페이지 이미지
PDF
ePub

ally developing nations by means of education and demonstration; or

(D) the exchange of educators, scientists, and students for the purpose of assisting in successful development in

the cooperating nations; (2) take into account the value to the United States agriculture of such programs, integrating to the extent practicable the programs and financing authorized under this title with those supported by other Federal or State resources, including resources of the private sector, 369 so as to maximize the contribution to the development of agriculture in the United States and in agriculturally developing nations; and

(3) whenever practicable, build on existing programs and institutions including those of the universities, the Department of Agriculture, State agricultural agencies, the Department of Commerce, the Department of the Interior, the Environmental Protection Agency, the Office of the United States Trade Representative, the Food and Drug Administration, other appropriate Federal agencies, and appropriate nongovernmental and business organizations.370 (c) 371 To the maximum extent practicable, activities under this section shall

(1) be directly related to the food and agricultural needs of developing countries;

(2) 372 focus primarily on the needs of agricultural producers, rural families, processors, traders, consumers, and natural resources managers;

(3) be adapted to local circumstances;

(4) 373 be carried out within the developing countries and transition countries comprising newly emerging democracies and newly liberalized economies; and

(5) emphasize the improvement of local systems for delivering the best available knowledge to the small farmers of such countries.

369 Sec. 3(bX2) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1431) inserted “, including resources of the private sector," after "Federal or State resources”.

370 Sec. 3(bX1XA) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) struck out “and the United States Department of Agriculture and the United States Department of Commerce." and inserted in lieu thereof “, the Department of Agriculture, State agricultural agencies, the Department of Commerce, the Department of the Interior, the Environmental Protection Agency, the Office of the United States Trade Representative, the Food and Drug Administration, other appropriate Federal agencies, and appropriate nongovernmental and business organizations.".

371 Subsec. (c) was amended and restated by sec. 113(2) of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364). It formerly read as follows:

"(c) To the maximum extent practicable, activities under this section shall (1) be designed to achieve the most effective interrelationship among the teaching of agricultural sciences, research, and extension work, (2) joins primarily on the needs of agricultural producers, (3) be adapted to local circumstances, and (4) be carried out within the developing countries."

372 Sec. 3(cX1) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1431) amended and restated para. (2). It formerly read as follows:

"(2) be carried out within the developing countries;".

373 Sec. 3(cX2) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended and restated para. (4). It formerly read as follows:

“(4) provide for the most effective interrelationship between research, education, and extension in promoting agricultural development in developing countries; and”.

(d) The President shall exercise his authority under this section through the Administrator. 374

(e) 375 The Administrator shall establish and carry out special programs under this title as part of ongoing programs for child survival, democratization, development of free enterprise, environmental and natural resource management, and other related programs.

Sec. 298.376 Board for International Food and Agricultural Development.-(a) To assist in the administration of the programs authorized by this title, the President shall establish a permanent Board for International Food and Agricultural Development (hereafter in this title referred to as the “Board”) consisting of seven members, not less than four to be selected from the universities. Terms of members shall be set by the President at the time of appointment. Members of the Board shall be entitled to such reimbursement for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business) as the President deems appropriate on a case-by-case basis.377

(b) 378 The Board's general areas of responsibility shall include participating in the planning, development, and implementation of, initiating recommendations for, and monitoring, the activities described in section 297 of this title.

(c) The Board's duties shall include, but not necessarily be limited to

(1) participating in the formulation of basic policy, procedures, and criteria for project proposal review, selection, and monitoring; (2) developing and keeping current a roster of universities

(A) interested in exploring their potential for collaborative relationships with agricultural institutions, and with scientists working on significant programs designed to improve agricultural production, trade, and natural resource management in developing countries, and with private organizations seeking to increase agricultural production and trade, natural resources management, and household food security in developing and transition countries; 379

374 This authority of the Administrator was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105–277; 112 Stat. 2681).

375 Sec. 3(d) of the Famine Prevention and Freedom From (Public Law 106–373; 114 Stat. 1432) added subsec. (e).

376 22 U.S.C. 2220c. Sec. 298 was added by sec. 312 of Public Law 94-161 (89 Stat. 849).

