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(4) 1012 the status of each sale of agricultural commodities on credit terms theretofore made under the Agricultural Trade Development and Assistance Act of 1954 with respect to which there remains outstanding any unpaid obligation; and the status of each transaction with respect to which a loan, contract or guarantee of insurance, or extension of credit (or participation therein) was theretofore made under the Export-Import Bank Act of 1945 with respect to which there remains outstanding any unpaid obligation or potential liability; except that such report shall include individually only any loan, contract, sale, extension of credit, or other transactions listed in this paragraph which is in excess of $1,000,000;

(5)(A) the status of the debt servicing capacity of each country receiving assistance under this Act;

(B) all forms of debt relief granted by the United States with respect to such countries, together with a detailed statement of the specific debt relief granted with respect to each such country and the purpose for which it was granted; and

(C) a summary of the net aid flow from the United States to such countries, taking into consideration the debt relief granted by the United States;

(6) 1013 the dollar value of all official development assistance, security assistance, international disaster assistance, refugee assistance, and international narcotic control assistance provided by each government of a country which is a member of the Organization for Economic Cooperation and Development or of the Organization of Petroleum Exporting Countries;

(7) 1013 the percentage which each type of assistance described in paragraph (6) represents of (A) the gross national product of each country referred to in paragraph (6), and (B) the budget of the government of such country, as well as the per capita contribution for each country for each type of assistance described in paragraph (6);

(8) 1013 the amount of all foreign currencies acquired without payment of dollars on hand of each foreign country as of September 30 of the preceding fiscal year;

(9) 1013 the Development Coordination Committee's operations pursuant to section 640B(f) of this Act;

(10) 1013 the aggregate dollar value and quantity of grant military assistance, military education and training, and any other defense articles and services furnished under this Act by the United States to each foreign country and international organization for the preceding fiscal year;

1012 Par. (4) was amended and restated by sec. 733(4) of the International Security and Development Cooperation Act of 1981 (Public Law 97–113; 95 Stat. 1559). Previously, par. (4) also required information on loans and contracts concerning security assistance under this Act and credits for the procurement of defense articles under the Arms Export Control Act. This information is now required by sec. 25(aX11)

of the Arms Export Control Act. 1013 Sec. 707 of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated existing par. (6) as par. (8) and added new pars. (6) and (7). Sec. 733(6) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113,;95 Stat. 1559) struck out par. (8) (as redesignated) and inserted new pars. (8) through (12). Similar information required in each of the new pars. (8) through (12) had been previously required under other provisions as follows: par. (8-sec. 613(c) of this Act (semiannually); par. (9)_sec. 640B(g) of this Act; par. (10)sec. 657 of this Act; par. (11-sec. 133(0)6) of Public Law 95–88; and par. (12)—former par. (8) of this subsection.

(11) 1013 information concerning the activities of the Minority Resource Center during the preceding fiscal year; and

(12) 1013 other information appropriate to the conduct of the foreign assistance program of the United States Government. (b) For purposes of this section

(1) “foreign assistance” means any tangible or intangible item provided by the United States Government to a foreign country or international organization under this or any other Act, including but not limited to any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, United States dollars, and any currencies of any foreign country which are owned by the United States Government; and

(2) “provided by the United States Government” includes, but is not limited to, foreign assistance provided by means of

gift, loan, sale, credit, or guaranty. Sec. 634A. 1014 Notification of Program Changes.—a) 1015 None of the funds appropriated to carry out the purposes of this Act (except for programs under title III or title IV of chapter 2 of part I, chapter 5 of part I, and programs of disaster relief and rehabilitation) or the Arms Export Control Act 1016 may be obligated for any activities, programs, projects, types of material assistance, countries, or other operations not justified, or in excess of the amount justified, to the Congress for obligation under this Act or the Arms Export Control Act 1016 for any fiscal year unless the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs 1017 of the House of Representatives, and the Committee on Appropriations of each House of the Congress are notified fifteen days in advance of such obligation. Whenever a proposed reprogramming exceeds $1,000,000 and the total amount proposed for obligation for a country under this Act in a fiscal year exceeds by more than $5,000,000 the amount specified for that country in the report required by section 653(a) of this Act, notifications of such proposed reprogrammings shall specify,

