ing this part 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.

(d) INTEGRATION OF ASSISTANCE PROGRAMS.-(1) Assistance under this chapter 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 chapter 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.23 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 103 shall be coordinated to the maximum extent practicable.

(3) Assistance provided under this section shall emphasize lowcost 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 Act 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

23 The reference to community-based development programs was added by sec. 102(b) of the International Development Cooperation Act of 1979 (Public Law 96-53, 93 Stat. 360).

factors which might motivate people to plan family size or to space their children.

(f) PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND INVOLUNTARY STERILIZATIONS.—(1) None of the funds made available to carry out this part 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 this part 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) 24 None of the funds made available to carry out this part 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) AUTHORIZATIONS OF APPROPRIATIONS. (1) There are author ized to be appropriated to the President, in addition to funds other wise 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.25

24 Par. (3) was added by sec. 302(b) of the International Security and Development Coopera tion Act of 1981 (Public Law 97-113, 95 Stat. 1532).

The Supplemental Appropriations Act, 1985 (Public Law 99-88, 99 Stat. 293), amended Public Law 98-473 by adding at the end of the paragraph entitled "Population, Development Assist ance":

"None of the funds made available in this bill nor any unobligated balances from prior appro priations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of co ercive abortion or involuntary sterilization."

25 The authorization figures for fiscal years 1986 and 1987 to carry out subsecs. (b) and (c were added by sec. 303 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). Subsequently, sec. 404 of Public Law 99-529 (100 Stat. 3341. replaced the $205,000,000 authorization for subsec. (c) with an authorization of $180,000,000. Au thorizations under subsec. (b) in recent years include: fiscal year 1978-$167,000,000; fiscal year 1979-$224,745,000; fiscal year 1980-$201,000,000; fiscal year 1981-$238,000,000; fiscal year 1982-$211,000,000; fiscal year 1983—$211,000,000; fiscal year 1984-$244,600,000, fiscal year 1985-no authorization; fiscal year 1988-no authorization. Authorizations under subsec. (c) in recent years include: fiscal year 1978-$107,700,000; fiscal year 1979-$148,494,000; fiscal year 1980-$141,000,000; fiscal year 1981-$145,300,000; fiscal year 1982-$133,405,000; fiscal year 1983-$133,405,000 (of the 1982 and 1983 subsec. (c) authorizations, not less than 16 percent or $38,000,000 whichever amount is less was made available for United Nations Fund for Popula tion Activities); fiscal year 1984-$133,404,000; fiscal year 1985—no authorization; fiscal year

1988-no authorization.

Congress did not enact an authorization for fiscal year 1989. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461, 102 Stat. 2268) waived the requirement for authorizations and appropriated the following for "Popu lation, Development Assistance":

"For necessary expenses to carry out the provisions of section 104(b), $197,940,000: Provided, That none of the funds made available in this Act nor any unobligated balances from prior ap propriations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That none of the funds made available under this heading may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions; and that in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services: Provided further, That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act no applicant shall be discriminated against because of such applicant's religious or conscientious

Continued

Sec. 105.26 Education and Human Resources Development.(a) 27 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.2 (b)(1)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

28

commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act."

The amount for "Population, Development Assistance" for fiscal year 1989 does not include funds appropriated separately for sub-Saharan Africa.

The Foreign Operations, Export Financing and Related Programs Appropriations Act, 1989, also provided the following for "Health, Development Assistance":

"For necessary expenses to carry out the provisions of section 104(c), $122,459,000: Provided, That of this amount $2,500,000 shall be made available for the River Blindness Program of the World Health Organization.'

The amount for "Health, Development Assistance" for fiscal year 1989 does not include funds appropriated separately for sub-Saharan Africa.

Additionally, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, provided as follows for the "International AIDS Prevention and Control Program":

"For necessary expenses to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961, $40,000,000, which shall be made available only for activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries: Provided, That of the funds made available under this heading $25,500,000 shall be provided directly to the World Health Organization for its use in financing the Global Program on AIDS, including activities implemented by the Pan American Health Organization."

26 22 U.S.C. 2151c. Sec. 105 was added by sec. 2(3) of the FA Act of 1973.

27 Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection designation "(a)" and new subsecs. (b) and (c).

28 The authorization figures for fiscal years 1986 and 1987 were added by sec. 306 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). Authorizations for recent years include fiscal year 1975-$92,000,000; fiscal year 1976$89,200,000; fiscal year 1977-$101,800,000; fiscal year 1978-$84,900,000; fiscal year 1979$126,244,000; fiscal year 1980-$105,000,000; fiscal year 1981-$101,000,000; fiscal year 1982$103,600,000; fiscal year 1983-$103,600,000; fiscal year 1984-$121,477,000; fiscal year 1985-no authorization; fiscal year 1988-no authorization.