377 Sec. 4(a) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted “on a case-by-case basis”.

378 Sec. 4(b) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended and restated subsec. (b). It formerly read as follows: "(b) The Board's general areas of responsibility shall include, but not be limited to

“(1) participating in the planning, development, and implementation of,
"(2) initiating recommendations for, and

"(3) monitoring of,
the activities described in section 297 of this title.”.

379 Sec. 4(c)(1)(A) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1432) struck out “increase food production in developing countries,” and inserted in lieu thereof "improve agricultural production, trade, and natural resource management in developing countries, and with private organizations seeking to increase

(B) having capacity in the agricultural, environmental, and related social 380 sciences,

(C) able to maintain an appropriate balance of teaching, research, and extension functions,

(D) having capacity, experience, and commitment with respect to international agricultural efforts, and

(E) able to contribute to solving the problems addressed by this title; (3) recommending which developing nations could benefit from programs carried out under this title, and identifying those nations which have an interest in establishing or developing agricultural institutions which engage in teaching, research, or extension activities;

(4) reviewing and evaluating memorandums of understanding or other documents that detail the terms and conditions between the Administrator and universities and their partners 381 participating in programs under this title;

(5) reviewing and evaluating agreements and activities authorized by this title and undertaken by universities and public and private partners of universities 382 to assure compliance with the purposes of this title;

(6) 383 recommending to the Administrator the apportionment of funds under section 297 of this title; 384

(7) assessing the impact of programs carried out under this title in solving agricultural problems and natural resource issues in the developing nations, assuring efficiency in use of Federal resources, including in accordance with the Governmental 385 Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), and the amendments made by that Act: 386'

(8)387 developing information exchanges and consulting regularly with nongovernmental organizations, consumer groups, producers, agribusinesses and associations, agricultural cooperatives and commodity groups, State departments of agri

agricultural production and trade, natural resources management, and household food security in developing and transition countries;".

380 Sec. 410X1)(B) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1432) inserted “, environmental, and related social” before “sciences”.

381 Sec. 4(c)2) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1432) inserted “and their partners" after “Administrator and universities”.

382 Sec. 4(c)(3) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted “and public and private partners of universities” after “universities”.

383 This function of the Administrator was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a 1) (division G of Public Law 105-277; 112 Stat. 2681).

384 Sec. 4(0X4) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out “and” at the end of para. (6).

385 As enrolled. Should read “Government".

386 Sec. 4(c\5) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1432) struck out “in the developing nations." and inserted in lieu thereof “and natural resource issues in the developing nations, assuring efficiency in use of Federal resources, including in accordance with the sults Act of 1993 (Public Law 103-62; 107 Stat. 285), and the amendments made by that Act;".

387 Sec. 4(c)(6) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added paras. (8), (9), and (10).

[ocr errors]

culture, State agricultural research and extension agencies, and academic institutions;

(9) 387 investigating and resolving issues concerning implementation of this title as requested by universities; and

(10) 387 advising the Administrator on any and all issues as requested. (d) The President may authorize the Board to create such subordinate units as may be necessary for the performance of its duties, including but not limited to the following:

(1) a Joint Policy 388 Committee to participate in the design 389 and development of the collaborative activities described in section 297; 390 and

(2) a Joint Operations Committee 391 which shall assist in and advise on the mechanisms and processes for implementa

tion of activities described in section 297.392 (e) In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by section 300 of this title and on other agricultural development activities related to programs under this title.

Sec. 299.393 Authorization.-(a) The President is authorized to use any of the funds hereafter made available under section 103 of this Act to carry out the purposes of this title. Funds made available for such purposes may be used without regard to the provisions of sections 110(b) and 122(d) 394 of this Act.

(b) Foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States shall be used to the maximum extent possible in lieu of dollars in carrying out the provisions of this title.

(c) Assistance authorized under this title shall be in addition to any allotments or grants that may be made under other authorizations.

(d) Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this title. All such funds, both prospective and inhand, shall be periodically disclosed to the Administrator as he shall by regulation require, but no less often than in an annual report. 395

388 Sec. 4(d)(1)(A) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1433) struck out“ Research” and inserted in lieu thereof “Policy”.

389 Sec. 4(d)(1)(B) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1433) struck out “administration” and inserted in lieu thereof “design”.