(1) the nature and purpose of such proposed obligation, and

(2) to the extent possible at the time of the proposed obligation, the country for which such funds would otherwise have been obligated.1018 (b) 1015 The notification requirement of this section does not apply to the reprogramming

(1) of funds to be used for an activity, program, or project under chapter 1 of part I if the amounts to be obligated for

1014 22 U.S.C. 2394-1. Added originally as sec. 671 by the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543), sec. 634A was redesignated as such and moved to this point by sec. 502(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

1015 Subsecs. (b) and (c) were added by sec. 1209(a)(3) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat 278). Sec. 1209(a)(1) of the Act also inserted the designation for subsec. (a) of sec. 634A.

1016 References to the Arms Export Control Act were added by sec. 1209(a)(2) of the International Security and Development Cooperation Act of 1985 (Public Law 99-83: 99 Stat. 278).

1017 Sec. 1(a)(5) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives. Previously, sec. 9(aX6) of Public Law 103-437 (108 Stat. 4588) struck out “International Relations" and inserted in lieu thereof “Foreign Affairs”.

1018 This final sentence in sec. 634A was added by sec. 704 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544).

that activity, program, or project for that fiscal year do not exceed by more than 10 percent the amount justified to the Congress for that activity, program, or project for that fiscal year; or

(2) of less than $25,000 to be used under chapter 8 of part I, or under chapter 5 of part II, for a country for which a program under that chapter for that fiscal year was justified to

the Congress. (c) 1015 The President shall notify the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs 1019 of the House of Representatives concerning any reprogramming of funds in the International Affairs Budget Function, the authorizations of appropriations for which are in their respective jurisdictions, to the same degree and with the same conditions as the President notifies the Committees on Appropriations. The requirements of this subsection are in addition to, and not in lieu of, other notification requirements.

Sec. 634B. 1020 Classification of Reports.-All information contained in any report transmitted under this Act shall be public information. However, in the case of any item of information to be included in any such report that the President, on an extraordinary basis, determines is clearly detrimental to the security of the United States, he shall explain in a supplemental report why publication of each specific item would be detrimental to the security of the United States. A supplemental report shall be transmitted to the Congress at the time the report is transmitted.

Sec. 635.1021 General Authorities. (a) Except as otherwise specifically provided in this Act, assistance under this Act may be furnished on a grant basis or on such terms, including cash, credit, or other terms of repayment (including repayment in foreign currencies or by transfer to the United States Government of commodities) as may be determined to be best suited to the achievement

1019 Sec. 1(a)(5) of Public Law 104–14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

1020 22 U.S.C. 23941a. Sec. 634B was added by sec. 502(c) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

1021 22 U.S.C. 2395. Title II of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107–115; 115 Stat. 2123), provided the following:

“DEVELOPMENT CREDIT AUTHORITY

"(INCLUDING TRANSFER OF FUNDS) "For the cost of direct loans and loan guarantees, up to $18,500,000, as authorized by sections 108 and 635 of the Foreign Assistance Act of 1961: Provided, That such funds shall be derived by transfer from funds appropriated by this Act to carry out part I of the Foreign Assistance Act of 1961, and under the heading ‘Assistance for Eastern Europe and the Baltic States': Provided further, That such funds shall be made available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of the Act: Provided further, That during fiscal year 2002, commitments to guarantee loans shall not exceed $267,500,000: Provided further, That such costs shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan guarantees provided under this heading. In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International Development, $7,500,000, all of which may be transferred to and merged with the appropriation for Operating Expenses of the United States Agency for International Development: Provided further, That funds appropriated under this heading shall remain available until September 30, 2007.".

of the purposes of this Act, and shall emphasize loans rather than grants wherever possible.

(b) The President may make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, friendly government or government agency, whether within or without the United States and international organizations in furtherance of the purposes and within the limitations of this Act.

(c) It is the sense of Congress that the President, in furthering the purposes of this Act, shall use to the maximum extent practicable the services and facilities of voluntary, nonprofit organizations registered with, and approved by, the Agency for International Development. 1022

(d) The President may accept and use in furtherance of the purposes of this Act, money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purpose.