Congress did not enact an authorization for fiscal year 1989. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461, 102 Stat. 2268) waived the requirement for authorizations and appropriated the following for "Education and Human Resources Development, Development Assistance":

"For necessary expenses to carry out the provisions of section 105, $129,541,000: Provided, That $1,500,000 of the funds appropriated under this heading shall be made available for the Caribbean Law Institute: Provided further, That not less than $64,770,500 of the funds appropriated under this heading and under the heading 'Sub-Saharan Africa, Development Assistance' shall be available only for programs in basic primary and secondary education: Provided further, That in fiscal year 1989, the Agency for International Development shall initiate two new bilateral projects in basic primary and secondary education, at least one of which shall be initiated in countries in Sub-Saharan Africa: Provided further, That in each of fiscal years 1990 and 1991, such agency shall initiate three new bilateral projects in basic primary and secondary education, at least two of which in each fiscal year shall be initiated in Sub-Saharan Africa: Provided further, That not less than $15,000,000 of the funds appropriated under this heading shall be made available for the International Student Exchange Program: Provided further, That not less than $1,200,000 of the funds appropriated under this heading shall be made available for the Leadership Center for the Americas Program.

The figure of $129,541,000 for fiscal year 1989 does not include funds appropriated separately for development assistance to sub-Saharan Africa.

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.29

(2) 30 (A)(i) of the amounts authorized to be appropriated to carry out this section for the fiscal years 1987, 1988, and 1989, not less than $4,000,000 shall be used in each such fiscal year to finance education, training, and scholarships for the victims of apartheid, including teachers and other educational professionals, who are attending universities and colleges in South Africa. Amounts available to carry out this subparagraph shall be provided in accordance with the provisions of section 802(c) of the International Security and Development Cooperation Act of 1985.

(ii) Funds made available for each such fiscal year for purposes of chapter 4 of part II of this Act may be used to finance such education, training, and scholarships in lieu of an equal amount made available under this subparagraph.

(B)(i) In addition to amounts used for purposes of subparagraph (A), the agency primarily responsible for administering this part, in collaboration with other appropriate departments or agencies of the United States, shall use assistance provided under this section or chapter 4 of part II of this Act to finance scholarships for students pursuing secondary school education in South Africa. The selection of scholarship recipients shall be by a nationwide panel or by regional panels appointed by the United States chief of diplomatic mission to South Africa.

(ii) of the amounts authorized to be appropriated to carry out this section and chapter 4 of part II of this Act for the fiscal years 1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in each such fiscal year for purposes of this subparagraph.

(C)(i) In addition to the assistance authorized in subparagraph (A), the agency primarily responsible for administering this part shall provide assistance for in-service teacher training programs in South Africa through such nongovernmental organizations as TOPS or teachers' unions.

(ii) Of the amounts authorized to be appropriated to carry out this section and chapter 4 of part II of this Act, up to an aggregate of $500,000 for the fiscal year 1987 and up to an aggregate of $1,000,000 for the fiscal year 1988 may be used for purposes of this subparagraph, subject to standard procedures for project review and approval. (c) 31*

* *

[Repealed-1979]

29 This sentence was added by sec. 103(b) of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360).

30 22 USC 2151c. Par. (2) was added by sec. 201 of Public Law 99-440 (100 Stat. 1094). 31 Subsec. (c), which authorized funds during fiscal year 1977 and fiscal year 1978 for the southern African student program and the southern African training program, was repealed by sec. 122 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).

*

Sec. 106.32 Energy, Private Voluntary Organizations, and Selected Development Activities.-(a)(1)(A) 33 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 twothirds 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 103, 104, and 105 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 longterm development and economic growth.

(B) 33 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) 33 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) 33 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.

32 22 U.S.C. 2151d. Sec. 106, as added by Public Law 94-161 (89 Stat. 849), was amended by sec. 104 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360) by redesignating subsecs. (a) and (b) as (c) and (d) and by adding new subsecs. (a) and (b). A prior version of sec. 106 (added in 1973 by Public Law 93-189) had also been repealed by Public Law 94-161. Before its repeal, sec. 106 had concerned "Selected Development Problems", authorizing the President to furnish assistance to help solve economic and social development problems in fields such as transportation, power, industry, urban development, and export development. Sec. 304(a) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) substituted the current section heading in lieu of "Technical Assistance, Energy, Research, Reconstruction, and Selected Development Activities”.

33 Sec. 304(b) of the International Security and Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated pars. (1), (2), (3), and (4) of subsec. (a) as subpars. (A), (B), (C), and (D), respectively; redesignated subpars. (A), (B), and (C) of former par. (3) as clauses (i), (ii), and (iii), respectively; and added a new par. (2).