Notwithstanding section 108 of this Act, whenever” and inserting in lieu thereof “Whenever”.