(e)(1) 1023 Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing technical information and assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program.

(2) 1023 Any agency of the United States Government is authorized to pay the cost of health and accident insurance for foreign employees of that agency while those employees are absent from their places of employment abroad for purposes of training or other official duties.

(f) Alien participants in any program of furnishing technical information and assistance under this Act may be admitted to the United States if otherwise qualified as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act, as amended (8 U.S.C. 1101(a)(15)), for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General. (g) In making loans 1024 under this Act, the President

(1) may issue letters of credit and letters of commitment;

(2) may collect or compromise any obligations assigned to, or held by, and any legal or equitable rights accruing to him, and, as he may determine, refer any such obligations or rights to the Attorney General for suit or collection;

(3) may acquire and dispose of, upon such terms and conditions as he may determine, any property, including any instrument evidencing indebtedness or ownership (provided that equity securities may not be directly purchased although such securities may be acquired by other means such as by exercise of conversion rights or through enforcement of liens or pledges

1022 Reference to the Agency for International Development was inserted in lieu of a reference to the Advisory Committee on Voluntary Foreign Aid by sec. 121 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).

1023 Sec. 30261)(1) of the FA Act of 1967 added paragraph designation "(1)" and par. (2).

1024 The words “and sales”, which appeared at this point, were added by sec. 302(g) of the FA Act of 1965; then deleted by sec. 302(i)(2) of the FA Act of 1967, effective June 30, 1968.

or otherwise to satisfy a previously incurred indebtedness), and guarantee payment against any such instrument;

(4) may determine the character of, and necessity for, obligations and expenditures of funds used in making such loans and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to corporations of the United States Government; and

(5) shall cause to be maintained an integral set of accounts which shall be audited by the General Accounting Office in accordance with principles and procedures applicable to commercial corporate transactions as provided by the Government Cor

poration Control Act, as amended (31 U.S.C. 841 et seq.). (h) A contract or agreement which entails commitments for the expenditure of funds 1025 available under chapter 1 1026 (except development loans) 1027 and title II of chapter 2 of part I and under part II may, subject to any future action of the Congress, extend at any time for not more than five years.

(i) Claims arising as a result of investment guaranty operations may be settled, and disputes arising as the result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the President may direct. Payment made pursuant to any such settlement, or as a result of an arbitration award, shall be final and conclusive notwithstanding any other provision of law.

(j) The provisions of section 955 of title 18 of the United States Code shall not apply to prevent any person, including any individual, partnership, corporation, or association, from acting for, or participating in, any operation or transaction arising under this Act, or from acquiring any obligation issued in connection with any operation or transaction arising under this Act.

(k) 1028 Any cost-type contract or agreement (including grants) entered into with a university, college, or other educational institution for the purpose of carrying out programs authorized by part I may provide for the payment of the reimbursable indirect costs of said university, college, or other educational institution on the basis of predetermined fixed-percentage rates applied to the total or an element thereof, of the reimbursable direct costs incurred.

(1) 1029 The Administrator of the agency primarily responsible for administering part I may use funds made available under that part to provide program and management oversight for activities that are funded under that part and that are conducted in countries in which the agency does not have a field mission or office.

(m) 1030 (1) There is established a working capital fund (in this subsection referred to as the “fund”) for the United States Agency for International Development (in this subsection referred to as the “Agency”) which shall be available without fiscal year limitation for

1025 Sec. 302(g) of the FA Act of 1962 deleted the word “made" which appeared after the word "funds".

1026 Reference to chapter 1 was inserted in lieu of reference to titles V and VI by sec. 102(g)(2XG) of the International Development and Food Assistance Act of 1978 (Public Law 95– 424; 92 Stat. 943).

1027 The words “(except development loans)" were added by sec. 302(d) of the FA Act of 1966. 1028 Subsec. (k) was added by sec. 302(e) of the FA Act of 1963.

1029 Sec. 301 of the Global AIDS and Tuberculosis Relief Act of 2000 (Public Law 106-264; 114 Stat. 760) added subsec. (1).

1030 Added by sec. 404 of the Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000 (Public Law 106-309; 114 Stat. 1098).

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