390 Sec. 4(d)(1)(C) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1433)struck out “section 297(a)(3) of this title” and inserted in lieu thereof “section 297”.

391 Sec. 4(d)(2)(A) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1433) struck out “Joint Committee on Country Programs" and inserted in lieu thereof “Joint Operations Committee”.

392 Sec. 4(d)(2)(B) of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1433) struck out “which shall assist in the implementation of the bilateral activities described in sections 297(a)(2), 297(a)(4), and 297(a)(5).” and inserted in lieu thereof “which shall assist in and advise on the mechanisms and processes for implementation of activities described in section 297.".

393 22 U.S.C. 2220d. Sec. 299 was added by sec. 312 of Public Law 94–161 (89 Stat. 849).

394 The references to “110(b) and 122(d)” were inserted in lieu of “110(b), 211(a), and 211(d)” by sec. 102(c)(2) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941).

395 This function of the Administrator was transferred to the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The Reorganization Plan No.

Sec. 300.396 Annual Report.—The President shall transmit to the Congress, not later than September 1 397 of each year, a report detailing the activities carried out pursuant to this title during the preceding fiscal year and containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to section 298 of this title and may include the separate views of the Board with respect to any aspect of the programs conducted or proposed to be conducted under this title.

Chapter 3—International Organizations and Programs Sec. 301.398 General Authority.-(a) When he determines it to be in the national interest, the President is authorized to make voluntary contributions on a grant basis to international organizations and to programs administered by such organizations, and in the case of the Indus Basin Development Fund administered by the International Bank for Reconstruction and Development to make grants and loans payable as to principal and interest in United States dollars and subject to the provisions of section 122(b),399 on such terms and conditions as he may determine, in order to further the purposes of this part.

(b) 400 * * * (Repealed—1981]

(c) 401 No contributions by the United States shall be made to the United Nations Relief and Works Agency for Palestine Refugees in the Near East except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no

2 of 1979 ceased to be effective with enactment of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant to sec. 1422(a/1) (division G of Public Law 105–277; 112 Stat. 2681).

396 22 U.S.C. 2220e. Sec. 300 was added by sec. 312 of Public Law 94-161 (89 Stat. 849).

Sec. 3003(aX 1) of the Federal Reports Elimination and Sunset Act of 1995 (Public Law 10466; 31 U.S.C. 1113 note), as amended, provided that "each provision of law requiring the submittal to Congress (or any committee of the Congress) of any annual, semiannual, or other regular periodic report specified * * * shall cease to be effective, with respect to that requirement, May 15, 2000.", and is applicable to this section.

397 Sec. 5 of the Famine Prevention and Freedom From Hunger Improvement Act of 2000 (Public Law 106–373; 114 Stat. 1433) struck out “April 1” and inserted in lieu thereof “September 1".

398 22 U.S.C. 2221.

399 The words to this point, beginning with “, and in the case of the Indus Basin”, were added by sec. 107(a) of the FX Act of 1966. The reference to sec. 122(b) was substituted in lieu of a reference to sec. 201(d) by the International Development and Food Assistance Act of 1978 (Public Law 95–424; 92 Stat. 941).

400 Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966, was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as follows:

"(b) Contributions to the United Nations Development Program for the calendar years succeeding 1961 may not exceed forty per centum of the total amount contributed for such purposes (including assessed and audited local costs) for each such year. The President shall seek to assure that no contribution to the United Nations Development Program authorized by this Act shall be used for projects for economic or technical assistance to the Government of Cuba, so long as Cuba is governed by the Castro regime.".

401 Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969. It formerly read as follows: "(c) In determining whether or not to continue furnishing assistance for Palestine refugees in the Near East through contributions to the United Nations Relief and Works agency for Palestine Refugees in the Near East, the President shall take into account (1) whether Israel and the Arab host governments are taking steps toward the resettlement and repatriation of such refugees, and (2) the extent and success of efforts by the Agency and the Arab host governments to rectify the Palestine refugee relief rolls. Contributions by the United States for the fiscal year 1967 shall not exceed $13,300,000. No contributions under this subsection shall be made except on the condition that the United Nations Relief and Works Agency take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army.”.

« 이전계속 »